(225 ILCS 720/9.01) (from Ch. 96 1/2, par. 7909.01)
Sec. 9.01.
Rules.
(a) The Department may propose, adopt and promulgate
reasonable rules in conformity with this Act. When it proposes or adopts
rules the Department shall consider the terrain, the climate and other
conditions
of this State. Rules shall reflect the distinct differences between surface
mining operations and underground mining operations.
(b) Any person may file a written petition with the Department proposing
the adoption, amendment or repeal of any rule under this Act. Within 90
days after a receipt of a petition, the Department shall initiate a rule-making
proceeding under this Section with respect to such proposal, or deny such
petition, setting forth in writing the reasons for such denial.
(c) No rule adopted shall be retroactive. Any
operator shall have the right to proceed with operations under this Act
until such rules are adopted and no such rules shall be made applicable
to any operations prior to the effective date thereof.
(d) In addition to the provisions of this Section, and to the
extent
consistent with this Section, the provisions of the Illinois Administrative
Procedure Act apply to the adoption of rules under this Act.
(Source: P.A. 90-490, eff. 8-17-97.)
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