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PROFESSIONS, OCCUPATIONS, AND BUSINESS OPERATIONS225 ILCS 720/Art. II
(225 ILCS 720/) Surface Coal Mining Land Conservation and Reclamation Act.
(225 ILCS 720/Art. II heading)
225 ILCS 720/2.01
(225 ILCS 720/2.01)
(from Ch. 96 1/2, par. 7902.01)
Necessity of a Permit.
It shall be unlawful for any person
to engage in mining operations subject to the provisions of this Act without
first obtaining from the Department a permit to do so.
(Source: P.A. 81-1015.)
225 ILCS 720/2.02
(225 ILCS 720/2.02)
(from Ch. 96 1/2, par. 7902.02)
Contents of Permit Application.
(a) Each permit application,
and each application for revision of a permit, submitted under this Act
shall contain all information, maps, surveys, data and other materials which
the Department by rule requires, in a form prescribed by the Department
by rule. Such rules shall satisfy the requirements for permit applications
and for applications for revision of a permit under the Federal Act and
(b) If the Department finds that the probable total annual production
at all locations of an operation will not exceed 300,000 tons,
shall provide assistance under this subsection to that operator to the extent
required under the Federal Act. The following shall be performed for such
operator by a qualified public or private laboratory designated by the
to the extent required by the Department by rule to be part of such operator's
application, and if such operator requests such assistance in writing:
(1) the determination of probable hydrologic
consequences, including the engineering analyses and designs necessary for the determination;
(2) the development of cross-section maps and plans;
(3) the geologic drilling and statement of results of
test borings and core samplings;
(4) the collection of archaeological information and
any other archaeological and historical information required by the Department, and the preparation of plans necessitated thereby;
(5) pre-blast surveys; and
(6) the collection of site-specific resource
information and production of protection and enhancement plans for fish and wildlife habitats and other environmental values required by the Department under this Act.
The cost of the preparation of such determinations, test borings, core
and statements for such operator shall be paid by the Department to the
extent required under the Federal Act.
A coal operator that has received assistance pursuant to this subsection
shall reimburse the regulatory authority for the cost of the services rendered
if the program administrator finds that the operator's actual and attributed
annual production of coal for all locations exceeds 300,000 tons during the 12
months immediately following the date on which the operator is issued the
surface coal mining and reclamation permit.
(c) With respect to applications for surface mining operations in cases
where the private mineral estate has been severed from the private surface
estate, the applicant shall submit to the Department with the application
either (1) the written consent of the surface owner to the extraction of
coal by surface mining operations, (2) a conveyance that expressly grants
or reserves the right to extract the coal by surface mining operations,
or (3) if the conveyance does not expressly grant the right to extract coal
by surface mining operations, a determination in accordance with State law
of the surface-subsurface legal relationship.
(Source: P.A. 88-599, eff. 9-1-94.)
225 ILCS 720/2.03
(225 ILCS 720/2.03)
(from Ch. 96 1/2, par. 7902.03)
(a) Each permit application shall include
a reclamation plan which meets all requirements which the Department by
rule prescribes. Such rules shall as a minimum prescribe the applicable
requirements for such plans set forth in the Federal Act and Regulations.
(b) Each application for revision of a permit shall include a revised
reclamation plan or a statement with supporting evidence that the proposed
revision does not require a revision of the reclamation plan.
(Source: P.A. 81-1015.)
225 ILCS 720/2.04
(225 ILCS 720/2.04)
(from Ch. 96 1/2, par. 7902.04)
Notice and Public Review of Applications.
(a) At the time
of submission of a permit application, the applicant shall (1) place a public
notice of the application in a local newspaper of general circulation in
the locality of the proposed mining operations to appear at least once a
week for four consecutive weeks, and (2) file the application for public
inspection at the county seat of each county containing land to be affected
under the permit. Information which pertains to coal seams, test borings,
core samplings, or soil samples required to be part of a permit application
shall be made available to any person with an interest which is or may be
adversely affected. Information which pertains only to the analysis of
the chemical and physical
properties of the coal (excepting information regarding mineral or elemental
content which is potentially toxic in the environment) need not be made
available for public
inspection. On the written request of the applicant, such information shall
be kept confidential by the Department and not made a matter of public record.
(b) The contents and other requirements for the public notices and filings
required by this Section shall be prescribed by the Department by rule.
(c) When an application is received, the Department shall notify various
local governmental bodies, planning agencies, sewage and water treatment
authorities, and water companies in the locality in which the proposed mining
will take place, of the operator's intention to mine a particularly described
tract of land and state the permit application's number and where a copy
of the application may be inspected. Written comments on the permit application
may be submitted to the Department in the manner and within the time prescribed
by the Department by rule. Immediately on receipt of such comments, the
Department shall transmit a copy of them to the applicant, and shall file
them for public inspection at the same locations at which the application
is available for public inspection.
(d) Any person having an interest which is or may be adversely affected
or any person who is an officer of any government agency, or the county
board of a county to be affected under a proposed permit, may file written
objections to a permit application and may request an informal conference
with the Department. If no informal conference is requested, or if the
issues in question are not resolved by the informal conference, such interested
person, officer, or county
board may request a public hearing within 80 days after the first newspaper
notice required by subsection (a) of this Section. If a hearing is requested,
the Department shall hold at least one hearing in the locality affected
by the permit, and shall hold a hearing in each county to be affected under
the proposed permit in which a county
board has requested a hearing. The Department may provide funds to county
boards to assist them under this Section, provided funds are specifically
appropriated for such purpose.
(e) By rule the Department shall establish hearing dates which provide
reasonable time in which to have reviewed the proposed plans, and procedural
rules for the calling and conducting of the public hearing. Such procedural
rules shall include provisions for reasonable notice to all parties, including
the applicant, and reasonable opportunity for all parties to respond by
oral or written testimony, or both, to statements and objections made at
the public hearing. County boards and the public shall present their recommendations
at these hearings.
(f) A complete record of the hearings and all testimony shall be made
by the Department and recorded stenographically or electronically. Such
record shall be maintained and shall be accessible to the public until final
release of the applicant's performance bond.
(g) If all parties requesting a hearing withdraw their requests, the hearing
need not be held.
(Source: P.A. 81-1015.)
225 ILCS 720/2.05
(225 ILCS 720/2.05)
(from Ch. 96 1/2, par. 7902.05)
At the time of submission to the Department, a permit application shall be accompanied
by a fee based on the number of surface acres of land to be affected by
the proposed operation. Such fees shall be established by the Department
by rule. An application for renewal of a permit under Section 2.07 may
be filed without payment of an additional fee. The Department shall assess, by rule, a permit fee for a permit revision to an existing permit.
(Source: P.A. 97-1136, eff. 1-1-13.)
225 ILCS 720/2.06
(225 ILCS 720/2.06)
(from Ch. 96 1/2, par. 7902.06)
Duration of Permit.
(a) A permit entitles the permittee to
engage in the mining operations described in the permit for the period determined
by the Department and stated in the permit. Except as provided by subsection
(b) of this Section, such period shall not exceed five years from the date
the permit is issued.
(b) If the applicant requests a specified permit term longer than five
years in an application, and if the applicant demonstrates that such specified
permit term is reasonably needed to allow the applicant to obtain necessary
financing for equipment and the opening of the proposed mining operation
and if the application is in all respects full and complete for such specified
longer term, the Department may grant a permit for such longer permit term.
(c) A permit shall terminate if the permittee has not commenced the mining
operations covered by the permit within three years after the date on which
the permit is issued. The Department may grant reasonable extensions of
time to avoid automatic termination at the expiration of three years under
this subsection if the applicant shows that such extensions are necessary
because commencement of mining operations was precluded by litigation or
other conditions beyond the control and without the fault or negligence
of the permittee. No such extension shall extend the time for commencement
beyond the period of the permit. With respect to coal to be mined for use
in a specific synthetic fuel facility or specific major electric generating
facility, the permittee shall be deemed to have commenced mining operations
for purposes of this subsection at such time as the construction of the synthetic
fuel or generating facility is initiated.
(Source: P.A. 81-1015.)
225 ILCS 720/2.07
(225 ILCS 720/2.07)
(from Ch. 96 1/2, par. 7902.07)
(a) Any valid permit issued under this Act shall
carry with it the right of successive renewal on expiration of the permit
term with respect to the areas within the boundaries of the existing permit.
(b) The permittee shall apply for permit renewal on such forms as the
Department shall by rule prescribe. Application shall be made not less
than 180 days before the permit term expires. A renewal permit shall be
issued unless it is established that, and written findings by the Department
are made that, (1) the present mining and reclamation operation is not in
compliance with the permit and this Act; (2) the renewal requested substantially
jeopardizes the operator's continuing responsibility on existing permit
areas; (3) the operator has not provided evidence that the performance bond
in effect for said operation will continue in full force and effect for the
term of the requested renewal; (4) any additional bond the Department might
require under Section 6.01 has not been filed;
or (5) any additional revised or updated information required by the Department
has not been provided.
(c) Prior to the approval of any renewal of a permit, the requirements
of Section 2.04 shall be complied with.
(d) With respect to an application for renewal, the burden shall be on
the opponents of renewal to establish that the application is not in compliance
with all requirements of this Act.
(e) If an application for renewal of a valid permit includes a proposal
to extend the mining operation beyond the boundaries authorized in the existing
permit, the portion of the application which addresses any new land areas
shall be subject to the full standards and procedures applicable to new
applications under this Act.
(f) A permit renewal shall be for a term not to exceed the term for an
original permit under Section 2.06.
(Source: P.A. 81-1015.)
225 ILCS 720/2.08
(225 ILCS 720/2.08)
(from Ch. 96 1/2, par. 7902.08)
Standards for approval of permits and revisions.
(a) On the
basis of a complete application, or a revision thereof, and after completion
of the procedures required by Section 2.04, the Department shall grant,
require modification of, or deny the application. The applicant shall have
the burden of establishing that its application complies with all the
of this Act.
(b) No permit or revised permit shall be issued unless the application
affirmatively demonstrates, and the Department finds that (1) the application
is accurate and complete and that all the requirements of this Act have
been complied with; (2) the applicant has demonstrated that reclamation
as required by this Act can be accomplished under this reclamation plan
and that completion of the reclamation plan will in fact comply with every
applicable performance standard of this Act; (3) the assessment of the probable
cumulative impact of all anticipated mining in the area on the hydrologic
balance specified by the Department by rule has been made by the Department
and the proposed mining operation has been designed to prevent material
damage to hydrologic balance outside the permit area; and (4) the area proposed to
be mined is not included within an area designated unsuitable for surface
coal mining under Article VII and is not within an area under study for
such designation in an administrative proceeding commenced under Article
VII. Except for operations subject to exemption by Section 510(d)(2) of
the Federal Act (PL95-87), a permit or revised permit for mining operations
on prime farmland
may be issued only if the Department also finds in writing that the operator
has the technological capability to restore such mined area, within a reasonable
time, to equivalent or higher levels of yield as non-mined prime farmland
in the surrounding area under equivalent levels of management and can meet
the soil reconstruction standards in Section 3.07. Such findings shall
be made in accordance with standards and procedures adopted by the Department
by rule. The Department shall make the findings required by this subsection
in writing on the basis of the information set forth in the application,
or from information otherwise available which is described in the Department's
findings and made available
to the applicant and the public.
(c) A permit or revised permit may be issued only after the Department
considers in writing any comments filed by members of the Interagency Committee
and County Boards. When a complete application is received by the Department,
a copy of it shall be provided to each member of the Interagency Committee. Members
of the Interagency Committee shall review and comment on protection of the
hydrologic system, water pollution control, the reclamation plan, soil handling
techniques, dams and impoundments and postmining land use. Comments on
the application shall be in writing and shall be filed with the Department
within 45 days. Each member's comments shall be based on factual, legal
and technical considerations
with respect to which his agency has authority, and which shall be set forth
in writing. A member who does not comment within 45 days shall be deemed
to have waived his right to comment under this subsection. The Department
shall file comments received from Interagency Committee members at the same
locations at which the permit application is available for public inspection
in accordance with Section 2.04.
(d) If information available to the Department indicates that any mining
operation owned or controlled by the applicant is currently in violation
of this Act or other laws pertaining to air or water environmental protection,
the permit shall not be issued until the applicant submits proof that such
violation has been corrected or is in the process of being corrected to
the satisfaction of the Department, or of the department or agency which
has jurisdiction over such violation. No permit shall be issued to an applicant
after a finding by the Department, after opportunity for hearing, that the
applicant, or the operator specified in the application, controls or has
controlled mining operations with a
demonstrated pattern of wilful violations of the Federal Act or this Act
of such nature and duration and with such resulting irreparable damage to
the environment as to indicate an intent not to comply with the provisions
of the Federal Act or this Act.
(e) After the effective date of this amendatory Act of 1997,
the prohibition of subsection (d) shall not apply to a permit application due
resulting from an unanticipated event or condition at a surface coal mining
operation on lands eligible for remining under a permit held by the person
making such application.
As used in this subsection:
(1) "unanticipated event or condition" means an event
or condition encountered in a remining operation that was not contemplated in the applicable surface coal mining and reclamation permit; and
(2) "violation" has the same meaning as such term has
(Source: P.A. 90-490, eff. 8-17-97.)
225 ILCS 720/2.09
(225 ILCS 720/2.09)
(from Ch. 96 1/2, par. 7902.09)
(a) During the term of the permit the permittee
may submit an application for revision of a permit. The Department shall
by rule establish guidelines for a determination of the scale or extent
of a revision application for which all permit application requirements
and procedures, including notices and public hearings under Section 2.04,
shall apply. Revisions which propose significant alterations in the reclamation
plan shall be subject to all such requirements and procedures.
(b) An application for revision of a permit shall not be approved unless
the Department finds that reclamation as required by this Act can be accomplished
under the revised reclamation plan.
(c) Extensions of area covered by a permit, except for incidental boundary
revisions as defined by the Department by rule, shall be made by application
for another permit.
(d) No transfer, assignment, or sale of the rights granted under any permit
shall be made without the written approval of the Department. Such approval
shall be given only if the mining operation will comply with all requirements
of this Act after the transfer, assignment or sale.
(Source: P.A. 81-1015.)
225 ILCS 720/2.10
(225 ILCS 720/2.10)
(from Ch. 96 1/2, par. 7902.10)
Periodic Review of Permits.
The Department shall review outstanding
permits and may require reasonable revision or modification of the permit
provisions during the term of such permit if necessary to insure that the
mining operation will comply with all requirements of this
Act. The Department shall make such reviews not later than the middle of
the term of the permit. Such revision or modification shall be based on
written findings and shall be subject to notice and hearing requirements
established by the Department by rule.
(Source: P.A. 81-1015.)
225 ILCS 720/2.11
(225 ILCS 720/2.11)
(from Ch. 96 1/2, par. 7902.11)
Procedures for Approval.
(a) If a hearing has been held under Section 2.04, the Department shall
within 60 days after the last such hearing make its decision on the application
and shall promptly furnish the applicant, local government officials in the
area of the affected land, and persons who are parties to the administrative
proceedings, with the written findings of the Department and stating the
specific reasons for its decision.
(b) If no hearing has been held under Section 2.04, the Department shall
make its decision on the application within 120 days after receipt by the
Department of a complete application and shall promptly notify the applicant,
local government officials in the area of the affected land, and persons
who have submitted written comments on the application of the Department's
decision with the written findings of the Department and stating the
specific reasons for its decision.
(c) Within 30 days after the applicant is notified of the final decision
of the Department on the permit application, the applicant or any person
with an interest that is or may be adversely affected may request a hearing on
the reasons for the final determination. The Department shall hold a hearing
within 30 days after this request and notify all interested parties at the time
that the applicant is notified. The notice shall be published in a newspaper of
general circulation published in each county in which any part of the area of
the affected land is located. The notice shall appear no more than 14 days nor
less than 7 days prior to the date of the hearing. The notice shall be no less
than one eighth page in size, and the smallest type used shall be twelve point
and shall be enclosed in a black border no less than 1/4 inch wide. The notice
shall not be placed in that portion of the newspaper where legal notices and
classified advertisements appear. The hearing shall be of record
and adjudicatory in nature. No person who presided at a hearing under Section
2.04 shall either preside at the hearing or participate in the decision on
the hearing. Once a hearing has started, the hearing officer may issue interim orders allowing the Department or the applicant to correct or alter the permit or application. Within 30 days after the hearing, the Department shall issue,
and furnish the applicant, local government officials in the area of the
affected land, and all persons who participated in the hearing, its written
decision granting or denying the permit in whole or in part and stating
the reasons for its decision. No party to a formal adjudicatory hearing under
this subsection may seek judicial review of the Department's final decision on
the permit application until after the issuance of the hearing officer's
written decision granting or denying the permit.
(d) If the application is approved under either subsection (a) or (b)
of this Section, the permit shall be issued.
(e) If a hearing is requested under subsection (c) of this Section, the
Department may, under such conditions as it may prescribe, grant such temporary
relief as it deems appropriate pending final determination of the proceedings
if all parties to the proceedings have been notified and given an opportunity
to be heard on a request for temporary relief, the person requesting such
relief shows that there is a substantial likelihood that he will prevail
on the merits of the final determination of the proceeding, and such relief
will not adversely affect the public health or safety or cause significant
imminent environmental harm to land, air, or water resources.
(f) If final action on an application does not occur within the times
prescribed in subsections (a) or (b) of this Section, whichever applies,
the applicant may deem the application denied, and such denial shall constitute
final action. The applicant may waive these time limits.
(g) For the purpose of hearings under this Section, the Department may
administer oaths, subpoena witnesses or written or printed materials, compel
attendance of the witnesses or production of the materials, and take evidence
including but not limited to site inspections of the land to be affected
and other mining operations carried on by the applicant in the general vicinity
of the proposed operation. A verbatim record of each hearing under this
Section shall be made, and a transcript shall be made available on the
motion of any party or by order of the Department.
(Source: P.A. 97-934, eff. 8-10-12.)