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Full Text of SB2813  99th General Assembly

SB2813ham001 99TH GENERAL ASSEMBLY

Rep. John Bradley

Filed: 5/19/2016

 

 


 

 


 
09900SB2813ham001LRB099 19991 SMS 48982 a

1
AMENDMENT TO SENATE BILL 2813

2    AMENDMENT NO. ______. Amend Senate Bill 2813 by replacing
3everything after the enacting clause with the following:
 
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)

 

 

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1    Sec. 5.06. The mine manager shall be responsible for the
2performance of all the functions and duties prescribed in
3Sections 5.07 to 5.25, both inclusive. The mine manager may not
4perform the duties of a mine examiner while serving in the
5capacity of a mine manager.
6(Source: Laws 1953, p. 701.)
 
7    (225 ILCS 705/5.09)  (from Ch. 96 1/2, par. 509)
8    Sec. 5.09. (A) In all gassy mines:
9    1. When the mine is to be operated, he shall have the
10prescribed working places of such mine examined by a certified
11mine examiner within 3 4 hours before the workers of any shift,
12other than the examiner or the examiners designated by the mine
13manager to make the examination, enter the underground areas of
14such mine. Have the mine examiner inspect every active working
15place in the mine and make tests therein with a multi-gas
16detector permissible flame safety lamp for accumulation of
17methane and oxygen deficiency in the air therein; examine
18intake seals used to ventilate a working section and doors to
19determine whether they are functioning properly; inspect and
20test the roof, face and rib conditions in the working areas and
21on active roadways and travelways; inspect active roadways,
22travelways, approaches to abandoned workings and accessible
23falls in active sections for explosive gas and other hazards;
24and inspect to determine whether the air in each split is
25traveling in its proper course and in normal volume.

 

 

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

 

 

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1personnel, enters any underground area in a gassy mine, except
2during a coal-producing shift, unless an examination of such
3area has been made by a mine examiner within 12 hours
4immediately preceding his entrance into such area.
5    4. If the mine has constructed a minimum of 120 psi seals,
6he shall have a certified mine examiner conduct weekly
7examinations at each seal along return and bleeder air courses
8and at each seal along intake air courses where intake air
9passing by the seal is not used to ventilate a working section.
10If the mine has constructed less than 120 psi seals, he shall
11have a certified mine examiner conduct a daily examination of
12each seal along return and bleeder air courses. If it is known
13that the air downwind of a minimum 120 psi seals when tested at
14a point not less than 12 inches from the roof, face, or rib
15contains more than 1.0% of methane as determined by permissible
16methane detector, air analysis, or other recognized means of
17accurately detecting such gas, he shall have each seal along
18return and bleeder air courses and at each seal along intake
19air courses where intake air passing by the seal not used to
20ventilate a working section to be examined by a certified mine
21examiner before the workers of any shift, other than the
22examiner or the examiners designated by the mine manager to
23make the examination, enter the underground areas of such mine.
24    5. He shall have a certified mine examiner conduct weekly
25examinations of escape ways required by Sections 19.11 and
2619.13.

 

 

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1    (B) In non-gassy mines:
2    1. Have the underground areas examined by a certified mine
3examiner at least once in each calendar day during which coal
4is produced. Such examination shall be made within 4 hours
5immediately preceding the beginning of the first
6coal-producing shift on such day.
7    2. On idle days, have all sections of the mine examined
8where men are to be required to work.
9    3. On idle nights, when the mine has been examined for the
10day shift and the men are to work in sections previously
11examined and no coal is to be mined, no further examination
12shall be required.
13    (C) One examination on each day when workers perform
14production or idle day work shall include the escape ways
15required by Sections 19.11 and 19.13.
16(Source: P.A. 81-992.)
 
17    (225 ILCS 705/5.10)  (from Ch. 96 1/2, par. 510)
18    Sec. 5.10. To have the underground working places in the
19mine examined for hazards by competent personnel designated by
20the operator to do so, at least once during each coal-producing
21shift, or oftener if necessary for safety. Examinations In a
22gassy mine such examinations shall include tests with a
23multi-gas detector permissible flame safety lamp for methane
24and oxygen deficiency. In all underground face workings in a
25gassy mine where electrically driven equipment is operated,

 

 

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1examinations for methane shall be made with a multi-gas
2detector permissible flame safety lamp by a person trained in
3the use of such multi-gas detector lamp before equipment is
4taken into or operated in face regions, and frequent
5examinations for methane shall be made during such operations.
6(Source: Laws 1953, p. 701.)
 
7    (225 ILCS 705/5.11)  (from Ch. 96 1/2, par. 511)
8    Sec. 5.11. To see that a mine examiner makes the
9examinations provided in Articles 5, 6, and 31 of this Act, and
10that he enters his report either by calling the results of the
11examination to a recorder on the surface or by personally
12recording the report. The recorder or mine examiner shall
13record the report in a book or computer system that is thereof
14with indelible pencil or ink in a well-bound or properly
15protected loose leaf book provided by the operator for that
16purpose, and the book or computer system shall be secure and
17not susceptible to alteration.
18(Source: Laws 1953, p. 701.)
 
19    (225 ILCS 705/6.01)  (from Ch. 96 1/2, par. 601)
20    Sec. 6.01. Each applicant for a certificate of competency
21as mine examiner shall produce evidence satisfactory to the
22Mining Board that he is a citizen of the United States, at
23least 21 years of age and of good repute and temperate habits
24and that he has had at least 4 years practical underground

 

 

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1mining experience, and has been issued a First Class
2Certificate of Competency by the Department of Natural
3Resources. He shall pass an examination as to his experience in
4mines generating dangerous gases, his practical and
5technological knowledge of the nature and properties of mine
6gases, the laws of ventilation, the structures and use of
7multi-gas detectors safety lamps, and the laws of this State
8relating to safeguards against fires from any source in mines.
9He shall also submit to the Mining Board satisfactory evidence
10that he has completed a course of training in first aid to the
11injured and mine rescue methods and appliances prescribed by
12the Department. Persons who have graduated and hold a degree in
13engineering or an approved 4-year program in coal mining
14technology from an accredited school, college, or university,
15are required to have only 2 years of practical underground
16mining experience to qualify for the examination for a
17certificate of competency.
18    Persons who have graduated and hold a two-year Associate in
19Applied Science Degree in Coal Mining Technology from an
20accredited school, college or university are required to have
21only 3 years' practical underground mining experience to
22qualify for the examination for a Certificate of Competency as
23a Mine Examiner.
24(Source: P.A. 89-445, eff. 2-7-96.)
 
25    (225 ILCS 705/6.04)  (from Ch. 96 1/2, par. 604)

 

 

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1    Sec. 6.04. (A) In all gassy mines:
2    1. When the mine is to be operated, he shall examine the
3prescribed working places of such mine within 3 4 hours before
4any workers in such shift, other than the examiner or the
5examiners designated by the mine manager Mine Manager to make
6the examination, enter the underground areas of the mine.
7Examine every active working place in the mine and make tests
8therein with a multi-gas detector permissible flame safety lamp
9for accumulation of methane and oxygen deficiency in the air
10therein; examine intake seals used to ventilate a working
11section and doors to determine whether they are functioning
12properly; inspect and test the roof, face, and rib conditions
13in the working areas and on active roadways and travelways;
14inspect active roadways, travelways, approaches to abandoned
15workings, and accessible falls in active sections for explosive
16gas and other hazards; and inspect to determine whether the air
17in each split is traveling in its proper course and in normal
18volume.
19    2. On non-coal producing shifts, if the mine has a
20constructed minimum of 120 psi seals, he shall examine the mine
21in any area where any person is scheduled to work or travel
22underground. If the mine has less constructed than 120 psi
23seals, he shall examine the mine in its entirety the same as
24for a coal producing shift, except where men are to work only
25in the shaft, slope, or drift or on the immediate shaft bottom,
26then only that area immediately surrounding the bottom need be

 

 

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

 

 

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1methane detector, air analysis, or other recognized means of
2accurately detecting such gas, he shall examine each seal along
3return and bleeder air courses and at each seal along intake
4air courses where intake air passing by the seal not used to
5ventilate a working section before the workers of any shift may
6enter the underground areas of such mine.
7    4. Conduct weekly examinations of escape ways required by
8Sections 19.11 and 19.13.
9    (B) In non-gassy mines:
10    1. He shall examine the underground areas in the mine at
11least once in each calendar day during which coal is produced.
12Such examination shall be made within 4 hours immediately
13preceding the beginning of the first coal-producing shift on
14such day.
15    2. On idle days he shall examine all sections of the mine
16where men are required to work.
17    3. On idle nights, if the mine has been examined for the
18day shift and the men are to work in sections previously
19examined and no coal is to be mined, no further examination
20shall be required.
21    (C) One examination on each day when workers perform
22production or idle day work shall include the escape ways
23required by Sections 19.11 and 19.13.
24(Source: P.A. 81-992.)
 
25    (225 ILCS 705/6.05)  (from Ch. 96 1/2, par. 605)

 

 

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1    Sec. 6.05. When in the performance of his duties, he shall
2carry with him a multi-gas detector safety lamp in proper order
3and condition and a rod or bar for sounding the roof.
4(Source: Laws 1953, p. 701.)
 
5    (225 ILCS 705/6.10)  (from Ch. 96 1/2, par. 610)
6    Sec. 6.10. Upon completing his examination, he shall make a
7daily record either by calling out the results of the
8examination to a recorder on the surface or by personally
9recording the report. The recorder or mine examiner shall
10record the report in a book or computer system that is provided
11by the operator for that purpose, and the book or computer
12system shall be secure and not susceptible to alteration. The
13examination report is of the same in a book kept for that
14purpose, for the information of the company, the State Mine
15Inspector, and all other persons interested; and this report
16shall be recorded before the miners are permitted to enter the
17mine. If the examination report is called out by the mine
18examiner to a recorder, the recorder must place his signature,
19certificate number, and date in the book or computer system
20record shall be made each morning before the miners are
21permitted to enter the mine. If the examination report is
22called out, the mine examiner shall verify the report by his
23signature, certificate number, and date by or at the end of his
24shift. If the mine examiner finds an omission or error in the
25report, the report shall be corrected and he must immediately

 

 

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1notify the shift mine manager of the omission or error.
2(Source: Laws 1953, p. 701.)
 
3    (225 ILCS 705/6.11)  (from Ch. 96 1/2, par. 611)
4    Sec. 6.11. Should any dangerous conditions be found as
5described in Section 6.09, he shall immediately notify the
6shift mine manager record the same in the daily record book of
7examinations, setting forth the nature of the conditions found
8and the location of same.
9(Source: Laws 1955, p. 2012.)
 
10    (225 ILCS 705/6.12)  (from Ch. 96 1/2, par. 612)
11    Sec. 6.12. It shall be unlawful for the operator of any
12mine to have in his service as mine examiner any person who
13does not hold a certificate of competency issued by the Mining
14Board except that anyone holding a mine manager's certificate
15may serve as a mine examiner. The ; but in any mine employing
16more than 25 men, the mine manager shall not act in the
17capacity of mine examiner while acting as mine manager.
18However, whenever any exigency arises by which it is impossible
19for any operator to secure the immediate services of a
20certificated examiner, he may employ any trustworthy and
21experienced man of the mine inspection district to act as
22temporary mine examiner for a period not exceeding 7 days, and
23with the approval of the State Mine Inspector of the district,
24for a further period not exceeding 23 days. The employment of

 

 

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1persons who do not hold certificates as mine examiners shall in
2no case exceed the limit of time specified herein, and the
3State Mine Inspector shall not approve of the employment of
4such persons beyond the 23 day limit.
5(Source: Laws 1953, p. 701.)
 
6    (225 ILCS 705/6.15)  (from Ch. 96 1/2, par. 615)
7    Sec. 6.15. A In mines classified as gassy, a sufficient
8number of men trained in the use of a multi-gas detector
9permissible flame safety lamp shall be employed by the
10operator, who shall examine the mine for obnoxious and
11inflammable gases while men are working therein.
12(Source: Laws 1953, p. 701.)
 
13    (225 ILCS 705/6.16)  (from Ch. 96 1/2, par. 616)
14    Sec. 6.16. When in the judgment of the State Mine
15Inspector, expressed in writing to the mine operator, certain
16sections of a mine generate dangerous quantities of explosive
17gases, the State Mine Inspector shall require those sections of
18the mine to be examined for gas in a prescribed manner and at
19shorter intervals of time than 3 4 hours preceding the time the
20day shift goes on duty for every day in which the mine is to be
21operated.
22(Source: Laws 1953, p. 701.)
 
23    (225 ILCS 705/16.11)  (from Ch. 96 1/2, par. 1611)

 

 

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1    Sec. 16.11. Socketed ropes shall be cut off and resocketed
2pursuant to the manufacturer's recommendation, if found to be
3damaged or defective at least once each six months, or more
4often if necessary, and a notice shall be posted in the engine
5room giving the date when the rope was installed and when
6resocketed.
7(Source: Laws 1953, p. 701.)
 
8    (225 ILCS 705/25.01)  (from Ch. 96 1/2, par. 2501)
9    Sec. 25.01. Multi-gas detectors Not less than two
10permissible flame safety lamps and a barometer, all in proper
11working condition, shall be kept available at each mine for the
12use of authorized persons. Only permissible multi-gas
13detectors flame safety lamps, permissible methane detectors,
14or air sampling and analysis shall be used for determining the
15presence of methane and other gases in mine air.
16(Source: Laws 1953, p. 701.)
 
17    (225 ILCS 705/25.02)  (from Ch. 96 1/2, par. 2502)
18    Sec. 25.02. Mine In gassy mines, mine officials whose
19regular duties require them to inspect working places shall
20have in their possession, when underground, a permissible
21multi-gas detector flame safety lamp in safe working condition,
22for the detection of methane and oxygen deficiency.
23(Source: P.A. 80-296.)
 

 

 

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1    (225 ILCS 705/25.04)  (from Ch. 96 1/2, par. 2504)
2    Sec. 25.04. All multi-gas detectors safety lamps shall be
3the property of the operator and when not in use shall remain
4in the custody of the mine manager or other competent person
5designated by him, who shall be responsible for the maintenance
6and calibration of the detectors to ensure that they are in
7safe working condition clean, fill, trim, examine and deliver
8same, locked and in safe condition to the men when they enter
9the mine, or at some underground station designated by the mine
10manager for that purpose. He shall also receive the lamps from
11the men when they leave the mine or as they pass the
12underground lamp station at the end of their shift.
13(Source: Laws 1953, p. 701.)
 
14    (225 ILCS 705/25.05)  (from Ch. 96 1/2, par. 2505)
15    Sec. 25.05. The person to whom multi-gas detectors lamps
16are given shall be responsible for the condition and proper use
17of the multi-gas detectors safety lamps while in their
18possession, and their return to the lamp station.
19(Source: Laws 1953, p. 701.)
 
20    (225 ILCS 705/29.01)  (from Ch. 96 1/2, par. 2901)
21    Sec. 29.01. In all mines adequate telephone service or
22equivalent 2-way communication facilities, including, but not
23limited to, 2-way text messages, shall be provided at the top
24and bottom of each main shaft or slope, and from the bottoms to

 

 

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1the working sections of the mine. Text messaging communications
2systems used as communication facilities must be approved by
3the Department. If text messaging is used, pre-programmed text
4messages shall be capable of providing information to the
5surface necessary to determine the status of the miners and the
6conditions in the mine, as well as providing the necessary
7emergency response information to the miners.
8(Source: Laws 1953, p. 701.)
 
9    (225 ILCS 705/31.03)  (from Ch. 96 1/2, par. 3103)
10    Sec. 31.03. In every mine the minimum quantity of air shall
11not be less than 150 cubic feet per minute for each person
12employed, measured at the foot of the downcast and of the
13upcast. However, in any mine wherein explosive gas is being
14generated in such quantities that it can be detected by a
15multi-gas detector an approved safety lamp, the minimum
16quantity of air shall not be less than 200 cubic feet per
17minute for each person employed therein. The State Mine
18Inspector shall have power by order in writing to require these
19quantities to be increased.
20(Source: P.A. 89-657, eff. 8-14-96.)
 
21    (225 ILCS 705/31.04)  (from Ch. 96 1/2, par. 3104)
22    Sec. 31.04. If the air at an underground working face in a
23mine, when tested at a point not less than 12 inches from the
24roof, face, or rib, contains more than 1.0% of methane as

 

 

09900SB2813ham001- 17 -LRB099 19991 SMS 48982 a

1determined by permissible methane detector, a multi-gas
2detector permissible flame safety lamp, air analysis, or other
3recognized means of accurately detecting such gas, changes or
4adjustments shall be made at once in the ventilation in such a
5mine so that such air shall not contain more than 1.0% of
6methane.
7(Source: Laws 1953, p. 701.)
 
8    (225 ILCS 705/31.05)  (from Ch. 96 1/2, par. 3105)
9    Sec. 31.05. If a split of air returning from active
10underground working places in a mine contains more than 1.0% of
11methane as determined by a permissible methane detector, a
12multi-gas detector permissible flame safety lamp, air
13analysis, or other recognized means of accurately detecting
14such gas, changes or adjustments shall be made at once in the
15ventilation in such mine so that such returning air shall not
16contain more than 1.0% of methane.
17(Source: Laws 1953, p. 701.)
 
18    (225 ILCS 705/31.06)  (from Ch. 96 1/2, par. 3106)
19    Sec. 31.06. If a split of air returning from active
20underground working places in a mine contains as much as 1.5%
21of methane as determined by a permissible methane detector, a
22multi-gas detector permissible flame safety lamp, air
23analysis, or other recognized means of accurately detecting
24such gas, the employees shall be withdrawn from the portion of

 

 

09900SB2813ham001- 18 -LRB099 19991 SMS 48982 a

1the mine endangered thereby and all power shall be cut off from
2such portion of the mine until the quantity of methane in such
3split shall be less than 1.5%. However, in virgin territory in
4mines ventilated by exhaust fans, where methane is liberated in
5large amounts, if the quantity of air in a split ventilating
6the workings in such territory equals or exceeds twice the
7minimum volume of air prescribed in Section 31.02 and if only
8permissible electric equipment is used in such workings and the
9air in the split returning from such workings does not pass
10over trolley or other bare power wires, and if a certified
11person designated by the mine operator is continually testing
12the gas content of the air in such split during mining
13operations in such workings, it shall be necessary to withdraw
14the employees and cut off all power from the portion of the
15mine endangered by such methane only when the quantity thereof
16in the air returning from such workings exceeds 2%, as
17determined by a permissible methane detector, a multi-gas
18detector permissible flame safety lamp, air analysis, or other
19recognized means of accurately detecting such gas.
20(Source: Laws 1953, p. 701.)
 
21    (225 ILCS 705/31.10)  (from Ch. 96 1/2, par. 3110)
22    Sec. 31.10. If the State Mine Inspector finds methane with
23a multi-gas detector permissible flame safety lamp,
24permissible methane detector, air analysis, or other
25recognized means, in the amount of 0.25% or more, in any open

 

 

09900SB2813ham001- 19 -LRB099 19991 SMS 48982 a

1workings of such mine when tested at a point not less than 12
2inches from the roof, face or rib the mine shall be classified
3as gassy. Nothing in this Act shall preclude the
4reclassification of a mine that has been classified gassy if a
5subsequent examination, made by the State Mine Inspector in the
6method provided herein, shows the methane content to be less
7than 0.25%.
8(Source: Laws 1953, p. 701.)
 
9    (225 ILCS 705/31.30)  (from Ch. 96 1/2, par. 3130)
10    Sec. 31.30. In gassy mines worked by the so-called
11"enclosed panel system" where rooms are driven off of both
12sides of the panel entries and ventilated by one side of the
13panel as the intake airway and the other side as the return,
14the following shall govern the method of working this type of
15panel: When the top end or inby end of the panel begins to
16squeeze, work or more as the result of extraction of coal and
17the area cannot be examined, men working in the said panel and
18rooms shall be removed until movement has abated and the
19presence of gas cannot be detected with a multi-gas detector
20permissible flame safety lamp. However, if in such panels fire,
21barrier or cutoff pillars are left in the center of the panel
22of adequate thickness and the entries have been sealed in line
23with the pillars with adequate roof support on the inby side of
24the seals isolating the worked out area from the live works,
25then mining operations may be resumed. This shall not apply to

 

 

09900SB2813ham001- 20 -LRB099 19991 SMS 48982 a

1panels worked with rooms on the intake side only, or panels
2with bleeder entry system whereby the gas released in the
3squeezed area will not contaminate the ventilating air current
4used to ventilate active workings within the panel.
5(Source: Laws 1953, p. 701.)
 
6    (225 ILCS 705/25.03 rep.)
7    (225 ILCS 705/25.06 rep.)
8    (225 ILCS 705/25.07 rep.)
9    Section 10. The Coal Mining Act is amended by repealing
10Sections 25.03, 25.06, and 25.07.".