Chapter 225 — PROFESSIONS, OCCUPATIONS, AND BUSINESS OPERATIONS

(225 ILCS 720/3.11) (from Ch. 96 1/2, par. 7903.11) Sec. 3.11. Wastes. (a) With respect to surface disposal of mine wastes, tailings, coal processing wastes, and other wastes in areas other than the mine working or excavations, the operator shall stabilize all waste piles in desi…

(225 ILCS 720/3.12) (from Ch. 96 1/2, par. 7903.12) Sec. 3.12. Nearby Mines. Surface mining shall not be permitted within five hundred feet from active and abandoned underground mines except as provided in this Section. The Department may permit an operator to mine near, through …

(225 ILCS 720/3.13) (from Ch. 96 1/2, par. 7903.13) Sec. 3.13. Explosives. (a) Explosives shall be used only in accordance with existing State and Federal law and rules promulgated by the Department. Such rules shall include provisions to- (1) provide adequate advance written not…

(225 ILCS 720/3.14) (from Ch. 96 1/2, par. 7903.14) Sec. 3.14. Roads and Ditches. (a) The construction, maintenance, and postmining conditions of roads into and across the site of mining operations shall control or prevent erosion and siltation, pollution of water, damage to fish…

(225 ILCS 720/3.15) (from Ch. 96 1/2, par. 7903.15) Sec. 3.15. Vegetation. (a) A suitable, diverse, effective, and permanent vegetative cover of the same seasonal variety native to the area of affected land shall be established on all regraded areas, and all other land affected. …

(225 ILCS 720/3.16) (from Ch. 96 1/2, par. 7903.16) Sec. 3.16. Offsite Areas. (a) Offsite areas shall be protected from slides or damage occurring during surface mining and reclamation operations. (b) Surface mining operations that remove and do not replace the lateral support sh…

(225 ILCS 720/3.17) (from Ch. 96 1/2, par. 7903.17) Sec. 3.17. Excess Spoil. All excess spoil material resulting from surface mining and reclamation activities shall be placed in such a manner that: (a) spoil is transported and placed in a controlled manner in position for concur…

(225 ILCS 720/3.18) (from Ch. 96 1/2, par. 7903.18) Sec. 3.18. Fish, Wildlife, and Related Environmental Values. To the extent possible using the best technology currently available, the operator shall minimize disturbances and adverse impacts of the operation on fish, wildlife, …

(225 ILCS 720/3.19) (from Ch. 96 1/2, par. 7903.19) Sec. 3.19. Natural Barriers. An undisturbed natural barrier shall be provided beginning at the elevation of the lowest coal seam to be mined and extending from the outslope for such distance as the Department determines shall be…

(225 ILCS 720/3.20) (from Ch. 96 1/2, par. 7903.20) Sec. 3.20. Illinois Environmental Protection Act. All requirements of the Illinois Environmental Protection Act, and of rules and regulations thereunder, shall be complied with fully at all times during mining, reclamation, and …

(225 ILCS 720/3.21) (from Ch. 96 1/2, par. 7903.21) Sec. 3.21. Signs. Each permittee shall conspicuously maintain at each entrance to the surface mining and reclamation operations a clearly visible sign which sets forth the name, business address, and phone number of the permitte…

(225 ILCS 720/3.22) (from Ch. 96 1/2, par. 7903.22) Sec. 3.22. Other Criteria. The operator shall meet such other criteria required by the Department for a particular site as are necessary to achieve reclamation in accordance with the purposes of this Act, taking into considerati…

(225 ILCS 720/3.23) (from Ch. 96 1/2, par. 7903.23) Sec. 3.23. Steep-Slope Mining. (a) This Section applies to steep-slope surface mining. A steep slope is a slope greater than 20 degrees. The standards set forth in this Section are in addition to the other performance standards …

(225 ILCS 720/3.24) (from Ch. 96 1/2, par. 7903.24) Sec. 3.24. Water Rights. (a) Nothing in this Act shall be construed as affecting in any way the right of any person to enforce or protect, under applicable law, his interest in water resources affected by a surface mining operat…

(225 ILCS 720/3.25) (from Ch. 96 1/2, par. 7903.25) Sec. 3.25. Timing of Reclamation. (a) Reclamation efforts on all land that is disturbed by surface mining operations shall proceed in an environmentally sound manner and as contemporaneously as practicable with the surface minin…

(225 ILCS 720/3.26) (from Ch. 96 1/2, par. 7903.26) Sec. 3.26. Variances for Joint Surface and Underground Mining. (a) Where the applicant proposes to combine surface mining operations with underground mining operations to assure maximum practical recovery of the mineral resource…

(225 ILCS 720/4.01) (from Ch. 96 1/2, par. 7904.01) Sec. 4.01. General Requirement. Each person conducting underground 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 und…

(225 ILCS 720/4.02) (from Ch. 96 1/2, par. 7904.02) Sec. 4.02. Subsidence. Each operator shall adopt measures consistent with known technology in order to prevent subsidence causing material damage to the extent technologically and economically feasible, maximize mine stability, …

(225 ILCS 720/4.03) (from Ch. 96 1/2, par. 7904.03) Sec. 4.03. Sealing Openings. All portals, entryways, drifts, shafts, or other openings between the surface and underground mine working shall be sealed when no longer needed for the conduct of the underground mining operations. …

(225 ILCS 720/4.04) (from Ch. 96 1/2, par. 7904.04) Sec. 4.04. Exploratory Holes. All exploratory holes no longer necessary for underground mining shall be filled or sealed, maximizing to the extent technologically and economically feasible return of mine and processing waste, ta…

(225 ILCS 720/4.05) (from Ch. 96 1/2, par. 7904.05) Sec. 4.05. Wastes. (a) With respect to surface disposal of mine wastes, tailings, coal processing wastes, and other wastes in areas other than the mine workings or excavations, all waste piles created by the permittee from curre…

(225 ILCS 720/4.06) (from Ch. 96 1/2, par. 7904.06) Sec. 4.06. Vegetation. On regraded areas and all other lands affected, there shall be established a diverse and permanent vegetative cover capable of self-regeneration and plant succession and at least equal in extent of cover t…

(225 ILCS 720/4.07) (from Ch. 96 1/2, par. 7904.07) Sec. 4.07. Offsite Areas. Offsite areas shall be protected from damages which may result from underground mining operations. (Source: P.A. 81-1015.)

(225 ILCS 720/4.08) (from Ch. 96 1/2, par. 7904.08) Sec. 4.08. Hazards. Fire hazards and other conditions which constitute a hazard to health and safety of the public shall be eliminated. (Source: P.A. 81-1015.)

(225 ILCS 720/4.09) (from Ch. 96 1/2, par. 7904.09) Sec. 4.09. Hydrology. The operator shall minimize the disturbances of the prevailing hydrologic balance at the minesite and in associated offsite areas and to the quantity of water in surface and ground water systems both during…

(225 ILCS 720/4.10) (from Ch. 96 1/2, par. 7904.10) Sec. 4.10. Suspension of Operations in Urbanized Areas. In order to protect the stability of the land, the Department shall suspend underground coal mining operations under urbanized areas, cities, towns, and communities and adj…

(225 ILCS 720/4.11) (from Ch. 96 1/2, par. 7904.11) Sec. 4.11. Other Impacts. (a) With respect to other surface impacts of underground mining operations not specified in this Article, including but not limited to the construction of new roads or the improvement or use of existing…

(225 ILCS 720/5.01) (from Ch. 96 1/2, par. 7905.01) Sec. 5.01. Exploration Rules. This Article applies to coal exploration operations which substantially disturb the natural land surface. Such operations shall be conducted in accordance with exploration rules adopted by the Depar…

(225 ILCS 720/5.02) (from Ch. 96 1/2, par. 7905.02) Sec. 5.02. Notice. The Department's coal exploration rules shall provide that prior to conducting coal exploration operations a notice of intention to explore shall be filed with the Department. Such notice shall include a descr…

(225 ILCS 720/5.03) (from Ch. 96 1/2, par. 7905.03) Sec. 5.03. Approval. The Department's coal exploration rules shall provide that prior to conducting any coal exploration in which at least 250 tons of coal will be removed, prior approval of such exploration shall be obtained fr…

(225 ILCS 720/5.04) (from Ch. 96 1/2, par. 7905.04) Sec. 5.04. Performance Standards. The Department's coal exploration rules shall require reclamation in accordance with the performance standards in Article III and IV of all lands disturbed in coal exploration, including excavat…

(225 ILCS 720/5.05) (from Ch. 96 1/2, par. 7905.05) Sec. 5.05. Confidential Information. Information submitted to the Department under this Article as confidential concerning trade secrets or privileged commercial or financial information which relates to the competitive rights o…

(225 ILCS 720/5.06) (from Ch. 96 1/2, par. 7905.06) Sec. 5.06. Penalties. Any person who conducts any coal exploration activities which substantially disturb the natural land surface in violation of this Article shall be subject to the provisions of Section 8.04. (Source: P.A. 81…

(225 ILCS 720/6.01) (from Ch. 96 1/2, par. 7906.01) Sec. 6.01. Requirement of a Bond. (a) After a mining and reclamation permit application has been approved but before a permit is issued, the applicant shall file with the Department, on a form prescribed and furnished by the Dep…

(225 ILCS 720/6.02) (from Ch. 96 1/2, par. 7906.02) Sec. 6.02. Amount of Bond. The amount of the bond shall be determined by the Department. It shall be sufficient to assure the completion of the reclamation plan specified in the approved permit if the work has to be performed by…

(225 ILCS 720/6.03) (from Ch. 96 1/2, par. 7906.03) Sec. 6.03. Duration of Bond. (a) Liability under the bond shall be for the duration of the mining operations and reclamation, and for a period coincident with the operator's responsibility for revegetation requirements under the…

(225 ILCS 720/6.04) (from Ch. 96 1/2, par. 7906.04) Sec. 6.04. Cancellation. A bond with separate surety filed in accordance with this Article shall not be cancelled by the surety except after not less than 90 days notice to the Department. A surety shall not at any time cancel a…

(225 ILCS 720/6.05) (from Ch. 96 1/2, par. 7906.05) Sec. 6.05. Alternatives to a Bond. In lieu of a performance bond, the operator may deposit as security cash, negotiable government securities, or negotiable certificates of deposit of any bank organized or transacting business i…

(225 ILCS 720/6.06) (from Ch. 96 1/2, par. 7906.06) Sec. 6.06. Changes in Amount of Bond. The amount of the bond or cash and securities shall be increased or reduced from time to time as the land affected by mining operations changes, and as the cost of future reclamation changes…

(225 ILCS 720/6.07) (from Ch. 96 1/2, par. 7906.07) Sec. 6.07. Forfeiture. (a) The Attorney General, on 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 of this Act or for nonc…

(225 ILCS 720/6.08) (from Ch. 96 1/2, par. 7906.08) Sec. 6.08. Release of bonds. (a) A permittee may file a request with the Department for the release of all or part of a performance bond or deposit. Within 30 days after an application for such release has been filed with the De…

(225 ILCS 720/7.01) (from Ch. 96 1/2, par. 7907.01) Sec. 7.01. Prohibited Mining. (a) No person shall cause or allow any mining operations which will adversely affect any publicly owned park or places included in the National Register of Historic Sites unless approved by both the…

(225 ILCS 720/7.02) (from Ch. 96 1/2, par. 7907.02) Sec. 7.02. Criteria for Designating Lands Unsuitable for Mining Operations. (a) An area shall be designated as unsuitable for all or certain types of mining operations if the Department determines that reclamation in accordance …

(225 ILCS 720/7.03) (from Ch. 96 1/2, par. 7907.03) Sec. 7.03. Procedure for designation. (a) Any person having an interest which is or may be adversely affected shall have the right to petition the Department to have an area designated as unsuitable for all or certain types of m…

(225 ILCS 720/7.04) (from Ch. 96 1/2, par. 7907.04) Sec. 7.04. Land Report. (a) The Department shall prepare a Land Report with respect to each petition filed with the Department under Section 7.03. Each Land Report shall evaluate whether mining operations on the land which is th…

(225 ILCS 720/7.05) (from Ch. 96 1/2, par. 7907.05) Sec. 7.05. Construction. The provisions of this Article, including the provisions of subsection (e) of Section 7.01 and subsection (e) of Section 7.02, shall be construed in a manner consistent with the provisions of Section 522…

(225 ILCS 720/8.01) (from Ch. 96 1/2, par. 7908.01) Sec. 8.01. Inspection. (a) The Department, including its authorized representatives, without advance notice and on presentation of appropriate credentials (1) may enter any mining and reclamation operations or any premises in wh…

(225 ILCS 720/8.02) (from Ch. 96 1/2, par. 7908.02) Sec. 8.02. Records. (a) In accordance with rules adopted by the Department, each permittee shall (1) establish and maintain appropriate records, (2) make monthly reports to the Department, (3) install, use, and maintain any nece…

(225 ILCS 720/8.03) (from Ch. 96 1/2, par. 7908.03) Sec. 8.03. Violation Reports. Each inspector, on detection of each violation of any requirement of this Act or a permit, shall forthwith inform the operator in writing, and shall report in writing any such violation to the Depar…

(225 ILCS 720/8.04) (from Ch. 96 1/2, par. 7908.04) Sec. 8.04. Civil and Criminal Penalties. (a) Any permittee who violates any permit condition or who violates any provision of this Act or rules adopted under this Act, may be assessed a civil penalty by the Department for the pu…