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225 ILCS 715/8
(225 ILCS 715/8) (from Ch. 96 1/2, par. 4509)
Sec. 8. Bond of operator; amount; sufficiency of surety; violations;
compliance. Any bond herein provided to be filed with the Department by the
operator shall be in such form as the Director prescribes, payable to the
People of the State of Illinois, conditioned that the operator shall
faithfully perform all requirements of this Act and comply with all rules
of the Department made in accordance with the provisions of this Act. Such
bond shall be signed by the operator as principal, and by a good and
sufficient corporate surety, licensed to do business in Illinois, as
surety. The penalty of such bond shall be an amount between $600 and $10,000
per acre as determined by the Director for lands to be affected by
surface mining, including slurry and gob disposal areas. Under circumstances where a written agreement between the operator and a third party requires overburden to be removed, replaced, graded, and seeded in a manner that the necessary bond penalty exceeds $10,000 per acre, the Department shall require a bond amount sufficient to ensure the completion of the reclamation plan specified in the approved permit in the event of forfeiture. In no case shall the bond for the entire area under one permit be less than $600 per acre or $3,000, whichever is greater. Areas used for
the disposal of slurry and gob shall continue under bond so long as they
are in active use. In lieu of such bonds, the operator may deposit any
combination of cash, certificates of deposits, government securities, or
irrevocable letters of credit
with the Department in an amount equal to that of the required surety
bond on conditions as prescribed in this Section. The penalty of the bond or amount of other security
shall be increased or reduced from time to time as provided in this Act.
Such bond or security shall remain in effect until the affected lands have
been reclaimed, approved, and released by the Department except that when
the Department determines that grading and covering with materials capable
of supporting vegetation in accordance with the plan has been
satisfactorily completed, the Department shall release the bond or security
except the amount of $100 per acre which shall be retained by the
Department until the reclamation according to Section 6 of this Act has
been completed. Where an anticipated water impoundment has been approved by
the Department in the reclamation plan, and the Department determines the
impoundment will be satisfactorily completed upon completion of the
operation, the bond covering such anticipated water impoundment area shall
be released.
A bond filed as above prescribed shall not be cancelled by the surety
except after not less than 90 days' notice to the Department.
If the license to do business in Illinois of any surety upon a bond
filed with the Department pursuant to this Act shall be suspended or
revoked, the operator, within 30 days after receiving notice thereof from
the Department, shall substitute for such surety a good and sufficient
corporate surety licensed to do business in Illinois. Upon failure of the
operator to make substitution of surety as herein provided, the Department
shall have the right to suspend the permit of the operator until such
substitution has been made.
The Department shall give written notice to the operator of any
violation of this Act or non-compliance with any of the rules and
regulations promulgated by the Department hereunder and if corrective
measures, approved by the Department, are not commenced within 45 days, the
Department may proceed as provided in Section 11 of this Act to request
forfeiture of the bond or security. The forfeiture shall be the amount of
bond or security in effect at the time of default for each acre or portion
thereof with respect to which the operator has defaulted. Such forfeiture
shall fully satisfy all obligations of the operator to reclaim the affected
land under the provisions of this Act.
The Department shall have the power to reclaim, in keeping with the
provisions of this Act, any affected land with respect to which a bond has
been forfeited.
Whenever an operator shall have completed all requirements under the
provisions of this Act as to any affected land, he shall notify the
Department thereof. If the Department determines that the operator has
completed reclamation requirements and refuse disposal requirements and has
achieved results appropriate to the use for which the area was reclaimed,
the Department shall release the operator from further obligations
regarding such affected land and the penalty of the bond shall be reduced
proportionately.
Bonding aggregate mining operations under permit by the State is an
exclusive power and function of the State. A home rule unit may not require
bonding of aggregate mining operations under permit by the State. This
provision is a denial and limitation of home rule powers and functions under
subsection (h) of Section 6 of Article VII of the Illinois Constitution of
1970.
(Source: P.A. 99-224, eff. 1-1-16; 100-201, eff. 8-18-17.)
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