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Public Act 91-0938
HB2970 Enrolled LRB9109420ACprA
AN ACT to amend the Surface-Mined Land Conservation and
Reclamation Act.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Surface-Mined Land Conservation and
Reclamation Act is amended by changing Sections 3, 5, 6, 8,
and 12 as follows:
(225 ILCS 715/3) (from Ch. 96 1/2, par. 4503)
Sec. 3. Definitions. Wherever used or referred to in
this Act, unless a different meaning clearly appears from the
context:
(a) "Reclamation" means conditioning areas affected by
surface mining to achieve the purposes of this Act.
(b) "Overburden" means all of the earth and other
materials which lie above natural deposits of coal, clay,
stone, sand, gravel, or other minerals, and also means such
earth and other materials disturbed from their natural state
in the process of surface mining.
(c) "Surface mining" means the mining of any minerals by
removing the overburden lying above natural deposits thereof,
and mining directly from the natural deposits thereby exposed
or the deposition of overburden therefrom.
(d) "Operator" means any person, firm, partnership or
corporation engaged in and controlling a surface mining
operation, and includes political subdivisions and
instrumentalities of the State of Illinois.
(e) "Pit" means a tract of land, from which overburden
has been or is being removed for the purpose of surface
mining.
(f) "Final cut" means the last pit created in a
surface-mined area.
(g) "High wall" means that side of the pit adjacent to
unmined land.
(h) "Affected land" means the area of land from which
overburden is removed for surface mining or upon which
overburden or refuse is deposited. It also means any area of
land utilized for drainage ditches and, haulage roads at
surface coal mines, slurry pond impoundments and gob disposal
areas which are constructed, created, extended, enlarged or
expanded.
(i) "Refuse" means all waste materials directly
connected with the cleaning and preparation of minerals mined
by surface mining and discarded equipment and machinery.
(j) "Slurry" means that portion of refuse separated from
the mineral in the cleaning process, consisting of fines and
clays in the preparation plant effluent, and which is readily
pumpable.
(k) "Gob" means that portion of refuse consisting of
waste coal, rock, pyrites, slate, or other unmerchantable
material of relatively large size which is separated from the
mineral in the cleaning process.
(L) "Acid forming materials" means those materials
capable of producing toxic conditions when exposed.
(m) "Toxic conditions" means any conditions that will
not support higher forms of plant or animal life in any place
in connection with or as a result of the completion of
surface mining.
(n) "Ridge" means a lengthened elevation of overburden
created in the surface mining process.
(o) "Peak" means a projecting point of overburden
created in the surface mining process.
(p) "Department" means Department of Natural Resources
or such department, bureau, or commission as may lawfully
succeed to the powers and duties of such Department.
(q) "Director" means the Director of the Department of
Natural Resources or such officer, bureau or commission as
may lawfully succeed to the powers and duties of such
Director.
(r) "Darkened surface soil" means mineral horizons
formed at or adjacent to the surface of the soil which are
higher in organic matter content and visibly darker in color
than the immediately underlying horizons.
(s) "Aggregate mining industry" means producers, by
surface mining method, of all minerals other than coal,
including sand, gravel, silica sand, shale, clay, limestone
and any other mineral which may be so mined.
(Source: P.A. 89-445, eff. 2-7-96.)
(225 ILCS 715/5) (from Ch. 96 1/2, par. 4506)
Sec. 5. Application for permit; bond; fee; permit.
(a) Application for a permit shall be made upon a form
furnished by the Department, which form shall contain a
description of the tract or tracts of land and the estimated
number of acres thereof to be affected by surface mining by
the applicant to the tenth third succeeding June 30, which
description shall include the section, township, range, and
county in which the land is located and shall otherwise
describe the land with sufficient certainty so that it may be
located and distinguished from other lands, and a statement
that the applicant has the right and power by legal estate
owned to mine by surface mining and to reclaim the land so
described. Such application shall be accompanied by: (i) a
bond or security meeting the requirements of Section 8 of
this Act; and (ii) a fee of $100 for every acre and fraction
of an acre of land to be permitted.
(b) An operator desiring to have a his permit amended to
cover additional land may file an amended application with
the Department with such additional fee and bond or security
as may be required under the provisions of this Act. Such
amendment shall comply with all requirements of this Act.
(c) An operator may withdraw any land covered by a
permit, excepting affected land, by notifying the Department
thereof, in which case the penalty of the bond or security
filed by such operator pursuant to the provisions of this Act
shall be reduced proportionately.
(d) (Blank). Where acreage for which a permit has been
in effect is not mined, or where mining operations have not
been completed thereon, during the permit period, the permit
as to such acreage shall be extended by the Department for
another permit period without payment of any additional fee,
if not more than 25% of the original permit acreage is
involved. A new permit will be required at the regular
prescribed fees as stated in this Section for all acreage in
excess of 25%.
(e) Every application, and every amendment to an
application, submitted under this Act shall contain the
following, except that the Director may waive the
requirements of this subsection (e) for amendments if the
affected acreage is similar in nature to the acreage stated
in the permit to be amended:
1. a statement of the ownership of the land and of
the minerals to be mined;
2. the minerals to be mined;
3. the character and composition of the vegetation
and wildlife on lands to be affected;
4. the current and past uses to which the lands to
be affected have been put;
5. the current assessed valuation of the lands to
be affected and the assessed valuation shown by the two
quadrennial assessments next preceding the currently
effective assessment;
6. the nature, depth and proposed disposition of
the overburden;
7. the estimated depth to which the mineral deposit
will be mined;
8. the location of existing roads, and anticipated
access and haulage roads planned to be used or
constructed in conducting surface mining;
9. the technique to be used in surface mining;
10. the location and names of all streams, creeks,
bodies of water and underground water resources within
lands to be affected;
11. drainage on and away from the lands to be
affected including directional flow of water, natural and
artificial drainways and waterways, and streams or
tributaries receiving the discharge;
12. the location of buildings and utility lines
within lands to be affected;
13. the results of core drillings of consolidated
materials in the overburden when required by the
Department, provided that the Department may not require
core drillings at the applicant's expense in excess of
one core drill for every 25 acres of land to be affected;
14. a conservation and reclamation plan and map
acceptable to the Department. The operator shall
designate which parts of the lands to be affected are
proposed to be reclaimed he or she proposes to reclaim
for forest, pasture, crop, horticultural, homesite,
recreational, industrial or other uses including food,
shelter and ground cover for wildlife and shall show the
same by appropriate designation on a reclamation map.
The plan shall:
(i) provide for timely compliance with all
operator duties set forth in Section 6 of this Act
by feasible and available means; and
(ii) provide for storage of all overburden and
refuse.
Information respecting the minerals to be mined required
by subparagraph (e)2 of this Section, respecting the
estimated depth to which the mineral deposit will be mined
required by subparagraph (e)7 of this Section, and respecting
the results of core drillings required by subparagraph (e)13
of this Section shall be held confidential by the Department
upon written request of the applicant.
(f) All information required in subsection (e) of this
Section, with the exception of that information which is to
be held in confidentiality by the Department shall be made
available by the operator for public inspection at the county
seat of each county containing land to be affected. The
county board of each county containing lands to be affected
may propose the use for which such lands within its county
are to be reclaimed and such proposal shall be considered by
the Department, provided that any such proposal must be
consistent with all requirements of this Act.
Such plan shall be deposited with the county board no
less than 60 days prior to any action on the plan by the
Department. All actions by the county board pursuant to this
Section must be taken within 45 days of receiving the plan.
If requested by a county board of a county to be affected
under a proposed permit, a public hearing to be conducted by
the Department shall be held in such county on the permit
applicant's proposed reclamation plan. By rules and
regulations the Department shall establish hearing dates
which provide county boards reasonable time in which to have
reviewed the proposed plans and the procedural rules for the
calling and conducting of the public hearing. Such
procedural rules shall include provisions for reasonable
notice to all parties, including the applicant, and
reasonable opportunity for all parties to respond by oral or
written testimony, or both, to statements and objections made
at the public hearing. County boards and the public shall
present their recommendations at these hearings. A complete
record of the hearings and all testimony shall be made by the
Department and recorded stenographically.
(g) The Department shall approve a conservation and
reclamation plan if, and only if, the plan complies with this
Act and completion of the plan will in fact achieve every
duty of the operator required by this Act. The Department's
approval of a plan shall be based upon the advice of
technically trained foresters, agronomists, economists,
engineers, planners and other relevant experts having
experience in reclaiming surface-mined lands, and having
scientific or technical knowledge based upon research into
reclaiming and utilizing surface-mined lands. The Department
shall consider all testimony presented at the public hearings
as provided in subsection (f) of this Section. In cases
where no public hearing is held on a proposed plan, the
Department shall consider written testimony from county
boards when submitted no later than 45 days following filing
of the proposed plan with the county board. The Department
shall immediately serve copies of such written testimony on
the applicant and give the applicant a reasonable opportunity
to respond by written testimony. The Department shall
consider the short and long term impact of the proposed
mining on vegetation, wildlife, fish, land use, land values,
local tax base, the economy of the region and the State,
employment opportunities, air pollution, water pollution,
soil contamination, noise pollution and drainage. The
Department may shall consider feasible alternative uses for
which reclamation might prepare the land to be affected and
may shall analyze the relative costs and effects of such
alternatives. Whenever the Department does not approve the
operator's plan, and whenever the plan approved by the
Department does not conform to the views of the county board
expressed in accordance with subsection (f) of this Section,
the Department shall issue a statement of its reasons for its
determination and shall make such statement public. The
approved plan shall be filed by the applicant with the clerk
of each county containing lands to be affected and such plan
shall be available for public inspection at the office of the
clerk until reclamation is completed and the bond is released
in accordance with the provisions of the Act.
(h) Upon receipt of a bond or security, all fees due
from the operator, and approval of the conservation and
reclamation plan by the Department, the Department shall
issue a permit to the applicant which shall entitle him to
engage thereafter in surface mining on the land therein
described until the tenth third succeeding June 30, the
period for which such permits are issued being hereafter
referred to as the "permit period".
(i) The operator may transfer any existing permit to a
second operator, after first notifying the Department of the
intent to transfer said permit. The Department shall transfer
any existing permit to a second party upon written
notification from both parties and the posting of an adequate
performance bond by the new permittee.
(Source: P.A. 91-357, eff. 7-29-99.)
(225 ILCS 715/6) (from Ch. 96 1/2, par. 4507)
Sec. 6. Duties of operator. Every operator to whom a
permit is issued pursuant to the provisions of this Act may
engage in surface mining upon the lands described in the
permit upon the performance of and subject to the following
requirements with respect to such lands:
(a) All land affected by surface mining except as
otherwise provided in this Act shall be graded to a rolling
topography traversable by machines necessary for maintenance
in accordance with the planned use, with slopes having no
more than 15% (or 8 degrees and 32 minutes) grade, except
that in the following cases the grade shall not exceed 30%:
(i) case of those lands to be reclaimed to in accordance with
filed plan for forest plantation, recreational or wildlife
land uses, (ii) the outside slope of the box cut spoil, and
(iii) the outside slopes of all overburden deposition areas.
the grade shall not exceed 30% (or 16 degrees and 42
minutes); The final cut spoil and the side slopes of haulage
road inclines can remain at a slope equal to the angle of
repose of the material, provided the material can support
vegetative cover. However, in no case shall the Department
require grading to a lesser slope in order to retain or
provide as much row crop or 15% slope land as possible; but,
such slopes need not be reduced to less than the original
grade of the overburden existing of that area prior to
mining. ;
(b) All runoff water shall be impounded, drained or
treated so as to reduce soil erosion, damage to unmined
lands, and pollution of streams and other waters. The
operator shall construct earth dams, where lakes may be
formed, in accordance with sound engineering practices if
necessary to impound water, provided the formation of the
lakes or ponds will not interfere with underground or other
mining operations, other subsequent uses of the area approved
by the Department, or damage adjoining property. Such water
impoundments must be approved by the Department based on the
expected ability of the lakes or ponds to support desirable
uses such as water for livestock or wild life; and if to be
used for fish life, shall have minimum depths in accordance
with standards for fish stocking in the various areas of the
State recommended by the Department. ;
(c) Acid forming materials present in the exposed face
of the mined mineral seam or seams in the final cut shall be
covered at all times with not less than 4 feet of water, or
other materials which shall be placed with slopes having no
more than 30% grade, capable of supporting plant and animal
life. Final cuts or other depressed affected areas, no
longer in use in mining operations, which accumulate toxic
waters will not meet reclamation requirements.;
(d) Slurry must be confined in depressed or mined areas
bounded by levees or dams constructed from material capable
of supporting acceptable vegetation and built in accordance
with sound engineering practices. Such areas shall be
screened with border plantings of tree species which by their
seeding habits will encourage propagation of vegetation on
these areas, and levees or dams built to confine slurry shall
be established to adapted species of grasses. Gob not
capable of supporting vegetation shall be covered to a
minimum depth of 4 feet with soil or other material in
accordance with sound soil conservation practices as
prescribed by the Director. Such material must be capable of
being vegetated and an acceptable cover shall be established.
The above stipulated reclamation measures shall apply to all
new refuse disposal areas or horizontal extensions of
existing refuse disposal areas after the effective date of
this Act.;
(e) All abandoned haulage roads and all mine drainage
ditches must be removed and graded, except where the Director
determines that a road or ditch is consistent with and
necessary to the conservation and reclamation plan.;
(f) Unless the approved reclamation plan is inconsistent
with vegetative cover, the soil shall be prepared and planted
with trees, shrubs, grasses and legumes to provide suitable
vegetative cover, in accordance with standards adopted by the
Department.;
(g) All requirements of the Environmental Protection
Act, and of rules and regulations thereunder, as enforced by
the Environmental Protection Agency, shall be complied with
fully at all times during mining, reclamation, and after
reclamation.;
(h) Surface mining operations that remove and do not
replace the lateral support shall not, unless mutually agreed
upon by the operator and the adjacent property owner,
approach property lines, established right-of-way lines of
any public roads, streets or highways closer than a distance
equal to 10 feet plus one and one-half times the depth of the
excavation except where consolidated material or materials of
sufficient hardness or ability to resist weathering and to
inhibit erosion or sloughing exists in the highwall, the
distance from the property line or any established
right-of-way line shall not, unless mutually agreed, be
closer than a distance equal to 10 feet plus one and one-half
times the depth from the natural ground surface to the top of
the consolidated material or materials.;
(i) The operator shall annually submit to the Department
and to the affected county no later than September 1,
following the end of each fiscal year on June 30, a map in a
form approved by the Department showing the location of the
pit or pits by section, township, range and county, with such
other description as will identify the land which the
operator has affected by surface mining during such fiscal
year and has completed mining operations thereon, with a
legend upon such map showing the number of acres of affected
land.;
(j) When the Director determines that the land to be
affected is (1) capable of being reclaimed for row-crop
agricultural purposes and suitable for row-crop agricultural
purposes based on United States Soil Conservation Service
soil survey classifications of the affected land prior to
mining, and (2) when the Director determines that the optimum
future use of the land affected is for row-crop agricultural
purposes, the affected land shall be graded to the
approximate original grade of the land provided that the
final cut and submerged roadways may remain if the Department
determines that such final cut or roadways could form a water
impoundment capable of supporting desirable uses such as
water for livestock or wild life; and if to be used for fish
life, shall have minimum depths in accordance with standards
for fish stocking as recommended by the Department, and
provided further that the box cut spoil shall be graded in
accordance with subparagraph (a) of Section 6.;
The reclamation requirements in this Section do not apply
to affected land used for a sanitary land fill if such
sanitary land fill is approved by the Environmental
Protection Agency. The Environmental Protection Agency may
regulate the amount of land to be used for the purpose and
may establish a time schedule for the orderly and timely
completion of such sanitary land fill. Any affected land
designated for sanitary land fill and not used for such
purpose within 5 years is subject to the reclamation
provisions of this Section;
On all affected lands to be graded to the approximate
original grade under this subsection (j), all or part of the
darkened surface soil, as defined in this Act, shall be
segregated during the stripping process and replaced as a
final cover as a last step in the required grading. When
available in such depth, at least 18 inches of the darkened
surface soil shall be segregated and replaced. When less than
18 inches of darkened surface soil exists all such lesser
amounts shall be segregated and replaced. In no case under
this subsection (j) shall less than the top 8 inches of
surface soil, darkened or not, be segregated and replaced.
This segregation and replacement requirement may be altered
by the Department only if it is determined upon the advice of
competent soil scientists that other material available in
the cast overburden would be suitable in meeting the
reclamation requirements. Below the darkened surface soil the
replaced material shall be suitable as an agricultural root
medium. The Department shall determine by rules and
regulations what constitutes a suitable agricultural root
medium by composition and depth. On all lands to be
reclaimed under this subsection (j), the operator shall not
be required to create a soil condition better than that which
existed prior to surface mining.
(k) All grading provided for hereunder shall proceed in
conjunction with surface mining and shall be carried to
completion by the operator prior to the expiration of 11
months after June 30 of the fiscal year in which the mining
occurred. All other reclamation provided for hereunder,
except gob and slurry areas in active use, shall be carried
to completion by the operator prior to the expiration of 3
years after active use, as determined by the Department June
30 of the fiscal year in which the mining occurred, except
that no other reclamation of any kind shall be required to be
made within depressed haulage roads or final cuts or any
other area where pools or lakes, capable of supporting
aquatic life, may be formed by rainfall or drainage runoff
from adjoining land or where the Director determines that a
road, dry pit bottom or ditch is consistent with and
necessary to the conservation and reclamation plan. All
mined areas which in the reclamation plan call for
vegetation, other than land to be reclaimed under subsection
(j) of this Section, shall be covered with whatever top
soils or and other materials from the cast overburden that
will support acceptable plant growth in accordance with
standards adopted by the Department. The Department shall
have authority to require that darkened surface soil be
segregated from other overburden in the stripping process so
as to accomplish the requirements of this subparagraph. When
extension of the reclamation period is necessary to allow
continued mining operation and to accomplish acceptable
reclamation, such extension shall be made at the discretion
of the Department, however, the Department shall not deny a
reasonable extension under any of the subsections of this
Section 6 when the operator shows that acts of God, strikes,
inability to receive ordered equipment or extended periods of
unseasonable and not to be expected weather have made
completion within time limits impossible; or, the Department
shall declare forfeiture of the surety bond or security on
such land not satisfactorily reclaimed or the Director shall
provide that the operator cover such areas with material
capable of being vegetated in accordance with vegetative
standards adopted by the Department within 1 year. Gob and
disposal areas shall be reclaimed as provided in Section 6
(d) within one year after cessation of active use. If further
extension of the reclamation period is necessary to
accomplish acceptable reclamation such extension shall be
made at the discretion of the Department or the Department
shall declare forfeiture of the surety bond or security on
such land not satisfactorily reclaimed.;
(l) The reclamation requirements in this Section do not
apply to affected land used for a landfill if the landfill is
approved by the Environmental Protection Agency. The
Environmental Protection Agency may regulate the amount of
land to be used for that purpose and may establish a time
schedule for the orderly and timely completion of the
landfill. Any affected land designated for landfill and not
used for that purpose within 5 years after such a designation
is subject to the reclamation provisions of this Section. If
the operator is unable to acquire sufficient planting stock
of desired tree species from State nurseries, or acquire such
tree species elsewhere at comparable prices, the Department
shall grant the operator an extension of time until planting
stock is available to plant such land as originally planned,
or shall permit the operator to select an alternate method of
reclamation in keeping with the provisions of this Act.
(m) The conservation and reclamation plan shall be
completely performed on time.
(n) High walls shall be reshaped to a slope of
two-to-one or 50% to the anticipated water level or dry pit
bottom unless otherwise excepted by the Director. The
Director shall submit proposed exceptions to the Advisory
Council for its comments before granting any exceptions under
this Act.
(o) The provisions of subsections (j) and (n) of this
Section do not apply to the aggregate mining industry.
(Source: P.A. 80-295.)
(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
$5,000 per acre as determined by the Director for lands to be
affected by surface mining, including slurry and gob disposal
areas. 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. At the discretion
of the Department, surety bond requirements may also be
fulfilled by using existing reclaimed acres, in excess of
cumulative permit or mined acres, that have been completed
under the jurisdiction of this Act and approved by the
Department. 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. 86-364.)
(225 ILCS 715/12) (from Ch. 96 1/2, par. 4513)
Sec. 12. Rules and regulations.
(a) The Department may adopt and promulgate reasonable
rules and regulations respecting the administration of this
Act, and in conformity therewith.
(b) Rules adopted by the Department shall not apply
retroactively. Any operator shall have the right to proceed
with operations under this Act until such rules are adopted
and no such rules shall be made applicable to any operations
prior to the effective date thereof.
(c) In addition to the provisions of this Section, and
to the extent consistent with this Section, the provisions of
the Illinois Administrative Procedure Act apply to the
adoption of rules under this Act.
(d) Any act authorized to be done by the Director may be
performed by the Assistant Director or any employee of the
Department when designated by the Director.
Prior to the adoption, amendment, or repeal of any rule,
the Director shall:
A. give at least 30 days notice of his intended action.
The notice shall include a statement of either the terms or
substance of the intended action or a description of the
subjects and issues involved, and the time when, and the
place where interested persons may present their views
thereon. The notice shall be mailed to all persons who have
made timely request of the Director for advance notice of his
rule-making proceedings and shall be published in the
official State newspaper;
B. afford all interested persons reasonable opportunity
to submit data, views, or arguments, orally or in writing,
provided that the right to cross examine any witnesses is
given to any interested parties, if such right is requested.
The Director shall consider fully all written and oral
submissions respecting the proposed rule. No rule may be
adopted unless substantial evidence in support of such rule
is presented at such hearing. Upon adoption of a rule the
Director, if requested to do so by an interested person
either prior to adoption or within 30 days thereafter, shall
issue a concise statement of the principal reasons for or
against its adoption, incorporating therein his reasons for
overruling the considerations urged against its adoption.
No rule is valid unless adopted in substantial compliance
with this Section.
The Director shall file in the office of the Secretary of
State a certified copy of each rule adopted by him. The
Secretary of State shall keep a permanent register of the
rules open to public inspection.
Each rule hereafter adopted is effective 30 days after
filing, except that, if a later date is specified in the
rule, the later date is the effective date. Any rule adopted
hereunder shall not be retroactive. Any operator shall have
the right to proceed with operations under this Act until
such rules are adopted and no such rules shall be made
applicable to any operations prior to the effective date
thereof.
(Source: P.A. 78-1295.)
(225 ILCS 715/4.1 rep.)
(225 ILCS 715/15 rep.)
Section 10. The Surface-Mined Land Conservation and
Reclamation Act is amended by repealing Sections 4.1 and 15.
Section 99. Effective date. This Act takes effect upon
becoming law.
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