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91_HB3359
LRB9111593ACtm
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 Section 6.5 as
7 follows:
8 (225 ILCS 715/6.5)
9 Sec. 6.5. Blasting operations; rules regulation.
10 (a) Blasting operations at permitted and unpermitted
11 sites operated by the aggregate mining industry shall be
12 conducted only in accordance with existing State and federal
13 law and rules promulgated by the Department with the advice
14 of the aggregate mining industry. These rules shall include
15 provisions to require all of the following:
16 (1) The maintenance of blasting records for a
17 period of at least 3 years and that the records be made
18 available for Department inspection and copying.
19 However, these on-site blasting records, as they relate
20 to detonation, are deemed to be proprietary information.
21 (2) The control of blasting operations so as to
22 prevent injury to persons and damage to public and
23 private property outside the blasting site.
24 (3) That all blasting operations be conducted or
25 supervised by trained and competent persons as licensed
26 by the Department.
27 (4) That blasting operations be subject to air
28 blast or ground vibration monitoring, or both, as
29 necessary to limit property damage and protect public
30 safety.
31 (5) The issuance of notices of violation in the
-2- LRB9111593ACtm
1 event of a violation of the Department's blasting rules.
2 (6) The issuance of orders requiring the cessation
3 of blasting operations in the event of a violation of the
4 Department's blasting rules that may cause injury to
5 persons or damage to public and private property outside
6 the blasting site.
7 (7) The assessment of civil penalties, and the
8 initiation of formal administrative hearings to resolve
9 violations of the Department's blasting rules.
10 (b) The Department shall promulgate rules requiring the
11 training, examination, and licensing of persons engaging in
12 or responsible for the blasting operation or use of
13 explosives in aggregate mining operations. The rules shall
14 include an administrative enforcement process designed to
15 correct infractions of the terms of the blasting licenses
16 issued by the Department. These rules may also include a fee
17 schedule designed to defray the costs associated with the
18 Department's examination and licensing of persons engaging in
19 or responsible for the blasting operation or use of
20 explosives in aggregate mining operations.
21 (c) The rules implementing the requirements of this
22 Section shall become effective one year after the rules are
23 adopted by the Department.
24 (d) The regulation of blasting operations at aggregate
25 mining operations is an exclusive power and function of the
26 State. A home rule unit may not regulate blasting operations
27 at aggregate mining operations. This Section is a denial and
28 limitation of home rule powers and functions under subsection
29 (h) of Section 6 of Article VII of the Illinois Constitution.
30 (Source: P.A. 89-26, eff. 6-23-95.)