SB2813 EnrolledLRB099 19991 EGJ 44390 b

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 Coal Mining Act is amended by changing
5Sections 5.06, 5.09, 5.10, 5.11, 6.01, 6.04, 6.05, 6.10, 6.11,
66.12, 6.15, 6.16, 16.11, 25.01, 25.02, 25.04, 25.05, 29.01,
731.03, 31.04, 31.05, 31.06, 31.10, and 31.30 and by adding
8Section 1.25 as follows:
 
9    (225 ILCS 705/1.25 new)
10    Sec. 1.25. Recorder. "Recorder" means a person with a mine
11manager certification or mine examiner certification who is
12trained and designated by the operator as the individual
13responsible for recording the mine examiner's examination of
14the underground workings of the mine.
 
15    (225 ILCS 705/5.06)  (from Ch. 96 1/2, par. 506)
16    Sec. 5.06. The mine manager shall be responsible for the
17performance of all the functions and duties prescribed in
18Sections 5.07 to 5.25, both inclusive. The mine manager may not
19perform the duties of a mine examiner while serving in the
20capacity of a mine manager.
21(Source: Laws 1953, p. 701.)
 

 

 

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1    (225 ILCS 705/5.09)  (from Ch. 96 1/2, par. 509)
2    Sec. 5.09. (A) In all gassy mines:
3    1. When the mine is to be operated, he shall have the
4prescribed working places of such mine examined by a certified
5mine examiner within 3 4 hours before the workers of any shift,
6other than the examiner or the examiners designated by the mine
7manager to make the examination, enter the underground areas of
8such mine. Have the mine examiner inspect every active working
9place in the mine and make tests therein with a multi-gas
10detector permissible flame safety lamp for accumulation of
11methane and oxygen deficiency in the air therein; examine
12intake seals used to ventilate a working section and doors to
13determine whether they are functioning properly; inspect and
14test the roof, face and rib conditions in the working areas and
15on active roadways and travelways; inspect active roadways,
16travelways, approaches to abandoned workings and accessible
17falls in active sections for explosive gas and other hazards;
18and inspect to determine whether the air in each split is
19traveling in its proper course and in normal volume.
20    2. On "non-coal producing shifts" , if the mine has a
21minimum of 120 psi seals, he shall have the mine examined by a
22certified mine examiner in any area where any person is
23scheduled to work or travel underground. If the mine has less
24than 120 psi seals, he shall have the mine examined by a
25certified mine examiner in its entirety the same as for a coal
26producing shift, except where persons are to work only in the

 

 

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1shaft, slope, drift, or on the immediate shaft or slope bottom,
2then only that area immediately surrounding the bottom shall be
3examined. If the mine has a minimum of 120 psi seals and the
4mine has not been examined in its entirety for 7 consecutive
5days, he shall have a certified mine examiner conduct a full
6mine examination, including seals and escape ways, prior to
7anyone other than the mine examiner or mine examiners
8designated by the mine manager to make the examination enter
9the underground areas of such mine. If it is known that the air
10downwind of a minimum 120 psi seals when tested at a point not
11less than 12 inches from the roof, face, or rib contains more
12than 1.0% of methane as determined by permissible methane
13detector, air analysis, or other recognized means of accurately
14detecting such gas, he shall have the mine examined in its
15entirety the same as for a coal producing shift, except where
16persons are to work only in the shaft, slope, or drift or on
17the immediate shaft or slope bottom, then only that area
18immediately surrounding the bottom shall be examined.
19    3. He shall see that no person, other than competent
20personnel, enters any underground area in a gassy mine, except
21during a coal-producing shift, unless an examination of such
22area has been made by a mine examiner within 12 hours
23immediately preceding his entrance into such area.
24    4. If the mine has constructed a minimum of 120 psi seals,
25he shall have a certified mine examiner conduct weekly
26examinations at each seal along return and bleeder air courses

 

 

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1and at each seal along intake air courses where intake air
2passing by the seal is not used to ventilate a working section.
3If the mine has constructed less than 120 psi seals, he shall
4have a certified mine examiner conduct a daily examination of
5each seal along return and bleeder air courses. If it is known
6that the air downwind of a minimum 120 psi seals when tested at
7a point not less than 12 inches from the roof, face, or rib
8contains more than 1.0% of methane as determined by permissible
9methane detector, air analysis, or other recognized means of
10accurately detecting such gas, he shall have each seal along
11return and bleeder air courses and at each seal along intake
12air courses where intake air passing by the seal not used to
13ventilate a working section to be examined by a certified mine
14examiner before the workers of any shift, other than the
15examiner or the examiners designated by the mine manager to
16make the examination, enter the underground areas of such mine.
17    5. He shall have a certified mine examiner conduct weekly
18examinations of escape ways required by Sections 19.11 and
1919.13.
20    (B) In non-gassy mines:
21    1. Have the underground areas examined by a certified mine
22examiner at least once in each calendar day during which coal
23is produced. Such examination shall be made within 4 hours
24immediately preceding the beginning of the first
25coal-producing shift on such day.
26    2. On idle days, have all sections of the mine examined

 

 

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1where men are to be required to work.
2    3. On idle nights, when the mine has been examined for the
3day shift and the men are to work in sections previously
4examined and no coal is to be mined, no further examination
5shall be required.
6    (C) One examination on each day when workers perform
7production or idle day work shall include the escape ways
8required by Sections 19.11 and 19.13.
9(Source: P.A. 81-992.)
 
10    (225 ILCS 705/5.10)  (from Ch. 96 1/2, par. 510)
11    Sec. 5.10. To have the underground working places in the
12mine examined for hazards by competent personnel designated by
13the operator to do so, at least once during each coal-producing
14shift, or oftener if necessary for safety. Examinations In a
15gassy mine such examinations shall include tests with a
16multi-gas detector permissible flame safety lamp for methane
17and oxygen deficiency. In all underground face workings in a
18gassy mine where electrically driven equipment is operated,
19examinations for methane shall be made with a multi-gas
20detector permissible flame safety lamp by a person trained in
21the use of such multi-gas detector lamp before equipment is
22taken into or operated in face regions, and frequent
23examinations for methane shall be made during such operations.
24(Source: Laws 1953, p. 701.)
 

 

 

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1    (225 ILCS 705/5.11)  (from Ch. 96 1/2, par. 511)
2    Sec. 5.11. To see that a mine examiner makes the
3examinations provided in Articles 5, 6, and 31 of this Act, and
4that he enters his report either by calling the results of the
5examination to a recorder on the surface or by personally
6recording the report. The recorder or mine examiner shall
7record the report in a book or computer system that is thereof
8with indelible pencil or ink in a well-bound or properly
9protected loose leaf book provided by the operator for that
10purpose, and the book or computer system shall be secure and
11not susceptible to alteration.
12(Source: Laws 1953, p. 701.)
 
13    (225 ILCS 705/6.01)  (from Ch. 96 1/2, par. 601)
14    Sec. 6.01. Each applicant for a certificate of competency
15as mine examiner shall produce evidence satisfactory to the
16Mining Board that he is a citizen of the United States, at
17least 21 years of age and of good repute and temperate habits
18and that he has had at least 4 years practical underground
19mining experience, and has been issued a First Class
20Certificate of Competency by the Department of Natural
21Resources. He shall pass an examination as to his experience in
22mines generating dangerous gases, his practical and
23technological knowledge of the nature and properties of mine
24gases, the laws of ventilation, the structures and use of
25multi-gas detectors safety lamps, and the laws of this State

 

 

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1relating to safeguards against fires from any source in mines.
2He shall also submit to the Mining Board satisfactory evidence
3that he has completed a course of training in first aid to the
4injured and mine rescue methods and appliances prescribed by
5the Department. Persons who have graduated and hold a degree in
6engineering or an approved 4-year program in coal mining
7technology from an accredited school, college, or university,
8are required to have only 2 years of practical underground
9mining experience to qualify for the examination for a
10certificate of competency.
11    Persons who have graduated and hold a two-year Associate in
12Applied Science Degree in Coal Mining Technology from an
13accredited school, college or university are required to have
14only 3 years' practical underground mining experience to
15qualify for the examination for a Certificate of Competency as
16a Mine Examiner.
17(Source: P.A. 89-445, eff. 2-7-96.)
 
18    (225 ILCS 705/6.04)  (from Ch. 96 1/2, par. 604)
19    Sec. 6.04. (A) In all gassy mines:
20    1. When the mine is to be operated, he shall examine the
21prescribed working places of such mine within 3 4 hours before
22any workers in such shift, other than the examiner or the
23examiners designated by the mine manager Mine Manager to make
24the examination, enter the underground areas of the mine.
25Examine every active working place in the mine and make tests

 

 

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1therein with a multi-gas detector permissible flame safety lamp
2for accumulation of methane and oxygen deficiency in the air
3therein; examine intake seals used to ventilate a working
4section and doors to determine whether they are functioning
5properly; inspect and test the roof, face, and rib conditions
6in the working areas and on active roadways and travelways;
7inspect active roadways, travelways, approaches to abandoned
8workings, and accessible falls in active sections for explosive
9gas and other hazards; and inspect to determine whether the air
10in each split is traveling in its proper course and in normal
11volume.
12    2. On non-coal producing shifts, if the mine has a
13constructed minimum of 120 psi seals, he shall examine the mine
14in any area where any person is scheduled to work or travel
15underground. If the mine has less constructed than 120 psi
16seals, he shall examine the mine in its entirety the same as
17for a coal producing shift, except where men are to work only
18in the shaft, slope, or drift or on the immediate shaft bottom,
19then only that area immediately surrounding the bottom need be
20examined. If the mine has a minimum of 120 psi seals and the
21mine has not been examined in its entirety for 7 consecutive
22days, a full mine examine shall be conducted, including seals
23and escape ways, prior to anyone other than the examiner or the
24examiners designated by the mine manager to make the
25examination enter the underground areas of such mine. If it is
26known that the air downwind of a minimum 120 psi seals when

 

 

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1tested at a point not less than 12 inches from the roof, face,
2or rib contains more than 1.0% of methane as determined by
3permissible methane detector, air analysis, or other
4recognized means of accurately detecting such gas, he shall
5examine the mine in its entirety the same as for a coal
6producing shift, except where persons are to work only in the
7shaft, slope, or drift or on the immediate shaft or slope
8bottom, then only that area immediately surrounding the bottom
9shall be examined.
10    3. If the mine has constructed a minimum of 120 psi seals,
11he shall conduct weekly examinations at each seal along return
12and bleeder air courses and at each seal along intake air
13courses where intake air passing by the seal is not used to
14ventilate a working section. If such mine has constructed less
15than 120 psi seals, he shall conduct a daily examination of
16each seal along return and bleeder air courses. If it is known
17that the air downwind of a minimum 120 psi seals when tested at
18a point not less than 12 inches from the roof, face, or rib
19contains more than 1.0% of methane as determined by permissible
20methane detector, air analysis, or other recognized means of
21accurately detecting such gas, he shall examine each seal along
22return and bleeder air courses and at each seal along intake
23air courses where intake air passing by the seal not used to
24ventilate a working section before the workers of any shift may
25enter the underground areas of such mine.
26    4. Conduct weekly examinations of escape ways required by

 

 

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1Sections 19.11 and 19.13.
2    (B) In non-gassy mines:
3    1. He shall examine the underground areas in the mine at
4least once in each calendar day during which coal is produced.
5Such examination shall be made within 4 hours immediately
6preceding the beginning of the first coal-producing shift on
7such day.
8    2. On idle days he shall examine all sections of the mine
9where men are required to work.
10    3. On idle nights, if the mine has been examined for the
11day shift and the men are to work in sections previously
12examined and no coal is to be mined, no further examination
13shall be required.
14    (C) One examination on each day when workers perform
15production or idle day work shall include the escape ways
16required by Sections 19.11 and 19.13.
17(Source: P.A. 81-992.)
 
18    (225 ILCS 705/6.05)  (from Ch. 96 1/2, par. 605)
19    Sec. 6.05. When in the performance of his duties, he shall
20carry with him a multi-gas detector safety lamp in proper order
21and condition and a rod or bar for sounding the roof.
22(Source: Laws 1953, p. 701.)
 
23    (225 ILCS 705/6.10)  (from Ch. 96 1/2, par. 610)
24    Sec. 6.10. Upon completing his examination, he shall make a

 

 

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1daily record either by calling out the results of the
2examination to a recorder on the surface or by personally
3recording the report. The recorder or mine examiner shall
4record the report in a book or computer system that is provided
5by the operator for that purpose, and the book or computer
6system shall be secure and not susceptible to alteration. The
7examination report is of the same in a book kept for that
8purpose, for the information of the company, the State Mine
9Inspector, and all other persons interested; and this report
10shall be recorded before the miners are permitted to enter the
11mine. If the examination report is called out by the mine
12examiner to a recorder, the recorder must place his signature,
13certificate number, and date in the book or computer system
14record shall be made each morning before the miners are
15permitted to enter the mine. If the examination report is
16called out, the mine examiner shall verify the report by his
17signature, certificate number, and date by or at the end of his
18shift. If the mine examiner finds an omission or error in the
19report, the report shall be corrected and he must immediately
20notify the shift mine manager of the omission or error.
21(Source: Laws 1953, p. 701.)
 
22    (225 ILCS 705/6.11)  (from Ch. 96 1/2, par. 611)
23    Sec. 6.11. Should any dangerous conditions be found as
24described in Section 6.09, he shall immediately notify the
25shift mine manager record the same in the daily record book of

 

 

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1examinations, setting forth the nature of the conditions found
2and the location of same.
3(Source: Laws 1955, p. 2012.)
 
4    (225 ILCS 705/6.12)  (from Ch. 96 1/2, par. 612)
5    Sec. 6.12. It shall be unlawful for the operator of any
6mine to have in his service as mine examiner any person who
7does not hold a certificate of competency issued by the Mining
8Board except that anyone holding a mine manager's certificate
9may serve as a mine examiner. The ; but in any mine employing
10more than 25 men, the mine manager shall not act in the
11capacity of mine examiner while acting as mine manager.
12However, whenever any exigency arises by which it is impossible
13for any operator to secure the immediate services of a
14certificated examiner, he may employ any trustworthy and
15experienced man of the mine inspection district to act as
16temporary mine examiner for a period not exceeding 7 days, and
17with the approval of the State Mine Inspector of the district,
18for a further period not exceeding 23 days. The employment of
19persons who do not hold certificates as mine examiners shall in
20no case exceed the limit of time specified herein, and the
21State Mine Inspector shall not approve of the employment of
22such persons beyond the 23 day limit.
23(Source: Laws 1953, p. 701.)
 
24    (225 ILCS 705/6.15)  (from Ch. 96 1/2, par. 615)

 

 

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1    Sec. 6.15. A In mines classified as gassy, a sufficient
2number of men trained in the use of a multi-gas detector
3permissible flame safety lamp shall be employed by the
4operator, who shall examine the mine for obnoxious and
5inflammable gases while men are working therein.
6(Source: Laws 1953, p. 701.)
 
7    (225 ILCS 705/6.16)  (from Ch. 96 1/2, par. 616)
8    Sec. 6.16. When in the judgment of the State Mine
9Inspector, expressed in writing to the mine operator, certain
10sections of a mine generate dangerous quantities of explosive
11gases, the State Mine Inspector shall require those sections of
12the mine to be examined for gas in a prescribed manner and at
13shorter intervals of time than 3 4 hours preceding the time the
14day shift goes on duty for every day in which the mine is to be
15operated.
16(Source: Laws 1953, p. 701.)
 
17    (225 ILCS 705/16.11)  (from Ch. 96 1/2, par. 1611)
18    Sec. 16.11. Socketed ropes shall be cut off and resocketed
19pursuant to the manufacturer's recommendation, if found to be
20damaged or defective at least once each six months, or more
21often if necessary, and a notice shall be posted in the engine
22room giving the date when the rope was installed and when
23resocketed.
24(Source: Laws 1953, p. 701.)
 

 

 

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1    (225 ILCS 705/25.01)  (from Ch. 96 1/2, par. 2501)
2    Sec. 25.01. Multi-gas detectors Not less than two
3permissible flame safety lamps and a barometer, all in proper
4working condition, shall be kept available at each mine for the
5use of authorized persons. Only permissible multi-gas
6detectors flame safety lamps, permissible methane detectors,
7or air sampling and analysis shall be used for determining the
8presence of methane and other gases in mine air.
9(Source: Laws 1953, p. 701.)
 
10    (225 ILCS 705/25.02)  (from Ch. 96 1/2, par. 2502)
11    Sec. 25.02. Mine In gassy mines, mine officials whose
12regular duties require them to inspect working places shall
13have in their possession, when underground, a permissible
14multi-gas detector flame safety lamp in safe working condition,
15for the detection of methane and oxygen deficiency.
16(Source: P.A. 80-296.)
 
17    (225 ILCS 705/25.04)  (from Ch. 96 1/2, par. 2504)
18    Sec. 25.04. All multi-gas detectors safety lamps shall be
19the property of the operator and when not in use shall remain
20in the custody of the mine manager or other competent person
21designated by him, who shall be responsible for the maintenance
22and calibration of the detectors to ensure that they are in
23safe working condition clean, fill, trim, examine and deliver

 

 

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1same, locked and in safe condition to the men when they enter
2the mine, or at some underground station designated by the mine
3manager for that purpose. He shall also receive the lamps from
4the men when they leave the mine or as they pass the
5underground lamp station at the end of their shift.
6(Source: Laws 1953, p. 701.)
 
7    (225 ILCS 705/25.05)  (from Ch. 96 1/2, par. 2505)
8    Sec. 25.05. The person to whom multi-gas detectors lamps
9are given shall be responsible for the condition and proper use
10of the multi-gas detectors safety lamps while in their
11possession, and their return to the lamp station.
12(Source: Laws 1953, p. 701.)
 
13    (225 ILCS 705/29.01)  (from Ch. 96 1/2, par. 2901)
14    Sec. 29.01. In all mines adequate telephone service or
15equivalent 2-way communication facilities, including, but not
16limited to, 2-way text messages, shall be provided at the top
17and bottom of each main shaft or slope, and from the bottoms to
18the working sections of the mine. Text messaging communications
19systems used as communication facilities must be approved by
20the Department. If text messaging is used, pre-programmed text
21messages shall be capable of providing information to the
22surface necessary to determine the status of the miners and the
23conditions in the mine, as well as providing the necessary
24emergency response information to the miners.

 

 

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1(Source: Laws 1953, p. 701.)
 
2    (225 ILCS 705/31.03)  (from Ch. 96 1/2, par. 3103)
3    Sec. 31.03. In every mine the minimum quantity of air shall
4not be less than 150 cubic feet per minute for each person
5employed, measured at the foot of the downcast and of the
6upcast. However, in any mine wherein explosive gas is being
7generated in such quantities that it can be detected by a
8multi-gas detector an approved safety lamp, the minimum
9quantity of air shall not be less than 200 cubic feet per
10minute for each person employed therein. The State Mine
11Inspector shall have power by order in writing to require these
12quantities to be increased.
13(Source: P.A. 89-657, eff. 8-14-96.)
 
14    (225 ILCS 705/31.04)  (from Ch. 96 1/2, par. 3104)
15    Sec. 31.04. If the air at an underground working face in a
16mine, when tested at a point not less than 12 inches from the
17roof, face, or rib, contains more than 1.0% of methane as
18determined by permissible methane detector, a multi-gas
19detector permissible flame safety lamp, air analysis, or other
20recognized means of accurately detecting such gas, changes or
21adjustments shall be made at once in the ventilation in such a
22mine so that such air shall not contain more than 1.0% of
23methane.
24(Source: Laws 1953, p. 701.)
 

 

 

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1    (225 ILCS 705/31.05)  (from Ch. 96 1/2, par. 3105)
2    Sec. 31.05. If a split of air returning from active
3underground working places in a mine contains more than 1.0% of
4methane as determined by a permissible methane detector, a
5multi-gas detector permissible flame safety lamp, air
6analysis, or other recognized means of accurately detecting
7such gas, changes or adjustments shall be made at once in the
8ventilation in such mine so that such returning air shall not
9contain more than 1.0% of methane.
10(Source: Laws 1953, p. 701.)
 
11    (225 ILCS 705/31.06)  (from Ch. 96 1/2, par. 3106)
12    Sec. 31.06. If a split of air returning from active
13underground working places in a mine contains as much as 1.5%
14of methane as determined by a permissible methane detector, a
15multi-gas detector permissible flame safety lamp, air
16analysis, or other recognized means of accurately detecting
17such gas, the employees shall be withdrawn from the portion of
18the mine endangered thereby and all power shall be cut off from
19such portion of the mine until the quantity of methane in such
20split shall be less than 1.5%. However, in virgin territory in
21mines ventilated by exhaust fans, where methane is liberated in
22large amounts, if the quantity of air in a split ventilating
23the workings in such territory equals or exceeds twice the
24minimum volume of air prescribed in Section 31.02 and if only

 

 

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1permissible electric equipment is used in such workings and the
2air in the split returning from such workings does not pass
3over trolley or other bare power wires, and if a certified
4person designated by the mine operator is continually testing
5the gas content of the air in such split during mining
6operations in such workings, it shall be necessary to withdraw
7the employees and cut off all power from the portion of the
8mine endangered by such methane only when the quantity thereof
9in the air returning from such workings exceeds 2%, as
10determined by a permissible methane detector, a multi-gas
11detector permissible flame safety lamp, air analysis, or other
12recognized means of accurately detecting such gas.
13(Source: Laws 1953, p. 701.)
 
14    (225 ILCS 705/31.10)  (from Ch. 96 1/2, par. 3110)
15    Sec. 31.10. If the State Mine Inspector finds methane with
16a multi-gas detector permissible flame safety lamp,
17permissible methane detector, air analysis, or other
18recognized means, in the amount of 0.25% or more, in any open
19workings of such mine when tested at a point not less than 12
20inches from the roof, face or rib the mine shall be classified
21as gassy. Nothing in this Act shall preclude the
22reclassification of a mine that has been classified gassy if a
23subsequent examination, made by the State Mine Inspector in the
24method provided herein, shows the methane content to be less
25than 0.25%.

 

 

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1(Source: Laws 1953, p. 701.)
 
2    (225 ILCS 705/31.30)  (from Ch. 96 1/2, par. 3130)
3    Sec. 31.30. In gassy mines worked by the so-called
4"enclosed panel system" where rooms are driven off of both
5sides of the panel entries and ventilated by one side of the
6panel as the intake airway and the other side as the return,
7the following shall govern the method of working this type of
8panel: When the top end or inby end of the panel begins to
9squeeze, work or more as the result of extraction of coal and
10the area cannot be examined, men working in the said panel and
11rooms shall be removed until movement has abated and the
12presence of gas cannot be detected with a multi-gas detector
13permissible flame safety lamp. However, if in such panels fire,
14barrier or cutoff pillars are left in the center of the panel
15of adequate thickness and the entries have been sealed in line
16with the pillars with adequate roof support on the inby side of
17the seals isolating the worked out area from the live works,
18then mining operations may be resumed. This shall not apply to
19panels worked with rooms on the intake side only, or panels
20with bleeder entry system whereby the gas released in the
21squeezed area will not contaminate the ventilating air current
22used to ventilate active workings within the panel.
23(Source: Laws 1953, p. 701.)
 
24    (225 ILCS 705/25.03 rep.)

 

 

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1    (225 ILCS 705/25.06 rep.)
2    (225 ILCS 705/25.07 rep.)
3    Section 10. The Coal Mining Act is amended by repealing
4Sections 25.03, 25.06, and 25.07.