Illinois Administrative Code

Section 1800.21 Collateral Bonds a) Collateral bonds, except for letters of credit and cash accounts, shall be subject to the following conditions: 1) The Department shall keep custody of collateral deposited by the applicant until authorized for release or replacement as provide…

Section 1800.23 Self-Bonding a) For purposes of this Section only, the following terms have the following meanings: Current assets means cash or other assets or resources which are reasonably expected to be converted to cash or sold or consumed within one year or within the norma…

Section 1800.30 Replacement of Bonds a) The Department may allow a permittee to replace existing bonds with other bonds that provide equivalent coverage, if the liability which has accrued against the permittee on the permit area is transferred to such replacement bonds. The repl…

Section 1800.4 Department Responsibilities a) The Illinois Department of Natural Resources, Office of Natural Resources (Department) shall prescribe and furnish forms for filing performance bonds. b) The Department shall determine the amount of the bond for each area to be bonded…

Section 1800.40 Requirement to Release Performance Bonds a) Bond release application. 1) The permittee may file an application with the Department for the release of all or part of a performance bond at any time. The permittee may authorize a person to act on the permittee's beha…

Section 1800.5 Definitions a) Surety bond means an indemnity agreement in a sum certain payable to the Department, executed by the permittee as principal and which is supported by the performance guarantee of a corporation licensed to do business as a surety in Illinois. b) Colla…

Section 1800.50 Forfeiture of Bonds a) If a permittee refuses or is unable to conduct reclamation of an unabated violation due to bankruptcy, insolvency, creditor attachment of equipment or to the collateral supporting the performance bond being repledged, if the terms of the per…

Section 1800.60 Terms and Conditions for Liability Insurance a) The Department shall require the applicant to submit as part of its permit application a certificate issued by an insurance company authorized to do business in Illinois certifying that the applicant has a public lia…

Section 1810.1 Scope 62 Ill. Adm. Code 1810 through 1828 of these regulations set forth the minimum performance standards and design requirements to be adopted and implemented under a regulatory program for coal exploration and surface coal mining and reclamation operations.

Section 1810.11 Applicability 62 Ill. Adm. Code 1815 applies to all coal exploration conducted under regulatory programs. 62 Ill. Adm. Code 1816 applies to all surface mining activities conducted under regulatory programs. 62 Ill. Adm. Code 1817 applies to all underground mining …

Section 1810.2 Objective The objective of 62 Ill. Adm. Code 1810 through 1828 is to ensure that coal exploration and surface coal mining and reclamation operations are conducted in manners which are compatible with the environmental, social, and esthetic needs of the Nation. Acco…

Section 1810.4 Responsibility a) The Department shall ensure that performance standards and design requirements at least as stringent as the standards in 62 Ill. Adm. Code 1810 through 1828 are implemented and enforced under the State program. b) Each person conducting coal explo…

Section 1815.1 Scope and Purpose This Part sets forth performance standards required for coal exploration which substantially disturbs the natural land surface. These performance standards are the minimum standards which shall be required of such exploration; however, if necessar…

Section 1815.11 General Responsibility of Persons Conducting Coal Exploration (Repealed) (Source: Repealed at 11 Ill. Reg. 8122, effective July, 1987)

Section 1815.13 Required Documents Each person who conducts coal exploration which substantially disturbs the natural land surface shall, while in the exploration area, have available a copy of the filed notice of intention to explore or a copy of the exploration permit for revie…

Section 1815.15 Performance Standards for Coal Exploration a) Habitats of unique or unusually high value for fish, wildlife, and other related environmental values and critical habitats of threatened or endangered species identified pursuant to the Endangered Species Act of 1973 …

Section 1815.17 Requirement for a Permit (Repealed) (Source: Repealed at 11 Ill. Reg. 8122, effective July 1, 1987)

Section 1815.2 Objectives (Repealed) (Source: Repealed at 11 Ill. Reg. 8122, effective July 1, 1987)

Section 1816.100 Contemporaneous Reclamation Reclamation efforts, including, but not limited to, backfilling, grading, topsoil replacement, and revegetation, on all land that is disturbed by surface mining activities shall occur as contemporaneously as practicable with mining ope…

Section 1816.101 Backfilling and Grading: General Requirements Timing of backfilling and grading. a) Contour mining. Rough backfilling and grading shall follow coal removal by not more than sixty (60) days or one thousand, five hundred (1,500) linear feet. The Department may gran…

Section 1816.102 Backfilling and Grading: General Grading Requirements a) Disturbed areas shall be backfilled and graded to: 1) Achieve the approximate original contour, except as provided in subsection (k); 2) Eliminate all highwalls, spoil piles, and depressions, except as prov…

Section 1816.103 Backfilling and Grading: Covering or Treating Coal and Acid- and Toxic-Forming Materials (Repealed) (Source: Repealed at 11 Ill. Reg. 8131, effective July 1, 1987)

Section 1816.104 Backfilling and Grading: Thin Overburden In surface coal mining which is carried out at the same location over a substantial period of time where the operation transects the coal deposit and where the thickness of the coal deposit relative to the thickness of the…

Section 1816.105 Backfilling and Grading: Thick Overburden In surface coal mining where the thickness of the overburden is large relative to the thickness of the coal deposit and where the operator demonstrates that the volume of the spoil and other waste materials is more than s…

Section 1816.106 Backfilling and Grading: Previously Mined Areas Remining operations on previously mined areas that contain a preexisting highwall shall comply with the requirements of Sections 1816.102 through 1816.107 except as provided in this Section. The requirements of Sect…

Section 1816.107 Backfilling and Grading: Steep slopes a) Surface mining activities on steep slopes shall be conducted so as to meet the requirements of Sections 1816.102 through 1816.106, and the requirements of this Section except where mining is conducted on flat or gently rol…

Section 1816.11 Signs and Markers a) Specifications. Signs and markers required under this Part shall: 1) Be posted and maintained by the person who conducts the surface mining activities; 2) Be of a uniform design throughout the operation that can be easily seen and read; 3) Be …

Section 1816.111 Revegetation: General Requirements a) The permittee shall establish on regraded areas and on all other disturbed areas except areas where vegetative cover is inconsistent with the approved post-mining land use, a vegetative cover that is in accordance with the ap…

Section 1816.112 Revegetation: Use of Introduced Species (Repealed) (Source: Repealed at 10 Ill. Reg. 8985, effective July 1, 1986)

Section 1816.113 Revegetation: Timing a) Disturbed areas shall be planted during the first normal period for favorable planting conditions after replacement of the plant-growth medium. The normal period for favorable planting is that planting time generally accepted locally for t…

Section 1816.114 Revegetation: Mulching and Other Soil Stabilizing Practices a) Mulch and other soil stabilizing practices shall be used on all areas that have been regraded and covered by topsoil or topsoil substitutes. The Department shall waive this requirement if seasonal, so…

Section 1816.115 Revegetation: Grazing (Repealed) (Source: Repealed at 10 Ill. Reg. 8985, effective July 1, 1986)

Section 1816.116 Revegetation: Standards for Success a) Success of Revegetation 1) Success of revegetation shall be judged in accordance with this Section, Section 1816.117, and as described in the Agricultural Lands Productivity Formula (Illinois Department of Natural Resources,…

Section 1816.117 Revegetation: Tree, Shrub, and Herbaceous Wildlife Vegetation a) For areas to be developed for fish and wildlife habitat (including shelter belts), recreation, or forest products land uses, success of vegetation shall be determined on the basis of tree and shrub …

Section 1816.13 Casing and Sealing of Drilled Holes: General Requirements Each exploration hole, other drill or borehole, well, or other exposed underground opening shall be cased, sealed, or otherwise managed, as approved by the Illinois Department of Natural Resources, Office o…

Section 1816.131 Cessation of Operations: Temporary a) Each person who conducts surface mining activities shall effectively secure surface facilities in areas in which there are no current operations, but in which operations are to be resumed under an approved permit. Temporary a…

Section 1816.132 Cessation of Operations: Permanent a) Persons who cease surface mining activities permanently shall close or backfill or otherwise permanently reclaim all affected areas, in accordance with this Chapter and the permit approved by the Department. b) All undergroun…

Section 1816.133 Post-Mining Land Capability a) All disturbed areas shall be restored in a timely manner to a condition capable of supporting: 1) The uses which they were capable of supporting prior to any mining; or 2) Higher or better uses of which there is a reasonable likelih…

Section 1816.14 Casing and Sealing of Drilled Holes: Temporary Each exploration hole, other drill or boreholes, wells, and other exposed underground openings which have been identified in the approved permit application for use to return coal processing waste or water to undergro…

Section 1816.15 Casing and Sealing of Drilled Holes: Permanent When no longer needed for monitoring or other use approved by the Department upon a finding of no adverse environmental or health and safety effect, or unless approved for transfer as a water well under Section 1816.4…

Section 1816.150 Roads: General a) Road classification system. 1) Each road, as defined in 62 Ill. Adm. Code 1701.Appendix A, shall be classified as either a primary road or an ancillary road. 2) A primary road is any road which is: A) Used for transporting coal or spoil; B) Freq…

Section 1816.151 Primary Roads Primary roads shall meet the requirements of Section 1816.150 and the additional requirements of this Section. a) Certification. The construction or reconstruction of primary roads shall be certified in a report submitted to the Department by a qual…

Section 1816.180 Utility Installations All surface coal mining operations shall be conducted in a manner which minimizes damage, destruction, or disruption of services provided by oil, gas, and water wells; oil, gas, and coal-slurry pipelines; railroads; electric and telephone li…

Section 1816.181 Support Facilities a) Support facilities shall be operated in accordance with a permit issued for the mine or coal preparation operation to which it is incident or from which its operation results. b) In addition to the other provisions of this Part, support faci…

Section 1816.190 Affected Acreage Map a) On or before September 1 of each year every permit holder shall submit to the Department reports and maps of affected areas. b) Two copies, plus one additional copy for each county in which the permit is located, of the reports and maps sh…

Section 1816.21 Topsoil: General Requirements (Repealed) (Source: Repealed at 11 Ill. Reg. 8131, effective July 1, 1987)

Section 1816.22 Topsoil and Subsoil a) Removal. 1) All topsoil shall be removed as a separate layer from the area to be disturbed, and segregated. Where topsoil is of insufficient quantity or poor quality for sustaining vegetation, the materials approved by the Department in acco…

Section 1816.23 Topsoil: Storage (Repealed) (Source: Repealed at 11 Ill. Reg. 8131, effective July 1, 1987)

Section 1816.24 Topsoil: Redistribution (Repealed) (Source: Repealed at 11 Ill. Reg. 8131, effective July 1, 1987)

Section 1816.25 Topsoil: Nutrients and Soil Amendments (Repealed) (Source: Repealed at 11 Ill. Reg. 8131, effective July 1, 1987)