SB0357 Engrossed LRB095 10696 RAS 30928 b

1     AN ACT concerning regulation.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 1. Short title. This Act may be cited as the
5 Illinois Underground Aggregate Blasting Act.
 
6     Section 5. Statement of Policy. It is declared to be the
7 policy of this State to provide for the protection of lands
8 affected by underground aggregate mining operations by
9 regulating underground blasting to limit property damage to
10 surface landowners and to protect the general welfare.
 
11     Section 10. Definitions. In this Act:
12     "Aggregate mining industry" means producers, by
13 underground mining method, of all minerals other than coal,
14 including without limitation sand, gravel, silica sand, shale,
15 clay, limestone, and any other mineral which may be so mined
16 for the production of a commodity.
17     "Blasting operations" means the process of shot design,
18 layout, drilling, loading, detonation, and record keeping.
19     "Department" means the Department of Natural Resources.
20     "Operator" means any person, firm, partnership or
21 corporation engaged in and controlling an underground mining
22 operation. "Operator" includes political subdivisions and

 

 

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1 instrumentalities of this State.
2     "Underground mining" means extraction of all minerals,
3 other than coal, including without limitation sand, gravel,
4 silica sand, shale, clay, limestone, and any other mineral
5 which may be so mined from beneath the surface for the
6 production of a commodity.
 
7     Section 15. Blasting operations; regulation.
8     (a) Blasting operations at underground mining sites
9 operated by the aggregate mining industry shall be conducted
10 only in accordance with State and federal law and rules adopted
11 by the Department, with the advice of the aggregate mining
12 industry.
13     (b) Rules adopted pursuant to this Section shall be
14 consistent with the Department's rules governing other
15 blasting operations within the State to the extent applicable
16 to underground aggregate blasting and shall include provisions
17 requiring each of the following:
18         (1) The maintenance of blasting records for a period of
19     at least 3 years and that the records be made available for
20     Department inspection and copying; however, these on-site
21     blasting records, as they relate to detonation, are deemed
22     to be proprietary information.
23         (2) The control of blasting operations so as to prevent
24     injury to persons and damage to public and private property
25     outside the blasting site.

 

 

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1         (3) That all blasting operations be conducted or
2     supervised by trained and competent persons licensed by the
3     Department.
4         (4) That blasting operations be subject to ground
5     vibration monitoring, as necessary to limit property
6     damage and protect public safety.
7         (5) The issuance of notices of violation in the event
8     of a violation of the Department's blasting rules.
9         (6) The issuance of orders requiring the cessation of
10     blasting operations in the event of a violation of the
11     Department's blasting rules that may cause injury to
12     persons or damage to public and private property outside
13     the blasting site.
14         (7) The assessment of civil penalties and the
15     initiation of formal administrative hearings to resolve
16     violations of the Department's blasting rules.
17     (c) The Department shall adopt rules requiring the
18 training, examination, and licensing of persons engaging in or
19 responsible for the blasting operation or use of explosives in
20 underground aggregate mining operations. The rules shall
21 include an administrative enforcement process designed to
22 correct infractions of the terms of blasting licenses issued by
23 the Department. These rules may also include a fee schedule
24 designed to defray the costs associated with the Department's
25 examination and licensing of persons engaging in or responsible
26 for the blasting operation or use of explosives in aggregate

 

 

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1 mining operations. These rules shall be consistent with the
2 Department's existing rules governing other blasting
3 operations within the State.
4     (d) The initial rules adopted under this Section shall
5 become effective one year after the rules are adopted by the
6 Department.
 
7     Section 20. Entry upon land for inspection. A designated
8 representative of the Department may enter upon the lands of
9 the operator at all reasonable times for the purpose of
10 inspection in order to determine whether the provisions of this
11 Act have been complied with.
 
12     Section 25. New mine; notice. Any operator desiring to
13 open a new underground mining operation shall notify the
14 Department of his or her intention before any work is commenced
15 and furnish the Department with a legal description of the
16 proposed location of the mine and the post office address.
 
17     Section 30. Administration.
18     (a) In addition to the duties and powers of the Department
19 prescribed by the Civil Administrative Code of Illinois,
20 subject to appropriation, the Department shall have full power
21 and authority to carry out and administer the provisions of
22 this Act. These powers shall include without limitation the
23 imposition of the following fees to enable the Department to

 

 

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1 carry out the requirements of this Act:
2         (1) A registration fee of $300 assessed on July 1 of
3     each calendar year that is due from each operator engaged
4     in and controlling an underground mining operation. The
5     registration fee shall be accompanied by a registration
6     form, provided by the Department, which shall indicate the
7     mailing address and telephone number of the operator, the
8     location of all mining operations controlled by the
9     operator, the minerals being mined, and other information
10     deemed necessary by the Department. A $300 registration fee
11     is the maximum registration fee due from a single operator
12     each calendar year regardless of the number of sites under
13     the operator's control.
14         (2) An additional fee of $100 assessed on July 1 of
15     each calendar year for each site that was actively engaged
16     in underground mining during the preceding 12 months that
17     is due from the operator engaged in and controlling the
18     underground mining operation.
19         (3) An additional fee of $250 assessed on July 1 of
20     each calendar year that is due from each operator engaged
21     in and controlling an underground mining operation where
22     blasting operations occurred during the preceding 12
23     months.
24     (b) Fees shall be assessed by the Department commencing
25 July 1, 2008 for every underground mine operator, active
26 underground mining site, and active underground aggregate

 

 

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1 blasting operation of record as of that date and on July 1 of
2 each year thereafter. The fees under this Section are in
3 addition to any other fees required by law and shall be
4 deposited into the Aggregate Operations Regulatory Fund.
5     (c) All fees assessed under this Section shall be submitted
6 to the Department no later than 30 days after the date listed
7 on the Department's annual fee assessment letter sent to the
8 underground mine operator. If the operator is delinquent in the
9 payment of the fees assessed under this Section, no further
10 documentation of compliance may be issued to the operator until
11 the delinquent fees have been paid. Moreover, if the operator
12 is delinquent for more than 60 days in the payment of fees
13 assessed under this Section, the Department shall take action
14 to enjoin further underground mining and aggregate blasting
15 operations until all delinquent fees are paid. No liability
16 whatsoever shall accrue to the Department in closing down any
17 operator pursuant to this Section.
 
18     Section 35. Illinois Administrative Procedure Act. The
19 Illinois Administrative Procedure Act is hereby expressly
20 adopted and shall apply to all administrative rules and
21 procedures of the Department under this Act.
 
22     Section 40. Severability clause. If any Section,
23 subdivision, clause, sentence, or paragraph in this Act shall
24 be held to be unconstitutional, the unconstitutionality

 

 

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1 thereof shall not affect the remaining parts of this Act.
 
2     Section 45. Home rule. The regulation of blasting
3 operations at underground aggregate mining operations is an
4 exclusive power and function of the State. A home rule unit may
5 not regulate blasting operations at underground aggregate
6 mining operations. This Section is a denial and limitation of
7 home rule powers and functions under subsection (h) of Section
8 6 of Article VII of the Illinois Constitution.
 
9     Section 50. Local ordinances, resolutions, and agreements.
10 Notwithstanding the provisions of Section 45 of this Act, the
11 provisions of any ordinance or resolution adopted by a unit of
12 local government or any agreement entered into between the
13 operator of an underground aggregate mine and a unit of local
14 government before the effective date of this Act that concern
15 the times during which blasting operations are permitted within
16 the unit of local government shall remain in full force and
17 effect until such time as the ordinance or resolution is
18 repealed or the agreement is mutually rescinded by the parties.