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Illinois Compiled Statutes

Information maintained by the Legislative Reference Bureau
Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide.

Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.

(225 ILCS 720/) Surface Coal Mining Land Conservation and Reclamation Act.

225 ILCS 720/Art. I

    (225 ILCS 720/Art. I heading)

225 ILCS 720/1.01

    (225 ILCS 720/1.01) (from Ch. 96 1/2, par. 7901.01)
    Sec. 1.01. Short Title. This Act may be cited as the Surface Coal Mining Land Conservation and Reclamation Act.
(Source: P.A. 86-1475.)

225 ILCS 720/1.02

    (225 ILCS 720/1.02) (from Ch. 96 1/2, par. 7901.02)
    Sec. 1.02. Legislative Declaration. (a) It is declared to be the policy of this State to provide for conservation and reclamation of lands affected by surface and underground coal mining in order to restore them to optimum future productive use and to provide for their return to productive use including but not limited to: the planting of forests; the seeding of grasses and legumes for grazing purposes; the planting of crops for harvest; the enhancement of wildlife and aquatic resources; the establishment of recreational, residential and industrial sites; the establishment of new bodies of water for recreational, agricultural, and wildlife conservation purposes; and for the conservation, development, management, and appropriate use of all the natural resources of such areas for compatible multiple purposes, to aid in maintaining or improving the tax base; and protecting the health, safety and general welfare of the people, the natural beauty and aesthetic values, and enhancement of the environment in the affected areas of the State; to prevent erosion, stream pollution, water, air and land pollution and other injurious effects to persons, property, wildlife and natural resources; to assure that the coal supply essential to the Nation's and State's energy requirements, and to their economic well-being is provided; to strike a balance between protection of the environment and agricultural productivity, and the Nation's need for coal as a source of energy; and to assure that land conservation and reclamation plans for all mining operations are available for the prior consideration of the public, and of county governments within whose jurisdiction such lands will be affected by coal mining.
    (b) It is the purpose of this Act to implement these policies through methods and standards that fully comply with the requirements established by the United States Congress in the Surface Mining Control and Reclamation Act of 1977.
    (c) It is also the purpose of this Act to establish requirements that are no more stringent than those required to meet the Federal Surface Mining Control and Reclamation Act of 1977 (PL 95-87).
(Source: P.A. 81-1015.)

225 ILCS 720/1.03

    (225 ILCS 720/1.03) (from Ch. 96 1/2, par. 7901.03)
    Sec. 1.03. Definitions.
    (a) Whenever used or referred to in this Act, unless a different meaning clearly appears from the context:
        (1) "Affected land" means:
            (A) in the context of surface mining operations,
the areas described in Section 1.03(a)(24)(B), and
            (B) in the context of underground mining
operations, surface areas on which such operations occur or where such activities disturb the natural land surface.
        (2) "Approximate original contour" means that surface
configuration achieved by backfilling and grading of the mined area so that the reclaimed area, including any terracing or access roads, closely resembles the general surface configuration of the land prior to mining and blends into and complements the drainage pattern of the surrounding terrain, with all highwalls and spoil piles eliminated.
        (3) "Article" means an Article of this Act.
        (4) "Department" means the Department of Natural
Resources, or such department, bureau, or commission as may lawfully succeed to the powers and duties of such Department.
        (5) "Director" means the Director of the Department
or such officer, bureau or commission as may lawfully succeed to the powers and duties of such Director.
        (6) "Federal Act" means the Federal Surface Mining
Control and Reclamation Act of 1977 (Public Law 95-87).
        (7) "Imminent danger to the health and safety of the
public" means the existence of any condition or practice, or any violation of a permit or other requirement of this Act in a mining and reclamation operation, which condition, practice, or violation could reasonably be expected to cause substantial physical harm to persons outside the permit area before such condition, practice, or violation can be abated. A reasonable expectation of death or serious injury before abatement exists if a rational person, subjected to the same conditions or practices giving rise to the peril, would not expose himself to the danger during the time necessary for abatement.
        (8) (Blank).
        (9) "Interagency Committee" means the Interagency
Committee on Surface Mining Control and Reclamation created by Section 1.05.
        (9-a) "Lands eligible for remining" means those lands
that would otherwise be eligible for expenditures under the Abandoned Mined Lands and Water Reclamation Act.
        (10) "Mining and reclamation operations" means mining
operations and all activities necessary and incident to the reclamation of such operations.
        (11) "Mining operations" means both surface mining
operations and underground mining operations.
        (12) "Operator" means any person engaged in coal
mining, and includes political subdivisions, units of local government and instrumentalities of the State of Illinois, and public utilities.
        (13) "Permit" means a permit or a revised permit to
conduct mining operations and reclamation issued by the Department under this Act.
        (14) "Permit applicant" or "applicant" means a person
applying for a permit.
        (15) "Permit application" or "application" means an
application for a permit under this Act.
        (16) "Permit area" means the land described in the
        (17) "Permittee" means a person holding a permit.
        (18) "Permit term" means the period during which the
permittee may engage in mining operations under a permit.
        (19) "Person" means an individual, partnership,
copartnership, firm, joint venture, company, corporation, association, joint stock company, trust, estate, political subdivision, or any other public or private legal entity, or their legal representative, agent or assigns.
        (20) "Reclamation" means conditioning areas affected
by mining operations to achieve the purposes of this Act.
        (21) "Reclamation plan" means a plan described in
Section 2.03.
        (22) "Regulations" means regulations promulgated
under the Federal Act.
        (23) "Section" means a section of this Act.
        (24) "Surface mining operations" means (A) activities
conducted on the surface of lands in connection with a surface coal mine or surface operations. Such activities include excavation for the purpose of obtaining coal including such common methods as contour, strip, auger, mountaintop removal, box cut, open pit, and area mining, coal recovery from coal waste disposal areas, the uses of explosives and blasting, and in situ distillation or retorting, leaching or other chemical or physical processing, and the cleaning, concentrating, or other processing or preparation, loading of coal at or near the mine site; and (B) the areas on which such activities occur or where such activities disturb the natural land surface. Such areas include any adjacent land the use of which is incidental to any such activities, all lands affected by the construction of new roads or the improvement or use of existing roads to gain access to the site of such activities and for haulage, and excavations, workings, impoundments, dams, refuse banks, dumps, stockpiles, overburden piles, spoil banks, culm banks, tailings, holes or depressions, repair areas, storage areas, processing areas, shipping areas and other areas upon which are sited structures, facilities, or other property or materials on the surface, resulting from or incident to such activities.
        (25) "Toxic conditions" and "toxic materials" mean
any conditions and materials that will not support higher forms of plant or animal life in any place in connection with or as a result of the completion of mining operations.
        (26) "Underground mining operations" means the
underground excavation of coal and (A) surface operations incident to the underground extraction of coal, such as construction, use, maintenance, and reclamation of roads, above-ground repair areas, storage areas, processing areas, shipping areas, areas on which are sited support facilities including hoist and ventilation ducts, areas used for the storage and disposal of waste, and areas on which materials incident to underground mining operations are placed, and (B) underground operations incident to underground excavation of coal, such as underground construction, operation, and reclamation of shafts, adits, underground support facilities, in situ processing, and underground mining, hauling, storage, or blasting.
        (27) "Unwarranted failure to comply" means the
failure of a permittee to prevent the occurrence of or to abate any violation of his permit or any requirement of this Act due to indifference, lack of diligence, or lack of reasonable care.
    (b) The Department shall by rule define other terms used in this Act if necessary or desirable to achieve the purposes of this Act.
(Source: P.A. 97-813, eff. 7-13-12.)

225 ILCS 720/1.04

    (225 ILCS 720/1.04) (from Ch. 96 1/2, par. 7901.04)
    Sec. 1.04. (Repealed).
(Source: P.A. 90-490, eff. 8-17-97. Repealed by P.A. 93-168, eff. 7-10-03.)

225 ILCS 720/1.05

    (225 ILCS 720/1.05) (from Ch. 96 1/2, par. 7901.05)
    Sec. 1.05. Interagency Committee. There is created the Interagency Committee on Surface Mining Control and Reclamation, which shall consist of the Director (or Division Head) of each of the following State agencies: (a) the Department of Agriculture, (b) the Environmental Protection Agency, (c) the Department of Commerce and Economic Opportunity, and (d) any other State Agency designated by the Director as having a programmatic role in the review or regulation of mining operations and reclamation whose comments are expected by the Director to be relevant and of material benefit to the process of reviewing permit applications under this Act. The Interagency Committee on Surface Mining Control and Reclamation shall be abolished on June 30, 1997. Beginning July 1, 1997, all programmatic functions formerly performed by the Interagency Committee on Surface Mining Control and Reclamation shall be performed by the Office of Mines and Minerals within the Department of Natural Resources, except as otherwise provided by Section 9.04 of this Act.
(Source: P.A. 94-793, eff. 5-19-06.)

225 ILCS 720/1.06

    (225 ILCS 720/1.06) (from Ch. 96 1/2, par. 7901.06)
    Sec. 1.06. Scope of the Act. This Act shall apply to all mining operations, except:
        (a) the private non-commercial extraction of coal by
a landowner or lessee where 250 tons or less of coal are removed in any 12 consecutive months;
        (b) the extraction of coal incidental to the
extraction of other minerals where the coal does not exceed 16 2/3% of the total mineral tonnage mined;
        (c) coal exploration on federal lands;
        (d) the extraction of coal on federal lands except to
the extent provided under a cooperative agreement with the United States in accordance with Section 9.03; and
        (e) the extraction of coal as an incidental part of
a federal, State, or local government-financed highway or other construction under rules adopted by the Department.
(Source: P.A. 100-936, eff. 8-17-18; 101-81, eff. 7-12-19.)

225 ILCS 720/1.07

    (225 ILCS 720/1.07) (from Ch. 96 1/2, par. 7901.07)
    Sec. 1.07. Construction. As provided in Section 1.02, this Act shall be construed to fully comply and be consistent with the requirements of the Federal Surface Mining Control and Reclamation Act of 1977 (Public Law 95-87) and the provisions of Rule 1104 under "The Surface-Mined Land Conservation and Reclamation Act," approved September 17, 1971, as amended.
(Source: P.A. 81-1015.)