Illinois Administrative Code

Section 1703.10 Responsibility a) The Department is responsible for enforcing the requirements of this Part. b) Any person conducting coal extraction as an incidental part of government-financed construction is responsible for possessing, on the site of the extraction operation, …

Section 1703.15 Applicability a) Coal extraction that is an incidental part of government-financed construction is exempt from the Act and this Part. b) Any person who conducts or intends to conduct coal extraction that does not satisfy subsection (a) shall not proceed until a pe…

Section 1703.20 Information To Be Maintained on Site Any person extracting coal incident to government-financed highway or other construction who extracts more than 250 tons of coal or affects more than two acres shall maintain, on the site of the extraction operation and availab…

Section 1703.5 Scope a) This Part establishes the procedures for determining those surface coal mining and reclamation operations that are exempt from the Act and this Part because the extraction of coal is an incidental part of federal, State or local government-financed highway…

Section 1705.11 Who Shall File a) Any employee who performs any function or duty under the State Act is required to file a statement of employment and financial interests. An employee who occupies a position which has been determined by the Director not to involve performance of …

Section 1705.13 When to File a) Employees shall file annually on February 1 of each year, or at such other date as the Director of the Office of Surface Mining Reclamation and Enforcement may direct. b) A new employee will be required to file upon becoming an employee. c) An empl…

Section 1705.15 Where to File The Director shall file his or her statement with the Federal Director. All other employees, as provided in Section 1705.11, shall file their statement with the legal counsel to the Department. (Source: Amended at 11 Ill. Reg. 8452, effective July 1,…

Section 1705.17 What to Report a) Each employee shall report, on OSM Form 23, all employment and financial interests of the employee, the employee's spouse, minor children, or other relatives who are fulltime residents of the employee's home. b) Listing of all financial interests…

Section 1705.18 Gifts and Gratuities a) Except as provided in subsection (b), employees shall not solicit or accept, directly or indirectly, any gift, gratuity, favor, entertainment, loan, or any other thing of monetary value from a company which conducts or is seeking to conduct…

Section 1705.19 Resolving Prohibited Interests Actions to be taken by the Director: a) Remedial action to effect resolution. If an employee has a prohibited financial interest, the Director shall promptly advise the employee that remedial action which will resolve the prohibited …

Section 1705.2 Objectives The objectives of this Part are: a) To ensure, as required by Section 9.06 of the Surface Coal Mining Land Conservation and Reclamation Act (Ill. Rev. Stat. 1985, ch. 96 1/2, par. 7909.06) (State Act), that each employee does not have a direct or indirec…

Section 1705.21 Appeals Procedures Any employee who is dissatisfied with the Director's decision may file an appeal within thirty (30) days after the Department mails the Director's decision to the employee. The Department shall a hold a hearing in accordance with the procedures …

Section 1705.3 Authority (Repealed) (Source: Repealed at 11 Ill. Reg. 8452, effective July 1, 1987)

Section 1705.4 Responsibility a) The Illinois Department of Natural Resources (Department) shall: 1) Provide guidance to all employees required to file statements pursuant to Section 1705.11; 2) Promptly review the statements of employment and financial interests and supplements,…

Section 1705.6 Penalties a) Section 9.06 of the State Act prohibits each employee of the Department who performs any function or duty under the State Act from having a direct or indirect financial interest in any surface coal mining operation. The State Act provides that whoever …

Section 1761.1 Scope This Part establishes the procedures and standards to be followed in determining whether a proposed surface coal mining and reclamation operation can be permitted in light of the prohibitions and limitations in Section 7.01 of The Surface Coal Mining Land Con…

Section 1761.11 Areas Where Mining is Prohibited or Limited Subject to valid existing rights, no surface coal mining operations shall be conducted after August 3, 1977, unless those operations existed on the date of enactment: a) On any lands within the boundaries of the National…

Section 1761.12 Exceptions to Existing Operations The prohibitions and limitations of Section 1761.11 do not apply to: a) Surface coal mining operations for which a valid permit, issued under Illinois' approved regulatory program, exists when the land comes under the protection o…

Section 1761.14 Procedures for Relocation or Closing of a Public Road or Waiving the Prohibition on Surface Coal Mining Operations within the Buffer Zone of a Public Road a) This Section does not apply to: 1) Lands for which a person has valid existing rights, as determined under…

Section 1761.15 Procedures for Waiving the Prohibition on Surface Coal Mining Operations within the Buffer Zone of an Occupied Dwelling a) This Section does not apply to: 1) Lands for which a person has valid existing rights, as determined under Section 1761.16. 2) Lands within t…

Section 1761.16 Submission and Processing of Requests for Valid Existing Rights Determinations a) Basic framework for valid existing rights determinations. The following table identifies the agency responsible for making a valid existing rights determination and the definition th…

Section 1761.17 Department Obligations at Time of Permit Application Review a) Upon receipt of an administratively complete application for a permit for a surface coal mining operation, or an administratively complete application for revision of the boundaries of a surface coal m…

Section 1761.5 Definition of Valid Existing Rights Valid existing rights (VER) means a set of circumstances under which a person may, subject to regulatory authority approval, conduct surface coal mining operations on lands where Section 1761.11 would otherwise prohibit such oper…

Section 1762.1 Scope This Part establishes the minimum criteria to be used in determining whether lands should be designated as unsuitable for all or certain types of surface coal mining operations. (Source: Amended at 6 Ill. Reg. 1, effective June 1, 1982)

Section 1762.11 Criteria for Designating Lands as Unsuitable a) Upon petition, an area shall be designated as unsuitable for all or certain types of surface coal mining operations, if the Department determines that reclamation is not technologically and economically feasible unde…

Section 1762.12 Additional Criteria (Repealed) (Source: Repealed at 11 Ill. Reg. 8031, effective July 1, 1987)

Section 1762.13 Land Exempt From Designation as Unsuitable for Surface Coal Mining Operations The requirements of this Part do not apply to: a) Lands on which surface coal mining operations were being conducted on the date of enactment; b) Lands covered by a permit issued under t…

Section 1762.14 Applicability to Lands Designated as Unsuitable by Congress If the Department determines that the proposed surface coal mining operation is not prohibited under Section 7.01 of the State Act and 62 Ill. Adm. Code 1761.11, it may nevertheless, pursuant to appropria…

Section 1762.15 Exploration on Lands Designated as Unsuitable for Surface Coal Mining Operations Designation of any area as unsuitable for all or certain types of surface coal mining operations pursuant to Section 7.02(a), (b) and (c) of the State Act and 62 Ill. Adm. Code 1761 t…

Section 1764.11 General Process Requirements The State shall establish a process enabling objective decisions to be made on which, if any, land areas of the State are unsuitable for all or certain types of surface coal mining operations. These decisions shall be based on competen…

Section 1764.13 Petitions a) Right to petition. Any person having an interest which is or may be adversely affected has the right to petition the Illinois Department of Natural Resources (Department) to have an area designated as unsuitable for surface coal mining operations, or …

Section 1764.15 Initial Processing, Recordkeeping, and Notification Requirements a) Processing of Petitions 1) Within 60 days after receipt of a petition, the Department shall notify the petitioner by certified mail whether or not the petition is complete under Section 1764.13(b)…

Section 1764.17 Hearing Requirements a) 1) Within ten (10) months after receipt of a complete petition, the Department shall hold a public hearing in the locality of the area covered by the petition. If all petitioners and intervenors agree, the hearing need not be held. Any part…

Section 1764.19 Decision a) In reaching its decision, the Department shall use: 1) The information contained in the data base and inventory system; 2) Information provided by other governmental agencies; 3) The Land Report prepared under Section 1764.15(c); and 4) Any other relev…

Section 1764.21 Data Base and Inventory System Requirements a) The Department shall develop a data base and inventory system which will permit evaluation of whether reclamation is feasible in areas covered by petitions. b) The Department shall include in the system information re…

Section 1764.23 Public Information The Department shall: a) Make the information from the data base and inventory system developed under Section 1764.21 available to the public for inspection free of charge and for copying at reasonable cost except that specific information relat…

Section 1764.25 Regulatory Authority Responsibility for Implementation a) The Department shall not issue permits which are inconsistent with designations made pursuant to 62 Ill. Adm. Code 1761, 1762, or 1764. b) The Department shall maintain a map or other unified and cumulative…

Section 1772.1 Scope and Purpose This part establishes the requirements and procedures applicable to coal exploration operations on all lands except for Federal lands subject to the requirements of 43 CFR 3480-3487 (1986).

Section 1772.11 Notice Requirements for Exploration Removing 250 Tons of Coal or Less a) Any person who intends to conduct coal exploration operations outside the permit area during which less than 250 tons of coal will be removed shall prior to conducting the exploration, file w…

Section 1772.12 Permit Requirements for Exploration Removing More Than 250 Tons of Coal a) Any person who intends to conduct coal exploration outside a permit area during which more than 250 tons of coal will be removed or which will take place on lands designated as unsuitable f…

Section 1772.13 Coal Exploration Compliance Duties a) All coal exploration and reclamation activities which substantially disturb the land surface shall be conducted in accordance with the coal exploration requirements of the Act, this Part, 62 Ill. Adm. Code 1815, and the regula…

Section 1772.14 Requirements for Commercial Use or Sale a) Except as provided under 62 Ill. Adm. Code 1772.14(b) and 1700.11(a)(3), any person who intends to commercially use or sell coal extracted during coal exploration operations under an exploration permit, shall first obtain…

Section 1772.15 Public Availability of Information a) Except as provided in subsection (b) all information submitted to the Department under this Part shall be made available for public inspection and copying at the local offices of the Department closest to the exploration area.…

Section 1773.1 Scope and Purpose This Part provides minimum requirements for permits and permit processing and covers obtaining and reviewing permits; coordinating with other laws; public participation; permit decision and notification; permit conditions; and permit term and righ…

Section 1773.11 Requirements to Obtain Permits a) All operations. On and after February 1, 1983, no person shall engage in or carry out any surface coal mining operations on non-Federal or non-Indian Lands within the State, unless such person has first been issued a permanent reg…

Section 1773.12 Regulatory Coordination with Requirements under Other Laws The Department shall, to avoid duplication, provide for the coordination of review and issuance of permits for surface coal mining and reclamation operations with applicable requirements of State laws and …

Section 1773.13 Public Participation in Permit Processing a) Filing and public notice. 1) Upon submission of an administratively complete application, an applicant for a permit, significant revision of a permit under 62 Ill. Adm. Code 1774.13, or renewal of a permit under 62 Ill.…

Section 1773.14 Opportunity for Public Hearing a) If no informal conference is requested, or if the issues in question are not resolved by the informal conference, any interested person or county board may request a public hearing within eighty (80) days after the first newspaper…

Section 1773.15 Review of Permit Applications a) General 1) The Department shall review the application for a permit, revision, or renewal; written comments and objections submitted; and records of any informal conference or hearing held on the application, and either: A) Issue a…

Section 1773.17 Permit Conditions Each permit issued by the Department shall be subject to the following conditions: a) The permittee shall conduct surface coal mining and reclamation operations only on those lands that are specifically designated as the permit area on the maps s…