(225 ILCS 710/50)
(from Ch. 96 1/2, par. 4330)
(a) This Act shall be administered by the Department of Natural
Resources in accordance with the provisions of the
Department of Natural Resources Act and the Civil Administrative Code of
(b) The Department has the authority to allow variances from particular
provisions of this Act if practical difficulties or particular hardships are in
the way of carrying out the strict letter of any provision and if the variance
will be substantially equivalent to the standards of health and safety as set
out in this Act. A request for variance under this Section must be in writing
and must state the provision from which a variance is sought, the extent of the
variance sought, and the reasons supporting the variance request. The
Department shall review the request and, if necessary, inspect the mine to be
affected by variance. The Department shall issue a decision
either denying or granting the variance or allowing a modified variance.
Any interested person shall have the right to appeal any such decision to
the Director of the Department. After notice and hearing, the Director shall
render a final administrative decision on the variance request.
(c) The Department has the authority to promulgate rules to carry
out the purposes and enforce the provisions of this Section and this Act.
(Source: P.A. 89-445, eff. 2-7-96.)