ILLINOIS REGULATORY PROGRAM ILLINOIS COMPILED STATUTES PROFESSIONS AND OCCUPATIONS SURFACE COAL MINING LAND CONSERVATION AND RECLAMATION ACT. 225 ILCS 720/ ARTICLE I: GENERAL PROVISIONS Sec. 1.01. Short Title. (225 ILCS 720/1.01) Sec. 1.02. Legislative Declaration. (225 ILCS 720/1.02) Sec. 1.03. Definitions. (225 ILCS 720/1.03) Sec. 1.04. Advisory Council on Reclamation. (225 ILCS 720/1.04) Sec. 1.05. Interagency Committee. (225 ILCS 720/1.05) Sec. 1.06. Scope of the Act. (225 ILCS 720/1.06) Sec. 1.07. Construction. (225 ILCS 720/1.07) NOTE: Cross references to OSM's federal regulations and SMCRA appear in double braces to the right of the Rule or Section number, e.g., "Sec. 4.06. VEGETATION. (225 ILCS 720/4.06) {{ SMCRA Sec. 516 }}". The cross references were compiled using the preambles to OSM's approval of amendments to the Illinois regulatory program published in the Federal Register and from the file of Illinois regulatory material in the COALEX Library in LexisNexis. Sec. 1.01. SHORT TITLE. (225 ILCS 720/1.01) This Act may be cited as the Surface Coal Mining Land Conservation and Reclamation Act. (Source: P.A. 86-1475.) Sec. 1.02. LEGISLATIVE DECLARATION. (225 ILCS 720/1.02) (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 future productive use and to provide for their return to productive use including but not limited to: the planting of forests; the seeding of grasses and legumes for grazing purposes; the planting of crops for harvest; the enhancement of wildlife and aquatic resources; the establishment of recreational, residential and industrial sites; the establishment of new bodies of water for recreational, agricultural, and wildlife conservation purposes; and for the conservation, development, management, and appropriate use of all the natural resources of such areas for compatible multiple purposes, to aid in maintaining or improving the tax base; and protecting the health, safety and general welfare of the people, the natural beauty and aesthetic values, and enhancement of the environment in the affected areas of the State; to prevent erosion, stream pollution, water, air and land pollution and other injurious effects to persons, property, wildlife and natural resources; to assure that the coal supply essential to the Nation's and State's energy requirements, and to their economic well-being is provided; to strike a balance between protection of the environment and agricultural productivity, and the Nation's need for coal as a source of energy; and to assure that land conservation and reclamation plans for all mining operations are available for the prior consideration of the public, and of county governments within whose jurisdiction such lands will be affected by coal mining. (b) It is the purpose of this Act to implement these policies through methods and standards that fully comply with the requirements established by the United States Congress in the Surface Mining Control and Reclamation Act of 1977. ( c) It is also the purpose of this Act to establish requirements that are no more stringent than those required to meet the Federal Surface Mining Control and Reclamation Act of 1977 (PL 95-87). (Source: P.A. 81-1015.) Sec. 1.03. DEFINITIONS. (225 ILCS 720/1.03) {{ SMCRA Sec. 701 }} (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 in Section 1.03(a)(24)(B), and (B) in the context of underground mining operations, surface areas on which such operations occur or where such activities disturb the natural land surface. (2) "Approximate original contour" means that surface configuration achieved by backfilling and grading of the mined area so that the reclaimed area, including any terracing or access roads, closely resembles the general surface configuration of the land prior to mining and blends into and compliments the drainage pattern of the surrounding terrain, with all highwalls and spoil piles eliminated. (3) "Article" means an Article of this Act. (4) "Department" means the Department of Natural Resources, or such department, bureau, or commission as may lawfully succeed to the powers and duties of such Department. (5) "Director" means the Director of the Department or such officer, bureau or commission as may lawfully succeed to the powers and duties of such Director. (6) "Federal Act" means the Federal Surface Mining Control and Reclamation Act of 1977 (Public Law 95-87). (7) "Imminent danger to the health and safety of the public" means the existence of any condition or practice, or any violation of a permit or other requirement of this Act in a mining and reclamation operation, which condition, practice, or violation could reasonably be expected to cause substantial physical harm to persons outside the permit area before such condition, practice, or violation can be abated. A reasonable expectation of death or serious injury before abatement exists if a rational person, subjected to the same conditions or practices giving rise to the peril, would not expose himself to the danger during the time necessary for abatement. (8) (Blank). (9) "Interagency Committee" means the Interagency Committee on Surface Mining Control and Reclamation created by Section 1.05. (9-a) "Lands eligible for remining" means those lands that would otherwise be eligible for expenditures under the Abandoned Mined Lands and Water Reclamation Act. (10) "Mining and reclamation operations" means mining operations and all activities necessary and incident to the reclamation of such operations. (11) "Mining operations" means both surface mining operations and underground mining operations. (12) "Operator" means any person engaged in coal mining, and includes political subdivisions, units of local government and instrumentalities of the State of Illinois, and public utilities. (13) "Permit" means a permit or a revised permit to conduct mining operations and reclamation issued by the Department under this Act. (14) "Permit applicant" or "applicant" means a person applying for a permit. (15) "Permit application" or "application" means an application for a permit under this Act. (16) "Permit area" means the land described in the permit. (17) "Permittee" means a person holding a permit. (18) "Permit term" means the period during which the permittee may engage in mining operations under a permit. (19) "Person" means an individual, partnership, copartnership, firm, joint venture, company, corporation, association, joint stock company, trust, estate, political subdivision, or any other public or private legal entity, or their legal representative, agent or assigns. (20) "Reclamation" means conditioning areas affected by mining operations to achieve the purposes of this Act. (21) "Reclamation plan" means a plan described in Section 2.03. (22) "Regulations" means regulations promulgated under the Federal Act. (23) "Section" means a section of this Act. (24) "Surface mining operations" means (A) activities conducted on the surface of lands in connection with a surface coal mine or surface operations. Such activities include excavation for the purpose of obtaining coal including such common methods as contour, strip, auger, mountaintop removal, box cut, open pit, and area mining, coal recovery from coal waste disposal areas, the uses of explosives and blasting, and in situ distillation or retorting, leaching or other chemical or physical processing, and the cleaning, concentrating, or other processing or preparation, loading of coal at or near the mine site; and (B) the areas on which such activities occur or where such activities disturb the natural land surface. Such areas include any adjacent land the use of which is incidental to any such activities, all lands affected by the construction of new roads or the improvement or use of existing roads to gain access to the site of such activities and for haulage, and excavations, workings, impoundments, dams, refuse banks, dumps, stockpiles, overburden piles, spoil banks, culm banks, tailings, holes or depressions, repair areas, storage areas, processing areas, shipping areas and other areas upon which are sited structures, facilities, or other property or materials on the surface, resulting from or incident to such activities. (25) "Toxic conditions" and "toxic materials" mean any conditions and materials that will not support higher forms of plant or animal life in any place in connection with or as a result of the completion of mining operations. (26) "Underground mining operations" means the underground excavation of coal and (A) surface operations incident to the underground extraction of coal, such as construction, use, maintenance, and reclamation of roads, above-ground repair areas, storage areas, processing areas, shipping areas, areas on which are sited support facilities including hoist and ventilation ducts, areas used for the storage and disposal of waste, and areas on which materials incident to underground mining operations are placed, and (B) underground operations incident to underground excavation of coal, such as underground construction, operation, and reclamation of shafts, adits, underground support facilities, in situ processing, and underground mining, hauling, storage, or blasting. (27) "Unwarranted failure to comply" means the failure of a permittee to prevent the occurrence of or to abate any violation of his permit or any requirement of this Act due to indifference, lack of diligence, or lack of reasonable care. (b) The Department shall by rule define other terms used in this Act if necessary or desirable to achieve the purposes of this Act. (Source: P.A. 90-490, eff. 8-17-97; 91-357, eff. 7-29-99.) Sec. 1.04. ADVISORY COUNCIL ON RECLAMATION. (225 ILCS 720/1.04) {{ SMCRA Sec. 707 }} (a) There is created the Surface Mining Advisory Council to consist of 9 members, plus the Director or his or her designee. Members of the Advisory Council shall be appointed by the Governor, with the advice and consent of the Senate. The members appointed to the Council shall represent the following interests: conservation, agriculture, surface coal mining industry, local government, environmental protection, the colleges and universities, underground coal mining industry, labor, and the general public. The members shall be knowledgeable concerning the nature of problems of mining operations and reclamation. The Council shall select from its members a chairperson and such other officers as it deems necessary. The term of membership on the Advisory Council shall be 3 years, except that the Governor may make initial appointments or fill vacancies for lesser terms so that at least 3 memberships expire annually. Members may be reappointed. Vacancies occurring on the Advisory Council shall be filled, as nearly as possible, with a person representing the interest of his or her predecessor on the Advisory Council. Members of the Council shall be reimbursed for ordinary and necessary expenses incurred in the performance of the Council's duties. Members of the Council shall, in addition, receive $100 a day for each day spent in the performance of their duties as Advisory Council members. (b) The Advisory Council shall meet at least 3 times in each calendar year on a date specified at least one week in advance of the meeting. A meeting may be called by the Director or on the request of a majority of Advisory Council members. ( c) The Council shall act solely as an advisory body to the Director and to the Land Reclamation Division of the Office of Mines and Minerals within the Department. The recommendations of the Council shall have no binding effect on the Director or on the Division of Land Reclamation. The advice, findings and recommendations of the Advisory Council shall be made public in a semi-annual report published by the Department. (d) The Department shall present proposed rules related to this Act, and proposed changes in such rules, to the Advisory Council for its comments before putting such rules or changes into effect, except for circumstances of emergency or other circumstances enumerated in subsection 5(b), (d) and (e) of The Illinois Administrative Procedure Act. (e) The Council shall review the Federal Act and the development and implementation of an approved permanent State program thereunder. The Council shall make its review and written recommendations to the Director. The Council may seek comment from affected persons and the public prior to making its recommendations. (f) If as a result of any final action by the Congress of the United States, any agency of the United States, or any court, any provision of the Federal Act or the Regulations is amended, modified, construed, or rendered inapplicable to mining and reclamation operations in this State, the Director shall forthwith call a meeting of the Council. The Council shall review such final action and its effect in this State. The Council shall recommend changes in this Act and the rules adopted under this Act which would cause application of this Act to reflect such final action. Pending formal amendment of this Act for reason stated in this subsection, the Director may administer this Act by emergency regulations in accordance with the purposes of this Act and in a manner consistent with any such final action of Congress, a federal agency or a court. (Source: P.A. 90-490, eff. 8-17-97.) Sec. 1.05. INTERAGENCY COMMITTEE. (225 ILCS 720/1.05) {{ SMCRA Sec. 503 }} 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 Department of Agriculture, (b) the Environmental Protection Agency, ( c) the Department of Commerce and Community Affairs, and (d) any other State Agency designated by the Director as having a programmatic role in the review or regulation of mining operations and reclamation whose comments are expected by the Director to be relevant and of material benefit to the process of reviewing permit applications under this Act. The Interagency Committee on Surface Mining Control and Reclamation shall be abolished on June 30, 1997. Beginning July 1, 1997, all programmatic functions formerly performed by the Interagency Committee on Surface Mining Control and Reclamation shall be performed by the Office of Mines and Minerals within the Department of Natural Resources, except as otherwise provided by Section 9.04 of this Act. (Source: P.A. 89-445, eff. 2-7-96; 90-490, eff. 8-17-97.) Sec. 1.06. SCOPE OF THE ACT. (225 ILCS 720/1.06) {{ SMCRA Sec. 528 }} 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 months; (b) the extraction of coal incidental to the extraction of other minerals where the coal does not exceed 16 2/3% of the total mineral tonnage mined; ( c) coal exploration on Federal lands; and (d) the extraction of coal on Federal lands except to the extent provided under a cooperative agreement with the United States in accordance with Section 9.03. (Source: P.A. 81-1015.) Sec. 1.07. CONSTRUCTION. (225 ILCS 720/1.07) 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 the provisions of Rule 1104 under "The Surface-Mined Land Conservation and Reclamation Act," approved September 17, 1971, as amended. (Source: P.A. 81-1015.)