Chapter 225 — PROFESSIONS, OCCUPATIONS, AND BUSINESS OPERATIONS

(225 ILCS 710/9.01) (from Ch. 96 1/2, par. 4215) Sec. 9.01. Duty to visit. It shall be the duty of each inspector in each district to personally visit every active mine not less than once every 3 months or as often as he or she deems it is necessary to assure the safety of people…

(225 ILCS 710/9.02) (from Ch. 96 1/2, par. 4216) Sec. 9.02. For the purpose of ascertaining facts in connection with any inspection, inquiry, or examination, the inspector shall have full power to compel the attendance of witnesses by subpoena, to take depositions on the service …

(225 ILCS 715/1) (from Ch. 96 1/2, par. 4501) Sec. 1. Short title. This Act may be cited as the Surface-Mined Land Conservation and Reclamation Act. (Source: P.A. 86-1475.)

(225 ILCS 715/10) (from Ch. 96 1/2, par. 4511) Sec. 10. Administration. (a) In addition to the duties and powers of the Department prescribed by the Civil Administrative Code of Illinois, it shall have full power and authority to carry out and administer the provisions of this Ac…

(225 ILCS 715/11) (from Ch. 96 1/2, par. 4512) Sec. 11. Bond forfeiture proceedings-Pre-requisites. The Attorney General, upon request of the Department, shall institute proceedings to have the bond of the operator forfeited for violation by the operator of any of the provisions …

(225 ILCS 715/12) (from Ch. 96 1/2, par. 4513) Sec. 12. Rules. (a) The Department may adopt and promulgate reasonable rules respecting the administration of this Act, and in conformity therewith. (b) Rules adopted by the Department shall not apply retroactively. Any operator shal…

(225 ILCS 715/13) (from Ch. 96 1/2, par. 4515) Sec. 13. Penalties- Injunction. Any person required by this Act to have a permit who engages in surface mining without previously securing a permit to do so as prescribed by this Act, is guilty of a business offense and shall be fine…

(225 ILCS 715/13a) (from Ch. 96 1/2, par. 4516) Sec. 13a. Review by court. All final administrative decisions of the Department hereunder shall be subject to judicial review pursuant to the provisions of the Administrative Review Law, and all amendments and modifications thereof,…

(225 ILCS 715/14) (from Ch. 96 1/2, par. 4517) Sec. 14. Transition provision. All permits, bonds, plans, duties and requirements pursuant to "The Open Cut Land Reclamation Act", approved August 10, 1961, as amended, and "The Surface-Mined Land Reclamation Act", approved April 6, …

(225 ILCS 715/15) (from Ch. 96 1/2, par. 4518) Sec. 15. (Repealed). (Source: P.A. 77-1568. Repealed by P.A. 91-938, eff. 1-11-01.)

(225 ILCS 715/16) (from Ch. 96 1/2, par. 4519) Sec. 16. Severability clause. If any Section, subdivision, clause, sentence or paragraph in this Act shall be held to be unconstitutional, the unconstitutionality thereof shall not affect the remaining parts of this Act. (Source: P.A…

(225 ILCS 715/17) (from Ch. 96 1/2, par. 4520) Sec. 17. a. The Director and the Land Reclamation Division within the Department of Natural Resources shall have the power and duty to act as the regulatory authority for the State of Illinois, under the Surface Mining Control and Re…

(225 ILCS 715/2) (from Ch. 96 1/2, par. 4502) Sec. 2. Statement of policy. It is declared to be the policy of this State to provide for conservation and reclamation of lands affected by surface mining in order to restore them to optimum future productive use and to provide for th…

(225 ILCS 715/3) (from Ch. 96 1/2, par. 4503) Sec. 3. Definitions. Wherever used or referred to in this Act, unless a different meaning clearly appears from the context: (a) "Reclamation" means conditioning areas affected by surface mining to achieve the purposes of this Act. (b)…

(225 ILCS 715/4) (from Ch. 96 1/2, par. 4504) Sec. 4. Necessity of permit. It shall be unlawful for any operator to engage in surface mining in an area where the overburden shall exceed 10 feet in depth or where the operation will affect more than 10 acres during the permit year …

(225 ILCS 715/4.1) (from Ch. 96 1/2, par. 4505) Sec. 4.1. (Repealed). (Source: P.A. 91-357, eff. 7-29-99. Repealed by P.A. 91-938, eff. 1-11-01.)

(225 ILCS 715/5) (from Ch. 96 1/2, par. 4506) Sec. 5. Application for permit; bond; fee; permit. (a) Application for a permit shall be made upon a form furnished by the Department, which form shall contain a description of the tract or tracts of land and the estimated number of a…

(225 ILCS 715/6) (from Ch. 96 1/2, par. 4507) Sec. 6. Duties of operator. Every operator to whom a permit is issued pursuant to the provisions of this Act may engage in surface mining upon the lands described in the permit upon the performance of and subject to the following requ…

(225 ILCS 715/6.5) Sec. 6.5. Blasting operations; regulation. (a) Blasting operations at permitted and unpermitted sites operated by the aggregate mining industry shall be conducted only in accordance with existing State and federal law and rules promulgated by the Department wit…

(225 ILCS 715/7) (from Ch. 96 1/2, par. 4508) Sec. 7. Entry upon lands for inspection. The Department, or its accredited representatives, may enter upon the lands of the operator at all reasonable times for the purpose of inspection, to determine whether the provisions of this Ac…

(225 ILCS 715/8) (from Ch. 96 1/2, par. 4509) Sec. 8. Bond of operator; amount; sufficiency of surety; violations; compliance. Any bond herein provided to be filed with the Department by the operator shall be in such form as the Director prescribes, payable to the People of the S…

(225 ILCS 715/9) (from Ch. 96 1/2, par. 4510) Sec. 9. Fees and forfeitures; deposit. All fees and penalties collected under the provisions of this Act shall be deposited into the Aggregate Operations Regulatory Fund. All forfeitures collected under the provisions of this Act shal…

(225 ILCS 720/1.01) (from Ch. 96 1/2, par. 7901.01) Sec. 1.01. Short Title. This Act may be cited as the Surface Coal Mining Land Conservation and Reclamation Act. (Source: P.A. 86-1475.)

(225 ILCS 720/1.02) (from Ch. 96 1/2, par. 7901.02) Sec. 1.02. Legislative Declaration. (a) It is declared to be the policy of this State to provide for conservation and reclamation of lands affected by surface and underground coal mining in order to restore them to optimum futur…

(225 ILCS 720/1.03) (from Ch. 96 1/2, par. 7901.03) Sec. 1.03. Definitions. (a) Whenever used or referred to in this Act, unless a different meaning clearly appears from the context: (1) "Affected land" means: (A) in the context of surface mining operations, the areas described i…

(225 ILCS 720/1.04) (from Ch. 96 1/2, par. 7901.04) Sec. 1.04. (Repealed). (Source: P.A. 90-490, eff. 8-17-97. Repealed by P.A. 93-168, eff. 7-10-03.)

(225 ILCS 720/1.05) (from Ch. 96 1/2, par. 7901.05) Sec. 1.05. Interagency Committee. There is created the Interagency Committee on Surface Mining Control and Reclamation, which shall consist of the Director (or Division Head) of each of the following State agencies: (a) the Depa…

(225 ILCS 720/1.06) (from Ch. 96 1/2, par. 7901.06) Sec. 1.06. Scope of the Act. This Act shall apply to all mining operations, except: (a) the private non-commercial extraction of coal by a landowner or lessee where 250 tons or less of coal are removed in any 12 consecutive mont…

(225 ILCS 720/1.07) (from Ch. 96 1/2, par. 7901.07) Sec. 1.07. Construction. As provided in Section 1.02, this Act shall be construed to fully comply and be consistent with the requirements of the Federal Surface Mining Control and Reclamation Act of 1977 (Public Law 95-87) and t…

(225 ILCS 720/2.01) (from Ch. 96 1/2, par. 7902.01) Sec. 2.01. 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) (from Ch. 96 1/2, par. 7902.02) Sec. 2.02. 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 Dep…

(225 ILCS 720/2.03) (from Ch. 96 1/2, par. 7902.03) Sec. 2.03. Reclamation Plan. (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 …

(225 ILCS 720/2.04) (from Ch. 96 1/2, par. 7902.04) Sec. 2.04. 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 loca…

(225 ILCS 720/2.05) (from Ch. 96 1/2, par. 7902.05) Sec. 2.05. Application Fee. 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 b…

(225 ILCS 720/2.06) (from Ch. 96 1/2, par. 7902.06) Sec. 2.06. 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…

(225 ILCS 720/2.07) (from Ch. 96 1/2, par. 7902.07) Sec. 2.07. Renewals. (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…

(225 ILCS 720/2.08) (from Ch. 96 1/2, par. 7902.08) Sec. 2.08. 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 …

(225 ILCS 720/2.09) (from Ch. 96 1/2, par. 7902.09) Sec. 2.09. Permit Revision. (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 re…

(225 ILCS 720/2.10) (from Ch. 96 1/2, par. 7902.10) Sec. 2.10. 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 m…

(225 ILCS 720/2.11) (from Ch. 96 1/2, par. 7902.11) Sec. 2.11. 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…

(225 ILCS 720/3.01) (from Ch. 96 1/2, par. 7903.01) Sec. 3.01. General Requirement. Each person conducting surface mining operations shall as a minimum comply with all applicable performance standards set forth in this Article. Each permit issued under this Act to conduct surface…

(225 ILCS 720/3.02) (from Ch. 96 1/2, par. 7903.02) Sec. 3.02. Coal Utilization. Surface mining operations shall be conducted so as to maximize the utilization and conservation of the solid fuel resource being recovered so that reaffecting the land in the future through surface m…

(225 ILCS 720/3.03) (from Ch. 96 1/2, par. 7903.03) Sec. 3.03. Land Use. Affected land shall be restored to a condition capable of supporting the uses which it was capable of supporting prior to any mining, or higher or better uses of which there is reasonable likelihood, so long…

(225 ILCS 720/3.04) (from Ch. 96 1/2, par. 7903.04) Sec. 3.04. Grading. (a) Affected land shall be backfilled, compacted (where advisable to insure stability or to prevent leaching of toxic materials), and graded in order to restore the approximate original contour of the land. A…

(225 ILCS 720/3.05) (from Ch. 96 1/2, par. 7903.05) Sec. 3.05. Stabilization. All surface areas, including spoil piles, affected by the surface mining and reclamation operation shall be stabilized and protected to effectively control erosion and attendant air and water pollution.…

(225 ILCS 720/3.06) (from Ch. 96 1/2, par. 7903.06) Sec. 3.06. Topsoil. (a) The topsoil shall be removed from the land in a separate layer, replaced on the backfill area, or if not used immediately, segregated in a separate pile from other spoil. When the topsoil is not replaced …

(225 ILCS 720/3.07) (from Ch. 96 1/2, par. 7903.07) Sec. 3.07. Prime Farmlands and High Capability Lands. (a) For all prime farmlands to be mined and reclaimed, the operator shall, as a minimum, (1) segregate the A horizon of the natural soil, except where it can be shown that ot…

(225 ILCS 720/3.08) (from Ch. 96 1/2, par. 7903.08) Sec. 3.08. Runoff Water. (a) All runoff water from affected areas shall be impounded, drained, or treated so as to reduce soil erosion, damage to unmined lands, and pollution of streams and other waters. The operator shall const…

(225 ILCS 720/3.09) (from Ch. 96 1/2, par. 7903.09) Sec. 3.09. Augering. Any augering operation associated with surface mining shall be conducted in a manner to maximize recoverability of mineral reserves remaining after mining operations and reclamation are complete. All auger h…

(225 ILCS 720/3.10) (from Ch. 96 1/2, par. 7903.10) Sec. 3.10. Hydrology. (a) Disturbances to the prevailing hydrologic balance at the mine-site and in associated offsite areas and to the quality and quantity of water in surface and ground water systems shall be minimized both du…