Illinois General Assembly - Full Text of HB0822
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Full Text of HB0822  94th General Assembly

HB0822enr 94TH GENERAL ASSEMBLY



 


 
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1     AN ACT concerning regulation.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Coal Mining Act is amended by changing
5 Sections 11.08 and 11.09 as follows:
 
6     (225 ILCS 705/11.08)
7     Sec. 11.08. Self-contained self-rescuer (SCSR) devices;
8 caches; strobe lights; luminescent signs.
9     (a) An operator must require each person underground to
10 carry a SCSR device on his or her person or, alternatively, a
11 SCSR device must be kept within 25 feet of the person
12 underground or may be kept more than 25 feet from the person
13 underground if done according to a plan approved by the Mining
14 Board.
15     (b) An operator must provide for each person who is
16 underground at least one SCSR device, in addition to the device
17 required under subsection (a), that provides protection for a
18 period of one hour or longer, to cover all persons in the mine.
19 This additional SCSR device must be kept within 25 feet of the
20 person underground or may be kept more than 25 feet from the
21 person underground if done according to a plan approved by the
22 Mining Board.
23     (c) If a mantrip or mobile equipment is used to enter or
24 exit the mine, additional SCSR devices, each of which must
25 provide protection for a period of one hour or longer, must be
26 available for all persons who use such transportation from
27 portal to portal.
28     (c-5) Beginning July 31, 2007, in addition to the SCSR
29 devices required under subsections (a), (b), and (c) of this
30 Section, an operator must provide a minimum of 30 SCSR devices
31 in each cache located within a mine. All SCSR devices required
32 under this subsection (c-5) shall be stored in caches that are

 

 

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1 conspicuous and readily accessible by each person in the mine.
2 If the average seam height of a mine is:
3         (1) less than 40 inches, caches must be located no more
4     than 2,200 feet apart throughout a mine;
5         (2) 40 inches or more, but less than 51 inches, caches
6     must be located no more than 3,300 feet apart throughout a
7     mine;
8         (3) 51 inches or more, but less than 66 inches, caches
9     must be located no more than 4,400 feet apart throughout a
10     mine; and
11         (4) 66 inches or more, caches must be located no more
12     than 5,700 feet apart throughout a mine.
13     An operator must submit for approval a plan addressing the
14 requirements of this subsection (c-5) to the Mining Board on or
15 before May 1, 2007.
16     (d) The Mining Board must require all operators to provide
17 additional SCSR devices in the primary and alternate escapeways
18 to ensure safe evacuation if the Mining Board determines that
19 If the SCSR devices required under subsections (a), (b), and
20 (c), and (c-5) are not adequate to provide enough oxygen for
21 all persons to safely evacuate the mine under mine emergency
22 conditions, the mine operator must provide additional SCSR
23 devices in the primary and alternate escapeways to ensure safe
24 evacuation for all persons underground through both primary and
25 alternate escapeways. The Mining Board must determine the time
26 needed for safe evacuation under emergency conditions from each
27 of those locations at 1,000 foot intervals. If the Mining Board
28 determines that additional SCSR devices are needed under this
29 subsection (d), the The mine operator must submit a SCSR
30 storage plan to the Mining Board for approval. The mine
31 operator must include in the SCSR storage plan the location,
32 quantity, and type of additional SCSR devices, including, but
33 not limited to, SCSR devices required under subsections (a),
34 (b), (c), and (c-5) of this Section, each of which must provide
35 protection for a period of one hour or longer, that are stored
36 in the primary and alternate escapeways. The SCSR storage plan

 

 

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1 must also show how each storage location in the primary and
2 alternate escapeways was determined. The Mining Board must
3 require the mine operator to demonstrate that the location,
4 quantity, and type of the additional SCSRs provide protection
5 to all persons to safely evacuate the mine. The SCSR storage
6 plan must be kept current by the mine operator and made
7 available for inspection by an authorized representative of the
8 Mining Board and by the miners' representative.
9     (e) (Blank) All SCSR devices required under this Section
10 shall be stored in caches that are conspicuous and readily
11 accessible by each person in the mine.
12     (f) An operator must provide require luminescent direction
13 signs leading to each cache and rescue chamber to be posted in
14 a mine, and a luminescent sign with the word words
15 "SELF-CONTAINED SELF-RESCUER" or "SELF-CONTAINED
16 SELF-RESCUERS" must be conspicuously posted at each cache and
17 rescue chamber.
18     (g) Intrinsically safe, battery-powered strobe lights that
19 have been approved by the Department must be affixed to each
20 cache and rescue chamber and must be capable of automatic
21 activation in the event of an emergency; however, until such
22 time as the Department approves intrinsically safe,
23 battery-powered strobe lights, reflective tape or any other
24 illuminated material approved by the Department must be affixed
25 to each cache and rescue chamber in a mine.
26     (h) The Mining Board must adopt and impose a plan for the
27 daily inspection of SCSR devices required under subsections
28 (a), (b), and (c) of this Section in order to ensure that the
29 devices perform their designated functions each working day.
30 Additional SCSR devices required under subsections (c-5) and
31 subsection (d) must be inspected every 90 days to ensure that
32 the devices perform their designated functions, in addition to
33 meeting all federal Mine Safety and Health Administration
34 requirements.
35     (i) Any person who, without the authorization of the
36 operator or the Mining Board, knowingly removes or attempts to

 

 

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1 remove any self-contained self-rescue device, or
2 battery-powered strobe light, reflective tape, or any other
3 illuminated material approved by the Department from a mine or
4 mine site with the intent to permanently deprive the operator
5 of the device, or light, reflective tape, or illuminated
6 material or who knowingly tampers with or attempts to tamper
7 with the device, or light, reflective tape, or illuminated
8 material is guilty of a Class 4 felony.
9     (j) (Blank) Beginning January 31, 2007, in addition to the
10 SCSR devices required under subsections (a), (b), and (c), an
11 operator must provide a minimum of 30 SCSR devices in each
12 cache located within a mine, in addition to federal Mine Safety
13 and Health Administration requirements. Caches must be located
14 no more than 4,000 feet apart throughout a mine.
15     (k) (Blank) An operator must submit for approval a plan
16 addressing the requirements of subsection (j) of this Section
17 to the Mining Board within 3 months after the effective date of
18 this amendatory Act of the 94th General Assembly.
19 (Source: P.A. 94-1041, eff. 7-24-06.)
 
20     (225 ILCS 705/11.09)
21     Sec. 11.09. Rescue chambers.
22     (a) Rescue chambers approved by the Mining Board must be
23 provided at suitable locations throughout a mine. (b) Beginning
24 January 31, 2007, rescue chambers approved by the Mining Board
25 must be provided and located within 3,000 feet of each working
26 section of a mine, in accordance with a plan submitted by an
27 operator and approved by the Mining Board.
28     (b) (c) An operator must submit a plan for approval
29 concerning the construction and maintenance of rescue chambers
30 required under this Section to the Mining Board on or before
31 May 1, 2007 within 3 months after the effective date of this
32 amendatory Act of the 94th General Assembly.
33 (Source: P.A. 94-1041, eff. 7-24-06.)
 
34     Section 99. Effective date. This Act takes effect upon

 

 

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1 becoming law.