Illinois Administrative Code

Section 1773.19 Permit Issuance and Right of Renewal a) Final permit decision. 1) The Department shall make its final decision to approve, deny or modify the permit application on the basis of: A) Complete applications for permits and revisions or renewals thereof; B) Public part…

Section 1773.20 Improvidently Issued Permits: General Procedures a) Permit review. If the Department receives information indicating that it improvidently issued a surface coal mining and reclamation permit, the Department shall review the circumstances under which the permit was…

Section 1773.21 Improvidently Issued Permits: Rescission Procedures If the Department, under Section 1773.20(c)(4), elects to rescind an improvidently issued permit, the Department shall serve on the permittee a notice of proposed suspension and rescission which includes the reas…

Section 1773.22 Verification of Ownership or Control Application Information a) In accordance with Section 1773.15(c)(1), prior to the issuance of a permit, the Department shall review the information in the application provided pursuant to 62 Ill. Adm. Code 1778.13 to determine …

Section 1773.23 Review of Ownership or Control and Violation Information a) Following the verification of ownership or control information pursuant to Section 1773.22, the Department shall review all reasonably available information concerning violation notices and ownership or c…

Section 1773.24 Procedures for Challenging Ownership or Control Links Shown in the Applicant Violator System a) Who may challenge. 1) Any applicant or other person shown in the Applicant Violator System (AVS) in an ownership or control link to any person may challenge such link i…

Section 1773.25 Standards for Challenging Ownership or Control Links and the Status Violations a) The provisions of this Section shall apply whenever a person has and exercises a right, under the provisions of Section 1773.20, 1773.21, 1773.23 or 1773.24, to challenge an ownershi…

Section 1773.5 Definitions For purposes of this Part, owned or controlled and owns or controls means any one or a combination of the relationships specified in subsections (a) and (b) below: a) Ownership or control is evidenced by: 1) Being a permittee of a surface coal mining op…

Section 1774.1 Scope and Purpose This Part provides requirements for revision; renewal; and transfer, assignment and sale of permit rights.

Section 1774.11 Department Review of Permits a) The Illinois Department of Natural Resources (Department) shall review each permit issued and outstanding under the regulatory program during the term of the permit. This review shall occur not later than the middle of each permit t…

Section 1774.13 Permit Revisions a) During the term of a permit, the permittee may submit an application to the Department for a revision of the permit. The application may be made on the standard Department permit form; however, only those sections of the form that pertain to th…

Section 1774.15 Permit Renewals a) A valid permit shall carry with it the right of successive renewal, within the approved boundaries of the existing permit, upon expiration of the term of the permit. b) Application requirements and procedures. 1) An application for renewal of a …

Section 1774.17 Transfer, Assignment, or Sale of Permit Rights a) No transfer, assignment, or sale of rights granted by a permit shall be made without the prior written approval of the Department. b) An applicant for approval of the transfer, assignment, or sale of permit rights …

Section 1777.1 Scope Part 1777 provides minimum requirements concerning the general content for permit applications under the State program.

Section 1777.11 Format and Contents a) An application shall: 1) Contain current information, as required by 62 Ill. Adm. Code 1772 through 1785; 2) Be clear and concise; and 3) Be filed in the format required by the Illinois Department of Natural Resources (Department). b) If use…

Section 1777.13 Reporting of Technical Data a) All technical data submitted in the application shall be accompanied by the names of persons or organizations that collected and analyzed the data, dates of the collection and analysis of the data, and descriptions of methodology use…

Section 1777.14 Maps and Plans: General Requirements a) Maps submitted with applications shall be presented in a consolidated format, to the extent possible, and shall include all the types of information that are set forth on topographic maps of the U.S. Geological Survey of the…

Section 1777.15 Completeness An application for a permit to conduct surface coal mining and reclamation operations shall be complete and shall include at a minimum: a) For surface mining activities, the information required under 62 Ill. Adm. Code 1778, 1779, and 1780, and as app…

Section 1777.17 Permit Fees a) After a permit application under 62 Ill. Adm. Code 1772 through 1785 has been deemed approvable, but before a permit is issued in accordance with 62 Ill. Adm. Code 1773.19, the Department shall notify the applicant in writing of the amount of fee re…

Section 1778.11 Applicability (Repealed) (Source: Repealed at 11 Ill. Reg. 8368, effective July 1, 1987)

Section 1778.13 Identification of Interests a) The applicant shall provide in the permit application: 1) A statement whether it and the operator are corporations, partnerships, sole proprietorships or other business entities; and 2) taxpayer identification numbers for it and the …

Section 1778.14 Violation Information a) The applicant must state in the permit application whether it, the operator or any subsidiary, affiliate or entity that it or the operator owns or controls, or that is under common control with the applicant or the operator, has: 1) had a …

Section 1778.15 Right of Entry Information a) An application shall contain: 1) the name and address of each legal or equitable owner of record of the surface and mineral property to be mined, each holder of record of any leasehold interest in the property to be mined, and any pur…

Section 1778.16 Relationship to Areas Designated Unsuitable for Mining a) An application shall contain a statement of available information on whether the proposed permit and shadow areas are within an area designated unsuitable for surface coal mining and reclamation operations …

Section 1778.17 Permit Term a) Each application shall state the anticipated or actual starting and termination date of each phase of the surface coal mining and reclamation operation and the anticipated number of acres of land to be affected during each phase of mining and over t…

Section 1778.18 Insurance An application shall contain a certificate of liability insurance issued in compliance with 62 Ill. Adm. Code 1800.60. (Source: Amended at 11 Ill. Reg. 8368, effective July 1, 1987)

Section 1778.20 Identification of Location of Public Office for Filing of Application (Repealed) (Source: Repealed at 11 Ill. Reg. 8368, effective July 1, 1987)

Section 1778.21 Proof of Publication A copy of the newspaper advertisement of the application for a permit, significant revision of a permit or renewal of a permit and proof of publication of the advertisement shall be filed with the Department and made a part of the complete app…

Section 1778.22 Facilities or Structures Used in Common The plans of a facility or structure that is to be shared by two or more separately permitted mining operations may be included in one (1) permit application and referenced in the other applications. In accordance with 62 Il…

Section 1778.4 Responsibility (Repealed) (Source: Repealed at 11 Ill. Reg. 8368, effective July 1, 1987)

Section 1778.9 Certifying and Updating Existing Permit Application Information a) If the applicant has previously applied for a permit and the required information is already in the Applicant Violator System (AVS), then the applicant may update the information as shown in the fol…

Section 1779.11 General Requirements Each permit application shall include a description of the existing, premining environmental resources within the proposed permit area and adjacent areas that may be affected or impacted by the proposed surface mining activities.

Section 1779.12 General Environmental Resources Information Each application shall describe and identify: a) The lands subject to surface coal mining operations over the estimated life of those operations and the size, sequence, and timing of the subareas for which it is anticipa…

Section 1779.13 Description of Hydrology and Geology: General Requirements (Repealed) (Source: Repealed at 11 Ill. Reg. 8585, effective July 1, 1987)

Section 1779.14 Geology Description (Repealed) (Source: Repealed at 11 Ill. Reg. 8585, effective July 1, 1987)

Section 1779.15 Ground Water Information (Repealed) (Source: Repealed at 11 Ill. Reg. 8585, effective July 1, 1987)

Section 1779.16 Surface Water Information (Repealed) (Source: Repealed at 11 Ill. Reg. 8585, effective July 1, 1987)

Section 1779.17 Alternative Water Supply Information (Repealed) (Source: Repealed at 11 Ill. Reg. 8585, effective July 1, 1987)

Section 1779.19 Vegetation Information a) The permit application shall contain a map that delineates existing vegetative types and a description of the plant communities within the proposed permit area and within any proposed reference area. This description shall include informa…

Section 1779.20 Fish and Wildlife Resources Information (Repealed) (Source: Repealed at 14 Ill. Reg. 11924, effective January 1, 1991)

Section 1779.21 Soil Resources Information a) The applicant shall provide adequate soil survey information for the permit area consisting of the following: 1) A map delineating different soils; 2) Soil identification; 3) Soil description including topsoil (A Horizon) thickness an…

Section 1779.22 Land Use Information (Repealed) (Source: Repealed at 20 Ill. Reg. 2146, effective January 19, 1996)

Section 1779.24 Maps: General Requirements The permit application shall include maps showing: a) All boundaries of lands and names of present owners of record of those lands, both surface and subsurface, included in or contiguous to the permit area; b) The boundaries of land with…

Section 1779.25 Cross Sections, Maps and Plans a) The application shall include cross sections, maps, and plans showing: 1) Elevations and locations of test borings and core samplings; 2) Elevations and locations of monitoring stations used to gather data for water quality and qu…

Section 1779.27 Prime Farmland Investigation (Repealed) (Source: Repealed at 11 Ill. Reg. 8585, effective July 1, 1987)

Section 1779.4 Responsibilities a) It is the responsibility of the permit applicant to provide, except where specifically exempted in this Part, all information required by this Part in the application. b) It is the responsibility of State and Federal government agencies to provi…

Section 1779.5 Use of Existing Data Permit applicants may comply with the requirements of 62 Ill. Adm. Code 1778, 1779, 1780, 1783, 1784 by reliance upon accurate data already in the possession of the applicant or the Illinois Department of Natural Resources (Department), through…

Section 1779.6 Use of Expert Opinion Permit applicants may comply with 62 Ill. Adm. Code 1778, 1779, 1780, 1783 and 1784 by providing accurate descriptive and predictive information relating to geology, water quantity for a particular permit area, based upon expert opinion extrap…

Section 1779.7 Seasonal Water Quality Data (Repealed) (Source: Repealed at 11 Ill. Reg. 8585, effective July 1, 1987)

Section 1780.11 Operation Plan: General Requirements Each application shall contain a description of the mining operations proposed to be conducted during the life of the mine within the proposed permit area, including, at a minimum, the following: a) A narrative description of t…