Illinois Administrative Code

Section 1825.14 High Capability Lands: Soil Replacement Surface mining operations on high capability lands shall be conducted according to the following: a) The operator shall establish a suitable rooting medium. 1) Texture. In order to be of suitable texture, the materials under…

Section 1827.1 Scope This Part sets forth requirements for coal preparation plants not within the permit area for a specific mine other than those plants which are located at the site of ultimate coal use. (Source: Added at 11 Ill. Reg. 8511, effective July 1, 1987)

Section 1827.11 Applicability Each person who operates a coal preparation plant subject to this Part shall obtain a permit in accordance with 62 Ill. Adm. Code 1785.21, obtain a bond in accordance with 62 Ill. Adm. Code 1800, and operate that plant in accordance with the requirem…

Section 1827.12 Coal Preparation Plants: Performance Standards Construction, operation, maintenance, modification, reclamation, and removal activities at operations covered by this Part shall comply with the following: a) Signs and markers for the coal preparation plant, coal pro…

Section 1828.1 Scope This Part sets forth special environmental protection performance, reclamation and design standards for in situ processing activities. (Source: Added at 11 Ill. Reg. 8517, effective July 1, 1987)

Section 1828.11 In Situ Processing: Performance Standards a) The person who conducts in situ processing activities shall comply with 62 Ill. Adm. Code 1817 and this Section. b) In situ processing activities shall be planned and conducted to minimize disturbance to the prevailing …

Section 1828.12 In Situ Processing: Monitoring a) Each person who conducts in situ processing activities shall monitor the quality and quantity of surface and ground water and the subsurface flow and storage characteristics, in a manner approved by the Department under 62 Ill. Ad…

Section 1828.2 Objectives This Part is intended to ensure that all in situ processing activities are conducted in a manner which preserves and enhances environmental values in accordance with the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1257) et seq.) (the Ac…

Section 1840.1 Scope This Part sets forth the Illinois Department of Natural Resources' (Department) monitoring, reporting, inspection, and enforcement regulations for surface coal mining and reclamation operations, for coal exploration operations which substantially disturb the …

Section 1840.11 Inspections by the Department a) The Department shall conduct an average of at least one partial inspection per month of each active surface coal mining and reclamation operation under its jurisdiction and shall conduct partial inspections of each inactive surface…

Section 1840.12 Right of Entry a) Within its jurisdiction, the Department has statutory authority that grants its representatives a right of entry to, upon, and through any coal exploration or surface coal mining and reclamation operation without advance notice or search warrant,…

Section 1840.14 Availability of Records a) The Department shall make available to the Office of Surface Mining Reclamation and Enforcement (OSMRE), upon request, copies of all documents relating to applications for and approvals of existing, new, or revised coal exploration appro…

Section 1840.15 Citizens' Request for State Inspections a) A person may request a State inspection under Section 8.06(a) of the State Act, by furnishing to the Department a signed, written statement (or an oral report followed by a signed, written statement) giving the authorized…

Section 1840.16 Review of Adequacy and Completeness of Inspections Any person who is or may be adversely affected by a surface coal mining and reclamation operation or a coal exploration operation may notify the Department in writing of any alleged failure on the part of the Depa…

Section 1840.17 Review of Decision Not to Inspect or Enforce a) Any person who is or may be adversely affected by a coal exploration operation or surface coal mining and reclamation operation may ask the Director or his or her designee to review informally an authorized represent…

Section 1840.2 Monitoring and Reporting Whenever the Department has reason to believe that compliance with 62 Ill. Adm. Code 1700 - 1850 or any requirement of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1201 et seq.) (Federal Act) is not being achieved, the …

Section 1843.11 Cessation Orders a) Imminent harm and danger 1) An authorized representative of the Illinois Department of Natural Resources (Department) shall immediately order a cessation of surface coal mining and reclamation operations or of the relevant portion thereof, if h…

Section 1843.12 Notices of Violation a) An authorized representative of the Department shall issue a notice of violation if, on the basis of a State inspection carried out during the enforcement of a State program, he or she finds a violation of the Federal Act, the State Act, or…

Section 1843.13 Suspension or Revocation of Permits a) Requirements. 1) The Department shall issue an order to a permittee requiring him to show cause why his permit and right to mine under the State Act should not be suspended or revoked, if the Department determines that a patt…

Section 1843.14 Service of Notices of Violation, Cessation Orders, and Show Cause Orders a) A notice of violation, cessation order or show cause order shall be served on the person to whom it is directed or his designated agent promptly after issuance, as follows: 1) By tendering…

Section 1843.15 Informal Public Hearing a) Except as provided in subsections (b) and (c), a notice of violation or cessation order which requires cessation of mining, expressly or by necessary implication, shall expire within thirty (30) days after it is served unless an informal…

Section 1843.16 Formal Review of Citations (Repealed) (Source: Repealed at 17 Ill. Reg. 11095, effective July 1, 1993)

Section 1843.17 Temporary Injunctive Relief (Repealed) (Source: Repealed at 17 Ill. Reg. 11095, effective July 1, 1993)

Section 1843.18 Inability to Comply a) No cessation order or notice of violation issued under this Part may be vacated because of inability to comply. b) Inability to comply may not be considered in determining whether a pattern of violations exists. c) Unless caused by lack of d…

Section 1843.19 Injunctive Relief (Repealed) (Source: Repealed at 11 Ill. Reg. 8536, effective July 1, 1987)

Section 1843.20 Intervention (Repealed) (Source: Repealed at 17 Ill. Reg. 11095, effective July 1, 1993)

Section 1843.21 Discovery (Repealed) (Source: Repealed at 17 Ill. Reg. 11095, effective July 1, 1993)

Section 1843.22 Petitions for Award of Costs and Expenses Under Section 525(e) of the Federal Act a) Who may file. Any person may file a petition for award of costs and expenses including attorneys' fees reasonably incurred as a result of that person's participation in any admini…

Section 1843.23 Enforcement Actions at Abandoned Sites The Department may refrain from issuing a notice of violation or cessation order for a violation at an abandoned site, as defined in 62 Ill. Adm. Code 1840.11(g), if abatement of the violation is required under any previously…

Section 1845.1 Scope This Part covers the assessment of civil penalties under Section 8.04 of the Surface Coal Mining Land Conservation and Reclamation Act (Ill. Rev. Stat. 1985, ch. 96½, pars. 7901.01 et seq.) (the State Act) with respect to cessation orders and notices of viola…

Section 1845.11 How Assessments are Made The Illinois Department of Natural Resources (Department) shall review each notice of violation and cessation order in accordance with the provisions set forth in Sections 1845.12 through 1845.17 to determine whether a civil penalty will b…

Section 1845.12 When Penalty Will be Assessed a) The Department shall assess a penalty for each cessation order. b) The Department shall assess a penalty for a notice of violation if an assessment of one thousand, one hundred dollars ($1,100.00) or more is derived in accordance w…

Section 1845.13 Factors to be Considered in Assessing Civil Penalties a) The Department shall take into account the factors contained in subsection (b) to determine the amount of the penalty, and except violations cited in a cessation order issued under 62 Ill. Adm. Code 1843, wh…

Section 1845.14 Determination of Amount of Penalty: Assessment of Separate Violations for Each Day (Repealed) (Source: Repealed at 11 Ill. Reg. 8014, effective July 1, 1987)

Section 1845.15 Assessment of Separate Civil Penalties for Each Day a) The Department may assess separately a civil penalty for each day from the date of issuance of the notice of violation or cessation order to the date set for abatement of the violation. In determining whether …

Section 1845.17 Procedures for Assessment of Civil Penalties a) Within fifteen (15) days of service of a notice or order, the person to whom it was issued may submit written information about the violation to the Department. The Department shall consider any information so submit…

Section 1845.18 Payment of Assessment; Hearing Request Deadline a) Within thirty (30) days after receipt of the proposed penalty assessment, the person for whom the proposed penalty was assessed shall either: 1) pay the proposed penalty assessment to the Department; or 2) if the …

Section 1845.19 Procedures for Hearing (Repealed) (Source: Repealed at 17 Ill. Reg. 10926, effective July 1, 1993)

Section 1845.2 Objective Civil penalties are assessed under Section 8.04 of the State Act and this Part for the purpose of aiding in the administration of the State Act. (Source: Amended at 11 Ill. Reg. 8014, effective July 1, 1987)

Section 1845.20 Final Assessment and Payment of Penalty a) If the person to whom a notice of violation or cessation order is issued fails to request a hearing as provided in 62 Ill. Adm. Code 1847.5, the proposed assessment shall become a final administrative decision of the Depa…

Section 1846.1 Scope This Part covers the Illinois Department of Natural Resources (Department) assessment of individual civil penalties under Section 8.04(f) of the Surface Coal Mining Land Conversation and Reclamation Act (State Act) [225 ILCS 720/8.04(f)].

Section 1846.12 When an individual civil penalty may be assessed a) Except as provided in subsection (b), the Department may assess an individual civil penalty against any corporate director, officer or agent of a corporate permittee who knowingly and willfully authorized, ordere…

Section 1846.14 Amount of individual civil penalty a) In determining the amount of an individual civil penalty assessed under Section 1846.12, the Department shall consider the criteria specified in Section 8.04(a) of the State Act including: 1) The individual's history of author…

Section 1846.17 Procedure for assessment of individual civil penalty. a) Notice. The Department shall service on each individual to be assessed an individual civil penalty a notice of proposed individual civil penalty assessment, including a narrative explanation of the reasons f…

Section 1846.18 Payment of penalty a) No abatement or appeal. If a notice of proposed individual civil penalty assessment becomes a final administrative decision in the absence of a petition for review or abatement agreement, the penalty shall be due upon issuance of the Departme…

Section 1846.5 Definitions For purposes of this Part: a) Knowingly means that an individual knew or had reason to know in authorizing, ordering or carrying out an act or omission on the part of a corporate permittee that such act or omission constituted a violation, failure or re…

Section 1847.1 Scope Proceedings under this Part are subject to the general rules relating to procedure and practice at 62 Ill. Adm. Code 1848 and to Article 10 of the Illinois Administrative Procedure Act (Ill. Rev. Stat. 1991, ch. 127, pars. 1010-5 et seq., including P.A. 87-82…

Section 1847.2 Construction These rules shall be construed to achieve the just, timely and inexpensive determination of all proceedings consistent with adequate consideration of the issues involved.

Section 1847.3 Permit and Related Administrative Hearings a) Within 30 days after an applicant is mailed written notice of the Department's final decision concerning an application for approval of exploration required under 62 Ill. Adm. Code 1772, a permit for surface coal mining…

Section 1847.4 Citation Hearings a) A person issued a notice of violation or cessation order under 62 Ill. Adm. Code 1843.11 or 1843.12, or a person having an interest which is or may be adversely affected by the issuance, modification, vacation, or termination of a notice of vio…