State of Illinois
91st General Assembly
Legislation

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[ Introduced ][ Enrolled ][ House Amendment 001 ]

91_HB2970eng

 
HB2970 Engrossed                              LRB9109420ACprA

 1        AN  ACT  to amend the Surface-Mined Land Conservation and
 2    Reclamation Act.

 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:

 5        Section  5.   The  Surface-Mined  Land  Conservation  and
 6    Reclamation  Act  is amended by changing Sections 3, 5, 6, 8,
 7    and 12 as follows:

 8        (225 ILCS 715/3) (from Ch. 96 1/2, par. 4503)
 9        Sec. 3. Definitions.  Wherever used  or  referred  to  in
10    this Act, unless a different meaning clearly appears from the
11    context:
12        (a)  "Reclamation"  means  conditioning areas affected by
13    surface mining to achieve the purposes of this Act.
14        (b)  "Overburden"  means  all  of  the  earth  and  other
15    materials which lie above natural  deposits  of  coal,  clay,
16    stone,  sand,  gravel, or other minerals, and also means such
17    earth and other materials disturbed from their natural  state
18    in the process of surface mining.
19        (c)  "Surface mining" means the mining of any minerals by
20    removing the overburden lying above natural deposits thereof,
21    and mining directly from the natural deposits thereby exposed
22    or the deposition of overburden therefrom.
23        (d)  "Operator"  means  any  person, firm, partnership or
24    corporation engaged  in  and  controlling  a  surface  mining
25    operation,    and   includes   political   subdivisions   and
26    instrumentalities of the State of Illinois.
27        (e)  "Pit" means a tract of land, from  which  overburden
28    has  been  or  is  being  removed  for the purpose of surface
29    mining.
30        (f)  "Final  cut"  means  the  last  pit  created  in   a
31    surface-mined area.
 
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 1        (g)  "High  wall"  means that side of the pit adjacent to
 2    unmined land.
 3        (h)  "Affected land" means the area of  land  from  which
 4    overburden  is  removed  for  surface  mining  or  upon which
 5    overburden or refuse is deposited.  It also means any area of
 6    land utilized for drainage  ditches  and,  haulage  roads  at
 7    surface coal mines, slurry pond impoundments and gob disposal
 8    areas  which  are constructed, created, extended, enlarged or
 9    expanded.
10        (i)  "Refuse"  means   all   waste   materials   directly
11    connected with the cleaning and preparation of minerals mined
12    by surface mining and discarded equipment and machinery.
13        (j)  "Slurry" means that portion of refuse separated from
14    the  mineral in the cleaning process, consisting of fines and
15    clays in the preparation plant effluent, and which is readily
16    pumpable.
17        (k)  "Gob" means that portion  of  refuse  consisting  of
18    waste  coal,  rock,  pyrites,  slate, or other unmerchantable
19    material of relatively large size which is separated from the
20    mineral in the cleaning process.
21        (L)  "Acid  forming  materials"  means  those   materials
22    capable of producing toxic conditions when exposed.
23        (m)  "Toxic  conditions"  means  any conditions that will
24    not support higher forms of plant or animal life in any place
25    in connection with or  as  a  result  of  the  completion  of
26    surface mining.
27        (n)  "Ridge"  means  a lengthened elevation of overburden
28    created in the surface mining process.
29        (o)  "Peak"  means  a  projecting  point  of   overburden
30    created in the surface mining process.
31        (p)  "Department"  means  Department of Natural Resources
32    or such department, bureau, or  commission  as  may  lawfully
33    succeed to the powers and duties of such Department.
34        (q)  "Director"  means  the Director of the Department of
 
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 1    Natural Resources or such officer, bureau  or  commission  as
 2    may  lawfully  succeed  to  the  powers  and  duties  of such
 3    Director.
 4        (r)  "Darkened  surface  soil"  means  mineral   horizons
 5    formed  at  or  adjacent to the surface of the soil which are
 6    higher in organic matter content and visibly darker in  color
 7    than the immediately underlying horizons.
 8        (s)  "Aggregate  mining  industry"  means  producers,  by
 9    surface  mining  method,  of  all  minerals  other than coal,
10    including sand, gravel, silica sand, shale,  clay,  limestone
11    and any other mineral which may be so mined.
12    (Source: P.A. 89-445, eff. 2-7-96.)

13        (225 ILCS 715/5) (from Ch. 96 1/2, par. 4506)
14        Sec. 5.  Application for permit; bond; fee; permit.
15        (a)  Application  for  a permit shall be made upon a form
16    furnished by the  Department,  which  form  shall  contain  a
17    description  of the tract or tracts of land and the estimated
18    number of acres thereof to be affected by surface  mining  by
19    the  applicant  to  the tenth third succeeding June 30, which
20    description shall include the section, township,  range,  and
21    county  in  which  the  land  is  located and shall otherwise
22    describe the land with sufficient certainty so that it may be
23    located and distinguished from other lands, and  a  statement
24    that  the  applicant  has the right and power by legal estate
25    owned to mine by surface mining and to reclaim  the  land  so
26    described.   Such  application shall be accompanied by: (i) a
27    bond or security meeting the requirements  of  Section  8  of
28    this  Act; and (ii) a fee of $100 for every acre and fraction
29    of an acre of land to be permitted.
30        (b)  An operator desiring to have a his permit amended to
31    cover additional land may file an  amended  application  with
32    the  Department with such additional fee and bond or security
33    as may be required under the provisions of  this  Act.   Such
 
HB2970 Engrossed            -4-               LRB9109420ACprA
 1    amendment shall comply with all requirements of this Act.
 2        (c)  An  operator  may  withdraw  any  land  covered by a
 3    permit, excepting affected land, by notifying the  Department
 4    thereof,  in  which  case the penalty of the bond or security
 5    filed by such operator pursuant to the provisions of this Act
 6    shall be reduced proportionately.
 7        (d)  (Blank). Where acreage for which a permit  has  been
 8    in  effect  is not mined, or where mining operations have not
 9    been completed thereon, during the permit period, the  permit
10    as  to  such  acreage shall be extended by the Department for
11    another permit period without payment of any additional  fee,
12    if  not  more  than  25%  of  the  original permit acreage is
13    involved.  A new permit  will  be  required  at  the  regular
14    prescribed  fees as stated in this Section for all acreage in
15    excess of 25%.
16        (e)  Every  application,  and  every  amendment   to   an
17    application,  submitted  under  this  Act  shall  contain the
18    following,  except  that   the   Director   may   waive   the
19    requirements  of  this  subsection  (e) for amendments if the
20    affected acreage is similar in nature to the  acreage  stated
21    in the permit to be amended:
22             1.  a  statement of the ownership of the land and of
23        the minerals to be mined;
24             2.  the minerals to be mined;
25             3.  the character and composition of the  vegetation
26        and wildlife on lands to be affected;
27             4.  the  current and past uses to which the lands to
28        be affected have been put;
29             5.  the current assessed valuation of the  lands  to
30        be  affected  and the assessed valuation shown by the two
31        quadrennial  assessments  next  preceding  the  currently
32        effective assessment;
33             6.  the nature, depth and  proposed  disposition  of
34        the overburden;
 
HB2970 Engrossed            -5-               LRB9109420ACprA
 1             7.  the estimated depth to which the mineral deposit
 2        will be mined;
 3             8.  the  location of existing roads, and anticipated
 4        access  and  haulage  roads  planned  to   be   used   or
 5        constructed in conducting surface mining;
 6             9.  the technique to be used in surface mining;
 7             10.  the  location and names of all streams, creeks,
 8        bodies of water and underground  water  resources  within
 9        lands to be affected;
10             11.  drainage  on  and  away  from  the  lands to be
11        affected including directional flow of water, natural and
12        artificial  drainways  and  waterways,  and  streams   or
13        tributaries receiving the discharge;
14             12.  the  location  of  buildings  and utility lines
15        within lands to be affected;
16             13.  the results of core drillings  of  consolidated
17        materials   in   the  overburden  when  required  by  the
18        Department, provided that the Department may not  require
19        core  drillings  at  the applicant's expense in excess of
20        one core drill for every 25 acres of land to be affected;
21             14.  a conservation and  reclamation  plan  and  map
22        acceptable   to  the  Department.    The  operator  shall
23        designate which parts of the lands  to  be  affected  are
24        proposed  to  be  reclaimed he or she proposes to reclaim
25        for  forest,  pasture,  crop,  horticultural,   homesite,
26        recreational,  industrial  or  other uses including food,
27        shelter and ground cover for wildlife and shall show  the
28        same  by  appropriate  designation  on a reclamation map.
29        The plan shall:
30                  (i)  provide for  timely  compliance  with  all
31             operator  duties  set forth in Section 6 of this Act
32             by feasible and available means; and
33                  (ii)  provide for storage of all overburden and
34             refuse.
 
HB2970 Engrossed            -6-               LRB9109420ACprA
 1        Information respecting the minerals to be mined  required
 2    by   subparagraph   (e)2  of  this  Section,  respecting  the
 3    estimated depth to which the mineral deposit  will  be  mined
 4    required by subparagraph (e)7 of this Section, and respecting
 5    the  results of core drillings required by subparagraph (e)13
 6    of this Section shall be held confidential by the  Department
 7    upon written request of the applicant.
 8        (f)  All  information  required in subsection (e) of this
 9    Section, with the exception of that information which  is  to
10    be  held  in confidentiality by the Department  shall be made
11    available by the operator for public inspection at the county
12    seat of each county containing  land  to  be  affected.   The
13    county  board  of each county containing lands to be affected
14    may propose the use for which such lands  within  its  county
15    are  to be reclaimed and such proposal shall be considered by
16    the Department, provided  that  any  such  proposal  must  be
17    consistent with all requirements of this Act.
18        Such  plan  shall  be  deposited with the county board no
19    less than 60 days prior to any action  on  the  plan  by  the
20    Department.  All actions by the county board pursuant to this
21    Section must be taken within 45 days of receiving the plan.
22        If requested by a county board of a county to be affected
23    under a proposed permit, a public hearing to be conducted  by
24    the  Department  shall  be  held in such county on the permit
25    applicant's  proposed  reclamation  plan.    By   rules   and
26    regulations  the  Department  shall  establish  hearing dates
27    which provide county boards reasonable time in which to  have
28    reviewed  the proposed plans and the procedural rules for the
29    calling  and  conducting  of  the   public   hearing.    Such
30    procedural  rules  shall  include  provisions  for reasonable
31    notice  to  all  parties,  including   the   applicant,   and
32    reasonable  opportunity for all parties to respond by oral or
33    written testimony, or both, to statements and objections made
34    at the public hearing.  County boards and  the  public  shall
 
HB2970 Engrossed            -7-               LRB9109420ACprA
 1    present  their  recommendations at these hearings. A complete
 2    record of the hearings and all testimony shall be made by the
 3    Department and recorded stenographically.
 4        (g)  The Department  shall  approve  a  conservation  and
 5    reclamation plan if, and only if, the plan complies with this
 6    Act  and  completion  of  the plan will in fact achieve every
 7    duty of the operator required by this Act.  The  Department's
 8    approval  of  a  plan  shall  be  based  upon  the  advice of
 9    technically  trained  foresters,   agronomists,   economists,
10    engineers,   planners   and  other  relevant  experts  having
11    experience in  reclaiming  surface-mined  lands,  and  having
12    scientific  or  technical  knowledge based upon research into
13    reclaiming and utilizing surface-mined lands.  The Department
14    shall consider all testimony presented at the public hearings
15    as provided in subsection (f)  of  this  Section.   In  cases
16    where  no  public  hearing  is  held  on a proposed plan, the
17    Department  shall  consider  written  testimony  from  county
18    boards when submitted no later than 45 days following  filing
19    of  the  proposed  plan with the county board. The Department
20    shall immediately serve copies of such written  testimony  on
21    the applicant and give the applicant a reasonable opportunity
22    to  respond  by  written  testimony.    The  Department shall
23    consider the short and  long  term  impact  of  the  proposed
24    mining  on vegetation, wildlife, fish, land use, land values,
25    local tax base, the economy of  the  region  and  the  State,
26    employment  opportunities,  air  pollution,  water pollution,
27    soil  contamination,  noise  pollution  and  drainage.    The
28    Department  may  shall consider feasible alternative uses for
29    which reclamation might prepare the land to be  affected  and
30    may  shall  analyze  the  relative  costs and effects of such
31    alternatives.  Whenever the Department does not  approve  the
32    operator's  plan,  and  whenever  the  plan  approved  by the
33    Department does not conform to the views of the county  board
34    expressed  in accordance with subsection (f) of this Section,
 
HB2970 Engrossed            -8-               LRB9109420ACprA
 1    the Department shall issue a statement of its reasons for its
 2    determination and shall  make  such  statement  public.   The
 3    approved  plan shall be filed by the applicant with the clerk
 4    of each county containing lands to be affected and such  plan
 5    shall be available for public inspection at the office of the
 6    clerk until reclamation is completed and the bond is released
 7    in accordance with the provisions of the Act.
 8        (h)  Upon  receipt  of  a  bond or security, all fees due
 9    from the operator,  and  approval  of  the  conservation  and
10    reclamation  plan  by  the  Department,  the Department shall
11    issue a permit to the applicant which shall  entitle  him  to
12    engage  thereafter  in  surface  mining  on  the land therein
13    described until the  tenth  third  succeeding  June  30,  the
14    period  for  which  such  permits  are issued being hereafter
15    referred to as the "permit period".
16        (i)  The operator may transfer any existing permit  to  a
17    second  operator, after first notifying the Department of the
18    intent to transfer said permit. The Department shall transfer
19    any  existing  permit  to  a  second   party   upon   written
20    notification from both parties and the posting of an adequate
21    performance bond by the new permittee.
22    (Source: P.A. 91-357, eff. 7-29-99.)

23        (225 ILCS 715/6) (from Ch. 96 1/2, par. 4507)
24        Sec.  6.   Duties of operator.   Every operator to whom a
25    permit is issued pursuant to the provisions of this  Act  may
26    engage  in  surface  mining  upon  the lands described in the
27    permit upon the performance of and subject to  the  following
28    requirements with respect to such lands:
29        (a)  All  land  affected  by  surface  mining  except  as
30    otherwise  provided  in this Act shall be graded to a rolling
31    topography traversable by machines necessary for  maintenance
32    in  accordance  with  the  planned use, with slopes having no
33    more than 15% (or 8 degrees and  32  minutes)  grade,  except
 
HB2970 Engrossed            -9-               LRB9109420ACprA
 1    that  in  the following cases the grade shall not exceed 30%:
 2    (i) case of those lands to be reclaimed to in accordance with
 3    filed plan for forest plantation,  recreational  or  wildlife
 4    land  uses,  (ii) the outside slope of the box cut spoil, and
 5    (iii) the outside slopes of all overburden deposition  areas.
 6    the  grade  shall  not  exceed  30%  (or  16  degrees  and 42
 7    minutes); The final cut spoil and the side slopes of  haulage
 8    road  inclines  can  remain  at a slope equal to the angle of
 9    repose of the material, provided  the  material  can  support
10    vegetative  cover.  However,  in no case shall the Department
11    require grading to a lesser  slope  in  order  to  retain  or
12    provide  as much row crop or 15% slope land as possible; but,
13    such slopes need not be reduced to  less  than  the  original
14    grade  of  the  overburden  existing  of  that  area prior to
15    mining. ;
16        (b)  All runoff water  shall  be  impounded,  drained  or
17    treated  so  as  to  reduce  soil  erosion, damage to unmined
18    lands, and  pollution  of  streams  and  other  waters.   The
19    operator  shall  construct  earth  dams,  where  lakes may be
20    formed, in accordance with  sound  engineering  practices  if
21    necessary  to  impound  water,  provided the formation of the
22    lakes or ponds will not interfere with underground  or  other
23    mining operations, other subsequent uses of the area approved
24    by  the  Department, or damage adjoining property. Such water
25    impoundments must be approved by the Department based on  the
26    expected  ability  of the lakes or ponds to support desirable
27    uses such as water for livestock or wild life; and if  to  be
28    used  for  fish life, shall have minimum depths in accordance
29    with standards for fish stocking in the various areas of  the
30    State recommended by the Department. ;
31        (c)  Acid  forming  materials present in the exposed face
32    of the mined mineral seam or seams in the final cut shall  be
33    covered  at  all times with not less than 4 feet of water, or
34    other materials which shall be placed with slopes  having  no
 
HB2970 Engrossed            -10-              LRB9109420ACprA
 1    more  than  30% grade, capable of supporting plant and animal
 2    life.  Final cuts  or  other  depressed  affected  areas,  no
 3    longer  in  use  in mining operations, which accumulate toxic
 4    waters will not meet reclamation requirements.;
 5        (d)  Slurry must be confined in depressed or mined  areas
 6    bounded  by  levees or dams constructed from material capable
 7    of supporting acceptable vegetation and built  in  accordance
 8    with  sound  engineering  practices.   Such  areas  shall  be
 9    screened with border plantings of tree species which by their
10    seeding  habits  will  encourage propagation of vegetation on
11    these areas, and levees or dams built to confine slurry shall
12    be established  to  adapted  species  of  grasses.   Gob  not
13    capable  of  supporting  vegetation  shall  be  covered  to a
14    minimum depth of 4  feet  with  soil  or  other  material  in
15    accordance   with   sound   soil  conservation  practices  as
16    prescribed by the Director.  Such material must be capable of
17    being vegetated and an acceptable cover shall be established.
18    The above stipulated reclamation measures shall apply to  all
19    new   refuse  disposal  areas  or  horizontal  extensions  of
20    existing refuse disposal areas after the  effective  date  of
21    this Act.;
22        (e)  All  abandoned  haulage  roads and all mine drainage
23    ditches must be removed and graded, except where the Director
24    determines that a  road  or  ditch  is  consistent  with  and
25    necessary to the conservation and reclamation plan.;
26        (f)  Unless the approved reclamation plan is inconsistent
27    with vegetative cover, the soil shall be prepared and planted
28    with  trees,  shrubs, grasses and legumes to provide suitable
29    vegetative cover, in accordance with standards adopted by the
30    Department.;
31        (g)  All requirements  of  the  Environmental  Protection
32    Act,  and of rules and regulations thereunder, as enforced by
33    the Environmental Protection Agency, shall be  complied  with
34    fully  at  all  times  during  mining, reclamation, and after
 
HB2970 Engrossed            -11-              LRB9109420ACprA
 1    reclamation.;
 2        (h)  Surface mining operations that  remove  and  do  not
 3    replace the lateral support shall not, unless mutually agreed
 4    upon  by  the  operator  and  the  adjacent  property  owner,
 5    approach  property  lines,  established right-of-way lines of
 6    any public roads, streets or highways closer than a  distance
 7    equal to 10 feet plus one and one-half times the depth of the
 8    excavation except where consolidated material or materials of
 9    sufficient  hardness  or  ability to resist weathering and to
10    inhibit erosion or sloughing  exists  in  the  highwall,  the
11    distance   from   the   property   line  or  any  established
12    right-of-way line  shall  not,  unless  mutually  agreed,  be
13    closer than a distance equal to 10 feet plus one and one-half
14    times the depth from the natural ground surface to the top of
15    the consolidated material or materials.;
16        (i)  The operator shall annually submit to the Department
17    and  to  the  affected  county  no  later  than  September 1,
18    following the end of each fiscal year on June 30, a map in  a
19    form  approved  by the Department showing the location of the
20    pit or pits by section, township, range and county, with such
21    other  description  as  will  identify  the  land  which  the
22    operator has affected by surface mining  during  such  fiscal
23    year  and  has  completed  mining  operations thereon, with a
24    legend upon such map showing the number of acres of  affected
25    land.;
26        (j)  When  the  Director  determines  that the land to be
27    affected is (1)  capable  of  being  reclaimed  for  row-crop
28    agricultural  purposes and suitable for row-crop agricultural
29    purposes based on United  States  Soil  Conservation  Service
30    soil  survey  classifications  of  the affected land prior to
31    mining, and (2) when the Director determines that the optimum
32    future use of the land affected is for row-crop  agricultural
33    purposes,   the   affected   land  shall  be  graded  to  the
34    approximate original grade of  the  land  provided  that  the
 
HB2970 Engrossed            -12-              LRB9109420ACprA
 1    final cut and submerged roadways may remain if the Department
 2    determines that such final cut or roadways could form a water
 3    impoundment  capable  of  supporting  desirable  uses such as
 4    water for livestock or wild life; and if to be used for  fish
 5    life,  shall have minimum depths in accordance with standards
 6    for fish stocking  as  recommended  by  the  Department,  and
 7    provided  further  that  the box cut spoil shall be graded in
 8    accordance with subparagraph (a) of Section 6.;
 9        The reclamation requirements in this Section do not apply
10    to affected land used  for  a  sanitary  land  fill  if  such
11    sanitary   land   fill   is  approved  by  the  Environmental
12    Protection Agency.  The Environmental Protection  Agency  may
13    regulate  the  amount  of land to be used for the purpose and
14    may establish a time schedule  for  the  orderly  and  timely
15    completion  of  such  sanitary  land fill.  Any affected land
16    designated for sanitary land  fill  and  not  used  for  such
17    purpose   within  5  years  is  subject  to  the  reclamation
18    provisions of this Section;
19        On all affected lands to be  graded  to  the  approximate
20    original  grade under this subsection (j), all or part of the
21    darkened surface soil, as  defined  in  this  Act,  shall  be
22    segregated  during  the  stripping  process and replaced as a
23    final cover as a last step  in  the  required  grading.  When
24    available  in  such depth, at least 18 inches of the darkened
25    surface soil shall be segregated and replaced. When less than
26    18 inches of darkened surface soil  exists  all  such  lesser
27    amounts  shall  be segregated and replaced.  In no case under
28    this subsection (j) shall less  than  the  top  8  inches  of
29    surface  soil,  darkened  or not, be segregated and replaced.
30    This segregation and replacement requirement may  be  altered
31    by the Department only if it is determined upon the advice of
32    competent  soil  scientists  that other material available in
33    the  cast  overburden  would  be  suitable  in  meeting   the
34    reclamation requirements. Below the darkened surface soil the
 
HB2970 Engrossed            -13-              LRB9109420ACprA
 1    replaced  material  shall be suitable as an agricultural root
 2    medium.   The  Department  shall  determine  by   rules   and
 3    regulations  what  constitutes  a  suitable agricultural root
 4    medium  by  composition  and  depth.   On  all  lands  to  be
 5    reclaimed under this subsection (j), the operator  shall  not
 6    be required to create a soil condition better than that which
 7    existed prior to surface mining.
 8        (k)  All  grading provided for hereunder shall proceed in
 9    conjunction with surface  mining  and  shall  be  carried  to
10    completion  by  the  operator  prior  to the expiration of 11
11    months after June 30 of the fiscal year in which  the  mining
12    occurred.   All  other  reclamation  provided  for hereunder,
13    except gob and slurry areas in active use, shall  be  carried
14    to  completion  by  the operator prior to the expiration of 3
15    years after active use, as determined by the Department  June
16    30  of  the  fiscal year in which the mining occurred, except
17    that no other reclamation of any kind shall be required to be
18    made within depressed haulage roads  or  final  cuts  or  any
19    other  area  where  pools  or  lakes,  capable  of supporting
20    aquatic life, may be formed by rainfall  or  drainage  runoff
21    from  adjoining  land or where the Director determines that a
22    road,  dry  pit  bottom  or  ditch  is  consistent  with  and
23    necessary to the  conservation  and  reclamation  plan.   All
24    mined   areas   which   in  the  reclamation  plan  call  for
25    vegetation, other than land to be reclaimed under  subsection
26    (j)  of  this  Section,   shall  be covered with whatever top
27    soils or and other materials from the  cast  overburden  that
28    will  support  acceptable  plant  growth  in  accordance with
29    standards adopted by the Department.   The  Department  shall
30    have  authority  to  require  that  darkened  surface soil be
31    segregated from other overburden in the stripping process  so
32    as  to accomplish the requirements of this subparagraph. When
33    extension of the reclamation period  is  necessary  to  allow
34    continued  mining  operation  and  to  accomplish  acceptable
 
HB2970 Engrossed            -14-              LRB9109420ACprA
 1    reclamation,  such  extension shall be made at the discretion
 2    of the Department, however, the Department shall not  deny  a
 3    reasonable  extension  under  any  of the subsections of this
 4    Section 6 when the operator shows that acts of God,  strikes,
 5    inability to receive ordered equipment or extended periods of
 6    unseasonable  and  not  to  be  expected  weather  have  made
 7    completion  within time limits impossible; or, the Department
 8    shall declare forfeiture of the surety bond  or  security  on
 9    such  land not satisfactorily reclaimed or the Director shall
10    provide that the operator  cover  such  areas  with  material
11    capable  of  being  vegetated  in  accordance with vegetative
12    standards adopted by the Department within 1 year.   Gob  and
13    disposal  areas  shall  be reclaimed as provided in Section 6
14    (d) within one year after cessation of active use. If further
15    extension  of  the  reclamation  period   is   necessary   to
16    accomplish  acceptable  reclamation  such  extension shall be
17    made at the discretion of the Department  or  the  Department
18    shall  declare  forfeiture  of the surety bond or security on
19    such land not satisfactorily reclaimed.;
20        (l)  The reclamation requirements in this Section do  not
21    apply to affected land used for a landfill if the landfill is
22    approved   by   the   Environmental  Protection  Agency.  The
23    Environmental Protection Agency may regulate  the  amount  of
24    land  to  be  used  for that purpose and may establish a time
25    schedule  for  the  orderly  and  timely  completion  of  the
26    landfill. Any affected land designated for landfill  and  not
27    used for that purpose within 5 years after such a designation
28    is  subject to the reclamation provisions of this Section. If
29    the operator is unable to acquire sufficient  planting  stock
30    of desired tree species from State nurseries, or acquire such
31    tree  species  elsewhere at comparable prices, the Department
32    shall grant the operator an extension of time until  planting
33    stock  is available to plant such land as originally planned,
34    or shall permit the operator to select an alternate method of
 
HB2970 Engrossed            -15-              LRB9109420ACprA
 1    reclamation in keeping with the provisions of this Act.
 2        (m)  The  conservation  and  reclamation  plan  shall  be
 3    completely performed on time.
 4        (n)  High  walls  shall  be  reshaped  to  a   slope   of
 5    two-to-one  or  50% to the anticipated water level or dry pit
 6    bottom  unless  otherwise  excepted  by  the  Director.   The
 7    Director shall submit proposed  exceptions  to  the  Advisory
 8    Council for its comments before granting any exceptions under
 9    this Act.
10        (o)  The  provisions  of  subsections (j) and (n) of this
11    Section do not apply to the aggregate mining industry.
12    (Source: P.A. 80-295.)

13        (225 ILCS 715/8) (from Ch. 96 1/2, par. 4509)
14        Sec. 8.  Bond of operator; amount; sufficiency of surety;
15    violations; compliance. Any bond herein provided to be  filed
16    with  the Department by the operator shall be in such form as
17    the Director prescribes, payable to the People of  the  State
18    of  Illinois,  conditioned that the operator shall faithfully
19    perform all requirements of this  Act  and  comply  with  all
20    rules   of   the  Department  made  in  accordance  with  the
21    provisions of this Act.  Such bond shall  be  signed  by  the
22    operator as principal, and by a good and sufficient corporate
23    surety,  licensed to do business in Illinois, as surety.  The
24    penalty of such bond shall be  an  amount  between  $600  and
25    $5,000 per acre as determined by the Director for lands to be
26    affected by surface mining, including slurry and gob disposal
27    areas.   Areas  used for the disposal of slurry and gob shall
28    continue under bond so long as they are  in  active  use.  In
29    lieu  of such bonds, the operator may deposit any combination
30    of cash, certificates of deposits, government securities,  or
31    irrevocable  letters  of  credit  with  the  Department in an
32    amount  equal  to  that  of  the  required  surety  bond   on
33    conditions  as prescribed in this Section.  At the discretion
 
HB2970 Engrossed            -16-              LRB9109420ACprA
 1    of the Department,  surety  bond  requirements  may  also  be
 2    fulfilled  by  using  existing  reclaimed acres, in excess of
 3    cumulative permit or mined acres, that  have  been  completed
 4    under  the  jurisdiction  of  this  Act  and  approved by the
 5    Department.  The penalty of  the  bond  or  amount  of  other
 6    security  shall  be increased or reduced from time to time as
 7    provided in this Act. Such bond or security shall  remain  in
 8    effect until the affected lands have been reclaimed, approved
 9    and   released   by  the  Department  except  that  when  the
10    Department  determines  that  grading   and   covering   with
11    materials capable of supporting vegetation in accordance with
12    the  plan  has  been satisfactorily completed, the Department
13    shall release the bond or security except the amount of  $100
14    per  acre which shall be retained by the Department until the
15    reclamation according to Section  6  of  this  Act  has  been
16    completed.   Where  an anticipated water impoundment has been
17    approved by the Department in the reclamation plan,  and  the
18    Department  determines the impoundment will be satisfactorily
19    completed upon completion of the operation, the bond covering
20    such anticipated water impoundment area shall be released.
21        A bond filed as above prescribed shall not  be  cancelled
22    by  the  surety except after not less than 90 days' notice to
23    the Department.
24        If the license to do business in Illinois of  any  surety
25    upon  a  bond  filed with the Department pursuant to this Act
26    shall be suspended or revoked, the operator, within  30  days
27    after  receiving  notice  thereof  from the Department, shall
28    substitute for such surety a good  and  sufficient  corporate
29    surety  licensed to do business in Illinois.  Upon failure of
30    the  operator  to  make  substitution  of  surety  as  herein
31    provided, the Department shall have the right to suspend  the
32    permit of the operator until such substitution has been made.
33        The  Department shall give written notice to the operator
34    of any violation of this Act or non-compliance  with  any  of
 
HB2970 Engrossed            -17-              LRB9109420ACprA
 1    the  rules  and  regulations  promulgated  by  the Department
 2    hereunder  and  if  corrective  measures,  approved  by   the
 3    Department,  are not commenced within 45 days, the Department
 4    may proceed as provided in Section 11 of this Act to  request
 5    forfeiture  of the bond or security.  The forfeiture shall be
 6    the amount of bond or security  in  effect  at  the  time  of
 7    default  for  each  acre  or  portion thereof with respect to
 8    which the operator  has  defaulted.   Such  forfeiture  shall
 9    fully  satisfy all obligations of the operator to reclaim the
10    affected land under the provisions of this Act.
11        The Department  shall  have  the  power  to  reclaim,  in
12    keeping  with  the  provisions of this Act, any affected land
13    with respect to which a bond has been forfeited.
14        Whenever   an   operator   shall   have   completed   all
15    requirements under the provisions  of  this  Act  as  to  any
16    affected  land,  he  shall notify the Department thereof.  If
17    the Department determines that  the  operator  has  completed
18    reclamation requirements and refuse disposal requirements and
19    has  achieved  results  appropriate  to the use for which the
20    area was reclaimed, the Department shall release the operator
21    from further obligations regarding such affected land and the
22    penalty of the bond shall be reduced proportionately.
23        Bonding aggregate mining operations under permit  by  the
24    State is an exclusive power and function of the State. A home
25    rule  unit  may  not  require  bonding  of  aggregate  mining
26    operations  under  permit  by  the State. This provision is a
27    denial and limitation of home rule powers and functions under
28    subsection (h) of Section 6 of Article VII  of  the  Illinois
29    Constitution of 1970.
30    (Source: P.A. 86-364.)

31        (225 ILCS 715/12) (from Ch. 96 1/2, par. 4513)
32        Sec. 12.  Rules and regulations.
33        (a)  The  Department  may adopt and promulgate reasonable
 
HB2970 Engrossed            -18-              LRB9109420ACprA
 1    rules and regulations respecting the administration  of  this
 2    Act, and in conformity therewith.
 3        (b)  Rules  adopted  by  the  Department  shall not apply
 4    retroactively. Any operator shall have the right  to  proceed
 5    with  operations  under this Act until such rules are adopted
 6    and no such rules shall be made applicable to any  operations
 7    prior to the effective date thereof.
 8        (c)  In  addition  to the provisions of this Section, and
 9    to the extent consistent with this Section, the provisions of
10    the  Illinois  Administrative  Procedure  Act  apply  to  the
11    adoption of rules under this Act.
12        (d)  Any act authorized to be done by the Director may be
13    performed by the Assistant Director or any  employee  of  the
14    Department when designated by the Director.
15        Prior  to the adoption, amendment, or repeal of any rule,
16    the Director shall:
17        A.  give at least 30 days notice of his intended  action.
18    The  notice  shall include a statement of either the terms or
19    substance of the intended action  or  a  description  of  the
20    subjects  and  issues  involved,  and  the time when, and the
21    place  where  interested  persons  may  present  their  views
22    thereon. The notice shall be mailed to all persons  who  have
23    made timely request of the Director for advance notice of his
24    rule-making   proceedings  and  shall  be  published  in  the
25    official State newspaper;
26        B.  afford all interested persons reasonable  opportunity
27    to  submit  data,  views, or arguments, orally or in writing,
28    provided that the right to cross  examine  any  witnesses  is
29    given  to any interested parties, if such right is requested.
30    The Director  shall  consider  fully  all  written  and  oral
31    submissions  respecting  the  proposed  rule.  No rule may be
32    adopted unless substantial evidence in support of  such  rule
33    is  presented  at  such hearing.  Upon adoption of a rule the
34    Director, if requested to  do  so  by  an  interested  person
 
HB2970 Engrossed            -19-              LRB9109420ACprA
 1    either  prior to adoption or within 30 days thereafter, shall
 2    issue a concise statement of the  principal  reasons  for  or
 3    against  its  adoption, incorporating therein his reasons for
 4    overruling the considerations urged against its adoption.
 5        No rule is valid unless adopted in substantial compliance
 6    with this Section.
 7        The Director shall file in the office of the Secretary of
 8    State a certified copy of each  rule  adopted  by  him.   The
 9    Secretary  of  State  shall  keep a permanent register of the
10    rules open to public inspection.
11        Each rule hereafter adopted is effective  30  days  after
12    filing,  except  that,  if  a  later date is specified in the
13    rule, the later date is the effective date.  Any rule adopted
14    hereunder shall not be retroactive.  Any operator shall  have
15    the  right  to  proceed  with operations under this Act until
16    such rules are adopted  and  no  such  rules  shall  be  made
17    applicable  to  any  operations  prior  to the effective date
18    thereof.
19    (Source: P.A. 78-1295.)

20        (225 ILCS 715/4.1 rep.)
21        (225 ILCS 715/15 rep.)
22        Section  10.  The  Surface-Mined  Land  Conservation  and
23    Reclamation Act is amended by repealing Sections 4.1 and 15.

24        Section 99.  Effective date.  This Act takes effect  upon
25    becoming law.

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