SB3107 96TH GENERAL ASSEMBLY

LRB096 16383 ASK 31648 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB3107

Introduced 2/8/2010, by Sen. Kyle McCarter

SYNOPSIS AS INTRODUCED:

See Index

Amends the Coal Mining Act. Requires an owner or operator to file a notice of intent to commence longwall coal mining with the Department of Natural Resources prior to commencing longwall coal mining. Provides that the notice of intent must be filed with the Department at least 60 calendar days prior to the anticipated date of commencing with longwall coal mining and that the filed notice of intent shall remain valid for one year. Sets forth provisions concerning failures to file a notice of intent, administrative hearings, penalties, and orders. Requires the Department within 7 days after receiving a notice of intent to send a copy of the notice to the county board of the county in which the longwall coal mining is proposed and publish a public notice in a newspaper of general circulation within the county. Requires the Department to hold a public informational hearing if the county board requests one within 30 days after receiving a copy of the notice of intent from the Department. Requires the Department to receive evidence at the public informational meeting, by testimony or otherwise, on certain specified subjects or issues. Provides that the county board shall submit within a certain time period an advisory, non-binding recommendation to the Department on the proposed longwall coal mining. Provides that if a public informational meeting is requested, then longwall coal mining may not begin until after the meeting has been held, the Department has reviewed and replied to the county board's recommendation, and the owner or operator has been notified by the Department that all applicable requirements have been met. Defines "longwall coal mining" and "owner or operator". Makes other changes.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning regulation.

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

Section 5. The Coal Mining Act is amended by adding the heading of Article 40 and Sections 40.01, 40.05, and 40.10 as follows:

(225 ILCS 705/Art. 40 heading new)

ARTICLE 40. Longwall Coal Mining

(225 ILCS 705/40.01 new)

Sec. 40.01. Definitions. For the purposes of this Article, unless the context otherwise requires:

"Department" means the Illinois Department of Natural Resources.

"Owner or operator" means any person who owns, leases, controls, or supervises a coal mine in which longwall coal mining is proposed.

"Longwall coal mining" means mining (1) done under hydraulic roof supports or shields that are advanced as the seam is cut, (2) in which a cutting head moves back and forth across a panel of coal, (3) where the cut coal falls onto a flexible conveyor for removal, and (4) in which the roof in the mined out areas falls as the supports or shields advance.

(225 ILCS 705/40.05 new)

Sec. 40.05. Filing notice of intent to conduct longwall coal mining.

(a) An owner or operator shall file a notice of intent to commence longwall coal mining with the Department prior to commencing longwall coal mining. The owner or operator shall file the notice of intent with the Department at least 60 calendar days prior to the anticipated date of commencing with longwall coal mining. The notice of intent filed with the Department shall remain valid for one year.

(b) The notice of intent shall include the following:

(1) the name and address of the owner or operator of the coal mine;

(2) a legal description of the territory where the owner or operator is proposing to conduct longwall coal mining;

(3) the estimated length of time the longwall coal mining will last; and

(4) the anticipated date of the commencement of longwall coal mining.

(c) The Department shall, within 15 calendar days after receipt of a notice of intent, notify the owner or operator as to whether his or her notice of intent is complete or requires additional information or clarification.

(d) If a notice of intent is not filed with the Department that complies with subsection (b) of this Section, as determined by the Department, prior to the commencing of longwall coal mining, then the Department shall hold an administrative hearing, as set out by rule. Upon determination of a failure to file a notice of intent, the Department shall impose a civil administrative penalty in an amount no more than $1,000 and shall enter an administrative order directing the owner or operator to file a notice of intent within 10 business days after receiving the order from the Department.

If a notice of intent is not filed with the Department within 10 business days after the owner or operator receives the administrative order from the Department, then the Department shall impose a civil administrative penalty in an amount no less than $1,000 and no more than $2,500 and shall enter an administrative order prohibiting the operation of the longwall coal mine until there is full compliance with this Act. Penalties under this subsection (d) not paid within 60 days of notice from the Department shall be submitted to the Attorney General's office or an approved private collection agency.

(225 ILCS 705/40.10 new)

Sec. 40.10. Public informational meeting; longwall coal mining.

(a) Within 7 days after receiving a notice of intent to commence longwall coal mining, the Department shall send a copy of the notice to the county board of the county in which the longwall coal mining is proposed and shall publish a public notice in a newspaper of general circulation within the county. Within 30 days after receiving a copy of the notice from the Department, the county board may request that the Department conduct a public informational meeting concerning the proposed longwall coal mining that is subject to this Act. During this 30 day period, county residents may petition the county board of the county where the proposed long wall coal mining will occur to request that the Department conduct a public informational meeting. If the county board is petitioned by 75 or more of the county's residents who are registered voters, then the county board shall request that the Department conduct a public informational meeting.

If the county board requests that the Department conduct the public informational meeting, then the Department shall conduct the public informational meeting within 15 days after receiving the county board's request. If the Department conducts a public informational meeting, then it shall cause notice of the public informational meeting to be published in a newspaper of general circulation in the county and in the State newspaper and shall send a copy of the notice to the county board. Upon receipt of the notice of a public informational meeting, the county board shall post the notice on the public informational board at the county courthouse at least 10 days before the meeting.

The owner or operator who submitted the notice of intent to commence longwall coal mining to the Department shall appear at the public informational meeting. At the public informational meeting, the Department shall afford members of the public an opportunity to ask questions and present oral or written comments concerning the proposed longwall coal mining.

(b) At the public informational meeting, the Department shall receive evidence, by testimony or otherwise, on the following subjects or issues:

(1) Whether the slope of the territory located above the proposed longwall coal mining is less than 5 degrees and whether the proposed longwall coal mining may result in substantial harm to the territory.

(2) Compensation for any subsidence resulting from the longwall coal mining.

(3) Planned placement of roads to be constructed by the owner or operator.

(4) Identified points of entry upon the surface for mining operations.

(5) Planned construction and placement of pits used for mining operations.

(6) Planned restoration of fences to be cut in order to make entry upon the surface for mining operations.

(7) Any potential use of waters on the surface of the lands.

(8) Planned removal of trees.

(9) Planned surface water drainage changes caused by mining operations.

(c) The county board shall submit at, or within 30 days after, the public informational meeting an advisory, non-binding recommendation to the Department on the proposed longwall coal mining. The advisory, non-binding recommendation shall contain, at a minimum, the following:

(1) a statement on whether the proposed longwall coal mining adequately addresses the subjects or issues listed under subsection (b) of this Section; and

(2) a statement containing the information and criteria used by the county board in determining whether the proposed longwall coal mining adequately addresses the subjects and issues listed under subsection (b) of this Section.

(d) If a county board requests a public informational meeting pursuant to subsection (a) of this Section, then the longwall coal mining proposed in the notice of intent may not begin until after the following has occurred:

(1) the public informational meeting has been held;

(2) the Department has reviewed the county board's recommendation;

(3) the Department has replied to the county board's recommendation indicating if the proposed longwall coal mining is or will be in compliance with the requirements of the law; and

(4) the owner or operator has been notified by the Department that all applicable requirements under this Article have been met.