98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB4434

 

Introduced , by Rep. Lawrence M. Walsh, Jr.

 

SYNOPSIS AS INTRODUCED:
 
225 ILCS 715/8  from Ch. 96 1/2, par. 4509

    Amends the Surface-Mined Land Conservation and Reclamation Act. Changes certain provisions concerning the amount of any bond that is required to be filed with the Department of Natural Resources by an operator. Provides that the penalty of such bond shall be determined by the Director for lands to be affected by surface mining, including slurry and gob disposal areas (rather than the penalty of such bond shall be an amount between $600 and $5,000 per acre as determined by the Director for lands to be affected by surface mining, including slurry and gob disposal areas). Further provides that bond amounts shall be sufficient to ensure the completion of the reclamation plan specified in the approved permit if the work has to be performed by the Department in the event of forfeiture and that the Department shall prescribe standards for the determination of the amount of bonds. Establishes certain criteria which the Department shall consider in establishing such standards. Provides that 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.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Surface-Mined Land Conservation and
5Reclamation Act is amended by changing Section 8 as follows:
 
6    (225 ILCS 715/8)  (from Ch. 96 1/2, par. 4509)
7    Sec. 8. Bond of operator; amount; sufficiency of surety;
8violations; compliance. Any bond herein provided to be filed
9with the Department by the operator shall be in such form as
10the Director prescribes, payable to the People of the State of
11Illinois, conditioned that the operator shall faithfully
12perform all requirements of this Act and comply with all rules
13of the Department made in accordance with the provisions of
14this Act. Such bond shall be signed by the operator as
15principal, and by a good and sufficient corporate surety,
16licensed to do business in Illinois, as surety. The penalty of
17such bond shall be an amount between $600 and $5,000 per acre
18as determined by the Director for lands to be affected by
19surface mining, including slurry and gob disposal areas. Bond
20amounts shall be sufficient to ensure the completion of the
21reclamation plan specified in the approved permit if the work
22has to be performed by the Department in the event of
23forfeiture. The Department shall by rule prescribe standards

 

 

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1for determination of the amount of bonds. Such standards shall
2include the probable difficulty of reclamation, topography,
3geology, hydrology, revegetation potential, and other
4standards related to the purposes of this Act. In no case shall
5the bond for the entire area under one permit be less than $600
6per acre or $3,000, whichever is greater. Areas used for the
7disposal of slurry and gob shall continue under bond so long as
8they are in active use. In lieu of such bonds, the operator may
9deposit any combination of cash, certificates of deposits,
10government securities, or irrevocable letters of credit with
11the Department in an amount equal to that of the required
12surety bond on conditions as prescribed in this Section. The
13penalty of the bond or amount of other security shall be
14increased or reduced from time to time as provided in this Act.
15Such bond or security shall remain in effect until the affected
16lands have been reclaimed, approved and released by the
17Department except that when the Department determines that
18grading and covering with materials capable of supporting
19vegetation in accordance with the plan has been satisfactorily
20completed, the Department shall release the bond or security
21except the amount of $100 per acre which shall be retained by
22the Department until the reclamation according to Section 6 of
23this Act has been completed. Where an anticipated water
24impoundment has been approved by the Department in the
25reclamation plan, and the Department determines the
26impoundment will be satisfactorily completed upon completion

 

 

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1of the operation, the bond covering such anticipated water
2impoundment area shall be released.
3    A bond filed as above prescribed shall not be cancelled by
4the surety except after not less than 90 days' notice to the
5Department.
6    If the license to do business in Illinois of any surety
7upon a bond filed with the Department pursuant to this Act
8shall be suspended or revoked, the operator, within 30 days
9after receiving notice thereof from the Department, shall
10substitute for such surety a good and sufficient corporate
11surety licensed to do business in Illinois. Upon failure of the
12operator to make substitution of surety as herein provided, the
13Department shall have the right to suspend the permit of the
14operator until such substitution has been made.
15    The Department shall give written notice to the operator of
16any violation of this Act or non-compliance with any of the
17rules and regulations promulgated by the Department hereunder
18and if corrective measures, approved by the Department, are not
19commenced within 45 days, the Department may proceed as
20provided in Section 11 of this Act to request forfeiture of the
21bond or security. The forfeiture shall be the amount of bond or
22security in effect at the time of default for each acre or
23portion thereof with respect to which the operator has
24defaulted. Such forfeiture shall fully satisfy all obligations
25of the operator to reclaim the affected land under the
26provisions of this Act.

 

 

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1    The Department shall have the power to reclaim, in keeping
2with the provisions of this Act, any affected land with respect
3to which a bond has been forfeited.
4    Whenever an operator shall have completed all requirements
5under the provisions of this Act as to any affected land, he
6shall notify the Department thereof. If the Department
7determines that the operator has completed reclamation
8requirements and refuse disposal requirements and has achieved
9results appropriate to the use for which the area was
10reclaimed, the Department shall release the operator from
11further obligations regarding such affected land and the
12penalty of the bond shall be reduced proportionately.
13    Bonding aggregate mining operations under permit by the
14State is an exclusive power and function of the State. A home
15rule unit may not require bonding of aggregate mining
16operations under permit by the State. This provision is a
17denial and limitation of home rule powers and functions under
18subsection (h) of Section 6 of Article VII of the Illinois
19Constitution of 1970.
20(Source: P.A. 91-938, eff. 1-11-01.)