Full Text of HB0822 94th General Assembly
HB0822sam001 94TH GENERAL ASSEMBLY
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Sen. Gary Forby
Filed: 1/7/2007
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09400HB0822sam001 |
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LRB094 07335 RAS 60939 a |
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| AMENDMENT TO HOUSE BILL 822
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| AMENDMENT NO. ______. Amend House Bill 822 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Coal Mining Act is amended by changing | 5 |
| Sections 11.08 and 11.09 as follows: | 6 |
| (225 ILCS 705/11.08)
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| Sec. 11.08. Self-contained self-rescuer (SCSR) devices; | 8 |
| caches; strobe lights; luminescent signs.
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| (a) An operator must require each person underground to | 10 |
| carry a SCSR device on his or her person or, alternatively, a | 11 |
| SCSR device must be kept within 25 feet of the person | 12 |
| underground or may be kept more than 25 feet from the person | 13 |
| underground if done according to a plan approved by the Mining | 14 |
| Board. | 15 |
| (b) An operator must provide for each person who is | 16 |
| underground at least one SCSR device, in addition to the device | 17 |
| required under subsection (a), that provides protection for a | 18 |
| period of one hour or longer, to cover all persons in the mine. | 19 |
| This additional SCSR device must be kept within 25 feet of the | 20 |
| person underground or may be kept more than 25 feet from the | 21 |
| person underground if done according to a plan approved by the | 22 |
| Mining Board. | 23 |
| (c) If a mantrip or mobile equipment is used to enter or | 24 |
| exit the mine, additional SCSR devices, each of which must |
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| provide protection for a period of one hour or longer, must be | 2 |
| available for all persons who use such transportation from | 3 |
| portal to portal. | 4 |
| (c-5) Beginning July 31, 2007, in addition to the SCSR | 5 |
| devices required under subsections (a), (b), and (c) of this | 6 |
| Section, an operator must provide a minimum of 30 SCSR devices | 7 |
| in each cache located within a mine. All SCSR devices required | 8 |
| under this subsection (c-5) shall be stored in caches that are | 9 |
| conspicuous and readily accessible by each person in the mine. | 10 |
| If the average seam height of a mine is: | 11 |
| (1) less than 40 inches, caches must be located no more | 12 |
| than 2,200 feet apart throughout a mine; | 13 |
| (2) 40 inches or more, but less than 51 inches, caches | 14 |
| must be located no more than 3,300 feet apart throughout a | 15 |
| mine; | 16 |
| (3) 51 inches or more, but less than 66 inches, caches | 17 |
| must be located no more than 4,400 feet apart throughout a | 18 |
| mine; and | 19 |
| (4) 66 inches or more, caches must be located no more | 20 |
| than 5,700 feet apart throughout a mine. | 21 |
| An operator must submit for approval a plan addressing the | 22 |
| requirements of this subsection (c-5) to the Mining Board on or | 23 |
| before May 1, 2007.
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| (d) The Mining Board must require all operators to provide | 25 |
| additional SCSR devices in the primary and alternate escapeways | 26 |
| to ensure safe evacuation if the Mining Board determines that
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| If the SCSR devices required under subsections (a), (b), and
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| (c) , and (c-5) are not adequate to provide enough oxygen for | 29 |
| all persons to safely evacuate the mine under mine emergency | 30 |
| conditions , the mine operator must provide additional SCSR | 31 |
| devices in the primary and alternate escapeways to ensure safe | 32 |
| evacuation for all persons underground through both primary and | 33 |
| alternate escapeways. The Mining Board must determine the time | 34 |
| needed for safe evacuation under emergency conditions from each |
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| of those locations at 1,000 foot intervals. If the Mining Board | 2 |
| determines that additional SCSR devices are needed under this | 3 |
| subsection (d), the
The mine operator must submit a SCSR | 4 |
| storage plan to the Mining Board for approval. The mine | 5 |
| operator must include in the SCSR storage plan the location, | 6 |
| quantity, and type of additional SCSR devices, including, but | 7 |
| not limited to, SCSR devices required under subsections (a), | 8 |
| (b), (c), and (c-5) of this Section, each of which must provide | 9 |
| protection for a period of one hour or longer, that are stored | 10 |
| in the primary and alternate escapeways. The SCSR storage plan | 11 |
| must also show how each storage location in the primary and | 12 |
| alternate escapeways was determined. The Mining Board must | 13 |
| require the mine operator to demonstrate that the location, | 14 |
| quantity, and type of the additional SCSRs provide protection | 15 |
| to all persons to safely evacuate the mine. The SCSR storage | 16 |
| plan must be kept current by the mine operator and made | 17 |
| available for inspection by an authorized representative of the | 18 |
| Mining Board and by the miners' representative.
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| (e) (Blank)
All SCSR devices required under this Section | 20 |
| shall be stored in caches that are conspicuous and readily | 21 |
| accessible by each person in the mine .
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| (f) An operator must provide
require luminescent direction | 23 |
| signs leading to each cache and rescue chamber to be posted in | 24 |
| a mine, and a luminescent sign with the word
words
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| " SELF-CONTAINED SELF-RESCUER" or " SELF-CONTAINED
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| SELF-RESCUERS" must be conspicuously posted at each cache and | 27 |
| rescue chamber. | 28 |
| (g) Intrinsically safe, battery-powered strobe lights that | 29 |
| have been approved by the Department must be affixed to each | 30 |
| cache and rescue chamber and must be capable of automatic | 31 |
| activation in the event of an emergency ; however, until such | 32 |
| time as the Department approves intrinsically safe, | 33 |
| battery-powered strobe lights, reflective tape or any other | 34 |
| illuminated material approved by the Department must be affixed |
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| to each cache and rescue chamber in a mine .
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| (h) The Mining Board must adopt and impose a plan for the | 3 |
| daily inspection of SCSR devices required under subsections | 4 |
| (a), (b), and (c) of this Section in order to ensure that the | 5 |
| devices perform their designated functions each working day. | 6 |
| Additional SCSR devices required under subsections (c-5) and
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| subsection (d) must be inspected every 90 days to ensure that | 8 |
| the devices perform their designated functions, in addition to | 9 |
| meeting all federal Mine Safety and Health Administration | 10 |
| requirements. | 11 |
| (i) Any person who, without the authorization of the | 12 |
| operator or the Mining Board, knowingly removes or attempts to | 13 |
| remove any self-contained self-rescue device ,
or
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| battery-powered strobe light , reflective tape, or other any | 15 |
| other illuminated material approved by the Department from a | 16 |
| mine or mine site with the intent to permanently deprive the | 17 |
| operator of the device ,
or light , reflective tape, or | 18 |
| illuminated material or who knowingly tampers with or attempts | 19 |
| to tamper with the device ,
or light , reflective tape, or | 20 |
| illuminated material is guilty of a Class 4 felony. | 21 |
| (j) (Blank)
Beginning January 31, 2007, in addition to the | 22 |
| SCSR devices required under subsections (a), (b), and (c), an | 23 |
| operator must provide a minimum of 30 SCSR devices in each | 24 |
| cache located within a mine, in addition to federal Mine Safety | 25 |
| and Health Administration requirements. Caches must be located | 26 |
| no more than 4,000 feet apart throughout a mine .
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| (k) (Blank)
An operator must submit for approval a plan | 28 |
| addressing the requirements of subsection (j) of this Section | 29 |
| to the Mining Board within 3 months after the effective date of | 30 |
| this amendatory Act of the 94th General Assembly .
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| (Source: P.A. 94-1041, eff. 7-24-06.) | 32 |
| (225 ILCS 705/11.09)
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| Sec. 11.09. Rescue chambers.
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| (a) Rescue chambers approved by the Mining Board must be | 2 |
| provided at suitable locations throughout a mine. (b) Beginning | 3 |
| January 31, 2007, rescue chambers approved by the Mining Board
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| must be provided and located within 3,000 feet of each working | 5 |
| section of a mine , in accordance with a plan submitted by an | 6 |
| operator and approved by the Mining Board .
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| (b)
(c) An operator must submit a plan for approval | 8 |
| concerning the construction and maintenance of rescue chambers | 9 |
| required under this Section to the Mining Board on or before | 10 |
| May 1, 2007
within 3 months after the effective date of this | 11 |
| amendatory Act of the 94th General Assembly .
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| (Source: P.A. 94-1041, eff. 7-24-06.)
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| Section 99. Effective date. This Act takes effect upon | 14 |
| becoming law.".
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