Chapter I Department of Natural Resources

Part 100 Procedure in Administrative Proceedings

62 Ill. Adm. Code 100.10 Authority and Definitions

a) Authority

These Rules (hereinafter referred to as "Rules of Procedure") are hereby established and issued by the Director of the Department of Natural Resources pursuant to Section 2.14 of the Coal Mining Act of 1953, as amended, now in force in the State of Illinois, which empower the Director to "promulgate rules necessary for the effective and orderly conduct of hearings" held pursuant to the Act [225 ILCS 705/2.14].

b) Definitions

Whenever used or referred to in these Rules of Procedure, unless a different meaning clearly appears from the context:

"Act" means the Coal Mining Act of 1953, as amended;

"Adjudicatory Proceedings" means a proceeding including, but not restricted to a hearing or hearings, in which the legal rights, duties, or privileges of a party are, as required by the Act, determined by the Department;

"Board" means the Mining Board of the Department of Natural Resources, Office of Mines and Minerals of the State of Illinois or the Director of the Office of Mines and Minerals in his capacity as executive officer of said Board;

"Department" means the Department of Natural Resources of the State of Illinois;

"Director" means the Director of the Department of Natural Resources or duly appointed Acting Director, or, in his absence from the State or in any event of his incapacity to act, his next immediate subordinate statutory officer within said Department;

"Interested Person" means any individual, partnership, corporation, association, or public or private organization which has made a timely request to the Director for notice with respect to Rule-making proceedings under Section 2 of the Act;

"Party" means any person as defined in these Rules of Procedure, including the Director and the Department, who or which has filed a petition, application, complaint, or answer or has been granted leave to intervene in any proceeding conducted under these Rules of Procedure;

"Person" means any individual, partnership, corporation, association, public or private organization;

"Proceedings" means any formal or informal Board process as defined by Section 100.10(b) "ajudicatory proceedings" and "rule making proceedings" of these Rules of Procedure;

"Record" means that compilation of information presented to the Mining Board in any matter conducted pursuant to the Act, including, but not limited to, the transcript of any hearing, and any submissions data and documents;

"Respondent" means any party to an adjudicatory proceeding against whom a petition or complaint has been filed;

"Rule" means the whole or a part of the statement by the Department for general or particular applicability and future effect designed to implement or interpret the Act or Departmental policy under the Act; and

"Rule-making Proceedings" means the process of promulgating, interpreting, amending, or rescinding a rule.

62 Ill. Adm. Code 100.20 Initiating Action Before the Mining Board

a) Initiating Adjudicatory Proceeding - Complaints and Petitions

1. The Director may initiate action before the Board for adjudicatory proceedings under the Act by filing a complaint with the Board. The form and contents of such complaint shall be in accordance with Section 100.40(b) of this Part.

2. Pursuant to the provisions of the Act, including, but not limited to Sections 2.13, 4.24, 5.04, 6.14, and 7.05 and subject to those provisions, any person or persons may initiate action before the Board for adjudicatory proceedings under the Act by filing a formal petition for relief with the Director. The form and contents of such petition shall be in accordance with Section 100.40(c) of this Part. If such petition alleges a breach of any statute or any rule or regulation of the Department, the Director, if he so elects, may also file a complaint with the Board. Regardless of whether the Director elects to file such complaint, he shall, within five (5) days from receipt of any petition, file said petition with the Board.

b) Initiating Rule-making Proceedings

1. Any person or persons may initiate action for rule-making proceedings under the Act by filing an application for such rule-making with the Director. The form and contents of such application shall be in accordance with Section 100.40(a) of this Part. The Director, within sixty (60) days from receipt of such application, shall, at his discretion:

A) File said application with the Board;

B) Deny said application and transmit such denial and the reasons for same to the applicant; or

C) Amend such application and file said amended application with the Board, transmitting such amendments and the reasons for same to the applicant.

2. The Director may initiate action for rule-making proceedings under the Act by serving written notice as provided in Section 100.90(a) of these Rules of Procedure.

62 Ill. Adm. Code 100.30 Right to Counsel, Appearance, Substitution of Parties

a) Right to Counsel

1. Any party may appear and be heard through an attorney at law authorized to practice in the State of Illinois. In any proceeding before the Board:

A) Attorneys admitted to practice in States other than the State of Illinois may appear and be heard by special leave of the Board;

B) A natural person may appear and be heard on his own behalf; and

C) A corporation or association may appear and present evidence by a bona-fide officer, employee, or representative.

2. Only a person admitted to practice as an attorney at law shall represent anyone else in any proceeding before the Board in any matter involving the exercise of legal skill or knowledge. All persons appearing in proceedings before the Board shall conform to the standards of conduct of attorneys before the courts of the State of Illinois. If a person does not conform to such standards, the Board may decline to permit such person to appear in any proceeding or may exclude such person.

b) Appearance of Attorney

An attorney appearing in a representative capacity in any proceeding hereunder shall file a written notice of appearance identifying himself by name, address and telephone number, and identifying the party represented.

c) Adjudicatory Proceedings - Special Appearance

Prior to filing any other pleading or motion, a special appearance may be made either in person or by attorney for the limited purpose of objecting to the jurisdiction of either the Department or the Board. Every appearance not expressly designated a special appearance shall be deemed to be a general appearance. If the reasons for objecting to jurisdiction are not apparent from the papers on file in the proceeding, the special appearance shall be supported by affidavit setting forth the reasons. In ruling upon any objection at any proceeding, the Board may consider all matters apparent from the papers on file, affidavits submitted by any party, and any other evidence adduced upon disputed issues of fact. No determination of any issue of fact in connection with the objection is a determination of the merits of the case or any aspect thereof. A ruling adverse to the objector does not preclude him from making any motion or defense which he might otherwise have made. If the Board sustains the objection, an appropriate order shall be entered of record. Error in ruling against the objection is not waived by the objector's taking part in further proceedings in the matter.

d) Adjudicatory Proceedings – Substitution of Parties

The Board may, upon motion when proper, order a substitution of parties.

62 Ill. Adm. Code 100.40 Applications, Complaints, Petitions, and Other Pleadings

a) Applications for Rule-making

Applications shall be in writing and shall contain:

1. The name and address of the applicant;

2. Specific reference to the Rule or Rules with which the applicant has an interest, or, in the case where the applicant's request is that a Rule be promulgated, a concise statement of the subject matter and issues involved in the proposed Rule; and

3. A specific statement of the course of action requested of the Board.

b) Complaints

Complaints shall be by the Department, shall be in writing and shall contain:

1. A plain and concise statement of the act or things done or omitted to be done in violation, or claimed to be in violation, of any statute administered by the Department or the rules made pursuant to such statutes;

2. Specific reference to or citation of such statute or rules; and

3. Specific prayers for relief or penalty, which may be in the alternative.

c) Petitions

Petitions shall be in writing and shall contain:

1. The name and address of the Petitioner and the name and address of any respondent;

2. A plain and concise statement of the nature of Petitioner's interest and the facts relied upon as a basis for the relief sought, and where such basis is statutory, specific reference to or citation of the statute shall be made; and

3. Specific prayers for relief, which may be in the alternative.

d) Intervening Petitions

1. Any person may file a petition requesting leave to intervene in any matter already before the Board. Intervening petitions shall contain:

A) The name of the Petitioner seeking leave to intervene;

B) A plain and concise statement of the nature of such Petitioner's interest;

C) A prayer for leave to intervene and be treated as a party to the proceeding; and

D) If affirmative relief is sought, specific prayers for such relief, which may be in the alternative.

2. Any affirmative relief requested shall be germane to the issues. Intervening petitions shall be presented upon or prior to the day the proceeding in which intervention is sought is first called for hearing of evidence, but not afterward except for good cause shown. Intervention shall be granted or denied at the discretion of the Board.

e) Amendments or Supplements

Amendments of, or supplements to, complaints, petitions, or applications may be filed setting forth matters which have arisen before or after the institution of any proceeding. Amendments or supplements may be made at any time before or after a final decision on the merits either to approve the application or sustain the claim intended to be brought or to make or assert a defense or to conform the pleadings to the proofs upon terms as to continuance that may be just and reasonable.

f) Notice as to Duration of Hearing

If at the time a petition, application or complaint is filed with the Board, the Board determines or is advised by the filing party that the probable duration of the presentation of the matter in entirety may exceed one (1) day, the Board whenever possible, shall set the hearing for consecutive days.

g) Adjudicatory Proceedings – Answers

Answers to formal complaints or petitions shall be filed with the Board within ten (10) days after the day on which such complaint or petition is served upon the adverse party, unless otherwise ordered. If any adverse party fails to file an answer, issue as to such adverse party will be considered joined. Answers shall contain an explicit admission, denial, or appropriate response to each allegation of the pleading to which they relate and a concise statement of the nature of the defense.

62 Ill. Adm. Code 100.50 Motions

a) Scope of Motions

Motions in the course of any adjudicatory proceeding may be presented to add necessary parties or to dismiss improper parties; or to request the dismissal of the proceedings for want of jurisdiction or want of prosecution, the quashing of a subpoena, the postponement of an effective date of an order, the extension of time for compliance with an order, or for such other relief as may be appropriate.

b) Motions in Writing, Service of Copies

All motions shall be made in writing and shall set forth the relief or order sought and shall be filed with the Department for transmittal to the Board at the earliest convenient time. Motions based on matter which does not appear of record shall be supported by affidavit.

62 Ill. Adm. Code 100.60 Form of Papers

a) All papers, exhibits, data, or written statements filed in any proceeding shall be typewritten on white paper using one side of the paper only. They shall bear a caption clearly showing the title of the proceeding in connection with which they are filed together with the hearing or docket number, if such number is assigned.

b) All papers shall be signed by the party or by his authorized representative or attorney and shall contain his address and telephone number. No less than an original and six (6) copies of all papers shall be filed with the Department for transmittal to the Board.

62 Ill. Adm. Code 100.70 Service

a) Service to Conform to Law

All service shall conform to all applicable statutes made and provided therefor.

b) Additional Rules as to Service

1. Complaints, petitions, applications, answers, intervening petitions, amended or supplemental complaints and petitions or other pleadings, amendments or supplements to any pleadings, motions, affidavits in support of motions, and notices shall be served by the party filing same upon the Director of the Office of Mines and Minerals as executive officer of the Board and all parties to any adjudicatory proceeding. Proof of such service upon all parties shall be filed with the Board;

2. Findings of fact and conclusions of law, briefs, motions for further hearing or rehearing, and notice of appeal shall be served by the Board or the party filing same upon each party to any adjudicatory proceeding, and when filed shall be accompanied by proof of service upon all such parties;

3. Service shall be made by delivering in person or by depositing in the United States mail, properly addressed with postage prepaid, one (1) copy to each party or interested person entitled thereto. When any party or arties have appeared by attorney, service upon the attorney shall be deemed service upon the party or parties; and

4. Any pleading, notice, proof of service, or other communication required under these Rules of Procedure to be served upon the Board shall be served at the following address:

Illinois Department of Natural Resources - Mining Board

Office of Mines and Minerals

524 S. Second St.

Springfield, Illinois 62701-1787

c) Proof of Service

Proof of service of any paper shall be by certificate of attorney, affidavit, or acknowledgment.

62 Ill. Adm. Code 100.80 Conferences in Adjudicatory Proceedings

a) Purpose of Conferences

Upon written notice by the Department of the Board in any proceeding, parties or their attorneys may be directed to appear at a specified date, time and place for a conference, prior to the date set for any hearing in the particular proceeding, or, without notice on the date and at the place set for such hearing and prior to the commencement thereof or during the course of such hearing, for the purpose of formulating issues and considering:

1. the simplification of issues;

2. the necessity or desirability of amending the pleadings for the purpose of clarification, amplification, or limitation with respect to matters alleged in any pleading;

3. the possibility of making admissions or stipulations of fact to the end of avoiding the unnecessary introduction of evidence at the hearing;

4. the procedure at the hearing consistent with these Rules of Procedure;

5. the limitation of the number of witnesses;

6. the propriety of prior mutual exchange between or among parties or prepared testimony or exhibits; and

7. such other matters as may aid in the simplification of the evidence and disposition of the proceeding.

b) Record of Conference

Action taken at any conference pursuant to (a) above shall be recorded in an appropriate ruling by the Board unless the parties file a written stipulation as to such matters or agree to a statement thereof made on the record.

62 Ill. Adm. Code 100.90 Hearings

a) Public Hearings; Notice and Place

All hearings conducted in any proceeding shall be open to the public. The time and place of all such hearings shall be set by the Board or the Director of the Office of Mines and Minerals. Notice of such hearing, the number of days' notice, the service of such notice, and the manner of such shall be in accordance with the following provisions:

1. Adjudicatory Proceedings

Within fifteen (15) days from the filing with the Board of a formal complaint or petition, notice of the time and place for an adjudicatory hearing on the matter shall be served on all parties. Notice shall include a copy of the complaint or petition. Such notice shall be sent not less than fifteen (15) days prior to the date fixed for said hearing. Service of such notice shall be in accordance with Section 100.70(b) (3) of this Part. Upon written agreement by all parties, the notice provisions of this sub-paragraph may be waived by the Board.

2. Rule-making Proceedings

The Director of the Office of Mines and Minerals shall give written notice of the intention of the Board to adopt, amend, or repeal any Health and Safety Rules. The notice shall contain the time, date, and place of a hearing where interested persons may present their views and either a statement of the terms or substance of the intended action, including, when appropriate, a specific reference to the Rule or Rules involved a description of the subject matter and issues involved in the intended action. Such notice shall be served on all interested persons as defined in these Rules of Procedure, published in the official State newspaper not less than thirty (30) nor more than forty-five (45) days prior to the date fixed for said hearing. Service of said notice on all interested parties shall be in accordance with Section 100.70(b) (3) of this Part.

b) Default in Adjudicatory Proceedings

In the event of failure to appear or answer, after notice served as herein provided, a hearing may be held ex parte immediately in the direction of the Board.

c) Mining Board: Powers and Duties

1. Subject as herein provided and particularly, but without limitation, subject to sub-paragraph (5) of this Section, all hearings involving any complaint, petition, application, or other proceedings shall be heard by the Mining Board. No less than four (4) members of the Mining Board plus the Director of the Office of Mines and Minerals, as the Board's executive officer, shall constitute a quorum. Only in the case of the tie vote shall the Director of the Office of Mines and Minerals, as executive officer, have the right to vote.

2. The Director may, if the Board so recommends and if the Department makes funds available for such purpose, designate any attorney duly licensed to practice law in the State of Illinois, and not regularly engaged in the representation of parties before the Board, as counsel for the Board in any matter pending before it.

3. The Board's counsel may, at the discretion of the Board, examine witnesses and afford the Board such legal counsel as the Board may require, whether before, at or after any hearing, with respect to the law applicable to all or any of the following:

A) The subject matter of the proceedings;

B) The pleadings therein and any other papers or memoranda filed by the parties, or any of them, in the proceedings;

C) The evidence presented or sought to be presented at the hearing or at any other time in the proceedings;

D) Procedural or other matters or questions which may be involved in or raised at such hearing or at any other time in the proceedings;

E) Arguments of any of the parties or their counsel;

F) The Board's findings and recommendations, and report thereof, to the Director; and

G) Decision, order, ruling, determination or action proposed to be made or taken by the Board or the Director of the Office of Mines and Minerals or both; and

H) In no event shall such legal counsel have any vote in any recommendation made by the Board. All hearings and conferences shall at all times be under the control of the Board, except as provided in (5) below.

4. Without in any way limiting of the powers of the Board under any applicable statute, said Board in any hearing before it shall have full authority to:

A) Rule upon all motions made in the course of the hearing;

B) Rule upon all other matters arising in the course of the hearing, such as, but not limited to, admissibility of evidence or amendments to pleadings;

C) Direct parties to enter their respective appearances of record;

D) Determine at which stage of any hearing an intervenor may be permitted to offer evidence;

E) Require upon reasonable notice, any party, including without limitation, the Department, at any stage of any hearing or after all parties have completed the presentation of their evidence, to present further material or relevant evidence upon any issue including, but not limited to, the production of any and all documents, books, papers, and accounts, the Board reasonably deems material or relevant to any issue pending before it; and

F) To administer oaths to all persons appearing before it.

5. If the respondent in an adjudicatory proceeding shall believe the members of the Board are prejudiced against such respondent, he shall petition the Director in writing, at least ten (10) days prior to the date set for hearing, to appoint a Special Committee of the Board to hear the matter. Such petition shall be accompanied by an affidavit setting forth the facts upon which such claim of prejudice is based signed by the respondent. The Director shall make a determination based on such evidence as he deems sufficient whether such prejudice exists, and may remove any or all such Board members he finds prejudiced. If he removes all such members, then the Director may designate any attorney duly licensed to practice law in the State of Illinois to serve as the Special Committee of the Board with the same powers as the Board.

6. The following shall be the order of proceedings at all hearings, subject to modification by the Board before which such hearing is scheduled, for good cause:

A) Adjudicatory Hearings

i) Presentation, argument, and disposition of all preliminary motions;

ii) Presentation of opening statements;

iii) Case in chief of the Department and any intervenor, or case in chief of any petition, as the case may be;

iv) Respondent's case in chief;

v) Rebuttal if allowed by the Board;

vi) Surrebuttal if allowed by the Board;

vii) Statements from interested persons if allowed by the Board;

viii) Summation, which may include legal argument by the Department, intervenor or any petitioner, as the case may be;

ix) Respondent's summation, which may include legal argument;

x) Rebuttal statement by the Department; and

xi) Presentation and argument of all motions prior to final order.

B) Rule-Making Hearings

i) Presentation of the intended action and the basis for such intended action, including all evidence, testimony, and data relied on by the Department;

ii) Presentation of applicant's case in chief, oral, and written in support of intended Rule-making, if application was made;

iii) Presentation of other oral and written testimony in support of the intended Rule-making;

iv) Presentation of oral and written testimony in opposition to the intended Rulemaking; and

v) Closing statement by the Department, which may include rebuttal of statements made in opposition to the Rule-making action.

d) Rules of Evidence

1. The technical rules of evidence shall not apply at any hearing.

2. The burden of proof in any adjudicatory proceeding shall be upon the Department, or petitioner, as the case may be, therein, except that, in the case of any new matter introduced in any affirmative defense or in any kind of intervening petition, or otherwise, the burden of proof with respect thereto shall be upon the party, petitioner, or intervenor who, or which, alleges such new matter.

3. Any evidence having probative value and force, relevant and material to facts in issue, shall be admitted in the proceedings, subject only to objections to the weight thereof as distinguished from admissibility, per se. Immaterial, irrelevant, and unduly repetitious evidence shall be excluded. When the admissibility of evidence is in dispute and depends upon fairly arguable interpretations of law, such evidence shall be admitted.

e) Examination of Witnesses

1. Any party may, upon request, conduct examinations or cross-examinations without rigid adherence to formal rules of evidence, provided the examination or cross-examination does not descend to sheer abuse or harassment of a witness and the examination or cross-examination can be shown to be necessary to a full and fair disclosure of facts bearing upon matters in issue.

2. Each member of the Board may, in his discretion, examine all or any of the witnesses at any hearing.

f) Special Rules for Adjudicatory Hearings

1. If the Board determines that a witness is hostile or unresponsive, the Board may authorize the examination by the party calling him as if under cross-examination.

2. The Department may call any adverse party as a witness without vouching for his credibility and proceed to examine such adverse party as if under cross-examination. Any party calling a witness, upon a showing that he called the witness in good faith and is surprised by his testimony, may impeach that witness by evidence of prior inconsistent statements.

g) Stipulations in Adjudicatory Hearings

Parties may by stipulation agree upon any facts involved in the proceeding. The facts stipulated shall be considered as evidence in the proceeding, provided that the Board may require proof of any fact by evidence where matters of public interest are involved. At any stage of the hearing, or after all parties have completed the presentation of their evidence, the Board may call upon any party or the Department for further material or relevant evidence upon any issue.

h) Court Reporter

The Department will designate a licensed court reporter to make a stenographic record of hearings in all proceedings in which a recording is required by the Act or upon request of any party, provided that all costs of such stenographic record shall be borne by the party so requesting said record. The Department will arrange for the reporter to provide for such copies of the transcript as any other party may request and at such time as it may request same, for its own purposes, provided that such other party shall pay directly to such reporter the payment for the cost of the transcript including one (1) copy thereof to be furnished the Department for its use in any proceeding for Administrative Review as hereinafter provided, or otherwise.

i) Corrections to Transcript

Suggested corrections to the transcript of record may be offered within ten (10) days after the transcript is filed in the proceeding, unless the Board permits suggested corrections to be offered thereafter. Suggested corrections shall be served upon, or brought to the attention of, each party whose appearance is of record or his attorney, the official reporter and the Board. If suggested corrections are not objected to, the Board will direct the corrections to be made and the manner of making them. In case the parties disagree on suggested corrections, they may be heard by the Board, which shall then determine the manner in which the record shall be changed, if at all.

j) Additional Hearings

Motions for a further hearing in any proceeding at any time before final order of the Board shall be made in writing to the Board and shall state specifically the reasons therefor. If such motion seeks leave to introduce further or newly discovered evidence, the nature and purpose of the evidence to be adduced shall be stated and supported by affidavit, and it must appear that such evidence is relevant and material, was not reasonably available at the time of the hearings and is not merely cumulative. The Board shall rule on such motion and shall give notice of its decision to all parties in accordance with Section 100.70(b) (3) of this Part.

k) Motions for Rehearing - Adjudicatory Proceedings

Motions to the Board for rehearing or for reconsideration of the recommendations of the Board on the record made or for modification thereof shall be made in writing pursuant to governing statutes and shall state specifically the grounds relied upon. If rehearing is sought on the ground of new evidence, the nature and purpose of such evidence shall be stated, supported by affidavit showing why evidence was not available at the time of the hearings. The Board shall rule on such motion and shall give notice of its decision to all parties in accordance with Section 100.40(b) (3) of this Part.

l) Postponement or Continuance of Hearing

A hearing may, at any time or from time to time, be postponed or continued for due cause shown by the Board upon its own motion or upon motion of any party to the proceeding. Notice of any motion for postponement or continuance shall be given in writing to all parties to the hearing within a reasonable time in advance of the previously scheduled hearing date, but in no event less than three (3) business days prior to the previously scheduled hearing date (in absence of a bona fide emergency). All parties involved in a hearing shall avoid undue delay caused by repetitive postponements or continuances so that the subject matter of the hearing may be resolved expeditiously.

62 Ill. Adm. Code 100.100 Subpoenas

a) Subpoenas for the attendance of witnesses from any place in the State of Illinois, or for the production of books, papers, accounts, or documents at a hearing in a pending adjudicatory proceeding, will be issued by the Department upon its own motion, or upon request in writing by a party incorporating a showing that any such subpoena is reasonably required.

b) Requests for subpoenas to compel the production of books, papers, accounts, or documents shall be verified, and shall specify the books, papers, accounts, or documents desired and the material or relevant facts to be proved by them.

c) Service of subpoenas and payment of witness fees shall be in accordance with the following:

1. The party at whose instance the subpoena is issued shall serve said subpoena;

2. The party at whose instance the subpoena is issued shall pay the fees of the witness; and

3. The calculation of witness fees for appearances in any proceeding hereunder shall not include lost wages caused by the appearance of said witness.

62 Ill. Adm. Code 100.110 Discovery Rights and Procedure Adjudicatory Proceedings

After receipt of notice of an adjudicatory proceeding, any party, upon written request made to any other party, at least three (3) business days prior to the hearing and within five (5) days after such service of an additional pleading, shall be entitled to:

a) Obtain the names and addresses of witnesses whom the other party intends to call to testify at the hearing; and

b) Obtain a list of all writings and documents which the party proposes to offer in evidence.

62 Ill. Adm. Code 100.120 Documentary Evidence

a) Record in Other Proceedings

When a party desires to offer in evidence any portion of the record made in any other proceeding, such portion shall be offered in the form of any exhibit (subject to the ruling of the Board as to its admissibility) unless otherwise stipulated by the parties.

b) Documents

When any material or relevant matter offered in evidence by any party is embraced in a book, paper, or document containing other matter not material or relevant, the party offering the same shall plainly designate the matter so offered. If in the judgement of the Board, such immaterial or irrelevant matter would unnecessarily encumber the record, such book, paper, or document will not be received in evidence as a whole, but the material or relevant portions thereof, if otherwise admissible, may be read into the record or a true copy thereof supplied in the form of an exhibit.

c) Copies of Exhibits

When an exhibit of a documentary character is marked for identification and offered in evidence, three (3) copies thereof shall be furnished for the Department's files and, upon request, one (1) copy to each party whose appearance is of record or his attorney. The Board may accept same when only one (1) copy is filed if, in its opinion, additional copies will not be required and if the party tendering the exhibit agrees to furnish two (2) additional copies promptly if subsequently requested to do so.

d) Interchange of Exhibits

Whenever possible, the parties should interchange copies of exhibits or other pertinent material before the hearing at which they are to be offered, at the same time sending a copy thereof to the Board hearing the case.

62 Ill. Adm. Code 100.130 Findings, Conclusions, and Recommendations

a) Adjudicatory Proceedings

After the close of all proofs in the hearing before it, the Board shall cause to be prepared and filed its findings of fact, conclusions of law, and decision together with the entire record in the proceeding.

b) Rule-Making Proceedings

After full consideration of all presented data, arguments and views, expressed orally and in writing, and the testimony of all witnesses under both direct and cross-examination, the Board shall cause to be prepared and filed its conclusions and recommendations. The Board shall not recommend the adoption of or amendment to any Rule unless substantial evidence in support of such action has been presented.

62 Ill. Adm. Code 100.140 Notice of Conclusions and Recommendations

a) Adjudicatory Proceedings

1. Copies of the Board's findings, conclusions, and decision, and if the Board so elects, memoranda of law supporting all or any of such findings, conclusions, and decision shall be served upon each party in the manner provided by these Rules of Procedure, together with Notice that any party has twenty (20) days from the date such Notice is mailed, to present to the Board a written Motion for Rehearing to be considered by the Board. Upon the expiration of the time given by the Notice referred to in the foregoing Section, or upon the Board's denial of a timely motion for rehearing, said findings of fact, conclusions of law, and decision shall be placed on file in the Department. The Department shall then take such further action in the matter as shall be in accordance with statutes in such case made and provided and enter such order as shall be proper in the premises for the disposition of the matter. Such order shall be served pursuant to Section 100.40(b)(3).

2. At any time prior to the entering of Findings of Fact, Conclusions of Law and Decision by the Board, the parties to any proceeding may seek to terminate the matter by presenting to the Director a Consent Order to which they all acknowledge their consent by affixing their respective signatures. Upon the Director's signing such a Consent Order the entire proceedings shall cease without the necessity of any further action by the Board involved; and each party shall be deemed to have waived Administrative Review.

b) Rule-Making Proceedings

1. The Director shall give notice to all parties to any Rule-making hearing and other interested persons, as defined by these Rules, of the decision of the Board and the Department with regard to the subject matter of such hearing.

2. If, as a result of said hearing, a Rule is adopted, amended or rescinded, and also if, either prior to said adoption, amendment or rescission or within thirty (30) days from same, any interested person has requested that the Director issue a concise statement of the principal reasons for or against the adoption, amendment or rescission of such Rule, incorporating therein the reasons for overruling such opposition to said adoption, amendment or rescission, such a statement shall be issued. All parties to said hearing and interested persons shall be served with a copy of the aforesaid statement as provided by Section 100.40(b) (3) of this Part.

3. The Director shall file in the office of the Secretary of State a certified copy of each Rule adopted by the Board. The adoption, amendment or rescission of any Rule shall be effective thirty (30) days after such filing, except that if a later date is specified in the Rule, the later date is the effective date.

62 Ill. Adm. Code 100.150 Copy of Rules on Appeal

The Department will include a copy of these Rules in the record on appeal from any order whenever requested to do so.

62 Ill. Adm. Code 100.160 Informal Action in Lieu of Adjudicatory Proceedings

Any matter may, with the permission or at the direction of the Board, be filed with the Director of the Office of Mines and Minerals in his capacity as executive officer of the Board, and the Director of the Office of Mines and Minerals, in said aforementioned capacity may, if he so elects, take up such matter by correspondence or informal conference with the person, firm, corporation or association, or their respective representative, in an endeavor to bring about an adjustment thereof. Such matter shall be set forth in writing and shall include the names and addresses of all persons involved, a brief statement of the matter, and the signature of the person bringing such matter to the attention of the Board. Such matter so filed will not initiate a formal proceeding, and will not arrest the running of any limitation period. The filing of any such matter shall be without prejudice to the right of the Department to file a complaint formally.

62 Ill. Adm. Code 100.170 Computation of Time

The time within which any act under this Part is to be done shall be computed by excluding the first day and including the last, unless the last day is Sunday or is a holiday as defined or fixed in any statute now or hereafter in force in this State, and then it shall also be excluded. If the day succeeding such Sunday or holiday is also a holiday or a Sunday, then such succeeding day shall also be excluded.

62 Ill. Adm. Code 100.180 Construction of Rules & Invalidity

a) This Part shall not be construed to abrogate, modify or limit any rights, privileges or immunities granted or protected by the Constitution or laws of the United States or the Constitution or laws of the State of Illinois. No Section, or paragraph headings contained herein shall be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of the provisions of any Article, Section, or sub-paragraph.

b) If any Section, paragraph, sentence or clause of this Part shall be held by a court of competent jurisdiction to be invalid, such holding shall not affect the remaining parts thereof.

62 Ill. Adm. Code 100.190 Repeal of Prior Rules of Procedure

This Part shall become effective ten (10) days after a certified copy thereof shall be filed with the Secretary of State of the State of Illinois as provided by the statutes of the State of Illinois in such case made and provided, and shall supersede all other Parts covering subject matter embraced herein.

Part 140 The Coal Mining Act

62 Ill. Adm. Code 140.10 Plans to Be Submitted to the Department

It is ordered by the Mining Board that all coal companies in Illinois comply and submit to the Department of Mines and Minerals the following:

a) Safety and operational training and retraining plans;

b) Roof control plan;

c) Ventilation and methane and dust control plan;

d) Fan stoppage plan;

e) Sealing or ventilating abandoned sections plan;

f) Filing map of temporarily abandoned mining;

g) Emergency medical assistance plan;

h) Search program plan (smoking materials);

i) Detailed list of all electric face equipment;

j) Clean-up program plan;

k) Notification when reopening mine;

l) Program of instructions pertaining to fire fighting and evacuation procedures;

m) Up-to-date map (twice a year). Each map shall show:

1. All active workings;

2. Electrical layout map; and

3. Denote each split of air and designate intake and return air flow.

n) There shall be weekly safety talks for the purpose of indoctrination. A record of the weekly safety talks shall be kept in the mine office and the subject matter discussed shall be contained in a weekly report. This report is to be inspected by the State Mine Inspector and a report shall be made on each monthly inspection report submitted to the Department of Mines and Minerals by the District State Mine Inspector.

62 Ill. Adm. Code 140.20 Requirement Concerning Removal of Vehicle Wheels, Tires, and Valve Cores

a) It is the ruling of the Mining Board that all wheels be removed from the vehicle and all tires shall be removed from the wheels before any welding, cutting, or heating of any kind is done on the wheel.

b) It is also the ruling that, before any attempt to remove a tire from a wheel, the valve core must be removed from the valve stem as assurance that the internal pressure of the tire does not exceed the normal atmospheric pressure.

c) This procedure shall be followed at all mines in the State of Illinois.

62 Ill. Adm. Code 140.30 Coal Quality Testing Program

a) The Department of Natural Resources-Office of Mines and Minerals' (Department) analytical laboratory, located in Benton, Illinois, is authorized to test the quality of coal delivered under State coal purchase contracts.

b) References in this Section to ASTM Standards refer to the 2014 Annual Book of ASTM Standards, Section 05 – Fossil Fuels, Volume 06 – Gaseous Fuels; Coal and Coke; Bioenergy and Industrial Chemicals from Biomass, published by the American Society for Testing and Materials, ASTM International, 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken PA 19428-2959 (no incorporation in this Part contains later editions or amendments).

c) The Department shall analyze samples taken from coal shipments under State contracts provided by any agency or institution of the State of Illinois (the delivering agency), if the samples are:

1. submitted with a minimum of 6 pounds and a maximum of 42 pounds of coal per sample bag;

2. identified as having been submitted by a specific delivering agency;

3. received by the Department's Benton, Illinois analytical laboratory by the 10th day of the month; and

4. collected as required by ASTM Standards D2234/D2234M-10 for the collection of a gross sample of coal.

d) The Department shall grind all acceptable coal sample bags from a delivering agency during the third week of the month to the specifications of ASTM Standards D2013/D2013M-12 for preparing coal samples for analysis with the deviation of storing a minimum of 500 grams of composited 8 mesh sample for repeat analysis if requested.

e) The Department shall perform a short proximate analysis on the 60 mesh coal sample using testing procedures that conform to ASTM Standards D3174-12, D3302/D3302M-12, D5865-13, and D4239-14.

f) The results of the analysis shall be reported to the delivering agency in accordance with subsection (f). The Department shall retain the undried 500 gram sample for 90 days from the date the results of the analysis are sent to the delivering agency.

g) The Department shall report the results of its coal quality analysis to the delivering agency by the end of the month in which it is processed and will submit a bill for the coal quality analysis performed, based upon the following schedule:

Analysis of composited sample (after initial grinding to 8 mesh size; a composite of multiple gross samples)

$100

Compositing of a gross sample (prior to grinding; usually a 50 lb. bag)

$25

Exceeding 50 lbs in a bag of coal

$25

h) The Department shall process each sample bag submitted by a delivering agency after the 10th day of the month as a new sample at the rates established in subsection (f).

History

• Source: Amended at 38 Ill. Reg. 18711, effective August 29, 2014

Part 180 Authority to Take Appropriate Action in an Emergency

62 Ill. Adm. Code 180.10 Executive Offices to Take Action Deemed Necessary

It was the ruling of the Mining Board that it is incumbent upon the Executive Officer to take whatever action he deems expedient at the time in any emergency that may arise of any kind of character, or in the case any employee of the Department of Natural Resources who does not fully cooperate with the Coal Mining Act or the rules prescribed by the Executive Officer (Director of the Office of Mines and Minerals). The Executive Officer shall report his actions to the Mining Board, and in the case of a discharged employee the Mining Board, if it so desires, may give to such employee the right to appeal his or her case to the Board.

Part 200 The Illinois Explosives Act

62 Ill. Adm. Code 200.10 Scope and Authority

This Part implements the Illinois Explosives Act (the Act) [225 ILCS 210] and applies to all possession, acquisition, storage, use, transfer and disposal of explosive materials that can be or are classified as Division 1.1, 1.2, 1.3 and 1.5 explosives by 49 CFR 173.5 except as otherwise provided in the Act. This Part is intended to supplement the requirements of any federal or State law and regulations governing the storage, use, acquisition, possession, disposal and transfer of explosive materials, but shall be construed, wherever possible to avoid conflicting or duplicative requirements. Obtaining an explosives license, a temporary explosives license or storage certificate under this Part does not waive the requirements of any other federal, State or local law or ordinance regulating blasting and explosives.

History

• Source: Amended at 45 Ill. Reg. 4490, effective March 26, 2021

62 Ill. Adm. Code 200.11 Definitions

The following definitions have the meanings specified, except when another meaning is provided in this Part:

"Acceptor" means a charge of explosives or blasting agent receiving an impulse from an exploding donor charge.

"Act" means the Illinois Explosives Act [225 ILCS 210].

"Airblast" (also known as "air overpressure") means airborne waves resulting from the detonation of explosives. Airblast may be caused by burden movement or the release of expanding gas into the air. Airblast may or may not be audible.

"Ammonium Nitrate" means the ammonium salt of nitric acid represented by the formula NH4NO3.

"ANFO" means an explosive material consisting of ammonium nitrate and fuel oil.

"Artificial Barricade" means an artificial mound or revetted wall of earth of a minimum thickness of 3 feet at the top of the mound or wall, or a mound or revetted wall of other material offering equivalent protection. Artificial barricades that are vegetated shall be of sufficient slope to enable mowing.

"ATF" means the Bureau of Alcohol, Tobacco, Firearms and Explosives, U.S. Department of Justice.

"Attended at all Times" means that the Type 3 magazine and any explosives must always be within the line of sight of, and visible to, a member of the work or blasting crew authorized to enter the magazine.

"Authorized Person" means a person holding a current Illinois Surface Aggregate Blasting License, Illinois Surface Coal Certification [225 ILCS 210], Individual Explosives License or qualifying for an exemption pursuant to Section 200.90(d)(5).

"Barricaded" means the effective screening of a building containing explosives from a magazine or other building, railway, or highway by a natural or an artificial barrier. A straight line from the top of any sidewall of the building containing explosives to the eave line of any magazine or other building or to a point 12 feet above the center of a railway or highway shall pass through the barrier.

"Black Powder" means a deflagrating or low explosive compound of an intimate mixture of sulfur, charcoal, and an alkali nitrate, usually potassium or sodium nitrate.

"Blast" or "Blasting" means:

the firing of explosive materials for such purposes as breaking rock or other material, moving material, generating seismic waves, or initiation of display fireworks; and

the assembly of explosive materials for those purposes.

"Blast Zone" means the area of a blast within the influence of flying rock, missiles, debris, gases, airblast and any areas where Department regulated display fireworks are initiated.

"Blasting Agent" means any material or mixture consisting of a fuel and oxidizer intended for blasting, not otherwise defined as an explosive, provided that the finished product, as mixed and packaged for use or shipment, cannot be detonated by means of a No. 8 blasting cap, as defined by ATF, when unconfined and is classified as a Division 1.5 material under 49 CFR 173.50.

"Blasting Cap" means a detonator that is initiated by a safety fuse.

"Bulk Mix" means a mass of explosive material prepared for use in bulk form without packaging.

"Bulk Mix Truck or Delivery Equipment" means equipment (usually a motor vehicle with or without a mechanical delivery device) that transports explosive materials in bulk form for mixing or loading directly into blastholes, or both.

"Bullet-Resistant" means magazine walls or doors of construction resistant to penetration of a bullet of 150-grain M2 ball ammunition having a nominal muzzle velocity of 2700 feet per second fired from a .30 caliber rifle from a distance of 100 feet perpendicular to the wall or door. When a magazine ceiling or roof is required to be bullet-resistant, the ceiling or roof shall be constructed of materials comparable to the side walls or of other materials that will withstand penetration of the bullet described in this definition when fired at an angle of 45 degrees from the perpendicular. Tests to determine bullet resistance shall be conducted on test panels or empty magazines that shall resist penetration of 5 out of 5 shots place independently of each other in an area at least 3 feet by 3 feet.

"Certificate" means a storage certificate issued by the Department allowing for the proper storage of explosives in accordance with the Act.

"Deflagration" means an explosive reaction such as a rapid combustion that moves through an explosive material at a velocity less than the speed of sound in the material.

"Department" means Illinois Department of Natural Resources.

"Detonating Cord" means a flexible cord containing a center core of high explosive.

"Detonation" means an explosive reaction that moves through an explosive material at a velocity greater than the speed of sound in the material.

"Detonator" means any device that contains any initiating or primary explosive that is used for initiating detonation and is classified as a Division 1.1 or 1.4 material under 49 CFR 173.50 (March 30, 2017). A detonator may not contain more than 10 grams of total explosives by weight, excluding ignition or delay charges.

"Director" means Director of the Department of Natural Resources or the Director's designee.

"Disposal", with respect to explosive materials, means to render inert pursuant to manufacturer's recommendations or commonly accepted industry standards.

"Donor" means an exploding charge producing an impulse that impinges upon an explosive "acceptor" charge.

"Explosive" means any chemical compound, mixture or device, the primary or common purpose of which is to function by explosion, that can be classified as a Division 1.1, 1.2 or 1.3 material under 49 CFR 173.50. The term includes high and low explosives and any explosive devices containing over one quarter ounce of explosive material. This term does not include consumer fireworks that have a bulk total gross weight of under 1,001 pounds, but does include display fireworks. Consumer fireworks with a total gross weight of 1,001 pounds or more are only subject to the storage requirements in this Section as defined in the definition of "Consumer Fireworks".

"Explosive Devices" means devices intended to produce audible and visual effects in conjunction with a detonation or deflagration, commonly referred to as M-devices, quarter sticks, cherry bombs and pipe bombs that exceed the U.S. Consumer Product Safety Commission's explosive weight limits for consumer fireworks that contain explosive material and are therefore classified as illegal under federal and State laws. This term does not include binary exploding targets for their intended personal use (see 27 CFR 555).

"Explosive Materials" means explosives, blasting agents, water gels, detonators, and all items included within the "List of Explosive Materials" provided in 27 CFR 555.23.

"Fire-Resistant" means construction designed to offer reasonable protection against fire.

"Fireworks" means any composition or device designed for the purpose of producing a visible or an audible effect by combustion, deflagration or detonation, and that meets the definition of "consumer fireworks" or "display fireworks" as follows:

"Consumer Fireworks" means any small fireworks device designed to produce visible effects by combustion and that must comply with the construction, chemical composition and labeling regulations of the U.S. Consumer Product Safety Commission (16 CFR 1500 and 1507). Some small devices designed to produce audible effects are included, such as whistling devices, ground devices containing 50 mg (0.77 grain) or less of explosive materials, and aerial devices containing 130 mg (2 grains) or less of explosive materials. Consumer fireworks are classified as Explosives, Class 1, Division 1.4, UN0336 or UN0337, by the U.S. Department of Transportation (USDOT) (see 49 CFR 172.101). No consumer firework cake, designed for non-professional (consumer) use, shall exceed 500 grams in total explosive chemical composition. Any bulk storage or holding of consumer fireworks in quantities of 1,001 pounds or greater, not in compliance with the Pyrotechnic Use Act (425 ILCS 35) and/or Pyrotechnic Distributor and Operator Licensing Act (225 ILCS 227), shall be stored in a Department certified Type 1, Type 2 or Type 4 magazines and must meet the distancing requirements, contained within Section 200.Appendix B, as it pertains to the safe storage of low explosives.

"Display Fireworks" means large fireworks designed to produce visible or audible effects by combustion, deflagration or detonation. This term includes, but is not limited to, salutes containing more than 130 mg (2 grains) of explosive materials, aerial shells containing more than 40 grams (616 grains) of total pyrotechnic and explosive composition, and other display pieces that exceed the limits for classification as consumer fireworks. Display fireworks are classified as Explosives, Class 1, Division 1.1, 1.2 or 1.3, UN0333, UN0334 or UN0335, by USDOT (see 49 CFR 172.101). This term also includes fused set pieces containing components that together exceed 50mg of salute powder. This term also includes pyrotechnic devices for professional use that are classified as UNO431 or UNO432. Consumer fireworks designed for professional use and labeled as such by the regulations of the U.S. Consumer Product Safety Commission (16 CFR 1500 and 1507), such as articles pyrotechnic, that are similar to consumer fireworks in chemical composition and construction, but are not intended for consumer usage, shall fall under the requirements of licensing and storage requirements by the Department for display fireworks (see also APA Standard 87-1A (2.4 General Requirements for Consumer Fireworks and Novelties)). Any bulk storage or holding of consumer fireworks in quantities of 1,001 pounds or greater, not in compliance with the Pyrotechnic Use Act [425 ILCS 35] and/or Pyrotechnic Distributor and Operator Licensing Act [225 ILCS 227], shall be stored in a Department certified Type 1, Type 2 or Type 4 magazines and must meet the distancing requirements in Section 200.Appendix B as it pertains to the safe storage of low explosives.

"Grains" means a system of weight measurement in which 7000 grains are equivalent to one standard 16-ounce pound (0.45 kg).

"Gross Weight" means the total weight of the explosive which includes all aspects of the product including the actual product, its packaging, and any other packing required to enable the shipping of the product.

"Hardwood" means red oak, white oak, hard maple, ash or hickory, or material of equivalent structural integrity, free from loose knots, wind shakes or similar defects.

"High Explosive" means explosives that are characterized by a very high rate of reaction, high pressure development, and the presence of a detonation wave in the explosive.

"Highway" means any public street, public road or public alley and includes privately financed, constructed or maintained roads that are regularly and openly traveled by the general public.

"Inhabited Building" means a building regularly occupied in whole or part as a habitation for human beings, or any church, schoolhouse, railroad station, store or other structure where people are accustomed to assembly, except any building or structure occupied in connection with the manufacture, transportation, storage or use of explosive materials.

"Inventory" means a listing of all explosive materials and devices being possessed or stored in a magazine.

"License" means a license issued by the Department under Article 2 of the Act authorizing the holder to possess, use, purchase, transfer or dispose of, but not to store, explosive materials.

"Low Explosive" means explosives characterized by deflagration.

"Magazine" means any building or other structure or container, other than a factory building, used to store explosive materials. Where mobile or portable type 5 magazines are permissible and used, "magazine", for the purpose of obtaining certificates and calculating fees, means the site on which the magazines are located.

"Magazine Keeper" means a qualified supervisory person licensed by the Department or otherwise exempted under Article 2 of the Act who is responsible for:

acquisition, storage, use, possession, transfer and disposal of explosive materials, including inventory and transaction records; and

proper maintenance of explosive materials, storage magazines and surrounding areas.

"Natural Barricade" means natural features of the ground, such as hills, or timber of sufficient density that the surrounding exposures that require protection cannot be seen from the magazine when the trees are bare of leaves.

"Non-sparking Metal" means a metal that will not produce a spark when struck with other tools, rock or hard surfaces.

"Office of Mines and Minerals" or "Office" means the office of the Department of Natural Resources charged with regulating the storage, use, acquisition, possession, disposal and transfer of explosive materials pursuant to the Act.

"Person" means any individual, corporation, company, association, partnership or other legal entity, except that, with reference to individual licenses or when the context otherwise requires, person means a natural person.

"Plywood" means exterior construction-grade plywood.

"Propagation" means the detonation of explosive charges by an impulse received from adjacent or nearby explosive charges.

"Propellant Powder" means an explosive of fine granulation that, through burning, produces gases at a controlled rate to provide the energy for propelling a projectile.

"Railway" means any public steam, electric or other railroad or rail system that carries passengers for hire, but shall not include auxiliary tracks, spurs and sidings installed and primarily used in serving any mine, quarry or plant.

"Salute" means an aerial shell, classified as a display firework, that contains a charge of flash powder and is designed to produce a flash of light and a loud report as the pyrotechnic effect.

"Small Arms Primer" means a device for lighting the powder charge in a modern cartridge of ammunition.

"Softwood" means Douglas fir or other wood of equal bullet resistance and free from loose knots, wind shakes or similar defects.

"Steel" means general purpose (hot or cold rolled) low-carbon steel or equivalent.

"Theft-Resistant" means construction designed to deter illegal entry into facilities used for the storage of explosive materials.

"Transfer" of explosive materials means to sell, give, distribute or otherwise dispose of explosive materials.

"Unbarricaded" means the absence of a natural or artificial barricade around explosive storage areas of facilities.

"Use" of explosive materials means the detonation, ignition, deflagration, manufacturing, handling or any other means of initiating explosive materials.

"Water Gels" means explosives or blasting agents that contain a substantial proportion of water.

"Weather Resistant" means construction designed to offer reasonable protection against weather.

History

• Source: Amended at 48 Ill. Reg. 9600, effective June 24, 2024

62 Ill. Adm. Code 200.12 Incorporated Materials

a) The following documents are incorporated or referenced in various Sections of this Part:

1. The National Fire Protection Association (NFPA)

1 Batterymarch Park

P.O. Box 9101

Quincy MA 02169-7471

A) NFPA 70: The National Electrical Code (2020 Edition)

B) NFPA 1123: Code for Fireworks Display (2018 Edition)

C) NFPA 1124: Code for the Manufacture, Transportation and Storage of Fireworks and Pyrotechnic Articles (2017 Edition)

2. Institute of Makers of Explosives

1212 New York Avenue N.W., Suite 650

Washington DC 20005

"The American Table of Distances" (Safety Library Publication No. 2, June 1991 (and incorporated changes through April 2017), and "Warnings and Instructions for Consumers in Transporting, Storing, Handling, and Using Explosive Materials" (Safety Library Publication. No. 4, June 1991 (and incorporated changes through April 2017)

3. Federal Regulations

A) 27 CFR 555.219 (2009), Table of distances for storage of low explosives

B) 16 CFR 1500, Hazardous Substances and Articles; Administrative and Enforcement Regulations (2012)

C) 16 CFR 1507, Fireworks Devices (1997)

D) 27 CFR 555.126, Limited Permittee Transaction Report for Distribution of Explosive Materials (2019)

E) 27 CFR 555.220, Table of Separation Distances of Ammonium Nitrate and Blasting Agents from Explosives or Blasting Agents (2019)

F) 49 CFR 172, Hazardous Materials Table, Special Provisions, Hazardous Materials Communications, Emergency Response Information, Training Requirements, and Security Plans (2012)

G) 49 CFR 173 Shippers − General Requirements for Shipments and Packagings (2003)

H) 49 CFR 171 through 177 (2019)

I) 49 CFR 178 through 180 (2018)

b) All incorporations by reference in this Part refer to the standards on the date specified and do not include any additions or deletions subsequent to the date specified.

c) All materials incorporated by reference are available for inspection or copying at the Department of Natural Resources, One Natural Resources Way, Springfield IL 62702-1271.

History

• Source: Amended at 45 Ill. Reg. 4490, effective March 26, 2021

62 Ill. Adm. Code 200.15 Computation of Time

a) Except as otherwise provided, computation of time under this Part is based upon calendar days.

b) In computing any period of prescribed time, the day on which the designated period of time begins is not included. The last day of the period is included unless it is a Saturday, Sunday or legal holiday on which the Department is not open for business, in which event the period runs until the end of the next business day.

c) Intermediate Saturdays, Sundays and legal holidays that fall within the prescribed time period are excluded from the computation of time when the prescribed time period is 7 days or less.

d) A business day is any day the Department is open for business.

History

• Source: Added at 37 Ill. Reg. 14090, effective August 26, 2013

62 Ill. Adm. Code 200.20 Marking of Explosives

All explosive materials offered for acquisition, storage, use, possession, transfer and disposal in the State of Illinois shall be legibly identified by marking. The marks required by this Section shall identify the manufacturer and the location, date and shift of manufacture. The manufacturer shall place on each device, case, carton or other immediate container of explosive materials manufactured for sale or distribution the required mark, which shall also be placed on the outside container, if any, used for their packaging. With respect to explosive materials of small size not suitable for marking on the individual items (for example blasting caps), it shall only be necessary to place the identification on the container used for their packaging.

History

• Source: Amended at 45 Ill. Reg. 4490, effective March 26, 2021

62 Ill. Adm. Code 200.21 Identification of Non-Commercial and/or Homemade Explosive Materials

Non-commercial and/or homemade explosive materials may be identified through laboratory analysis for explosives material verification, or field tested by a law enforcement bomb technician who has completed and is currently certified through Hazardous Devices School operated by the Federal Bureau of Investigation (FBI). The field test shall consist of a "test burn" to provide verification the material tested is energetic, and then followed by the use of analytic tools, such as spectrometer/analyzer (when determined safe to perform) by a certified law enforcement bomb technician. When a certified law enforcement bomb technician determines that the weight of explosive materials cannot be achieved by weighing the explosive material safely, the explosive substances and/or the device/containment shall be considered the total explosive weight. Where the explosives cannot be removed safely from its location and/or its containment for identification, and the certified bomb technician must initiate or "blow in place" and/or in its containment, the bomb squad or its representatives shall video record the initiation of the explosives to provide video evidence the explosives did react by explosion.

History

• Source: Added at 48 Ill. Reg. 9600, effective June 24, 2024

62 Ill. Adm. Code 200.25 Information Required on Shipping Case

Each shipping case shall have marked on it the total weight of the explosive material it contains, the month and year of the explosives manufacture, and the length and diameter of the sticks, cartridges or individual packages in the shipping case.

History

• Source: Added at 37 Ill. Reg. 14090, effective August 26, 2013

62 Ill. Adm. Code 200.30 Records to Be Maintained by Persons Transferring Explosive Materials

Every person transferring any explosive material shall maintain:

a) A record that enables him or her to trace the explosives to the recipient. The record shall consist of a:

1. journal;

2. book of records;

3. invoice;

4. inventory control record;

5. federal records required by 27 CFR 555.121 through 129, or other record that shows explosives delivered by manufacturer's name, count, weight, identification or other identifying mark that will enable the distributor to trace the explosives; and

6. month and year of manufacture.

b) The name, residence and business address of the recipient and the address to which the explosive material is to be delivered, if different from the business address.

c) The name, address, social security number, driver's license identification number, and brief physical description of the person taking the explosive material away.

d) The type and license number of the vehicle by which the explosive material is to be transported.

History

• Source: Amended at 45 Ill. Reg. 4490, effective March 26, 2021

62 Ill. Adm. Code 200.35 Exceptions to Sections 200.10 and 200.30(c)

Sections 200.10 and 200.30(c) do not apply when the transaction is between the manufacturer of the explosive material and the manufacturer's employee or when the explosives involved in a transaction are being shipped by a common carrier direct from the manufacturer's place of business. Sections 200.10 and 200.30(c) do apply to any non-commercial related transactions (hobbyists). A non-commercial transaction still requires a person to retain the basic information required in Section 200.30(c) regarding any person taking possession of items or materials. Under no circumstances does a non-commercial transaction allow hobbyists to mix materials prior to transportation or arrival at their destination (see Section 200.10).

History

• Source: Amended at 48 Ill. Reg. 9600, effective June 24, 2024

62 Ill. Adm. Code 200.40 Availability of Explosives Materials Records

a) The journal or book of record, or other record made by any person selling or giving away explosives, shall be open at all times to inspection by any law enforcement official and any representative of the Department.

b) All records related to the possession, use, purchase, transfer, storage or disposal of explosive material shall be maintained for 5 years (see 27 CFR 555.121(a)(2)).

History

• Source: Amended at 45 Ill. Reg. 4490, effective March 26, 2021

62 Ill. Adm. Code 200.45 Exemption for Federal Personnel

The Act and this Part do not apply to the possession, use, purchase, transfer, storage or disposal of explosive material by the United States military or other agencies of the United States, or to arsenals, navy yards, depots, or other establishments owned or operated by the United States.

History

• Source: Added at 37 Ill. Reg. 14090, effective August 26, 2013

62 Ill. Adm. Code 200.50 Transportation on Same Motor Vehicle

No blasting caps or detonators, regardless of type, may be transported on the same motor vehicle with other explosives, unless they are transported in accordance with 49 CFR 170 through 189.

History

• Source: Added at 37 Ill. Reg. 14090, effective August 26, 2013

62 Ill. Adm. Code 200.90 Scope

a) The license requirements of this Subpart apply to all explosive materials unless otherwise excepted by Section 2000 of the Act.

b) No person shall acquire, store, use, possess, transfer or dispose of explosive materials unless licensed by the Department, except as otherwise provided by Section 2001 of the Act.

c) No person convicted of a felony will be exempt from this requirement unless that person has been granted a "Relief from Disabilities" (see 27 CFR 555.142).

d) The licensing provisions of the Act and this Subpart do not apply to:

1. agricultural fertilizers that might be of an explosive nature, when the use of the fertilizers is for agricultural or horticultural purposes;

2. a common or contract carrier authorized to carry explosive materials pursuant to the Interstate Commerce Act of 1887 (49 USC 101) or the Illinois Commerce Commission;

3. the purchase, receipt, possession or use by an individual of primers or propellant powder used in muzzleloader firearms, hand loading, reloading or custom loading ammunition for small arms for his or her own use or that of his or her immediate family;

4. the possession or purchase from dealers, importers or manufacturers, by any person who holds a valid Illinois Firearm Owner's Identification card:

A) of the following items:

i) smokeless small arms propellant, except as defined as Division 1.1, 1.2 or 1.3 explosives by 49 CFR 173.5;

ii) black powder not to exceed 5 pounds; and

iii) small arms primers or percussion caps for muzzleloading or modern arms;

B) if the items described in subsection (d)(4)(A) are maintained in containers provided by the manufacturer or containers generally recognized as being suitable for the transportation and storage of, or commerce in, these items at retail, or the transportation or use of those items, by any such person using muzzleloading ammunition for small arms;

5. the acquisition, possession, use, transfer or disposal of explosive materials in connection with mine, quarry, construction, manufacturing or wholesale or retail dealership operations in the ordinary course of business, provided that:

A) the operator has obtained a storage certificate from the Department in accordance with Subpart C;

B) the acquisition, possession, use, transfer or disposal of explosive materials is limited to the operator's business operation;

C) the person or persons designated as "magazine keeper" satisfy the licensure requirements, other than an examination, of this Subpart;

D) the employee, contractor or Department authorized person is under the direct supervision of a licensee under the Act, a blaster licensed under the Surface-Mined Lands Conservation and Reclamation Act [225 ILCS 715], or a blaster or shot firer certified under the Surface Coal Mining Land Conservation and Reclamation Act [225 ILCS 720]. Direct supervision requires a licensed individual to be present at all times during explosive use and disposal;

E) no person convicted of a felony shall be exempt from this requirement unless the individual has been granted a "Relief from Disabilities"; and

F) no person under the age of 18, unless otherwise approved by the Director, shall be allowed to acquire, store, use, possess, transfer or dispose of explosive materials.

History

• Source: Amended at 45 Ill. Reg. 4490, effective March 26, 2021

62 Ill. Adm. Code 200.93 Notice to Local Authorities

Within 10 days after the issuance of an original, temporary, replacement or renewed individual explosives license, the Department shall notify the appropriate law enforcement agency of the municipality or county of the issuance. (Section 2008 of the Act)

History

• Source: Added at 37 Ill. Reg. 14090, effective August 26, 2013

62 Ill. Adm. Code 200.96 Application for Original Licensure

Any person who intends to possess, use, acquire, purchase, transfer or dispose of explosive materials, unless exempted under Section 1005, 2000 or 3000 of the Act, shall make application on forms provided by the Department. The application must be executed under penalties of perjury and accompanied by the required non-refundable fee.

History

• Source: Added at 37 Ill. Reg. 14090, effective August 26, 2013

62 Ill. Adm. Code 200.98 Qualifications for Licensure

a) The Department will issue a license to an applicant who:

1. is at least 21 years of age;

2. has not been convicted in any court of a crime punishable by imprisonment for a term exceeding one year;

3. is not under indictment or information for a crime punishable by imprisonment for a term exceeding one year;

4. is not a fugitive from justice;

5. is not an unlawful user of or addicted to any controlled substance (as defined in Section 802 of the federal Controlled Substances Act) (21 U.S.C. 802);

6. has not been adjudicated as a person with a mental disability, as defined in Section 1.1 of the Firearm Owner's Identification Card Act [430 ILCS 65];

7. is a legal citizen of the United States or lawfully admitted for permanent residence;

8. has not been other than honorably discharged from the armed services; and

9. does not have any outstanding, unpaid, violations with the Department.

b) A person who has been granted a "relief from disabilities" regarding criminal convictions and indictments, pursuant to 27 CFR 555.142, may receive a license provided all other qualifications under the Act are met.

History

• Source: Amended at 48 Ill. Reg. 9600, effective June 24, 2024

62 Ill. Adm. Code 200.100 Application for Original Licensure (repealed)

History

• Source: Repealed at 37 Ill. Reg. 14090, effective August 26, 2013

62 Ill. Adm. Code 200.101 Contents of Application

The application for original licensure shall include:

a) The applicant's full name and any aliases used by the applicant.

b) The applicant's age, sex and date of birth.

c) A physical description of the applicant, which shall include height, weight, color of hair and color of eyes.

d) The applicant's social security number and, if applicable, driver's license number.

e) The applicant's resident address, telephone number and email address.

f) A description of the purposes for which, and the places where, explosive materials are to be possessed, used or stored. This shall also include contingency storage.

g) If explosive materials are to be possessed and used in connection with a business:

1. the name of the business;

2. the form of organization of the business;

3. the applicant's relationship to the business; and

4. the address or addresses and telephone number of any offices in this State out of which the business operates.

h) A recent passport size photograph taken within the preceding 3 years.

i) An employment and personal history statement containing information required under Section 2005 of the Act.

j) Proof that the applicant is a legal citizen of the United States or lawfully admitted for permanent residence.

k) Any other applicable information the Department deems appropriate.

History

• Source: Amended at 48 Ill. Reg. 9600, effective June 24, 2024

62 Ill. Adm. Code 200.102 Fingerprint Cards and Fingerprint-Based Data

An applicant for original licensure, except for an applicant who has previously submitted fingerprint-based data to the Department, shall submit with the application fingerprint-based data, or other state of the art criminal identification data or 2 sets of fingerprint cards on forms specified by the Department. The fingerprint cards shall be accompanied by the required non-refundable fee.

History

• Source: Amended at 37 Ill. Reg. 14090, effective August 26, 2013

62 Ill. Adm. Code 200.103 Written Examination

a) The written examination shall encompass, but is not limited to, the following subject matter:

1. Legal requirements for, and restrictions on, the possession, use, purchase, transfer, storage and disposal of explosive materials in Illinois.

2. Safety principles in the transport, storage, handling and usage of explosive materials (as set forth in "Safety Library Publication No. 4").

b) The passing grade shall be at least 80%.

c) An applicant who fails the first examination may be rescheduled at any time for re-examination. After the second and each subsequent failure, the applicant is ineligible for further examination until the expiration of at least 60 days from the previous examination.

History

• Source: Amended at 48 Ill. Reg. 9600, effective June 24, 2024

62 Ill. Adm. Code 200.104 Incomplete Application

If the application does not contain all of the information or documents required under Section 200.101 for evaluation of the application, or if the fingerprint cards or criminal history background check data originally submitted cannot be processed, the Department shall notify the applicant in writing. The notification shall specify the additional information or documents necessary to complete the application evaluation, or state that substitute fingerprint cards must be submitted, as the case may be, and shall advise the applicant that the application will be deemed denied unless the information, documents or fingerprint-based data are submitted within 30 days following the date of notification.

History

• Source: Amended at 48 Ill. Reg. 9600, effective June 24, 2024

62 Ill. Adm. Code 200.105 Denial of Application

If the applicant fails to qualify for an original license by reason of age, or if the applicant fails to pass the examination within one year after the date of application, or if the applicant fails to make complete application in accordance with Section 200.104, or if the applicant fails to pass the criminal history background check, or if the applicant fails to meet any of the qualifications for licensure under Section 200.98, the Department will deny the application and notify the applicant in writing. The notice shall set forth the reasons for denial and instructions for making any reapplication.

History

• Source: Amended at 37 Ill. Reg. 14090, effective August 26, 2013

62 Ill. Adm. Code 200.106 Refusal to Issue Individual Explosives License or Temporary Explosives License

If, after the Department's investigation of the application, the Department intends to refuse to issue a license, the Department shall notify the applicant in writing of the grounds upon which the intended refusal is based and of the applicant's right to a hearing pursuant to Section 200.1000.

a) The grounds for refusal to issue an individual explosives license or temporary explosives license or to renew an individual explosives license include, but are not limited to, the following:

1. Possession, use, acquisition, transfer, handling, disposal or storage of explosive materials in a manner that endangers the public health, safety or welfare. In making this determination, the Department will consider information in aggravation or mitigation of the occurrence, including, but not necessarily limited to, security precautions utilized, whether commonly accepted industry safety standards were followed, and whether the occurrence was due to conditions beyond the control of the licensee, such as a natural disaster, product defect or sabotage;

2. Refusal to produce records or reports or permit any inspection lawfully requested by the Department;

3. Failure to make, keep or submit any record or report required by the Act or this Part, or making, keeping or submitting a false record or report; or

4. Failure to comply with the licensing requirements of Section 200.98.

b) Whenever the Department intends to refuse to issue an individual explosives license or a temporary explosives license, it shall give written notice to the applicant personally or by certified mail sent to the applicant's last known address. The notice shall include:

1. The specific grounds upon which the Department's refusal to issue the explosives license or temporary explosives license is based;

2. A statement that the applicant may request a hearing to contest the Department's intended action by filing a written request for hearing within 30 days after the date the Department's notice is mailed.

A) All requests for hearing shall be mailed or delivered to:

Illinois Department of Natural Resources

Office of Mines and Minerals

Explosives and Aggregate Division

One Natural Resources Way

Springfield IL 62702-1271

B) Requests for hearing must be filed in accordance with Section 200.930(d)(3).

C) Filing of the request for hearing shall be deemed complete upon its receipt by the Department, as evidenced by the date upon which the Department's mail receipt stamp appears on the request for hearing;

3. A statement that the applicant's failure to make a written request for hearing, in accordance with Section 200.930(d)(4), within 30 days after the Department's notice is mailed will constitute a waiver of the applicant's rights to contest that action and will result in the entry of a final administrative decision affirming the Department's refusal to issue the explosives license or temporary explosives license, which shall be conclusively presumed to be correct.

History

• Source: Amended at 45 Ill. Reg. 4490, effective March 26, 2021

62 Ill. Adm. Code 200.107 Explosives License Renewal

a) An explosives license issued pursuant to this Subpart is valid for 3 years from the date of issuance.

b) The holder of an explosives license may renew that license during the 60 day period preceding its expiration date by submitting a renewal application on forms provided by the Department, together with the required fee (see Subpart D).

c) Any explosives license not renewed within 30 days following its expiration will be cancelled. Any requests after that date to renew or restore will be treated as a new application.

d) The extended renewal period under subsection (c) does not allow an explosives licensee to engage in any conduct or activities for which a license is required during the 30 day period after the license has expired.

e) An explosives license will not be renewed when the applicant has any outstanding, unpaid violations with the Department.

History

• Source: Amended at 48 Ill. Reg. 9600, effective June 24, 2024

62 Ill. Adm. Code 200.108 Temporary Explosives License

a) Any person who intends to possess, use, purchase, acquire, dispose of or transfer explosive materials in Illinois on a limited basis may make application on forms provided by the Department for a temporary explosives license. The application must be executed under penalties of perjury and accompanied by the required non-refundable fee (see Subpart D). A temporary license shall be issued only once to any individual in any continuous three-year period. A temporary explosives license will not be issued when the applicant has any outstanding, unpaid violations with the Department.

b) The application for temporary explosives licensure shall include the same information required for an original explosives license under Section 200.101 and in addition shall include:

1. Evidence of a valid existing explosives license or storage permit issued by ATF, if the federal license is of a classification appropriate to the activities to be conducted under the temporary explosives license;

2. A complete description of the activities requiring the acquisition, storage use, possession, transfer or disposal of explosive materials in Illinois, including the location and length of the project or activity;

3. A current and valid storage certificate, if applicable to the activity, issued under Subpart C;

4. A fingerprint-based data background check; and

5. An attestation that the applicant meets all of the qualifications for licensure listed under Section 200.98.

c) A temporary explosives license issued pursuant to this Section shall entitle the holder to engage only in those activities for which the explosives license was issued and shall be valid only until the activities are completed, but in any event, no more than 90 days from the date of issuance.

History

• Source: Amended at 48 Ill. Reg. 9600, effective June 24, 2024

62 Ill. Adm. Code 200.200 Application for Original Storage Certificate

Any person who intends to store explosive materials, or seeks a modification of a storage certificate, shall make application on forms provided by the Department. The application must be executed under penalties of perjury. A storage certificate will not be issued when the applicant has any outstanding, unpaid violations with the Department.

History

• Source: Amended at 48 Ill. Reg. 9600, effective June 24, 2024

62 Ill. Adm. Code 200.201 Contents of Application

The application for an original storage certificate shall include:

a) The full name and the business and residence addresses and telephone numbers of the person making the application.

b) The full name and the business and residence addresses and telephone numbers of the magazine keeper, if different from the applicant.

c) The location or proposed location of the magazine, global positioning satellite coordinates, county, and, if the magazine is located in an unincorporated area, the name and distance from the nearest municipality.

d) The kind and maximum quantity of explosive materials intended to be stored in the magazine at any one time.

e) The distance or intended distance of the magazine from the nearest magazine building, railroad or highway, and whether the magazine is barricaded.

f) A description of the purposes for which explosive materials are intended to be stored.

g) The full names and explosive license numbers of all persons who will have access to and handle explosive materials, or a statement of the reasons for which an exemption from the individual license requirements is claimed under Section 1004 of the Act.

h) Taxpayer Identification Number (TIN) of business, Employer Identification Number (EIN), or Social Security Number (SSN).

i) Any additional information the Department may require, such as contingency storage, proof of property or explosive magazine ownership, lease agreement, or permission to store explosives.

History

• Source: Amended at 45 Ill. Reg. 4490, effective March 26, 2021

62 Ill. Adm. Code 200.202 Incomplete Application

If the application does not contain all of the information or documents required under Section 200.201 for the Department to evaluate the application, the Department shall notify the applicant in writing. The notification shall specify the additional information or documents necessary to an evaluation of the application, and shall advise the applicant that the application will be deemed denied unless the information or documents are submitted within 30 days following the date of notification.

History

• Source: Amended at 48 Ill. Reg. 9600, effective June 24, 2024

62 Ill. Adm. Code 200.203 Denial of Application

If an applicant fails to make complete application in accordance with Section 200.202 of this Part, the Department shall deny the application and notify the applicant in writing. The notice shall set forth the reasons for denial and instructions for making any reapplication.

62 Ill. Adm. Code 200.204 Magazine Inspection

Upon receipt of a complete application for an original storage certificate, the Department shall inspect the magazine. If the inspector finds that the magazine is located and constructed in accordance with the Act and this Part, the inspector shall determine the quantity of explosive materials that may be stored and shall calculate the required fee. Upon receipt of the inspector's report and the required fee, the Department shall issue the storage certificate.

History

• Source: Amended at 45 Ill. Reg. 4490, effective March 26, 2021

62 Ill. Adm. Code 200.205 Refusal to Issue

If, after the Department's investigation of the application, the Department intends to refuse to issue a storage certificate, the Department shall notify the applicant in writing of the grounds upon which the intended refusal is based, and of the applicant's right to a hearing pursuant to Section 200.930(d)(3).

History

• Source: Amended at 37 Ill. Reg. 14090, effective August 26, 2013

62 Ill. Adm. Code 200.206 Renewal

A storage certificate issued under this Subpart shall expire on the last day of February of each year. The holder of a storage certificate may renew the certificate by submitting a renewal application on forms provided by the Department, together with the required fee (see Subpart D). The renewal application and fee shall be delivered to the Department prior to the expiration date of the storage certificate. A storage certificate will not be renewed when the applicant has any outstanding, unpaid violations with the Department.

History

• Source: Amended at 48 Ill. Reg. 9600, effective June 24, 2024

62 Ill. Adm. Code 200.300 Fees

The following fees shall be paid to the Department for administration of the Act and are non-refundable.

a) The fee for an application and to receive an explosives license is $100 (plus the amount required under contract with the Illinois State Police for processing and/or reprocessing the fingerprints).

b) The fee for re-examination of an applicant is $50.

c) The renewal fee for an explosives license is $100.

d) The fee for a temporary explosives license is $300.

e) Except as provided in subsections (f) and (g) pertaining to Type 5 magazine storage sites and detonator magazines, the fee for an application and to receive a storage certificate is as follows:

Quantity of Explosive Materials

Fee

1 - 50 lbs

$25

51 - 1,000 lbs

$100

1,001 - 50,000 lbs

$150

50,001 - 300,000 lbs

$300

f) The fee for an application and to receive a storage certificate for a Type 5 magazine storage site is as follows:

Quantity of Explosive Materials

Fee

1 - 50,000 lbs

$150

50,001 - 300,000 lbs

$300

g) The fee for an application and to receive a storage certificate for the storage of blasting detonators is as follows:

Number of Detonators

Fee

1 - 1,000

$50

1,001 - 50,000

$150

over 50,000

$300

h) The renewal fee for a storage certificate is the same as for an original certificate.

i) The fee for a replacement explosives license, temporary explosives license or storage certificate (lost, stolen, destroyed) is $50.

j) The fee for a duplicate original license or storage certificate (worn or damaged) is $25.

k) The fee for a modified storage certificate is $25.

History

• Source: Amended at 45 Ill. Reg. 4490, effective March 26, 2021

62 Ill. Adm. Code 200.301 Proration of Fees

An original storage certificate applied for and received during the 6 month renewal period ending the last day of February shall be issued for the balance of the renewal period and the following full year, and the fee shall be calculated at 1½ times the fee specified in Section 200.300(e), (f) and (g) of this Part.

History

• Source: Amended at 37 Ill. Reg. 14090, effective August 26, 2013

62 Ill. Adm. Code 200.302 Fee Exemption – Government Agencies

Fees assessed in connection with explosives licenses, temporary explosives licenses, and storage certificates will be waived for agencies of the federal government and the State of Illinois and its political and civil subdivisions if the storage, acquisition, possession, use, transfer or disposal of explosive material is for emergency law enforcement functions.

History

• Source: Amended at 45 Ill. Reg. 4490, effective March 26, 2021

62 Ill. Adm. Code 200.400 General Storage Requirements

a) All explosive materials shall be stored in magazines that meet the requirements of this Subpart, unless they are:

1. In process of manufacture.

2. Being used.

3. Being loaded or unloaded into or from transportation vehicles or while in the course of transportation.

b) When blasting agents are stored in the same magazine with explosives, the magazine shall be suitable for storage of high explosives.

c) Detonators, such as blasting caps, electric blasting caps, and electronic or non-electric delay devices, shall not be stored in the same magazine with other explosive materials.

d) Explosive materials that are classified as high explosives, including display fireworks in USDOT Class 1, Division 1.1, shall be stored in Type 1 or 2 magazines. Explosive materials classified as low explosives, including display fireworks in USDOT Class 1, Divisions 1.2 and 1.3, shall be stored in Type 1, 2 or 4 magazines. Explosive materials classified as blasting agents shall be stored in Type 1, 2, 4 or 5 magazines. This shall also include all explosive materials and/or devices containing those explosive materials greater than one quarter ounce.

e) Detonators shall be stored in Type 1 or 2 magazines.

f) Detonating cord shall be stored in either a Type 1 or 2 magazine and may be stored in these same type magazines with other explosive materials, except detonators.

g) Explosive materials, including detonators, may be temporarily contained in a Type 3 magazine while the explosive materials are being transported or while attended. Pursuant to ATF Rulings 2009-3 and 2019-1, law enforcement must store explosives in at least a Type 3 magazine and meet all other criteria in those holdings.

History

• Source: Amended at 48 Ill. Reg. 9600, effective June 24, 2024

62 Ill. Adm. Code 200.401 Classification of Magazines

a) Type 1 Magazine. A permanent magazine for the storage of high explosives. Type 1 magazines are bullet resistant, fire resistant, theft resistant and weather resistant.

b) Type 2 Magazine. A portable or mobile magazine for outdoor or indoor storage of high explosives. Type 2 magazines are bullet resistant, fire resistant, theft resistant and weather resistant.

c) Type 3 Magazine. A portable magazine for the temporary containment of explosive materials while attended. An example is a "day box" at the site for blasting operations. Type 3 magazines are fire resistant, theft resistant and weather resistant. A storage certificate is not required for a Type 3 magazine.

d) Type 4 Magazine. A permanent, portable or mobile magazine for outdoor or indoor storage of low explosives. Type 4 magazines are fire resistant, theft resistant and weather resistant.

e) Type 5 Magazine. A permanent, portable or mobile magazine for the storage of blasting agents. Type 5 magazines include tanks, tank trailers, tank trucks, semi-trailers, bulk mix trailers, bulk mix trucks and bins. Type 5 magazines are theft resistant, and outdoor Type 5 magazines are also weather resistant.

History

• Source: Amended at 45 Ill. Reg. 4490, effective March 26, 2021

62 Ill. Adm. Code 200.402 Location of Magazines - Distances and Quantity

a) All outdoor magazines except Type 3 shall be located as provided in the American Table of Distances (Appendix A) for magazines containing any amount of high explosives and the Table of Separation Distances for Low Explosives (Appendix B) for magazines containing low explosives when determining minimum distances to inhabited buildings, passenger railways, public highways and other magazines.

b) Separation Distances in the American Table of Distances, the Table of Separation Distances for Low Explosives and the Table of Separation Distances of Ammonium Nitrate and Blasting Agents from Explosives or Blasting Agents (Appendix C) shall be used in determining minimum separation of storage facilities for explosives, blasting agents and ammonium nitrate. The American Table of Distances and the Table of Separation Distances for Low Explosives shall be used to determine safe distances from inhabited dwellings, highways, passenger railways, and between explosive materials magazines. The Table of Separation Distances of Ammonium Nitrate and Blasting Agents from Explosives or Blasting Agents shall be used to determine non-propagation distances to ANFO blasting agents and to ammonium nitrate. The greater of the distances shown in the American Table of Distances or the Table of Separation Distances for Low Explosives, whichever is applicable, and in the Table of Separation Distances of Ammonium Nitrate and Blasting Agents from Explosives or Blasting Agents shall be used to determine the required separation between a magazine for storage of explosives and a magazine for storage of blasting agents.

c) The storage of explosive materials in indoor magazines shall not exceed 50 pounds in any building or facility. No indoor magazine shall be located in a residence or dwelling. Indoor magazines shall be located on a floor that has an exit at, or ramp to, exterior grade level and shall be located not more than 10 feet from that exit. These requirements shall be waived by the Department if it is determined an alternative location offers improved safety and security. Magazines may be located in the same building or facility when magazines used for detonators are limited to 5,000 detonators. All indoor magazines must be on casters or wheels to facilitate removal from a building in an emergency. The local fire department shall be notified of the location of the magazines and of any change in location.

d) A Type 3 magazine is not subject to the American Table of Distances nor the Table of Separation Distances for Low Explosives, but shall be located as far away as practicable from neighboring inhabited buildings, railways, highways and any other magazines.

History

• Source: Amended at 45 Ill. Reg. 4490, effective March 26, 2021

62 Ill. Adm. Code 200.500 Construction of Magazines

a) The Director may authorize alternate construction for explosives storage magazines when it is shown that the alternate magazine construction is substantially equivalent to the standards of safety and security contained in this subpart. Any person intending to use alternate magazine construction shall submit a letter of application to the Director, specifically describing the proposed magazine. Explosive materials may not be stored in alternate magazines before the applicant has been notified that the application has been approved. (Section 5013(b) of the Act)

b) Magazines constructed according to the following minimum specifications are approved as bullet-resistant as defined by Section 200.11 (all steel and wood dimensions are actual thickness; all concrete block and brick dimensions are nominal thicknesses):

1. Exterior of steel:

A) ⅝ inch steel with an interior lining of any type of non-sparking material.

B) ½ inch steel with an interior lining of not less than ⅜ inch plywood.

C) ⅜ inch steel with an interior lining of:

i) 2 inches of hardwood, or

ii) 3 inches of softwood, or

iii) 2¼ inches of plywood.

D) ¼ inch steel with an interior lining of:

i) 2 inches of hardwood, or

ii) 5 inches of softwood, or

iii) 5¼ inches of plywood, or

iv) 1½ inches of plywood with an intermediate layer of 2 inches of hardwood.

E) 3/16 inch steel with an interior lining of:

i) 4 inches of hardwood, or

ii) 7 inches of softwood, or

iii) 6¾ inches of plywood, or

iv) ¾ inches of plywood with an intermediate layer of 3 inches of hardwood.

F) ⅛- inch of steel with an interior lining of:

i) 5 inches of hardwood, or

ii) 9 inches of softwood, or

iii) ¾ inches of plywood with an intermediate layer of 4 inches of hardwood, or

iv) ¾ inches of plywood with a first intermediate layer of ¾ inch plywood and a second intermediate layer of 3 ⅝ inches of well-tamped dry sand or sand and cement mixture.

2. Exterior of any type of fire-resistant material that is structurally sound with:

A) An interior lining of ½ inch plywood placed securely against an intermediate layer of:

i) 4 inches solid concrete block, or

ii) 4 inches solid brick, or

iii) 4 inches solid concrete.

B) An interior lining of ¾ inches of plywood and a first intermediate layer of ¾- inch plywood, a second intermediate layer of 3⅝ inch well-tamped dry sand or sand and cement mixture, a third intermediate layer of ¾ inch plywood, and a four intermediate layer of 2 inches of hardwood or 14-gauge steel.

C) An intermediate 6 inch space filled with well-tamped dry sand or well-tamped sand and cement mixture.

3. Masonry construction of:

A) Standard 8 inch concrete block with voids filled with well-tamped dry sand or well-tamped sand and cement mixture, or

B) Standard 8 inch solid brick, or

C) 8 inch thick solid concrete.

c) The ground around a magazine shall be graded in such a manner that water will not drain into the magazine.

d) Battery-activated safety lights or battery-activated safety lanterns may be used in explosives storage magazines. Upon request, electric lighting systems for magazines will be authorized by the Department if they meet the standards prescribed by the National Electrical Code, for the conditions present in the magazine at any time. All electrical switches must be located outside of the magazine and also meet the standards prescribed by the National Electrical Code.

e) Type 1, 2, 3 or 4 magazines constructed with masonry walls or with any ferrous metal must have such interior surfaces covered with a non-sparking lattice, paint, mastic, or equivalent lining to prevent direct contact with stored explosive materials.

f) In a Type 5 magazine, ferrous metal may be exposed on the interior of the magazine provided it cannot rupture the packages of explosive materials.

History

• Source: Amended at 37 Ill. Reg. 14090, effective August 26, 2013

62 Ill. Adm. Code 200.501 Type 1 Magazine

A Type I magazine shall be a permanent structure, such as a building or an igloo, that is bullet resistant, fire resistant, theft resistant, weather resistant and ventilated.

a) Walls

The walls shall be constructed according to any of the specifications listed in Section 200.500.

b) Doors

The doors shall be constructed according to any of the specifications listed in Section 200.500.

c) Roof

The roof shall be constructed of any type of structurally sound materials that are or have been made fire resistant on the exterior.

d) Roof or Ceiling

Where the natural terrain around a Type I magazine makes it possible to shoot a bullet through the ceiling or roof at such an angle that a bullet could strike the explosive materials stored in the magazine, then either the roof or ceiling shall be of bullet-resistant construction. A bullet-resistant roof shall be constructed according to any of the specifications listed in Section 200.500. A bullet-resistant ceiling may be constructed at the eave line, covering the entire area of the magazine except the space necessary for ventilation. Examples of ceiling construction that are considered bullet resistant are:

1. A sand tray having a depth of not less than 4 inches of sand.

2. Any construction meeting specifications of Section 200.500.

e) Foundation

The foundation may be of masonry, wood or metal and shall be completely enclosed except for openings to provide cross-ventilation. A wooden foundation enclosure shall be covered on the exterior with a fire-resistant material.

f) Floor

The floor may be constructed of wood or other suitable materials. Floors constructed of materials that may cause sparks shall be covered with a surface of non-sparking materials or the packages of explosive materials shall be placed on pallets of non-sparking materials.

g) Ventilation

Ventilation shall be provided to prevent dampness and heating of stored explosive materials. Ventilating openings shall be screened to prevent the entrance of sparks. Ventilation openings in side walls and foundations shall be offset or shielded for bullet-resistant purposes. Magazines having foundation and roof ventilators with the air circulating between the side walls and the floors and between the side walls and the ceiling shall have a wooden lattice lining or equivalent to prevent the packages of explosive materials from being stacked against the side walls and blocking the air circulation.

h) Locks

Each door shall be equipped with two mortise locks; or with two padlocks fastened in separate hasps and staples; or with a combination of a mortise lock and a padlock; or with a three point lock, or equivalent type of lock that secures a door to the frame at more than one point. Padlocks shall be steel having at least five tumblers and at least ⅜ inch diameter case-hardened shackle. All padlocks shall be protected by ¼ inch steel hoods that are installed in such a manner as to discourage insertion of bolt cutters, saws, files or levering devices. Doors that are secured by at least two substantial internal bolts or bars do not require additional locking devices. Hinges and hasps shall be of substantial theft-resistant construction and all locking hardware shall be rigidly secured and fastened by welding or through bolts that cannot be removed when the door is locked.

History

• Source: Amended at 37 Ill. Reg. 14090, effective August 26, 2013

62 Ill. Adm. Code 200.502 Type 2 Magazine

A Type 2 magazine shall be a portable or mobile structure, such as a box, skid-magazine, trailer or semi-trailer, that is bullet resistant, fire-resistant, theft resistant, weather resistant, and ventilated, except that Type 2 indoor magazines need not be bullet or weather resistant or ventilated. Any construction specified for a Type 1 magazine is acceptable for a Type 2 magazine.

a) Type 2 Outdoor Magazines. Outdoor magazines shall be constructed according to the following specifications or to any of the specifications listed in Section 200.500.

1. The exterior and doors shall be constructed of not less than ¼ inch steel and lined with at least two inches of hardwood. Magazines with top openings shall have lids with water-resistant seals or that overlap the sides by at least one inch when in a closed position.

2. Floors covered of ferrous metal shall be covered with a surface of non‑sparking material. Magazines with top openings shall have a lid that overlaps the sides by at least one inch when in closed position.

3. The magazine shall be supported in such a manner as to prevent the floor from having direct contact with the ground. Magazines less than one cubic yard in size shall be securely fastened to a fixed object to prevent theft of the entire magazine.

4. Hinges, hasps, locks and locking hardware shall conform to the provisions for Type 1 magazines as specified in Section 200.501(h). When unattended, a vehicular magazine shall have wheels removed, or be locked with a kingpin locking device, or otherwise be effectively immobilized and approved by the Department inspector.

b) Type 2 Indoor Magazine

1. Type 2 indoor magazines constructed of wood shall have sides, bottoms and lids or doors constructed of two inch wood and shall be well braced at corners. The magazines shall be covered with sheet metal of not less than 26-gauge. Nails exposed to the interior of such magazines shall be countersunk.

2. Type 2 indoor magazines constructed of metal shall have sides, bottoms and the lids or doors constructed of 12-gauge metal and shall be lined inside with a non-sparking material. Edges of metal lids shall overlap sides at least one inch.

3. Type 2 indoor magazines shall be provided with substantial wheels or casters to facilitate removal from a building in an emergency. The lid of the magazines shall have substantial strap hinges and a means for locking with at least a five tumbler steel padlock having at least a ⅜ inch diameter case-hardened shackle. The magazines shall be kept locked except during the placement or removal of explosive materials.

4. Type 2 indoor magazines shall bear contrasting lettering, on top, at least three inches high, reading "Explosives – Keep Fire Away" or a similar warning.

History

• Source: Amended at 48 Ill. Reg. 9600, effective June 24, 2024

62 Ill. Adm. Code 200.503 Type 3 Magazine

A Type 3 magazine shall be a portable structure that is fire-resistant, theft-resistant, weather-resistant, and ventilated.

a) Type 3 magazines shall be constructed according to the following specifications or to any of the specifications listed in Section 200.500 of this Part which is practical.

1. A type 3 magazine is to be constructed of not less than number 12 gauge (.1046 inches) steel, lined with at least either ½-inch plywood or ½-inch Masonite-type hardboard.

2. Doors must overlap sides by at least one inch.

3. Hinges and hasps are to be attached by the welding, riveting or bolting with the nuts on the inside.

b) Type 3 magazines shall be equipped with at least a five-tumbler steel padlock having at least a ⅜ inch-diameter case hardened shackle.

62 Ill. Adm. Code 200.504 Type 4 Magazine

A Type 4 magazine shall be a permanent, portable or mobile structure such as a building, igloo, box, semi-trailer or other mobile containers that is fire-resistant, weather resistant and ventilated, except that over-the-road trucks or semi-trailers used for temporary storage need not be ventilated or fire-resistant.

a) Type 4 Outdoor Magazine.

A Type 4 outdoor magazine shall be constructed of masonry, wood covered with metal, fabricated metal or a combination of these materials. Inside walls shall be constructed of non-sparking materials. The door shall be metal or wood covered with metal. The requirements of Section 200.501(e), (f) and (h) pertaining to foundations, floors, hinges, hardware and locks shall apply to permanent Type 4 outdoor magazines.

b) When unattended, a vehicular magazine shall have wheels removed, or be locked with a kingpin locking device, or otherwise be effectively immobilized and approved by the Department inspector.

c) Type 4 Indoor Magazine.

A Type 4 indoor magazines shall be constructed in accordance with the provisions for a Type 2 indoor magazine set forth in Section 200.502.

History

• Source: Amended at 48 Ill. Reg. 9600, effective June 24, 2024

62 Ill. Adm. Code 200.505 Type 5 Magazine

A Type 5 magazine shall be a permanent, portable or mobile structure, such as a building, igloo, box, bin, tank, semi-trailer, bulk trailer, tank trailer, bulk truck, tank truck or other mobile container, that is fire resistant, theft resistant, weather resistant, and ventilated, except that over-the-road trucks or semi-trailers used for temporary storage need not be fire resistant or ventilated and indoor magazines need not be weather resistant or ventilated. Interior of Type 5 magazines need not be covered with non-sparking material.

a) Each door of a Type 5 magazine shall be locked with at least one steel case five-tumbler padlock having at least a ⅜ inch diameter case-hardened shackle. A hood for the padlock is not required. Hinges and hasps shall be of substantial theft-resistant construction and all locking hardware shall be rigidly secured and fastened by welding or through bolts that cannot be removed when the door is locked.

b) When unattended, a vehicular magazine shall have wheels removed, or be locked with a kingpin locking device, or otherwise be effectively immobilized.

c) Where mobile or portable Type 5 magazines are permissible and used, "magazine", for the purpose of obtaining certificates and calculating fees, means the site on which the magazines are located. (Section 1003 of the Act)

History

• Source: Amended at 37 Ill. Reg. 14090, effective August 26, 2013

62 Ill. Adm. Code 200.600 Magazine Keeper

a) Magazines shall, at all times, be in the charge of a competent person, known as the magazine keeper, who shall be at least 21 years of age, possess a valid Illinois explosives license unless exempted under Section 2000 of the Act, and be conversant with, and will be responsible for the enforcement of, all safety and security precautions. The current business and residence addresses, Social Security Number, and telephone numbers of the magazine keeper shall be on file with the Department at all times.

b) The magazine keeper is responsible for seeing that the magazine is operated and maintained in accordance with this Part and that all reports and records are made and kept in accordance with Subpart I. The holder of the certificate may designate additional magazine keepers who must meet all the qualifications in the definition of magazine keeper (Section 200.11).

History

• Source: Amended at 45 Ill. Reg. 4490, effective March 26, 2021

62 Ill. Adm. Code 200.601 Security Precautions

a) Inspection

All magazines containing explosive materials shall be inspected at least every 7 calendar days to determine whether there has been an unauthorized entry or attempted entry into the magazines, or to determine whether there has been unauthorized removal of the magazines or their contents. This inspection does not require a physical inventory unless there is evidence of unauthorized entry or removal of regulated explosive materials. This inspection must be documented.

b) Locks

Magazine doors shall be kept locked, except during the placement or removal of explosive materials, or during inspections or inventories.

History

• Source: Amended at 45 Ill. Reg. 4490, effective March 26, 2021

62 Ill. Adm. Code 200.602 Safety Precautions – General

a) Safety Rules

Safety rules (available from the Department) covering the operations of magazines shall be posted on the interior of the magazine door.

b) Warning Signs

The premises upon which all outdoor magazines are located shall be posted with signs reading "Explosives – Keep Off" or "Explosives – Magazine – Dangerous" or bearing other similar words of warning. Signs shall be located so that a bullet passing directly through the sign cannot strike the magazine.

c) Combustible, Sparking Materials, Equipment

Magazines shall be used exclusively for the storage of explosive materials and blasting accessories. No metal tools, other than nonferrous conveying equipment, may be stored in the magazine unless protected by a non-sparking paint. Combustible materials shall not be stored within 50 feet of magazines.

d) Smoking, Flames, Magazines

Smoking, matches, open flames, spark-producing devices, and firearms shall not be permitted inside of, or within 50 feet of, magazines, except that authorized persons may carry firearms within 50 feet of, but not inside, a magazine.

e) Smoking, Flames, Explosive Materials

Smoking, matches, open flames, spark-producing devices not intended for initiation, and firearms shall not be permitted within 50 feet of any person possessing or handling explosive materials.

f) Unstable, Leaking Materials

When explosive materials have deteriorated to an extent that they are in an unstable or dangerous condition, or leaked explosive components are present, then the person in possession of the explosive material shall immediately proceed to deal with the explosive material in accordance with the instructions of the manufacturer. Only authorized persons shall direct the work of destroying explosive materials. If the person does not or is unable to dispose of the hazard immediately, the Department may seize the explosive materials and have them rendered safe by a certified bomb technician.

g) Under the Influence During Use or Possession of Explosive Materials

1. No person shall use or possess explosive materials while under the influence of:

A) alcohol;

B) any narcotic drug, as defined in the federal Controlled Substances Act (21 U.S.C. 802); or

C) marijuana, as defined in the federal Controlled Substances Act.

2. In the event that there is a reasonable suspicion of any individual being under the influence, the individual shall consent to testing performed by personnel certified to perform such testing.

History

• Source: Amended at 48 Ill. Reg. 9600, effective June 24, 2024

62 Ill. Adm. Code 200.603 Safety Precautions – Handling and Storage

a) Use of Stocks

When explosive material is removed from a magazine for use, the oldest stocks shall be removed first. When the certificate holder has adopted a quality control program that does not necessarily involve the removal of the oldest stock first, but that complies with Section 200.602(f), the requirements of this subsection shall be deemed to be met.

b) Like Stocks Together

Corresponding grades and brands shall be stored in a magazine together and in such a manner that brand and grade marks are visible. All stocks shall be stored so as to be easily counted and checked.

c) Stacking

Containers of explosive materials shall be stacked in a stable manner to prevent shifting or falling. Rigid containers of explosive materials shall be laid flat, and cases shall be placed with top side up.

d) Ventilation

Explosive materials shall be stored within a magazine so as not to interfere with required ventilation.

e) Black Powder

Black powder, when stored in the same magazine with other explosive material, shall be stacked separately.

f) Containers

Containers of explosive materials that have been opened shall be securely closed before being placed in a magazine. Only fiberboard containers may be opened in the magazine. Explosive materials shall be stored in the original container.

g) Damaged Containers

Containers of damaged explosive materials shall not be unpacked or repacked in, or within 50 feet of, a magazine or in close proximity to other explosive materials.

h) Non-Sparking Tools

Tools used for opening containers of explosive materials shall be constructed of non-sparking material, except that metal slitters may be used for opening fiberboard containers, provided that the metal slitter does not come into contact with any metallic fasteners that may be in, or part of, the case. Only a wooden wedge and a fiber, rubber or wooden mallet shall be used for opening or closing wood containers of explosive materials.

i) Stained Floors

Magazine floors stained with leaked explosive components shall be dealt with according to instructions of the manufacturer.

j) Distance Between Staging Area and Spectators

The distance from the spectators to the staging area, also known as the blast zone or display site, for an aerial fireworks display shall be no less than 70 feet for every inch of diameter of the largest shell being used.

k) When working from a barge or floating platform, personal floatation devices equipped with a visual location device (water activated flashing light) is required during initiation of explosives.

l) Staple Guns

Staple guns cannot be used to secure quick match to the mortar rack of any type of pyrotechnic material.

m) Prior to initiation:

1. Ample warning shall be given to allow all persons to be evacuated.

2. All access routes to the blast zone shall be guarded or barricaded to prevent the passage of unauthorized persons or vehicles.

3. The initiation system shall not be connected to the explosives or explosive device until just prior to initiation.

n) Outdoor explosive storage magazines shall be grounded to prevent the accumulation of static electricity and stray current.

History

• Source: Amended at 48 Ill. Reg. 9600, effective June 24, 2024

62 Ill. Adm. Code 200.604 Magazine Maintenance and Repair

a) Sweeping, Cleaning

Magazine floors shall be regularly swept and kept clean, dry, and free of grit, paper and rubbish. Brooms and other cleaning utensils shall not have any spark-producing metal parts. Sweepings of explosive materials from the floors of magazines shall be disposed of in accordance with safe handling procedures.

b) Exterior Maintenance

The land within 25 feet of any magazine shall be kept clear of rubbish, brush, dried grass, leaves, dead trees, and all live trees less than 10 feet high.

c) Interior Repairs

When magazines need interior repairs, all explosive materials shall be removed from the magazine and the floors shall be cleaned before and after making repairs.

d) Exterior Repairs

In making exterior magazine repairs, when there is a possibility of causing sparks or fire, all explosive materials shall first be removed from the magazine.

e) Storage During Repair

Explosive materials removed from a magazine under repair shall either be placed in another magazine or placed a safe distance (50 feet or more) from the magazine, where they shall be properly guarded and protected until repairs have been completed. In determining safe distance, the type and extent of repair and the potential for production of spark or flame shall be considered, but in no event shall the distance be less than that specified in the American Table of Distances and the Separation Distances of Ammonium Nitrate and Blasting Agents from Explosives or Blasting Agents. Upon completion of repairs, the explosive materials shall be properly returned to the magazine.

History

• Source: Amended at 45 Ill. Reg. 4490, effective March 26, 2021

62 Ill. Adm. Code 200.700 Requirements for Type 3 Magazines

a) Type 3 magazines are intended only for the temporary containment of explosive materials and are authorized for storage only during transport to, and use at, the blast area. A storage certificate is not required for a Type 3 magazine.

b) Type 3 magazines containing explosive materials must be attended at all times. "Attended at all times", as defined in Section 200.11, means that the magazine must always be within the line of sight of, and visible to, a member of the work or blasting crew authorized to enter the magazine. Pursuant to ATF Rulings 2009-3 and 2019-1, this subsection does not apply to law enforcement.

c) Type 3 magazines must be locked during transport to and from the permanent magazine and blast area except during continuous drilling and loading at the site. The requirements that Type 3 magazines be locked as specified in this subsection are in addition to the requirements that Type 3 magazines be attended at all times.

d) Daily, at the conclusion of blasting operations, all explosive materials shall be returned to a Type 1, 2, 4 or 5 magazine, as appropriate, for unattended storage.

e) All regulated explosives that are in a Type 3 magazine and/or at a blast/display site or any other site, and that are not being stored in a Department certified explosive storage magazine, must be attended at all times.

f) Type 3 magazines and blast zones shall be posted with warning signs in accordance with Section 200.701(a).

g) A person who may or may not meet the minimum criteria for qualifying under the regulated guidelines set forth by the Federal Department of Transportation, Pipeline and Hazardous Materials Safety Administration, shall at a minimum, adhere to the standards set forth by this Part, including, but not limited to, the Federal Department of Transportation hazmat placarding, during transportation, explosives transportation requirement for a Type 3 magazine, Sections 200.503 and 200.700, and any necessary records providing detailed information of the explosive materials, as listed in Section 200.30.

History

• Source: Amended at 48 Ill. Reg. 9600, effective June 24, 2024

62 Ill. Adm. Code 200.701 On-Site Vehicles; Warning Signs

a) Every vehicle carrying explosive materials on mine, quarry, construction or other blast zones shall have the word "Explosive" painted on or attached to all 4 sides of the vehicle.

b) The requirements of subsection (a) do not apply to any vehicle placarded in accordance with the Hazardous Materials Emergency Act [430 ILCS 50].

c) No individual shall approach, ride upon, drive, load or unload a vehicle carrying explosive material carelessly, recklessly, or while smoking or under the influence of intoxicating liquor or narcotic drug.

d) No individual shall place or carry, or cause to be placed or carried, in or upon a vehicle containing explosive material any metal tool, piece of metal, fire, or any match, exploder, detonator, blasting cap or other device for producing spark, flame or heat, except tools for the operation and repair of the vehicle and tools normally used for preparation of explosive materials for blasting. This subsection does not apply to storage regulated by 49 CFR 170 through 189.

e) No passengers, other than authorized helpers, shall be carried in or upon a vehicle containing an explosive material.

History

• Source: Amended at 45 Ill. Reg. 4490, effective March 26, 2021

62 Ill. Adm. Code 200.800 Possession of License

a) Licenses issued under Subpart B must be carried on the person at all times when the licensee is purchasing, acquiring, possessing, using, disposing of, transferring, manufacturing or otherwise handling explosive materials. This Subpart shall not apply to binary exploding targets being used for their intended personal use (see 27 CFR 555).

b) Upon request, licensees must present their license to Department or law enforcement personnel, as required by the Department.

History

• Source: Amended at 45 Ill. Reg. 4490, effective March 26, 2021

62 Ill. Adm. Code 200.801 Posting of Storage Certificate

The original storage certificate issued under Subpart C of this Part must be posted in the magazine for which the certificate was issued, or kept at the magazine keeper's principal place of business (or residence if no separate business office is maintained). If the original storage certificate is kept at the magazine keeper's principal place of business or residence, a copy shall be posted in the magazine.

62 Ill. Adm. Code 200.802 Report of Lost, Stolen or Destroyed Explosives License, Temporary Explosives License or Storage Certificate

a) Upon discovery that an explosives license, a temporary explosives license, or a storage certificate has been lost, stolen or destroyed, the holder must notify the Department immediately by phone.

b) Written notice shall be sent to the Department within 5 days after the phone notification, shall be executed under penalties of perjury, and shall include a description of the time, location and circumstances surrounding the loss, theft or destruction of the license or certificate. This written notice may be submitted by email to DNR.Explosives@illinois.gov.

c) Upon receipt of the notice, the Department will cancel the license or storage certificate and, upon payment of the required fee (see Subpart D), will issue a new original license or storage certificate with a newly assigned license or certificate number.

d) At any time a lost or stolen certificate is found or recovered, it must be returned to the Department.

History

• Source: Amended at 45 Ill. Reg. 4490, effective March 26, 2021

62 Ill. Adm. Code 200.803 Worn or Damaged License or Storage Certificate

At any time an explosives license, a temporary explosives license or a storage certificate becomes worn or damaged to the extent that it is illegible in any respect, it must be returned to the Department. Upon receipt of the original license or storage certificate, and the required fee (see Subpart D), the Department will issue a duplicate original.

History

• Source: Amended at 37 Ill. Reg. 14090, effective August 26, 2013

62 Ill. Adm. Code 200.804 Report of Changed Conditions; Cancellation or Modification of Storage Certificate

a) The holder of a storage certificate shall notify the Department of any changed condition affecting the storage certificate. Changed conditions include, but are not limited to, the relocation of a magazine, the construction of additional magazines, and the construction and/or opening of an inhabited building, highways or railways affecting the distance requirements set forth in Section 200.402.

b) Notification shall be in writing, and can also be by electronic submission at DNRExplosives.gov or by telephone at (217)782-9976, and shall be made as soon as practicably possible after discovery of the changed condition, but in any event no later than 5 business days prior to the intended relocation or addition of magazines, or the scheduled habitation or public opening of buildings, highways or railways.

c) In circumstances in which the holder had no notice of a changed condition affecting the storage certificate, the holder shall contact the Department immediately by telephone at (217)782-9976 or by email at DNRExplosives.gov upon discovery of the changed condition.

d) Upon notification, the Department will conduct an inspection and will cancel or modify the storage certificate as appropriate. Modification may include, but is not limited to, relocation, reduction of the quantity of explosive materials that may be stored, and the requirement of a barricade.

e) When the Department issues a modified storage certificate, the fee specified in Subpart D shall be assessed for each storage certificate requiring modification.

f) The certificate holder shall be allowed to relocate an approved magazine within the same geographic site without payment of additional fees, provided the new location will allow storage of the same amount of explosives indicated on the existing certificate. The Department must be notified in advance of the relocation. The relocation of a magazine in this manner does not constitute a modification.

g) Storage certificates issued under the Act are not transferable. In the event of the lease, sale or other transfer of the business or operations covered by the certificate, the new owner, tenant or successor in interest must obtain the storage certificate required by this Part before storing explosive materials. (Section 3002(d) of the Act)

History

• Source: Amended at 37 Ill. Reg. 14090, effective August 26, 2013

62 Ill. Adm. Code 200.805 Report of Theft or Loss of Explosive Materials and Accidents, Injuries or Incidents

a) An explosives license holder, temporary explosives license holder, or storage certificate holder shall immediately report to the Office of Mines and Minerals by telephone at (217)782-9976 and in writing within 24 hours after any accident, injury or incident involving explosive materials. This shall include recovery or seizure of explosive materials from any individual, licensed or unlicensed, or unplanned initiation of explosive materials, or unplanned events after explosive initiations, including any explosives accident, injury, or incident that results in death, personal injury or property damage. This written notice may be submitted by email at DNR.Explosives@illinois.gov.

b) An explosives licensee, temporary explosives licensee, or storage certificate holder shall report the theft or loss of explosive materials to the Office of Mines and Minerals immediately by telephone at (217)782-9976 within 24 hours after discovery. These same reporting requirements apply to the loss of explosive materials due to bankruptcy, when explosive materials are under the control of another person that is not in compliance with the requirements of the Act or this Part. The explosives licensee, temporary explosives licensee or storage certificate holder shall also immediately notify local law enforcement of the theft or loss of explosive materials.

c) The written notice shall be executed under penalties of perjury and shall include a complete description of the explosive materials, including the manufacturer, brand name, any manufacturer marking, quantity, and the circumstances surrounding the theft or loss. The written notice shall also identify local law enforcement agencies contacted by the explosives licensee or storage certificate holder. This written notice may be submitted by email to DNR.Explosives@illinois.gov.

History

• Source: Amended at 48 Ill. Reg. 9600, effective June 24, 2024

62 Ill. Adm. Code 200.806 Records of Transactions – Explosives Licensees, Temporary Explosives Licensees and Storage Certificate Holders

a) The requirements of this Section shall not apply to any explosives licensee or storage certificate holder who is a holder of an explosives license, a temporary explosives license or permit issued by ATF and who satisfies the recordkeeping requirements for transactions of explosive materials prescribed by ATF, except that, in all cases, the information required under subsection (b)(2) shall be recorded. Unless otherwise exempted by the Act, it shall be unlawful to sell explosives to a person who does not possess a valid Illinois explosives license or storage certificate. The Department shall be allowed to inspect all ATF records. Failure to produce the records or failure to keep complete records may be cause for enforcement action under Subpart J.

b) Any person, explosives licensee, temporary explosives licensee or holder of a storage certificate shall maintain a record of each transaction in which explosive materials are sold, purchased, used, disposed of or otherwise transferred. The record shall be made on a sales slip, delivery ticket, invoice, ATF transaction record form, or other document and shall include:

1. the name and address of the seller or person from whom the explosive materials were procured;

2. the name, address and Illinois explosives license, temporary explosives license or storage certificate number (with expiration date), if applicable, of the purchaser or person to whom the explosive materials were delivered;

3. the date of purchase or delivery; and

4. the quantity and description of the explosive materials.

c) Records of transactions for each explosives license, temporary explosives license or storage certificate shall be kept and maintained for a minimum of five years. The transaction records shall be produced by the licensee or certificate holder upon request by the Department.

History

• Source: Amended at 48 Ill. Reg. 9600, effective June 24, 2024

62 Ill. Adm. Code 200.807 Daily Summary of Magazine Transactions

A record of the daily inventory shall be kept for each magazine other than a Type 3 magazine. The record shall contain, by manufacturer or brand name, the total quantity of explosive materials received in and removed from the magazine, and the total remaining on hand at the end of the day. Any discrepancy that indicates a theft or loss of explosive materials must be reported in accordance with Section 200.805. The daily inventory records shall be kept for at least five years.

History

• Source: Amended at 48 Ill. Reg. 9600, effective June 24, 2024

62 Ill. Adm. Code 200.808 Transactions – Black Powder

a) In lieu of the requirements of Sections 200.806 and 200.807, a holder of a storage certificate who engages in the sale of black powder in quantities not exceeding 5 pounds for sporting and recreational uses shall maintain a record of each transaction. The record shall be made in a book or ledger kept for that purpose and shall include:

1. the name, address and storage certificate number of the seller;

2. the name and address of the purchaser;

3. the Firearm Owner's Identification (FOID) card number of the purchaser if the purchaser is a resident of Illinois, or other positive identification if the purchaser is a non-resident;

4. the date of purchase; and

5. the quantity of black powder transacted.

b) Records of transactions shall be kept in chronological order and maintained for a minimum of five years from the date of the transaction at the storage site.

History

• Source: Amended at 48 Ill. Reg. 9600, effective June 24, 2024

62 Ill. Adm. Code 200.809 Record of Annual Physical Magazine Inventory

a) The holder of a storage certificate shall conduct and make a complete record of the physical inventory of explosive materials annually during the 6 month renewal period. If the inventory is conducted at the time of or prior to the annual inspection provided for in Section 200.206, the record shall be made available to the Department at the annual inspection. If the inventory is conducted after the annual inspection is completed, the holder shall submit a copy to the Department prior to the last day of February.

b) In addition, the holder of a storage certificate shall conduct and make a complete record of the physical inventory whenever the Department or holder has reason to believe, based on a personal observation, a review of records, or information received from other persons, that explosive materials may be lost or stolen from a magazine or otherwise unaccounted for, or that the amount or type of explosives being stored is not in compliance with the storage certificate. The holder of a certificate of storage shall also conduct and make a complete record of the physical inventory upon the request of the Department, based on the same beliefs. A special inventory conducted and recorded under this subsection satisfies the annual inventory requirement if it is conducted and recorded during the 6 month renewal period.

c) The annual inventory requirements of subsection (a) shall not apply to a storage certificate holder who is a holder of an explosives license, a temporary explosives license or storage permit issued by ATF and who satisfies the annual and special inventory requirements prescribed by ATF, but compliance will not relieve the holder of a storage certificate from the obligation of conducting special inventories in accordance with subsection (b). The Department shall be allowed to inspect the inventory records and failure to produce the records or failure to keep complete records may be cause for enforcement action under Subpart J.

History

• Source: Amended at 37 Ill. Reg. 14090, effective August 26, 2013

62 Ill. Adm. Code 200.810 Inspections (repealed)

History

• Source: Repealed at 37 Ill. Reg. 14090, effective August 26, 2013

62 Ill. Adm. Code 200.815 Monitoring and Reporting

Pursuant to Section 4003(a) of the Act, the Department shall require the licensee to maintain any records pertaining to the possession, use, manufacture, purchase, transfer and storage of explosive materials as the Department may prescribe and shall furnish the Department or its authorized representatives those records or other relevant information legally requested by the Department or its representatives. Explosives licensees and storage certificate holders shall maintain their records and other relevant information at a safe and secure location that is not in the immediate area where the explosives are stored.

History

• Source: Amended at 45 Ill. Reg. 4490, effective March 26, 2021

62 Ill. Adm. Code 200.900 Notice of Department's Intended Action; Contents and Services (repealed)

History

• Source: Repealed at 37 Ill. Reg. 14090, effective August 26, 2013

62 Ill. Adm. Code 200.901 Request for Hearing on Department's Intended Action; Contents and Service (repealed)

History

• Source: Repealed at 37 Ill. Reg. 14090, effective August 26, 2013

62 Ill. Adm. Code 200.902 Notice of Hearing (repealed)

History

• Source: Repealed at 37 Ill. Reg. 14090, effective August 26, 2013

62 Ill. Adm. Code 200.903 Postponement or Continuance of Hearing (repealed)

History

• Source: Repealed at 37 Ill. Reg. 14090, effective August 26, 2013

62 Ill. Adm. Code 200.904 Hearing Officer; Powers and Duties (repealed)

History

• Source: Repealed at 37 Ill. Reg. 14090, effective August 26, 2013

62 Ill. Adm. Code 200.905 Pre-Hearing Conferences (repealed)

History

• Source: Repealed at 37 Ill. Reg. 14090, effective August 26, 2013

62 Ill. Adm. Code 200.906 Burden and Standard of Proof (repealed)

History

• Source: Repealed at 37 Ill. Reg. 14090, effective August 26, 2013

62 Ill. Adm. Code 200.907 Default (repealed)

History

• Source: Repealed at 37 Ill. Reg. 14090, effective August 26, 2013

62 Ill. Adm. Code 200.908 Evidence (repealed)

History

• Source: Repealed at 37 Ill. Reg. 14090, effective August 26, 2013

62 Ill. Adm. Code 200.909 Briefs (repealed)

History

• Source: Repealed at 37 Ill. Reg. 14090, effective August 26, 2013

62 Ill. Adm. Code 200.910 Hearing Officer's Decision (repealed)

History

• Source: Repealed at 37 Ill. Reg. 14090, effective August 26, 2013

62 Ill. Adm. Code 200.911 Final Administrative Decision (repealed)

History

• Source: Repealed at 37 Ill. Reg. 14090, effective August 26, 2013

62 Ill. Adm. Code 200.912 Administrative Fines (repealed)

History

• Source: Repealed at 37 Ill. Reg. 14090, effective August 26, 2013

62 Ill. Adm. Code 200.913 Immediate Suspension Without Notice of Hearing (repealed)

History

• Source: Repealed at 37 Ill. Reg. 14090, effective August 26, 2013

62 Ill. Adm. Code 200.914 Computation of Time (repealed)

History

• Source: Repealed at 37 Ill. Reg. 14090, effective August 26, 2013

62 Ill. Adm. Code 200.915 Inspections by the Department

a) Explosives licensees, temporary explosives licensees, persons, and storage certificate holders shall make all required records available to authorized representatives of the Department and shall permit their locations and facilities to be inspected by representatives of the Department. A person who is unlicensed and/or has storage that has not been certified by the Department will only be inspected when there is probable cause established prior to the inspection.

b) The Department will conduct inspections of explosives locations and facilities as follows:

1. Upon receipt of an original, renewal or modification storage certificate application;

2. At such other times and conditions as the Department deems appropriate. Inspections may be conducted randomly without prior notice; or

3. Upon complaint from the industry, public, agencies of the State or federal agencies regarding the safe and proper storage, handling, and use of explosive materials.

c) Obstruction of an inspection or investigation, by licensed or unlicensed persons, will result in an immediate suspension of the license and/or storage certificate of a licensed person, and those persons, licensed or unlicensed, are subject to violations and penalties per Section 5011 of the Act.

History

• Source: Amended at 48 Ill. Reg. 9600, effective June 24, 2024

62 Ill. Adm. Code 200.920 Enforcement Actions

a) Pursuant to Sections 2011, 3002, 3004, 5001 and 5006 of the Act, the Department is authorized to take the following enforcement actions:

1. refuse to issue or renew an explosives license, a temporary explosives license, or a storage certificate, as set forth in Subparts B and C;

2. suspend or revoke an explosives license, a temporary explosives license, or a storage certificate with notice of a hearing;

3. summarily suspend or revoke an explosives license, a temporary explosives license, or a storage certificate without notice of a hearing when the Department finds that a condition or practice exists that could reasonably be expected to cause death, serious physical harm, or property damage;

4. cancellation of a storage certificate for storage of explosive materials in excess of the amount authorized by the certificate or change in physical conditions surrounding the magazine, as set forth in Subpart I;

5. imposition of fines not to exceed $5,000 per occurrence;

6. issuance of a notice of violation;

7. imposition of temporary or permanent conditions on a license or storage certificate;

8. any other disciplinary action the Department may deem proper;

9. apply for an administrative search warrant; and

10. issuance of a violation to any individual/person possessing, using, acquiring, transferring, handling, disposing, or storage explosive materials in a manner that endangers the public health, safety, or welfare (public endangerment) pursuant to 225 ILCS 210 and this Part.

b) Term of Suspension or Revocation

In those instances in which the Department suspends or revokes a license or certificate, the term of the suspension or revocation shall not exceed 5 years.

c) Death of Magazine Keeper

If a licensee or magazine keeper dies, an additional magazine keeper listed on the storage certificate paperwork will become the magazine keeper. If no qualified licensees or magazine keeper exists, the explosives shall be seized through its agents and/or local law enforcement for public safety purposes (see 225 ILCS 210).

d) Bankruptcy

If a licensee or storage certificate holder enters bankruptcy, liquidation or receivership or has a receiving order made against it, then any receiver, trustee in bankruptcy, or liquidator shall be treated as being the licensee, or magazine keeper, and must possess and/or store explosive material in compliance with the Act and this Part. If no qualified licensee or magazine keeper exists, the explosives shall be seized through its agents and/or local law enforcement for public safety purposes.

e) Bankruptcy of Licensee's Business

If a licensee's business is put in the hands of a receivership or a liquidator, the license and/or storage responsibilities automatically transfer with the business. The receiver or liquidator therefore becomes responsible for the licensing requirements and/or storage requirements of the explosive materials while the business and/or business assets is in their hands. If no qualified licensees or magazine keepers exist, the explosives shall be seized through its agents and/or local law enforcement for public safety purposes.

History

• Source: Amended at 48 Ill. Reg. 9600, effective June 24, 2024

62 Ill. Adm. Code 200.925 Notice of Violation

a) An authorized representative of the Department shall issue a notice of violation if the Department determines that any person is in violation of the Act, this Part or any term or condition of any explosives license or storage certificate.

b) A notice of violation issued under this Section shall be in writing, shall be signed by the authorized representative who issued it, and shall set forth with reasonable specificity:

1. The nature of the violation;

2. Statutory citations and/or administrative regulations violated;

3. If any remedial action is required or possible, any interim steps;

4. If remedial action is required, a reasonable time for abatement, including time for accomplishment of interim steps and for completion of all actions necessary to address the violation;

5. A reasonable description of the statutory provisions to which the notice of violation applies.

c) A notice of violation shall be served upon the person, any individual in the residence, or an agent of the person, if any is present on site. If the person, or person's agent, is not present, the notice of violation shall be sent by certified mail to the person's address. The notice of violation shall be considered served when personally delivered or mailed.

d) The person issued the notice of violation may provide the Department a written response to the violations within 14 days after the delivery or mailing of the notice. The written response may include a proposed alternative to the Department's specified remedial action, if any, needed to abate the violations. The Department shall consider any information submitted in determining the facts surrounding the violation and the amount of the penalty.

1. The written response shall be submitted to the:

Illinois Department of Natural Resources

Office of Mines and Minerals

Explosives and Aggregate Division

One Natural Resources Way

Springfield IL 62702-1271

2. The response must be postmarked or hand delivered by the 14th day after delivery or mailing of the notice of violation.

e) A notice of violation issued under this Section shall continue in effect until modified, vacated or terminated by the Department. Termination shall not affect the right of the Department to assess civil penalties for those violations in accordance with Section 200.930(b)(2). A notice of violation can only be terminated when all abatement action required by the Department has been completed.

f) A notice of violation may be modified, vacated or terminated in writing by either:

1. An authorized representative of the Department;

2. The issuance of a Decision by the Director, or designee, (see Section 200.930(d)); or

3. The issuance of a final administrative decision by the Director in accordance with Subpart K.

History

• Source: Amended at 48 Ill. Reg. 9600, effective June 24, 2024

62 Ill. Adm. Code 200.930 Office of Mines and Minerals Director's Decision

a) After the 14 day requirement in Section 200.925(d) has elapsed, the Director, or a designee, shall review the notice of violation and any response from the alleged violator and shall affirm, modify or vacate the notice of violation in writing.

b) Modification of the notice of violation by the Director may include:

1. any different or additional remedial actions necessary to abate the violation and the time within which the violation must be abated;

2. the assessment of civil penalties;

3. probationary or permanent modification or conditions on the explosives license, temporary explosives license or storage certificate;

4. the time set for abatement or for accomplishment of an interim step, which may be extended due to the existence of any additional conditions or factors in aggravation or mitigation of the violation, including information provided by the person, if the failure to meet the time previously set was not caused by lack of diligence on the part of the person to whom it was issued; and

5. other disciplinary action, including suspension or revocation of the explosives license, temporary explosives license or storage certificate; and

6. termination of the violation (when all abatement action required by the Department has been completed).

c) Inability to Comply

1. No notice of violation issued under this Part may be vacated because of an inability to comply.

2. Unless caused by lack of diligence, inability to comply may be considered only in mitigation of the amount of civil penalty under subsection (d).

d) The Director's Decision shall be served personally or mailed by certified mail, return receipt requested, to the violator's last known address within 60 days after the issuance of the notice of violation. The Director's Decision affirming, vacating or modifying the notice of violation shall be considered served when either served personally on the violator or received by certified mail, return receipt requested, to the person at his or her last known address. The Director's Decision shall include:

1. the specific grounds upon which the Director's Decision is based;

2. the action the Department intends to take, including the amount of any fine the Department intends to impose;

3. a statement that the recipient may request a hearing to contest the Department's action by filing a written request for hearing within 30 days after the decision is mailed. Filing of the request for hearing shall be deemed complete upon its receipt by the Department, as evidenced by the date upon which the Department's mail receipt stamp appears on the request for hearing;

4. a statement that the person named in the notice has the right to request a hearing to contest the facts of the violations alleged by the Department within 30 days from the date he or she received the Director's Decision, and a statement that recipient's failure to make a written request for hearing within 30 days after the date the Director's Decision is mailed/personally served personally will constitute a waiver of the recipient's rights to contest the action and will result in the Director's Decision becoming a final administrative decision affirming the Department's action, which shall be conclusively presumed to be correct.

e) A Director's Decision not contested within 30 days after service shall become a final administrative decision of the Department under Section 5008 of the Act. The filing of a request for hearing shall not operate as a stay of the Director's Decision.

f) If the Director's Decision includes the assessment of a fine, and the person named in the Director's Decision does not request a hearing in accordance with subsection (e), the amount assessed shall be paid to the Department in full within 30 days after service of the Director's Decision. If a hearing is requested, any civil penalty assessment shall be paid within 30 days after the final administrative or judicial decision.

g) All administrative fines assessed and paid to the Department shall be deposited in the Explosives Regulatory Fund.

History

• Source: Added at 37 Ill. Reg. 14090, effective August 26, 2013

62 Ill. Adm. Code 200.935 Process for Assessment of Fines

a) The Department may assess a penalty for each notice of violation. The civil penalty shall be determined as provided in this Section, considering the person's history of violations, plus the seriousness of the violation, plus the degree of culpability. All fines imposed under the Act and this Section shall be in accordance with this Part.

1. The Person's History of Previous Violations. For purposes of determining the history of violations, the Department will consider only those violations that have a Department's final administrative decision or a final judicial decision affirming the final administrative decision occurring within a 10 year period.

A) A violation shall not be counted if the notice or order is the subject of pending administrative review by the Department under Subpart K or if the time to request a review has not expired. Thereafter, it shall be counted for a 10 year period after the date of the Department's final administrative decision or a final judicial decision affirming the final administrative decision.

B) No violation for which the notice has been vacated shall be counted.

C) History of Violations

i) First violation of the rule, assess $100.

ii) Second violation of the same rule within a 10 year period from the date of issuance of the first violation, assess $250.

iii) Third and subsequent violations of the same rule within a 10 year period from the date of issuance of the first violation, assess $500.

2. The Seriousness of the Violation

A) If the violation caused or could have been expected to cause injury or damage to property, add $0 to $1,000.

B) If the violation caused or could be expected to cause death, personal injury requiring medical attention, or damage to property, add $1,000 to $3,500.

3. The Degree of Culpability of the Person

A) If the violation occurred even though the person used reasonable care, add $0.

B) If the violation occurred due to the person's failure to use reasonable care, add $0 to $250.

C) If the violation occurred as a result of the person's willful, reckless or deliberate conduct, add $250 to $1,000.

4. Administrative Requirements

In the case of a violation of an administrative requirement, the Department will assess a civil penalty of up to $100.

5. Explosive Material Lab Fee

In the case of a violation/incident involving explosive materials that need to be identified by a laboratory for analysis for explosive materials verification, such as explosive materials in a manufactured explosive device or explosive materials in a containment such as a bowl or bag, the Department will assess a civil penalty of $4,600 to cover analysis/regulatory duty costs related to the incident.

b) When the Department issues a Notice of Violation for an incident or Violation with no determination of culpability, an administrative fine will not necessarily be assessed. The Department may impose any penalty that is authorized under law for any violation of the Act or this Part.

c) The Department will reduce and/or terminate violations whenever the Department deems necessary for assistance in the enforcement of the Act. [225 ILCS 210/2011(b)]

History

• Source: Amended at 48 Ill. Reg. 9600, effective June 24, 2024

62 Ill. Adm. Code 200.940 Immediate Suspension or Revocation of License or Storage Certificate

a) Whenever the Department finds, based upon a reasonable belief from on-site observation, record inspection by Department personnel, information received from law enforcement personnel, information received from the public, or information obtained in any other manner, that a licensee's or certificate holder's violation of the Act or this Part may cause or could be expected to cause death or serious injury to persons or damage to property, the Department may issue an order immediately suspending or revoking the explosives license, temporary explosives license or storage certificate.

b) The Department shall serve its order of immediate suspension or revocation of an explosives license, a temporary explosives license or a storage certificate under this Section either personally or by certified mail to the licensee's or certificate holder's last known address. The immediate suspension or revocation order shall be considered served when personally delivered or on the date that it was mailed.

c) The Department shall serve, with the order of immediate suspension or revocation, a notice containing the following information:

1. The specific grounds upon which the explosives license, temporary explosives license or storage certificate suspension or revocation is based;

2. The abatement action required, conditions or other disciplinary action imposed, including the assessment of fines pursuant to Section 200.920(a)(5);

3. A statement that the recipient may request a hearing to contest the suspension or revocation by filing a written request for hearing in accordance with Section 200.930(f) within 30 days after the notice is mailed;

4. A statement that the recipient's failure to make a written request for hearing within 30 days after the notice is mailed will constitute a waiver of the recipient's rights to contest the action. The suspension or revocation notice will then become the final administrative decision of the Department, affirming the Department's action.

d) The filing of a request for hearing shall not operate as a stay of the order of immediate suspension or revocation.

e) Any occurrence of a violation described in subsection (a) constitutes grounds for the immediate suspension or revocation of a license or certificate. A second or subsequent occurrence of such a violation within a one year period will require the Department to immediately suspend or revoke a license or certificate.

History

• Source: Added at 37 Ill. Reg. 14090, effective August 26, 2013

62 Ill. Adm. Code 200.945 Disposal of Explosives; Surrender or Seizure of License, Certificate or Explosives

a) Within 10 days after the order of cancellation, suspension or revocation of a storage certificate by the Department, all explosive materials shall be removed from the magazine covered by the storage certificate and disposed of in accordance with the manufacturer's instructions or shall be relocated to an approved magazine with a valid storage certificate. Verification of the disposal or relocation shall be made to the Department within 24 hours after the action taken. Failure to do so may result in the seizure of the explosive materials.

b) Upon the suspension or revocation of any license, the holder shall immediately surrender the license to the Department. If the holder fails to do so, the Department has the right to seize the explosives license, temporary explosives license, or explosive materials through its agents or local law enforcement personnel. If summary action under Section 5006 of the Act is taken by the Department, the Department has the right to seize the explosives license, temporary explosives license, or explosive materials immediately upon issuance of its order.

c) Upon discovery of explosives that are illegally possessed, stored, transferred or a hazard to public safety, the Department has the right to seize the explosive materials through its agents or local law enforcement personnel immediately for public safety purposes.

History

• Source: Amended at 48 Ill. Reg. 9600, effective June 24, 2024

62 Ill. Adm. Code 200.1000 Notice of Department's Intended Action; Contents and Service

Whenever the Department intends to refuse to issue or renew, to suspend or revoke, or to assess administrative fines against a holder of an explosives license, a temporary explosives license or a storage certificate, the Department shall give written notice to the applicant or holder personally or by certified mail sent to the applicant's or holder's last known address.

History

• Source: Added at 37 Ill. Reg. 14090, effective August 26, 2013

62 Ill. Adm. Code 200.1005 Request for Hearing on Department's Intended Action; Contents and Service

The request for a hearing shall be in writing, shall admit or deny matters alleged by the Department, and may include any related explanatory information. The request for hearing shall be delivered personally or by mail sent to the Department at the address indicated in the notice.

History

• Source: Added at 37 Ill. Reg. 14090, effective August 26, 2013

62 Ill. Adm. Code 200.1010 Notice of Hearing

a) Written notice setting forth the date, time, place and nature of the hearing, and the name and address of the hearing officer, shall be mailed, by certified mail, to an applicant or holder making a timely written request for hearing at least 14 days prior to the scheduled hearing date.

b) The hearing proceedings shall be commenced within 30 days after receipt of the request for hearing, unless the hearing is continued for good cause at the request of any party.

History

• Source: Added at 37 Ill. Reg. 14090, effective August 26, 2013

62 Ill. Adm. Code 200.1015 Postponement or Continuance of Hearing

A hearing may be postponed or continued for due cause by the hearing officer upon his or her own motion or upon the motion of a party to the hearing. A motion filed by a party to the hearing shall set forth facts attesting that the request for continuance is not for the purpose of delay. Except in the case of an emergency, motions requesting postponement or continuance shall be made in writing and shall be received by all parties to the hearing at least 3 business days prior to the scheduled hearing date. All parties involved in a hearing shall avoid undue delay caused by repetitive postponements or continuances so that the subject matter of the hearing may be resolved expeditiously.

History

• Source: Added at 37 Ill. Reg. 14090, effective August 26, 2013

62 Ill. Adm. Code 200.1020 Hearing Officer; Powers and Duties

The Illinois Code of Civil Procedure [735 ILCS 5] and the Illinois Supreme Court Rules apply to administrative hearings under this Part.

a) The hearing officer designated to preside over a hearing shall take all necessary action to avoid delay, to maintain order, and to develop a clear and complete record, and shall have all powers necessary and appropriate to conduct a fair hearing, including to:

1. administer oaths and affirmations;

2. receive relevant evidence;

3. regulate the course of the hearing and the conduct of the parties and their counsel;

4. consider and rule upon procedural requests;

5. hold conferences for the settlement or simplification of the issues;

6. examine witnesses and direct witnesses to testify, limit the number of times any witness may testify, limit repetitive or cumulative testimony, and set reasonable limits on the amount of time each witness may testify; and

7. authorize reasonable discovery by a party.

b) All participants in the hearing shall have the right to be represented by counsel, and corporations shall be represented by an attorney. (See 705 ILCS 220.)

c) The hearing officer shall allow all parties to present statements, testimony, evidence and argument as may be relevant to the proceeding.

History

• Source: Added at 37 Ill. Reg. 14090, effective August 26, 2013

62 Ill. Adm. Code 200.1025 Subpoenas

a) Any party to proceedings brought under Subpart J may apply for subpoenas to compel the attendance of witnesses and the production of relevant documents.

b) The applicant shall submit the subpoena request to the Department's hearing officer. The subpoena request shall specifically identify the witness or relevant documents sought to be produced.

c) The hearing officer shall issue subpoenas within 7 calendar days from the receipt of a request made in accordance with subsection (b) and deliver the subpoena to the applicant who shall serve all subpoenas issued by certified mail, return receipt requested, at least 7 days before the date set for the hearing. Any witness shall respond to any lawful subpoena of which he or she has actual knowledge, if payment of the witness fee and mileage applicable in the State circuit courts has been tendered. Service of a subpoena may be proved prima facie by a return receipt signed by the witness or his or her authorized agent and an affidavit showing that the mailing was prepaid and was addressed to the witness, restricted delivery, with a check or money order for the fee and mileage enclosed.

d) Any party served with a subpoena under this Section may file with the hearing officer, and serve on all parties, a motion for an order quashing the subpoena, in whole or in part. All motions to quash filed under this subsection shall set forth a factual and/or legal basis for granting that relief.

e) The hearing officer shall issue, and serve on all parties, a decision granting or denying the motion to quash within 7 calendar days from the receipt of the motion.

History

• Source: Added at 37 Ill. Reg. 14090, effective August 26, 2013

62 Ill. Adm. Code 200.1030 Record of Proceedings

The Department or party requesting a hearing may provide a reporter to take down the testimony and preserve a record of all proceedings at any hearing conducted under this Part. The cost of the reporter shall be at the expense of the party requesting the reporter. Copies of the transcript may be purchased from the reporter and each party bears the cost to purchase a copy.

History

• Source: Added at 37 Ill. Reg. 14090, effective August 26, 2013

62 Ill. Adm. Code 200.1035 Pre-Hearing Conference

a) Upon his or her own motion or the motion of a party, the hearing officer shall direct the parties or their counsel to conduct a pre-hearing conference in order to:

1. Simplify the factual and legal issues presented by the hearing request;

2. Receive stipulations and admissions of fact and of the contents and authenticity of documents;

3. Exchange lists of all witnesses the parties intend to have testify and copies of all documents the parties intend to introduce into evidence at the hearing; and

4. Discuss and resolve such other matters as may tend to expedite the disposition of the hearing request and to assure a just conclusion.

b) Pre-hearing conferences may be held by telephone conference at the discretion of the hearing officer.

History

• Source: Added at 37 Ill. Reg. 14090, effective August 26, 2013

62 Ill. Adm. Code 200.1040 Burden and Standard of Proof

The Department shall have the burden of proof at the hearing. The standard for decision shall be a preponderance of the evidence.

History

• Source: Added at 37 Ill. Reg. 14090, effective August 26, 2013

62 Ill. Adm. Code 200.1045 Default

If a party, after proper service of notice, fails to appear at a pre‑hearing conference or at a hearing, and if no continuance is granted, the Department may then proceed and make its decision in the absence of that party. If the failure to appear at the pre‑hearing conference or hearing is due to an emergency situation beyond the party's control, and the Department is notified of the situation on or before the scheduled pre‑hearing conference or hearing date, the pre‑hearing conference or hearing will be continued or postponed. Emergency situations include sudden unavailability of counsel, sudden illness of a party or his or her representative, or similar situations beyond the party's control.

History

• Source: Added at 37 Ill. Reg. 14090, effective August 26, 2013

62 Ill. Adm. Code 200.1050 Evidence

a) Admissibility: A party shall be entitled to present his or her case or defense by oral or documentary evidence, to submit rebuttal evidence, and to conduct such cross‑examination as may be required for a full and true disclosure of the facts. Any oral or documentary evidence may be received, but a presiding hearing officer shall exclude evidence that is irrelevant, immaterial or unduly repetitious. The rules of evidence and privilege applied in civil cases in the courts of the State of Illinois shall be followed; however, evidence not admissible under those rules of evidence may be admitted, except when precluded by statute, if it is of a type commonly relied upon by reasonable, prudent men in the conduct of their affairs. Subject to these requirements, when a hearing will be expedited and the interests of the parties will not be prejudiced, a hearing officer shall allow evidence to be received in written form.

b) Official Notice: Official notice may be taken of any material fact not appearing in evidence in the record if the circuit courts of this State could take judicial notice of that fact. In addition, notice may be taken of generally recognized technical or scientific facts within the Department's specialized knowledge.

History

• Source: Added at 37 Ill. Reg. 14090, effective August 26, 2013

62 Ill. Adm. Code 200.1055 Brief

The hearing officer may require or allow parties to submit written briefs within 10 days after the close of the hearing or within such other time the hearing officer determines is consistent with the Department's responsibility for an expeditious decision.

History

• Source: Added at 37 Ill. Reg. 14090, effective August 26, 2013

62 Ill. Adm. Code 200.1060 Hearing Officer's Decision

a) Within 45 days after default, failure to request a hearing or at the conclusion of all hearings conducted under this Subpart, the hearing officer shall issue proposed findings of fact, conclusions of law and a recommended final administrative decision for submittal to the Director.

b) In issuing his or her findings, conclusions and recommendation, the hearing officer shall not be strictly bound by the actions or relief set forth in the original notice of the Department's intended action. The findings, conclusions and recommendation may include remedies in addition to or different from those originally sought if they are supported by the evidence.

c) The provisions of subsection (b) shall not apply when the findings, conclusions and recommendation are issued after the applicant or holder fails to request a hearing or fails to appear at a properly scheduled hearing. In such cases, the Department shall be bound by the actions or relief set forth in the original notice of the Department's intended action.

History

• Source: Added at 37 Ill. Reg. 14090, effective August 26, 2013

62 Ill. Adm. Code 200.1065 Final Administrative Decision

a) The Director shall issue a final administrative decision pursuant to Section 5008 of the Act within 30 days after receiving the hearing officer's proposed findings of fact, conclusions of law and recommended final administrative decision.

b) In issuing his or her final administrative decision, the Director shall not be strictly bound by the actions or relief set forth in the original notice of the Department's intended action. The final administrative decision may include remedies in addition to or different from those originally sought if they are supported by the evidence.

c) The provisions of subsection (b) shall not apply when the final administrative decision is issued after the applicant or holder fails to request a hearing or fails to appear at a properly scheduled hearing. In such cases, the Department shall be bound by the actions or relief set forth in the original notice of the Department's intended action.

d) Final administrative decisions are subject to the Illinois Administrative Review Law [735 ILCS 5/Art. III].

History

• Source: Added at 37 Ill. Reg. 14090, effective August 26, 2013

62 Ill. Adm. Code 200.1070 Immediate Suspension Without Notice of Hearing

a) Whenever the Department finds, based upon reasonable belief from on‑site observation, record inspection by Department personnel, information received from law enforcement personnel or information received from the public, that an explosives licensee's, a temporary explosives licensee's or a storage certificate holder's violation of the Act or this Part may cause death, serious injury or property damage, the Department shall issue an order immediately suspending the license or certificate. This Section shall also apply to any individual who no longer meets the licensing and/or storage requirements set forth by the Act. The Department has the right to seize the explosives license, temporary explosives license, or explosive materials through its agents or local law enforcement personnel.

b) The Department shall serve its order of immediate suspension of a license or certificate under this Section by personal service. The order shall also be sent by certified mail to the licensee's or certificate holder's last known address.

c) The Department shall serve an order of immediate suspension and a notice containing the information set forth in Section 200.1010. The notice will also inform the explosives license holder, the temporary explosives license holder or the storage certificate holder that the failure to request a hearing in accordance with Section 200.1005 of this Part shall result in the automatic issuance of a final administrative decision revoking the license or certificate.

d) Any occurrence of a violation of this Part constitutes grounds for the immediate suspension of a license or certificate. A second or subsequent occurrence of a violation requires the Department to immediately suspend a license or certificate.

History

• Source: Amended at 48 Ill. Reg. 9600, effective June 24, 2024

62 Ill. Adm. Code 200.1075 Computation of Time

a) Except as otherwise provided, computation of time under this Subpart is based upon calendar days.

b) In computing any period of prescribed time, the day on which the designated period of time begins is not included. The last day of the period is included unless it is a Saturday, Sunday or legal holiday on which the Department is not open for business, in which event the period runs until the end of the next day that is not a Saturday, Sunday or legal holiday.

c) Saturdays, Sundays and legal holidays that fall within the prescribed time period are excluded from the computation of time when the prescribed time period is 7 days or less.

d) A business day is any day the Department is open for business.

History

• Source: Added at 37 Ill. Reg. 14090, effective August 26, 2013

62 Ill. Adm. Code 200.APPENDIX A American Table of Distances for Storage of Explosive Materials

DISTANCES IN FEET

QUANTITY OF EXPLOSIVE MATERIALS

Inhabited Buildings

Public Highways

Class A to D

Passenger Railways − Public Highways with Traffic Volume of more than 3,000 Vehicles/Day

Separation of Magazines

Pounds

Over

Pounds

Not Over

Barricaded

Unbarricaded

Barricaded

Unbarricaded

Barricaded

Unbarricaded

Barricaded

Unbarricaded

.001

5

10

20

30

5

10

20

30

40

70

90

110

125

140

140

180

220

250

280

30

35

45

50

55

60

70

90

100

110

51

64

81

93

103

102

128

162

186

206

6

8

10

11

12

12

16

20

22

24

40

50

75

100

125

50

75

100

125

150

150

170

190

200

215

300

340

380

400

430

60

70

75

80

85

120

140

150

160

170

110

127

139

150

159

220

254

278

300

318

14

15

16

18

19

28

30

32

36

38

150

200

250

300

400

200

250

300

400

500

235

255

270

295

320

470

510

540

590

640

95

105

110

120

130

190

210

220

240

260

175

189

201

221

238

350

378

402

442

476

21

23

24

27

29

42

46

48

54

58

500

600

700

800

900

600

700

800

900

1,000

340

355

375

390

400

680

710

750

780

800

135

145

150

155

160

270

290

300

310

320

253

266

278

289

300

506

532

556

578

600

31

32

33

35

36

62

64

66

70

72

1,000

1,200

1,400

1,600

1,800

1,200

1,400

1,600

1,800

2,000

425

450

470

490

505

850

900

940

980

1,010

165

170

175

180

185

330

340

350

360

370

318

336

351

366

378

636

672

702

732

756

39

41

43

44

45

78

82

86

88

90

2,000

2,500

3,000

4,000

5,000

2,500

3,000

4,000

5,000

6,000

545

580

635

685

730

1,090

1,160

1,270

1,370

1,460

190

195

210

225

235

380

390

420

450

470

408

432

474

513

546

816

864

948

1,026

1,092

49

52

58

61

65

98

104

116

122

130

6,000

7,000

8,000

9,000

10,000

7,000

8,000

9,000

10,000

12,000

770

800

835

865

875

1,540

1,600

1,670

1,730

1,750

245

250

255

260

270

490

500

510

520

540

573

600

624

645

687

1,146

1,200

1,248

1,290

1,374

68

72

75

78

82

136

144

150

156

164

12,000

14,000

16,000

18,000

20,000

14,000

16,000

18,000

20,000

25,000

885

900

940

975

1,055

1,770

1,800

1,880

1,950

2,000

275

280

285

290

315

550

560

570

580

630

723

756

786

813

876

1,446

1,512

1,572

1,626

1,752

87

90

94

98

105

174

180

188

196

210

25,000

30,000

35,000

40,000

45,000

30,000

35,000

40,000

45,000

50,000

1,130

1,205

1,275

1,340

1,400

2,000

2,000

2,000

2,000

2,000

340

360

380

400

420

680

720

760

800

840

933

981

1,026

1,068

1,104

1,866

1,962

2,000

2,000

2,000

112

119

124

129

135

224

238

248

258

270

50,000

55,000

60,000

65,000

70,000

55,000

60,000

65,000

70,000

75,000

1,460

1,515

1,565

1,610

1,655

2,000

2,000

2,000

2,000

2,000

440

455

470

485

500

880

910

940

970

1,000

1,140

1,173

1,206

1,236

1,263

2,000

2,000

2,000

2,000

2,000

140

145

150

155

160

280

290

300

310

320

75,000

80,000

85,000

90,000

95,000

80,000

85,000

90,000

95,000

100,000

1,695

1,730

1,760

1,790

1,815

2,000

2,000

2,000

2,000

2,000

510

520

530

540

545

1,020

1,040

1,060

1,080

1,090

1,293

1,317

1,344

1,368

1,392

2,000

2,000

2,000

2,000

2,000

165

170

175

180

185

330

340

350

360

370

100,000

110,000

120,000

130,000

140,000

110,000

120,000

130,000

140,000

150,000

1,835

1,855

1,875

1,890

1,900

2,000

2,000

2,000

2,000

2,000

550

555

560

565

570

1,100

1,110

1,120

1,130

1,140

1,437

1,479

1,521

1,557

1,593

2,000

2,000

2,000

2,000

2,000

195

205

215

225

235

390

410

430

450

470

150,000

160,000

170,000

180,000

190,000

160,000

170,000

180,000

190,000

200,000

1,935

1,965

1,990

2,010

2,030

2,000

2,000

2,000

2,010

2,030

580

590

600

605

610

1,160

1,180

1,200

1,210

1,220

1,629

1,662

1,695

1,725

1,755

2,000

2,000

2,000

2,000

2,000

245

255

265

275

285

490

510

530

550

570

200,000

210,000

230,000

250,000

275,000

210,000

230,000

250,000

275,000

300,000

2,055

2,100

2,155

2,215

2,275

2,055

2,100

2,155

2,215

2,275

620

635

650

670

690

1,240

1,270

1,300

1,340

1,380

1,782

1,836

1,890

1,950

2,000

2,000

2,000

2,000

2,000

2,000

295

315

335

360

385

590

630

670

720

770

EXPLANATORY NOTES ESSENTIAL TO THE APPLICATION

OF THE AMERICAN TABLE OF DISTANCES FOR

STORAGE OF EXPLOSIVE MATERIALS

NOTE 1 – "Explosive materials" means explosives, blasting agents and detonators.

NOTE 2 – "Explosives" means any chemical compound, mixture or device, the primary or common purpose of which is to function by explosion. A list of explosives determined to be within the coverage of 18 U.S.C. Chapter 40, Importation, Manufacturer, Distribution and Storage of Explosive Materials is issued at least annually by the Director of the Bureau of Alcohol, Tobacco, Firearms and Explosives of the U.S. Department of Justice. For quantity and distance purposes, detonating cord of 50 grains per foot should be calculated as equivalent to 8 lbs. of high explosives per 1,000 feet. Heavier or lighter core loads should be rated proportionately.

NOTE 3 – "Blasting agents" means any material or mixture consisting of fuel and oxidizer, intended for blasting, not otherwise defined as an explosive. However, the finished product, as mixed for use or shipment, cannot be detonated by means of a No. 8 test blasting cap when unconfined.

NOTE 4 – "Detonator" means any device containing any initiating or primary explosive that is used for initiating detonation. A detonator may not contain more than 10 grams of total explosives by weight, excluding ignition or delay charges. The term includes, but is not limited to, electric blasting caps of instantaneous and delay types, blasting caps for use with safety fuses, detonating cord delay connectors, and nonelectric instantaneous and delay blasting caps that use detonating cord, shock tube, or any other replacement for electric leg wires. All types of detonators in strengths through No. 8 cap should be rated at 1⅔ lbs. of explosives per 1,000 caps. For strengths higher than No. 8 cap, consult the manufacturer.

NOTE 5 – "Magazine" means any building, structure or container, other than an explosives manufacturing building, approved for the storage of explosive materials.

NOTE 6 – "Natural Barricade" means natural features of the ground, such as hills, or timber of sufficient density that the surrounding exposures that require protection cannot be seen from the magazine when the trees are bare of leaves.

NOTE 7 – "Artificial Barricade" means an artificial mound or revetted wall of earth of a minimum thickness of 3 feet at the top of the mound or wall, or a mound or revetted wall of other material offering equivalent protection. Artificial barricades that are vegetated shall be of sufficient slope to enable mowing.

NOTE 8 – "Barricaded" means the effective screening of a building containing explosive materials from the magazine or other building, railway or highway by a natural or an artificial barrier. A straight line from the top of any sidewall of the building containing explosive materials to the eave line of any magazine or other building or to a point 12 feet above the center of a railway or highway shall pass through the barrier.

NOTE 9 – "Inhabited Building" means a building regularly occupied in whole or part as a habitation for human beings, or any church, schoolhouse, railroad station, store or other structure where people are accustomed to assemble, except any building or structure occupied in connection with the manufacture, transportation, storage or use of explosive materials.

NOTE 10 – "Railway" means any steam, electric or other railroad or railway that carries passengers for hire.

NOTE 11 – "Highway" means any public street, public alley or public road.

NOTE 12 – When two or more storage magazines are located on the same property, each magazine must comply with the minimum distances specified from inhabited buildings, railways and highways and, in addition, they should be separated from each other by not less than the distances shown for "Separation of Magazines," except that the quantity of explosive materials contained in detonator magazines shall govern in regard to the spacing of those detonator magazines from magazines containing other explosive materials. If any two or more magazines are separated from each other by less than the specified "Separation of Magazines" distances, then those magazines, as a group, must be considered as one magazine, and the total quantity of explosive materials stored in such group must be treated as if stored in a single magazine located on the site of any magazine of the group, and must comply with the minimum of distances specified from other magazines, inhabited buildings, railways and highways.

NOTE 13 – Storage in excess of 300,000 lbs. of explosive materials in one magazine is generally not required for commercial enterprises.

NOTE 14 – This Table applies only to the manufacture and permanent storage of commercial explosive materials. It is not applicable to transportation of explosives or any handling or temporary storage necessary or incident to the transportation, handling or storage. It is not intended to apply to bombs, projectiles or other heavily encased explosives.

NOTE 15 – When a manufacturing building on an explosive materials plant site is designed to contain explosive materials, the building shall be located away from inhabited buildings, public highways and passenger railways in accordance with the American Table of Distances based on the maximum quantity of explosive materials permitted to be in the building at one time.

(NOTE: The American Table of Distances for Storage of Explosive Materials and accompanying Explanatory Notes are copyrighted materials reproduced with the permission of the Institute of Makers of Explosives. The notes contained in this Appendix are meant to supplement, and not supersede, the regulations contained in this Part. When wording differs between the regulations and these explanatory notes, the regulations shall govern for enforcement purposes.)

History

• Source: Amended at 48 Ill. Reg. 9600, effective June 24, 2024

62 Ill. Adm. Code 200.APPENDIX B Table of Separation Distances for Low Explosives

POUNDS

DISTANCES IN FEET

OVER

NOT OVER

FROM INHABITED BUILDING

FROM PUBLIC RAILROAD

AND HIGHWAY

FROM

ABOVE-GROUND MAGAZINE

0

1,000

75

75

50

1,000

5,000

115

115

75

5,000

10,000

150

150

100

10,000

20,000

190

190

125

20,000

30,000

215

215

145

30,000

40,000

235

235

155

40,000

50,000

250

250

165

50,000

60,000

260

260

175

60,000

70,000

270

270

185

70,000

80,000

280

280

190

80,000

90,000

295

295

195

90,000

100,000

300

300

200

100,000

200,000

375

375

250

200,000

300,000

450

450

300

History

• Source: Added at 16 Ill. Reg. 11449, effective July 6, 1992

62 Ill. Adm. Code 200.APPENDIX C Table of Separation Distances of Ammonium Nitrate and Blasting Agents from Explosives or Blasting Agents1

Donor weight

Minimum separation distance of receptor when barricaded2 (ft.)

Minimum thickness of artificial barricades5 (in.)

Pounds over

Pounds not over

Ammonium nitrate3

Blasting agent4

.001

100

3

11

12

100

300

4

14

12

300

600

5

18

12

600

1,000

6

22

12

1,000

1,600

7

25

12

1,600

2,000

8

29

12

2,000

3,000

9

32

15

3,000

4,000

10

36

15

4,000

6,000

11

40

15

6,000

8,000

12

43

20

8,000

10,000

13

47

20

10,000

12,000

14

50

20

12,000

16,000

15

54

25

16,000

20,000

16

58

25

20,000

25,000

18

65

25

25,000

30,000

19

68

30

30,000

35,000

20

72

30

35,000

40,000

21

76

30

40,000

45,000

22

79

35

45,000

50,000

23

83

35

50,000

55,000

24

86

35

55,000

60,000

25

90

35

60,000

70,000

26

94

40

70,000

80,000

28

101

40

80,000

90,000

30

108

40

90,000

100,000

32

115

40

100,000

120,000

34

122

50

120,000

140,000

37

133

50

140,000

160,000

40

144

50

160,000

180,000

44

158

50

180,000

200,000

48

173

50

200,000

220,000

52

187

60

220,000

250,000

56

202

60

250,000

275,000

60

216

60

275,000

300,000

64

230

60

NOTES TO TABLE OF RECOMMENDED SEPARATION DISTANCES

OF AMMONIUM NITRATE AND BLASTING AGENTS

FROM EXPLOSIVES OR BLASTING AGENTS

NOTE 1 − Recommended separation distances to prevent explosion of ammonium nitrate and ammonium nitrate‑based blasting agents by propagation from nearby stores of high explosives or blasting agents referred to in the Table as the "donor". Ammonium nitrate, by itself, is not considered to be a donor when applying this Table. Ammonium nitrate, ammonium nitrate‑fuel oil or combinations thereof are acceptors. If stores of ammonium nitrate are located within the sympathetic detonation distance of explosives or blasting agents, one‑half the mass of the ammonium nitrate is to be included in the mass of the donor.

NOTE 2 − When the ammonium nitrate and/or blasting agent is not barricaded, the distances shown in the Table shall be multiplied by six. These distances allow for the possibility of high velocity metal fragments from mixers, hoppers, truck bodies, sheet metal structures, metal containers, and the like that may enclose the donor. When storage is in bullet‑resistant magazines recommended for explosives or when the storage is protected by a bullet‑resistant wall, distances and barricade thicknesses in excess of those prescribed in the American Table of Distances (Appendix A) are not required.

NOTE 3 − The distances in the Table apply to ammonium nitrate that passes the insensitivity test prescribed in the definition of ammonium nitrate fertilizer promulgated by the Fertilizer Institute and ammonium nitrate failing to pass the test shall be stored at separation distances determined by competent persons and approved by the authority having jurisdiction.

NOTE 4 − These distances apply to blasting agents that pass the insensitivity test prescribed in regulations of USDOT and ATF.

NOTE 5 − Earth, or sand dikes, or enclosures filled with the prescribed minimum thickness of earth or sand are acceptable artificial barricades. Natural barricades, such as hills or timber of sufficient density that the surrounding exposures that require protection cannot be seen from the donor when the trees are bare of leaves, are also acceptable.

NOTE 6 − For determining the distances to be maintained from inhabited buildings, passenger railways and public highways, use the American Table of Distances for Storage of Explosive Materials (Appendix A).

History

• Source: Amended at 48 Ill. Reg. 9600, effective June 24, 2024

Part 220 Surface Installation Health and Safety

62 Ill. Adm. Code 220.10 Introduction and Definitions

a) Adoption of Regulations-Scope and Authority.

This Part sets forth mandatory safety standards for bituminous, anthracite and lignite surface coal mines, including open pit and auger mines, preparation facilities and all other surface work areas of underground and surface coal mines. In adopting this part, the Mining Board implements The Coal Mining Act [225 ILCS 705/2.12 and 38.2]. None of these rules provide for any protection at a level which is below that established in the federal standards for surface installation health and safety.

b) Definitions.

For the purposes of this Part the term:

"Active workings" means any place in a coal mine where miners are normally required to work or travel;

"American Table of Distances" means the February 1986 edition of the "The American Table of Distances for Storage of Explosives" published by the Institute of Makers of Explosives Suite 310, 1120 Nineteenth Street N.W., Washington D.C. 20036-2605 (The reference does not include any later amendments or editions.);

"Barricaded" means to obstruct passage of persons, vehicles, or flying materials;

"Berm" means a pile or mound of material capable of restraining a vehicle;

"Blasting agent" means any material or mixture, consisting of fuel and oxidizer, that is intended for blasting and not otherwise defined as an explosive; if the finished product, as mixed for use or shipment, cannot be detonated by means of a number 8 test blasting cap when unconfined. A number 8 test blasting cap is one containing 2 grams of a mixture of 80 percent mercury fulminate and 20 percent potassium chlorate, or a blasting cap of equivalent strength. An equivalent strength cap comprises 0.40-0.45 grams of PETN base charge pressed in an aluminum shell with bottom thickness not to exceed 0.03 of an inch, to a specific gravity of not less than 1.4 g/cc., and primed with standard weights of primer depending on the manufacturer.

"Blasting Area" means the area near blasting operations in which concussion or flying material can reasonably be expected to cause injury;

"Blasting cap" means a detonator containing a charge of detonating compound, which is ignited by electric current, or the spark of a fuse.

"Blasting Circuit" means electric circuits used to fire electric detonators or to ignite an igniter cord by means of an electric starter;

"Blasting switch" means a switch used to connect a power source to a blasting circuit;

"Box-type magazine" means a small, portable magazine used to store limited quantities of explosives or detonators for short periods of time in locations at the mine which are convenient to the blasting sites at which they will be used;

"Capped fuse" means a length of safety fuse to which a detonator has been attached;

"Capped primer" means a package or cartridge of explosives which is specifically designed to transmit detonation to other explosives and which contains a detonator;

"Certified" as applied to any person, means a person certified as a Surface Mine Supervisor by the Mining Board to perform duties prescribed by these rules, and the laws of the State of Illinois;

"Circuit breaker" means a mechanical switching device capable of carrying electrical current under normal circuit conditions and also, carrying for a specified time, and breaking currents under overload, undercurrent and short circuit conditions;

"Connection box" means a boxlike enclosure with a removable lid/plate/door or other means of access within which electric connections between sections of cable can be made;

"Department" means the Department of Natural Resources of the State of Illinois;

"Detonating cord" or "detonating fuse" means a flexible cord containing a core of high explosive;

"Director" means the Director of the Department of Natural Resources of the State of Illinois;

"Electrical grounding" means to connect with the ground to make the earth part of the circuit;

"Explosive" means any chemical compound, mixture, or device the primary or common purpose of which is to function by explosion. Explosives include, but are not limited to black powder, dynamite, nitroglycerin, fulminate, ammonium nitrate when mixed with a hydrocarbon, and other blasting agents;

"Flash point" means the minimum temperature at which sufficient vapor is released by a liquid or solid to form a flammable vapor-air mixture at atmospheric pressure;

"Fuse" means an electrical overload protective device with a circuit opening fusible part that is heated and severed by the passage of overcurrent through it;

"High-voltage" means more than one thousand (1,000) volts;

"Low-voltage" means up to and including six hundred sixty (660) volts ;

"Medium-voltage" means voltages from six hundred sixty-one (661) to one thousand (1,000) volts;

"Mining Board" means the State Mining Board in the Department of Natural Resources, Office of Mines and Minerals created by Section 5.04 of the Civil Administrative Code of Illinois [20 ILCS 5/5.04].

"Misfires" means the complete or partial failure of a blasting charge to explode as planned;

"Mobile electric equipment" means equipment capable of moving under its own power;

"Portable electric equipment" means equipment that is actually moved or can be readily moved from one place to another. Some illustrative examples include:

electric hand tools;

electric pumps and air compressors which receive power through a portable cable and are designed to be moved from

place to place in a strip pit;

electric welders which receive power through a portable cable and are designed to be moved from place to place in a preparation plant or on board a unit of mobile electric equipment; and

a skid mounted substation which receives its power

through a portable cable;

"Primer" or "Booster" means a package or cartridge of explosives which is designed specifically to transmit detonation to other explosives and which does not contain a detonator;

"Qualified person" means as the context requires;

"Rated" is a term that, applied to an operating characteristic, indicates the designated limit or limits of the characteristic for application under specified conditions;

"Resistance grounded systems" means electrical circuits that are grounded through impedance, the principal element of which is resistance;

"Roll protection" means a framework, safety canopy, or similar protection for the operator when equipment overturns;

"Safety can" means an approved container, of not over five (5) gallons capacity, having a spring-closing lid and spout cover;

"Safety fuse" means a train of powder enclosed in cotton, jute yarn, and waterproofing compounds which burns at a uniform rate; used for firing a cap containing the detonating compound which in turn sets off the explosive charge;

"Safety switch" means a sectionalizing switch that also provides shunt protection in blasting circuits between the blasting switch and the shot area.

"Stationary electric equipment" means equipment that is installed in a fixed location and is wired in a permanent manner. Some illustrative examples of stationary electric equipment include:

pendant type lighting fixtures even though the fixtures

are suspended from the ceiling by a portable cord;

electric welders which are installed in a fixed location

and are wired with a permanent wiring method;

electric pumps which are installed in a fixed location in

a preparation plant and are wired with a permanent wiring

method; and

a skid mounted substation which is installed and grounded

in a permanent manner and receives its power directly from

an overhead power line.

History

• Source: Amended at 13 Ill. Reg. 5955, effective April 18, 1989

62 Ill. Adm. Code 220.20 Surface Installations

a) Surface Installations; General.

1. All mine structures, enclosures, equipment, and other facilities (including coal preparation plants, facilities used in the work of preparing coal, construction areas, offices, shops, docks, garages, and laboratories) shall be maintained in good repair to prevent accidents and injuries to miners.

2. The methane content in the air of any coal handling or storage facility shall be maintained at less than 1.0 volume per centum. At any time, the air in any structure, enclosure, or other facility shall contain not less than 19.5 volume per centum of oxygen, not more than 0.5 volume per centum of carbon dioxide, and no harmful quantities of other noxious or poisonous gases; and the volume of air shall be sufficient to dilute, render harmless, and to carry away flammable, explosive, noxious, and harmful gases and smoke.

b) Tests for methane; qualified person; use of approved device.

Tests for oxygen deficiency or for methane in structures, enclosures, or other facilities in which coal is handled or stored shall be made by a person qualified to conduct such tests, and shall be made with a flame safety lamp or other device approved by the Department. Such tests shall be conducted at least once (1) during each operating shift, and immediately prior to any repair work in which welding or an open flame is used, or a spark may be produced.

c) Dust accumulations in surface installations.

Coal dust in the air of, or in, or on the surfaces of, structures, enclosures, or other facilities shall not be allowed to exist or accumulate in dangerous amounts.

d) Use of material or equipment overhead; safeguards; warning signs.

Where overhead repairs are being made at surface installations or on surface equipment, and equipment or material is taken into such overhead work areas, adequate protection shall be provided for all persons working or passing below the overhead work areas in which such equipment or materials is being used. Warning signs shall be posted prominently in the area, which signs shall state "Danger-Men Working Above" or the equivalent.

e) Openings in surface installations; safeguards.

Openings in surface installations through which men or material may fall shall be protected by railings, barriers, covers, or other protective devices.

f) Travelways at surface installations.

1. Safe means of access shall be provided and maintained to all working places.

2. Travelways and platforms or other means of access to areas where persons are required to travel or work, shall be kept clear of all extraneous material and other stumbling or slipping hazards.

3. Inclined travelways shall be constructed of nonskid material or equipped with cleats.

4. Regularly used travelways shall be sanded, salted, or cleared of snow and ice as soon as practicable.

5. Crossovers, elevated walkways, elevated ramps, and stairways shall be of substantial construction, provided with handrails, and maintained in good condition. Where necessary to insure safety, toe boards shall be provided.

6. Crossovers shall be provided where it is necessary to crossover conveyors.

7. Moving conveyors shall be crossed only at designated crossing points.

8. Crossing under unguarded moving conveyors where contact is possible is prohibited.

g) Ladders; scaffolding; construction; condition, installation, and maintenance.

1. General requirements; ladders & scaffolding.

A) Ladders and scaffolding equipment shall be of substantial construction and maintained in good safe, suitable, and proper condition.

B) Wooden members of ladder shall not be painted.

C) Rungs shall be kept free of grease and oil.

2. Portable ladders; construction, use, and maintenance.

A) Portable ladders shall be so placed as to prevent slipping, or they shall be lashed or held in position. Ladders shall not be used in a horizontal position as platforms, runways, or scaffolds.

B) On two (2)-section extension ladders, the minimum overlap for the two (2) sections in use shall be as follows:

SIZE OF LADDER

(FEET)

OVERLAP

(FEET)

Up to and including 36

3

Over 36 and up to and including 48

4

Over 48 and up to and including 60

5

C) No ladder shall be used to gain access to a roof or platform unless the top of the ladder extends at least three (3) feet above the point of support, at eave, gutter, roof line, or platform.

D) Ladders shall be inspected before each use for broken rungs, split side rails, loose fastenings, decayed wood, or other defects. Ladders with defects shall not be used.

E) Portable aluminum ladders shall not be used when working on or near energized electrical equipment.

3. Fixed ladders.

A) Steep, vertical, or any other ladder which inclines backwards at any point shall be anchored securely and provided with back guards or equivalent safety protection extending from a point not more than seven (7) feet from the bottom of the ladder to the top of the ladder.

B) Ladders shall extend at least three (3) feet above the landing or substantial handholds shall be provided above the landing.

C) Ladders shall be anchored securely and installed to provide at least three (3) inches of toe clearance.

D) Men climbing or descending ladders shall face the ladders and have both hands free for climbing.

h) Scaffolding; general.

1. The footing or anchorage for scaffolds shall be sound, rigid, and capable of carrying the maximum intended load without settling or displacement. Unstable objects such as barrels, boxes, loose brick, or concrete blocks shall not be used to support scaffolds.

2. No scaffold shall be erected, moved, dismantled, or altered except under supervision of a person experienced in performing such work.

3. Guardrails and toeboards shall be installed on all open sides and ends of platforms more than six (6) feet above the ground or floor.

4. Scaffolds and their components shall be capable of supporting at least four (4) times the weight of the actual load.

5. Any scaffold, including accessories such as braces, brackets, trusses, screw legs, and ladders, damaged or weakened from any cause shall be immediately repaired or replaced.

6. All planking or platforms shall be overlapped (minimum twelve (12) inches) or secured from movement.

7. Scaffold planks shall extend over their end supports not less than six (6) inches and not more than twelve (12) inches.

8. The poles, legs, or uprights of scaffolds shall be securely and rigidly braced to prevent swaying and displacement.

9. Overhead protection shall be provided for men on a scaffold exposed to overhead hazards.

10. Slippery conditions on scaffolds shall be eliminated prior to work being performed on such scaffolds.

11. No welding, burning, riveting, or open flame work shall be performed on any staging suspended by means of fiber or syntheic rope. Only treated or protected fiber or synthetic rope shall be used for or near any work involving the use of corrosive substances or chemicals.

12. Wire, synthetic, or fiber rope used for scaffold suspension shall be capable of supporting six (6) times the applied load.

13. Scaffolds shall otherwise be erected, constructed and maintained in manner consistent with the laws and regulations of the State of Illinois, including, without limitation, "An Act providing for the protection and safety of persons in and about the construction, repairing alteration, or removal of buildings, bridges, viaducts, and other structures, and to provide for the enforcement thereof" (Ill. Rev. Stat. 1981, ch. 48, pars. 60 et seq.)

i) Illumination.

Illumination sufficient to provide safe working conditions shall be provided in and on all surface structures, paths, walkways, stairways, switch panels, loading and dumping sites, and working areas.

j) Testing for leaking; compressed gas cylinders.

Tests for leaks on the hose valves or guages of liquefied and nonliquefied compressed gas cylinders shall only be made with a soft brush and soapy water or soap suds.

k) Storage of materials.

1. Materials shall be stored and stacked in a manner which minimizes stumbling or fall-off-material hazards.

2. Materials that can create hazards if accidentally liberated from their containers shall be stored in a manner that minimizes the dangers.

3. Hazardous materials shall be stored in containers of a type approved for such use by recognized agencies; such containers shall be labeled appropriately.

4. All compressed gas cylinders, including oxygen cylinders, and liquid gas cylinders, including acetylene cylinders, shall be secured in a safe manner, and shall be stored in an upright position.

5. Valves on compressed gas cylinders shall be protected by covers when being transported or stored, and by a safe location when the cylinders are in use.

l) Surge bins and storage or surge piles.

No person shall be permitted to walk or stand immediately above a reclaiming area or in any other area at or near a surge bin or storage or surge pile, where the reclaiming operation may expose him to a hazard.

m) Hoisting of materials; rigging equipment for material handling.

1. Hoisting of materials.

A) Hitchings and slings used to hoist materials shall be suitable for handling the type of materials being hoisted.

B) Men shall stay clear of hoisted loads.

C) Taglines shall be attached to hoisted materials that require steadying or guidance.

2. Rigging equipment.

A) Slings, chains, and other equipment used for material handling shall be inspected immediately prior to each use. Defective rigging equipment shall be removed from service.

B) Rigging equipment shall not be loaded in excess of its safe working load.

n) Draw-off tunnels; stockpiling and reclaiming operation; general.

1. Tunnels located below stockpiles, surge piles, and coal storage silos shall be ventilated so as to maintain concentrations of methane below 1.0 volume per centum.

2. In addition to the tests for methane required by Section 220.20(b) of this Part, such tests shall also be made before any electric equipment is energized or repaired, unless equipped with a continuous methane monitoring device installed and operated in accordance with the provisions of Section 220.20 of this Part. Electric equipment shall not be energized, operated, or repaired until the air contains less than 1.0 volume per centum of methane.

o) Continuous methane monitoring device; Installation and operation; automatic deenergization of electric equipment.

Continuous methane monitoring devices shall be set to deenergize automatically electric equipment when such monitor is not operating properly, and to give a warning automatically when the concentrations of methane reaches a maximum percentage as determined by an authorized representative of the Department, which maximum percentage shall not be more than 1.0 volume per centum of methane. An authorized representative of the Department shall require such monitor to deenergize automatically electric equipment when the concentration of methane reaches a maximum percentage as determined by such representative, which maximum percentage shall not be more than 2.0 volume per centrum of methane.

p) Draw-off tunnel ventilation fans; installation.

When fans are used to ventilate draw-off tunnels the fans shall be:

1. Installed on the surface;

2. Installed in fireproof housings and connected to the tunnel openings with fireproof air ducts; and

3. Offset from the tunnel opening.

q) Draw-off tunnel escapeways.

When it is necessary for a tunnel to be closed at one end, an escapeway not less than thirty (30) inches in diameter (or of the equivalent, if the escapeway does not have a circular cross-section) shall be installed which extends from the closed end of the tunnel to a safe location on the surface; and, if the escapeway is inclined more than thirty (30) degrees from the horizontal it shall be equipped with a ladder which runs the full length of the inclined portion of the escapeway.

r) Refuse piles; general.

1. All refuse piles shall be located in areas which are a safe distance from all underground mine airshafts, preparation plants, tipples, or other surface installations and such piles shall not be located over abandoned openings or steamlines.

2. Where new refuse piles are constructed over exposed coal beds the exposed coal shall be covered with clay or other inert material as the piles are constructed.

3. A fireproof barrier of clay or inert material shall be constructed between old and new refuse piles.

4. Roadways to refuse piles shall be fenced or otherwise guarded to restrict the entrance of unauthorized persons.

5. All refuse piles shall otherwise conform to the standards contained in relevant laws and regulations of the State of Illinois and the United States of America.

s) Refuse piles; construction requirements.

1. Refuse deposited on a pile shall be spread in layers and compacted in such a manner so as to minimize the flow of air through the pile.

2. Refuse shall not be deposited on a burning pile except for the purpose of controlling or extinguishing a fire.

3. Clay or other sealants shall be used to seal the surface of any burning refuse pile.

4. Surface seals shall be kept intact and protected from erosion by drainage facilities.

5. Refuse piles shall not be constructed to as to impede drainage or impound water.

6. Refuse piles shall be constructed in such a manner as to prevent accidental sliding and shifting of materials.

7. No extraneous combustible material shall be deposited on refuse piles.

8. All refuse piles shall otherwise conform to the construction standards contained in relevant laws and regulations of the State of Illinois and the United States of America.

t) Retaining dams; construction; inspection; records.

1. If failure of a water or silt retaining dam will create a hazard, it shall be of substantial construction and shall be inspected at least once each week.

2. Weekly inspections conducted pursuant to paragraph (t)(1) above shall be conducted by a person qualified to conduct and report on such inspections, which person shall be designated by the operator. Such weekly reports shall be approved and signed by the certified person responsible for the overall supervision of the mine. The record of such inspections shall be kept at the mine for at least three (3) years in a suitably-bound book provided by the operator for such purposes, and such record shall be available at all times for review by any authorized representative of the Department.

u) Amendments and additions to the Federal rules on refuse piles and impounding structures, adopted by Mining Enforcement and Safety Administration, and effective November 1, 1975.

All those amendments and additions to the Federal rules regarding refuse piles and impounding structures, which amendments and additions were made effective November 1, 1975 by the Mining Enforcement and Safety Administration and the United States Department of Interior, and which rules are found 30 CFR 77; 215; 215-1; 215-2; 215-3; 215-4; 216; 216-1; 216-2; 216-3; 216-4; 216-5 and 217 are hereby incorporated by reference and made a permanent part of these rules.

62 Ill. Adm. Code 220.30 Thermal Dryers

a) Thermal dryers; general.

All dryer systems used for drying coal at high temperatures, hereinafter referred to as thermal dryers, including without limitation, rotary dryers, continuous carrier dryers, vertical tray, and cascade dryers, multilouver dryers, suspension or flash dryers, and fluidized bed dryers, shall be maintained and operated in accordance with the provisions of Section 220.30(b) through (f).

b) Dryer heating units; operation.

1. Dryer heating units shall be operated to provide reasonably complete combustion before heated gases are allowed to enter hot gas inlets.

2. Dryer heating units which are fired by pulverized coal, shall be operated and maintained in accordance with the recommended standards set forth in the National Fire Protection Association Handbook, 12th Edition, Section 9, "Installation of Pulverized Fuel Systems," 1962.

c) Bypass stacks.

Thermal dryer systems shall include a bypass stack, relief stack, or individual discharge stack provided with automatic venting which will permit gases from the dryer heating unit to bypass the heating chamber and vent to the outside atmosphere during any shutdown operation.

d) Hot gas inlet chamber dropout doors.

Thermal dryer systems which employ a hot gas inlet chamber shall be equipped with drop-out doors at the bottom of the inlet chamber or with other effective means which permit coal, fly-ash, or other heated material to fall from the chamber.

e) Explosion release vents.

Drying chambers, dry-dust collectors, ductwork connecting dryers to dust collectors, and ductwork between dust collectors and discharge stacks shall be protected with explosion release vents which open directly to the outside atmosphere, and all such vents shall be:

1. Hinged to prevent dislodgment;

2. Designed and constructed to permit checking and testing by manual operation; and

3. Equal in size to the cross-sectional area of the collector vortex finder where used to vent dry dust collectors.

f) Access to drying chambers, hot gas inlet chambers and ductwork; installation and maintenance.

Drying chambers, hot gas inlet chambers and all ductwork in which coal dust may accumulate shall be equipped with tight sealing access doors which shall remain latched during dryer operation to prevent the emission of coal dust and the loss of fluidizing air.

g) Fire protection.

Based on the need for fire protection measures in connection with the particular design of the thermal dryer, an authorized representative of the Department may require any of the following measures to be employed:

1. Water sprays automatically actuated by rises in temperature to prevent fire, installed inside the thermal dryer systems, and such sprays shall be designed to provide for manual operation in the event of power failure.

2. Fog nozzles, or other no less effective means, installed inside the thermal dryer systems to provide additional moisture or an artificial drying load within the drying system when the system is being started or shut down.

3. The water system of each thermal dryer shall be interconnected to a supply of compressed air which permits constant or frequent purging of all water sprays and fog nozzles or other no less effective means of purging shall be provided.

h) Thermal dryers; location and installation; general.

1. All thermal dryer systems erected or installed at any coal mine shall be located at least one hundred (100) feet from any underground coal mine opening, and one hundred (100) feet from any surface installation where the heat, sparks, flames, or coal dust from the system might cause a fire or explosion.

2. All thermal dryer systems erected or installed may be covered by roofs; however, such systems shall not be otherwise enclosed unless necessary to protect the health and safety of persons employed at the mine. Where such systems are enclosed, they shall be located in separate fireproof structures of heavy construction with explosion pressure release devices (such as hinged wall panels, window sashes, or louvers), which provide at least one (1) square foot of area for each eighty (80) cubic feet of space volume and which are distributed as uniformly as possible throughout the structure.

i) Structures housing other facilities; use of partitions.

All thermal dryer systems installed in any structure which also houses a tipple, cleaning plant, or other operating facility shall be separated from all other working areas of such structure by a substantial partition capable of providing greater resistance to explosion pressures than the exterior wall or walls of the structure. The partition shall also include substantial, self-closing fire doors at all entrances to the areas adjoining the dryer system.

j) Visual check of system equipment.

Frequent visual checks shall be made by the operator of the thermal dryer system control station, or by some other qualified person, of the bypass dampers, air-tempering louvers, discharge mechanism, and other dryer system equipment.

k) Control stations; location.

All thermal dryer system control stations shall be installed at a location which will give to the operator of the control station the widest field of visibility of the system and equipment.

l) Control panels.

1. All thermal dryer system control panels shall be located in an area which is relatively free of moisture and dust and shall be installed in such a manner as to minimize vibration.

2. A schematic diagram containing legends which show the location of each thermocouple, pressure tap, or other control or gauging instrument in the drying system shall be posted on or near the control panel of each thermal drying system.

3. Each instrument on the control panel shall be identified by a name-plate or equivalent marking.

4. A plan to control the operation of each thermal dryer system shall be posted at or near the control panel showing a sequence of startup, normal shutdown, and emergency shutdown procedure.

m) Alarm devices.

Thermal dryer systems shall be equipped with both audible and visual alarm devices which are set to operate when safe dryer temperatures are exceeded.

n) Fail safe monitoring systems.

Thermal dryer systems and controls shall be protected by a fail safe monitoring system which will safely shut down the system and any related equipment upon failure of any component in the dryer system.

o) Wet-coal feedbins; low-level indicators.

Wet-coal bins feeding thermal drying systems shall be equipped with both audible and visual low-coal-level indicators.

p) Automatic temperature control instruments.

1. Automatic temperature control instruments for thermal dryer system shall be of the recording type.

2. Automatic temperature control instruments shall be locked or sealed to prevent tampering or unauthorized adjustment. These instruments shall not be set above the maximum allowable operating temperature.

3. All dryer control instruments shall be inspected and calibrated at least once (1) every three (3) months and a record or certificate of accuracy, signed by a person qualified to inspect and calibrate such instruments shall be kept at the plant.

q) Thermal dryers; examination and inspection.

Thermal dryer systems shall be examined for fires and coal-dust accumulations, if the dryers are not restarted promptly after a shutdown.

62 Ill. Adm. Code 220.40 Safeguard for Mechanical Equipment

a) Mechanical equipment guards.

1. Gears, sprockets, chains, drive, head, tail, and takeup pulleys, flywheels, couplings, shafts, sawblades, fan inlets, protruding set screws on revolving parts, and similar exposed moving machine parts which may be contacted by persons, and which may cause injury to persons shall be guarded. Guards shall be sufficiently strong and maintained to provide the required protection.

2. Overhead belts shall be guarded if the whipping action from a broken line would be hazardous to persons below.

3. Guards at conveyor-drive, conveyor-head, and conveyor-tail pulleys shall extend a distance sufficient to prevent a person from reaching behind the guard and becoming caught between the belt and the pulley.

4. Except when testing the machinery, guards shall be securely in place while machinery is being operated.

b) Stationary grinding machines; protective devices.

1. Stationary grinding machines other than special bit grinders shall be equipped with:

A) Peripheral hoods (less than ninety degrees (90 ) throat openings) capable of withstanding the force of a bursting wheel;

B) Adjustable tool rests set as close as practical to the wheel; and

C) Safety washers.

2. Grinding wheels shall be operated within the specification of the manufacturer of the wheel.

3. Face shields or goggles, in good condition shall be worn when operating a grinding wheel.

c) Tools-hand and power; general requirements.

1. All hand and power tools shall be maintained in safe condition. Defective tools shall be removed from service.

2. Hand-held power tools shall be equipped with controls requiring constant hand or finger pressure to operate the tools or shall be equipped with friction or other equivalent safety devices as approved by an authorized representative of the Mining Board.

d) Power-operated hand tools.

1. Electric power-operated tools.

A) Electric power-operated tools shall either be a double-insulated type approved by a nationally recognized testing laboratory or shall be grounded in accordance with Section 220.70 of this Part. Where such an approved double-insulated power-operated tool is employed, it shall be distinctly marked.

B) Electric cords shall not be used for hoisting or lowering tools.

2. Pneumatic power tools.

A) Safety clips or retainers shall be securely installed on pneumatic impact tools to prevent attachments from being accidentally ejected.

B) All pneumatically driven nailers, staplers, and other similar equipment provided with automatic fastener feed which operates at more than one hundred (100) P.S.I., at the tool, shall have a safety device on the muzzle to prevent the tool from ejecting fasteners unless the muzzle is in contact with the work surface.

C) Hoses shall not be used for hoisting or lowering tools.

3. Fuel-powered tools.

All fuel-powered tools shall be stopped while being refueled, serviced, or maintained, and fuel shall be transported, handled and stored in accordance with Section 220.110(d) of this Part, and all other applicable state and federal statutes, and rules.

4. Power-actuated tools.

A) Only employees who have been instructed in the safe operation of the particular tool being used shall be permitted to operate a power-actuated tool.

B) The tool shall be tested each day before loading to see that the safety devices are in safe working condition. The method of testing shall be in accordance with the manufacturer's recommended procedure.

C) Tools shall not be loaded until immediately prior to the intended firing time. Neither loaded nor empty tools are to be pointed at other personnel.

D) Loaded tools shall not be left unattended.

E) Fasteners shall not be driven into materials harder than manufacturers' recommendations.

F) Driving into material easily penetrated shall be avoided unless such materials are backed by a substance that will prevent the fastening device from passing completely through and creating a flying missile hazard on the other side.

G) Power-actuated tools shall not be used in hazardous locations as set forth in the National Electrical Code.

H) All tools shall be used with the appropriate shield, guard, or attachment recommended by the manufacturer.

I) Employees operating power-actuated tools shall keep all parts of their bodies behind the tool.

e) Mobile equipment; falling object protective structures (FOPS).

1. When necessary to protect the operator of the equipment, all rubber-tired crawler-mounted self-propelled scrapers, front-end loaders, dozers, graders, loaders, and tractors, with or without attachments, that are used in surface coal mines or the surface work areas of underground coal mines shall be provided with substantial falling object protective structures (FOPS). FOPS which meet the requirements of the Society of Automotive Engineers (SAE) Standard J 231 shall be considered to be a "substantial" FOPS. An authorized representative of the Department may approve a FOPS which provides protection equivalent to SAE J 231.

2. When necessary to protect the operator of the equipment, forklift or powered industrial trucks shall be provided with substantial FOPS. Such FOPS shall meet the requirements of the State of California, Division of Industrial Safety, General Safety Orders, Register 72, Number 6, February 8, 1972, Article 25, Section 3655-"Overhead Guards for High-Lift Rider Trucks."

f) Mobile equipment; rollover protective structures (ROPS).

1. All rubber-tired or crawler-mounted self-propelled scrapers, front-end loaders, dozers, graders, loaders, and tractors, with or without attachments, that are used in surface coal mines or the surface work areas of underground coal mines shall be provided with roll-over protective structures (hereinafter referred to as ROPS) in accordance with the requirements of paragraphs (f)(2) through (f)(6) of this Section, as applicable.

2. All mobile equipment described in paragraph (f)(1) of this Section shall be equipped with ROPS meeting the requirements of the Department of Labor specified in 29 CFR 1926.1001, and 1926.2002-Safety and Health Regulations for Construction.

3. Except as provided in paragraph (f)(8) of this Section, mobile equipment described in paragraph (f)(1) of this Section, manufactured prior to September 1, 1974, shall be deemed in compliance with this Section if the ROPS is installed in accordance with the recommendations of the ROPS manufacturer or designer. The coal mine operator shall exhibit certification from the ROPS manufacturer or designer in the form of a label attached to the equipment indicating the manufacturer's or fabricator's name and address, the ROPS model number, if any, the machine make, model or series number that the structure is designed to fit, and compliance with the applicable specification listed in paragraph (c)(1) or (c)(2) of this Section, or he shall, upon request of the authorized representative of the Department, furnish certification from a registered professional engineer that:

A) The ROPS complies with the Society of Automotive Engineers (SAE) Standard J 397, "Critical Zone-Characteristics and Dimensions for Operators of Construction and Industrial Machinery" or SAE J397a, "Deflection Limiting Volume for Laboratory Evaluation of Rollover Protective Structures (ROPS) and Falling Object Protective Structures (FOPS) of Construction and Industrial Vehicles" and the following applicable SAE Standards:

i) J 320a, "Minimum Performance Criteria for Rollover Protective Structure for Rubber-Tired Self-Propelled Scrapers" or J320b, "Minimum Performance Criteria for Rollover Protective Structures for Primer Movers";

ii) J 394, "Minimum Performance Criteria for Rollover Protective Structure for Rubber-Tired Front-End Loaders and Rubber-Tired Dozers" or J 394a, "Minimum Performance Criteria for Rollover Protective Structures for Wheeled Front-End Loaders and Wheeled Dozers";

iii) J 395, "Minimum Performance Criteria for Rollover Protective Structure for Crawler Tractors and Crawler-Type Loaders" or J 395a, "Minimum Performance Criteria for Rollover Protective Structures for Track-Type Tractors and Track-Type Front-End Loaders";

iv) J 396 or J 396a, "Minimum Performance Criteria for Rollover Protective Structures for Motor Graders";

v) J 167, "Protective Frame with Overhead Protection-Test Procedures and Performance Requirements"; or

vi) J 334a, "Protective Frame Test Procedures and Performance Requirements".

B) The ROPS and supporting attachments will:

i) Show satisfactory performance by actual test of a prototype involving a roll of seven hundred twenty degrees (720~) or more;

ii) Support not less than the weight of the vehicle applied as a uniformly distributed and perpendicular to a vertical plane through the longitudinal axis of the prime mover, and support two (2) times the weight of the vehicle applied as a uniformly distributed vertical load to the top of the structure; or

iii) Support the following separately applied minimum loads:

One hundred twenty-five (125) percent of the weight of the vehicle applied as a uniformly distributed horizontal load at the top of the ROPS and perpendicular to a critical plane through the longitudinal axis of the prime mover; and a load of twice the weight of the vehicle applied as a uniformly distributed vertical load to the top of the ROPS after complying with paragraph (f)(3)(A) of this Section. Stresses shall not exceed the ultimate strength. Steel used in the ROPS must have capability to perform at zero degrees (0 ) F., or exhibit Charpy V-notch impact strength at eight (8) ft.-lb. at minus twenty degrees (-20~) F. with a standard Charpy V-notch Type A specimen and provide twenty (20) percent elongation over two (2) inches in a standard two (2) inch gauge length on a 0.505 inch diameter tensile specimen. Bolts and nuts shall be SAE grade eight (8) (reference SAE J 429d, J 429e, J 429f or J 429g, J 995, J 995a or J 995b).

4. Mobile equipment manufactured prior to September 1, 1974 meeting certain existing governmental requirements for ROPS. Mobile equipment described in paragraph (f)(1) of this Section, manufactured prior to September 1, 1974 and already equipped with ROPS, shall be deemed in compliance with this Section if it meets the ROPS requirements of the State of California, the U.S. Army Corps of Engineers, the Bureau of Reclamation of the U. S. Department of the Interior in effect on April 5, 1972, or the Occupational Safety and Health Administration, U.S. Department of Labor. The requirements in effect are:

A) State of California: Construction Safety Orders 1591(i), 1596, and Logging and Sawmill Safety Order 5243, issued by the Department of Industrial Relations pursuant to Divison 5, Labor Code Section 6312, State of California;

B) U.S. Army Corps of Engineers: Safety-General Safety Requirements, EM-385-1-1 (March 1967);

C) Bureau of Reclamation, U.S. Department of the Interior: Safety and Health Regulations for Construction, Part II (September 1971); and

D) Occupational Safety and Health Administration, U.S. Department of Labor: Safety and Health Regulations for Construction, 29 CFR 1926.1001 and 1926.1002.

5. Field welding on ROPS shall be performed by welders who are certified by the coal mine operator or equipment distributor as being qualified in accordance with the American Welding Society Structural Welding Code AWS D1.1-73, or Military Standard MIL-STD 248, or the equivalent thereof.

6. Seat belts required by Section 220.170(k)(9) shall be worn by the operator of mobile equipment required to be equipped with ROPS by this Section.

g) Machinery and equipment; operation, maintenance, and examination.

1. Mobile and stationary equipment shall be properly maintained to assure safe operating conditions. The operator of such equipment shall report any dangerous equipment defect to the mine operator. When such condition is reported, the mine operator shall take immediate action to investigate the report, and when such equipment defect is found, the equipment shall be removed from service until the defect is corrected.

2. All over-head hoists shall be secured by safety chains, ropes, or other safety devices so that in the event they become separated from the carriage track, they shall not fall.

3. The ends of all stationary and all movable carriage rails shall be equipped with safety stops at each end.

A) This includes all carriage rails that are part of the system regardless if a hoist is or is not suspended from the rail at time of inspection.

B) A means shall be provided to secure the traveling bridge to assure that the movable rail will remain in place when both a movable rail and a stationary rail are being utilized to suspend the hoist. Hoisting equipment shall be closely examined to also make certain:

i) The the hoist is securely fastened to the dolly or other support;

ii) That the dolly rides the I-beam without excessive side play;

iii) That the hoist has proper operating controls that allow the hoist to be operated from a safe position. Under no condition, shall a person or persons position themselves under a suspended load. Taglines shall be used to position or to guide loads;

iv) That the dolly or hoist does not contain bent or defective parts or defective ropes or chains;

v) That the electric hoists are being examined frequently and maintained in a safe operating condition as required by Section 220.50(c) of this Part;

vi) That the hoist is being operated within its rated capacity;

vii) That the hoists attached to H-beams are being used for vertical lifting only;

viii) That all load hooks are equipped with safety latches;

ix) That limit switches are installed for both the hoisting and lowering of electrical hoists to insure that a minimum of three (3) turns of rope remain on the drum when the rope is extended to its maximum working length; and

x) That extensions or cheaters not be used on the handle of hand-operated hoists.

h) Performing work from a raised postion; safeguards.

1. Men shall not work on or from a piece of mobile equipment in a raised position until it has been blocked in place securely. This does not preclude the use of equipment specifically designed as elevated mobile work platforms.

2. No work shall be performed under machinery or equipment that has been raised until such machinery or equipment has been securely blocked in position.

i) Drive Belts.

1. Drive belts shall not be shifted while in motion unless the machines are provided with mechanical shifters.

2. Belt dressings shall not be applied while belts are in motion except where it can be applied without endangering a person.

j) Power-driven pulleys.

1. Belts, chains, and ropes shall not be guided onto power-driven moving pulleys, sprockets, or drums with the hands except on slow moving equipment especially designed for hand feeding.

2. Pulleys of conveyors shall not be cleaned manually while the conveyor is in motion.

3. Coal or other material spilled beneath belt conveyor drives or tail pieces shall not be removed while the conveyor is in motion unless the drive or tail piece is adequately guarded, sufficient overhead clearance is provided, or special tools or equipment approved by an authorized representative of the Department are used to protect the miner performing the work.

k) Welding operations.

1. Welding operations shall be shielded and the area shall be well ventilated.

2. When air arcing and arc cutting is being performed, every precaution should be taken to minimize the effects of noise, dust, and smoke on men working in the area.

3. Components of hoists shall not be used as welding grounds.

l) Shovels, draglines, and tractors.

1. Shovels, draglines, and tractors shall not be operated in the presence of any person exposed to a hazard from its operation and all such equipment shall be provided with an adequate warning device which shall be sounded by the operator prior to starting operation.

2. Shovels and draglines shall be equipped with handrails along and around all walkways and platforms.

m) Mobile equipment; automatic warning devices.

Mobile equipment, such as trucks, forklifts, front-end loaders, tractors and graders, shall be equipped with an adequate automatic warning device which shall give an audible alarm when such equipment is put in reverse.

n) Compressed air and boilers; general.

All boilers and pressure vessels shall be constructed, installed, and maintained in accordance with the standards and specificiations of the American Society of Mechanical Engineers Boiler and Pressure Vessel Code.

o) Compressed air systems.

1. Compressors and compressed-air receivers shall be equipped with automatic pressure-relief valves, pressure gauges, and drain valves.

2. Repairs involving the pressure system of compressors, receivers, or compressed-air-powered equipment shall not be attempted until the pressure has been relieved from that part of the system to be repaired.

3. At no time shall compressed air be directed toward a person. When compressed air is used, all necessary precautions shall be taken to protect persons from injury.

4. Safety chains or suitable locking devices shall be used at connections to machines of high-pressure air hose lines of one (1) inch inside diameter or larger, and between high-pressure air hose line of one (1) inch inside diameter or larger, where a connection failure would create a hazard.

p) Boilers.

1. Boilers shall be equipped with guarded, well-maintained water gauges and pressure gauges placed so that they can be observed easily. Water gauges and pipe passages to the gauges shall be kept clean and free of scale and rust.

2. Boilers shall be equipped with automatic pressure-relief valves; valves shall be opened manually at least once (1) a week to determine that they will function properly.

3. Blow-off valves shall be piped outside the building and shall have outlets so located or protected that persons passing by, near, or under them will not be scalded.

4. Boiler installations shall be provided with safety devices, meeting appropriate boiler code, to protect against hazards of flame outs, fuel interruptions, and low water level.

5. Boilers shall be inspected internally at least once (1) a year by a licensed boiler inspector and a certificate of inspection signed by the inspector shall be displayed in the vicinity of the boiler.

62 Ill. Adm. Code 220.50 Electrical Equipment-General

a) Electric power circuits and electric equipment; deenergization.

Power circuits and electric equipment shall be deenergized before work is done on such circuits or equipment, except when necessary for trouble-shooting or testing. Disconnecting devices shall be locked out and suitably tagged by the persons who perform such work, except that in cases where locking out is not possible, such devices shall be opened and suitably tagged by such persons. Locks and tags shall be removed only by the persons who installed them, or, if such persons are unavailable, by persons authorized by the operator or his agent.

b) Electric circuits and equipment; repair.

No electrical work shall be performed on electric circuits or equipment except by a person qualified to perform electrical work and to maintain electrical equipment, or by a person trained to perform electrical work and to maintain electrical equipment at the direction of a qualified person. When such work is done by a trained person, the circuits or equipment shall be examined by a qualified person to assure safe operating condition before such circuits or equipment are energized.

c) Electric equipment; examination, testing, and maintenance.

Electric equipment shall be frequently examined, tested and properly maintained by a person qualified to perform electrical work and to maintain electrical equipment to assure safe operating conditions. When a potentially dangerous condition is found on electric equipment, such equipment shall be identified and be removed from service until such condition is corrected. A record of such examinations shall be kept in an approved book, and shall include all dangerous conditions found, corrective actions taken, and the signature of the qualified person conducting the examination or testing. The record of examinations shall be signed by the person responsible for maintaining the equipment in safe operating condition, who shall also be a person qualified to perform electrical work and maintain electrical equipment, and records shall be made available for inspection by an authorized representative of the Department and the authorized representative of miners of such mine.

d) Electric equipment; examination and testing.

A potentially dangerous condition within the meaning of Section 220.50(c) shall include without limitation, exposed conductors, improper frame grounding, missing guards, missing inspection covers, poorly-made splices in conductors, improper terminations, improper overload or short circuit protection, broken conduit, missing or malfunctioning safety devices, inoperative indicating lights, inoperative ground fault protection, defective monitoring circuits, and inadequate ground fields.

e) Qualified person.

A qualified person within the meaning of Sections 220.50(b), 220.50(c), 220.60(b), 220.80(b) and Section 220.90 of this Part is an individual who has been qualified as a coal miner electrician under 30 CFR 77.103, or anyone who may be so qualified in the future as a coal miner electrician by the Department, if and when such Department adopts rules affecting coal miner electrician certification.

f) Electric equipment; frequency of examination and testing.

The examinations and test required under the provisions of Section 220.50(c) shall be conducted as interpreted in the Mining Enforcement Safety Administration (MESA) Inspector's Manual at least monthly or more often if necessary to assure safe operating conditions. State Mine Inspectors shall be presented evidence of qualifications upon request.

g) Electric conductors; capacity and insulation.

Electric conductors shall be sufficient in size and have adequate current-carrying capacity and be of such construction that a rise in temperature resulting from normal operation will not damage the insulating materials.

h) Electric Conductors.

Electric conductors, installed inside surface buildings and structures, shall be sufficient in size to meet the minimum current-carrying capacity provided for in the National Electrical Code in effect at the time of installation.

i) Electric conductors; mobile and portable equipment.

Trailing cable, portable cables, and electric conductors installed in mobile or portable equipment shall have ampacities and construction in accordance with the specifications of Insulated Power Cable Engineers Association-National Electrical Manufacturers Association in effect at time of purchase and the conductors shall be sufficient in size so that a rise in temperature resulting from normal operation will not damage the insulating material.

j) Electrical connections or splices; suitability.

Electrical connections or splices in electric conductors shall be mechanically and electrically efficient, and suitable connectors or approved splicing methods shall be used. All electrical connections or splices in insulated wire and cable shall be reinsulated at least to the same degree of protection as the remainder of the wire or cable.

k) Cable fittings; suitability.

Cables shall enter metal frames of motors, splice boxes, and electric compartments only through proper fittings and shall be secured to prevent chaffing of the insulation. When insulated wires, other than wiring installed in conduit, pass through metal frames, the holes shall be substantially bushed with insulated bushings and the wires be secured.

l) Electric equipment and circuits; overload, short-circuit, and ground fault protection.

Automatic circuit-breaking devices or fuses of the correct type and capacity shall be installed so as to protect all electric equipment and circuits against short circuit and overloads. Ground fault protection shall be provided for equipment, powered by solidly or resistance grounds' systems.

m) Electric equipment and circuits; overload and short-circuit protection; minimum requirements.

Devices providing short-circuits and overload protection shall conform to the minimum requirements for protection of electric circuits and equipment of the National Electrical Code in effect at the time of installation except that motors and circuits used in specially designed electrical systems, such as those used on some excavators, hoists and elevators, shall be considered as being provided with overload protection if the design of the system prevents the motors and associated circuits from being subjected to harmful overloads.

n) Electric equipment-switches.

All electric equipment contracted for after the effective date of this regulation shall be provided with switches or other controls that are safely designed, constructed, and installed. The voltage of alternating current remote control circuits that are installed external to the controller enclosure shall not exceed one hundred twenty (120) volt.

o) Lightning arresters; ungrounded, exposed power conductors, and telephone wires.

All ungrounded, exposed power conductors, control lines, and communication wires shall be equipped with suitable lightning arresters which are adequately installed and connected to a low resistance grounding medium in accordance with Section 220.70(f).

p) Lightning arresters; circuits entering or leaving buildings.

Lightning arresters protecting circuits entering or leaving buildings shall be provided at a point near where each such circuit enters or leaves the building.

q) Transformers and high-voltage equipment; installation and guarding; minimum vertical clearance.

1. Transformers and other high-voltage equipment shall be of the enclosed type, or installed in a transformer house, or surrounded by a substantial fence at least six (6) feet high and at least three (3) feet from any energized parts, casings, or wiring.

2. Enclosures of high-voltage equipment shall be kept locked against unauthorized entry.

3. Electric equipment energized at more than one thousand (1,000) volts and containing unguarded live parts, shall be installed with a minimum vertical clearance above the surfaces where a person would normally stand, as follows:

Voltage Between Phases

Minimum Vertical Clearance of Unguarded Parts:

Feet

Inches

1,000 – 6,600

8

0

6,601 – 11,000

9

0

11,001 – 22,000

9

3

22,001 – 33,000

9

6

33,001 – 44,000

9

10

44,001 – 66,000

10

5

66,001 – 88,000

11

0

88,001 – 110,000

11

7

110,001 – 132,000

12

2

r) Resistors; location and guarding.

Resistors, heaters, and rheostats shall be located so as to minimize fire hazards and, where necessary, provided with guards to prevent personal contact.

s) Danger signs at high-voltage electrical installations.

Danger signs shall be posted at the entrance to all high-voltage electrical installations.

t) Inspection and cover plates.

Inspection and cover plates on electrical equipment shall be kept in place at all times except during testing or repairs. Equipment designed with exposed energized parts shall be properly guarded to prevent accidental contact.

u) Insulated platforms at power switches.

Insulated mats or platforms, insulated for the phase-to-phase voltage of the system, shall be kept in place at all switchboards and power control switches where shock hazards exist. However, metal plates on which a person normally would stand and which are kept at the same potential as the grounded, metal noncurrent-carrying parts of the power switches to be operated, may be used.

v) Switchboards; enclosures, passageways, and clearance.

Switchboards in stationary installations which require back access shall be provided with passageways or lanes of travel which permit access to the back of the switchboard from both ends for inspection, adjustment, or repair. Openings permitting access to the rear of any switchboard shall be guarded, except where they are located in buildings which are kept locked. Enclosures containing switchboards motor generators sets, transformers, oil circuit breakers, and resistance panels shall not be used for the storage of material.

w) Bare signal or control wires; voltage.

The voltage on bare signal or control wires accessible to personal contact shall not exceed forty (40) volts.

x) Electric Wiring and equipment; Installation and maintenance.

Except as otherwise provided in this Part, all wiring and electrical equipment installed after effective date of this regulation shall meet the requirements of the National Electric Code in effect at the time of installation.

y) Hazardous locations, surface facilities; bituminous and lignite mines.

1. All electrical circuits and equipment installed after effective date of this regulation with a coal preparation plant or other enclosure housing coal-handling facilities, except in sections where only wet coal is handled or in sections so maintained as to be free from dangerous amounts of coal dust, shall be of the type designed for hazardous locations, Class II, Group F, and installed in accordance with the requirements in Article 501 of the National Electrical Code.

2. Enclosed areas where methane may accumulate and is not prevented from accumulating by an adequate ventilation system shall have electric circuits and equipment of the type designed for hazardous locations, Class I, Group D, and installed in accordance with the requirements in Article 501 of the National Electrical Code.

3. An adequate ventilation system within the meaning of paragraph (b) above is a system in which:

A) The enclosed area is monitored continuously in accordance with the provisions of Section 220.20(n); and

B) The provisions of Section 220.20(a) are complied with.

z) Approved permissible equipment.

Permissible electrical equipment which is maintained in a permissible condition may be used in lieu of equipment required in Section 220.50(y).

aa) Minimum wiring requirements for stationary structures and buildings; general.

1. All wiring shall be installed so as to be adequately protected from physical damage;

2. Raceways, cable assemblies, boxes, cabinets, and fittings shall be securely fastened in place;

3. Cables, conductors, metal raceways, cable armor, boxes, fittings, supports, and other wiring hardware shall be of proper construction and material for the environment in which they are installed;

4. Power cables within surface structures shall closely follow the surface of the building or the other continuous support and shall be secured at intervals not exceeding four and one-half (4 1/2) feet and within one (1) foot from every box fitting; and

5. All open conductors within surface structures shall closely follow the surface of the building and be installed on proper insulators which support the wires at least every four and one-half (4 1/2) feet.

bb) Equipment marking.

All electrical equipment purchased or rebuilt after the effective date of these rules shall be provided with a plate which indicates the manufacturer's name, rated voltage, current, horsepower, frequency, number of phases, and duty cycle.

cc) Protection of power cables.

All power cables and wiring shall be adequately protected against mechanical damage. If a cable is damaged to the extent that the outer jacket will not exclude moisture, or if the conductors or metallic shielding are exposed, the cable jacket shall be repaired to the same degree of protection as the remainder of the cable.

dd) Identification.

Circuit breakers, disconnects, control switches, and push buttons shall be marked to show which circuit they control, unless identification can be made readily by location.

62 Ill. Adm. Code 220.60 Trailing Cables

a) Trailing cables; ampacity.

All trailing cables shall meet the minimum requirements for construction and ampacity provided in the Standards of the Insulated Power Cable Engineers Association – National Electric Manufacturers Association in effect when such cables are purchased.

b) Trailing cables; short-circuit, grounded phase protection, and disconnecting devices.

Short-circuit protection for trailing cable shall be provided by a circuit breaker or other no less effective device of adequate current-interrupting capacity in each ungrounded conductor. One (1) breaker may protect multiple cables if the amperage setting on the breaker is set to the lowest amperage setting of the smallest circuit. Disconnecting devices shall be installed in conjunction with each circuit breaker and within three thousand (3,000) feet of each mobile machine. Such disconnecting devices used to connect power from trailing cables shall be plainly marked and identified and such devices shall be equipped or designed in such a manner that it can be determined by visual observation that the power is disconnected.

c) Short-circuit protection; ratings and settings of circuit breakers.

Circuit breakers providing short-circuit protection for trailing cables shall be set at not more than eighty (80) percent of the short-circuit capability of the system. The maximum time for clearing a short circuit shall not exceed that cable time current rating specified by the Insulated Power Cable Engineers Association higher settings may be permitted by an authorized representative of the Department when he has determined that higher settings are justified.

d) Design of trailing cable for low and medium voltage three (3) phase equipment.

All trailing cables supplying power to equipment from low and medium-voltage systems purchased after effective date shall contain two (2) or more grounding conductors having a total cross-sectional area of not less than one-half (½) the power conductor and grounded metallic shields around each power conductor. The metallic shielding shall meet the requirements for shielding provided by the Standards of the Insulated Power Cable Engineers Association-National Electrical Manufacturers Association for type SH or SHD portable power cables. Such trailing cables shall include an insulated conductor for the ground continuity check circuit except in circuits in which a no less effective device for ground check monitoring approved by the Department is being utilized.

e) Splicing of trailing cables.

1. When splices in trailing cables are made, they shall be:

A) Mechanically strong with adequate electrical conductivity,

B) Effectively insulated and sealed so as to exclude moisture, and

C) Vulcanized or otherwise made with suitable materials to provide good bonding to the outer jacket.

2. Splices made in trailing cables shall provide continuity of all components including the grounded metallic shielding.

3. Trailing cables or portable cables with exposed wires or splices that heat or spark under load shall not be used.

f) Securing of Trailing Cables to equipment.

Trailing cables shall be secured to machines in a manner to protect the cables from damage and to prevent strain on the electrical connections.

g) Protection of trailing cables.

Trailing cables shall be adequately protected to prevent damage by mobile equipment and placed to afford protection against rock slides and other falling objects. Surplus trailing cable to shovels, draglines, drills, and similar equipment shall be stored on reels mounted on the equipment or otherwise protected from mechanical damage. Damaged outer jackets of trailing cables shall be repaired to the same degree of protection as the remainder of the cable.

h) Breaking trailing cable and power cable connections.

1. Plugs and connectors in trailing cables and power cables shall not be connected or disconnected while the circuit is energized.

2. No power cable or electric circuit supplying power in excess of two hundred forty (240) volts will be energized or deenergized, hooked up or unhooked except by a person qualified under Section 220.50(e) of this Part to perform electrical work, or by a person trained to perform electrical work at the direction of a qualified person.

3. This requirement shall not be construed to include the energizing or deenergizing of a simple "on-off"switch on standard equipment, when such switch or equipment is located outside of any high-voltage switch house.

i) Trailing Cables; Movement.

Trailing cables shall not be moved with mobile equipment unless cable slings, sleds, or equivalent protection is provided.

j) Energized trailing cables, handling.

Energized trailing cables, where the phase-to-ground voltage is one hundred fifty (150) volts or more, shall be handled only by persons wearing protective gloves. Protective gloves must be worn while using insulated hooks or tongs.

k) Protective gloves; minimum requirements.

1. Protective gloves worn while handling high-voltage trailing cables shall be rated at least for the phase-to-ground voltage of the system and shall be used and tested in accordance with the provisions of Section 220.80(aa), (bb) and (cc).

2. Protective gloves worn while handling low-voltage and medium-voltage trailing cables shall be rated for a minimum of the phase-to-ground voltage of the circuit.

3. Protective gloves shall be inspected for defects before each use. Protective gloves which contain defects shall not be used.

History

• Source: Amended at 10 Ill. Reg. 224, effective February 7, 1986

62 Ill. Adm. Code 220.70 Grounding

a) Grounding, metallic shielding, armors, conduit enclosing power conductors, metallic frames, casings, and other metallic enclosures of electric equipment and circuits.

Metallic shieldings, armors, conduits enclosing power conductors, metallic frames, casings, and other metallic enclosures of electric equipment and circuits that can become "alive" through failure of insulation or by contact with energized parts shall be grounded by methods approved by an authorized representative of the Department.

b) Approved grounding methods; three (3)-phase systems.

1. Resistance Grounded Systems. A grounding circuit consisting of a grounding wire that meets the requirements of Section 220.70(f), originating at the grounded side of the grounding resistor, shall extend along with the power conductors and serve as the grounding conductor for all metallic shielding, armors, conduit enclosing power conductors, metallic frames, casings, and other metallic enclosures of electric equipment and circuits that receive power from the circuit. The grounding resistor shall be located at the power source. The grounded side of the grounding resistor shall be connected to a low resistance ground field.

2. Solidly Grounded Systems. The grounded point of three (3)-phase systems shall be grounded to a low resistance ground field and to the cases of the source transformers. A grounding circuit that meets the requirements of Section 220.70(b)(1) shall originate at the grounded point of the circuit and extend along with the power conductors and serve as a grounding circuit for the frames, casings, and other metallic enclosures of all circuits and equipment receiving power from that circuit. The grounded point shall be located at the power source. In three (3)-phase, four (4)-wire systems in which the neutral is a power conductor, the neutral shall also be grounded to a low resistance ground field at the service entrance to building or at the utilization locations.

3. Ungrounded Systems. A grounding circuit, consisting of a grounding conductor that meets the requirements of Section 220.70(i) and originating at the grounded case or frame of the power source, shall extend along with the power conductors and serve as the grounding conductor for all metallic casings and other metallic enclosures of electrical equipment and circuits receiving power from that circuit. The grounded case or frame of the power source shall be connected to a low resistance ground field.

c) Grounding method; single-phase system.

Single phase systems shall be grounded in such manner so that the minimum amount of voltage will exist between the ungrounded conductors and earth. A conductor that meets the requirements of Section 220.70(i) shall originate at the grounded point in the circuit and extend along with the power conductors and serve as a grounding medium for the frames of all equipment receiving power from that circuit and such conductor shall also be grounded to a low resistance ground field at the service entrance or utilization points.

d) Grounding methods; direct-current systems.

1. Direct-current systems having one (1) grounded polarity. In direct-current systems having one polarity grounded to a low resistance ground field the grounded feeder wire or track rail shall be approved grounding medium. A grounding circuit meeting the requirements of Section 220.70(f) shall originate at the grounded feeder wire or tract rail and extend along with the power conductors and serve as a grounding conductor for the frames, casing, and metallic enclosures of all circuits and equipment receiving power from that credit.

2. Direct current systems having a grounded neutral point. The grounded neutral point shall be the approved grounding medium. A grounding circuit meeting the requirements of Section 220.70(f) originate at the grounded neutral point and extend along with the power conductors and serve as a grounding conductor for the frames, casings, and metallic enclosures of all circuits and equipment receiving power from that circuit.

3. Ungrounded direct-current circuits. In ungrounded direct-current circuits the grounded frame or casing of the power source shall be the approved grounding medium. In the event the power source is a direct-current generator, the frame of the generator power source is a direct-current generator, the frame of the generator shall be connected to a low resistance ground field. A grounding circuit meeting the requirements of Section 220.70(f) shall originate at the grounded frame or casing of the power source and extend along with the power conductors and serve as a grounding conductor for the frames, casings, and metallic enclosures of all circuits and equipment receiving power from that circuit.

e) Low resistance ground field; interpretation.

1. A low resistance ground field as referred to in Section 220.90 of this Part is interpreted to mean: made electrodes, buried metallic piping system, metal building framework, well or borehole casing, steel piling, and other underground metal structures installed for purpose other than grounding which have a resistance to ground of not more than five (5) OHMS. Grounding fields shall be measured at the time of installation and at least annually thereafter to insure a sufficiently low resistance ground field has been established and is being maintained and such measurements shall be recorded and kept at the installation.

2. An authorized representative of the Department may allow higher resistance to ground values if an investigation has revealed that such greater values of resistance will not pose a hazard to the miners.

f) Grounding wires; capacity.

Where grounding wires are used to ground metallic shielding, armors, conduits, frames, casings, and other metallic enclosures, such grounding wires will be approved if:

1. Where the power conductor used is No. 6 A.W.G., or larger, the cross-sectional area of the grounding wire is at least one-half (½) the cross-sectional area of the power conductor; or

2. Where the power conductor used is less than No. 6 A.W.G., the cross-sectional area of the grounding wire is equal to the cross-sectional area of the power conductor.

g) Protection other than grounding.

Methods other than grounding which provide no less effective protection may be permitted by the Department or its authorized representative. Such methods shall not be used unless so approved.

h) Grounding circuit; criteria.

The grounding circuit for equipment and conductor enclosures shall:

1. Be permanent and continuous;

2. Have ample current-carrying capacity to conduct safely any currents liable to be imposed on it; and

3. Have impedance sufficiently low to facilitate the operation of the ground overcurrent devices in the circuit during fault conditions.

i) Approved grounding conductors.

Any of the following conductors when properly installed shall be acceptable for grounding equipment to the ground field:

1. A properly-sized copper or other corrosion-resistant conductor which meets the requirements of Section 220.70(f);

2. Rigid metal conduit;

3. Electrical metallic tubing; and

4. The structural metal frame of buildings.

j) Use of grounding connectors.

If ground wires are attached to grounded power conductors, separate clamps, suitable for such purpose, shall be used and installed to provide a solid connection.

k) Guy wire; grounding.

Guy wires from poles supporting power lines shall be securely connected to the system ground or be provided with insulators installed near the pole end.

62 Ill. Adm. Code 220.80 Surface High-Voltage Distribution

a) High-voltage circuits; protective devices.

1. Circuit breakers protecting high-voltage circuits supplying power to portable or mobile equipment must:

A) be properly tested and maintained in accordance with this Section;

B) have adequate interrupting capacity for the circuit application as rated by the manufacturer;

C) be equipped with devices for protection against;

i) short circuit,

ii) overload,

iii) grounded phase, and

iv) undervoltage unless protection against undervoltage is provided on board the portable or mobile equipment receiving power from the circuit. A magnetic starter, which opens upon and must be reset manually following a loss of power, satisfies the undervoltage requirement.

2. High-voltage circuits supplying power to stationary equipment must be protected from an overload or short circuit by a circuit breaker or fuses of the correct type and capacity. Circuit breakers must, in addition, on solidly grounded or resistance grounded systems, deenergize the circuit on the occurrence of a phase-to-ground fault.

3. Circuit breakers and fuses must have adequate interrupting capacity rated to clear the short circuit current of the system. All electrical components and devices must be rated for the normal voltage and current of the system.

b) Monthly testing, examination, and maintenance of circuit breakers; procedures; high-voltage.

Circuit breakers and auxiliary devices located on the surface protecting surface or underground circuits, or both, must be examined and tested at least once (1) each month by a person qualified to perform testing and calibration, or qualified to perform electrical work under Section 220.50(e).

1. The examination must include observations of all readily accessible components of the circuit breaker and its auxiliary devices, and the manual activating of any of the auxiliary devices causing circuit breakers to operate. Examination of oil circuit breakers must include visual observation of all external components of the circuit breaker, including excessive oil spillage and/or the oil level of the tank. Repairs or adjustments as are indicated by such tests and examinations must be carried out immediately.

2. Tests must include:

A) Breaking continuity of the ground check conductor where ground check monitoring is used, and

B) Actuating any auxiliary protective relays.

C) Actual system trips during the inspection interval may be used in place of the test specified in subsections (b)(2)(A) and (B) where such actual operations are maintained as part of the records.

3. The operator must maintain written records of each test, examination, repair, or adjustment of all circuit breakers protecting high-voltage circuits. Such records must be kept in a book containing the following information:

A) The name of the person making the inspection;

B) The equipment inspected;

C) The inspected equipment's location;

D) The date of inspection;

E) The problems discovered and their corrections;

F) The signature of the supervisor of the person inspecting the equipment.

c) Annual testing, examination, and maintenance of circuit breakers; procedures; high-voltage.

Circuit breakers and auxiliary devices located on the surface protecting surface or underground circuits, or both, must be tested and calibrated at the time of installation and at least annually thereafter by a person qualified to perform testing and calibration or qualified to perform electrical work under Section 220.50(e).

1. The annual test and examination must include:

A) In resistance grounded systems:

i) Operation of the circuit breaker by passing a sufficient amount of current through the ground fault current sensing circuit to trip the circuit breaker. The ground resistor must be checked for continuity and ohmic value,

ii) If ground check monitoring is used, tripping the circuit breaker by breaking continuity of the ground check conductor, or using the manufacturer's recommended test,

iii) Verifying all current transformer secondary circuits,

iv) Verifying the operation and calibration of all over-current trip devices or relays,

v) Verifying the operation of the circuit breaker trip system, and

vi) Verifying the operation of under-voltage devices where their use is required under subsection (a)(1).

B) In ungrounded and solidly grounded systems:

i) If ground check monitoring is used, tripping the circuit breaker by breaking continuity of the ground check conductor, or using the manufacturer's recommended test,

ii) Verifying the operation of all current transformer secondary circuits,

iii) Verifying the operation and calibration of all over-current trip devices or relays,

iv) Verifying the operation of the circuit breaker trip system, and

v) Verifying the operation of under-voltage devices where their use is required under subsection (a)(1).

2. Repairs, calibrations, or adjustments indicated as necessary by the examination and test required in subsection (c) must be carried out before being returned to service.

3. Calibrations must include adjusting all relays and associated components according to manufacturer's specifications.

4. An authorized representative of the Department may require additional testing or calibration of circuit breakers and auxiliary devices when it is necessary to protect the health, safety and welfare of the miners. Examples of conditions for which the Department may require additional testing or calibration include the finding of any present or repeated dangerous conditions or malfunctions, incomplete or inadequate recordkeeping, or any indication that procedures have not been followed.

5. The operator must maintain written records of each test, examination, repair, or adjustment of all circuit breakers protecting high-voltage circuits. Such records must be kept in a book containing the following information:

A) The name of the person making the inspection;

B) The equipment inspected;

C) The inspected equipment's location;

D) The date of inspection;

E) The problems discovered and their corrections;

F) The signature of the supervisor of the person inspecting the equipment.

d) Grounding resistors.

The grounding resistor, where required must be of the proper ohmic value to limit the voltage drop in the grounding circuit external to the resistor to not more than one hundred (100) volts under ground fault conditions. The grounding resistor shall be rated for maximum fault current continuously and insulated from ground for a voltage equal to the phase-to-phase voltage of the system.

e) Grounding resistors; continuous current rating.

The ground fault current rating of grounding resistors must meet the "extended time rating" set forth in Institute of Electrical and Electronics Engineers, Inc., 345 E. Forty-Seventh Street, New York City, New York 10017, Standard No. 32 (1972, reaffirmed in 1984) (The reference does not include any later amendments or editions.)

f) Protection of high-voltage circuits; neutral grounding resistors.

1. High-voltage circuits supplying portable or mobile equipment must contain either a direct or derived neutral which must be grounded through an extended time grounding resistor at the source transformers.

2. A grounding circuit, originating at the grounded side of the grounding resistor, must extend along with the power conductors and serve as a grounding conductor for the frames of all high-voltage equipment supplied power from that circuit.

3. The grounding circuit conductor must conform to Section 220.70(c).

4. High-voltage stationary equipment may be served from impedance grounded, solidly grounded or ungrounded systems.

5. Grounding transformers, where used to derive a neutral, must:

A) be rated for continuous phase-to-ground fault current operation; and

B) be located at the transformers supplying power to the circuit.

g) High-voltage cables; minimum design requirements.

1. Cables used in high-voltage systems must be equipped with metallic shielding around each power conductor with one (1) or more grounding conductors having a total cross-sectional area of not less than one-half (½) the power conductor. The metallic shielding must completely enclose each individual conductor or must meet the requirements for shielding set forth in Standard WC8 of the Insulated Cable Engineers Association-National Electrical Manufacturers' Association, 2101 L. Street, N.W., Washington, D.C. 20037 for type SH or SHD portable power cables (The reference to Standard WC8 is as revised July 1987 and does not include any later revisions or amendments). Cables used as trailing cables must contain an insulated conductor for the ground continuity check circuit if the circuit requires a conductor.

2. All high-voltage cables must be rated for the intended current and voltage. Splices made in such cables must provide continuity of all components and must meet the requirements of Section 220.60(e).

h) Cable couplers and connection boxes; minimum design requirements.

1. Cable couplers; requirements.

A) Couplers that are used in medium or high-voltage power circuits must be of the three (3)-phase type and enclosed in a full metallic shell.

B) Cable couplers must be rated for the intended current and voltage.

C) The metallic shell of cable couplers must be grounded to the grounding conductor in the cable.

D) Couplers must be constructed in such manner so that the ground check monitoring conductor when required will break first and the grounding conductor will break last when being uncoupled.

2. Connection Boxes

A) Cable connection boxes must be designed and constructed to guard all energized parts from personal contact.

B) The box lid/plate/ door must be interlocked so that the circuit will be deenergized when opened.

C) The current-carrying parts must be deenergized and discharged before performing any work inside such boxes, unless the particular load carrying cable is in an isolated compartment from the rest of the connection box. In this case, only the load carrying cable need be deenergized to be worked on or removed. While deenergizing and discharging the box, protective gloves must be worn.

i) Connection of single-phase loads.

Single-phase loads must be connected phase-to-phase in resistance grounded systems.

j) Installation of high-voltage transmission cables.

High-voltage transmission cables must be installed or placed so as to afford protection against damage. They must be placed to prevent contact with low-voltage or communication circuits.

k) High-voltage power lines; clearances above ground.

High-voltage power lines located above driveways, haulageways, and railroad tracks must be installed so as to provide the minimum vertical clearance as specified in Rule 232 of the National Electrical Safety Code published by the Institute of Electrical and Electronics Engineers, Inc., 345 E. 47th Street, New York, New York 10017 (1981). (The reference does not include any later amendments or editions.); provided, however, that in no event shall any high-voltage power line be installed less than fifteen (15) feet above ground, walkways, or working areas.

l) Booms and masts; minimum distance from high-voltage lines.

The booms and masts of equipment operated on the surface of any coal mine must not be operated within ten (10) feet of an energized overhead powerline. Where the voltage of overhead powerlines is sixty-nine thousand (69,000) volts, or more, the minimum distance from the boom or mast must be as follows:

Nominal Powerline Voltage

(In 1,000 volts)

Minimum Distance

Feet

69-114

12

115-229

15

230-499

25

500 or more

35

m) Movement of equipment: minimum distance from high-voltage lines.

When any part of any equipment operated on the surface of any coal mine is required to pass under or by any energized high-voltage power line and the clearance between such equipment and powerline is less than that specified in subsection (l) for booms and masts, such power lines must be deenergized or other precautions must be taken.

n) Operating of rear dump trucks under powerlines.

In cases where dump trucks are operated under powerlines, the minimum vertical clearance that must be maintained over dumping areas, must be five (5) feet more than the maximum height of the truck bed measured with the truck bed in the extreme raised position.

o) Disconnecting devices.

Disconnecting devices must be installed at the beginning of each branch line in high-voltage circuits, except disconnecting devices in high-voltage transmission lines, which must be accessible and located as near as practicable to the entrance to the high-voltage stationary installations supplied from the overhead powerlines, and must be equipped or designed in such manner that it can be determined by visual observation that the circuit is deenergized when such devices are open.

p) Identification of circuit breakers and disconnecting switches.

Circuit breakers and disconnecting switches must be labeled to show which units they control, unless identification can be made readily by location.

q) High-voltage equipment grounding.

Low resistance ground fields used in high-voltage systems serving portable or mobile equipment must be separated from the other ground fields by twenty-five (25) feet or more.

r) Movement of portable substation and transformers.

Portable substations, transformers, and high-voltage switch gear must be deenergized before they are moved from one location to another, and must be examined by a qualified person under Section 220.50(e) to assure safe operating condition prior to reenergization.

s) Performing work in proximity to energized high-voltage circuits.

Work must not be performed within four (4) feet of any exposed energized high-voltage conductor unless the provisions of subsections (v) through (dd) have been complied with, with respect to guarding of all energized conductors; except that, a person qualified under Section 220.50(e) and wearing protective lineman's gloves rated for the phase-to-phase voltage of the system, may disconnect and connect conductors to the load side of opened fused cutouts or disconnecting switches.

t) Work on high-voltage line; deenergizing and grounding.

High-voltage lines must be deenergized and grounded before work is performed on them, except that repairs may be permitted on energized high-voltage line if:

1. Such repairs are made by a qualified person under subsection (ff) in accordance with procedures and safeguards set forth in subsection (u) through (dd) as applicable; and

2. The operator has tested and properly maintained the protective devices necessary in making such repairs.

u) Work on high-voltage line.

1. A high-voltage line is not regarded as deenergized for the purpose of performing work on it, until it has been determined by a qualified person under subsection (ff) that such high-voltage line has been deenergized and grounded. Such qualified person must by visual observation:

A) Determine that the disconnecting devices on the high-voltage circuit are in open position; and

B) Insure that each ungrounded conductor of the high-voltage circuit upon which work is to be done is properly connected to the system grounding medium. In the case of resistance grounded or solid wye-connected systems, the neutral wire is the system grounding medium. In the case of an ungrounded power system, either the steel armor or conduit enclosing the system or a surface grounding field is a system grounding medium.

2. Work must not be performed on any high-voltage line which is supported by any pole or structure which also supports other high-voltage lines until:

A) All lines supported on the pole structure are deenergized and grounded in accordance with all of the provisions of this Part which apply to the repair of deenergized surface high-voltage lines; or

B) The provisions of subsections (v) through (dd) have been complied with, with respect to the energized lines which are supported on the pole or structure.

3. Work must not be performed on energized surface high-voltage lines except in accordance with the provisions of subsection (u) through (dd) inclusive.

v) Repairs to energized high-voltage lines.

An energized high-voltage line may be repaired only when:

1. The operator has determined that:

A) Such repairs cannot be scheduled during a period when the power circuit could be properly deenergized and grounded;

B) Such repairs will be performed on power circuits with a phase-to-phase nominal voltage no greater than fifteen thousand (15,000) volts;

C) Such repairs on circuits with a phase-to-phase nominal voltage of five thousand (5,000) volts or more will be performed only with the use of live line tools; and

D) Weather conditions will not interfere with such repairs or expose those persons assigned to such work to an imminent danger.

2. The operator has designated a qualified person under subsection (ff) as the person responsible for carrying out such repairs and such person, in order to insure protection for himself and other qualified persons assigned to perform such repairs from the hazards of such repairs, has prepared and filed with the operator:

A) A general description of the nature and location of the damage or defect to be repaired;

B) The general plan to be followed in making such repairs;

C) A statement that a briefing of all qualified persons assigned to make such repairs was conducted informing them of the general plan, their individual assignments, and the dangers inherent in such assignments;

D) A list of the proper protective equipment and clothing that will be provided; and

E) Such other information as the person designated by the operator feels necessary to describe properly the means or methods to be employed in such repairs.

3. Work performed on power lines energized at more than fifteen thousand (15,000) volts must be done in accordance with a plan submitted to and approved by the State Mine Inspector.

w) Work on energized high-voltage surface line; reporting.

Any operator designating and assigning qualified persons to perform repairs on energized high-voltage surface lines under the provisions of subsection (v) must maintain a record of such repairs. Such record must contain a notation of the time, date, location, and general nature of the repairs made, together with a copy of the information filed with the operator by the qualified person designated as responsible for performing such repairs.

x) Simultaneous repairs.

When two (2) or more persons are working on an energized high-voltage surface line simultaneously, and any one of them is within reach of another, such person must not be allowed to work on different phases or on equipment with different potentials.

y) Installation of protective equipment.

1. Before repair work on energized high-voltage surface lines is begun, protective equipment must be used to cover all bare conductors, ground wires, guys, telephone lines, and other attachments in proximity to the area of planned repairs. Such protective equipment must be installed from a safe position below the conductors or other apparatus being covered. Each rubber protective device employed in making repairs must have a dielectric strength of twenty thousand (20,000) volts or more and must comply with the provisions of the American Society for Testing and Materials (ASTM) 655 Fifteenth Street N.W.; Washington, D.C. 20005 as follows:

ITEM

ASTM STANDARD

DATE OF ADOPTION

Rubber Insulating gloves

D120-87

July 31, 1987

Rubber matting for use around electrical apparatus

D178-88

Nov. 29, 1987

Feb. 26, 1988

Rubber insulating blankets

D1048-88

Feb. 26, 1988

Rubber insulating hoods

D1049-83

June 24, 1983

Rubber insulating line hose

D1050-85

August 30, 1985

Rubber insulating sleeves

D1051-87

July 31, 1987

AGENCY NOTE: The standards do not include any later amendments or editions.

2. Protective equipment of material other than rubber must provide equal or better electrical and mechanical protection.

3. Only live line tool poles having a manufacturer's certification to withstand the following minimum tests shall be used:

A) One hundred thousand (100,000) volts per foot of length for five (5) minutes when the tool is made of fiberglass;

B) Seventy-five thousand (75,000) volts per foot of length for three (3) minutes when the tool is made of wood; or

4. Measuring tapes or measuring ropes containing metal must not be used when working on or near energized parts.

z) Protective clothing; use and inspection.

1. All persons performing work on energized high-voltage surface lines must wear protective rubber linemen's gloves, sleeves, and climber guards if climbers are worn. Protective rubber gloves must not be worn wrong side out or without protective leather gloves. Protective devices worn by a person assigned to perform repairs on high-voltage surface lines must be worn continuously from the time he leaves the ground until he returns to the ground and such person must visually inspect the equipment assigned him for defects before each use.

2. All rubber protective equipment used for work on energized high-voltage surface lines must be electrically tested in accordance with the American National Standards Institute and the American Society for Testing and Materials Standards (ASTM), 655 Fifteenth Street N.W.; Washington, D.C. 20005 as follows:

ITEM

ASTM STANDARD

DATE OF ADOPTION

Rubber Insulating gloves

D120-87

July 31, 1987

Rubber insulating blankets

D1048-88

Feb. 26, 1988

Rubber insulating hoods

D1049-83

June 24, 1983

Rubber insulating line hose

D1050-85

August 30, 1985

Rubber insulating sleeves

D1051-87

July 31, 1987

AGENCY NOTE: The references do not include any later editions or references.

aa) Protective equipment; inspection.

Each person must visually inspect protective equipment and clothing provided him in connection with work on high-voltage surface lines before using such equipment and clothing and any equipment or clothing containing any defect or damage must be discarded and replaced with proper protective equipment or clothing prior to the performance of any electrical work on such lines.

bb) Protective equipment; testing and storage.

1. All rubber protective equipment used on work on energized high-voltage surface lines must be electrically tested by the operator in accordance with subsection (z)(2) and such testing must be conducted in accordance with the following schedule:

A) Rubber gloves, once each month(except that gloves previously tested under Section 220.80(z)(2) that are not in use and have been kept in a storeroom or warehouse may be treated the same as new gloves);

B) Rubber sleeves, once every three (3) months;

C) Rubber blankets, once every six (6) months;

D) Insulator hoods and line hose, once a year;

E) Aerial lift arm current test, before each use; and

F) Other electric protective equipment, once a year.

2. Rubber gloves must not be stored wrong side out.

3. Blankets must be rolled when not in use, line hose and insulator hoods must be stored in their natural position and shape.

cc) Operating disconnecting or cutout switches.

Disconnecting or cutout switches on energized high-voltage surface lines must be operated only with insulated sticks, fuse tongs, or pullers which are adequately insulated and maintained to protect the operator from the voltage to which he is exposed. When such switches are operated from the ground, the person using such devices must wear protective rubber lineman's gloves except where switches are bonded to a metal mat as provided in subsection (t).

dd) Tying into energized high-voltage surface circuits.

If the work of forming an additional circuit by tying into an energized high-voltage surface line is performed from the ground any person performing such work must wear and employ all the protective equipment and clothing required and tested under the provisions of subsections (z), (aa), and(bb). In addition, the insulated stick used by such person must have been designed for such purpose and must be adequately insulated and be maintained to protect such person from the voltage to which he is exposed.

ee) Use of grounded messenger wires; ungrounded systems.

Solely for purposes of grounding ungrounded high-voltage power systems, grounded messenger wires used to suspend the cable of such systems may be used as a grounding medium.

ff) Repair of energized surface high-voltage line; qualified person.

An individual is a qualified person for the purpose of repairing energized surface high-voltage lines, under subsections (t) through (ee) only if such person:

1. has had at least two (2) years experience in electrical maintenance, and

2. has had at least two (2) years experience in the repair of energized high-voltage lines located on poles and structures.

History

• Source: Amended at 13 Ill. Reg. 5955, effective April 18, 1989

62 Ill. Adm. Code 220.90 Low and Medium-Voltage Alternating Current Circuits

a) Low-voltage and medium-voltage circuits serving portable, mobile and stationary, three (3)-phase alternating-current equipment; protective devices.

1. Low and medium-voltage circuits supplying power to portable or mobile three (3)-phase alternating-current equipment shall be protected by suitable circuit breakers of adequate interrupting capacity, which are properly tested and maintained and equipped with devices to provide protection against grounded phase, short circuit, and overload.

2. Low and medium-voltage circuits supplying power to stationary equipment shall be deenergized with the occurrence of an overload or, short circuit, by a circuit breaker, or fuses of the correct type and capacity. Such devices shall, in addition, on solidly grounded or resistance grounded systems deenergize the circuit on the occurrence of a phase-to-ground fault. Ungrounded low and medium-voltage circuits supplying power to stationary equipment shall be provided with ground detectors to indicate visually the presence of a grounded on any phase. Other no less effective devices may be approved by an authorized representative of the Department.

b) Testing, examination, and maintenance of circuit breaker; procedures.

1. Circuit breakers and their auxiliary devices shall be tested and examined at least once each month by a qualified person.

2. In performing such tests, the circuit breaker auxiliaries or control circuits shall be actuated in any manner which causes the circuit breaker to open. In the absence of auxiliaries or control circuits, the breaker will be operated manually. All components of the circuit breaker and its auxiliary devices shall be visually examined and such repairs or adjustments as are indicated by such tests and examinations shall be carried out immediately.

c) Testing, examination, and maintenance of circuit breakers; record.

The operator shall maintain a written record of each test, examination, repair, or adjustment of all circuit breakers protecting low and medium-voltage circuits serving three (3)-phase alternating-current equipment and such record shall be kept in an approved book.

d) Low-voltage and medium-voltage three (3)-phase circuits; system grounding.

1. Low-voltage and medium-voltage circuits supplying power to portable or mobile three (3)-phase alternating-current equipment shall contain:

A) Either a direct or derived neutral grounded through a suitable resistor as the power source; or

B) A grounding circuit originating at the grounded side of the grounding resistor which extends along with the power conductors and serves as a grounding conductor for the frames of all the electric equipment supplied power from the circuit.

2. Grounding resistors shall be connected to a low resistance ground field, and shall be of an CHMIC value which limits the ground fault current to no more than twenty-five (25) amperes. Such grounding resistors shall be rated for maximum fault current continuously and provide insulation from ground for a voltage equal to the phase-to-phase voltage of the system.

e) Grounding resistors; continuous current-rating.

The ground fault current rating of grounding resistors shall meet the "extended time rating" set forth in American Institute of Electrical Engineers Standard No. 32.

f) Low-voltage and medium-voltage ground check circuits.

Present technology does not provide for a fail safe ground monitor system. In the event such technology becomes available, The Mining Board has the authority to adopt rules requiring such systems.

g) Systems grounding.

Three (3)-phase low-voltage and medium-voltage circuits of more than two hundred forty (240) volts phase-to-phase extending to stationary equipment shall be grounded in one of following ways:

1. Solidly grounded through a direct or derived neutral;

2. Contain a direct or derived neutral grounded through a suitable resistor located at the power source; or

3. Ungrounded Delta.

h) Disconnecting devices.

Disconnecting devices shall be installed at the beginning of each branch line supplying power to each piece of portable or mobile equipment and shall provide visual evidence that the power is disconnected.

i) Connection of single-phase loads.

Single-phase loads shall be connected phase-to-phase in resistance grounded systems.

j) Qualified person.

An individual is a qualified person within the meaning of this Section 220.90 of this Part, if such person is a qualified person under Section 220.50(e) of this Part.

62 Ill. Adm. Code 220.100 Ground Control

a) Highwalls, pits and spoil banks; plans; filing of plan.

1. Each operator shall establish and follow a ground control plan for the safe control of all highwalls, pits and spoil banks which shall be consistent with prudent engineering design and will insure safe working conditions. The mining methods employed by the operator shall be selected to insure highwall and spoil bank stability.

2. The operator shall file a copy of such plan, and revisions thereof, with the Department, shall identify the name and location of the mine, and the name and address of the mine operator.

b) Stripping; loose material.

Loose hazardous material shall be stripped for a safe distance from the top of pit or highwalls, and the loose unconsolidated material shall be sloped to the angle of repose, or barriers, baffle boards, screens, or other devices be provided that afford equivalent protection; or a combination of the preceding be used to assure the safety of the workmen.

c) Box cuts; spoil material placement.

When box cuts are made, necessary precautions shall be taken to minimize the possibility of spoil material rolling into the pit.

d) Benches.

To insure safe operation, the width and height of benches shall be governed by the type of equipment to be used and the operation to be performed.

e) Ground control; inspection and maintenance; general.

1. Highwalls, banks, benches, and terrain sloping into the working areas shall be examined by a certified person at least once each working shift, and additionally after every rain, freeze, or thaw before men work in such areas. The examination of highwalls shall include the checking for cracks which may develop into slides. Such examinations shall be made and recorded in a book supplied by the operator and signed by the person making the examination in ink or indelible pencil. Such books shall be kept in a secure place and shall remain at the mine for a period of three (3) years.

2. Overhanging highwalls and banks shall be taken down and other observed unsafe ground conditions shall be corrected promptly and no persons shall enter the hazardous area except those engaged in making the corrections. Adequate barricades or posting shall be used to keep all other persons out.

3. Men shall examine their working places before starting work and frequently thereafter and any unsafe condition shall be reported immediately to the supervisor.

f) Scaling highwalls; general.

Hazardous areas shall be scaled before any other work is performed in the hazardous area. When scaling of highwalls is necessary to correct conditions that are hazardous to persons in the area, a safe means shall be provided for performing such work.

g) Highwalls; men working.

1. Men, other than those necessary to correct unsafe conditions, shall not work near or under dangerous highwalls or banks.

2. Except as provided in subparagraph (g)(3) of this Section, persons shall not work between equipment and the highwall or spoil bank where the equipment may hinder escape from falls or slides.

3. Special safety precautions shall be taken when persons are required to perform repair work between immobilized equipment and the highwall or spoil bank and such equipment may hinder escape from falls or slides.

4. Should a slide occur, a certified person with knowledge of highwalls, will examine the area of the slide for danger of more slides, and no person will work in the area until the examination is complete and declared safe by the certified person conducting the examination. Areas on top of highwalls where persons are required to work shall be sufficiently cleared to assure safe working conditions and adequate visibility.

h) Drilling; general.

1. Equipment that is to be used during a shift shall be inspected each shift by a competent person. Equipment defects affecting safety shall be reported.

2. Equipment defects affecting safety shall be corrected before the equipment is used.

i) Relocation of drills; safeguards.

1. When a drill is being moved from one drilling area to another, drill steel, tools, and other equipment shall be secured and the mast placed in a safe position.

2. When a drill helper is used, his location shall be made known to the operator at all times when the drill is being moved.

j) Drill; operation.

1. While in operation, drills shall be attended at all times.

2. Persons shall not drill from positions that hinder their access to the control levers, or from insecure footing or staging or from atop equipment not designed for this purpose.

3. Persons shall not be on a mast while the drill bit is in operation unless a safe platform is provided and safety belts are used.

4. Drill crews and others shall stay clear of augers or drill stems that are in motion. Persons shall not pass under or step over a moving stem or auger.

5. When churn drills or vertical rotary drills are used, drillers shall not be permitted to work under suspended tools, and when collaring holes, inspecting, or during any operation in which tools are removed from the hole, all tools shall be lowered to the ground or platform.

6. Where horizontal holes are drilled in the overburden, a certified person shall make a careful inspection of the face of the highwall before drilling operations begin, and all loose hazardous material shall be removed before other work is done, or the area shall be vacated and posted.

7. In the event of power failure, drill controls shall be placed in the neutral position until the power is restored.

8. Receptacles or racks shall be provided for drill steel stored on drills.

9. Tools and other objects shall not be left loose on the mast or mast platform.

10. Bit wrenches or bit knockers shall be used to remove detachable bits from drill steel.

k) Collaring holes.

1. Starter steels shall be used when collaring holes with hand held drills.

2. Men shall not hold the drill steel while collaring holes or rest their hands on the chuck or centralizer while drilling.

l) Drill holes; guarding.

Drill holes large enough to constitute a hazard shall be covered or guarded.

m) Jackhammers; operation; safeguards.

Men operating or working near jackhammers or jackleg drills, or other drilling machines shall position themselves so that they will not be struck or lose their balance if the drill steel breaks or sticks.

n) Air drills; safeguards.

Air shall be turned off and bled from the air hoses before hand-held air drills are moved from one working area to another.

62 Ill. Adm. Code 220.110 Fire Protection

a) Fire protection; training and organization.

Firefighting facilities and equipment shall be provided commensurate with the potential fire hazards at each structure, enclosure and other facility (including custom coal preparation) at the mine and the employees at such facilities shall be instructed and trained annually in the use of such firefighting facilities and equipment.

b) Escape and evacuation; plan.

1. Each operator of a mine shall establish and keep current a specific escape and evacuation plan to be followed in the event of a fire.

2. All employees shall be instructed on current escape and evacuation plans, fire alarm signals, and applicable procedures to be followed in case of fire.

3. Plans for escape and evacuation shall include the designation and proper maintenance of adequate means for exit from all areas where persons are required to work or travel including buildings and equipment and in areas where persons normally congregate during the work shift.

c) Warning signs; smoking and open flame.

Signs warning against smoking and open flames shall be posted so they can be readily seen in areas or places where fire or explosion hazards exist.

d) Flammable liquids; storage.

1. Flammable liquids shall be stored in accordance with standards of the National Fire Protection Association. Small quantities of flammable liquids drawn from storage shall be kept in properly identified safety cans.

2. Unburied flammable-liquid storage tanks shall be mounted securely on firm foundations. Outlet piping shall be provided with flexible connections or other special fittings to prevent adverse effects from tank settling.

3. Fuel lines shall be equipped with valves to cut off fuel at the source and shall be located and maintained to minimize fire hazards.

4. Areas surrounding flammable-liquid storage tanks and electric substations and transformers shall be kept free from grass (dry), weeds, underbrush, and other combustible materials such as trash, rubbish, leaves and paper, for at least twenty-five (25) feet in all directions.

e) Accumulations of combustible materials.

Combustible materials, grease, lubricants, paints, or flammable liquids shall not be allowed to accumulate where they can create a fire hazard.

f) Internal combustion engines; fueling.

Internal combustion engines, except diesels, shall be shut off and stopped before being fueled.

g) Battery-charging stations; ventilation.

Battery-charging stations shall be located in well ventilated areas. Battery-charging stations shall be equipped with reverse current protection where such stations are connected directly to direct current power systems.

h) Belt conveyors.

Belt conveyors in locations where fire would create a hazard to personnel shall be provided with switches to stop the drive pulley automatically in the event of excessive slippage.

i) Firefighting equipment; requirements; general.

Each operator of a coal mine shall provide an adequate supply of firefighting equipment which is adapted to the size and suitable for use under the conditions present on the surface at the mine.

j) Type and capacity of fire-fighting equipment.

Firefighting equipment required under Section 220.110(i) shall meet the following minimum requirements:

1. Waterlines. Waterlines shall be capable of delivering fifty (50) gallons of water a minute at a nozzle pressure of fifty (50) pounds per square inch. Where storage tanks are used as source of water supply, the tanks shall be of one thousand (1,000) gallon capacity for each one thousand (1,000) tons of coal processed (average) per shift.

2. Fire extinguishers. Fire extinguishers shall be:

A) Of the appropriate type for the particular fire hazard involved;

B) Adequate in number and size for the particular fire hazard involved;

C) Replaced immediately with fully charged extinguishers after any discharge is made from an extinguisher; and

D) Approved by the Underwriter's Laboratories, Inc., or the Factory Mutual Research Corp., or other competent testing agency.

3. Fire hose. Fire hose and couplings shall meet the requirements of the Underwriter's Laboratories', Inc., or Factory Mutual Research Corporation's specification. Cotton or cotton-polyester jacketed hose shall be treated in accordance with the U.S. Department of Agriculture Forest Service Specification 182 for mildew resistance. The water pressure at the hose nozzle shall not be excessively high so as to present a hazard to the nozzle operator.

k) Quantity and location of firefighting equipment.

Preparation plants, dryer plants, tipples, drawoff tunnels, shops, and other surface installations shall be equipped with the following firefighting equipment:

1. Each structure presenting a fire hazard shall be provided with portable fire extinguishers commensurate with the potential fire hazard at the structure in accordance with the recommendations of the National Fire Protection Association.

2. Preparation plants shall be equipped with water lines, with outlet valves on each floor, and with sufficient fire hose to project a water stream to any point in the plant. However, where freezing conditions exist or water is not available, a one hundred twenty-five (125) pound multipurpose dry powder extinguisher may be substituted for the purposes of this paragraph (k)(2) for each two thousand five hundred (2,500) square feet of floor space in a wooden or other flammable structure, or for each five thousand (5,000) square feet of floor space in a metal, concrete-block or other type of non-flammable construction.

A) Mobile equipment, including trucks, front-end loaders, bulldozers, portable welding units, and augers, shall be equipped with at least one (1) portable fire extinguisher.

B) Power shovels, draglines, and other large equipment shall be equipped with at least one (1) portable fire extinguisher; however, additional fire extinguishers may be required by an authorized representative of the Department.

C) Auxiliary equipment such as portable drills, sweepers, and scrapers, when operated more than six hundred (600) feet from equipment required to have portable fire extinguishers, shall be equipped with at least one (1) fire extinguisher.

4. Fire extinguishers shall be provided at permanent electrical installations commensurate with the potential fire hazard at such installation in accordance with the recommendations of the National Fire Protection Association.

5. Two (2) portable fire extinguishers, or the equivalent, shall be provided at each of the following combustible liquid storage installations:

A) Near each above ground or unburied combustible liquid storage station; and

B) Near the transfer pump of each buried combustible liquid storage tank.

6. Vehicles transporting explosives and blasting agents shall be equipped with fire protection as recommended in Code 495, Section 20, National Fire Protection Association Handbook, 12th Edition, 1962.

l) Examination and maintenance of firefighting equipment.

Firefighting equipment shall be maintained in a usable and operative condition. Fire extinguishers shall be examined at least once every six (6) months and the date of such examination shall be recorded on a permanent tag attached to the extinguisher.

m) Welding, cutting, soldering; use of fire extinguisher.

One (1) portable fire extinguisher shall be provided at each location where welding, cutting, or soldering with arc or flame is performed.

n) Welding, cutting, or soldering with arc or flame; safeguards.

1. When welding, cutting, or soldering with arc or flame near combustible materials, suitable precautions shall be taken to insure that smoldering metal or sparks do not result in a fire.

2. Before welding, cutting, or soldering is performed in areas likely to contain methane, an examination for methane shall be made by a qualified person with a device approved for detecting methane. Examinations for methane shall be made immediately before and periodically during welding, cutting, or soldering and such work shall not be permitted to commence or continue in air which contains 1.0 volume per centum or more of methane.

o) Fires used for warming.

Fires used for warming purposes shall be enclosed to prevent persons from coming in contact with flame or coals which would ignite clothing. Oily or easily ignited clothing shall not be worn where ignition hazards are present.

p) Buildings where flammable materials are stored.

Buildings or rooms in which oil, grease, flammable liquids, or similar flammable materials are stored shall be of fire-resistant construction and well ventilated. Provisions shall be made to control spilled flammable liquids.

q) Storage of Combustible Materials.

Materials, such as oily waste and rags, which are subject to spontaneous combustion shall be placed in tightly covered metal containers until disposed of properly.

r) Flammable Solvents; Transportation.

When flammable solvents; are used for cleaning, such solvents shall be transported in labeled safety cans of not over five (5) gallon capacity. When used to clean parts, the containers used shall have tight-fitting covers. No cleaning may be done with flammable solvents near a possible source of ignition.

s) Oxygen cylinders; storage.

Oxygen cylinders shall not be stored near oil or grease storage.

t) Gauges and regulators.

Gauges and regulators used with oxygen or acetylene cylinders shall be kept clean and free of oil and grease.

u) Valves.

Valves on oxygen and acetylene tanks shall be kept closed when they are not in use.

62 Ill. Adm. Code 220.120 Mine Maps

The mine maps required by 30 CFR 77.1200, 77.1201, and 77.1202, shall be maintained at the mine, shall be available for inspection by authorized representatives of the Department and authorized representatives of the miners, and shall be addressed and forwarded to the Department's main office in Springfield.

62 Ill. Adm. Code 220.130 Explosives and Blasting

a) Explosives and blasting.

1. Explosives, blasting agents, detonators, or any other related blasting device or material shall be stored, transported, carried, handled, charged, fired, destroyed, or otherwise used, employed or disposed of by any person at a coal mine in accordance with all applicable provisions of existing federal and state statutes and rules, and as prescribed in the following Sections:

2. The term "explosives" as used in this Part includes blasting agents. The standard in this Part in which the term "explosives" appears are applicable to blasting agents unless blasting agents are expressly excluded.

b) Magazines; location.

In addition to the magazine location provisions contained in existing federal and state statutes and rules, the magazine shall be located outside the blasting area.

c) Magazine; storage.

In addition to storage requirements contained in existing federal and state statutes and rules, the following shall apply:

1. Ammonium nitrate-fuel oil blasting agents shall be separated from explosives, safety fuse, or detonating cord stored in the same magazine and in such a manner that oil does not contaminate the explosives, safety fuse, or detonating cord;

2. Blasting agents may be stored in van-type trailers, provided that they are kept clean, and free of extraneous material that could create a fire hazard;

3. The magazines shall be detached structures located at least fifty (50) feet away from that point or area directly beneath the powerlines;

4. Areas surrounding magazines shall be kept free of rubbish and other combustibles for a distance of not less than twenty-five (25) feet in all directions;

5. The magazine area shall be posted with suitable danger signs which are so located that a bullet passing in the direction of the sign will not strike the magazine;

6. The magazines shall be unheated unless heating can be provided in a manner that does not create a fire or explosion hazard;

7. Cases or boxes containing explosives shall not be stacked more than six (6) feet high; and

8. Cases of explosives shall be stored in such a manner to assure the use of the oldest stock first.

d) Persons authorized to use explosives.

1. Each blasting operation shall be under the direct control person trained and experienced in the handling of explosives.

2. Any person who uses or handles explosives shall be experienced in the handling of explosives; inexperienced persons shall work under the direction of and in the immediate presence of an experienced person.

e) Transport of explosives.

1. Vehicles used to transport explosives, other than blasting agents, shall have substantially constructed bodies, no sparking metal exposed in the cargo space, and shall be equipped with suitable sides and tail gates; explosives shall not be piled higher than the side or end.

2. Vehicles containing explosives shall be maintained in good condition and shall be operated at a safe speed and in accordance with safe operating practices.

3. Vehicles containing explosives shall be posted with appropriate warning signs.

4. Other materials or supplies shall not be placed on or in the cargo space of a conveyance containing explosives, except for properly secured nonsparking equipment used expressly in the handling of such explosives, detonating cord, or detonators.

5. Explosives and detonators shall be transported in separate vehicles unless separated by four (4) inches of substantially fastened hardwood or an equivalent partition.

6. Explosives shall be transported promptly without undue delays in transit.

7. Explosives shall be transported at times and over routes that expose a minimum number of persons.

8. Only the attendants necessary for safe transport shall ride in vehicles containing explosives.

9. Vehicles containing detonators or explosives, other than blasting agents, shall not be left unattended except in the immediate area where loading or charging is in progress.

10. When vehicles containing explosives are parked, the brakes shall be set, the motive power shut off except when in use to discharge the contents of the vehicle, and if parked on a grade the vehicle shall be chocked securely against rolling.

11. Vehicles containing explosives shall not be taken to a repair garage or shop for any purpose.

12. Vehicles used to transport blasting agents to the blasting site shall have substantially constructed bodies with no zinc or copper exposed in the cargo space; where applicable, the vehicle shall be equipped with suitable sides and tailgates and the blasting agent shall not be piled higher than the sides or end enclosures. If an end screw is used to discharge the blasting agents from the vehicle, the conveyor shall be constructed to prevent development of excessive internal pressure and frictional heat in the blasting agent.

13. Caution shall be exercised in the movement of vehicles in the blasting area to avoid driving the vehicle over or dragging hoses over firing lines, detonator wires, explosive materials, or loaded holes.

f) Priming and stemming of explosives.

1. A primer containing an electric detonator or fused cap shall only be made up at the time of charging and as close to the blasting area as conditions allow.

2. A primer containing a detonator shall be prepared to insure the detonator is securely and completely within the explosive column.

3. Detonating cord shall be securely attached to the explosive forming the primer.

4. Adequate priming shall be employed to minimize misfires, toxic fumes, and poor performance.

5. Only nonsparking implements shall be used to punch holes in an explosive cartridge.

6. Tamping poles shall be blunt and squared at one end, and made of wood, nonsparking material, or of acceptable plastic. However, where electric detonators are in use, the tamping pole shall be made of wood. All couplers shall be made on nonsparking material on both tamping machines and poles.

7. No tamping shall be done directly on a primer.

g) Firing of explosive charges.

1. Multiple blasts shall be fired only with instruments designed specifically for initiating electrical detonators, and having adequate capacity for the number of electrical detonators, the resistance of the blasting circuit and the type of blasting circuit used. Dry cell batteries of adequate capacity may be used for the firing of single electrical detonators, if such use has been previously approved by an authorized representative of the Department.

2. The control of the electrical firing device shall be entrusted only to the person authorized to fire the shots or his immediate supervisor.

3. Electric detonators of different manufacturers shall not be used in the same circuit.

4. Lead wires and blasting lines shall not be strung across power conductors, pipelines, railroad tracks or within fifty (50) feet of energized trailing cables or other sources of electrical contact. Twenty-five (25) feet shall be applied as a minimum distance for coal shooting.

5. Electrically powered equipment and trailing cables shall be deenergized if within fifty (50) feet of boreholes containing electrical detonators or blasting circuits, and the power circuits shall not be reenergized until the shots are fired. Twenty-five (25) feet shall be applied as a minimum distance for coal shooting.

6. When instantaneous blasting is performed, trunklines, in multiple-row blasts, shall make one (1) or more complete loops, with crossties between loops at intervals of not over two hundred (200) feet.

7. Except when being tested with a blasting galvanometer:

A) Electric detonators shall be kept shunted until they are being connected to the blasting line or wired into a blasting circuit;

B) Wired rounds shall be kept shunted until they are being connected to the blasting line; and

C) Blasting lines shall be kept shunted until immediately before blasting.

8. Completely wired rounds shall be tested with a blasting galvanometer before connections are made to the blasting line, and prior connection to power source.

9. Blasting lines shall be properly insulated and kept in good repair.

10. Charging of boreholes shall be suspended and men withdrawn from the blasting area to a safe location upon the approach and progress of an electrical storm.

h) Detonating cord.

1. Delay connectors shall be treated and handled with the same safety precautions as detonators.

2. Detonating cord shall not be used if it has been kinked, bent or otherwise handled in such a manner that the train of detonation may be interrupted.

3. The line of detonating cord extending out of a borehole shall be cut from the supply spool after the primer is correctly positioned and the line secured.

4. All detonating cord knots shall be tight and all connections shall be kept at right angles to the trunk lines.

5. Blasting caps shall be crimped to fuses only with implements designed to that specific purpose.

6. When firing from one (1) to fifteen (15) blastholes with safety fuse ignited individually using hand-held lighters, the fuses shall be of such lengths to provide the minimum burning time specified in the following table for a particular size round:

A)

Number of holes in a round

Minimum burning time, minutes

1

2

2-5

2⅔

6-10

3⅓

11-15

5

B) In no case shall any forty (40) second-per-foot safety fuse less than thirty-six (36) inches long or any thirty (30) second-per-foot safety fuse less than forty-eight (48) inches long be used.

7. The burning rate of the safety fuse in use at any time shall be measured, posted in conspicuous locations, and brought to the attention of all men concerned with blasting.

8. Fuse shall not be used if it has been kinked, bent sharply, or handled roughly in such a manner that the train of deflagration may be interrupted.

i) Blasting area.

1. Substantial, non-conductive closed containers shall be used to carry explosives other than blasting agents. All detonators shall be kept in suitable, enclosed (non-conductive) containers prior to the use of such detonators in the work area.

2. Explosives shall be kept separated from detonators until charging is started.

3. Smoking articles, matches, lighters and open flame shall not be used within fifty (50) feet of explosives.

4. During the period when final preparations are being made for firing a blast, only the work activities associated with that operation shall be permitted in the blasting area.

5. Unused explosives, detonators, and related materials shall be moved to a safe location as soon as charging operations are completed.

6. Boreholes shall be stemmed immediately after loading. Whenever possible, shots shall be fired immediately after the borehole is stemmed. If shots are not fired immediately thereafter, the boreholes shall be guarded or otherwise protected as is provided in Section 220.130(i)(7) of this Part.

A) All boreholes drilled for the purpose of blasting overburden shall be identified by number and location and logged daily in a report book kept by a certified person exclusively for these purposes. Daily notations shall be made by the certified person responsible for the report book when shots are fired. In the event a loaded hole is not fired within twenty-one (21) days after its borehole is stemmed, such holes shall be platted on a map retained by the certified person responsible for the daily report book, which map shall be retained until all such shots are fired.

B) Where there exists a loaded hole or holes which have not been fired, prior to the beginning of each working shift and examination of such holes shall be conducted and a report made, and such report shall be countersigned by the certified person responsible for the overall supervision of the mine.

7. In blast areas where final preparations are being made and holes are awaiting firing, the areas shall be guarded or barricaded and posted, or flagged against unauthorized entry.

8. Ample warning shall be given before blasts are fired. All persons shall be removed from the blast area.

9. Overburden blasting shall be conducted during daylight hours unless special permission is obtained from an authorized representative of the Department. Extra precautions shall be taken when shooting after dark. This requirement does not apply to shaft and slope sinking operations, or coal shooting.

10. The blasting area shall not be reentered after firing of the charges until the concentrations of smoke, dust, or fumes have reached safe limits.

11. For the protection of underground workers, special precautions shall be taken when blasting in close proximity to underground operations, and no blasting shall be done that would be hazardous to persons working underground.

j) Misfires and damaged explosives.

1. Damaged or deteriorated explosives shall be destroyed in a safe manner under the supervision or instructions of the explosives manufacturer.

2. Misfires shall be reported to the supervisor in direct control of the blasting operations (See Section 220.130(d)(1) above), and shall be disposed of safely before any other work is performed in the blasting area.

3. No person shall return to a misfired hole for at least fifteen (15) minutes.

4. If explosives are suspected of burning in a hole, all persons in the blast area shall move to a safe location and no one shall return to the hole for at least one (1) hour until the danger has passed.

5. Blasted areas shall be examined for undetonated explosives after each blast and undetonated explosives found shall be destroyed and disposed of in accordance with this Part.

6. Holes shall not be drilled where there is danger of intersecting a charged or misfired hole.

7. Electric blasting shall be prohibited in the vicinity of operating radio frequency (rf) transmitters except within clearances as published in the Institute of Makers of Explosives, Publication No. 20, March 1971, "Safety Guide for the Prevention of Radio Frequency Radiation Hazards in the Use of Electric Blasting Caps".

8. Radio transmission shall be prohibited within fifty (50) feet of charged holes when blasting electrically and appropriate warning signs shall be posted.

9. Blast holes in "hot-hole" areas and holes that have been sprung shall not be charged before tests have been made to insure that the heat has been dissipated to a safe level.

10. Fuse and igniters shall be stored in a cool, dry place away from oils or grease.

11. Fuse shall be ignited with hot-wire lighters, lead spitters, igniter cord, or other such devices designed for this purpose.

12. Fuse shall not be ignited before the primer and the entire charge is securely in place.

k) Blasting agents; special provisions.

1. Ammonium nitrate and the components used for the sensitizing thereof shall be stored and used in accordance with the recommendations contained in the Bureau of Mine Information Circular 8179, "Safety Recommendation for Sensitized Ammonium Nitrate Blasting Agents-1963".

2. Where pneumatic loading is employed, before any type of blasting operation using blasting agents is put into effect, an evaluation of the potential hazard of static electricity shall be taken to eliminate the hazard of static electricity before blasting agent use is commenced.

3. Pneumatic loading equipment shall not be grounded to waterlines, airlines, rails, or the permanent electrical grounding systems.

4. Hoses used in connection with pneumatic loading machines shall be of the semiconductive type, having a total resistance low enough to permit the dissipation of static electricity and high enough to limit the flow of stray electric currents to a safe level. Wirecountered hose shall not be used.

62 Ill. Adm. Code 220.140 Man Hoisting

a) Man hoists and elevators.

The standards set forth in this Section, apply only to those hoists, elevators, and cable operated cranes, together with their appurtenances, that are used for hoisting men.

b) Automatic controls and brakes.

Hoists and elevators shall be equipped with overspeed, overwind, and automatic stop controls, and with brakes capable of stopping the hoist or elevator when fully loaded.

c) Rated capacity.

Hoists and elevators shall have rated capacities consistent with the loads handled and the recommended safety factors of the ropes and cables used.

d) Ropes and cables; specifications.

The American National Standards Institute "Specifications for the Use of Wire Ropes for Mines", M 11.1-1960, or the latest revision thereof, shall be used as a guide in the use, selection, installation, and maintenance of wire ropes used for hoisting.

e) Maximum load; posting.

The operator shall designate the maximum number of men permitted to ride on each hoists or elevator at one time. This limit shall be posted on each hoist and elevator and on each landing.

f) Inspection and maintenance.

1. Procedures shall be adopted for the uniform daily inspection of all electric hoists, cages, guides, and other equipment associated with the hoisting and lowering of men. Such examinations shall include, but not be limited to, the following:

A) A visual examination of the rope for wear, broken wires, and corrosion, especially at excessive strain points;

B) An examination of the rope fastenings for defects;

C) An examination of the elevator for loose, missing, or defective parts;

D) An examination of sheaves for broken flanges, defective bearings, rope alignment, and proper lubrication; and

E) An examination of the automatic controls and brakes required under Section 220.140(b).

2. A report of the daily examinations shall be signed by the person making such examination and the report shall be signed or countersigned by any of the persons listed in Section 220.170(o)(4).

3. Empty conveyances shall be operated at least one (1) round trip before hoisting men after any repairs.

4. Alterations or changes in a hoist or elevator which might affect its rated capacity shall be made only with the approval of an authorized representative of the Department.

5. The ropes and cables of hoists and elevators shall be kept well lubricated from end to end as recommended by the manufacturer.

g) Hoists and cranes; operations.

Hoists and cranes shall be under the control and operated by an experienced operator when persons are being transported, except for automatically operated equipment.

History

• Source: Amended at 4 Ill. Reg. 48, p. 220, effective December 17, 1980

62 Ill. Adm. Code 220.150 Auger Mining

a) Auger mining; planning.

Auger mining shall be planned and conducted by the operator to insure against any hazard to underground workings or future underground workings located at or near such auger operations and all auger holes shall be located so as to prevent:

1. The disruption of the ventilation system of any active underground mine;

2. Inundation hazards from surface water entering any active underground mine;

3. Damage to the roof and ribs of active underground workings; and

4. Intersection of auger holes with underground mine workings known to contain dangerous quantities of impounded water.

b) Auger mining; inspection.

1. The face of all highwalls, to a distance of fifty (50) feet on both sides of each drilling site, shall be inspected by a certified person before any augering operation is begun, and at least once (1) during each coal producing shift and all loose hazardous material shall be removed from the drilling site before persons are permitted to enter the drilling area. The results of all such inspections shall be recorded daily in an approved book.

2. In addition, the face of all highwalls, to a distance of fifty (50) feet on both sides of each drilling site, shall be inspected frequently by a certified person during any auger operation conducted either during or after a heavy rainfall or during any period of intermittent freezing and thawing, and the results of such inspections shall be recorded as provided in paragraph (b)(1) of this Section.

3. When an auger hole penetrates an abandoned or mined out area of an underground mine, tests for methane and oxygen deficiency shall be made at the collar of the hole by a qualified person using an approved device to determine if dangerous quantities of methane or oxygen-deficient air are present or being emitted. If methane or oxygen-deficient air is found, no further work shall be performed until the atmosphere has been made safe.

4. Tests for oxygen deficiency shall be conducted with a permissible flame safety lamp or other approved means and all tests for methane shall be conducted with an approved methane detector.

5. Internal combustion engines shall not be operated in the vicinity of any auger hole in which tests for methane or oxygen deficiency are being made.

c) Auger holes; restriction against entering.

No person shall be permitted to enter an auger hole except with the approval of an authorized representative of the Department, which representative has inspected such hole and has determined that it is safe for entering.

d) Augering equipment; overhead protection.

1. Auger machines which are exposed to highwall hazards together with all those parts of any coal elevating conveyors where persons are required to work during augering operation, shall be covered with heavy gauge screen which does not obstruct the view of the highwall and is strong enough to prevent injuries to workmen from falling material.

2. No work shall be done under any overhang and when a crew is engaged in connecting or disconnecting auger sections under a highwall, at least one (1) person shall be assigned to observe the highwall for possible movement.

e) Auger equipment; operation.

1. Persons shall be kept clear of the auger train while it is in motion and shall not be permitted to pass under or over an auger train, except where adequate crossing facilities are provided.

2. Persons shall be kept clear of auger sections being swung into position.

3. No person, including the auger machine operator, shall, where practicable, be stationed in direct line with a borehole during augering operations.

4. Operators of auger equipment shall not leave the controls of such equipment while the auger is in operation.

5. Adequate illumination shall be provided for work areas after dark.

f) Auger holes; blocking.

Auger holes shall be blocked with highwall spoil or other suitable material before they are abandoned.

g) Highwall; vicinity of augering equipment.

No work shall be done on the highwall in the vicinity of augering equipment while it is in operation.

h) Maps.

1. Two (2) or more adjacent mines shall not be intersected without the express approval of the Mining Board. If two (2) or more companies make such a request for approval of such a project, a plan for intersecting such mines shall be submitted to the Mining Board for approval. Such plan shall specify the reasons for the proposed intersection, and shall include information regarding the following:

A) Whether the mines proposed to be intersected are surface, shaft or auger mines;

B) Whether there is any water impounded at the affected existing mines;

C) Whether the mines are abandoned; and

D) Whether any reclamation has been performed at the affected mines, and the year in which such reclamation was performed.

2. The conditions of any underground mine being intersected by auger mining shall be noted in the request. If there is water in the abandoned underground mine, a clear proposal shall be made for how water or gases will be controlled both before and after the proposed intersecting operations are to be done, and accurate maps of same shall be furnished to the Department when submitting requests for mining into active mines. All applicable federal and state statutes and rules shall be complied with. The District State Mine Inspector shall be notified and be present when the initial intersecting with underground mines is performed, and may stop the auger at any time that hazards are noted by him.

3. Auger mining shall not be done any nearer than fifty (50) feet to the boundary of an active underground mine, unless the work is coordinated with the consent of both companies and according to this Part. The proposed plan shall be made showing all preparations made in the underground mine to guard against any changes or interruptions in ventilation.

4. Maps of both the adjoining mines must be submitted to the Department with all requests for intersecting two (2) mines whether they be surface mines or surface and underground mine every six (6) months. Maps must be on the same scale, showing quarter sections, county, township, name of mines involved, a profile drawing and measurements in feet and decimals thereof. The rise and dip of the bottom of the coal seam in both mines. A contour overlay must be included with all requests. Maps must be no smaller than one hundred (100) feet to one (1) inch. Maps must have north plainly marked, must be signed by an engineer registered by the State of Illinois with his or her registration number noted. Maps must show the depth of penetration of auger and size of auger used or proposed to be used.

5. The depth and penetration, directions of auger holes shall be platted on a map showing all adjacent mined areas. This map shall be kept current at the end of each shift by a certified person and made available to the District State Mine Inspector and interested persons.

6. An accurate map of all auger mined areas, showing railroads, highways, and structures which may be affected by mining will be furnished. It shall show all active and abandoned surface mines, all active and abandoned underground mines, and all water impoundments, rivers, and streams. This may be done with a map and an overlay or transparent which must be accurate and on the same scale as the map. All maps must be submitted to the Department every six (6) months by an engineer registered by the State of Illinois with a registration number legibly printed on the legend, which must include a complete description of location of the mining.

62 Ill. Adm. Code 220.160 Loading and Haulage

a) Loading and haulage; general.

1. Only authorized persons shall be permitted on haulage roads and at loading or dumping locations.

2. Traffic rules, signals, and warning signs shall be standardized at each mine and posted.

3. Where side or overhead clearances on any haulage road or at any loading or dumping location at the mine are hazardous to mine workers, such areas shall be conspicuously marked and warning devices shall be installed when necessary to insure the safety of the workers.

4. All active access and haulage roads will be kept in safe condition, reasonably free of holes, mud, snow, ice, and other dangerous conditions.

5. All two (2)-way haulage roads will be constructed so they will have a running surface a minimum of three (3) times the width of the widest piece of haulage equipment traveling the road, including all ramps and inclines into the pit.

6. When haulage roads cross a road used by the public, two hundred (200) feet of unobstructed vision from the intersection must be maintained for mobile equipment and all other vehicles used by mine personnel. Traffic controls shall be established at the intersection.

7. Where adequate visibility is not provided, and where deemed necessary by a representative of the Department, a signal light shall be installed where a haulage road crosses railroad tracks.

b) Transportation of persons; restrictions.

No person shall be permitted to ride or be otherwise transported on or in the following equipment whether loaded or empty:

1. Dippers, shovels, buckets, forks, and clamshells;

2. The cargo space of dump trucks or haulage equipment used to transport coal or other material;

3. Outside the cabs and beds of mobile equipment;

4. Chain, belt, or bucket conveyors, except where such conveyors are specifically designed to transport persons; and

5. Loaded buckets on aerial tramways.

c) Use of aerial tramways to transport persons.

Persons other than maintenance men shall not ride empty buckets on aerial tramways unless the following features are provided:

1. Two (2) independent brakes, each capable of holding the maximum load;

2. Direct communication between terminals;

3. Power drives with emergency power available in case of primary power failure; and

4. Buckets equipped with positive locks to prevent accidental tripping or dumping.

d) Trains and locomotives; authorized persons.

1. Only authorized persons shall be permitted to ride on trains or locomotives and they shall ride in a safe position.

2. Men shall not get on or off moving equipment, except that trainmen may get on or off of slowly moving trains.

e) Transportation of persons; overcrowding.

1. No man-trip vehicle or other conveyance used to transport persons to and from work areas at surface coal mines shall be overcrowded and all persons shall ride in a safe position.

2. Supplies, materials, and tools other than small handtools shall not be transported with men in man-trip vehicles unless such vehicles are specifically designed to make such transportation safe.

3. Man-trip vehicles shall be provided with adequate heat, ventilation, and maintained so as to provide the best possible protection of the riders.

4. At no time will man-trip vehicles hauling riders exceed forty (40) miles per hour.

5. Each man-trip compartment shall have two (2) separate means of escape.

f) Loading and haulage equipment; installations.

1. Cab windows shall be of safety glass or equivalent, in good condition and shall be kept clean.

2. Mobile equipment shall be equipped with adequate brakes, and all trucks and front-end loaders shall also be equipped with parking brakes.

3. Positive-action type brakes shall be provided on aerial tramways.

4. Mobile equipment shall be provided with audible warning devices. Lights shall be provided on both ends when required.

5. Guard nets or other suitable protection shall be provided where tramways pass over roadways, walkways, or buildings.

6. Guards shall be installed to prevent swaying buckets from hitting towers.

7. Aerial tramway cable connections shall be designed to offer minimum obstruction to the passage of wheels.

8. Rocker-bottom or bottom-dump cars shall be equipped with positive locking devices, or other suitable devices.

9. Ramps and dumps shall be of solid construction, of ample width, have ample clearance and headroom, and be kept reasonably free of spillage.

10. Chute-loading installations shall be designed so that the men pulling chutes are not required to be in a hazardous position during loading operations.

11. Berms or guards shall be provided on the outer bank of elevated roadways.

12. Berms, bumper blocks, safety hooks, or similar means shall be provided to prevent overtravel and overturning at dumping locations.

13. Roadbeds, rails, joints, switches, frogs, and other elements on railroads shall be designed, installed, and maintained in a safe manner consistent with the speed and type of haulage.

14. Where practicable, a minimum of thirty (30) inches continuous clearance from the farthest projection of moving railroad equipment shall be provided on at least one (1) side of the tracks; all places where it is impossible to provide thirty (30) inch clearance shall be marked conspicuously.

15. Track guardrails, lead rails, and frogs shall be protected or blocked so as to prevent a person's foot from becoming wedged.

16. Positive-acting stop-blocks, derail devices, track skates, or other adequate means shall be installed wherever necessary to protect persons from run-a-way or moving railroad equipment.

17. Switch throws shall be installed so as to provide adequate clearance for switchmen.

18. Where necessary, bumper blocks or the equivalent shall be provided at all track dead ends.

19. All coal cars will be inspected for broken steps, platforms, brake wheels and adequate brakes before handled by car droppers or load riders.

20. All railroad beds, rails, ties, joints, switches, frogs, and other elements on a railroad shall be kept clean of spilled coal, mud, weeds, and be provided with good drainage so ties can be visually inspected for decay and visual inspection can be made for loose joints, spikes, and proper gauge.

21. Whenever practical rail cars will be positioned so the brakes are on the back of the cars when men are required to operate hand brakes.

g) Loading and haulage equipment; inspection and maintenance.

1. Mobile loading and haulage equipment shall be inspected by a person competent to conduct such inspections before such equipment is placed in operation. Equipment defects affecting safety shall be recorded and reported to the operator, and such defects shall be repaired. Such records shall be available for inspection by State Mine Inspectors and the authorized representative of the miners.

2. Carriers on aerial tramways, including loading and unloading mechanisms, shall be inspected each shift; brakes shall be inspected daily; ropes and supports shall be inspected as recommended by the manufacturer or as physical conditions warrant. Equipment defects affecting safety shall be reported to the mine operator, and such defects shall be repaired.

3. Equipment defects affecting safety shall be corrected before the equipment is used.

h) Loading and haulage equipment; operation.

1. Vehicles shall follow at a safe distance; passing is prohibited on hills, curves, at intersections, at railroads, in conjested areas, and other areas where clearance and visibility is inadequate.

2. Mobile equipment operators shall have full control of the equipment while it is in motion.

3. Equipment operating speeds shall be prudent and consistent with conditions of roadway, grades, clearance, visibility, traffic, and the type of equipment used.

4. Cabs of mobile equipment shall be kept free of extraneous materials.

5. Operators shall sit facing the direction of travel while operating equipment with dual controls.

6. When an equipment operator is present, men shall notify him before getting on or off equipment.

7. Equipment operators shall be certain, by signal or other means, that all persons are clear before starting or moving equipment.

8. Where possible, aerial tramways shall not be started until the tramway operator has ascertained that everyone is in the clear.

9. Dust control measures shall be taken where dust significantly reduces visibility of equipment operators.

10. Dippers, buckets, loading booms, or heavy suspended loads shall not be swung over the cabs of haulage vehicles until the drivers are out of the cabs and in safe locations, unless the trucks are designed specifically to protect the drivers from falling material.

11. Men shall not work or pass under the buckets or booms of loaders in operation.

12. Electrically powered mobile equipment shall not be left unattended unless the master switch is in the off position, all operating controls are in the neutral position, and the brakes are set or other equivalent precautions are taken against rolling.

13. Mobile equipment shall not be left unattended unless the brakes are set. The wheels shall be turned into a bank or berm, or shall be blocked, when such equipment is parked on a grade.

14. Lights, flares, or other warning devices shall be posted when parked equipment creates a hazard to vehicular traffic.

15. Dippers, buckets, scraper blades, and similar movable parts shall be secured or lowered to the ground when not in use.

16. Shovel trailing cables shall not be moved with the shovel dipper unless cable slings or sleds are used.

17. Equipment which is to be hauled shall be loaded and protected so as to prevent sliding or spillage.

18. When moving between work areas, the equipment shall be secured in the travel position.

19. Any load extending more than four (4) feet beyond the rear of the vehicle body should be marked clearly with a red flag by day and a red light at night.

20. Tow bars shall be used to tow heavy equipment and a safety chain shall be used in conjuction with each tow bar. When heavy equipment is to be towed, the towing vehicle shall be of suitable weight and strength to maintain safe control of the load.

21. Railroad cars shall be kept under control at all times by the car dropper. Cars shall be dropped at a safe rate and in a manner that will insure that the car dropper maintains a safe position while working and traveling around the cars.

22. Railroad cars shall not be coupled or uncoupled manually unless the railroad and cars are so designed to eliminate any hazard from coupling or uncoupling cars. All persons manually applying brakes on moving rail cars shall step to the side ladder of the car before coupling.

23. Persons shall wear safety belts when dropping railroad cars.

24. Railcars shall not be left on sidetracks unless ample clearance is provided for traffic on adjacent tracks.

25. Parked railcars, unless held effectively by brakes, shall be blocked securely.

26. Railroad cars and all trucks shall be trimmed properly when they have been loaded higher than the confines of their cargo space.

27. When the entire length of a conveyor is visible from the starting switch, the operator shall visually check to make certain that all persons are in the clear before starting the conveyor. When the entire length of the conveyor is not visible from the starting switch, a positive audible or visible warning system shall be installed and operated to warn persons that the conveyor will be started. Conveyors shall be locked out or otherwise rendered inoperable and tagged with a "Do Not Operate" tag prior to repairs.

28. Unguarded conveyors with walkways shall be equipped with emergency stop devices or cords along their full length. Conveyor emergency stop switches shall be designed so that a conveyor cannot be started until the activating stop switch has been reset to the running or "on" position. All conveyor controls, including emergency stop devices, shall be distinctly identified.

29. Adequate backstops or brakes shall be installed on inclined conveyor drive units to prevent conveyors from running in reverse if a hazard to personnel would be caused.

30. Aerial tram conveyor buckets shall not be overloaded, and feed shall be regulated to prevent spillage.

31. Cabs of mobile equipment shall be provided with a properly secured extra seat where possible when training people to operate such equipment.

i) Handling, storage and repair of large pneumatic tires 1) Before performing any work on a vehicle requiring removal of the tire and wheel assembly from the axle shaft or removal of any rim components, such as rim clamps or lug nuts, from a wheel equipped with split rims or locking rings, a visual inspection of the tire and rim assembly must be conducted. If any defect, damage or improper seating of the tire or rim components is noted, or if the tire or rim assembly is to be removed from service, the tire must be completely deflated before any removal work is begun.

2. If no defect, damage or improper seating of the tire or rim component is noted and the tire and rim assembly are intended to be kept in service, the following requirements apply depending on the work to be done:

A) if the work to be performed requires the removal of rim components, such as rim clamps or lug nuts, the tire must be deflated to the lowest pressure which will maintain the seal and locking of the tire to the rim in accordance with the manufacturer's specifications before any removal work is begun.

B) if the work to be performed (e.g. brake repair, wheel bearing repair) requires the removal of the tire and wheel assembly, but does not entail removal of rim components such as rim clamps or lug nuts, the tire and wheel assembly is not required to be deflated but must be secured to the conveyance with which it is removed from the vehicle.

3. On any dual tire and wheel assembly, the inspection and deflation requirements must be performed on both wheels before the removal of any rim components from either wheel, but a separately locked inside wheel, unless required to be deflated as a result of the inspection, need not be deflated if only the outside wheel is to be removed.

4. Tires installed on split rims or rims equipped with locking rings that have been removed from vehicles and repaired or replaced shall be protected by a safety tire rack, cage, or equivalent protection while being inflated if inflation is performed off the vehicle. No person shall position himself in front of a tire being inflated on or off the equipment.

5. No tire greater than twenty (20) inches inside diameter and more than twelve (12) ply shall be removed from or remounted on a rim in or about a central mine shop, surface or underground, without the use of mechanical equipment designed to remove tires from rims or to remount tires on the rims.

6. A specific safe isolated area for the operator of tire changing equipment shall be supplied in or about any central mine shop of any surface or underground mine.

7. If tires are dismounted or mounted at central mine shops, surface or underground, the area in which this work is performed shall be isolated from all other work areas in the shop.

8. All persons engaged in inflating tires in central mine shops, surface or underground, shall do so in an area isolated from other workmen, except those workmen performing work on tires.

9. For the purpose of subsections (7) and (8), "isolated" means that the area is situated or barricaded such that persons other than workers performing work on tires are not permitted to enter or be within the potential area of trajectory of any explosive forces which might be released during any work on tires and rim assemblies.

10. When a tire has been removed from a rim assembly and before the tire or rim is returned to service, an inspection of all components must be conducted. Rim flanges, rim gutters, rings, bead seating surfaces and bead areas must be thoroughly cleaned and visually inspected for cracks, bends, and pitting. If any conditions are found that affect the safe use of the rim or rim components, the rim or rim components shall be removed from service. The operator shall make a record of the inspection of each tire and rim assembly which is to be returned to service in a book kept for that purpose. The record shall be signed and include the date of inspection, and an identifying number or other marking which shall also be affixed to and remain on the tire and rim assembly from the time of inspection until installation on a vehicle. If the operator uses an independent contractor for servicing tires and rim assemblies, the operator must verify that the provisions of this Subsection (10) have been complied with prior to entering and signing the record, unless the record is entered and signed by an authorized agent or employee of the independent contractor.

11. Cutting, welding, brazing or heating of any multi-piece rim assembly is prohibited except for the repair or replacement of wheel stops or lugs, and then only with the tire removed from the rim. Cutting, welding, brazing or heating on single-piece rims is permissible subject to the following conditions:

A) the tire must be removed from the rim;

B) the crack or other defect to be welded must not exceed six (6) inches in length;

C) the crack or other defect to be welded must not extend closer than six (6) inches to either of the outersides of the rim;

D) welding must be performed by a person qualified in accordance with the Structural Welding Code - Steel (ANSI/AWS D1.1-90) published by the American Welding Society, 550 N.W. LeJeune Road, P.O. Box 351040, Miami, Florida 33135 (the reference is to the Twelfth edition, effective January 1, 1990 and does not include any later editions or references); and

E) the welded area must be sounded with an ultrasonic testing instrument to determine the adequacy of the weld before the rim is returned to service.

12. There shall be supplied at all tire airing stations a clip-on air chuck with no less than ten (10) feet of air hose from the valve stem to the inflator gauge.

13. No person shall be allowed to inflate tires at any mines from oxygen or acetylene supply tanks.

14. Tires greater than twenty (20) inches inside diameter, if stored lying flat shall be stored to a depth no greater than two tires or five feet. Tires greater than twenty (20) inches inside diameter, if stored upright, must be secured to prevent falling.

j) Dumping facilities.

1. Dumping locations and haulage roads shall be kept reasonably free of water, debris, and spillage.

2. Where the ground at a dumping place may fail to support the weight of a loaded dump truck, trucks shall be dumped a safe distance back from the edge of the bank.

3. Adequate protection shall be provided at dumping locations where persons may be endangered by falling material.

4. Grizzlies, grates, and other sizing devices at dump and transfer points shall be anchored securely in place.

5. Where trucks are backing into dumping or loading position and the operator cannot see openings or edges of coal rib or bench, another person shall be assigned to direct trucks. Lights shall be used at night to help direct the truck operator. A person used to spot trucks shall be well in the clear.

6. When hopper is not being used, proper barricades will be installed to protect anyone from falling or driving into opening.

History

• Source: Amended at 15 Ill. Reg. 1006, effective January 14, 1991

62 Ill. Adm. Code 220.170 Miscellaneous

a) Communication in work areas.

No employee shall be assigned, allowed or required to perform work alone in any area where conditions exist that would endanger his safety unless he can communicate with other, can be heard, or can or will be seen at predetermined intervals.

b) Emergency communications; requirements.

1. Each operator of a surface coal mine shall establish and maintain a communication system from the mine to the nearest point of medical assistance for use in an emergency.

2. The emergency communication system required to be maintained under paragraph (b)(1) of this Section may be established by telephone or radio transmission or by any other means of prompt communication to any facility (for example, the local sheriff, the State Highway Patrol, or local hospital) which has available the means of communication with the person or persons providing emergency medical assistance or transportation in accordance with the provisions of paragraph (b)(1) of this Section.

c) Arrangements for emergency medical assistance and transportation for injured person; reporting requirements; posting requirements.

1. Each operator of a surface coal mine shall make arrangements with a licensed physician, medical service, medical clinic, or hospital to provide twenty-four (24) hour emergency medical assistance for any person injured at the mine.

2. Each operator shall make arrangements with an ambulance service, or otherwise provide for twenty-four (24) hour emergency transportation for any person injured at the mine.

3. Each operator shall, immediately after making an arrangement required under the provisions of paragraphs (b)(1) and (b)(2) of this Section, of immediately after any change, of such agreement, post at appropriate places at the mine the names, titles, addresses, and telephone numbers of all persons or services currently available under such arrangements to provide medical assistance and transportation at the mine.

4. Wherever possible the shortest access route from public roads shall be provided and maintained to and from work areas for the ambulance service.

d) First aid training; supervisory employees.

Each operator of a surface coal mine shall conduct a first aid training course for selected supervisory employees at the mine and report on such training course in writing to the representative of the Department.

e) First aid training program; Availability of instruction to all miners.

Each operator of a surface coal mine shall make available to all miners employed in the mine a course of instruction in first aid conducted by the operator or under the auspices of the operator, and such a course of instruction shall be made available to newly employed miners within six (6) months after the date of employment.

f) First aid training program; retraining of supervisory employees; availability to all miners.

Each operator of a surface coal mine shall conduct refresher first aid training programs each calendar year for all selected supervisory employees and make available refresher first aid training courses to all miners employed in the mine.

g) First aid training program; minimum requirements.

1. All first aid training programs required under the provisions of Sections 220.170(d) and 220.170(e) shall include ten (10) class hours of training in a course of instruction similar to that outlined in "First Aid, a Bureau of Mines Instruction Manual".

2. Refresher first aid training programs required under the provisions of Section 220.170(f) shall include five (5) class hours of refresher training in a course of instruction similar to that outlined "First Aid, a Bureau of Mines Instruction Manual".

h) First aid equipment; location; minimum requirements.

1. Each operator of a surface coal mine shall maintain a supply of the first aid equipment set forth in paragraph (h)(2) of this Section at or near each working place where coal is being mined, at each preparation plant and at shops and other surface installations where ten (10) or more persons are regularly employed.

2. The first aid equipment required to be maintained under the provisons of paragraph (h)(1) of this Section shall include at least the following:

A) One (1) stretcher;

B) One (1) broke-back board (if a splint-stretcher combination is used it will satisfy the requirements of both paragraphs (h)(2)(A) and (h)(2)(B) of this Section);

C) Twenty-four (24) triangular bandages fifteen (15) if a splint-stretcher combination is used;

D) Eight (8) four (4) inch bandage compresses;

E) Eight (8) two (2) inch bandage compresses;

F) Twelve (12) one (1) inch adhesive compresses;

G) An approved burn remedy;

H) Two (2) cloth blankets;

I) One (1) rubber blanket or equivalent substitute;

J) Two (2) tourniquets;

K) One (1) one (1) ounce bottle of aromatic spirits of ammonia or one (1) dozen (12) ammonia ampules; and

L) The necessary compliments of arm and leg splints or two (2) each inflatable plastic arm and leg splints.

3. All first aid supplies required to be maintained under the provisions of paragraphs (h)(1) and (h)(2) of this Section shall be stored in suitable, sanitary, dust tight, moisture proof containers and such supplies shall be accessible to the miners.

i) Safety program; instruction of persons employed at the mine.

Each operator of a surface coal mine shall establish and maintain a program of instruction with respect to the safety regulations and procedures to be followed at the mine and shall publish and distribute to each employee, and post in conspicuous places throughout the mine, all such safety regulations and procedures established in accordance with the provisions of the Section.

j) Safety training; inexperienced employees.

New employees shall be indoctrinated in safety rules and safe work procedures and inexperienced employees shall not be assigned to work duties until they have been trained thoroughly in safe work procedures related to the assigned work duties.

k) Protective clothing; requirements.

Each employee working in a surface coal mine or in the surface work areas of an underground coal mine shall be required to wear protective clothing and devices as indicated below:

1. Protective clothing or equipment and face-shields or goggles shall be worn when welding, cutting, or working with molten metal or when other hazards to the eyes exist;

2. Suitable protective clothing to cover the entire body when handling corrosive or toxic substances or other materials which might cause injury to skin;

3. Protective gloves when handling materials or performing work which might cause injury to the hands; however, gloves shall not be worn where they would create a greater hazard by becoming entangled in the moving parts of equipment;

4. A suitable hard hat or hard cap when in or around a mine or plant. If a hard hat or hard cap is painted, nonmetallic based paint shall be used;

5. Suitable protective footwear;

6. Snug-fitting clothing without loose ends when working around moving machinery or equipment;

7. Safety belts and lines where there is danger of falling; a second person shall tend the lifeline when bins, tanks, or other dangerous areas are entered;

8. Lifejackets or belts where there is danger from falling into water; and

9. Seatbelts in a vehicle where there is a danger of overturning and where roll protection is provided.

l) Distinctively colored hard hats or hard caps; identification for newly employed, inexperienced miners.

Hard hats or hard caps distinctively different in color from those worn by experienced miners shall be worn at all times by each newly employed, inexperienced miner when working in or around a mine or plant for at least one (1) year from the date of his initial employment as a miner.

m) Smoking prohibition.

No person shall smoke or use an open flame where such practice may cause a fire or explosion.

n) Reopening mines; notification; inspection prior to mining.

Prior to reopening any surface coal mine after it has been abandoned or declared inactive by the operator, the operator shall notify the Director. An inspection of the entire mine shall be completed by an authorized representative of the Department before any mining operations in such mine are instituted.

o) Daily inspection of surface coal mine; certified or competent person; reports of inspection.

1. All inspections, examinations, or checks required by these rules, or the statutes of the State of Illinois shall be made by a certified person. At least once during each working shift, or more often if necessary for safety, each active working area and each active surface installation shall be examined by a certified person designated by the operator to conduct such examinations for hazardous conditions. Any hazardous conditions noted during such examinations shall be reported to the operator and shall be corrected by the operator.

2. If any hazardous condition noted during an examination conducted in accordance with paragraph (o)(1) of this Section creates an imminent danger, the person conducting such examination shall notify the operator and the operator shall withdraw all persons from the area affected, except those persons necessary to correct the danger, until the danger is abated.

3. After each examination, inspection, or check conducted in accordance with the provisions of paragraph (o)(1) of this Section, each certified person who conducted all or any part of the examination required shall enter and sign with ink or indelible pencil in an approved book the date and a report of the condition of the mine or any area of the mine which he has inspected together with a report of the nature and location of any hazardous condition found to be present at the mine. The book in which such entries are made shall be kept in an area at the mine designated by the operator to minimize the danger of destruction by fire or other hazard.

4. All examination reports recorded in accordance with the provisions of paragraph (o)(3) of this Section shall include a report of the action taken to abate hazardous conditions and shall be countersigned each day by at least one (1) of the following certified persons:

A) A Surface Mine Foreman;

B) The Assistant Superintendent of the mine;

C) The Superintendent of the mine; or

D) The person designated by the operator as responsible for health and safety at the mine.

p) Major repair work; supervision.

When major repair work is being done, a company supervisor will be present to see and direct the work in a safe manner. The supervisor and the user shall inspect all tools, slings, chains, and other equipment being used to perform the work to see they are in safe working condition and free of safety defects.

q) Marine operations and equipment.

1. All operators shall have sufficient personnel available to conduct water rescue operations when persons are working near water. Such personnel shall be trained in the Standard United States Coast Guard approved water rescue operations, and capable of operating all the rescue equipment required by these, and any other, applicable federal and state statutes and rules.

2. Unless employees can step safely to or from the wharf, float, barge, or river towboat, a safe walkway shall be provided.

3. Decks or other working surfaces shall be maintained in a safe condition.

4. Persons shall not pass fore or aft, over, or around deckloads, unless a safe passage is provided.

5. The employer shall have in the vicinity of the barge at least one (1) U.S. Coast Guard approved thirty (30) inch life ring with not less than ninety (90) feet of line attached, and at least one (1) portable or permanent ladder which will reach from the top of the apron to the surface of the water shall be provided in the vicinity of the barge.

6. Surface of the barge where men work and walk must be clear of snow, ice, or any other substance that might make footing unsafe.

7. In certain situations where the boat pilot cannot see the deck hands or hand, a means of communication must be established.

8. A boat and motor with safety equipment necessary to rescue a person or persons, will be kept in ready condition at all times when mining operations are conducted in or adjacent to navigable waterways.

9. The person assigned by the operator to supervise mining operations conducted in or adjacent to navigable waterways will not permit anyone on the towboat or barges without a U.S. Coast Guard-approved life jacket. Such assigned person will not move the towboat until all persons comply.

r) State mine inspectors; notification of miners' representative prior to inspection and posting of findings and recommendations.

On each visit to a mine, the State Mine Inspector shall notify a representative of the miners that he is there to make an inspection so that the miners' representatives may accompany him if they so desire. Following each inspection, the Inspector shall meet with management and representatives of the miners at the request of either or both of them to discuss his findings and recommendations. His findings and recommendations together with the time provided to comply shall be posted in a conspicuous place following each inspection. The length of time to comply will be based upon the nature and severity of the infraction(s) noted.

History

• Source: Added at 4 Ill. Reg. 48, p. 220, effective December 17, 1980

62 Ill. Adm. Code 220.180 Trolley Wires and Trolley Feeder Wires

a) Cutout switches.

Trolley wires and trolley feeder wires, shall be provided with cutout switches at intervals of not more than two thousand (2,000) feet and near the beginning of all branch lines.

b) Overcurrent protection.

Trolley wires and trolley feeder wires shall be provided with overcurrent protection.

c) Devices for overcurrent protection.

Automatic circuit interrupting devices that will deenergize the affected circuit upon occurrence of a short circuit at any point in the system will meet the requirements of Section 220.180(b).

d) Insulation of trolley wires, wires; guarding of trolley wires and trolley feeder wires, and bare signal trolley feeder wires.

1. Trolley wires, trolley feeder wires, and bare signal wires shall be adequately guarded:

A) At all points where men are required to work or pass regularly under the wires; and

B) At man-trip stations.

2. The authorized representative of the Department shall specify other conditions where trolley wires and trolley feeder wires shall be adequately protected to prevent contact by any person, or shall require the use of improved methods to prevent such contact. Temporary guards shall be provided where trackmen and other persons are required to work in proximity to trolley wires and trolley feeder wires.

62 Ill. Adm. Code 220.190 Slope and Shaft Sinking

a) Slopes and Shafts; approval of plans.

Each operator of a coal mine shall comply with Subpart T, Section 77.1900 of the Code of Federal Regulations, Title 30-Mineral Resources, and any amendments, additions, and alterations which may be made with respect to any Section of such subpart at any time subsequent to the filing of these Surface Installation Health and Safety Rules (62 Ill. Adm. Code 220), in preparing any slope and shaft sinking plan, and a copy of such approved plan shall be furnished to the Illinois Department of Natural Resources (Department) for the approval of the Mining Board.

b) Compliance with approved slope and shaft sinking plans.

Upon approval by the Mining Board of a slope or shaft sinking plan, the operator shall adopt and comply with same.

c) Preshift and onshift inspections; reports.

1. Examinations of slope and shaft areas shall be made by a certified shaft-slope examiner for hazardous conditions, including tests for methane and oxygen deficiency:

A) Within ninety (90) minutes before each shift;

B) At least once (1) on any shift during which men are employed inside any slope or shaft; and

C) Both before and after blasting.

2. The surface area surrounding each slope and shaft shall be inspected by a certified person and all hazards in the vicinity shall be corrected before men are permitted to enter the excavation.

3. All hazards found during any preshift or onshift inspection shall be corrected before men are allowed to enter, or continue to work in such slope or shaft, except those persons necessary to correct those hazards. If hazardous conditions cannot be corrected, or excessive methane concentrations cannot be diluted, the excavation shall be vacated and no person shall be permitted to reenter the slope or shaft to continue excavation operation until the hazardous condition has been corrected.

4. No work shall be performed in any slope or shaft, no drilling equipment shall be started, and no electrical equipment shall be energized if the methane content in such slope or shaft is 1.0 volume per centum, or more.

5. Nothing in this Section shall prevent the specific assignment of persons in the slope or shaft for purpose of abating excessive methane concentrations or any other hazardous condition.

6. The results of all inspections conducted in accordance with this Section shall be recorded daily in a book approved by the Department, and shall be signed by the person making the inspection and shall be countersigned after each examination by a certified shaft-slope supervisor.

d) Methane and oxygen deficiency tests; approved devices.

Tests for oxygen deficiency shall be made with a permissible flame safety lamp or other means approved by the Department, and tests for methane shall be made with a methane detector approved by the Department, or a flame safety lamp.

e) Diesel powered equipment.

The use of diesel powered equipment underground in shaft and slope sinking operations shall be prohibited. This regulation shall prevail until a final determination has been made by qualified doctors and scientists that there are no injurious effects on workmen engaged in duties requiring the use of diesel powered equipment in slopes and shafts, and until such time that facts of the study currently being jointly conducted by the National Institute for Occupational Health and Safety and the Mining Enforcement and Safety Administration of the United States Department of the Interior are conclusive. At the time when such studies are completed and conclusive with regard to the potential of such injurious effects on workmen, the Mining Board shall reconsider the advisability of the use of such equipment.

f) Hoists and hoisting; minimum requirements; requirement of compliance with existing statutes and rules.

1. Hoists shall include all hoisting equipment used in the transportation of persons and materials in shaft or slopes. All Federal and state statutes and rules applicable to the hoisting operations shall remain in force and shall be complied with.

2. Hoists employed in transporting persons and material in any slope or shaft shall have rated capacities consistent with the loads to be handled and the recommended safety factors of the ropes used in such hoists. The rated capacity shall be posted within view of the hoist operator.

3. The American National Standards Institute, "Specification for the Use of Wire Ropes for Mines," M11.1-1960, shall apply in the use, selection, installation, and maintenance of wire ropes. The following static load safety factors shall be used for selecting ropes to be used on hoists and for determining when such ropes shall be removed from hoists:

Length of rope in shaft (feet)

Minimum factor of safety (new rope)

Minimum factor of safety (remove)

500 or less

8

6.4

500 to 1,000

7

5.8

1,000 to 2,000

6

5.0

2,000 to 3,000

5

4.3

3,001 or more

4

3.6

4. Each hoist employed in drilling, mucking, or other excavating operations shall be equipped with an accurate and reliable indicator of the position of the cage, platform, or bucket, which shall be installed in clear view of the hoist operator.

5. Hoist drive units shall be protected from the weather, and the mechanism that operates the brakes shall be guarded to prevent material or tools from accidentally fouling or jamming the brake system.

g) Communications between shaft and slope bottoms and hoist operations.

1. There shall be at least two (2) effective methods of signaling approved by representatives of the Department, one of which shall be audible to the hoistman at all times. The signaling system in use shall effectively notify all persons in all work areas of the shaft or slope being developed wherever any equipment is moving up or down the slope or shaft. Signal codes used shall be posted conspicuously at the entrance to the slope or shaft, in the working areas of each slope or shaft, and in clear view of the hoistman. Only those persons designated by the operator shall be authorized to operate the signal system in the slope or shaft and all persons in the slope or shaft shall be made aware of who is in charge of signaling the hoistman at all times.

2. Signaling systems used for communication between slopes and shafts and the hoistman shall be tested daily.

h) Hoist safeguards; general.

1. Hoists used to transport persons shall be equipped with brakes capable of stopping and holding the cage, bucket, platform, or other device when fully loaded. Such brakes shall be operated by the hoistman immediately prior to transporting persons. Conveyances shall not be lowered by the brakes alone, except in an emergency.

2. When persons are transported by a hoist or by the hoisting operation a second person familiar with and qualified to stop the hoist shall be in direct and constant attendance, except where the hoist is fully equipped with overspeed, overwind, and automatic stop devices.

3. Overwind devices shall be designed and installed to automatically stop the cage, bucket, or platform before it contacts the head sheave or other positive stopping obstacles under all conditions. Overwind devices shall be tested at the time of installation and prior to initial use by raising the cage, bucket, or platform at maximum speed until the overwind device is actuated.

i) Hoists; inspection.

1. Hoists used to transport persons shall be inspected daily, and each such inspection shall include examination of the headgear (headframe, sheave wheels, etc.), ropes, connections, links and chains, signaling systems, and other facilities.

2. Prior to each working shift and before a hoist is returned to service after it has been out of normal service for any reason, it shall be operated by the hoistman through one (1) complete cycle of operation before any persons or materials are permitted to be transported.

3. The results of all inspections conducted in accordance with this section shall be recorded after each inspection in a book approved by the Department, and shall be signed by a person making the inspection and shall be signed or countersigned daily by a certified shaft-slope supervisor required by this Section of this Act.

j) Hoist construction; general.

1. Hoisting ropes shall be equipped with a spelter-filled socket, wedge socket, or thimble with an adequate number of clamps properly spaced and installed along the rope.

2. Slope cars when used for transporting persons shall be provided with two (2) bridle chains or cables connected securely to the rope at least three (3) feet above the socket or at least three (3) feet above the last rope clip if a thimble is used and which shall be securely fastened to the slope car when transporting persons or material.

3. Where hooks are used to attach cages or buckets to the socket or thimble of a hoisting rope, they shall be self-closing.

4. Hoisting ropes shall contain at least three (3) full turns on the hoist drum when the rope is extended to its maximum working length. At least one (1) full turn of the hoist rope shall be placed around the drum shaft or around the spoke of a free drum and both shall be fastened securely by means of clamps.

5. Platforms used for transporting persons shall be equipped with a leveling indicator on the work deck. The platform shall be maintained in a level position at all times except when moving the platform. Self-dumping cages, platforms, or other devices used for transporting persons shall have a locking device to prevent tilting when persons are transported.

6. All suspended work decks in shafts shall be of such construction to prevent overturning in the event of failure of one (1) of the suspension cables.

k) Hoist installations; use.

1. Where persons are transported by means of a hoist and the depth of the shaft exceeds fifty (50) feet, the hoist rope shall be suspended from a substantial hoisting installation which shall be high enough to provide working clearance between the bottom of the sheave and the top of the rope attachment to the conveyance.

2. Where persons are transported by means of a hoist and the depth of the shaft exceeds one hundred (100) feet, temporary shaft guides and guide attachments shall be installed to prevent the cage, platform, or bucket from swinging unless the State Mining Board approves other means which will provide no less than the same degree of protection to the miners.

3. Except for purpose of examination, all guides and guide attachments installed in accordance with paragraph (k)(2) of this Section, shall be maintained to a depth of not less than seventy-five (75) feet from the working area where men are present.

4. Where crossheads are used, the cage, platform, or bucket shall not be hung more than ten (10) feet below the crosshead.

5. Where men are required to embark or disembark over or within a shaft, a loading platform shall be installed to insure safe footing.

6. During the development of each slope or shaft, either a ladder or independently powered auxiliary hoist shall be provided to permit persons to escape quickly in the event of an emergency. At all times where men are on the bottom there shall be a means of access from the shaft bottom to the work deck other than the hoist. A chain ladder for this purpose will be acceptable.

7. No person shall be permitted to ride the rim of any bucket or on the top of a loaded bucket.

8. The maximum number of persons permitted to ride the conveyance at one time shall be posted conspicuously at the point of entrance to the shaft or slope and on the conveyance.

9. Persons shall not be permitted to ride on a cage, skip, or bucket with tools or materials, except when necessary to handle equipment while in transit. Materials shall be secured to prevent shifting while being hoisted.

10. The speed of buckets transporting persons shall not exceed five hundred (500) feet per minute and not more than two hundred (200) feet per minute when within one hundred (100) feet of any stop, and less if required by a representative of the Department.

11. A notice of established speeds shall be posted in clear view of the hoistman.

12. Conveyances being lowered in a shaft in which persons are working shall be stopped at least fifteen (15) feet above such persons and shall be lowered further only after the hoistman has received a signal that all persons who may be endangered by the conveyance are in the clear.

13. No skip or bucket shall be raised or lowered in a slope or shaft until it has been trimmed to prevent material from falling back down the slope or shaft.

14. Measures shall be taken to prevent material from falling back into the shaft while buckets or other conveyances are being unloaded.

15. Properly attached safety belts shall be worn by all persons required to work in or over any shaft where there is a drop of ten (10) or more feet, unless other acceptable means are provided to prevent such persons from falling into the shaft.

l) Hoist operator; qualified hoistman.

1. Hoists shall be under the control of and operated by a person possessing a certificate of competency as hoist operator issued in accordance with Article 7 of the Illinois Coal Mining Act of 1953 as amended when persons are being transported or are in a slope or shaft. On each shift where persons are employed below the surface, there shall be an additional person so certified present to operate the hoist in case of an emergency.

2. While mines are under construction and a crane or other similar mechanical contrivance is used as a means of raising or lowering men, the operator of such is required to be certified as a hoisting engineer (crane).

3. While mines are under construction, hoisting engineers shall not leave their station while persons are underground unless relieved by another hoisting engineer. Any malfunction in the hoist shall be communicated to all employees underground immediately.

m) Explosives and blasting; use of permissible explosives.

Only permissible explosives as defined in Article 20 of the Illinois Coal Mining Act of 1953 as amended shall be used in sinking shafts and slopes.

n) Use of nonpermissible explosives; approved by the Department.

When the Department has determined that the use of nonpermissible explosives will not pose a hazard to any person during the development of a slope or shaft, he may, after written application by the operator, approve the use of such explosives and issue a permit setting forth the safeguards to be employed by the operator to protect the health and safety of any person exposed to such blasting.

o) Uses of nonpermissible shot-firing device.

A shot-firing device approved by the Department may be used providing all persons are removed to a safe location on the surface prior to the connection of the shooting cable to the blasting device.

p) Explosives and blasting; general.

1. Light and power circuits shall be disconnected or removed from the blasting area before charging and blasting.

2. All explosive materials, detonators, and any other related blasting material employed in the development of any slope or shaft shall be stored, transported, carried, charged, and fired in accordance with the provisions of Articles 20 and 28 of the Illinois Coal Mining Act of 1953 as amended, and all shots shall be fired from the surface.

3. All persons shall be removed from the slope or shaft prior to blasting.

4. Blasting areas in slopes or shafts shall be covered with mats or other suitable material when the excavation is too shallow to retain blasted material.

5. Where it is impracticable to prepare primers in the blasting area, only the number of primers needed for one (1) round of shots shall be prepared and remain on the surface in an isolated area under the control of a person qualified to perform such work, designated by the operator. The primers shall be carried into the shaft or slope in specially constructed, insulated, covered containers by such a qualified person designated by the operator.

6. No other development operation shall be conducted in a shaft or at the face of a slope while drill holes are being charged and until after all shots have been fired.

7. The sides of the slope or shaft between the overhead platform and the bottom where persons are working shall be examined after each blast and loose material removed.

8. Loose rock and other material shall be removed from timbers and platforms after each blast before persons are lowered to the shaft bottom.

9. In cases where explosives are underground and drill holes are being charged, all work shall be suspended and all persons removed from the shaft or slope upon the approach and presence of an electrical storm and persons shall not return until such danger has passed.

q) Ventilation of slopes and shafts.

1. All slopes and shafts shall be ventilated by mechanical ventilation equipment during development. Such equipment shall be examined before each shift. The quantity of air in the slope or shaft shall be measured each shift by a certified slope-shaft examiner, and the results of such examinations and measurements shall be recorded in a book approved by the Department and shall be signed by the person making the examinations and measurements, and countersigned daily by a certified shaft-slope supervisor.

2. Ventilation fans shall be:

A) Installed on the surface;

B) Installed in noncombustible housing;

C) Designed to permit the reversal of the air current, and located in an area which will prevent a recirculation of air from the slope or shaft or air contamination from any other source;

D) Equipped with an automatic signal device designed to give an alarm in the event the fan slows or stops which can be seen or heard by any person on duty in the vicinity of the fan, except where fans are constantly attended;

E) Offset not less than fifteen (15) feet from the shaft or slope; and

F) Equipped with air ducts which are noncombustible and maintained so as to prevent excessive leakage of air:

i) Flexible ducts shall be constructed to permit ventilation by either exhausting or blowing methods and when metal air ducts are used, they shall be grounded effectively to remove static and other electrical charges; and

ii) Ducts shall extend as close to the bottom as necessary to keep the face clear of dangerous and noxious gases. Face as used in this Section is where excavating is progressing or was last done.

3. A qualified person, designated by the operator, shall be assigned to maintain each ventilating system.

4. The fan shall be operated a sufficient amount of time to clear the air prior to entering the underground area of a shaft or slope by any person and shall be operated continuously when persons are below the surface. Any accidental stoppage or reduction in air flow shall be corrected immediately; development work below the surface shall be stopped, all persons not needed to make necessary corrections to the ventilation system shall be removed to the surface within fifteen (15) minutes of the time the fan stopped or there was a reduction in the air flow, and all persons shall not return to the shaft or slope until an examination has been made by a certified shaft-slope examiner and declared safe.

r) Ladders and stairways.

1. Substantial stairways or ladders shall be used during the construction of all shafts where no mechanical means are provided for persons to travel.

2. Landings at intervals of not more than thirty (30) feet shall be installed.

3. Shaft ladders shall project three (3) feet above the collar of the shaft, and shall be placed at least three (3) inches from the side of the shaft.

s) Electrical Equipment.

1. Electric equipment employed below the collar of a slope or shaft shall be permissible and shall be maintained in a permissible condition in accordance with the provisions of the Illinois Coal Mining Act of 1953, as amended and these rules.

2. The insulation of all electric conductors employed below the collar of any slope or shaft shall be of the flame-resistant type.

3. Only permissible lamps, portable flood-lights, and lighting equipment approved by the U.S. Bureau of Mines under Part 19, Part 20 and Part 26 of Chapter 1 (Bureau of Mines Schedules 6D, 10C, and 29A) or those listed by Underwriter's Laboratories, Inc., for use in hazardous locations, shall be employed below the collar of any slope or shaft.

t) Storage and handling of combustible materials.

1. Liquified and nonliquified compressed gas cylinders, oil, gasoline, and other petroleum products shall not be stored within one hundred (100) feet of any slope or shaft opening.

2. Other combustible material and supplies shall not be stored within twenty-five (25) feet of any slope, shaft opening, or fan.

3. Pyritic slates, bony coal, culm, or other material capable of spontaneous combustion shall not be used for fill or as surfacing material within one hundred (100) feet of any slope or shaft opening.

4. Areas surrounding the opening of each slope or shaft shall be constructed to insure the drainage of flammable liquids away from the slope or shaft in the event of spillage.

5. Oily rags, wastes, waste paper, and other combustible material disposed of within or in the vicinity of any slope or shaft opening shall be stored in closed, noncombustible containers until removed from the area.

u) Welding, cutting, and soldering; fire protection.

1. One (1) portable fire extinguisher shall be provided where welding, cutting, or soldering with arc or flame is performed.

2. Welding, cutting, or soldering with arc or flame within or in the vicinity of any slope or shaft, except where such operations are performed in fireproof enclosures, shall be done under the supervision of a qualified person who shall make a diligent search within or in the vicinity of the slope or shaft for fire during and after such operations.

3. Before welding, cutting, or soldering is performed in any slope or shaft designed to penetrate into any coal bed below the surface, an examination for methane shall be made by a person qualified to conduct such examination with a device approved by the Department for detecting methane. Examinations for methane shall be made immediately before and periodically during welding, cutting, or soldering and such work shall not be permitted to commence or continue in air which contains 1.0 volume per centum or more of methane.

4. Noncombustible barriers shall be installed below welding, cutting, or soldering operations in or over a shaft.

v) Certificate of Competency; shaft-slope workers.

1. Effective on and after May 1, 1978, no person shall be employed or engaged underground at a shaft, slope, or underground construction operation without having first obtained a Certificate of Competency from the Miners' Examining Board as a Shaft-Slope Worker. A person seeking a Certificate of Competency as Shaft-Slope Worker must produce evidence satisfactory to the Miners' Examining Board that he has had at least six (6) months of experience working in shaft and slope construction; and within six (6) months after becoming eligible he shall appear before the Miners' Examining Board and pass an examination as to his knowledge in the handling and use of explosives, and shall have completed a course in first aid to the injured and in mine rescue methods and in shaft ventilation; except that any such certified shaft-slope worker may have up to three (3) persons working with him and under his direction as apprentices, for the purpose of learning the business of shaft, slope, and underground construction and becoming qualified to obtain Certificates of Competency.

2. The Miners' Examining Board shall hold an examination once in each calendar month, and at such other times and at such places as the Director of the Office of Mines and Minerals may designate. The Director of the Office of Mines and Minerals shall endeavor to schedule examinations at places located most conveniently with reference to the Districts in which coal is mined in the State of Illinois so that all persons in such district or in this State, or who may wish to come into this State for the purpose of engaging in mining, may be examined as to their competency and qualifications. Public notice of the examination shall be given through the press or otherwise no less than 7 days in advance of such meeting, which notice shall fix the time and place at which any examination under this Act is to be held. (Ill. Rev. Stat. 1991, ch. 96 1/2, par. 806.)

3. Each applicant for the certificate provided for in this Section shall receive his certificate upon satisfactorily passing the examination, without payment of fees, except that a fee of two dollars ($2.00) shall be paid to the Department for additional copies of certificates.

w) Certificate of Competency; shaft-slope examiners.

Effective on and after May 1, 1978, no person shall be employed or engaged as a Shaft-Slope Examiner without having first obtained a Certificate of Competency as a Shaft-Slope Examiner from the Mining Board. Each applicant for a Certificate of Competency as a Shaft-Slope Examiner shall produce evidence satisfactory to the Mining Board that he is of good repute, temperate habits and that he has had at least two (2) years of shaft, slope or underground construction experience. He shall pass an examination as to his experience in underground construction generating dangerous gases, his practical and technological knowledge of the nature and properties of fire damp, the laws of ventilation, the structures and use of safety lamps, and the laws of this State relating to safeguards against fires from any source in underground construction. He shall also submit to the Mining Board satisfactory evidence that he has completed a course of training in first aid to the injured. Persons who hold undergraduate degrees in Civil or Mining Engineering from an accredited school, college, or university or, who have graduated from and hold degrees in a mining engineering program approved by the Mining Board are required to have one (1) year of underground experience in shaft, slope, and underground construction to qualify for the examination for a Certificate of Competency as a Shaft-Slope Examiner.

x) Shaft-Slope Examiners; duties and responsibilities.

The Mining Board may designate functions to be performed by certified shaft-slope examiners in addition to those already assigned to such examiners by these rules.

y) Certificate of Competency; shaft-slope supervisor.

Effective on and after May 1, 1978, it shall be unlawful for the operator of any shaft, slope, or underground construction operation to have in his service any person that directs the supervisory personnel each shift who does not hold a Certificate of Competency from the Mining Board as a Shaft-Slope Supervisor. Each applicant for a Certificate of Competency as a Shaft-Slope Supervisor shall produce evidence satisfactory to the Mining Board, that he either has had at least three (3) years practical underground experience in shaft, slope, or underground construction, or that he holds an undergraduate degree from an accredited school, college, or university in Civil or Mining Engineering or that he has graduated from and holds a degree in mining engineering program approved by the Mining Board and has eighteen (18) months experience in shaft, slope, and underground construction; that he has satisfactorily completed a course in instruction in first aid to the injured prescribed by the Department; and that he is a man of good repute and temperate habits. He shall also pass such examinations as to his experience in shaft and slope sinking, underground construction, the management of men, his knowledge of shaft and slope construction, machinery and appliances, the properties of mine gases, the principles of ventilation, the legal duties and responsibilities of Shaft-Slope Supervisor, and has acquired a Certificate of Competency as a Shaft-Slope Examiner as prescribed by the rules.

z) Shaft-Slope Supervisor; duties and responsibilities.

A Shaft-Slope Supervisor must be present in the shaft and slope work areas at all times when work is in progress. The Mining Board may designate functions to be performed by the Shaft-Slope Supervisor in addition to those already assigned to such supervisors by these rules.

aa) Applicability of Certifications of Mine Managers, Mine Examiners, and Miners to Shaft and Slope Functions.

Any person who holds a Certificate of Competency from the Mining Board as Mine Manager or Mine Examiner, or who holds a Certificate of Competency from the Miners' Examining Board as a Miner may be permitted to perform the functions of a Shaft-Slope Supervisor, Shaft-Slope Examiner, or Shaft-Slope Worker respectively, if such certificate holder is approved for such shaft-slope functions by the Department. Such certificate holders may perform such functions only until such time as the next examination for certification in the particular category is given.

bb) Temporary Certificate of Competency as Shaft-Slope Examiner or Shaft-Slope Supervisor.

Upon request by the State Mine Inspector of the district, the Mining Board may issue a Temporary Certificate of Competency as Shaft-Slope Examiner or Shaft-Slope Supervisor to any person having the knowledge and time requirements set forth in subsection (w) and (y) above. This temporary certificate will be valid only until the first available examination or six months, whichever is shorter. The Mining Board may issue an extension of Temporary Certificates of Competency as a Shaft-Slope Supervisor only to those persons who take and pass the next Shaft-Slope Examiner examinations following the date of their original temporary certification.

cc) Application of the Coal Mining Act of 1953 as amended.

All the provisions of the Illinois Coal Mining Act of 1953 as amended where applicable shall apply to shaft, slope, and underground construction.

dd) Certificate of competency-hoisting engineer (crane).

1. In any mine under construction where a crane or other similar mechanical contrivance is used as a means of raising or lowering persons, for operation of which equipment an electrical hoisting engineer certificate is not required under Section 7.02 of the Act, the Mining Board may grant a certificate to operate such equipment to any person recommended to the Mining Board by the State Mine Inspector of the district. The applicant for such permit shall have filed with the Mining Board satisfactory evidence that the applicant has had at least one (1) year of experience in operating a crane or device of the type to be certified and understands the handling and care of the same. Such application shall be accompanied by statements under oath from at least three (3) persons who are mine managers, examiners, or miners certified by the Board, who affirm from their personal knowledge of the applicant that the applicant is a person of good repute and personal habits, and that the applicant has, from their observation and in the judgment, a good knowledge of an experience in handling devices of the type for which certification in sought.

2. Such certificate shall apply only to the mine and device(s) for which it is issued, and shall be valid for a period not to exceed one (1) year, except such certificate may be renewed by the Mining Board from year to year if the person holding same requests renewal, and certifies by sworn statement, affirmed by the State Mine Inspector of the District, that the circumstances and conditions relating to the holder's competency are the same as when the certificate was originally issued, and that the person holding same has operated the equipment for which he or she was certified satisfactorily during the prior term of the certificate.

3. Requests for renewal of certificates shall be submitted to the Board at least thirty (30) days in advance of expiration.

4. It shall be a violation of this Section for any person to operate hoisting equipment described in paragraph (cc)(1) hereof, to raise or lower men in mines under construction without current, valid certificate of the Board. This Section does not apply to operations expressly exempt from certification under Section 7.03 or subject to Section 7.04 of the Act.

5. A certificate issued hereunder is subject to revocation at any time if the holder fails to exercise due care or attention to duty or otherwise does not have the qualifications to hold the certificate. A certificate is subject to temporary suspension by a mine inspector if, in the judgement of mine inspector, such suspension is required or advisable to assure the health and safety of any person. In the event of such suspension, the holder is entitled to a prompt hearing by the Board. The Board may revoke a certificate after notice and hearing as provided by Board rules.

History

• Source: Amended at 16 Ill. Reg. 11463, effective July 6, 1992

62 Ill. Adm. Code 220.200 Surface Bathing Facilities, Change Rooms and Sanitary Flush Toilet Facilities at Surface Coal Mines

a) Bathing facilities; change rooms; sanitary flush toilet facilities.

Each operator of a coal mine shall provide bathing facilities, clothing change rooms, and sanitary flush toilet facilities, as hereinafter prescribed, for the use of miners employed in the surface installations and at the surface worksites of such mine.

b) Location of facilities.

1. Bathhouses, change rooms, and sanitary flush toilet facilities shall be in a location convenient for the use of the miners.

2. All bathhouses shall be constructed to provide at least ten (10) square feet of unobstructed floor space for each employee using the facility at any given time. In the computation of the area to be dedicated to employee floor space, the space taken up by obstructions such as lockers, and clothes baskets, and by common areas such as exit passageways and walkways shall not be included. In that same computation, the space taken up by benches or seats provided for the use of miners may be included. This Section shall apply to all bathhouses constructed or expanded after the effective date of this Section. This Section shall not apply to a bathhouse constructed or expanded after the effective date of this Section, if, and only if, valid contracts for such construction or expansion have been entered prior to the effective date. Evidence of such contracts shall be submitted to the Department prior to the beginning of such construction or expansion and no construction or expansion which fails to meet the requirements of this Section shall commence without the express approval of the Department.

3. Where females are employed, separate facilities shall be provided. These facilities shall meet the requirements of this Section.

c) Minimum requirements for bathing facilities, change rooms, and sanitary flush toilet facilities.

1. All bathing facilities, change rooms, and sanitary flush toilet facilities shall be provided with adequate light, heat, and ventilation so as to maintain a comfortable air temperature and to minimize the accumulation of moisture and odors, and the facilities shall be maintained in a clean and sanitary condition for each oncoming shift.

2. Bathing facilities, change rooms, and sanitary flush toilets facilities shall be constructed and equipped so as to comply with all applicable state and local building codes. However, where no state or local building and plumbing codes apply to these facilities, or where no state or local building and plumbing codes exist, the facilities shall be constructed and equipped so as to meet the minimum construction requirements of the most recent National Building Code and the plumbing requirements of the most recent National Plumbing Code which documents are hereby incorporated by reference and made a part hereof.

3. In addition to the minimum requirements specified in paragraphs (c)(1) and (c)(2) of this Section, facilities maintained in accordance with Section 220.200(a) shall include the following:

A) Bathing facilities:

i) Showers shall be provided with both hot and cold water. The Department shall take monthly samples to insure an adequate supply of safe, clean, hot and cold water satisfactory for shower and bathing purposes, except where a municipal water supply is used, and the record of the results of such sampling shall be retained by the Department;

ii) At least one (1) showerhead shall be provided where five (5) or less miners use such showers;

iii) Where five (5) or more miners use such showers at any particular time, sufficient showers shall be furnished to provide approximately one (1) showerhead for each such five (5) miners; and

iv) A suitable nonirritating cleaning agent shall be provided for use at each shower.

B) Sanitary flush toilet facilities:

i) At least one (1) sanitary flush toilet shall be provided where ten (10) or less miners use such toilet facilities;

ii) Where ten (10) or more miners use such toilet facilities at any particular time sufficient flush toilets shall be furnished to provide approximately one (1) sanitary flush toilet for each such ten (10) miners;

iii) Where thirty (30) or more miners use toilet facilities one (1) urinal may be substituted for one (1) flush toilet; however, where such substitutions are made they shall not reduce the number of toilets below a ration of two (2) flush toilets to one (1) urinal;

iv) An adequate supply of toilet paper shall be provided with each toilet;

v) Hand lavatories shall be provided in or adjacent to each toilet facility; and

vi) Toilets shall be separated by partitions.

C) Change rooms:

i) Individual clothes storage containers or lockers shall be provided for storage of miners' clothing and other incidental personal belongings during and between shifts;

ii) Change rooms shall be provided with ample space to permit the use of such facilities by all miners changing clothes prior to and after each shift; and

iii) Two (2) separate means of exit shall be provided from each bathhouse.

62 Ill. Adm. Code 220.210 Sanitary Toilet Facilities at Surface Coal Mines

a) Sanitary toilet facilities at surface worksites; approved sanitary toilets; installation requirements.

1. Each operator of a surface coal mine shall provide and install at least one (1) approved sanitary toilet, together with an adequate supply of toilet tissue, in a location convenient to each surface work site. A single approved sanitary toilet may serve two (2) or more surface worksites in the same surface mine where the sanitary toilet is convenient to each such worksite. Where ten (10) or more miners use such toilet facilities, sufficient toilets shall be furnished to provide approximately one (1) sanitary toilet for each ten (10) miners who use such facility at any particular time.

2. Sanitary toilets which are consistent with the requirements of the Code of Federal Regulations (CFR) for surface installations shall be acceptable to the state.

b) Sanitary toilet facilities; maintenance.

Sanitary toilets provided in accordance with the provisions of paragraph (a) above be regularly maintained in a clean and sanitary condition. Holding tanks shall be serviced and cleaned when full and in no case less than once each week when in use, by draining or pumping or by removing them for cleaning and recharging. Transfer tanks and transfer equipment, if used, shall be equipped with suitable fittings to permit complete draining without spillage and allow for the sanitary transportation of wastes. Waste shall be disposed of in accordance with all applicable state and local statutes and rules.

62 Ill. Adm. Code 220.220 Drinking Water

a) Drinking water; general.

An adequate supply of potable water shall be provided for drinking purposes in each surface installation, and at each surface worksite of the mine.

b) Drinking water; quality.

1. Potable water provided in accordance with the provisions of Section 220.220(a) shall meet all the applicable minimum health requirements for drinking water established by the State of Illinois and the local government in which the mine is located.

2. The Department shall take spot samples of the drinking water from different locations in the mine each month to insure potability.

c) Drinking water; distribution.

1. Water shall be piped or transported in sanitary containers. Water systems and appurtenances thereto shall be constructed and maintained in accordance with all applicable State of Illinois and local government requirements. Where no such requirements are applicable, water systems and appurtenances shall be constructed and maintained in accordance with all the applicable requirements of the most recent National Plumbing Code, which is hereby incorporated by reference and made a part hereof.

2. Water transported to the site shall be carried, stored and otherwise protected in sanitary containers constructed of smooth, impervious, heavy gauge, corrosion resistant materials. The containers shall be marked with the words "Drinking Water".

d) Drinking water; dispensing requirements.

1. Water shall be dispensed through a drinking fountain or from a water storage container with an adequate supply of single service cups stored in a clean sanitary manner. Water shall not be dipped from inside water storage containers. Use of a common drinking cup is prohibited.

2. Water containers shall remain sealed at all times during use and shall not be refilled with water for reuse without first being cleaned and disinfected with the use of heat or sanitizers.

3. Drinking fountains from which water is dispensed shall be thoroughly cleaned once (1) each week, and maintained at all times in a clean and sanitary manner.

4. Ice used for cooling drinking water shall not be immersed or in direct contact with water to be cooled, unless it has been handled in a sanitary manner and unless the ice is made from the same source as the drinking water or from water of a quality equal to the source of the drinking water.

62 Ill. Adm. Code 220.230 Health and Safety Rules Applicable to Underground Coal Mines

This Section sets forth mandatory health and safety standards applicable to underground coal mines. This Section complements the specific provisions of the Coal Mining Act of 1953, as amended, and in no way limit or diminish the applicability of that law to underground coal mines. In adopting this Section, the Mining Board and the Director have adhered to the statutory standards affecting the adoption of and promulgation of health and safety rules, including, but not limited to, Section 2.12 of the Coal Mining Act of 1953 [225 ILCS 705/2.12], as amended, and the Rules of Procedure in Administrative Proceedings (62 Ill. Adm. Code 100) in the Department of Natural Resources (Department) before the Mining Board.

a) Submission of plan where coal is broken down by compressed air.

In each mine where coal is "broken down" by compressed air, a plan describing the means by which coal is to be "broken down" shall be submitted to the Mining Board for the Board's retention and file. Nothing in this Section shall be construed to require approval of such plan by the Mining Board.

b) Submission of fan stoppage plan.

Each operator of an underground mine shall submit the fan stoppage plan required by the Mine Safety and Health Administration to the Mining Board for the Board's retention and file. Nothing in this Section shall be construed to require approval of such plan by the Mining Board.

c) Hoisting of persons; stationing of competent persons.

At every shaft and/or slope where persons are hoisted or lowered, the operator shall station a competent person at the top and at the bottom of such shaft and/or slope who shall attend to signals, and be empowered to preserve order and enforce the rules governing the carriage of persons on means of conveyance. The top person and bottom person shall be at their respective posts of duty a sufficient length of time before the shift begins in the morning and after the shift ends for the day to properly perform their duties as provided for in this Section. Cagers and alternates should be trained or instructed as to duties and signals. No operator shall use persons not familiar with caging procedures.

d) Uniform daily inspection of hoists.

Procedures shall be adopted for the uniform daily inspection of all electric hoists, cages, guides, and other equipment associated with the hoisting and lowering of men.

e) Communications between coal-producing sections and the surface.

A means of communication from each coal-producing section to the surface shall be maintained at all times while coal is being mined. No coal shall be produced nor shall any face equipment be operated on such section while there is an interruption in that communication. An interruption in the communication from one (1) coal-producing section to the surface shall not prohibit the production of coal on any other coal-producing section or area of the mine. Nothing in this Section shall preclude work other than the production of coal during the time that the communication system is interrupted.

f) State mine inspectors; notification of miners' representative prior to inspection and posting of findings and recommendations.

On each visit to the mine, the State Mine Inspector shall notify a representative of the miners that he is there to make an inspection so that the miners' representatives may accompany him if they so desire. Following each inspection, the inspector shall meet with management and representatives of the miners at the request of either or both of them to discuss his findings and recommendations. His findings and recommendations together with the time provided to comply shall be posted in a conspicuous place following each inspection. The length of time to comply will be based upon the nature and severity of the infraction(s) noted.

g) Standards for Diesel Engines in Underground Coal Mines.

The following rules govern the operation of diesel equipment in underground coal mines. In addition to these rules, compliance with 30 CFR 31, 32, and 36 (1983) as pertaining to the operation and maintenance of diesel equipment is required.

A) Before operating any diesel equipment in an underground mine, the operator must submit to the Department of Natural Resources a mining plan amendment which shall contain a ventilation plan stating the quantity of air in the areas where the diesel equipment will be operating and the number of diesel units which the mine operator plans to operate. An operator must meet also the quantity of air requirements of Section 31.02 of the Coal Mining Act of 1953. This plan must also contain the projected quantities of diesel fuel to be used in a 24-hour period. The State Mine Inspector shall adjust the quantity of diesel fuel allowed in the mine in accordance with Sections (11) and (12) herein by submitting such adjustment in writing to the Department.

B) No diesel equipment shall be placed in initial operation underground until it is checked for approval in accordance with Sections (2) and (10) herein and tested in accordance with Sections (3) and (4) herein by the State Mine Inspector for the district in which the mine is located. The State Mine Inspector shall submit to the Department, in writing, the mine operator's name, type of equipment, serial number and Mine Safety and Health Administration (MSHA) certification number.

C)

i) To amend a mining plan to include the use of diesel equipment in underground coal mines, an operator must submit a request for a mining plan amendment to the Mining Board. Upon receipt of that request, the State Mine Inspector shall test the mine in which the equipment is proposed to be used to insure that sufficient ventilation exists to comply with this rule.

ii) The State Mine Inspector shall test the diesel equipment which is proposed to be used in the mine prior to its installation for compliance with this rule. If this equipment meets the requirements of this rule, it shall be installed in the mine in which it is to be operated and tested again by the State Mine Inspector to insure it complies with the requirements of this rule. This equipment may not be operated until such time as its use is approved by the Mining Board.

iii) The State Mine Inspector shall provide a written report of the results of the testing of the equipment to the Mining Board. Within 10 days of receipt of the State Mine Inspector's report, the Mining Board shall approve or disapprove the operator's request. Within 10 days of such action, the Mining Board shall notify the operator of its decision. A denial of the operator's request shall be accompanied by a statement of reasons for the denial.

2. All diesel equipment operated inby the last open crosscut and in return air courses shall be permissible and shall be maintained and operated in a permissible condition as defined by 30 CFR 31 and 36 (1983). "Permissible", as used herein, shall mean diesel equipment which will not cause an underground ignition if an explosive mixture of gas is present and this piece of diesel equipment is operated in the presence of this explosive mixture of gas.

3. The quantity of ventilating air maintained in the last open crosscut where multiple diesel units are operating in a working section shall be at least 100 percent of the air quantity specified on the approval plate of the first diesel unit (the unit requiring the highest air quantity on its approval plate), plus 75 percent of the approved plate air quantity of the second diesel unit (next highest air quantity), plus 50 percent of the approval plate air quantity of each additional diesel unit operating in that split of air.

4. Air quality in which diesel equipment is operated shall be sampled to determine if the composition of the air is within safe limits with respect to CO, NO, and NO2@.equal to or less than the following values:

TWA

Carbon Monoxide (CO)

50 ppm

Nitrogen Dioxide (NO2@)

3 ppm

Nitric Oxide (NO)

35 ppm

(Reference: 30 CFR 75.301-2 MSHA and Threshold Limit Values for Chemical Substances in Work Air adopted by American Conference of Government and Industrial Hygienists, 1982)

5. Air quality measurements for face equipment shall be taken in the operator compartment of the diesel equipment at a point where the air current exists the last open crosscut. Measurements must comply with Section (4) above.

6. Air quality measurements shall also be taken in the immediate return from each working section, while all units of diesel equipment being employed in that Section during the shift are operating. Measurements must comply with Section (4) above.

7. The measurements required in Sections (5) and (6) shall be made no less than twice a shift in mines and working sections employing diesel engines for the first time. After 500 hours of operating time has been accumulated in compliance with Sections (5), (6) and (7), the measurement frequency shall be reduced to once a week for the air quality measurements in the operator's compartment (Section (5)) and once per shift for air quality measurements in the immediate returns (Section (6)).

A) Air quality measurements shall be taken by one of the following recognized methods:

i) gas concentration indicator tubes;

ii) vacuum bottle sample and subsequent analysis; or

iii) direct readout instruments which the Mine Safety and Health Administration has certified under 30 CFR 75.303-1, 75.303-2 (1985).

B) These testers shall be provided and maintained by the mine operators.

9. All tests shall be made by a competent person and the results of these tests shall be permanently recorded and kept in a place at the mine accessible to federal or state mine inspectors or officials, mine employees, or mine employee's representatives. These records shall be made available for inspection during the hours the mine's offices are open to the public. "Competent person" as used herein and in Section (14) below, shall mean a person trained by an instructor certified by MSHA under 30 CFR 48.3(h) (1985) or the Department to provide such training.

10. Air quality for outby diesel equipment shall meet the standards provided in 30 CFR 32 (1983) as that section pertains to mobile powered diesel equipment.

11. Diesel fuel storage and handling in a working section shall comply with the following:

A) Only one diesel fuel center will be allowed to be in permanent residence.

B) The diesel fuel center may be stored in combination with and/or in the same area as hydraulic oil, lubricating oil greases.

C) At least two approved ABC fire extinguishers will be available at the storage area.

D) The storage area shall be vented directly to the returns.

E) Storage shall be limited to a typical 24-hour supply for a given working section or not to exceed 500 gallons.

12. Diesel fuel storage for the mine shall comply with the following:

A) The underground storage area shall be vented directly to the returns.

B) At least two 150 lb. approved ABC type fire extinguishers and no less than 200 lbs. of rock dust shall be available at the underground mine storage area.

C) Storage underground shall be limited to a typical 24-hour supply for all normally operating diesel units in the mine.

13. All diesel engines, in particular, their intake and exhaust systems, shall be maintained in accordance with the manufacturers specifications and instructions and in accordance with 30 CFR 31.4-31.5 (1985). Maintenance manuals shall be made available by the operator to the inspectors when requested.

14. Maintenance and inspection of diesel equipment will be conducted only by competent persons authorized by the mine operator (not to include State Mine Inspectors).

15. An approved ABC type fire extinguisher shall be carried at all times on each unit of diesel powered equipment.

16. No gasoline powered device will be allowed in an underground coal mine.

History

• Source: Amended at 10 Ill. Reg. 8104, effective June 15, 1986

Chapter I Department of Mines and Minerals

Part 225 Use of Permissible Explosives in Underground Coal Mines

62 Ill. Adm. Code 225.10 Definitions

For purposes of this part only, the following words mean:

"Act" means the Coal Mining Act (Ill. Rev. Stat. 1985, ch. 96½, par. 251 et. seq.)

"Acceptable container" means any sturdy container, in good condition, lined with nonsparking material. (e.g, solid wood of substantial or other nonsparking material of equal or greater strength).

"Approved container" means any container made of nonsparking material used to hold temporarily permissible explosives and electric detonators at the working face.

"Blasting Cable" means a two-conductor cable used for completing the circuit between the electric blasting cap and the electrical source to fire the electric blasting cap.

"Borehole" means a hole drilled into the working face for inserting permissible explosives.

"Electric blasting cap" means an electric detonator containing a charge of detonating compound which electric current ignites.

"Electric detonator" means a device which detonates a high-explosive charge by electrical ignition.

"Interval delay" means a device that helps control the blast sequence.

"Leg wire" means a wire attached to and forming a part of an electrical blasting cap.

"Magazine" means building or structure specially constructed to store permissible explosives.

"Mine Manager" means the person charged with the general direction of the underground work. Section 1.09 of Act (Ill. Rev. Stat. 1985 ch. 96 ½, par. 259).

"Mining Board" means the board created under Section 2.01 and 2.02 of the Act (Ill. Rev. Stat. 1985, ch. 96½, pars. 301, 302) and Section 5.04 of the Civil Administrative Code of Illinois (Ill. Rev. Stat. 1985, ch. 127½, par. 5.04).

"Misfire" means the complete or partial failure of a blasting charge to explode as planned.

"Permissible explosives" means any chemical compound, mixture, or device, the primary purpose of which is to function by explosion, which explodes from an instantaneous release of gas and heat and will not cause the ignition of mixtures of methane and air when detonated The Mine Safety and Health Administration must have approved it under 30 CFR 15.1-15.24 (1986). (The reference includes no later editions or amendments.)

"Primer" means a cartridge of permissible explosive with a cap in place to set off the permissible explosive.

"Shot Firer" means a person other than the mine manager or the section foreman whom the Mining Board has certified under Sections 225.80.

"Shunt" means to connect together the wires from a cap or a circuit in order to create a short circuit to prevent stray current from firing blasting caps.

"Stemming" means inert material packed between the permissible explosive charge and the out end of the borehole.

"Tamping" means the act of inserting, packing, stemming permissible explosives in a borehole.

"Tamping bar" means a rod made of wood or metal bar, tipped with five (5) inches of copper and is used to push permissible explosive charges into a borehole.

"Working face" means the vertical wall where a coal company is removing the coal.

62 Ill. Adm. Code 225.15 General Requirements

a) Any operator of a coal mine in Illinois must follow the requirements of this Part, the Act and 62 Ill. Adm. Code 220.230 when using permissible explosives in underground coal mines.

b) The Mining Board's approval under 62 Ill. Adm. Code 140.10 of a mining plan which includes shooting on shift depends on it meeting the standards of this part.

62 Ill. Adm. Code 225.20 Penalty for Misbranding

Any person, firm, or corporation who shall sell for use in the coal mines in this state any permissible explosives not stamped as herein required, or who shall knowingly sell for use in coal mines and in this state any permissible explosive which is untruthfully branded or stamped, and any person, firm, or corporation being a manufacturer of permissible explosives, or the agent of any such manufacturer of permissible explosives, who shall sell for use in any coal mine in this state any permissible explosive which shall not conform to the requirements of the Act shall be guilty of a Class B misdemeanor. Section 20.41 of Act (Ill. Rev. Stat. 1985 ch. 96½, par. 2041)

62 Ill. Adm. Code 225.35 Storage in General

a) Smoking, matches, open flames, and spark producing devices are forbidden:

1. in any magazine;

2. within up to fifty feet of any outdoor magazine; or

3. with any room containing an indoor magazine.

b) All storage containers of permissible explosives or electric detonators must be plainly marked with reflective type material, "DANGER EXPLOSIVES."

62 Ill. Adm. Code 225.40 Transportation of Permissible Explosives from Surface to Section Magazines

a) Any person transporting permissible explosives underground or transporting electric detonators underground must transport them in locked, acceptable container.

b) Permissible explosives and/or electric detonators may not be transported in the same transportation vehicle with tools, supplies, or more than three people.

c) If permissible explosives and detonators are transported in the same acceptable container then the permissible explosives and detonators shall be separated by at least a four inch partition made of nonsparking material.

62 Ill. Adm. Code 225.45 Storage of Permissible Explosives Underground

a) Except as provided in Subsection (f) of this Section permissible explosives must be stored underground in a section magazine.

b) The section magazine must be on the return air side of the section and placed in a crosscut or idle room neck a minimum of ten (10) feet from the roadway.

c) The area around the section magazine must:

1. be barricaded to prevent any machinery or person, other than a shot firer, a mine manager, or the section foreman from entering the area;

2. be dry;

3. be rockdusted to meet the requirements of Section 24.05 and 24.06 of the Act (Ill. Rev. Stat. 1985 ch. 96½, pars. 2405, 2406)

4. be free of combustible material; and

5. have temporary roof supports installed at each corner.

d) Only the shift mine manager, the section foreman, and shot firer may be allowed access to the section magazine. However, only the person doing the shooting may remove permissible explosives and electric detonators from the section magazine.

e) Only a forty-eight (48) hour supply of permissible explosives, including any surplus remaining from the previous day, will be allowed in the section magazine. Each mine inspector can determine what a forty-eight (48) hour supply is for each mine based on the written inventory records of usage which 62 Ill. Adm. Code 225.47 requires.

f) Permissible explosives and electric detonators must be stored in separate, approved containers at least ten (10) feet apart, located out of line of blast at a ninety degree (90 ) angle from the working face and at least fifty (50) feet from the working face.

g) The shot firer must store all approved containers clear of trailing cables and other sources of electric current, and away from mobile equipment.

h) At the beginning of each shift, the shot firer must examine the roof around and over the section magazine where permissible explosives are stored.

i) The shot firer must keep permissible explosives or electric detonators in their approved containers until immediately before use at the working face.

j) Tools or other materials must not be stored with permissible explosives or electric detonators.

62 Ill. Adm. Code 225.47 Inventory

a) At the beginning of each shift, the shot firer must record the quantity of:

1. permissible explosives; and

2. electric detonators

stored in that section magazine.

b) At the end of each shift, the shot firer must reconcile the quantity of permissible explosives and electric detonators used on that shift with the number of permissible explosives and electric detonators recorded as a result of the inventory which Subsection (a) requires.

c) If after the inventory required in Subsections (a) and (b), the shot firer notes a shortage of permissible explosives then, the shot firer's supervisor shall be immediately advised.

62 Ill. Adm. Code 225.50 Preparation

a) At no time shall more than hundred (100) pounds of permissible explosives be removed from a section magazine.

b) A shot firer may have only up to twenty-five (25) pounds of permissible explosives and electric detonators in the shot firer's possession at any one time.

c) Only nonsparking tools shall be used for opening permissible explosives containers.

d) When entering the face area to be blasted, the shot firer must:

1. visually examine the roof and ribs pursuant to Sections 13.04, 30.04, 30.05 of the Act (Ill. Rev. Stat. 1985 ch. 96½, pars. 1304, 3004, 3005);

2. check for methane pursuant to Sections 31.04 of the Act (Ill. Rev. Stat. 1985 ch. 96½, par. 3104);

3. clean the boreholes; and

4. inspect the boreholes to see that they are:

A) of correct depth in relation to the cut and

B) properly placed.

e) Boreholes must not be loaded while any other work is being performed in that room or entry.

f) the shot firer must completely load each borehole before continuing on to the next borehole.

g) The shot firer must make up primers only when loading the borehole using electric detonators of proper strength and time interval delay to ensure the proper breaking down of coal.

h) When loading boreholes, the shot firer must place the primer in the borehole first pointing outward and the rest of the permissible explosives must be pushed into the hole in a continuous train without any compressible substance between

1. the back of the hole and the permissible explosives, or

2. between the permissible explosives and the stemming.

j) The shot firer may only use a nonsparking tool for priming cartridges.

j) The shot firer may only use a nonsparking tamping bar for loading boreholes.

k) The shot firer may only stem boreholes with water filled plastic bags, rockdust, clay, or sand. Stemming with coal dust is prohibited.

l) The shot firer must keep the blasting cable shunted until all boreholes are:

1. loaded

2. tied together and

3. connected to the blasting cable.

62 Ill. Adm. Code 225.55 Shooting

a) The shot firer may fire only twenty (20) shots in any given blast at the working face. The shot firer may blast only two (2) working faces per blast.

b) The shot firer may only use one kind of permissible explosive or detonator in the same drill hole.

c) After the shot firer loads all the boreholes, the shot firer must:

1. remove all unused permissible explosives or unused electric detonators from face; and

2. store the unused permissible explosives or unused electric detonators in accordance with Sections 225.45(f) and 225.45(g) on storing permissible explosives underground.

d) The shot firer, before blasting, must:

1. visually examine the roof and ribs pursuant to Sections 13.04, 30.04, and 30.05, of the Act (Ill. Rev. Stat. 1985 ch. 96½, pars. 1304, 3004, 3005); and

2. check for methane pursuant to Section 31.04 of the Act (Ill. Rev. Stat. 1985 ch. 96½, par. 3104); and

3. if, pursuant to Sections 31.04 and 31.09 of the Act (Ill. Rev. Stat. 1985 ch. 96½, pars. 3104, 3109), the concentration of methane is equal to or greater than one percent;

A) stop work, and

B) notify the shot firer's supervisor.

e) The shot firer must hang warning devices made of reflective material to warn of an impending blast. These warning devices must be placed at all approachable areas to the blasting face. The shot firer when shooting cross cuts, must ensure all persons have been removed from the adjoining place that they are blasting towards.

f) The shot firer must:

1. keep the blasting cable shunted except when testing continuity or connecting into circuit, and

2. wire the boreholes in a series circuit.

However, at no time may anyone wire the legwires from one borehole to another with an exposed electric blasting cap.

g) Before attaching to a blasting unit, which the Mine Safety and Health Administration has approved under 30 CFR 24.0-24.9 (1985) or under 30 CFR 25.1-25.13, 25.20-25.21, 25.25-25.26 (1985) the shot firer must ensure the blasting cable is shunted until ready to be checked with a galvanometer for continuity.

h) All blasting charges must be surrounded by at least eighteen (18) inches of rock, coal, or both in all directions if the height of the coal permits.

i) The shot firer must ensure that when the blasting cable is attached to the leg wires, the ends are either staggered or kept well separated.

j) The shot firer must unreel the blasting cable from the face outby to a position at least fifty (50) feet and at a ninety degree (90 ) angle from where the shot firer intends to blast.

k) The shot firer must give a loud, verbal warning such as "fire in the hole" at least three (3) times before blasting.

l) No shot firer may fire nor any supervisor order any unlawful shot.

m) After the permissible explosives and electric detonators have detonated, the shot firer must:

1. remove the blasting cable from the blasting unit;

2. join the two strands of wire together (shunt); and

3. after allowing sufficient time for the smoke to clear;

A) make an immediate examination of the roof, and ribs, pursuant to Sections 13.04, 30.04, and 30.05 (Ill. Rev. Stat. 1985 ch. 96 1/2, pars. 1304, 3004, 3005)

B) check for:

i) methane pursuant to Section 31.04 (Ill. Rev. Stat. 1985, ch. 96½, par. 3104),

ii) carbon monoxide, and

iii) misfires.

n) At the shift's end, the shot firer must:

1. return all unused permissible explosives and electric detonators to the section storage magazine;

2. lock the section magazine's cover; and

3. keep the inventory records which 62 Ill. Adm. Code 225.47 requires.

62 Ill. Adm. Code 225.60 Misfires

The following apply only in the event of a misfire:

a) The shot firer must summon the shot firer's immediate supervisor.

b) The shot firer must wait five (5) minutes after the blast before attempting to handle the misfire.

c) The shot firer, in the presence of the shot firer's immediate supervisor, then must:

1. disconnect the blasting cable from the source of power and

2. short-circuit (shunt) the battery end before the shot firer and shot firer's immediate supervisor examine the electric connections.

d) The shot firer, in the presence of the shot firer's immediate supervisor, may only remove permissible explosives with wooden tools by either of the following two ways:

1. washing the stemming and permissible explosive from the borehole with water or

2. washing out the stemming and inserting and firing a new primer.

e) If it is impractical to remove a misfire in the manner listed in Subsection (d)(1), (d)(2) then the shot firer may remove the misfire by firing a separate charge at least two (2) feet away from and in a line parallel to the misfired charge.

62 Ill. Adm. Code 225.70 Ventilation

a) The quantity of air reaching the last open crosscut in any set of entries must be greater than or equal to 9,000 cubic feet per minute; if diesel equipment is used, then the quantity of air reaching the last cross-cut must meet the standards of 62 Ill. Adm. Code 220.230(g)(3).

b) In any working face where coal is being penetrated or loaded as a result of permissible explosives, the air sweeping the work face must be greater than or equal to 3,000 cubic feet per minute at all times persons are working at the face.

62 Ill. Adm. Code 225.80 Certification and Training

a) Before performing any duties as a shot firer, a person must have received training and certification from the Mining Board.

b) The Department will issue temporary certificates valid for one year or until the next available examination is held by the Mining Board, which ever comes first

1. for a person who is certified as a shot firer in another state to use permissible explosives underground to break down coal; or

2. for a person whom a Department representative has trained in the use and care of permissible explosives.

c) Any person wishing to be certified as a shot firer must show:

1. possession of First Class papers;

2. pass an examination as to his practical and technological knowledge of:

A) the nature and properties of mine gases,

B) the laws of ventilation,

C) the structure and the use of

i) safety lamps

ii) methane detectors, and

iii) carbon monoxide detectors

D) Sections 11.06, 13.02, 14.01-14.04, 18.05-18.06, 18.09, 19.10, 21.01-21.13, 24.01-24.06, 25.01-25.07, 31.01-31.32 of the Act. (Ill. Rev. Stat. 1985, ch. 96½, pars. 1106, 1302, 1401-1404, 1805-1806, 1809, 1910, 2101-2113, 2401-2406, 2501-2507, 3101-3132).

Chapter I Department of Natural Resources

Part 230 Procedure for Conducting Examinations of Persons Seeking Certificates of Competency

62 Ill. Adm. Code 230.10 Procedure for Holding Semi-Annual Mining Board Examinations

a) Candidates seeking Certificates of Competency as State Mine Inspectors, Mine Managers, Hoisting Engineers and Mine Examiners shall complete and submit a notarized application to the Department of Natural Resources, Office of Mines and Minerals at least 30 days prior to the date of the examination. A card or letter will be sent to each candidate that will be his or her admittance to the examination room. All candidates shall be at the place set for the examination to present their cards or letters and receive their examination papers prior to 8:30 a.m. on the day of the examination. The doors of the examination room will be opened at 8:30 a.m.

b) Pre-numbered examination booklets, answer sheets and blank mine maps shall be distributed at the time of the examination. The candidates will be instructed to place on their entrance card or letter the same number that is shown on their examination booklet. Candidates will be identified by this number throughout the examination.

c) Following instructions provided by a representative of the Department, applicants will be allowed to begin the written examination.

d) Representatives of the Department will supervise the class during the examination and will be available for assistance in interpretation of questions.

e) After the candidates have completed the written and map portions of the examination, these portions will be given to qualified representatives of the Department for grading. When these portions are graded, the candidates will be called for the oral section of the examination by the number on the examination booklet.

f) The written portion of the examination shall consist of two parts: true/false and multiple choice.

g) A numeric increase in a candidate's total score could result from the oral examination.

h) Applicants for State Mine Inspector and Mine Manager must score a minimum of 80% on the written examination for a passing grade. Applicants for all other Certificates of Competency must score a minimum of 75% on the written examination for a passing grade.

i) A pass/fail shall be given for the mine map portion of the examination.

j) Grades will not be divulged to the candidates at the time of the examination. A letter will be sent to those who did not attain a passing grade. Certificates of Competency will be issued to those who pass. These letters and certificates will be provided at the earliest possible date.

k) A candidate will not be permitted to take examinations for separate Certificates of Competency if those examinations are given on the same date, except that the Electrical Hoisting Engineer examination may be taken on the same date as another Certificate of Competency examination.

l) The examination for the Shot Firer Certificate of Competency is semi-annual, but is conducted following the completion of a mandatory class. Candidates for Shot Firer Certificate of Competency are not held to the 30 day application submittal requirements. An applicant cannot take the examination unless his or her application is signed by the class instructor stating the applicant has taken the mandatory class.

History

• Source: Amended at 37 Ill. Reg. 6772, effective May 1, 2013

62 Ill. Adm. Code 230.20 Procedure for Conducting Examinations Other Than the Semi-Annual Mining Board Examinations

a) Candidates seeking Certificates of Competency as Surface Mine Supervisor, General Surface Supervisor, Independent Contractor Supervisor, Shaft-Slope Examiner and Shaft-Slope Supervisor can take an examination administered by the Department at times other than at the semi-annual Mining Board Examinations.

b) Candidates shall obtain from the Department an application and must meet the eligibility requirements for the Certificate of Competency.

c) Candidates shall schedule to attend a class conducted by Department personnel prior to taking the examination. The class and examination can be conducted on the same day. Classes are optional and a candidate may take the examination without class attendance.

d) A Certificate of Competency is considered temporary for 30 days following an examination. A list of candidates passing the exam and receiving a Certificate of Competency will be posted at mines throughout the State during the 30 day posting period to permit filing objections concerning the qualifications of a candidate who is listed as receiving a Certificate of Competency. After the posting period is complete and no objection is filed, the candidate's Certificate of Competency will become permanent (see 225 ILCS 705-3.07).

History

• Source: Added at 37 Ill. Reg. 6772, effective May 1, 2013

62 Ill. Adm. Code 230.30 Fees for Certificates of Competency

The following fees shall be paid to the Department for administration of certificate examinations and are non-refundable.

a) Applicants shall submit, along with the application, the following fee for each examination.

Certificate of Competency

Fee

State Mine Inspector

$50

Mine Manager

$50

Mine Examiner

$50

Electrical Hoisting Engineer

$50

General Surface Supervisor

$50

Independent Contractor Supervisor

$50

Shaft-Slope Supervisor

$50

Shaft-Slope Examiner

$50

Surface Mine Supervisor

$50

Shot Firer

$50

First Class

$50

Shaft-Slope Worker

$50

Crane Hoist Operator

$50

Mine Electrician

$50

b) The fee for a temporary Certificate of Competency is $50.

c) The fee for annual renewal of Mine Electrician certification is $25.

History

• Source: Amended at 38 Ill. Reg. 22827, effective November 18, 2014

62 Ill. Adm. Code 230.40 Procedure for Conducting Mine Electrician Examinations

a) Candidates seeking Certificates of Competency as Mine Electricians must complete an application provided by the Department and provide evidence of at least one year of experience in performing electrical work in a coal mine or acceptable related industry and pass an Illinois Mine Electrical Examination.

1. Evidence of experience must include details of electrical work, including but not limited to: dates of work, work performed and types of equipment upon which electrical work was conducted and the names of persons supervising the work.

2. An acceptable related industry can be one of the following: a non-coal mine, mine equipment manufacturing industry or any other industry using or manufacturing similar equipment.

b) Illinois Mine Electrical Examinations for Certificates of Competency as Mine Electricians will be in three categories:

1. Coal Mine Electrician – Surface and Underground;

2. Coal Mine Electrician – Surface Only; and

3. Coal Mine Electrician – Underground Only.

c) Candidates must submit to the Department evidence of eligibility at least 30 days prior to the scheduled examination.

d) Examinations will be conducted at least twice a year and additional examinations will be scheduled if needed. A public notice shall be given through the press or otherwise, not less than 10 days in advance, announcing the time and date for the examination.

e) Candidates may be eligible to take the Illinois Mine Electrical Examination if the candidate:

1. Is classified as an Apprentice Mine Electrician and have met the requirements for an apprentice.

A) An Apprentice Mine Electrician is an individual who has successfully completed the Illinois Basic Electrical Safety Training (IBEST), has completed or is in the process of completing the Illinois Initial Mine Electrical Training program and is in or has completed an approved Coal Mine Maintenance Training Program.

B) The IBEST is an 8-hour safety class approved by the Department. Satisfactory completion of the class requires attaining a minimum score of 80% on a written examination.

C) The Illinois Initial Mine Electrical Training Program is a 112-hour program approved by the Department that includes, but is not limited to: DC Theory, AC Theory, Mine Electrical Equipment, Permissibility, and State and Federal Regulations.

D) The Coal Mine Maintenance Training Program is a program approved by the Department in which the Apprentice Mine Electrician is working as a maintenance person. A log is kept of electrical repair and maintenance activities;

2. Possesses a Bachelor of Science degree in electrical engineering and provides proof of electrical experience as outlined in subsection (a)(1); or

3. Is qualified as a mine electrician but has not taken the examinations required in 30 CFR 75.153(a) and 77.103(a)(3).

f) The examination will be in three parts: written, oral and practical. The candidate must attain a minimum score of 80% on the written examination. The practical and oral examinations are pass/fail. The practical and oral examinations may be scheduled separately from the written examination.

g) Candidates failing to achieve 80% on any portion of the written examination will be given two additional opportunities to retake and pass the failed portion. Candidates failing the practical or oral examination will be given one additional opportunity to pass the failed examination. Candidates wishing to retake a failed portion of the written examination or the practical or oral examination may do so at the next subsequent scheduled examination.

h) Candidates failing to achieve a passing grade on the written, practical or oral examinations after the allotted number of opportunities to retake the examination will be required to retake the entire examination.

i) A Certificate of Competency will be provided to a candidate upon successfully passing all three examination parts.

j) An Illinois Mine Electrical Examination is not required if an individual possesses a current coal mine electrical certification from a Mine Safety and Health Administration (MSHA)-approved State coal mine electrical program or holds an MSHA electrical qualification card. These candidates must complete an 8-hour IBEST class provided by an Illinois-approved electrical instructor and attain a minimum score of 80% on a written examination administered by a representative from the Department. The written examination is 30 questions pertaining to State laws/regulations and arc flash. A Certification of Competency will be provided to the candidate upon completion of the class and successfully passing the written examination.

k) A person possessing a current coal mine electrical certification from an MSHA-approved State coal mine electrical program or holding an MSHA electrical qualification card may receive temporary certification as a Mine Electrician until the next 8-hour electrical safety IBEST class and until the required examination has been administered by a representative from the Department.

l) To maintain Illinois Mine Electrician certification, an individual must annually complete an 8-hour electrical refresher class provided by an Illinois-approved electrical instructor and a renewal fee must be paid to the Department either prior to or at the time of the class.

1. An individual who fails to attend the required annual refresher training will have his/her certification revoked.

2. To reinstate the Illinois Mine Electrician certification, an individual is required to comply with subsection (j).

m) Illinois Mine Electrician certification may be cancelled, revoked or suspended by the Illinois State Mining Board if it is established the holder of the certification has obtained the certification by fraud or misrepresentation of experience or becomes unworthy of certification by reason of violation of the law or regulation, intemperate habits, incapacity, abuse of authority or any other similar cause. The person against whom charges or complaints are made shall have the right to appear before the State Mining Board (see 62 Ill. Adm. Code 100).

n) Persons employed in the Illinois coal industry on January 1, 2015 who hold an MSHA electrical qualification card are exempt from the requirements of this Section until their first annual refresher class under subsection (l). Upon completion of the annual refresher class, individuals who wish to obtain Illinois Mine Electrician certification will receive an application. The completed application and fee shall be submitted to the Department and a Certificate of Competency as Mine Electrician will be issued.

History

• Source: Added at 38 Ill. Reg. 22827, effective November 18, 2014

Part 240 The Illinois Oil and Gas Act

62 Ill. Adm. Code 240.10 Definitions

"Act" – means the Illinois Oil and Gas Act [225 ILCS 725].

"Annular or Casing Injection/Disposal Well" – means a well into which fluids are injected between the surface casing and the well bore, the surface casing and the production casing, and/or the production casing and the tubing, or a well into which fluids are injected which does not have production casing, tubing and packer.

"Cement" – means all petroleum industry cements meeting the requirements set forth in "Specifications for Oil Well Cements and Cement Additives", API Standard 10A, January 1974, published by the American Petroleum Institute, 1220 L Street, Northwest, Washington DC 20005 (this incorporation does not include any later publications or editions), except as provided in Subpart K.

"Class II Fluids" means:

Produced water and/or other fluids brought to the surface in connection with drilling, completion, workover and plugging of oil and natural gas wells; enhanced recovery operations; or natural gas storage operations;

Produced water and/or other fluids from above, that prior to re-injection have been:

used on site for purposes integrally associated to oil and natural gas well drilling, completion, workover and plugging, oil and gas production, enhanced recovery operations or natural gas storage;

chemically treated or altered to the extent necessary to make them usable for purposes integrally related to oil and natural gas well drilling, completion, workover and plugging, oil and gas production, enhanced recovery operations, or natural gas storage operations;

commingled with fluid wastes resulting from fluid treatments outlined above, provided the commingled fluid wastes do not constitute a hazardous waste under the Resource Conservation and Recovery Act (42 USC 6901 et seq. (RCRA));

Fresh water from groundwater or surface water sources that is used for purposes integrally related or associated with oil and natural gas well drilling, completion, workover and plugging, oil and gas production, enhanced recovery operations or natural gas storage;

Waste fluids from gas plants (including filter backwash, precipitated sludge, iron sponge, hydrogen sulfide and scrubber liquid) that are an integral part of oil and gas production operations; and waste fluids from gas dehydration plants (including glycol-based compounds and filter backwash) that are an integral part of natural gas storage operations, unless the gas plant or gas dehydration plant wastes are classified as hazardous under RCRA.

"Class II UIC Well" – means an injection, disposal or commercial disposal well into which fluids are injected:

That are brought to the surface in connection with natural gas storage operations, or conventional oil or natural gas production, and may be commingled with wastewaters from gas plants that are an integral part of production operations, unless those waters are classified as a hazardous waste at the time of injection;

For enhanced recovery of oil or natural gas; and

For storage of hydrocarbons that are liquid at standard temperature and pressure.

"Commercial Disposal Well" – means a permitted Class II well for which the permittee receives deliveries of Class II fluids by tank truck and charges a fee for the specific purpose of disposal of Class II fluids.

"Commercial Production" − means oil and/or gas has been produced and sold from a well.

"Convert" – means to change an oil, gas, Class II UIC, water supply, observation or gas storage well to another of those types of wells, requiring the issuance of a new permit.

"Department" – means the Department of Natural Resources (Section 1 of the Act), with main offices located at One Natural Resources Way, Springfield IL 62702.

"Directional Drilling" – means the controlled directional drilling when the bottom of the well bore is directed away from the vertical position.

"Director" – means the Director of the Department of Natural Resources or his or her designee.

"Disposal Well" – means a Class II UIC well into which fluids brought to the surface in connection with oil or natural gas production are injected into a non-productive oil or gas zone for purposes other than enhanced oil recovery.

"District Office" – means the Department's office for the district in which the well is located.

"Enhanced Oil Recovery" – means any secondary or tertiary recovery method used in an effort to recover hydrocarbons from a pool by injection of fluids, gases or other substances to maintain, restore or augment natural reservoir energy, or by introducing gases, chemicals, other substances or heat or by in-situ combustion, or by any combination thereof. (Section 1 of the Act)

"Enhanced Oil Recovery Injection Well" – means a Class II UIC well used for enhanced oil recovery.

"Flowline" – means all injection, produced water, oil or gas flowlines located within the boundaries of a lease or unit, or gathering lines between leases to a centralized storage area, or to the point where the lines connect with a primary transportation pipeline.

"Fresh water" – means surface and subsurface water in its natural state useful for drinking water for human consumption, domestic livestock, irrigation, industrial, municipal and recreational purposes, and that will support aquatic life and contains less than 10,000 ppm total dissolved solids.

"General Oilfield Waste" – means oily rags, chemical containers including any unused chemicals, oil filters and gaskets, used motor oil, lubricating oils, hydraulic fluids, diesel fuels, paint and solvent wastes and other similar wastes generated during drilling, completion, production and plugging activities and that are not exempt from the provisions of Subtitle C of RCRA.

"Injection Well" – means an enhanced oil recovery injection well or disposal well.

"Liquid Oilfield Waste" – means oilfield brines, produced waters, Class II fluids, tank and pit crude oil bottom sediments, and drilling and completion fluids, to the extent those wastes are now or hereafter exempt from the provisions of Subtitle C of the Federal Resource Conservation Recovery Act of 1976. (Section 8c of the Act)

"Liquid Oilfield Waste Hauler" – means a person holding a permit to operate a liquid oilfield waste transportation system.

"Material Misrepresentation" – means knowingly submitting any untrue, misstated, misleading or deceptive information, or a document containing that information, or with knowledge of the concealment, suppression or omission of any information, in or from an application, permit, required record, or any other document required by the Act or this Part, that causes the Department to act differently than it would have if it had known the undisclosed or true information.

"Office" – means the Office of Oil and Gas Resource Management within the Department of Natural Resources.

"Orphan Well" – means a well for which:

no fee assessment under Section 19.7 of the Act has been paid or no other bond coverage has been provided for 2 consecutive years;

no oil or gas has been produced from the well or from the lease or unit on which the well is located for 2 consecutive years; and

no permittee or owner can be identified or located by the Department. Orphaned wells include wells that may have been drilled for purposes other than those for which a permit is required under the Act if the well is a conduit for oil or saltwater intrusions into freshwater zones or onto the surface which may be caused by oil and gas operations. (Section 1 of the Act)

"Owner" – means the person who has the right to drill into and produce from any pool, and to appropriate the production either for the person or for the person and another, or others, or solely for others, excluding the mineral owner's royalty if the right to drill and produce has been granted under an oil and gas lease. An owner may also be a person granted the right to drill and operate an injection (Class II UIC) well independent of the right to drill for and produce oil or gas. When the right to drill, produce, and appropriate production is held by more than one person, then all persons holding these rights may designate the owner by a written operating agreement or similar written agreement. In the absence of such an agreement, and subject to the provisions of Sections 22.2 and 23.1 through 23.16 of the Act, the owner shall be the person designated in writing by a majority in interest of the persons holding these rights. (Section 1 of the Act)

"Permit" – means the Department's written authorization allowing:

a well or test hole to be drilled, deepened, converted and/or operated by an owner (Section 1 of the Act); or

a tank battery or concrete storage structure to be constructed and operated; or

operation of a liquid oilfield waste transportation system or engage in lease road oiling.

"Permittee" – means the owner holding or required to hold the permit, and who is also responsible for paying assessments in accordance with Section 19.7 of the Act and, where applicable, executing and filing the bond associated with the well as principal and who is responsible for compliance with all statutory and regulatory requirements pertaining to the well. When the right and responsibility for operating a well is vested in a receiver or trustee appointed by a court of competent jurisdiction, the permit shall be issued to the receiver or trustee. (Section 1 of the Act) Permittee also means the owner or person required to hold the permit for a tank battery, pit, or concrete storage structure or a permit to engage in liquid oilfield waste hauling, lease road oiling, or test well and test hole drilling.

"Person" – means any natural person, corporation, association, partnership, governmental agency or other legal entity, receiver, trustee, guardian, executor, administrator, fiduciary or representative of any kind. (Section 1 of the Act)

"PRF" − means the Department's Plugging and Restoration Fund, established under Section 6 of the Act.

"Pool" – means a natural underground reservoir containing, in whole or in part, a natural accumulation of oil or gas, or both. Each productive zone or stratum of a general structure, which is completely separated from any other zone or stratum in the structure, is deemed a separate "pool". (Section 1 of the Act)

"Primary Oil Recovery" – means the initial drilling of a well in the effort to recover hydrocarbons for a pool that is not currently, nor was previously, subject to enhanced oil recovery.

"Post-Primary Oil Recovery" – means the drilling of a well in an effort to recover hydrocarbons from a pool that was previously subject to primary oil recovery or to enhanced oil recovery.

"Produced Water" – means water regardless of chloride and total dissolved solids (TDS) content that is produced in conjunction with oil and/or natural gas production and natural gas storage operations.

"Production Casing" – means the string of casing placed in a well and used for the purpose of isolating the production or injection formation.

"Repressure" – means to increase the reservoir pressure by the introduction of gas, air or water or other fluid into the reservoir.

"Reservoir" – for the purpose of this Part, is interchangeable with the term "pool".

"Rotary Drilling" – means the hydraulic process of drilling a well for oil or gas as that method is commonly used in the industry.

"Shooting" – means the exploding of nitroglycerin or other high explosives in a well for the purpose of increasing the production of oil or gas.

"Surface Waters" – means any river, stream, lake, pond or intermittent stream.

"Tank" – means a vessel into which oil or water is gathered, produced or stored.

"Tank Battery" – means one or more open or closed top tanks, of any capacity, that are located on a lease, unit or adjacent property, for the purpose of collecting, separating and/or storing crude oil and/or other liquid oilfield wastes that are generated as a result of oil and gas production operations.

"Undeveloped Limits of a Mine" – means that portion of a mine where the entries have not been driven to the boundaries of the mine property.

"Vacuum" – means pressure that is reduced below the pressure of the atmosphere.

"Water Drainage Way" – means any drainage ditch, roadside ditch, grassy waterway or any other natural or manmade surface or underground water drainage system.

"Well" – means any drill hole required to be permitted under Section 6(2) of the Act, including coal or mineral groundwater monitoring wells, structure test holes, coal test holes, and mineral test holes, and any other well required to be permitted under Sections 6 and 12 of the Act, including oil and gas production wells, water supply wells, Class II UIC injection wells, gas storage and gas storage monitoring wells, orphan wells, unpermitted leaking drill holes and plugged wells.

History

• Source: Amended at 40 Ill. Reg. 7051, effective April 22, 2016

62 Ill. Adm. Code 240.20 Prevention of Waste (repealed)

History

• Source: Repealed at 14 Ill. Reg. 2317, effective January 25, 1990

62 Ill. Adm. Code 240.30 Jurisdiction (repealed)

History

• Source: Repealed at 14 Ill. Reg. 2317, effective January 25, 1990

62 Ill. Adm. Code 240.40 Enforcement of Act (repealed)

History

• Source: Repealed at 14 Ill. Reg. 2317, effective January 25, 1990

62 Ill. Adm. Code 240.50 Delegation of Authority (repealed)

History

• Source: Repealed at 14 Ill. Reg. 2317, effective January 25, 1990

62 Ill. Adm. Code 240.60 Right of Inspection (repealed)

History

• Source: Repealed at 14 Ill. Reg. 2317, effective January 25, 1990

62 Ill. Adm. Code 240.70 Right of Access (repealed)

History

• Source: Repealed at 14 Ill. Reg. 2317, effective January 25, 1990

62 Ill. Adm. Code 240.80 Sworn Statements (repealed)

History

• Source: Repealed at 14 Ill. Reg. 2317, effective January 25, 1990

62 Ill. Adm. Code 240.90 Additional Reports (repealed)

History

• Source: Repealed at 14 Ill. Reg. 2317, effective January 25, 1990

62 Ill. Adm. Code 240.100 When Rules Become Effective (repealed)

History

• Source: Repealed at 14 Ill. Reg. 2317, effective January 25, 1990

62 Ill. Adm. Code 240.110 Notice of Rules (repealed)

History

• Source: Repealed at 14 Ill. Reg. 2317, effective January 25, 1990

62 Ill. Adm. Code 240.120 Forms (repealed)

History

• Source: Repealed at 14 Ill. Reg. 2317, effective January 25, 1990

62 Ill. Adm. Code 240.125 Notice

a) Except for notices of noncompliance issued under Section 240.140 and Director's decisions issued under Section 240.160, whenever the Department is required by the Act or this Part to serve notice upon a permittee, the Department shall give written notice to that person, personally or by certified mail with return receipt requested, sent to the address submitted by permittee as set forth in Section 240.1710. Permittees shall sign certified mail returned receipts for all mail received from the Department. (Section 9.1(b) of the Act)

b) Notice by Publication

1. If notice sent by certified mail is returned unsigned or undelivered, and upon due inquiry, the permittee cannot be found for personal delivery, the Department shall provide written notice of a hearing or other proceeding by a single publication of the notice in a newspaper published in the county where the well or wells at issue are located. (Section 9.1(c) of the Act)

2. If there is no newspaper published in that county, then the publication shall be in a newspaper published in an adjoining county in this State having a circulation in the county where the well or wells are located. (Section 9.1(c) of the Act)

3. The Department shall, within 10 days after the publication of the newspaper notice, send a copy of the notice, by certified mail with return receipt requested, to the address submitted by the permittee as set forth in Section 240.1710. (Section 9.1(c) of the Act)

4. The certificate of an authorized representative of the Department that newspaper notice was published and that a copy of the newspaper notice has been sent to the permittee pursuant to subsection (b)(3) is evidence that the Department has properly provided notice to the permittee for the hearing or other proceeding. (Section 9.1(c) of the Act)

5. Any notice required to be provided to a permittee under the Act or this Part shall include the identification of the well or wells at issue, the date, time, place and nature of the hearing or other proceeding, and the name and contact information of the Department where additional information can be obtained. (Section 9.1(d) of the Act)

History

• Source: Amended at 43 Ill. Reg. 10459, effective September 6, 2019

62 Ill. Adm. Code 240.130 Hearings--Notices (repealed)

History

• Source: Repealed at 18 Ill. Reg. 8061, effective May 13, 1994

62 Ill. Adm. Code 240.131 Unitization Hearings

a) Commencement of Action

Where separately owned tracts of land are underlain by all or a portion of a common pool of oil or gas or both, an interested person may petition the Department for an order unitizing those tracts, that is to combine those tracts within a unified operation, pursuant to Section 23.3 of the Act. The petition for a unitization order shall contain the following:

1. A legal description of the land and geologic description of the reservoirs within the proposed unit area;

2. The names of all persons owning or having an interest in the oil and gas rights in the proposed unit area as of the date of filing the petition, as disclosed by the records in the office of the recorder for the county or counties in which the unit area is situated, and their addresses, if known. If the address of any person or the name of any owner is unknown, the petition shall so indicate and shall state whether due diligence was used in locating the unknown address or unknown owner;

3. A statement of the type of operations contemplated for the unit area;

4. A copy of a proposed plan of unitization signed by persons owning not less than 51% of the working interest underlying the surface within the area proposed to be unitized, which the petitioner considers fair, reasonable and equitable; said plan of unitization shall include (or provide in a separate unit operating agreement, if there be more than one working interest owner, a copy of which shall accompany the petition) the following:

A) A plan for allocating to each separately owned tract in the unit area its share of the oil and gas produced from the unit area and not required or consumed in the conduct of the operation of the unit area or unavoidably lost; the plan shall include the participation factors for each tract and a detailed description of the methodology and supporting data used to calculate the participation factors.

B) A provision indicating how unit expense shall be determined and charged to the several owners, including a provision for carrying or otherwise financing any working interest owner who has not executed the proposed plan of unitization and who elects to be carried or otherwise financed, and allowing the unit operator, for the benefit of those working interest owners who have paid the development and operating costs, the recovery of not more than 150% of such person's actual share of development costs of the unit plus operating costs, with interest. Recovery of the money advanced to owners wishing to be financed, for development and operating costs of the unit, together with such other sums provided for herein, shall only be recoverable from such owner's share of unit production from the unit area.

C) A procedure and basis upon which wells, equipment, and other properties of the several working interest owners within the unit area are to be taken over and used for unit operations, including the method of arriving at the compensation therefor.

D) A plan for maintaining effective supervision and conduct of unit operations, in respect to which each working interest owner shall have a vote with a value corresponding to the percentage of unit expense chargeable against the interest of such owner.

E) A summary of the total cumulative production to date, the estimated additional total recoverable reserves from the proposed unit and the estimated total development cost and operating cost of the unit;

5. The name and addresses of the proposed operator or operators of the unit;

6. A map showing the tracts or group of leases included within the proposed unit area, the location of the proposed injection well or wells and the name, permit number, and location of all oil and gas wells, including abandoned wells, active wells and dry holes and the reservoirs in which all such wells are currently completed, and the names of all operators offsetting the proposed unit area and the name, description and depth of the producing zones in those areas;

7. A map showing the structure of the geologic horizon that best represents the structure of the proposed reservoirs to be unitized;

8. A listing of the reservoirs to be unitized and a map showing the productive portion, thickness, and extent of each reservoir;

9. An induction or electric log of a representative well completed in the proposed unitized reservoirs;

10. A description of the injection medium to be used, its source and the estimated amounts to be injected daily;

11. A description of the proposed plan of development of the area included within the unit;

12. An allegation of the facts required to be found by the Department under Section 23.5 of the Act. The required facts are as follows:

A) That the unitized management and operation is economically feasible and reasonably necessary to increase the ultimate recovery of oil and gas, to prevent waste, and to protect correlative rights;

B) That the value of the estimated ultimate additional recovery of oil and gas will exceed the estimated additional cost, if any, incident to conducting the unit operation;

C) That the areal extent of the pool or pools, or parts thereof, has been reasonably defined and determined by drilling operations, and the unitization and operation of such will have no substantially adverse effect upon the remainder of the pool or pools, or parts thereof;

D) That the allocation of unit production to each separately owned tract is fair, reasonable and equitable to all owners of oil and gas rights in the unit area;

E) That the determination and allocation of unit expense is fair, reasonable and equitable to the working interest owners; and

F) That the compensation or adjustment for wells, equipment and other properties of the working interest owners is fair, reasonable and equitable.

b) Execution and Filing

1. The petition for an order creating a unit pursuant to Section 23.3 of the Act shall be sent to the Department at One Natural Resources Way, Springfield IL 62702.

2. Every petition shall be signed by the petitioner or his or her representative and the petitioner's address shall be stated on the petition. The signature of the petitioner or his or her representative constitutes a certificate that he or she has read the petition and that, to the best of his or her knowledge, information and belief, there is good ground to support the petition. The petition shall be accompanied by a non-refundable application fee in the amount of $2,500.

3. If the Department finds the petition deficient relative to the requirements of subsection (a), subsection (b)(2) or Section 240.250(b), the petition shall not be accepted and the Department shall return the petition to the applicant with a statement as to the deficiencies. The Department shall return any unaccepted petition within 30 days after its receipt. A returned petition shall not be considered filed until the deficiencies have been cured.

c) Notice of Hearing

1. Upon the receipt of an accepted petition for unitization, the Department shall fix the time and place for a public hearing, which shall be no less than 30 days nor more than 60 days after the date of the filing of said petition. The Department shall prepare a notice of hearing, which shall issue in the name of the State of Illinois and shall be signed by the Director. Such notice shall specify the number and style of the proceedings, the time and place of the hearing, the purpose of the hearing, the name of the petitioner, and a legal description of the lands contained within the proposed unit area. (Section 23.4 of the Act) The notice shall also state that any interested person may file an entry of appearance in the hearing by submitting an entry of appearance in writing to the Department and that person shall be deemed a party of record in the proceeding.

2. The Department shall mail the notice to the petitioner who shall then serve notice in the following manner:

A) By mailing the notice by U.S. Postal Service certified mail, return receipt requested, directed to the persons named in the petition at their last known addresses at least 20 days prior to the hearing; and

B) By publication of such notice for service on those persons whose addresses are unknown or whose names are unknown, once each week for 2 consecutive weeks, with the first notice appearing at least 20 days prior to the hearing, in a newspaper of general circulation published in each county containing some portion of the proposed unit area. (Section 23.4 of the Act)

3. Whenever the Department determines that a notice of hearing should be served upon a person because the granting or denying of the relief requested in the petition would materially affect that person's rights or property, the Department shall cause notice to be sent to the person, as provided in this subsection (c).

d) Pre-Hearing Conferences

1. Upon his or her own motion or the motion of a party, the Hearing Officer shall direct the parties or their counsel to meet for a conference in order to:

A) Simplify the factual and legal issues presented by the hearing request;

B) Receive stipulations and admissions of fact and of the contents and authenticity of documents;

C) Exchange lists of witnesses the parties intend to have testify and copies of all documents the parties intend to introduce into evidence at the hearing; and

D) Discuss and resolve such other matters as may tend to expedite the disposition of the hearing request and to assure a just conclusion.

2. Pre-hearing conferences may be held by telephone conference if that procedure is acceptable to all parties.

e) Hearing

1. Conduct of Hearing: Every hearing shall be conducted by a Hearing Officer designated by the Director. The Hearing Officer shall take all necessary action to avoid delay, to maintain order and to develop a clear and complete record, and shall have all powers necessary and appropriate to conduct a fair hearing and to render a decision on the petition, including the following:

A) To administer oaths and affirmations;

B) To receive relevant evidence;

C) To regulate the course of the hearing and the conduct of the parties and their counsel;

D) To consider and rule upon procedural requests;

E) To examine witnesses and direct witnesses to testify, limit the number of times any witness may testify, limit repetitive or cumulative testimony and set reasonable limits on the amount of time each witness may testify; and

F) To require the production of documents or subpoena the appearance of witnesses, either on the Hearing Officer's own motion or for good cause shown on motion of any party of record. The Hearing Officer may require that relevant documents be produced to any party of record on his or her own motion or for good cause shown on motion of any party of record.

2. Every interested person wishing to participate at the hearing shall enter an appearance in writing. The Hearing Officer shall determine if the interested person shall be allowed to enter as a party of record. The Hearing Officer shall base that determination on the same standards used to determine parties in the Circuit Court.

3. All participants in the hearing shall have the right to be represented by counsel.

4. The Hearing Officer shall allow all parties to present statements, testimony, evidence and argument as may be relevant to the proceeding.

5. At least one representative of the Department shall appear at any hearing held under this Section and shall be given the opportunity to question parties or otherwise elicit information necessary to reach a decision on the petition.

6. Preliminary Matters: When applicable, the following shall be addressed prior to receiving evidence:

A) The petitioner may offer preliminary exhibits, including documents necessary to present the issues to be heard, notices, proof of service of the notice of hearing, proof of publication and orders previously entered in the cause.

B) Ruling may be made on any pending motions.

C) Any other preliminary matters appropriate for disposition prior to presentation of evidence may be addressed.

f) Evidence

1. Admissibility: A party shall be entitled to present his or her case by oral or documentary evidence, to submit rebuttal evidence, and to conduct cross-examination as may be required for a full and true disclosure of the facts. Any oral or documentary evidence may be received but the presiding Hearing Officer shall exclude evidence that is irrelevant, immaterial or unduly repetitious. The rules of evidence and privilege applied in civil cases in the courts of the State of Illinois shall be followed; however, evidence not admissible under those rules of evidence may be admitted, except when precluded by statute, if it is of a type commonly relied upon by reasonable, prudent men in the conduct of their affairs. Subject to these requirements, when a hearing will be expedited and the interests of the parties will not be prejudiced, a Hearing Officer shall allow evidence to be received in written form.

2. Official Notice: Official notice may be taken of any material fact not appearing in evidence in the record if the circuit courts of this State could take judicial notice of that fact. In addition, notice may be taken of generally recognized technical or scientific facts within the Department's specialized knowledge.

3. Order of Proof: The petitioner shall open the proof. Other parties of record shall be heard immediately following the petitioner. The Hearing Officer or Department representatives may examine any witnesses. In all cases, the Hearing Officer shall designate the order of proof and may limit the scope of examination or cross-examination.

4. Briefs: The Hearing Officer may require or allow parties to submit written briefs to the Hearing Officer within 10 days after the close of the hearing or within such other time as the Hearing Officer shall determine as being consistent with the Department's responsibility for an expeditious decision.

g) Record of Proceedings; Testimony

The Department shall provide at its expense a certified shorthand reporter to take down the testimony and preserve a record of all proceedings at the hearing. Any person testifying shall be required to do so under oath. However, relevant unsworn statements, comments and observations by any interested person may be heard and considered by the Department and included in the record.

h) Postponement or Continuance of Hearing

A hearing may be postponed or continued for due cause by the Hearing Officer upon his or her own motion or upon the motion of a party to the hearing. A motion filed by a party to the hearing shall set forth facts attesting that the request for continuance is not for the purpose of delay. Except in the case of an emergency, motions requesting postponement or continuance shall be made in writing and shall be received by all parties to the hearing at least 3 business days prior to the scheduled hearing date. All parties involved in a hearing shall avoid undue delay caused by repetitive postponements or continuances so that the subject matter of the hearing may be resolved expeditiously.

i) Default

If a party, after proper service of notice, fails to appear at the pre-hearing conference or at a hearing, and if no continuance is granted, the Department may then proceed to make its decision in the absence of that party. If the failure to appear at a pre-hearing conference or hearing is due to an emergency situation beyond the parties' control, and the Department is notified of the situation on or before the scheduled pre-hearing conference or hearing, the pre-hearing conference or hearing will be continued or postponed pursuant to Section 240.131(h). Emergency situations include sudden unavailability of counsel, sudden illness of a party or his or her representative, or similar situations beyond the parties' control.

j) Order

1. Upon the conclusion of any hearing held under this Section, the Hearing Officer, after consultation with the Department representatives, shall prepare an order disposing of the petition, which shall be presented to the Director for entry. The Department shall render a decision within 30 days after the hearing unless all parties that have appeared agree to waive this requirement.

2. The order shall grant the petition for unitization if based on the record the Hearing Officer finds all of the following:

A) That the unitized management and operation is economically feasible and reasonably necessary to increase the ultimate recovery of oil and gas, to prevent waste, and to protect correlative rights;

B) That the value of the estimated ultimate additional recovery of oil and gas will exceed the estimated additional cost, if any, incident to conducting the unit operation;

C) That the areal extent of the pool or pools, or parts thereof, has been reasonably defined and determined by drilling operations, and the unitization and operation of such will have no substantially adverse effect upon the remainder of the pool or pools, or parts thereof;

D) That the allocation of unit production to each separately owned tract is fair, reasonable and equitable to all owners of oil and gas rights in the unit area;

E) That the determination and allocation of unit expense is fair, reasonable and equitable to the working interest owners; and

F) That the compensation or adjustment for wells, equipment and other properties of the working interest owners is fair, reasonable and equitable. (Section 23.5 of the Act)

3. If the petition is granted the order shall provide for the authorization of the unit and unitized operation, as proposed by the petitioner, upon such terms and conditions as may be shown by the evidence to be fair, reasonable, equitable and that are necessary or proper to protect and safeguard the respective rights and obligations of the working interest owners and royalty owners, and for the protection of correlative rights and the prevention of waste. The order shall state the time the unit operation shall become effective and the manner in which and the circumstances under which the unit operation shall terminate.

4. Except as provided in subsection (j)(5), the order shall deny and dismiss the petition for unitization if, based on the record, the Hearing Officer finds that the petitioner has failed to establish the requirements for formation of a unit set forth in subsection (j)(2). An order denying and dismissing a petition for unitization shall be entered within 30 days after the hearing. Such order shall set forth the reasons for dismissal, and the same shall be promptly filed by the petitioner, if notice was filed under Section 23.3(2) of the Act, in the recorder's office of the county or counties wherein the land is situated. (Section 23.6 of the Act)

5. As an alternative to denying the petition for unitization, the Department may issue an interim order outlining the substantive deficiencies that must be cured by the petitioner in order to avoid dismissal. If the petitioner supplies the information requested by the Department, a new hearing shall be scheduled in order to examine the documents. If the petitioner fails to comply with the interim order, the petition shall be denied. The Department shall send notice of the hearing to all parties of record.

k) Approval of Plan of Utilization − Effective Date of Order

No order of the Department providing for unit operations shall become effective unless and until the plan of unitization has been approved in writing by those persons who, under the order, will be required to pay at least 51% of the unit expense, and also by the persons owning at least 51% of the unit production or proceeds thereof that will be credited to interests which are free of unit expense, including but not limited to, royalties, overriding royalties, carried interests, net profit interests, and production payments, and the Director has made such a finding, either in the order providing for unit operations or in a supplemental order, that the plan of unitization has been so approved; provided, however, that if any person is obligated to pay 51% or more, but less than 100% of the unit expense, the approval of that person and at least one other such person shall be required; and if one person entitled to production or proceeds thereof will be credited to interests which are free of unit expense, owns 51% or more, but less than 100%, the approval of that person and at least one other such person shall be required. If the plan of unitization has not been so approved at the time the order providing for unit operations is issued, the Department shall, upon petition and notice, hold such supplemental hearings as may be required to determine if and when the plan of unitization has been so approved and shall issue a supplemental order evidencing such approval. If the requisite number of persons and the requisite percentage of interests in the unit area do not approve the plan of unitization within a period of 6 months from the date on which the order providing for unit operations is made, such order shall be revoked by the Department unless for good cause shown the Department extends said time for an additional period of time not to exceed one year. (Section 23.8 of the Act)

l) Notice of Order − Recordation

Within 10 days after an order has been issued, a copy of the order shall be mailed by the Department to each person or his or her attorney of record who has entered an appearance in the matter pursuant to which the order is issued. The petitioner shall cause to be recorded in the office of the county clerk of the county or counties in which the unit is situated a copy of the order providing for unit operations.

m) Order − Final Administrative Decision

The Director's order is a final administrative decision of the Department, pursuant to Section 10 of the Act.

History

• Source: Amended at 38 Ill. Reg. 18717, effective August 29, 2014

62 Ill. Adm. Code 240.132 Integration Hearings

a) Commencement of Action

When the oil or gas rights within a drilling unit are separately owned and the owners of those rights have not voluntarily agreed to integrate or pool those rights to develop the oil or gas, an owner may petition the Department for an order integrating those rights, pursuant to Section 22.2 of the Act. The petition for an order integrating interests shall contain the following:

1. The name and address of the petitioner;

2. The petitioner's reasons for desiring to integrate the separately owned interests;

3. A legal land description of the drilling unit sought to be established;

4. A geologic report of the area where the proposed drilling unit is to be located, indicating the potential presence of reservoirs;

5. A description of the interest owned by the petitioner and each person named in the petition;

6. The names of all persons who have not agreed to integrate their interests owning or having an interest in the oil and gas rights in the proposed drilling unit as of the date of filing the petition, as disclosed by the records in the office of the recorder for the county or counties in which the drilling unit is situated, and their addresses, if known. If the address of any person is unknown, the petition shall so indicate;

7. A statement that the owners have not agreed to integrate their interests;

8. A statement that the petitioner has exercised due diligence to locate each owner and that a bona fide effort was made to reach an agreement with each owner as to how the unit would be developed;

9. A statement that no action has been commenced by the owners seeking permission to drill pursuant to the provisions of the Oil and Gas Rights Act [765 ILCS 520];

10. Any other information relevant to protect correlative rights of the parties sought to be affected by the order.

b) Execution and Filing

1. The petition for an order requiring integration pursuant to Section 22.2 of the Act shall be sent to the Department at One Natural Resources Way, Springfield IL 62702.

2. Every petition shall be signed by the petitioner or his or her representative and the petitioner's address shall be stated on the petition. The signature of the petitioner or the petitioner's representative constitutes a certificate that he or she has read the petition and that, to the best of his or her knowledge, information and belief, there is good ground to support the petition. The petition shall be accompanied by a non-refundable application fee in the amount of $1,500.

3. If the Department finds the petition deficient relative to the requirements of subsection (a), subsection (b)(2) or Section 240.250(b), the petition shall not be accepted and the Department shall return the petition to the applicant with a statement as to the deficiencies. The Department shall return any unaccepted petition within 30 days after its receipt. A returned petition shall not be considered filed until the deficiencies have been cured.

c) Notice of Hearing

1. Upon the receipt of an accepted petition for integration, the Department will fix the time and place for a hearing.

2. The Department shall prepare a notice of hearing that shall issue in the name of the State of Illinois and shall be signed by the Director. The notice shall specify the number and style of the proceeding, the time and place of the hearing, the purpose of the hearing, the name of the petitioner, and a legal description of the lands embraced within the proposed drilling unit. The notice shall also state that any interested person may file an entry of appearance in the hearing by submitting an entry of appearance in writing to the Department and that person shall be deemed a party of record in the proceeding.

3. The Department shall mail the notice to the petitioner who shall then serve notice in the following manner:

A) By mailing the notice by U.S. Postal Service certified mail, return receipt requested, directed to the persons named in the petition at their last known addresses at least 20 days prior to the hearing; and

B) By publication of the notice for service on those persons whose addresses are unknown or whose names are unknown, once each week for 2 consecutive weeks, with the first notice appearing at least 20 days prior to the hearing in a newspaper of general circulation published in each county containing some portion of the proposed integrated unit.

4. Whenever the Department shall determines that a notice of hearing should be served upon a person because the granting or denying of the relief requested in the petition would materially affect that person's rights or property, the Department shall cause notice to be sent to the person, as provided in this subsection (c).

d) Pre-Hearing Conferences

1. Upon his or her own motion or the motion of a party, the Hearing Officer shall direct the parties or their counsel to meet for a conference in order to:

A) Simplify the factual and legal issues presented by the hearing request;

B) Receive stipulations, admissions of fact and the contents and authenticity of documents;

C) Exchange lists of witnesses the parties intend to have testify and copies of all documents the parties intend to introduce into evidence at the hearing; and

D) Discuss and resolve such other matters as may tend to expedite the disposition of the hearing request and to assure a just conclusion.

2. Pre-hearing conferences may be held by telephone conference if that procedure is acceptable to all parties.

e) Hearing

1. Conduct of Hearing: Every hearing shall be conducted by a Hearing Officer designated by the Director. The Hearing Officer shall take all necessary action to avoid delay, to maintain order and to develop a clear and complete record, and shall have all powers necessary and appropriate to conduct a fair hearing and to render a decision on the petition, including the following:

A) To administer oaths and affirmations;

B) To receive relevant evidence;

C) To regulate the course of the hearing and the conduct of the parties and their counsel;

D) To consider and rule upon procedural requests;

E) To examine witnesses and direct witnesses to testify, limit the number of times any witness may testify, limit repetitive or cumulative testimony and set reasonable limits on the amount of time each witness may testify; and

F) To require the production of documents or subpoena the appearance of witnesses, either on the Hearing Officer's own motion or for good cause shown on motion of any party of record. The Hearing Officer may require that relevant documents be produced to any party of record on his or her own motion or for good cause shown on motion of any party of record.

2. Every interested person wishing to participate at the hearing shall enter an appearance in writing. The Hearing Officer shall determine if the interested person shall be allowed to enter as a party of record. The Hearing Officer shall base that determination on the same standards used to determine parties in the Circuit Court.

3. All participants in the hearing shall have the right to be represented by counsel.

4. The Hearing Officer shall allow all parties to present statements, testimony, evidence and argument as may be relevant to the proceeding.

5. At least one representative of the Department shall appear at any hearing held under this Section and shall be given the opportunity to question parties or otherwise elicit information necessary to reach a decision on the petition.

6. Preliminary Matters: When applicable, the following shall be addressed prior to receiving evidence:

A) The petitioner may offer preliminary exhibits, including documents necessary to present the issues to be heard, notices, proof of publication and orders previously entered in the cause.

B) Ruling may be made on any pending motions.

C) Any other preliminary matters appropriate for disposition prior to presentation of evidence may be addressed.

f) Evidence

1. Admissibility: A party shall be entitled to present his or her case by oral or documentary evidence, to submit rebuttal evidence, and to conduct cross-examination as may be required for a full and true disclosure of the facts. Any oral or documentary evidence may be received but the presiding Hearing Officer shall exclude evidence that is irrelevant, immaterial or unduly repetitious. The rules of evidence and privilege applied in civil cases in the courts of the State of Illinois shall be followed; however, evidence not admissible under those rules of evidence may be admitted, except when precluded by statute, if it is of a type commonly relied upon by reasonable, prudent men in the conduct of their affairs. Subject to these requirements, when a hearing will be expedited and the interests of the parties will not be prejudiced, a Hearing Officer shall allow evidence to be received in written form.

2. Official Notice: Official notice may be taken of any material fact not appearing in evidence in the record if the circuit courts of this State could take judicial notice of that fact. In addition, notice may be taken of generally recognized technical or scientific facts within the Department's specialized knowledge.

3. Order of Proof: The petitioner shall open the proof. Other parties of record shall be heard immediately following the petitioner. The Hearing Officer or Department representatives may examine any witnesses. In all cases, the Hearing Officer shall designate the order of proof and may limit the scope of examination or cross-examination.

4. Briefs: The Hearing Officer may require or allow parties to submit written briefs to the Hearing Officer within 10 days after the close of the hearing or within such other time as the Hearing Officer shall determine as being consistent with the Department's responsibility for an expeditious decision.

g) Record of Proceedings; Testimony

The Department shall provide at its expense a certified shorthand reporter to take down the testimony and preserve a record of all proceedings at the hearing. Any person testifying shall be required to do so under oath. However, relevant unsworn statements, comments and observations by any interested person may be heard and considered by the Department and included in the record.

h) Postponement or Continuance of Hearing

A hearing may be postponed or continued for due cause by the Hearing Officer upon his or her own motion or upon the motion of a party to the hearing. A motion filed by a party to the hearing shall set forth facts attesting that the request for continuance is not for the purpose of delay. Except in the case of any emergency, motions requesting postponement or continuance shall be made in writing and shall be received by all parties to the hearing at least 3 business days prior to the scheduled hearing date. All parties involved in a hearing shall avoid undue delay caused by repetitive postponements or continuances so that the subject matter of the hearing may be resolved expeditiously.

i) Default

If a party, after proper service of notice, fails to appear at the pre-hearing conference or at a hearing, and if no continuance is granted, the Department may then proceed to make its decision in the absence of that party. If the failure to appear at a pre-hearing conference or hearing is due to an emergency situation beyond the parties' control, and the Department is notified of the situation on or before the scheduled pre-hearing conference or hearing, the pre-hearing conference or hearing will be continued or postponed pursuant to Section 240.132(h). Emergency situations include sudden unavailability of counsel, sudden illness of a party or his or her representative, or similar situations beyond the parties' control.

j) Order

1. Upon the conclusion of any hearing held under this Section, the Hearing Officer, after consultation with the Department representatives, shall prepare an order disposing of the petition, which shall be presented to the Director for entry.

2. In making the determination of integrating separately owned interests, and determining to whom the permit should be issued, the Department may consider:

A) The reasons requiring the integration of separate interests;

B) The respective interests of the parties in the drilling unit sought to be established, and the pool or pools in the field where the proposed drilling unit is located;

C) Any parties' prior or present compliance with the Act and the Department's rules; and

D) Any other information relevant to protect the correlative rights of the parties sought to be affected by the integration order.

3. Each order integrating separately owned interests shall authorize the drilling, testing, completing, equipping, and operation of a well on the drilling unit; provide who may drill and operate the well; prescribe the time and manner in which all the owners in the drilling unit may elect to participate therein; and make provision for the payment by all those who elect to participate therein of the reasonable actual cost thereof, plus a reasonable charge for supervision and interest. Should an owner not elect to voluntarily participate in the risk and costs of the drilling, testing, completing and operation of a well as determined by the Department, the integration order shall provide either that:

A) The nonparticipating owner shall surrender a leasehold interest to the participating owners on a basis and for such terms and consideration the Department finds fair and reasonable; or

B) The nonparticipating owner shall share in a proportionate part of the production of oil and gas from the drilling unit determined by the Department, and pay a proportionate part of operation cost after the participating owners have recovered from the production of oil or gas from a well all actual costs in the drilling, testing, completing and operation of the well plus a penalty to be determined by the Department of not less than 100% nor more than 300% of such actual costs.

4. For the purpose of this Section, the owner or owners of oil and gas rights in and under an unleased tract of land shall be regarded as a lessee to the extent of a 7/8 interest in and to said rights and a lessor to the extent of the remaining 1/8 interest therein.

5. In the event of any dispute relative to costs and expenses of drilling, testing, equipping, completing and operating a well, the Department shall determine the proper costs after due notice to interested parties and a hearing thereon. The operator of such unit, in addition to any other right provided by the integration order of the Department, shall have a lien on the mineral leasehold estate or rights owned by the other owners therein and upon their shares of the production from such unit to the extent that costs incurred in the development and operation upon said unit are a charge against such interest by order of the Department or by operation of law. Such liens shall be separable as to each separate owner within such unit, and shall remain liens until the owner or owners drilling or operating the well have been paid the amount due under the terms of the integration order. (Section 22.2 of the Act)

6. As an alternative to denying the petition for integration, the Department may issue an interim order outlining the substantive deficiencies that must be cured by the petitioner in order to avoid dismissal. If the petitioner supplies the information requested by the Department, a new hearing shall be scheduled in order to examine the documents. If the petitioner fails to comply with the interim order, the petition shall be denied. The Department shall send notice of the hearing to all parties of record.

7. An integration order establishing a drilling unit shall terminate one year from the effective date of the order unless a well has been drilled on the unit within that time. If a well has been drilled on the unit within that time, the integration order shall terminate when the well is plugged.

k) Notice of Order − Recordation

Within 10 days after an order has been issued, a copy of the order shall be mailed by the Department to each person or his or her attorney of record who has entered an appearance in the matter pursuant to which the order is issued and to each working interest owner who has not agreed to an integration. The petitioner shall cause to be recorded in the office of the county clerk of the county or counties in which the drilling unit is situated a copy of the order providing for integration of the separate interests.

l) Order − Final Administrative Decision

The Director's order is a final administrative decision of the Department, pursuant to Section 10 of the Act.

History

• Source: Amended at 38 Ill. Reg. 18717, effective August 29, 2014

62 Ill. Adm. Code 240.133 Hearings to Establish Pool-Wide Drilling Units

a) Commencement of Action

1. Any interested person may petition the Department for a hearing to establish a drilling unit or units for the production of oil and gas or either of them for each pool to which the interested person owns some portion of the oil and gas. (Section 21.1 of the Act)

2. The petition for hearing to establish a drilling unit or units shall contain the following:

A) The name and address of the petitioner;

B) A legal description of the size of the drilling unit sought to be established;

C) A legal description of the extent of the reservoir to which the drilling unit or units are sought to be established;

D) A list of the names and addresses of all permittees of oil or gas interests in the reservoir;

E) A geologic description of the pool and an isopach and structure map of the reservoir, for which the drilling unit is sought showing the productive limits of the reservoir;

F) A plat showing all oil and gas or water injection or storage wells completed within the pool (reservoir);

G) Geologic and engineering reports outlining the reasons for and data supporting the proposed size of the drilling unit or units.

3. If the establishment of a drilling unit or units would require the integration of separately owned interests in the drilling unit or units, the petitioner may contemporaneously file a petition under Section 240.132 and the matters shall then be consolidated and heard together.

b) Execution and Filing

1. The petition to establish drilling units shall be sent to the Department at One Natural Resources Way, Springfield IL 62702.

2. Every petition shall be signed by the petitioner or his or her representative and the petitioner's address shall be stated on the petition. The signature of the petitioner or his or her representative constitutes a certificate that he or she has read the petition and that, to the best of his or her knowledge, information and belief, there is good ground to support the petition. The petition shall be accompanied by a non-refundable application fee in the amount of $2,500.

3. If the Department finds the petition deficient relative to the requirements of subsection (a), subsection (b)(2) or Section 240.250(b), the petition shall not be accepted and the Department shall return the petition to the applicant with a statement as to the deficiencies. The Department shall return any unaccepted petition within 30 days after its receipt. A returned petition shall not be considered filed until the deficiencies have been cured.

c) Notice of Hearing

1. Upon the receipt of an accepted petition to establish drilling units, the Department shall fix the time and place for a hearing.

2. The Department shall prepare a notice of hearing, which shall issue in the name of the State of Illinois and shall be signed by the Director. The notice shall specify the number and style of the proceeding, the time and place of the hearing, the purpose of the hearing, the name of the petitioner, and a legal description of the affected lands. The notice shall also state that any interested person may file an entry of appearance in the hearing by submitting an entry of appearance in writing to the Department and that person shall be deemed a party of record in the proceeding.

3. The Department shall mail the notice to the petitioner who shall then serve notice in the following manner:

A) By mailing the notice by U.S. Postal Service certified mail with return receipt, directed to the persons named in the petition pursuant to subsection (a)(2)(D) at their last known addresses at least 20 days prior to the hearing; and

B) By publication of the notice for service on those persons whose addresses are unknown or whose names are unknown and for those owners of unleased mineral rights, once each week for 2 consecutive weeks, with the first notice appearing at least 20 days prior to the hearing in a newspaper of general circulation published in each county containing some portion of the proposed integrated unit.

4. Whenever the Department determines that a notice of hearing should be served upon a person because the granting or denying of the relief requested in the petition would materially affect that person's rights or property, the Department shall cause notice to be sent to the person, as provided in this subsection (c).

d) Pre-Hearing Conferences

1. Upon his or her own motion or the motion of a party, the Hearing Officer shall direct the parties or their counsel to meet for a conference in order to:

A) Simplify the factual and legal issues presented by the hearing request;

B) Receive stipulations, admissions of fact and of the contents and authenticity of documents;

C) Exchange lists of witnesses the parties intend to have testify and copies of all documents the parties intend to introduce into evidence at the hearing; and

D) Discuss and resolve such other matters as may tend to expedite the disposition of the hearing request and to assure a just conclusion.

2. Pre-hearing conferences may be held by telephone conference if that procedure is acceptable to all parties.

e) Hearing

1. Conduct of Hearing: Every hearing shall be conducted by a Hearing Officer designated by the Director. The Hearing Officer shall take all necessary action to avoid delay, to maintain order and to develop a clear and complete record, and shall have all powers necessary and appropriate to conduct a fair hearing and to render a decision on the petition, including the following:

A) To administer oaths and affirmations;

B) To receive relevant evidence;

C) To regulate the course of the hearing and the conduct of the parties and their counsel;

D) To consider and rule upon procedural requests;

E) To examine witnesses and direct witnesses to testify, limit the number of times any witness may testify, limit repetitive or cumulative testimony and set reasonable limits on the amount of time each witness may testify;

F) To require the production of documents or subpoena the appearance of witnesses, either on the Hearing Officer's own motion or for good cause shown on motion of any party of record.

2. Every interested person wishing to participate at the hearing shall enter an appearance in writing. The Hearing Officer shall determine if the interested person shall be allowed to enter as a party of record. The Hearing Officer shall base that determination on the same standards used to determine parties in the Circuit Court.

3. All participants in the hearing shall have the right to be represented by counsel.

4. The Hearing Officer shall allow all parties to present statements, testimony, evidence and argument as may be relevant to the proceeding.

5. At least one representative of the Department shall appear at any hearing held under this Section and shall be given the opportunity to question parties or otherwise elicit information necessary to reach a decision on the petition.

6. When applicable, the following shall be addressed prior to receiving evidence:

A) The petitioner may offer preliminary exhibits, including documents necessary to present the issues to be heard, notices, proof of publication and orders previously entered in the cause.

B) Ruling may be made on any pending motions.

C) Any other preliminary matters appropriate for disposition prior to presentation of evidence may be addressed.

f) Evidence

1. Admissibility: A party shall be entitled to present his or her case by oral or documentary evidence, to submit rebuttal evidence, and to conduct cross-examination as may be required for a full and true disclosure of the facts. Any oral or documentary evidence may be received but the presiding Hearing Officer shall exclude evidence that is irrelevant, immaterial or unduly repetitious. The rules of evidence and privilege applied in civil cases in the courts of the State of Illinois shall be followed; however, evidence not admissible under those rules of evidence may be admitted, except when precluded by statute, if it is of a type commonly relied upon by reasonable, prudent men in the conduct of their affairs. Subject to these requirements, when a hearing will be expedited and the interests of the parties will not be prejudiced, a Hearing Officer shall allow evidence to be received in written form.

2. Official Notice: Official notice may be taken of any material fact not appearing in evidence in the record if the circuit courts of this State could take judicial notice of that fact. In addition, notice may be taken of generally recognized technical or scientific facts within the Department's specialized knowledge.

3. Order of Proof: The petitioner shall open the proof. Other parties of record shall be heard immediately following the petitioner. The Hearing Officer or Department representatives may examine any witnesses. In all cases, the Hearing Officer shall designate the order of proof and may limit the scope of examination or cross-examination.

4. Briefs: The Hearing Officer may require or allow parties to submit written briefs to the Hearing Officer within 10 days after the close of the hearing or within such other time as the Hearing Officer shall determine as being consistent with the Department's responsibility for an expeditious decision.

g) Record of Proceedings; Testimony

The Department shall provide at its expense a certified shorthand reporter to take down the testimony and preserve a record of all proceedings at the hearing. Any person testifying shall be required to do so under oath. However, relevant unsworn statements, comments and observations by any interested person may be heard and considered by the Department and included in the record.

h) Postponement or Continuance of Hearing

A hearing may be postponed or continued for due cause by the Hearing Officer upon his or her own motion or upon the motion of a party to the hearing. A motion filed by a party to the hearing shall set forth facts attesting that the request for continuance is not for the purpose of delay. Except in the case of an emergency, motions requesting postponement or continuance shall be made in writing and shall be received by all parties to the hearing at least 3 business days prior to the scheduled hearing date. All parties involved in a hearing shall avoid undue delay caused by repetitive postponements or continuances so that the subject matter of the hearing may be resolved expeditiously.

i) Default

If a party, after proper service of notice, fails to appear at the pre-hearing conference or at a hearing, and if no continuance is granted, the Department may then proceed to make its decision in the absence of that party. If the failure to appear at a pre-hearing conference or hearing is due to an emergency situation beyond the parties' control, and the Department is notified of the situation on or before the scheduled pre-hearing conference or hearing date, the pre-hearing conference or hearing will be continued or postponed pursuant to Section 240.133(h). Emergency situations include sudden unavailability of counsel, sudden illness of a party or his or her representative, or similar situations beyond the parties' control.

j) Order

1. Upon the conclusion of any hearing held under this Section, the Hearing Officer, after consultation with the Department representatives, shall prepare an order disposing of the petition, which shall be presented to the Director for entry.

2. The order shall grant the petition based on the record if the Hearing Officer finds that establishing the drilling unit will prevent waste, protect the correlative rights of the owners in the pools, and prevent the unnecessary drilling of wells.

3. No drilling unit shall be established which requires the allocation of more than 40 acres of surface area nor less than 10 acres of surface area to an individual well for production of oil from a pool the top of which lies less than 4000 feet beneath the surface (as determined by the original or discovery well in the pool) provided, however, that the Department may permit the allocation of greater acreage to an individual well and provided further that the spacing of wells in any pool the top of which lies less than 4000 feet beneath the surface (as determined by the original or discovery well in the pool) shall not include the fixing of a pattern except with respect to the 2 nearest external boundary lines of each drilling unit. (Section 21.1 of the Act)

4. The drilling units established by an order under this Section shall be of approximately uniform size and shape for each entire pool, except that where circumstances reasonably require, the Department may grant exceptions to the size or shape of any drilling unit or units, in which case the order shall state the particular circumstances that require the exception.

5. Each order establishing drilling units shall specify the size and shape of the unit, which shall be such as will result in the efficient and economical development of the pool as a whole, and subject to the provisions of subsection (j)(3), the size of no drilling unit shall be smaller than the maximum area that can be efficiently and economically drained by one well.

6. Each order establishing drilling units for a pool shall cover all lands determined or believed to be underlain by such pool. Each order establishing drilling units may be modified by the Department to change the size thereof, or to permit the drilling of additional wells.

7. Each order establishing drilling units shall prohibit the drilling of more than one well on any drilling unit for the production of oil or gas from the particular pool with respect to which the drilling unit is established and subject to the provisions of subsection (j)(3) shall specify the location for the drilling of such well thereon, in accordance with a reasonably uniform spacing pattern, with necessary exceptions for wells drilled or drilling at the time of the application. If the Department finds, after notice and hearing, notice being made as provided in this Section to all parties of record in the proceeding, that surface conditions would substantially add to the burden or hazard of drilling such well at the specified location, or for some other reason it would be inequitable or unreasonable to require a well to be drilled at the specified location, the Department may issue an order permitting the well to be drilled at a location other than that specified in the order establishing drilling units.

8. After the date of the notice for a hearing called to establish drilling units, no additional well shall be commenced for production from the pool until the order establishing drilling units has been issued unless the commencement of the well is authorized by order of the Department.

9. After an order establishing a drilling unit or units has been issued by the Department, the commencement of drilling of any well or wells into the pool with regard to which such unit was established for the purpose of producing oil or gas therefrom, at a location other than that authorized by the order, or by order granting exception to the original spacing order is hereby prohibited. (Section 21.1 of the Act)

10. As an alternative to denying the petition for a drilling unit, the Department may issue an interim order outlining the substantive deficiencies that must be cured by the petitioner in order to avoid dismissal. If the petitioner supplies the information requested by the Department, a new hearing shall be scheduled in order to examine the documents. If the petitioner fails to comply with the interim order, the petition shall be denied. The Department shall send notice of the hearing to all parties of record.

k) Order − Final Administrative Decision

The Director's order is a final administrative decision of the Department, pursuant to Section 10 of the Act.

History

• Source: Amended at 38 Ill. Reg. 18717, effective August 29, 2014

62 Ill. Adm. Code 240.134 Lease Validation Petitions

a) The following definitions are applicable to this Subpart:

"Current Permittee" means the permittee of record for wells located within the prior oil and gas leases.

"New Oil and Gas Leases" means recorded operative oil and gas lease instruments or assignments of those oil and gas leases or recorded after the prior oil and gas leases, submitted by the proposed permittee in support of an application for a permit to operate, drill, deepen, transfer, amend or convert to a well subject to this Part and describing all or a portion of the lands described in the prior oil and gas leases.

"Prior Oil and Gas Leases" means recorded oil and gas lease instruments or assignments of those oil and gas leases in place when the Department granted the current permittee a permit to operate, drill, deepen, transfer, amend or convert to a well subject to this Part on the lands covered by the prior oil and gas leases.

"Proposed Permittee" means the person seeking to obtain a new permit to operate, drill, deepen, transfer, amend or convert to a well subject to this Part that is located on lands covered by prior oil and gas leases upon which a current permittee was previously granted a permit by the Department.

b) Petition

A proposed permittee seeking a permit to operate, drill, deepen, transfer, amend or convert to a well subject to this Part that is located on lands subject to a prior oil and gas lease or leases under which the current permittee was previously granted a permit by the Department may submit a petition requesting the Department to determine whether the new oil and gas leases submitted by the proposed permittee in support of the permit application are operative on the basis that the prior oil and gas leases covering the same lands have terminated due to nondevelopment or nonproduction.

c) Contents of the petition shall include:

1. the name and address of the proposed permittee;

2. the proposed permittee's reason for requesting a determination from the Department;

3. a copy of prior oil and gas leases at issue;

4. a copy of new oil and gas leases at issue; and

5. a copy of an affidavit of nondevelopment or nonproduction signed by the mineral owners or other knowledgeable individuals familiar with the history of development and production of oil or gas as to the lands (Section 6.2 of the Act) covered by the prior oil and gas leases, and properly recorded in the county where the lands subject to the new oil and gas leases are located.

d) Execution and Filing

1. The petition to validate the new oil and gas leases in accordance with this Section shall be sent to the Department offices located at One Natural Resources Way, Springfield IL 62702.

2. Every petition shall be signed by the proposed permittee or his or her representative and the proposed permittee's address shall be stated on the petition. The signature of the proposed permittee or his or her representative constitutes a certificate by him or her that he or she has read the petition and that, to the best of his or her knowledge, information and belief, there are good grounds to support the petition. The petition shall be accompanied by a nonrefundable application fee in the amount of $1,000 (Section 6.2 of the Act).

3. If the Department finds the petition deficient relative to the requirements of subsection (b) or (c), the petition shall not be accepted and the Department shall return the petition to the proposed permittee with a statement of the deficiencies. The Department shall return any unaccepted petition within 30 days after its receipt. The proposed permittee shall have 60 days to remedy the deficiencies and resubmit the petition to the Department. If the proposed permittee does not respond to the Department within 60 days, the petition shall be dismissed.

e) Review of Petition; Rebuttable Presumption

1. Within 14 days after receipt of the petition, the Department shall review the petition and determine if it creates a rebuttable presumption that the prior oil and gas leases have terminated due to nondevelopment or nonproduction and are of no further force and effect and that the new oil and gas leases are operative and effective.

2. To create a rebuttable presumption, affidavits of nondevelopment or nonproduction from knowledgeable individuals familiar with the history of development and production of oil or gas from those lands, together with other evidence provided to or available from the Department, shall reasonably indicate that there has been no development or production of oil and gas on the lands described in the prior oil and gas leases for at least 24 consecutive months subsequent to the expiration of the primary term or any extension of the primary term as set forth in the leases. (Section 6.2 of the Act)

3. Upon a determination of a rebuttable presumption that the prior oil and gas leases are terminated, the Department shall notify the proposed permittee of the finding and send notice to the current permittee as set forth in subsection (f).

4. If the Department previously denied a petition based on prior oil and gas leases that are later subject to a court order or judgment declaring that the prior oil and gas leases are terminated, the proposed permittee shall submit the judgment to the Department. Upon receipt and review of the court order or judgment, the Department will issue a final order declaring the prior oil and gas leases terminated as set forth in subsection (p).

f) Service of Determination on Current Permittee

Upon the Department's determination of a rebuttable presumption that the prior oil and gas leases have terminated due to nonproduction or nondevelopment and are of no further force and effect and that the new oil and gas leases are operative and effective, the Department shall serve the current permittee notice of the determination according to the notice requirements set forth in Section 240.125. The current permittee shall have 30 days from the receipt of notice to request a hearing to rebut the presumption that the prior oil and gas leases have terminated. (Section 6.2 of the Act)

g) Default for Failure to Request Hearing

Failure by the current permittee to request a hearing within 30 days after receipt of the notice of the Department's determination, as set forth in subsection (f), will result in default and issuance of a final order by the Department finding that the prior oil and gas leases have terminated and that the new oil and gas leases are operative and effective as set forth in subsection (p).

h) Scheduling and Notice of Hearing

Following a timely request for hearing by the current permittee, the Department will schedule a hearing at which the current permittee can rebut the presumption that the prior oil and gas leases have terminated. Notice of the hearing shall be served on the current permittee and the proposed permittee by the Department according to Section 240.125 at least 14 days prior to the hearing.

i) Pre-Hearing Conferences

Upon his or her own motion or the motion of a party, the Hearing Officer shall direct the parties or their counsel to meet for a conference in order to:

1. Simplify the factual and legal issues presented by the hearing request;

2. Receive stipulations and admissions of fact and of the contents and authenticity of documents;

3. Exchange lists of witnesses the parties intend to have testify and copies of all documents the parties intend to introduce into evidence at the hearing; and

4. Discuss and resolve other matters that may tend to expedite the disposition of the hearing request and to assure a just conclusion.

j) Hearing

1. Conduct of Hearing

Every hearing shall be conducted by a Hearing Officer designated by the Director. The Hearing Officer shall take all necessary action to avoid delay, to maintain order, and to develop a clear and complete record, and shall have all powers necessary and appropriate to conduct a fair hearing and to render a decision on the petition, including the power to:

A) Administer oaths and affirmations;

B) Receive relevant evidence;

C) Regulate the course of the hearing and the conduct of the parties and their counsel;

D) Consider and rule upon procedural requests;

E) Examine witnesses and direct witnesses to testify, limit the number of times any witness may testify, limit repetitive or cumulative testimony, and set reasonable limits on the amount of time each witness may testify;

F) Require the production of documents or subpoena the appearance of witnesses, either on the Hearing Officer's own motion or for good cause shown on motion of any party of record.

2. Hearing Location

All hearings under this Subpart shall be conducted in the Department's offices located in Springfield, Illinois. However, the Department may conduct a hearing under this Subpart at a site located closer than Springfield, Illinois to the production and injection/disposal well identified in the Notice of Hearing if facilities are available and satisfactory to the Department.

3. Appearances

Every interested person wishing to participate at the hearing shall enter an appearance in writing. The Hearing Officer shall determine if the interested person will be allowed to enter as a party of record. The Hearing Officer shall base that determination on the same standards used to determine parties in Circuit Court.

4. Right to Counsel

A) All participants in the hearing shall have the right to be represented by counsel.

B) An attorney appearing in a representative capacity in any proceeding under this Subpart shall file a written notice of appearance identifying his or her name, address and telephone number and identifying the party represented.

5. The Hearing Officer shall allow all parties to present statements, testimony, evidence and argument as may be relevant to the proceeding.

6. At least one representative of the Department shall appear at any hearing held under this Section and shall be given the opportunity to question parties or otherwise elicit information necessary to reach a decision on the petition.

7. When applicable, the following shall be addressed prior to receiving evidence:

A) The proposed permittee may offer preliminary exhibits, including documents necessary to present the issues to be heard, notices, proof of publication and orders previously entered in the case.

B) Ruling may be made on any pending motions.

C) Any other preliminary matters appropriate for disposition prior to presentation of evidence may be addressed.

k) Evidence

1. Admissibility

A party shall be entitled to present his or her case by oral or documentary evidence, to submit rebuttal evidence, and to conduct cross‑examination as may be required for a full and true disclosure of the facts. Any oral or documentary evidence received by the presiding Hearing Officer shall exclude evidence that is irrelevant, immaterial or unduly repetitious. The rules of evidence and privilege applied in civil cases in the courts of the State of Illinois shall be followed; however, evidence not admissible under those rules of evidence may be admitted, except when it would have been precluded by reasonable, prudent men in the conduct of their affairs. Subject to these requirements, when a hearing will be expedited and the interests of the parties will not be prejudiced, a Hearing Officer shall allow evidence to be received in written form.

2. Official Notice

Official notice may be taken of any material fact not appearing in evidence in the record if the circuit courts of this State could take judicial notice of that fact. In addition, notice may be taken of generally recognized technical or scientific facts within the Department's specialized knowledge.

3. Order of Proof

The proposed permittee shall open the proof. Other parties of record shall be heard immediately following the proposed permittee. The Hearing Officer or Department representatives may examine any witnesses. In all cases, the Hearing Officer shall designate the order of proof and may limit the scope of examination or cross-examination.

4. Briefs

The Hearing Officer may require or allow parties to submit written briefs to the Hearing Officer within 10 days after the close of the hearing or within such other time as the Hearing Officer shall determine is consistent with the Department's responsibility for an expeditious decision.

l) Testimony

Any person testifying shall be required to do so under oath. However, relevant unsworn statements, comments and observations by any interested person may be heard and considered by the Department and included in the record.

m) Postponement or Continuance of Hearing

A hearing may be postponed or continued for due cause by the Hearing Officer upon his or her own motion or upon the motion of a party to the hearing. A motion filed by a party to the hearing shall set forth facts attesting that the request for continuance is not for the purpose of delay. Except in the case of an emergency, motions requesting postponement or continuance shall be made in writing and shall be received by all parties to the hearing.

n) Default After Hearing Requested

If a party, after proper service of notice, fails to appear at the pre-hearing conference or at a hearing, and if no continuance is granted, the Department may proceed to make its decision in the absence of that party. If the failure to appear at the pre‑hearing conference or hearing is due to an emergency situation beyond the party's control, and the Department is notified of the situation on or before the scheduled pre‑hearing conference or hearing date, the pre-hearing conference or hearing will be continued or postponed pursuant to subsection (m). Emergency situations include sudden unavailability of counsel, sudden illness of a party or his or her representative, or similar situations beyond the party's control.

o) Hearing Officer Recommended Findings

After the conclusion of the hearing, the Hearing Officer shall render recommended findings of fact, recommended conclusions of law, and recommendations as to the disposition of the case. If the Hearing Officer finds that the affidavits and other evidence provided at the hearing or available to the Department reasonably indicate that there has been no development or production of oil and gas on the lands described in the prior oil and gas leases for at least 24 consecutive months subsequent to the expiration of the primary term or any extension of the primary term as set forth in the prior oil and gas leases, the Hearing Officer shall recommend whether the rebuttable presumption was not overcome and that the prior oil and gas leases have terminated and are of no further force and effect or that the new oil and gas leases are operative and effective.

p) Order – Final Administrative Decision

1. The Director shall review the administrative record in conjunction with the Hearing Officer's recommended findings of fact, recommended conclusions of law, and recommendations as to the disposition of the case.

2. If, after this review, the Director finds that the rebuttable presumption was overcome by the current permittee, the Department shall enter a Final Administrative Order that the prior oil and gas leases are still in force and effect and the new oil and gas leases are not operative and effective.

3. If, after this review, the Director finds that the rebuttable presumption was not overcome by the current permittee, the Department shall enter a Final Administrative Order that the prior oil and gas leases have terminated and are of no further force and effect and that the new oil and gas leases are operative and effective. The Final Administrative Order shall:

A) State that the prior oil and gas leases have terminated and are of no further force and effect and that the new oil and gas leases are operative and effective.

B) Order the current permittee to properly plug all nonplugged and nontransferred wells within the lease boundaries of the prior leases. (Section 6.2 of the Act)

C) Order that if the current permittee fails to properly plug all nonplugged and nontransferred wells within 30 days after the issuance of the Order, the remaining nonplugged and nontransferred wells shall be deemed abandoned and included in the Department's Oil and Gas Well Site Plugging and Restoration Program (see Subpart K). (Section 6.2 of the Act)

D) The proposed permittee shall have no obligation to acquire the permits of the current permittee as to the lands that are the subject of the petition.

4. In no case shall the Department issue the Order later than 90 days after receipt of a valid petition. (Section 6.2 of the Act)

5. The Director's Order is a final administrative decision of the Department and is subject to judicial review under the Administrative Review Law [735 ILCS 5/Art. III].

6. Department determinations under this Section shall not have res judicata or collateral estoppel effect in any judicial proceedings. (Section 6.2 of the Act)

History

• Source: Added at 40 Ill. Reg. 7051, effective April 22, 2016; expedited correction at 40 Ill. Reg. 11042, effective April 22, 2016

Chapter I Department of Natural Resources

Part 240 The Illinois Oil and Gas Act

62 Ill. Adm. Code 240.135 Falsification or Misstatement of Information

No person shall falsify or make a material misrepresentation on or relative to any application, permit, required record, or other document required to be submitted to the Department by the Act or this Part. (Section 8d of the Act)

History

• Source: Added at 40 Ill. Reg. 7051, effective April 22, 2016

62 Ill. Adm. Code 240.140 Notice of Noncompliance

a) When an inspector or other authorized employee or agent of the Department determines that any permittee has not fully complied with any requirement of the Act or this Part or any permit condition, and the inspector or other authorized employee or agent also finds that the noncompliance was not caused by the permittee's deliberate action; that any action necessary to return the permittee to compliance is able to be completed within a specified date certain, as established by the Department representative, not to exceed 180 days from the date of the determination that the permittee is not in compliance; and that the noncompliance has not caused, and cannot reasonably be expected to cause, significant environmental harm or damage to property, the noncompliant conditions shall be documented by the Department on a notice of noncompliance without the need for the issuance of a notice of violation pursuant to Section 240.150. The notice of noncompliance shall indicate the nature and circumstances of the noncompliance, the amount of time granted to permittee, and the abatement activities required to return the permittee to compliance. A copy of the notice of noncompliance shall be delivered to the permittee or his or her representative at the time it is prepared, and the original shall be forwarded to the Director. If the permittee is unable to abate the noncompliance in the time indicated in the notice, permittee may provide a written request for an extension to the District Office that issued the notice. If the District Office denies the request, the permittee may submit the request to the Director. All extension requests must be received by the District Office or Director prior to the expiration of the initial deadline or any extensions. Upon reasonable cause, the time to abate may be extended by the Department but shall not exceed 180 days from the date the noncompliance was determined.

b) If the abatement activities required under subsection (a) are not completed as specified in the notice of noncompliance, the inspector or other authorized employee or agent of the Department shall issue a notice of violation in accordance with Section 240.150 and/or a cessation order in accordance with Section 240.185.

c) The provisions of this Section shall not apply to the following instances of noncompliance:

1. Drilling or operating, without a permit or completed permit transfer from the Department, a well required to be permitted under the Act;

2. Operating an annular or casing injection/disposal well or a well with pressure on the annulus;

3. Failure to maintain required performance bond or pay annual well fees for wells under permit;

4. Failure to renew Temporary Abandonment status on a well or secure approved Temporary Abandonment status following a denial of Temporary Abandonment status on a well;

5. Failure to establish mechanical integrity on a Class II well or repair a Class II well following failure of mechanical integrity;

6. Operating a well that has been placed in the Plugging and Restoration Program;

7. Failure to provide emergency response for a crude oil or saltwater spill;

8. Improper discharge or disposal of produced fluids;

9. Operating a well in violation of spacing requirements or permit conditions; and

10. Failure to restore a well site after plugging.

History

• Source: Amended at 43 Ill. Reg. 10459, effective September 6, 2019

62 Ill. Adm. Code 240.150 Notice of Violation

a) When an inspector or other authorized employee or agent of the Department determines that any permittee, or any person engaged in conduct or activities required to be permitted under the Act is in violation of any requirement of the Act or this Part or any permit condition, or has falsified or otherwise misstated any information on or relative to the permit application, a notice of violation shall be completed and delivered to the Director (Section 8 of the Act). If the inspector or other authorized employee or agent of the Department observes conditions that require immediate attention, the inspector shall comply with the requirements of Section 240.185.

b) The notice of violation shall contain:

1. A statement regarding the nature of the violation, including a citation to the specific Section of the Department's rules or Section of the Act alleged to have been violated;

2. The action needed to abate the violation, including any appropriate remedial measures to prevent future violations, such as replacement, repair, testing, and reworking a well and any appurtenances and equipment;

3. The time within which the violation is to be abated; and

4. Any factors known to the person completing the notice of violation in aggravation or mitigation of the violation and the existence of any factors indicating that the permit should be conditioned or modified. (Section 8 of the Act).

c) Aggravating factors may include, but are not limited to, documented evidence that:

1. violation resulted from permittee's or person's deliberate conduct;

2. permittee or person failed to make reasonable efforts to maintain equipment;

3. violation resulted in threatened or actual damage to soil and/or the land surface, vegetation or crops, surface water, groundwater, livestock or wildlife;

4. violation created a hazard to the safety of any person;

5. permittee or person failed to comply with notice of noncompliance related to violation;

6. permittee or person received warning of potential adverse conditions, resulting in violation, prior to violation occurring;

7. permittee or person failed to provide reasonable response to condition creating the violations.

d) Mitigating factors may include, but are not limited to, documented evidence that:

1. person or permittee provided proactive response to conditions creating the violation;

2. violation did not result in threatened or actual damage to soil and/or the land surface, vegetation or crops, surface water, groundwater, livestock or wildlife;

3. violation was caused by circumstances outside of the control of the person or permittee;

4. person or permittee voluntarily reported the violation to the Department.

History

• Source: Amended at 43 Ill. Reg. 10459, effective September 6, 2019

Chapter I Department of Natural Resources

Part 240 The Illinois Oil and Gas Act

62 Ill. Adm. Code 240.155 Civil Complaint

a) The Department may elect to file an action with the Attorney General with or without issuing a notice of violation pursuant to Section 240.150.

b) In accordance with Section 11 of the Act, the Department through the Attorney General shall bring an action in the name of the People of the State of Illinois against such person in the circuit court of the county wherein any part of the land or any activity which is the subject matter of such action is located, or a final administrative order was entered, to restrain such person from continuing such violation or from carrying out the threat of violation. In such action the Department, in the name of the People of the State of Illinois, may obtain such injunctions, prohibitory and mandatory, including temporary restraining orders and preliminary injunctions, or other enforcement orders as the facts may warrant, including but not limited to:

1. an assessment of civil penalties not to exceed $1,000 per day for each and every act of violation documented in the previous 2 years; and/or

2. submission of a bond in accordance with Subpart O; and/or

3. denial of new drilling and/or operating permits.

c) The provisions of this Section apply to the following:

1. violations of any requirement of the Act that the Department determines creates a substantial and imminent danger to the health or safety of the public; or

2. violations of the Act that pose an imminent danger of substantial environmental harm or cause environmental damage to property or contamination of surface or ground waters of the State as a result of improper disposal, release, or discharge of produced fluid; or

3. the permittee has shown a pattern of documented events involving improper disposal, release, or discharge of produced fluids within the previous 2 years from the date of the most recent event.

History

• Source: Amended at 35 Ill. Reg. 13281, effective July 26, 2011

62 Ill. Adm. Code 240.160 Director's Decision

a) Upon receipt of a notice of violation, the Director shall conduct an investigation and may affirm, vacate or modify the notice of violation. In determining whether to take action in addition to remedial action necessary to abate a violation, the Director shall consider:

1. the person's or permittee's history of previous violations, including violations at other locations and under other permits.

A) A violation for which no penalty has been assessed shall not be counted if the Director's Decision associated with the violation is the subject of pending administrative review by the Department under Section 240.180 or if the time to request a review has not expired, and thereafter it shall be counted for only two years after the date of the Department's final administrative order or a final judicial decision affirming the Department's order, if administrative review of the Department's final administrative order is sought.

B) A violation for which a penalty has been assessed shall not be counted if the Director's Decision associated with the violation is the subject of pending administrative review by the Department under Section 240.180 or if the time to request a review has not expired, and thereafter it shall be counted for only three years after the date of the Department's final administrative order or a final judicial decision affirming the Department's order, if administrative review of the Department's final administrative order is sought.

C) No violation for which the notice of violation has been vacated shall be counted;

2. the seriousness of the violation, including any irreparable harm to the environment or damage to property;

3. the degree of culpability of the person or permittee; and

4. the existence of any additional conditions or factors in aggravation or mitigation of the violation, including information provided by the person or permittee. (Section 8a of the Act).

b) Modification of the notice of violation may include:

1. any different or additional remedial actions required to abate the violation, not listed in the original notice of violation, and the time within which the violation must be abated;

2. the assessment of civil penalties not to exceed $5,000 for each and every falsification or material misrepresentation and $1,000 a day, from the date the permittee knew or should have known of the existence of facts or conditions that resulted in the violations and for as long as the violation continues, for each and every act of violation not subject to the separate $5,000 penalty for falsification and material misrepresentation;

3. probationary or permanent modification or conditions on the permit, which may include special monitoring or reporting requirements; and

4. revocation of the permit. (Section 8a of the Act)

c) The Director shall determine whether or not to assess civil penalties based on the factors set forth in subsection (a). Except for violations listed in subsection (d), the Director may not assess a civil penalty if the violation is abated within the time frame originally set by the Department or any extensions granted by the Department. If a violation is not abated within that timeframe, or if the violation is listed in subsection (d) and the Department assesses a penalty, the penalty shall not exceed $5,000 for each and every falsification or material misrepresentation and $1,000 per day, from the date the permittee knew or should have known of the existence of facts or conditions that resulted in the violations and for as long as the violation continues, for each and every act of violation not subject to the $5,000 penalty for falsification and material misrepresentation (Section 8a of the Act).

d) The Department shall have the discretion to assess a civil penalty for the following violations, even if the violation is abated within the timeframe granted by the Department:

1. drilling, deepening, converting or operating, without a permit or completed permit transfer from the Department, a well required to be permitted under the Act;

2. failure to prohibit waste as defined in the Act;

3. operating an annular or casing injection/disposal well or a well with pressure on the annulus;

4. failure to maintain the required performance bond for wells under permit or operating wells without paying annual well fees;

5. failure to repay all expended funds from the Plugging and Restoration Fund prior to operating any other existing wells under permit;

6. failure to secure approved Temporary Abandonment status or plug a well following a denial of Temporary Abandonment status;

7. failure to establish mechanical integrity on a Class II UIC well or to plug or repair a Class II UIC well following failure of mechanical integrity;

8. failure to shut in a Class II UIC well that fails an internal mechanical integrity test or on which an internal mechanical integrity test has not been performed;

9. operating a Class II injection or disposal well in excess of the permitted maximum injection pressure or rate;

10. failure to confine injection fluid to the permitted formation;

11. failure to abate a notice of noncompliance, issued under Section 240.140 within the time granted by the Department;

12. operating a well that has been placed in the Plugging and Restoration Program;

13. failure to notify the Department of a reportable crude oil or produced water spill;

14. failure to notify the Department of a natural gas release or natural gas incident at an underground natural gas storage field;

15. failure to provide emergency response for a crude oil or produced water spill;

16. failure to provide emergency response for a natural gas release or natural gas incident at an underground natural gas storage field;

17. failure to provide notice of a natural gas incident as required by Section 7.5 of the Act;

18. failure to remediate a crude oil or saltwater spill;

19. improper discharge or disposal of produced fluids or liquid oilfield wastes;

20. operating a liquid oilfield waste transportation system or vehicle without a permit;

21. knowingly using the services of an unpermitted liquid oilfield waste transporter;

22. failure to contain gas to a permitted storage formation;

23. operating a well in violation of spacing requirements or permit conditions;

24. failure to plug an uncased well;

25. failure to restore a well site after plugging;

26. failure to maintain a well, flowline or other equipment in a leak-free condition;

27. falsification or material misrepresentation in violation of Section 240.135; and

28. any willful or knowing violation.

e) Any person who willfully or knowingly authorized, ordered, or carried out any violation cited in the Director's decision shall be subject, after notice, to the same actions, including civil penalties, which may be imposed on the person or permittee under this Section. (Section 8a of the Act)

f) The Director shall serve the person or permittee with his or her decision at the conclusion of the investigation. The Director's decision shall provide that the person or permittee has the right to request a hearing in accordance with Section 240.180. The Director's decision affirming, vacating or modifying the notice of violation shall be considered served when mailed by first class mail to the person or permittee at his or her last known address. (Section 8a of the Act)

g) A Director's decision not appealed in accordance with Section 240.180 within 30 days after service shall serve as the Department's final administrative order, pursuant to Section 8a and become a final administrative decision of the Department, pursuant to Section 10 of the Act. The filing of a request for hearing under Section 240.180 shall not operate as a stay of the Director's decision. (Section 8a of the Act)

h) The permittee or person subject to the Director's decision may, within 30 days from the date of service of the Director's decision, submit to the Department, in writing, any mitigating factors that permittee believes to be relevant to the violation cited in the Director's decision. Within 30 days from the date of service of the Director's decision, the permittee or person subject to the Director's decision may also request to enter into a settlement agreement with the Department.

i) Upon further investigation, or after receiving additional information from the permittee or person as allowed for under subjection (h), the Director may enter into a settlement agreement, issue an amended Director's decision, or issue a replacement Director's decision.

1. The Department may enter into a settlement agreement with the permittee or person subject to the Director's decision in order to:

A) extend the amount of time provided to complete remedial actions necessary to abate the violations set forth in the Director's decision; or

B) reduce the civil penalty assessed in the Director's decision;

C) allow new permits or the transfer of existing permits to be issued during the term of the settlement agreement; or

D) modify any probationary or permanent modifications or conditions on the permit ordered in the Director's decision.

2. An amended Director's decision shall be issued to:

A) modify the amount of time provided to complete remedial action necessary to abate the violation set forth in the Director's decision; or

B) modify the civil penalty assessed in the Director's decision.

3. A replacement Director's decision shall be issued to correct an administrative error contained in the Director's decision.

4. The permittee shall have no right to hearing associated with the issuance of an amended or replacement Director's decision unless the period to appeal the original Director's decision has not expired or the amended or replacement Director's decision alleges new facts, violations, or additional or modified civil penalties, not contained in the original Director's decision.

j) If the Director's decision includes the assessment of a civil penalty, and the person or permittee named in the Director's decision does not request a hearing in accordance with Section 240.180 to contest the amount of the penalty, the amount assessed shall be paid to the Department in full within 30 days after service of the Director's decision.

k) All civil penalties assessed and paid to the Department shall be deposited in the Underground Resources Conservation Enforcement Fund. (Section 8a of the Act)

History

• Source: Amended at 43 Ill. Reg. 10459, effective September 6, 2019

62 Ill. Adm. Code 240.170 Cessation Order (repealed)

History

• Source: Repealed at 22 Ill. Reg. 8422, effective April 28, 1998

62 Ill. Adm. Code 240.180 Enforcement Hearings

a) A person or permittee shall have 30 days from the date of service of the Director's decision to request a hearing. (Section 8a of the Act) A person or permittee seeking to contest any Director's decision in which a civil penalty has been assessed shall submit the assessed amount to the Department, by cashier's check or money order, together with a timely request for hearing. The assessed amount shall be deposited by the Department pending the outcome of the hearing. The assessed amount shall be refunded to the person or permittee at the conclusion of the hearing if the Department does not prevail. All requests for hearing shall be mailed or delivered to the Department's office located in Springfield, Illinois.

b) Upon receipt of a request for hearing submitted in accordance with subsection (a), the Department shall provide an opportunity for a formal hearing upon not less than 5 days written notice mailed to the permittee or person submitting the hearing request. (Section 8a of the Act) The hearing shall be conducted by a Hearing Officer designated by the Director and shall be conducted in accordance with the following procedures:

1. Pre-Hearing Conference

A) A pre-hearing conference shall be scheduled within 30 days after the request for hearing:

i) to define the factual and legal issues to be litigated at the administrative hearing;

ii) to determine the timing and scope of discovery available to the parties;

iii) to set a date for the parties to exchange all documents they intend to introduce into evidence during the hearing, a list of all witnesses the parties intend to have testify and a summary of the testimony of each witness;

iv) to schedule a date for the administrative hearing; and

v) to arrive at an equitable settlement of the hearing request, if possible.

B) Pre-hearing conferences under this Section may be conducted via telephone conference if that procedure is acceptable to all parties to the hearing. In the event that a telephone conference is not acceptable to all parties, the pre-hearing conference shall be conducted at the place designated by the Hearing Officer.

C) Either party may file motions for default judgment, motions for summary judgment, motions for protective orders and motions for orders compelling discovery. The Department's Hearing Officer shall render an order granting or denying motions filed within 15 days after service. Any order granting a motion for default judgment or a motion for summary judgment shall constitute the Department's final administrative decision as to the matter being contested.

2. If a settlement agreement is entered into at any stage of the hearing process, the person to whom the notice of violation or cessation order was issued will be deemed to have waived all right to further review of the violation or civil penalty in question, except as otherwise expressly provided for in the settlement agreement. The settlement agreement shall contain a waiver clause to this effect. All settlement agreements shall be executed by the Hearing Officer and shall constitute the Department's final administrative decision as to matter being contested.

3. All hearings under this Section shall be conducted in accordance with Article 10 of the Illinois Administrative Procedure Act [5 ILCS 100/Art. 10].

4. All hearings conducted pursuant to this Section are open to the public and are held in compliance with the Americans With Disabilities Act of 1990 (42 USC 12101 et seq.). The hearings will be held at locations ordered by the Hearing Officer. The Hearing Officer will select hearing locations that comply with any geographic requirements imposed by applicable law and, to the extent feasible, promote the convenience of the parties and the conservation of the Department's resources. All hearings are subject to cancellation without notice. Interested persons may contact the Department or the Hearing Officer for information about the hearing. Parties, participants and members of the public must conduct themselves with decorum at the hearing.

5. Upon the motion of any party, the Hearing Officer may order that a hearing be held by telephone conference, video conference or other electronic means. In deciding whether a hearing should be held by telephone conference, video conference or other electronic means, factors that the Hearing Officer shall consider include cost-effectiveness, efficiency, facility accommodations, witness availability, public interest, the parties' preferences, and the proceeding's complexity and contentiousness.

6. At the hearing the Department shall have the burden of proving the facts of the violation alleged in the notice of violation at issue. The amount of any civil penalty assessed shall be presumed to be proper; however, the operator may offer evidence to rebut this presumption. The standard of proof shall be a preponderance of the evidence. The person or permittee shall have the right to challenge the Hearing Officer if the person or permittee believes the Hearing Officer is prejudiced against him or her or has a conflict of interest. If the Hearing Officer disqualifies himself or herself, the Director shall designate a new Hearing Officer. The Hearing Officer shall conduct the hearing, hear the evidence and at the conclusion of the hearing render recommended findings of fact, recommended conclusions of law and recommendations as to the disposition of the case.

7. The Director shall review the administrative record in conjunction with the Hearing Officer's recommended findings of fact, recommended conclusions of law and recommendations as to the disposition of the case. Within 30 days after the close of the hearing record or expiration after the time to request a hearing, the Department shall issue a final administrative order. (section 8a of the Act)

c) Failure of the person or permittee to timely request a hearing or, if a civil penalty has been assessed, to timely tender the assessed civil penalty, shall constitute a waiver of all legal rights to contest the Director's decision, including the amount of any civil penalty. (Section 8a of the Act)

d) If, at the expiration of the period of time originally fixed in the Director's decision or at the expiration of any subsequent extension of time granted by the Department, the Department finds that the violation has not been abated, it may immediately order the cessation of operations or the portions thereof relevant to the violations pursuant to 62 Ill. Adm. Code 240.185. (Section 8(a) of the Act)

History

• Source: Amended at 43 Ill. Reg. 10459, effective September 6, 2019

62 Ill. Adm. Code 240.185 Cessation of Operations Orders

a) If, at the expiration of the period of time originally fixed in a Director's decision issued pursuant to Section 240.180 or in any subsequent extension of time granted by the Department, the Department finds that the violation has not been abated, it may immediately order the cessation of operations or the portions thereof relevant to the violation. (Section 8a of the Act)

b) If the Department determines that any condition or practice exists, or that any person or permittee is in violation of any requirement of the Act or this Part or any permit condition, which condition, practice or violation creates an imminent danger to the health or safety of the public, or an imminent danger of significant environmental harm or significant damage to property, any authorized employee or agent of the Department may order the immediate cessation of operations. (Section 19.1 of the Act)

c) Upon observation of any conditions listed in subsection (b), and prior to issuing a cessation of operations order, the authorized employee or agent of the Department shall make reasonable efforts to locate the responsible party, notify that party of the conditions, and allow them an opportunity to immediately abate the conditions. Reasonable efforts include contacting a permittee at the address required to be submitted in compliance with Section 240.1710. If a responsible party cannot be readily located in the judgment of the employee or agent issuing the order, the employee or agent may take any action he or she deems necessary to cause a cessation of operations and abatement of any condition. (Section 19.1 of the Act). If the responsible party is located and does not take immediate action to abate the conditions, the employee or agent may take any action he or she deems necessary to cause a cessation of operations and abatement of any condition.

d) The Department may issue orders requiring the cessation of operations, with or without issuing a notice of violation in accordance with Section 240.150.

e) If a responsible party cannot be located, or if the responsible party is located and does not take immediate action to abate the conditions, a cessation order shall be served by personal delivery to the person or permittee named in the order or by mailing it certified mail, return receipt requested, to the last known address of the person or permittee as soon as is practicably possible but in no event later than 5 days after its issuance. (Section 19.1 of the Act)

f) The cessation order shall contain a date for a hearing that shall be held within 30 days after the issuance of the cessation order. The hearing shall be conducted in accordance with the requirements of Section 240.180(b).

g) The cessation order shall also provide that the person or permittee named in the order has the right to request a temporary relief hearing, within 14 days from the date of issuance of the cessation order, in accordance with Section 240.190. The cessation order shall be considered served when personally delivered to the person or permittee named in the order or when the cessation order is mailed by certified mail, return receipt requested, to the person or permittee at his or her last known address.

h) A cessation order issued under this Section shall continue in effect until modified, vacated, or terminated by the Department. The filing of a request for temporary relief under Section 240.190 shall not operate as a stay of the cessation order. The cessation order may be stayed by the grant of temporary relief in accordance with Section 240.190.

History

• Source: Amended at 43 Ill. Reg. 10459, effective September 6, 2019

62 Ill. Adm. Code 240.186 Cessation of Conditions Creating an Imminent Danger to Public Health and Safety and the Environment (repealed)

History

• Source: Repealed at 43 Ill. Reg. 10459, effective September 6, 2019

62 Ill. Adm. Code 240.190 Temporary Relief Hearings

a) Pending the holding of a hearing in accordance with Sections 240.185 and 240.180 relating to a cessation order issued under Section 240.185, the person or permittee affected by the Department's action may file a written request for temporary relief from the cessation order, together with a detailed statement giving reasons for granting such relief. The person or permittee shall serve the request for temporary relief within 14 days after service of the cessation order.

b) The Department shall commence a hearing within 5 working days after receipt of a timely request for temporary relief and may grant that relief, under such conditions as it may prescribe, if the person or permittee requesting temporary relief shows a substantial likelihood that the findings of the Department will be favorable to him or her and the relief will not adversely affect the health or safety of the public or cause significant environmental harm or significant damage to property.

c) All hearings under this Section shall be conducted in accordance with Article 10 of the Illinois Administrative Procedure Act [5 ILCS 100]. All hearings under this Section shall be conducted in the Department's offices located in Springfield, Illinois. However, the Department may conduct a hearing under this Section at a site located closer than Springfield to the production and/or injection/disposal well identified in the Director's decision being contested if facilities are available and convenient, as determined by the Department.

d) All hearings conducted under this Section are open to the public and are held in compliance with the Americans With Disabilities Act of 1990. The hearings will be held at locations ordered by the Hearing Officer. The Hearing Officer will select hearing locations that comply with any geographic requirements imposed by applicable law and, to the extent feasible, promote the convenience of the parties and the conservation of the Department's resources. All hearings are subject to cancellation without notice. Any rescheduled hearing shall comply with this Subpart A. Interested persons may contact the Department or the Hearing Officer for information about the hearing. Parties, participants and members of the public must conduct themselves with decorum at the hearing.

e) Upon the motion of any party, the Hearing Officer may order that a hearing be held by telephone conference, video conference or other electronic means. In deciding whether a hearing should be held by telephone conference, video conference or other electronic means, factors that the Hearing Officer shall consider include cost-effectiveness, efficiency, facility accommodations, witness availability, public interest, the parties' preferences, and the proceeding's complexity and contentiousness.

f) At the hearing, the permittee shall have the burden of proving that temporary relief from the cessation order will not adversely affect the health or safety of the public or cause environmental harm or significant damage to property. The Hearing Officer shall conduct the hearing, hear the evidence and, at the conclusion of the hearing, render findings of fact, conclusions of law and the disposition of the case.

g) The Hearing Officer shall issue a final administrative decision granting or denying temporary relief from the cessation order within 7 days after the close of the administrative record, pursuant to Section 10 of the Act. Temporary relief shall not extend for more than 90 days, after which the cessation order shall be reinstated pending the outcome of the cessation order and pending a resolution of the violations of the Act specified in the cessation order.

History

• Source: Amended at 43 Ill. Reg. 10459, effective September 6, 2019

62 Ill. Adm. Code 240.195 Subpoenas

a) Any party to proceedings brought under Sections 240.130, 240.131, 240.132, 240.133 240.180 and 240.190 of this Part may apply for subpoenas to compel the attendance of witnesses and the production of relevant documents.

b) The applicant shall submit the subpoena request to the Department's hearing officer. The subpoena request shall specifically identify the witness or relevant documents sought to be produced.

c) The hearing officer shall issue subpoenas within 7 calendar days from receipts of a request made in accordance with subsection (b) above and deliver the subpoena to the Petitioner who shall serve all subpoenas issued by certified mail, return receipt requested, at least 7 days before the date set for the hearing. Any witness shall respond to any lawful subpoena of which he has actual knowledge, if a voucher for payment of the witness fee and mileage applicable in the State circuit courts has been tendered. Service of a subpoena may be proved prima facie by a return receipt signed by the witness or his authorized agent and an affidavit showing that the mailing was prepaid and was addressed to the witness, restricted delivery, with a State voucher for the fee and mileage enclosed.

d) Any person served with a subpoena under this Section may file with the hearing officer, and serve on all parties, a motion for an order quashing the subpoena, in whole or in part. All motions to quash filed under this subsection shall set forth a factual and/or legal basis for granting such relief.

e) The hearing officer shall issue, and serve on all parties, a decision granting or denying the motion to quash within 7 calendar days from receipt of the motion.

History

• Source: Amended at 25 Ill. Reg. 9045, effective July 9, 2001

62 Ill. Adm. Code 240.200 Applicability

The provisions of this Subpart apply to production wells. As used in this Subpart "production well" means a well drilled for the production of oil or gas, or a well drilled for a water supply for use in connection with an enhanced oil recovery project.

History

• Source: Added at 15 Ill. Reg. 15493, effective October 10, 1991

62 Ill. Adm. Code 240.210 Application for Permit to Drill, Deepen or Convert to a Production Well

a) No person shall drill, deepen or convert any well to a production well without a permit from the Department.

b) Application for a permit to drill, deepen or convert to a production well shall be made on forms prescribed by the Department. The application shall be executed under penalties of perjury, and accompanied by the non-refundable fee of $400 and the required bond under Subpart O.

c) If the application does not contain all of the required information or documents, the Department shall notify the applicant in writing. The notification shall specify the additional information or documents necessary to an evaluation of the application, and shall advise the applicant that the application will be deemed denied unless the information or documents are submitted within 60 days following the date of notification.

d) Any well for which a permit is required under the Act, other than a plugged well, which was drilled prior to the effective date of the Act and for which no permit has previously been issued, is required to be permitted. Application for a permit shall be made on forms prescribed by the Department. The application shall be executed under penalties of perjury, and accompanied by the required bond under Subpart O and existing well construction information reported on Department forms. If application is made on or before August 14, 1991, no permit fee is required. An application made after that date shall be accompanied by the non-refundable fee of $400. Spacing requirements and provisions of the Act and these rules pertaining to well construction shall not apply. After August 14, 1991, any unpermitted well to which this Subpart applies will be deemed to be operating without a permit and subject to the penalties set forth in the Act. (Section 12 of the Act)

History

• Source: Amended at 46 Ill. Reg. 20013, effective January 1, 2023

62 Ill. Adm. Code 240.220 Contents of Application

The application for a permit to drill, deepen or convert to a production well shall include:

a) The name of the well.

b) The well location surveyed by an Illinois licensed land surveyor or Illinois registered professional engineer, the GPS (Global Positioning System) latitude and longitude location, and ground elevation of the well. A survey or GPS location is not required for a converted or deepened well, for a drilled out plugged hole if the original well location was surveyed, or for a well permitted under Section 240.210(d). The GPS location shall be recorded as degrees and decimal degrees recorded to 6 decimal places in the North American Datum 1983 projection and shall be accurate to within 3 feet. The reported GPS location is required to be an actual GPS field measurement and not a calculated or conversion measurement.

c) A map showing:

1. the boundaries of the leasehold or enhanced oil recovery unit;

2. the exact location of the well proposed to be drilled, deepened or converted, and an outline of the proposed drilling unit;

3. the location of all producing wells previously drilled on the drilling unit; and

4. the location of all offset wells on adjacent drilling units.

d) Certification, under penalty of perjury, that the applicant has the right, pursuant to valid and subsisting oil and gas leases, documents or memoranda of public record, and/or any statute or regulation, to drill for and operate a well on the lands and formations required for the proposed well, as set forth in Subpart D.

e) A statement as to whether the proposed well location is within the limits of any incorporated city, town, or village. If the consent of municipal authorities for the drilling of a well is required, a certified copy of the official consent must be submitted.

f) The name and address of the drilling contractor and the type of drilling tools or equipment to be used.

g) If the well is located over an active mine, over a temporarily abandoned mine or within the undeveloped limits of a mine, or if the coal rights are owned by someone other than the lessor under the oil and gas lease, the applicant shall submit documentation establishing compliance with Section 240.1305.

h) If the application is for a newly drilled well located over an underground gas storage field as defined in Section 240.1805(c) or the gas storage rights are owned by someone other than the lessor under the oil and gas lease, the applicant shall submit documentation establishing compliance with Section 240.1820.

i) The proposed depth of the well and the name of the lowest geologic formation to be tested.

j) A statement whether the applicant has ever had a well bond forfeited by the Department, and if so when and for what well.

History

• Source: Amended at 42 Ill. Reg. 5811, effective March 14, 2018

62 Ill. Adm. Code 240.230 Authority of Person Signing Application

a) The application for a permit to drill, deepen, or convert to a production well shall identify whether the owner of the right to drill and to operate the well is an individual, partnership, corporation or other entity, and shall contain the address and signature of the owner or person authorized to sign for such owner.

b) If the owner is an individual, the application shall be signed by the individual. If the owner is a partnership, the application shall be signed by a general partner. If the owner is a corporation, the application shall be signed by an officer of the corporation.

c) In lieu of the signature of the owner or such authorized person, the application may be signed by a person having a power of attorney to sign for such owner or authorized person, provided a certified copy of the power of attorney is on file with the Department or accompanies the application.

d) The entity or person to whom the permit is issued shall be called the Permittee and shall be responsible for all regulatory requirements relative to the well.

e) If the applicant is a corporation, the charter must authorize the corporation to engage in the permitted activity, and the corporation must be incorporated or authorized to do business in the State of Illinois.

f) If the applicant is an individual, partnership, or other unincorporated entity that is not a resident of Illinois, provide an irrevocable consent to be sued in Illinois.

g) If the applicant has been issued a FEIN, that number must be reported on the application.

History

• Source: Amended at 21 Ill. Reg. 7164, effective June 3, 1997

62 Ill. Adm. Code 240.240 Additional Requirements for Directional Drilling

a) If the applicant intends to deviate from the vertical in accordance with Section 240.450, the application shall include a map showing the proposed direction of deviation and proposed horizontal distance between the end of the well bore and the surface location of the well.

b) Within sixty (60) days after the completion of drilling, a certified directional survey of the well must be filed with the Department showing the surface location of the well, the location of the top and bottom of the producing interval and the location of the end of the well bore.

History

• Source: Amended at 19 Ill. Reg. 10981, effective July 14, 1995

62 Ill. Adm. Code 240.245 Additional Requirements for Horizontal Drilling

a) If the applicant intends to drill one or more horizontal drainholes using a short radius, from a vertical wellbore, the wellbore shall be spaced in accordance with Section 240.455.

b) The wellbore shall require only one permit.

c) The application for horizontal drilling shall include:

1. The legal location of the vertical wellbore and the proposed legal location of the bottomhole termination of each horizontal drainhole.

2. A plat map showing the surface location of the vertical wellbore and the location and length of each proposed horizontal drainhole. The applicant shall mark each horizontal drainhole on the application with a separate identifier.

3. A copy of the directional drilling survey for each horizontal drainhole shall be submitted to the Department within sixty (60) days after the completion of drilling of the horizontal drainhole.

4. A Well Completion Report shall be submitted for the vertical wellbore, if the vertical wellbore is newly drilled, and for each horizontal drainhole in accordance with Section 240.640 (a).

5. A Well Drilling Report shall be submitted for the vertical wellbore, if the vertical wellbore is newly drilled, and for each horizontal drainhole in accordance with Section 240.640 (b).

History

• Source: Added at 19 Ill. Reg. 10981, effective July 14, 1995

62 Ill. Adm. Code 240.250 Issuance of Permit to Drill or Operate

a) If the applicant satisfies requirements of the Act and this Part, the Department shall issue a permit.

b) A permit shall not be issued to an applicant if:

1. the applicant has falsified or otherwise misstated any information on or relative to the permit application;

2. the applicant has failed to abate a violation of the Act specified in a final administrative decision of the Department;

3. an officer, director, agent, power of attorney or partner in the applicant, or a person with an interest in the applicant exceeding 5% was or is an officer, director, partner, agent, power of attorney or person with an interest exceeding 5% in another entity that failed to abate a violation of the Act specified in a final administrative decision of the Department;

4. the applicant was or is an officer, director, agent, power of attorney, partner, or person with an interest exceeding 5% in another entity that has failed to abate a violation of the Act specified in a final administrative decision of the Department (Section 8a of the Act);

5. funds have been expended and remain outstanding from the PRF to plug wells, under Subpart P, for which the applicant was a previous permittee; or the applicant was or is an officer, director, agent, power of attorney partner, or person with an interest exceeding 5% in a permittee for which funds were expended; or an officer, director, agent, power of attorney or partner in the applicant, or a person with an interest in the applicant exceeding 5%, was or is an officer, director, agent, power of attorney, partner or person with an interest exceeding 5% in a permittee for which funds were expended; or

6. the applicant is delinquent in the payment of Annual Well Fees; or the applicant was or is an officer, director, agent, power of attorney, partner, or person with an interest exceeding 5% in another permittee who is delinquent in payment of Annual Well Fees; or an officer, director, agent, power of attorney or partner in the applicant, or person with an interest in the applicant exceeding 5%, was or is an officer, director, agent, power of attorney, partner or person with an interest exceeding 5% in a permittee who is delinquent in payment of Annual Well Fees.

c) Permits shall expire one year from the date of issuance unless acted upon by commencement of drilling, deepening or converting operations authorized by the permit, which are to be continued with due diligence, but not to exceed 2 years from date of commencement of drilling or conversion operations, at which time the well shall be plugged, production casing set or conversion operations completed.

d) Permits are not transferable prior to the drilling of the well.

History

• Source: Amended at 35 Ill. Reg. 13281, effective July 26, 2011

62 Ill. Adm. Code 240.251 Revocation of Permit to Drill

a) The Department may revoke a permit if:

1. The permittee fails to meet permit conditions; or

2. The permit was issued in error; or

3. The permittee is not in compliance with Section 240.250(b).

b) The Department shall notify the permittee of the Department's intent to revoke a permit effective 30 days from the date of notice unless a hearing is requested in accordance with subsection (c).

c) If a written objection to the permit revocation is filed within 30 days after the date of the notice:

1. A pre-hearing conference shall be held within 15 days after the receipt of the request for hearing.

A) A pre-hearing conference shall be scheduled in order to:

i) Simplify the factual and legal issues presented by the hearing request;

ii) Receive stipulations and admissions of fact and of the contents and authenticity of documents;

iii) Exchange lists of witnesses the parties intend to have testify and copies of all documents the parties intend to introduce into evidence at the hearing;

iv) Set a hearing date; and

v) Discuss and resolve such other matters as may tend to expedite the disposition of the hearing request and to assure a just conclusion.

B) Pre-hearing conferences may be held by telephone conference if that procedure is acceptable to all parties.

2. All hearings under this Subpart shall be conducted in the Department's offices located in Springfield, Illinois by a Hearing Officer designated by the Director and conducted in accordance with Article 10 of the Illinois Administrative Procedure Act.

d) At the hearing, the Department shall present evidence in support of its determination under subsection (a). The permittee may present evidence contesting the Department's determination under subsection (a). The Hearing Officer may administer oaths and affirmations, subpoena witnesses and written or printed materials, compel attendance of witnesses or production of those materials, compel discovery, and take evidence.

e) Within 30 days after the close of the record or the receipt of the transcript of the hearing, the Department shall render a final administrative decision.

f) The permittee's failure to request a hearing in accordance with subsection (c) to reinstate the permit or require the well to be plugged shall constitute a waiver of all legal rights to contest the permit revocation decision. Upon the expiration of the time to request a hearing, the Department shall issue a final administrative decision, pursuant to Section 10 of the Act.

History

• Source: Amended at 35 Ill. Reg. 13281, effective July 26, 2011

62 Ill. Adm. Code 240.255 Conversion of a Production Well to a Water Well

Production wells may not be converted to a livestock or domestic use water well that is required to have a permit from the Illinois Department of Public Health. Production wells converted to livestock or domestic use water wells prior to January 1, 1989 may remain in use provided the portion of the well extending below the base of the fresh water was plugged prior to January 1, 1989.

History

• Source: Amended at 22 Ill. Reg. 22314, effective December 14, 1998

62 Ill. Adm. Code 240.260 Change of Well Location

No well may be drilled at a location other than that specified on the permit except as provided in Subpart D.

History

• Source: Section repealed, new Section adopted at 15 Ill. Reg. 15493, effective October 10, 1991

62 Ill. Adm. Code 240.270 Application for Approval of Enhanced Recovery Injection and Disposal Operations (repealed)

History

• Source: Repealed at 15 Ill. Reg. 15493, effective October 10, 1991

62 Ill. Adm. Code 240.280 Duration of Underground Injection Well Orders (repealed)

History

• Source: Repealed at 15 Ill. Reg. 15493, effective October 10, 1991

62 Ill. Adm. Code 240.300 Applicability

The provisions of this Subpart apply to Injection, Disposal and Commercial Disposal Class II UIC wells.

History

• Source: Amended at 19 Ill. Reg. 10981, effective July 14, 1995

62 Ill. Adm. Code 240.305 Transfer of Management (recodified)

History

• Source: Recodified to Section 240.1205 at 15 Ill. Reg. 8566

62 Ill. Adm. Code 240.310 Application for Permit to Drill, Deepen, or Convert or Amend to a Class Ii Uic Well

a) No person shall drill, deepen or convert any well for use as a Class II UIC well without a permit from the Department.

b) No person shall inject into a freshwater aquifer or be issued a permit to inject into a freshwater aquifer unless:

1. the freshwater aquifer into which injection is proposed has been excepted as specified in Section 240.312; or

2. a completed application requesting an aquifer exemption was submitted to the Department prior to February 1, 1998 and USEPA Region V has completed a technical review, determined that the application meets the relevant criteria, and intends to put the application forward for final approval by the USEPA under 40 CFR 146.4; or

3. a request for an aquifer exemption is submitted to the Department in accordance with Section 240.311 and approved by the USEPA under 40 CFR 146.4.

c) Application for a permit to drill, deepen or convert to a Class II UIC well or amend existing Class II UIC well permit in accordance with Section 240.390(a) shall be made on forms prescribed by the Department. The application shall be executed under penalties of perjury and accompanied by the non-refundable fee of $400 and the required bond under Subpart L.

d) At the time of application, the applicant must specify the type of Class II well being permitted as an injection, disposal or commercial disposal well.

e) If the application does not contain all of the required information or documents, the Department shall notify the applicant in writing. The notification shall specify the additional information or documents necessary to an evaluation of the application and shall advise the applicant that the application will be deemed denied unless the information or documents are submitted within 60 days following the date of notification.

f) Any well for which a permit is required under the Act, other than a plugged well, which was drilled prior to the effective date of the Act and for which no permit has previously been issued, is required to be permitted. Application for a permit shall be made on forms prescribed by the Department. The application shall be executed under penalties of perjury and accompanied by the required bond under Subpart O. If application is made on or before August 14, 1991, no permit fee is required, but all other requirements of this Subpart shall apply. An application made after that date shall be accompanied by the non-refundable fee of $400. After August 14, 1991, any unpermitted well to which this Subpart applies will be deemed to be operating without a permit and subject to the penalties set forth in the Act. (Section 12 of the Act)

History

• Source: Amended at 46 Ill. Reg. 20013, effective January 1, 2023

62 Ill. Adm. Code 240.311 Application for Freshwater Aquifer Exemption

a) If it is determined by the Department a freshwater aquifer exemption is required in order to permit and/or operate a Class II well, the applicant shall submit to the Department a written request to exempt the freshwater aquifer along with evidence showing the freshwater aquifer satisfies the criteria for an exemption.

b) A freshwater aquifer or a portion thereof may be determined under 40 CFR 146.4 to be exempted if evidence is submitted showing the following criteria are met:

1. The aquifer does not currently serve as a source of drinking water; and

2. Either:

A) The aquifer cannot now and will not in the future serve as a source of drinking water because:

i) the aquifer is mineral, hydrocarbon or geothermal energy producing, or can be demonstrated by a permit applicant as part of a permit application for a Class II or III operation to contain minerals or hydrocarbons that considering their quantity and location are expected to be commercially producible; or

ii) the aquifer is situated at a depth or location that makes recovery of water for drinking water purposes economically or technologically impractical; or

iii) the aquifer is so contaminated that it would be economically or technologically impractical to render that water fit for human consumption; or

iv) the aquifer is located over a Class III well mining area subject to subsidence or catastrophic collapse; or

B) The total dissolved solids content of the ground water is more than 3,000 and less than 10,000 mg/1 and it is not reasonably expected to supply a public water system.

c) After review and approval of the submitted evidence, the Department will forward the information, along with a recommendation, to the U.S. Environmental Protection Agency Region V Office for approval.

History

• Source: Added at 22 Ill. Reg. 22314, effective December 14, 1998

62 Ill. Adm. Code 240.312 Freshwater Aquifer Exemptions

a) The following aquifer exemptions have been approved by the U.S. Environmental Protection Agency.

b) Siloam pool located in Township 2 South, Range 4 West in Brown County consisting of:

1. SE/4 SE/4 of Section 7; and

2. S/2 NE/4 and S/2 of Section 8; and

3. SW/4 SE/4 and SW/4 of Section 9; and

4. W/2 NE/4 and NW/4 of Section 15; and

5. NE/4 SE/4 and N/2 NE/4 and NE/4 of Section 16; and

6. N/2 NE/4 and N/2 NW/4 and SE/4 NW/4 of Section 17; and

7. NE/4 NE/4 of Section 18.

c) Buckhorn pool located in Brown County consisting of:

1. Township 1 South, Range 4 West

A) S/2 SW/4 and S/2 SE/4 of Section 24; and

B) all Section 25 except W/2 NW/4; and

C) S/2 SE/4 and S/2 SW/4 of Section 26; and

D) S/2 NE/4 and SE/4 SW/4 and SE/4 of Section 33; and

E) all of Section 34 except NW/4 NW/4; and

F) all of Section 35; and

G) all of Section 36.

2. Township 1 South, Range 3 West

A) W/2 NW/4 and W/2 SW/4 and SE/4 SW/4 and S/2 SE/4 of Section 30; and

B) S/2 SW/4 and S/2 SE/4 of Section 29; and

C) all of Section 31; and

D) all of Section 32; and

E) W/2 NW/4 and W/2 SW/4 of Section 33.

3. Township 2 South, Range 4 West

A) N/2 NE/4 and N/2 NW/4 of Section 1; and

B) all of Section 2 except S/2 SE/4 and NE/4 SE/4; and

C) all of Section 3 except SE/4; and

D) NE/4 and N/2 NW/4 of Section 4; and

E) NE/4 and E/2 SE/4 of Section 10; and

F) NW/4 and W/2 SW/4 of Section 11.

4. Township 2 South, Range 3 West

A) all of Section 5 except SE/4 NE/4 and NE/4 SE/4; and

B) all of Section 6 except SW/4 NW/4 and W/2 SW/4; and

C) N/2 NW/4 and NE/4 of Section 8.

d) Siggins pool in Clark and Cumberland Counties

1. Township 11 North, Range 10 East

A) S/2 NW/4 and SW/4 and SE/4 of Section 35; and

B) SW/4 SW/4 of Section 36.

2. Township 11 North, Range 11 East, SW/4 SE/4 and E/2 SE/4 of fractional Section 31.

3. Township 11 North, Range 14 West

A) all of Section 31 except N/2 NW/4 and SW/4 NW/4; and

B) all of Section 32.

4. Township 10 North, Range 10 East

A) all of Section 1 except N/2 NE/4; and

B) all of Section 2 except SW/4 NW/4 and W/2 SW/4; and

C) all of Section 11 except NW/4 NW/4; and

D) all of Section 12; and

E) all of Section 13; and

F) E/2 of Section 14; and

G) NE/4 and NE/4 SE/4 of Section 23; and

H) all of Section 24.

5. Township 11 North, Range 11 East

A) all of fractional Section 6; and

B) all of fractional Section 7; and

C) all of fractional Section 18; and

D) all of fractional Section 19 except E/2 NE/4 and NE/4 SE/4.

6. Township 10 North, Range 14 West

A) NW/4 and E/2 SW/4 and SW/4 NE/4 and N/2 NE/4 of Section 5; and

B) all of Section 6; and

C) all of Section 7; and

D) W/2 NW/4 of Section 8; and

E) NW/4 and N/2 SW/4 and W/2 NE/4 of Section 18.

e) The following aquifers are the subject of completed applications and meet the criteria of Section 240.310(b)(2).

1. Herscher system located in portions of Kankakee, Ford and Iroquois Counties consisting of:

A) Township 30 North, Range 9 East, Sections 12, 13, 23, 24, 25, 26, 35 and 36;

B) Township 30 North, Range 10 East, Sections 7, 8, 14-23 and 26-35;

C) Township 29 North, Range 9 East, Sections 1, 2 and 12; and

D) Township 29 North, Range 10 East, Sections 2-11 and 15-18.

2. Colmar-Plymouth pool located in McDonough and Hancock Counties and consisting of:

A) Township 4 North, Range 4 West, McDonough County:

i) S/2 S/2 NE/4 and SE/4 SE/4 NW/4 and E/2 SW/4 and SE/4 of Section 9; and

ii) S/2 S/2 NW/4 and SE/4 and SW/4 of Section 10; and

iii) NW/4 SE/4 and N/2 SW/4 and S/2 NW/4 of Section 14; and

iv) N/2 SE/4 and NE/4 and NW/4 of Section 15; and

v) all of Section 16; and

vi) S/2 and S/2 N/2 of Section 17; and

vii) S/2 and NE/4 and S/2 NW/4 of Section 18; and

viii) all of Section 19; and

ix) N/2 and N/2 SE/4 and N/2 SW/4 and SW/4 SW/4 of Section 20; and

x) N/2 and N/2 S/2 of Section 21; and

xi) N/2 N/2 and SW/4 NE/4 and SE/4 NW/4 of Section 30.

B) Township 4 North, Range 5 West, Hancock County:

i) SW/4 and S/2 NE/4 and E/2 SW/4 of Section 23; and

ii) S/2 NW/4 and S/2 NE/4 and NE/4 NE/4 and SE/4 and SW/4 of Section 24; and

iii) NW/4 and N/2 NE/4 and SW/4 NE/4 of Section 26.

History

• Source: Added at 22 Ill. Reg. 22314, effective December 14, 1998

62 Ill. Adm. Code 240.320 Contents of Application

The application for a permit to drill, deepen or convert shall include:

a) The name of the well.

b) The well location surveyed by an Illinois licensed land surveyor or Illinois registered professional engineer, the GPS (Global Positioning System) latitude and longitude location and ground elevation of the well. A survey or GPS location is not required for a converted or deepened well, for a drilled out plugged hole if the original well location was surveyed, or for a well permitted under Section 240.310(f). The GPS location shall be recorded as degrees and decimal degrees recorded to 6 decimal places in the North American Datum 1983 projection and shall be accurate to within 3 feet. The reported GPS location is required to be an actual GPS field measurement and not a calculated or conversion measurement.

c) A map showing:

1. the boundaries of the leasehold or enhanced oil recovery unit, if applicable;

2. the names of all permittees of producing leaseholds within ¼ mile of the proposed Class II UIC Well;

3. the location of the well proposed to be drilled, deepened or converted;

4. the location of all wells penetrating the proposed injection interval within the ¼ mile area of review as defined in Section 240.360.

d) If the well is not located within the boundaries of a leasehold or enhanced oil recovery unit, the applicant shall certify under penalty of perjury that the applicant has the right, pursuant to valid and subsisting oil and gas leases, documents or memoranda of public record, and/or any statute or regulation, to drill for and operate a well on the lands and formations required for the proposed well, as set forth in Subpart D.

e) A statement as to whether the proposed well location is within the limits of any incorporated city, town, or village. If the consent of municipal authorities for the drilling of a well is required, a certified copy of the official consent must be submitted.

f) The name and address of the drilling contractor and the type of drilling tools or equipment to be used.

g) If the well is located over an active mine, over a temporarily abandoned mine or within the undeveloped limits of a mine, or if the coal rights are owned by someone other than the lessor under the oil and gas lease, the applicant shall submit documentation establishing compliance with Section 240.1305.

h) If the application is for a newly drilled well located over an underground gas storage field as defined in Section 240.1805(c) or the gas storage rights are owned by someone other than the lessor under the oil and gas lease, the applicant shall submit documentation establishing compliance with Section 240.1820.

i) The proposed well construction and operating parameters in accordance with Section 240.340.

j) Evidence of notification required under Section 240.370.

k) Information regarding groundwater and potable water supplies in accordance with Section 240.350.

l) Cementing, casing and plugging records for all wells penetrating the injection interval within the ¼ mile area of review in accordance with Section 240.360.

m) A statement whether the applicant has ever had a well bond forfeited to the Department and, if so, when and for what well.

History

• Source: Amended at 42 Ill. Reg. 5811, effective March 14, 2018

62 Ill. Adm. Code 240.330 Authority of Person Signing Application

a) All applications for permits to drill, deepen, or convert to a Class II UIC well shall identify whether the owner of the right to drill and to operate the well is an individual, partnership, corporation or other entity, and shall contain the address and signature of the owner or person authorized to sign for such owner.

b) If the owner is an individual, the application shall be signed by the individual. If the owner is a partnership, the application shall be signed by a general partner. If the owner is a corporation, the application shall be signed by an officer of the corporation.

c) In lieu of the signature of the owner or such authorized person, the application may be signed by a person having a power of attorney to sign for such owner or authorized person, provided a certified copy of the power of attorney is on file with the Department or accompanies the application.

d) The entity or person to whom the permit is issued shall be called the Permittee and shall be responsible for all regulatory requirements relative to the well.

e) If the applicant is a corporation, the charter must authorize the corporation to engage in the permitted activity, and the corporation must be incorporated or authorized to do business in the State of Illinois.

f) If the applicant has been issued a FEIN, that number must be reported on the application.

History

• Source: Amended at 18 Ill. Reg. 8061, effective May 13, 1994

62 Ill. Adm. Code 240.340 Proposed Well Construction and Operating Parameters

a) Well Construction Records for Conversion Wells

If the application is for the conversion of a previously drilled well, the applicant shall:

1. submit a complete copy of all available geophysical logs run on the well;

2. submit a copy of the initial Completion Report or casing and cementing records of the well; and

3. establish external mechanical integrity in accordance with Section 240.770(c).

b) Schematic Diagram

The applicant shall submit a schematic diagram of the proposed injection well showing:

1. the total depth and plugged back depth of the well;

2. the sizes and depths of the holes drilled for the surface casing, mine or intermediate casing, and production casing;

3. the sizes and depths of all casing in the well and any additional casing to be used in the well;

4. the amount of cement used for each string of casing in the well and any additional cement to be used in the well;

5. the size of the tubing and setting depth of the packer;

6. the top and bottom depths of all perforated intervals in the casing; and

7. the geologic name and the depth of the top and bottom of the proposed injection interval.

c) Proposed Injection Rate

The applicant shall submit the proposed injection rate expressed in average barrels per day.

d) Injection Fluid

The applicant shall submit the depth and geologic name of the formations from which the injection fluid is to be obtained, a standard laboratory analysis of a representative sample of the fluid to be injected and the date the sample was obtained. The sample shall be analyzed for at least the following parameters: pH, Chloride, Total Dissolved Solids, and Specific Gravity. The sample shall be obtained and analyzed no earlier than one year prior to the date of filing of the application. If the injection fluid is other than water, the sample shall be analyzed for the chemical components and Specific Gravity of the fluid.

e) Proposed Maximum Injection Pressure

1. The applicant shall submit the proposed maximum injection pressure in accordance with the following formula:

MIP = (.80 - (.433 X SG)) X D - 14.7

Where:

MIP

=

maximum allowable injection pressure (PSI)

SG

=

specific gravity of the injection fluid

D

=

depth of the top of the uppermost injection interval (ft.)

2. If the proposed maximum injection pressure exceeds the amount calculated in accordance with subsection (e)(1), the applicant shall submit the most recent information showing that the proposed maximum injection pressure will not initiate or propagate fractures in the injection interval or overlying strata that could enable the injection fluid or the fluid in the injection interval to leave the permitted injection intervals. The types of information that will be considered acceptable by the Department include, but are not limited to:

A) A copy of the ticket (record of each injection pressure and corresponding time) and pressure chart (injection pressure vs. time) from a "frac" or "acid" treatment in the injection interval in the proposed well, or from the same interval or a stratigraphically higher interval in a well within 1 mile of the proposed well, that shows the Instantaneous Shut-In Pressure (ISIP). The shut-down pressure, ISIP, and 5-minute shut down pressure must be obtained, read and recorded. The maximum allowable injection pressure shall be 10% less than the ISIP measured at the surface unless the specific gravity of the treatment fluid is less than the specific gravity of the proposed injection fluid, in that case the ISIP shall be measured at the injection interval.

B) The results of a step rate test, both ticket (record of each injection rate and the corresponding pressure and time) and chart (injection rate and resulting pressure vs. time), from the injection interval in the proposed well, or from the same interval or a stratigraphically higher interval in a well within 1 mile of the proposed well. The maximum allowable injection pressure shall be 10% less than the ISIP, measured at the surface, if the formation fracture pressure was exceeded during the test or an existing fracture was opened. In the event the formation fracture pressure was not exceeded and an existing fracture was not opened, the maximum allowable injection pressure shall be the highest step pressure recorded during the step rate test. A step rate test shall, at a minimum, include the following:

i) A statement specifying the length of the shut-in period. Prior to testing, shut in the well long enough that the bottom-hole pressure approximates shut-in formation pressure.

ii) Unless further stipulated in this subsection (e)(2)(B), measurement of at least 6 rate steps recording the injection rate, pressure and elapsed time of each.

iii) An initial zero injection rate (pressure stabilizing) step.

iv) Each rate step after the zero injection rate step shall be at least 120 percent of the preceding rate.

v) Each rate step shall be of equal length and of at least 4 minutes in duration.

vi) At least 3 rate steps below the formation fracture pressure are required; if the formation fracture pressure was not exceeded and an existing fracture was not opened, at least 5 rate steps are required.

vii) If the formation fracture pressure was exceeded, at least 2 rate steps above the formation fracture pressure are required.

viii) If an existing fracture is opened during the test, no further rate steps are required.

ix) If the formation fracture pressure was exceeded or an existing fracture was opened, the shut-down pressure, ISIP and 5-minutes shut-down pressure must be obtained, read and recorded.

x) If the Department has reason to believe induced fractures have occurred as a result of long term injection above the fracture pressure, the Department shall determine if the results of a step rate test are acceptable to permit the proposed maximum injection pressure.

C) In the event the Department determines the information submitted under this subsection (e)(2) is not acceptable, the Department will issue a deficiency letter. If a timely response is not received or the response is determined inadequate, the MIP will be calculated using the formula in subsection (e)(1).

History

• Source: Amended at 41 Ill. Reg. 2957, effective February 21, 2017

62 Ill. Adm. Code 240.350 Groundwater and Potable Water Supply Information

a) The applicant shall submit a statement certifying there are no potable water wells located within 200 feet of the proposed Class II UIC well, and there are no municipal water supply wells located within 2500 feet of the proposed Class II UIC well.

b) Freshwater Analyses

1. The applicant shall submit a standard laboratory analysis of fresh water from 2 or more freshwater wells located within ¼ mile of the proposed injection well and showing the location and depth of the well and the dates the samples were obtained. The samples shall be analyzed for at least the following parameters: using the applicable American Society for Testing and Materials (ASTM) standards, i.e., pH, using Standard D1293-99 (Standard Test Methods for pH of Water (2005)); Chloride, using Standard D4458-09 (Standard Test Method for Chloride in Brackish Water, Seawater and Brines (2009)); Total Dissolved Solids, using Standard D5907-10 (Standard Test Methods for Filterable Matter (Total Dissolved Solids) and Nonfilterable Matter (Total Suspended Solids) in Water (2010)); and Specific Gravity, using Standard D1429-08 (Standard Test Methods for Specific Gravity of Water and Brine (2008)) from ASTM International, P.O. Box C700, West Conshohocken PA 19428-2959 (all incorporations by reference contain no later amendments or additions). The samples shall be obtained and analyzed no earlier than 1 year prior to the date of filing of the application. The locations of the well from which the freshwater samples were obtained shall also be shown on the map required in Section 240.320.

2. If, due to circumstances beyond his or her control, the applicant cannot obtain the analysis required under subsection (b)(1), the applicant shall submit in lieu of that analysis a statement explaining why the analysis could not be obtained.

History

• Source: Amended at 35 Ill. Reg. 13281, effective July 26, 2011

62 Ill. Adm. Code 240.360 Area of Review

a) The area of review shall include all wells located within 1/4 mile of the proposed Class II UIC well, including directionally and horizontally drilled wells, which penetrate the injection interval within 1/4 mile of the proposed Class II UIC well.

b) The applicant shall submit evidence that all wells which penetrate the injection formation within the area of review contain an adequate amount of cement and are constructed or plugged in a manner which will prevent the injection fluid and the fluid in the injection formation from entering the freshwater zone. The types of evidence that will be considered acceptable by the Department include, but are not limited to: well completion reports, cementing records, well construction records, cement bond logs, tracer surveys, oxygen activation logs, plugging records and expert opinions as to geological and engineering conditions.

c) The applicant shall submit evidence for all wells which penetrate the injection formation within the area of review and which are determined by the Department to contain an inadequate amount of cement or are inadequately constructed or plugged, that injection into the proposed well and formation will not cause contamination of the freshwater zone. If well fluid level measurements are required as part of the submitted evidence, the fluid level measurements shall be witnessed by a Department Well Inspector. The Department shall have the authority to determine if the submitted information is acceptable as showing that the freshwater zone will not be contaminated through said well(s).

History

• Source: Amended at 45 Ill. Reg. 13907, effective October 25, 2021

62 Ill. Adm. Code 240.370 Public Notice

a) Contents of Notice and Publication

Public notice shall be given no earlier than 30 days prior to the filing of the application. A notice that an application for a permit to drill, deepen or convert to a Class II UIC well has been or will be filed with the Department shall be published by the applicant in a newspaper of general circulation and published in the county in which the proposed injection well is to be located. The applicant shall submit a copy of, or the original of, the Certificate of Publication to the Department prior to approval of the application.

1. The notice shall include:

A) the name and address of the applicant;

B) the date on or before which the application will be filed;

C) the legal description of the location of the proposed injection well, including both the United States Public Land Survey and GPS coordinates if required under Section 240.320(b);

D) the geologic name and depth of the injection intervals;

E) the proposed maximum injection pressure and maximum injection rate;

F) the address and telephone number for the Office; and

G) a statement that the public has 15 days to comment on the application and that comments must be made in writing to the Office. The deadline for filing comments shall appear in the notice. The comment period shall be either:

i) 15 days from the date the application is filed with the Department, when the application is filed after notice has been published; or

ii) 15 days from the date of publication of the notice, when the notice is published after the application is filed.

2. If the notice does not contain all of the information listed in subsection (a)(1) or, if the application is not received on or before the date designated in subsection (a)(1)(B) or the date the notice is published, whichever is later, the applicant shall be required to republish the notice.

b) Notice Within the Area of Review

A copy of the published notice, or a letter containing the same information as in the notice, shall be mailed by certified mail, return receipt requested to the owner of the surface of the land on which the proposed injection well is to be located, and to each permittee of a producing leasehold, and the owner or manager of all mines, including the mined-out area and undeveloped limits of all mines, located within ¼ mile of the proposed Class II UIC well. Evidence of mailing shall be submitted to the Department prior to approval of the application. The returned certified mail receipt card, or a copy of the card, shall serve as evidence of mailing.

c) Objections

If a written objection to the application is filed within 15 days after the filing of the application, the Department shall consider the objection in determining whether the permit should be issued. If the objection raises a factual or legal question regarding the sufficiency of the application in meeting the requirements for a permit, the permit objection shall be set for a public hearing. A hearing shall be set only after all other requirements for issuance of the permit have been fulfilled.

d) Public Hearing

1. Any public hearing held pursuant to subsection (c) shall be an informal hearing conducted by the Department solely for the purpose of resolving the factual or legal question raised by the objection.

2. Notice of the hearing shall be sent by the Department to the applicant and to the objector by mailing the notice by United States mail, postage prepaid, addressed to their last known home addresses.

3. A certified court reporter shall record the hearing at the Department's expense.

4. A Hearing Officer designated by the Director shall conduct the hearing. The Hearing Officer shall allow all parties to the hearing to present evidence in any form, including by oral testimony or documentary evidence, unless the Hearing Officer determines the evidence is irrelevant, immaterial, unduly repetitious, or of such a nature that reasonably prudent members of the public or people knowledgeable in the oil and gas field would not rely upon it in the conduct of their affairs.

5. The Hearing Officer shall have the power to continue the hearing or to leave the record open for a certain period of time in order to obtain or receive further relevant evidence.

6. Within 10 days after the closing of the record or the receipt of the transcript of the hearing, whichever comes later, the Department shall render a decision on the objection.

History

• Source: Amended at 42 Ill. Reg. 5811, effective March 14, 2018

62 Ill. Adm. Code 240.380 Issuance of Permit

a) If the applicant satisfies the requirements of the Act and this Part, the Department shall issue a permit.

b) A permit shall not be issued to an applicant not in compliance with Section 240.250(b).

c) Permits shall expire 1 year from the date of issuance unless acted upon by commencement of drilling, deepening or converting operations authorized by the permit, which are to be continued with due diligence, but not to exceed 2 years from the date of commencement of drilling or conversion operations, at which time the well shall be plugged, production casing set or conversion operations completed.

d) Permits are not transferable prior to the drilling of the well.

e) If during drilling the well is lost (collapsed casing or hole, etc.), the permittee is required to submit a new application and receive a new permit prior to drilling an offset well.

f) The Department may revoke a permit in accordance with Section 240.251(a).

g) The Department shall notify the permittee of its intent to revoke a permit effective 30 days from the date of notice unless a hearing is requested in accordance with subsection (h).

h) If a written objection to the revocation is filed within 30 days after the date of the notice:

1. A pre-hearing conference shall be held within 15 days after the receipt of the request for hearing.

A) A pre-hearing conference shall be scheduled in order to:

i) Simplify the factual and legal issues presented by the hearing request;

ii) Receive stipulations and admissions of fact and of the contents and authenticity of documents;

iii) Exchange lists of witnesses the parties intend to have testify and copies of all documents the parties intend to introduce into evidence at the hearing;

iv) Set a hearing date; and

v) Discuss and resolve such other matters as may tend to expedite the disposition of the hearing request and to assure a just conclusion.

B) Pre-hearing conferences may be held by telephone conference if that procedure is acceptable to all parties.

2. All hearings under this Subpart shall be conducted in the Department's offices located in Springfield, Illinois by a Hearing Officer designated by the Director and conducted in accordance with Article 10 of the Illinois Administrative Procedure Act.

i) At the hearing, the Department shall present evidence in support of its determination under subsection (f). The permittee may present evidence contesting the Department's determination under subsection (f). The Hearing Officer may administer oaths and affirmations, subpoena witnesses and written or printed materials, compel attendance of witnesses or production of those materials, compel discovery, and take evidence.

j) Within 30 days after the close of the record or the receipt of the transcript of the hearing, the Department shall render a decision.

k) The permittee's failure to request a hearing in accordance with subsection (h) shall constitute a waiver of all legal rights to contest the permit revocation decision. Upon the expiration of the time to request a hearing, the Department shall issue a final administrative decision, pursuant to Section 10 of the Act.

History

• Source: Amended at 35 Ill. Reg. 13281, effective July 26, 2011

62 Ill. Adm. Code 240.385 Conversion of a Class Ii Well to a Water Well

Class II wells may not be converted to a livestock or domestic use water well that is required to have a permit from the Illinois Department of Public Health. Class II wells converted to livestock or domestic use water wells prior to January 1, 1989 may remain in use provided the portion of the well extending below the base of the fresh water was plugged prior to January 1, 1989.

History

• Source: Amended at 22 Ill. Reg. 22314, effective December 14, 1998

62 Ill. Adm. Code 240.390 Permit Amendments

a) Change of Injection Interval

1. The permittee shall not change to an unpermitted injection interval without obtaining a permit amendment from the Department.

2. The permittee shall make application for amendment on a form provided by the Department.

3. The application for amendment shall include all the information or data required under, and be in accordance with, Sections 240.320 and 240.330, except that a survey under Section 240.320(b) is not required.

b) Change in Injection Pressure or Rate

1. The permittee shall not inject at a pressure or rate greater than the maximum permitted pressure or rate without obtaining a permit amendment from the Department.

2. The permittee shall make application for amendment on a form prescribed by the Department.

3. The application for amendment shall include all of the information or data required under, and be in accordance with, Sections 240.330 and 240.340(c) and (e).

c) Change in Injection Fluid

1. The permittee shall not change the injection fluid without obtaining a permit amendment from the Department.

2. The permittee shall make application for an amendment on a form prescribed by the Department. The application shall include a statement identifying the proposed injection fluid along with the depth and name of the geologic formation from which the injection fluid is to be obtained.

A) If the proposed fluid is water, the application shall include an analysis of the water with the date of sample collection (must be no older than 1 year) and must include the following parameters: Chlorides, Total Dissolved Solids, pH, and Specific Gravity using ASTM standards listed in Section 240.350(b)(1).

B) If the proposed fluid is other than water, the application shall include a chemical analysis identifying the components and the Specific Gravity of the proposed injection fluid using the applicable ASTM standards listed in Section 240.350(b)(1).

d) Change in Well Location

No well may be drilled at a location other than that specified on the permit, except as provided in Subpart D.

History

• Source: Amended at 35 Ill. Reg. 13281, effective July 26, 2011

62 Ill. Adm. Code 240.395 Update of Class Ii Uic Well Permits Issued Prior to July 1, 1987

a) All Class II UIC wells permitted as injection or disposal wells prior to July 1, 1987 that have not previously been reviewed in conjunction with the Department's Class II UIC Program shall be reviewed by the Department to establish:

1. current injection intervals;

2. maximum injection pressures and rates in accordance with Section 240.340(c) and (e); and

3. compliance with well construction requirements for existing Class II UIC wells in accordance with Sections 240.730, 240.740 and 240.770 of this Part.

b) Within thirty (30) days of receiving written notice of a well review under this Section, the permittee shall submit all requested information and records necessary to enable the Department to complete its review and update of the permit.

c) Based upon the review, the Department shall either:

1. update the Class II UIC well permit for specified injection intervals with maximum injection rate and pressure; or

2. notify the permittee of any remedial work that must be completed to bring the well into compliance.

d) If the Department notifies the permittee that remedial work is necessary, the permittee shall shut in the well until such work is completed.

History

• Source: Added at 15 Ill. Reg. 15493, effective October 10, 1991

62 Ill. Adm. Code 240.400 Definitions

For the purposes of this Subpart:

"Gas" means a mixture of hydrocarbons and varying quantities of non-hydrocarbons in a gaseous state which may or may not be associated with oil, including those liquids resultant from condensation, but not including casing head gas.

"Gas Well" means a well with a gas to oil production ratio equal to or greater than 10,000 cubic feet of gas to 1 barrel of oil.

"Pooled Unit" means a spacing unit created by:

combining separate mineral interests under the pooling clause of a lease or agreement;

a pooling declaration; or

an Integration Order issued by the Department.

History

• Source: Amended at 42 Ill. Reg. 5811, effective March 14, 2018

62 Ill. Adm. Code 240.410 Drilling Units

a) Oil Wells

1. The Department shall not issue a permit for the drilling or deepening of a well for the production of oil within the State of Illinois unless the proposed well location and spacing are within

10 acres of surface area lying within the quarter-quarter-quarter section of land (as established by the official United States Public Land Survey). The location of the well shall not be less than 330 feet from the nearest lease boundary line except any lease boundary line located within a pooled unit. The location shall be no less than 330 feet from the nearest location of a producing well, a well being drilled, or a well for which a permit has previously been issued, but not yet drilled, for a well to the same individual reservoir. The location shall be no less than 10 feet from the nearest drilling unit boundary line; or

2. A permittee shall not be obligated to drill any further wells pursuant to provisions in a lease existing prior to April 22, 2016. Any obligation shall be determined, to the extent relevant and applicable, by regulations in effect as of the date of the lease.

b) Gas Wells

The Department shall not issue a permit for the drilling or deepening of a well for the production of gas within the State of Illinois unless the proposed well location and spacing conform to the following drilling units:

1. 10 acres of surface area lying within the quarter-quarter-quarter section of land (as established by the official United States Public Land Survey) for wells drilled or deepened for the production of gas from a reservoir other than limestone/dolomite, the top of which lies less than 2,000 feet beneath the surface. The location of the well shall not be less than 330 feet from the nearest lease external boundary line except any lease boundary line located within a pooled unit. The location shall be no less than 330 feet from the nearest location of a producing well, a well being drilled, or a well for which a permit has previously been issued, but not yet drilled, for a well to the same individual reservoir. The location shall be no less than 10 feet from the nearest drilling unit boundary line; or

2. 20 acres of surface area lying within the east-west or north-south one-half of a quarter-quarter section of land (as established by the official United States Public Land Survey) for wells drilled or deepened for the production of gas from a limestone/dolomite reservoir, the top of which lies less than 2,000 feet beneath the surface. The location of the well shall not be less than 330 feet from the nearest lease boundary line except any lease boundary line located within a pooled unit. The location shall be no less than 330 feet from the nearest location of a producing well, a well being drilled, or a well for which a permit has previously been issued, but not yet drilled, for a well to the same individual reservoir. The location shall be no less than 10 feet from the nearest drilling unit boundary line; or

3. 40 acres of surface area lying within a quarter-quarter section of land (as established by the official United States Public Land Survey) for wells drilled or deepened for the production of gas from a reservoir, the top of which lies between 2,000 feet below the surface and 5,000 feet or the top of the Galena Group, whichever depth is greater. The location of the well shall not be less than 330 feet from the nearest lease boundary line except any lease boundary line located within a pooled unit. The location shall be no less than 330 feet from the nearest location of a producing well or well being drilled or for which a permit has previously been issued, but not yet drilled, for a well to the same individual reservoir. The location shall be no less than 10 feet from the nearest drilling unit boundary line.

4. Establishment of Drilling Units for Deep Gas

A) In the case of wells drilled or deepened for the production of gas from a reservoir lying below 5,000 feet or the top of the Galena Group formation, whichever depth is greater, no permit shall be issued for an exploratory well unless the proposed spacing and well location provide for a minimum of 160 acres of surface area lying within a quarter section of land (as established by the official United States Public Land Survey). The well location shall not be less than 660 feet from the nearest lease boundary line except any lease boundary line located within a pooled unit. The location shall be no less than 10 feet from the nearest drilling unit boundary line.

B) After completion of the exploratory well or wells, but prior to commencement of production activities, application shall be made to the Department for the adoption of rules establishing spacing and well location requirements for the reservoir or reservoirs completed. The application shall identify the lands underlying the reservoir or reservoirs for which spacing and well location rules are requested, and shall include any geological, engineering or economic data, studies or reports upon which the requested spacing and well location rules are based.

C) Within 20 days after receipt of the application, the Department shall submit proposed spacing and well location rules for the reservoir or reservoirs in accordance with Section 5-40 of the Illinois Administrative Procedure Act, which shall include notice of a public hearing to be commenced no later than 20 days after publication of the notice of proposed rulemaking in the Illinois Register. In addition to the notice requirements of the Illinois Administrative Procedure Act, the applicant shall give notice of public hearing, at least 10 days prior to the date of the hearing, to all permittees of record and leaseholders whose wells or leases are within ¼ mile of the area described in the proposed rules by first class mail, postage pre-paid, and by publication in a newspaper of general circulation in each county in which any portion of the area described in proposed rules is located.

D) The public hearing shall be conducted in accordance with the provisions of Section 240.370(d)(4) and (d)(5). The Department shall fully consider the record from the public hearing and any other public comment received during the first notice period and, prior to commencement of the second notice period, shall make such changes to the proposed rules as may be necessary to prevent waste, protect correlative rights and prevent the unnecessary drilling of wells.

c) Coalbed Gas Wells

The Department shall not issue a permit for the drilling or deepening of a well for the production of coalbed gas from unmined seams of coal unless the proposed well location and spacing conform to drilling unit requirements of 10 acres of surface area lying within a quarter-quarter-quarter section of land (as established by the official United States Public Land Survey). The location of the well shall be not less than 330 feet from the nearest lease boundary line except any lease boundary line located within a pooled unit. The location shall be no less than 330 feet from the nearest location of a producing well or well being drilled or for which a permit has previously been issued, but not yet drilled, for a well to the same individual reservoir. The location shall be no less than 10 feet from the nearest drilling unit boundary line.

d) Coal Mine Gas Wells

A well drilled into a mine void or a pillar within the mined out area for the production of gas from an abandoned coal mine is exempt from the spacing requirements of this Subpart.

e) Other Wells

Class II UIC wells, coal, mineral and structure test holes, observation wells, water supply wells used in relation to oil or gas production, and gas storage wells are exempt from the requirements of this Section.

f) All new well locations shall not be less than 200 feet from the nearest occupied dwelling existing at the time the permit application is filed with the Department, unless the permittee obtains a written agreement with the surface owner upon which the dwelling is located specifically allowing for a closer well location.

History

• Source: Amended at 45 Ill. Reg. 13907, effective October 25, 2021

62 Ill. Adm. Code 240.420 Well Location Exceptions Within Drilling Unit

a) Whenever the conditions of a drilling unit render it impractical to drill an oil or gas well at a location conforming to the requirements of Section 240.410, an oil or gas well may be drilled at a nonconforming location as follows:

1. If the proposed location is less than 330 feet (or other applicable setback) from the nearest lease boundary line, the application shall be accompanied by a written agreement or agreements between the applicant and any leaseholders or mineral rights owners (if no leaseholder exist) whose leases or mineral rights are adjacent to and less than 330 feet (or other applicable setback) from the proposed location. In lieu of the submission of a written agreement or agreements, the applicant shall give notice by certified mail, return receipt requested, to any leaseholders or mineral rights owners (if no leaseholders exist) whose leases or mineral rights are adjacent to and less than 330 feet (or other applicable setback) from the proposed location. The notice shall include the proposed location of the well and the reason the location is requested, and shall inform the leaseholders or mineral rights owners that they may file written objections with the Department within 15 days after service of the notice. If a written objection is received, the matter shall be set for hearing, which shall be conducted in accordance with the provisions of Section 240.370(d).

2. In determining whether to approve a proposed nonconforming location, the Department will consider the feasibility and expense of drilling on location, any hazard or damage to persons or property or to the environment, and whether the proposed location would adversely affect the correlative rights of any of the owners of the reservoir or result in waste or the drilling of unnecessary wells.

b) If at the time of application, a lease immediately adjacent to a proposed drilling unit has producing wells located less than 330 feet from the common boundary line, then a well on the proposed drilling unit may be located at a distance closer than 330 feet but no closer than the distance to the common boundary line of the immediately offsetting well.

c) If a drilling unit is located over an active mine, the mined-out or inaccessible portion of an active mine, an abandoned mine, or the undeveloped limits of a mine, the proposed well may be located so that it will be drilled into an existing or proposed mine pillar subject to the conditions and limitations set forth in subsections (a) and (b).

d) For an oil production well or a well converted to oil production drilled prior to October 25, 2021, which does not comply with the well location and spacing requirements of Section 240.410, the permittee of the previously drilled well may make an application to the Department to obtain a revision of the requirements to the drilling unit for the previously drilled well under the following circumstances:

1. If the previously drilled well is located on the boundary line of two or more drilling units, the permittee may select the drilling unit to which the previously drilled well shall be attributed.

2. If the previously drilled well is located less than 10 feet from the drilling unit boundary line, the well location shall be deemed compliant and attributed to the drilling unit where physically located.

e) An application for revision of the requirements set forth in subsection (d) shall include facts as to the circumstance involved and the reason for the requested revision. The application shall be submitted upon a form determined and made available by the Department. Every application shall be accompanied by a fee of $400. [225 ILCS 725/14] If the revision is granted by the Department, all future applications to drill an oil production well on the drilling units previously included with the original drilling unit of the oil production well drilled prior to October 25, 2021, shall be accompanied by a copy of documentation from the Department granting the revision.

History

• Source: Amended at 48 Ill. Reg. 5734, effective March 27, 2024

62 Ill. Adm. Code 240.425 Change of a Permitted Drilling Location

a) If, after a permit is issued but prior to the commencement of drilling, the permittee determines that the permitted location is impractical to drill:

1. The permittee is allowed, without prior approval from the Department, to move the location a maximum of 60 feet from the permitted location, provided the amended location meets the requirements of Section 240.410 or the location exceptions in Section 240.420. A surveyed, amended application, showing the amended location and the reason the location was moved, shall be submitted to the Department within 10 days after moving the location.

2. If the proposed well location is more than 60 feet from the permitted location, provided the amended location meets the requirements of Section 240.410 or the location exceptions in Section 240.410, a surveyed, amended application must be submitted showing the proposed location and the reason the location is requested. Approval for the location must be received from the Department prior to the commencement of drilling.

b) If, during drilling, the well is lost (collapsed casing or hole, etc.), the permittee may terminate drilling and move the rig up to 30 feet from the permitted location and commence drilling operations, provided that:

1. the permittee notifies the District Office prior to the move and receives approval;

2. a new application and fee is submitted within 10 days in accordance with Section 240.220; and

3. the new location is in compliance with all other requirements of this Part.

History

• Source: Added at 43 Ill. Reg. 10459, effective September 6, 2019

Chapter I Department of Natural Resources

Part 240 The Illinois Oil and Gas Act

62 Ill. Adm. Code 240.430 Drilling Unit Exceptions

a) In the case of irregular sections containing more or less than 640 acres, in those areas where the United States Government has not made an official survey, in areas covered by the old French Surveys and Grants, in meandered lands, in government lots, and in subdivisions thereof where the acreage in quarter-quarter-quarter sections and quarter-quarter sections do not conform to the requirements of Section 240.410, the Department shall establish drilling units for wells such that drilling units will not cause a greater well density than would be encountered in regular official surveys relative to the distance between wells and the external drilling unit boundary lines specified in Section 240.410.

b) If the proposed oil wells will be part of an enhanced oil recovery project, spacing requirements for oil or gas production wells are as follows:

1. Except as provided in subsection (b)(2), the drilling unit and well location requirements of Section 240.410 do not apply to an oil well that is part of an enhanced oil recovery project. For purposes of this Subpart, an enhanced oil recovery project is a lease, or a unit composed of a group of leases operating under an agreement that provides for the sharing of production by all of the owners within the unit, which has one or more enhanced oil recovery injection wells permitted and in operation at the time an application for a permit to drill and operate an oil well is filed. The enhanced oil recovery injection wells in operation must be injecting into the reservoir that will be produced in order for the project to be classified as an enhanced oil recovery project.

2. Oil wells permitted and drilled in accordance with this Section must be located no less than 330 feet from the nearest lease boundary line or unit boundary, except that, if, at the time of application, a lease immediately adjacent to the proposed well has producing wells located less than 330 feet from the common boundary line, then the proposed well may be located at a distance closer than 330 feet, but no closer than the distance to the common boundary line of the immediately offsetting well.

c) If the proposed well is to be a post-primary recovery well:

1. The spacing requirements shall comply with Section 240.410; or

2. A new drilling unit may be designated consisting of two or more drilling units of the same size, shape and location as that required in Section 240.410 and located in the same reservoir. At least one-half of the drilling units used to make up the new drilling unit are required to contain at least one plugged or non-producing well. The new drilling unit shall not contain any drilling unit of a well actively producing from the same individual reservoir. The new drilling unit may cross section lines. In a reservoir in which the top lies less than 4,000 feet beneath the surface, the well shall be no less than 330 feet from the nearest external boundary lines of the new drilling unit nor less than 660 feet from the nearest location of a producing well, a well being drilled, or a well for which a permit has previously been issued (but under which the well has not yet been drilled) using the same individual reservoir. In a reservoir in which the top lies at or below 4,000 feet beneath the surface, the well shall be no less than 330 feet from the nearest external boundary lines of the new drilling unit nor less than 900 feet from the nearest location of a producing well, a well being drilled, or a well for which a permit has previously been issued (but under which the well has not yet been drilled) using the same individual reservoir.

History

• Source: Amended at 35 Ill. Reg. 13281, effective July 26, 2011

62 Ill. Adm. Code 240.440 More Than One Well on a Drilling Unit

More than one well may be drilled on a drilling unit to different reservoirs, allocating the acreage in the drilling unit for each producing reservoir as specified in Section 240.410.

History

• Source: Added at 15 Ill. Reg. 15493, effective October 10, 1991

62 Ill. Adm. Code 240.450 Directional Drilling

a) A directional drilled well is a wellbore which is purposely deviated from the vertical and intersects the planned zone of production at a projected surface location other than the surface location of the well specified on the permit.

b) For a directionally drilled well, the drilling unit shall be established and the well permitted with reference to the location of the well where it is proposed to be completed. All portions of the reservoir exposed in the wellbore shall meet the well location and spacing requirements specified in Section 240.410 or Section 240.460 for modified units.

c) If a directionally drilled well is drilled with more than one (1) directional hole from a single vertical wellbore, each directional hole shall be considered a separate well and permitted in accordance with Subpart B.

History

• Source: Amended at 19 Ill. Reg. 10981, effective July 14, 1995

62 Ill. Adm. Code 240.455 Horizontal Drilling

a) For purposes of this Subpart, a horizontal well is a wellbore that has an overall length within the reservoir of twice the thickness of the reservoir.

b) An oil or gas production well may be developed with one or more horizontal drainholes drilled from a single vertical wellbore and may be considered a single well and permitted in accordance with the provisions of Subpart B.

c) If the proposed horizontal well will be part of an enhanced oil recovery project, the spacing requirements for all portions of the horizontal drainholes shall comply with Section 240.430(b).

d) For a horizontal well:

1. the spacing requirements shall comply with Section 240.410; or

2. a horizontal drilling unit may be designated consisting of two or more drilling units of the same size, shape and location as that required for a well of the same depth in accordance with Section 240.410. The horizontal drilling unit may cross section lines.

e) For the horizontal wells described in subsection (d), all portions of the horizontal drainhole:

1. may travel in any direction or directions necessary for efficient production within the drilling unit;

2. shall be no less than 330 feet from the nearest lease boundary line except any boundary line located within a pooled unit; and

3. shall be no less than 330 feet from the nearest location of a producing well, a well being drilled, or a well for which a permit has previously been issued (but under which the well has not yet been drilled) using the same individual reservoir.

f) If a horizontal drilling unit configuration other than that allowed in subsection (d)is necessary because of geology or reservoir conditions, a modified or special drilling unit is required in compliance with Section 240.460 and/or Section 240.465.

History

• Source: Amended at 42 Ill. Reg. 5811, effective March 14, 2018

62 Ill. Adm. Code 240.460 Modified Drilling Unit

a) The Department shall schedule a hearing to consider a petition for modification of the location of the standard drilling unit described in Section 240.410, based on geologic or engineering characteristics of the reservoir, relative to the land survey system specified in Section 240.410 and well density specified in Section 240.465.

b) Upon petition of any person having an interest in oil or gas in a lease or drilling unit, when the proposed unit does not fit within divisions created by the official United States Public Land Survey described in Section 240.410, the Department shall initiate a review of the petition to determine whether the petition will be accepted. If the permit is accepted, a public hearing will be scheduled pursuant to subsection (e).

c) Contents of petition shall include:

1. the name and address of the petitioner;

2. a legal land description of the drilling unit sought to be established;

3. a description of the petitioner's interest in oil or gas in the drilling unit at issue; and

4. the petitioner's geologic or engineering reason for requesting a modified drilling unit.

d) Execution and Filing

1. The petition to modify a drilling unit in accordance with this Section or establish a special drilling unit in accordance with Section 240.465 shall be sent to the Department offices located in Springfield, Illinois.

2. Every petition shall be signed by the petitioner or his or her representative and the petitioner's address shall be stated on the petition. The signature of the petitioner or his or her representative constitutes a certificate by him or her that he or she has read the petition and that to the best of his or her knowledge, information and belief there is good ground to support the petition. The petition shall be accompanied by a non-refundable application fee in the amount of $1,500. [225 ILCS 725/21.1(b-2)]

3. A petition shall not be accepted if:

A) the petitioner has falsified or otherwise misstated any information on or relative to the petition;

B) the petitioner has failed to abate a violation of the Act specified in a final administrative decision of the Department;

C) an officer, director, agency, power of attorney or partner in the petitioner, or a person with an interest in the petitioner exceeding 5% was or is an officer, director, partner, agent, power of attorney or person with an interest exceeding 5% in another entity that failed to abate a violation of the Act specified in a final administrative decision of the Department;

D) the petitioner was or is an officer, director, agent, power of attorney, partner, or person with an interest exceeding 5% in another entity that has failed to abate a violation of the Act specified in a final administrative decision of the Department [225 ILCS 725/8(a)];

E) funds have been expended and remain outstanding from the PRF to plug wells, under Subpart P, for which the petitioner:

i) was a previous permittee;

ii) was or is an officer, director, agent, power of attorney, partner or person with an interest exceeding 5% in a permittee for which funds were expended; or

iii) an officer, director, agent, power of attorney or partner in the petitioner, or a person with an interest in the petitioner exceeding 5% was or is an officer, director, agent, power of attorney, partner or person with an interest exceeding 5% in a permittee for which funds were expended; or

F) the petitioner is delinquent in the payment of Annual Well Fees; or the petitioner was or is an officer, director, agent, power of attorney, partner or person with an interest exceeding 5% in another permittee who is delinquent in payment of Annual Well Fees; or an officer, director, agent, power of attorney or partner in the petitioner, or person with an interest in the applicant exceeding 5%, in a permittee who is delinquent in payment of Annual Well Fees.

4. If the Department finds the petition deficient relative to the requirements of subsection (c)(2) or (3), the petition shall not be accepted and the Department shall issue a written deficiency notice to the petitioner within 10 business days after its receipt. If the petitioner does not respond to the deficiencies within 60 days, the petition will be deemed denied.

5. If the Department finds the petition deficient relative to the requirements of subsections (a) or (b), the Department shall issue a written deficiency notice to the petitioner within 10 business days after the receipt date. If the petitioner does not respond to the deficiencies within 60 days, the petition will be deemed denied. Within 60 days after receipt of any deficiency notice under this subsection (d)(5), the petitioner may request, in writing, that the petition be accepted and a public hearing be held, in lieu of responding to the deficiency.

6. If the Department does not timely respond to any petition or the submission of additional information or documentation after initial submission within 10 business days after receipt, then the petition shall be deemed to be in sufficient form for acceptance and filing and the Department shall proceed with the scheduling of a public hearing. [225 ILCS 725/21.1(f)]

e) A public hearing on the petition shall be scheduled not less than 30 days, but not more than 60 days, after the acceptance of the petition by the Department. [225 ILCS 725/21.1(f)] Notice of hearing shall be given by the petitioner to all mineral owners within the boundaries set forth in the petition, and to all permittees whose wells or leases are within ¼ mile of the boundaries of the lease or drilling unit, by U.S. Postal Service certified mail, return receipt requested, and by publication in a newspaper of general circulation in each county in which any portion of the proposed lease or drilling unit or units is located, at least 10 days prior to the hearing. The notice shall include:

1. the name and address of the petitioner;

2. the date of the hearing;

3. the legal land description of the drilling unit sought to be established;

4. the geologic name and depth of the proposed production formations;

5. the address and telephone number for the Office of Oil and Gas Resource Management of the Department

6. As to the notice to be mailed, a statement that the recipient has 14 days from the date of mailing the notice, as stated in the notice, to comment on the petition and that comments must be made in writing to the Office; and

7. As to the newspaper publication notice, a statement that the public has 10 days from the date of the publication of the notice, as stated in the public notice, to comment on the petition and that comments must be made in writing to the Office.

f) Pre-Hearing Conferences

1. Upon his or her own motion or the motion of a party, the Hearing Officer shall direct the parties or their counsel to meet for a conference in order to:

A) Simplify the factual and legal issues presented by the hearing request;

B) Receive stipulations and admissions of fact and of the contents and authenticity of documents;

C) Exchange lists of witnesses the parties intend to have testify and copies of all documents the parties intend to introduce into evidence at the hearing; and

D) Discuss and resolve such other matters as may tend to expedite the disposition of the hearing request and to assure a just.

2. Pre-hearing conferences may be held by telephone conference, video conference or other electronic means if that procedure is acceptable to all parties.

g) Hearing

1. Hearing Officer: Every hearing shall be conducted by a Hearing Officer designated by the Director. The Hearing Officer shall take all necessary action to avoid delay, to maintain order and to develop a clear and complete record, and shall have all powers necessary and appropriate to conduct a fair hearing and to render a decision on the petition, including the following:

A) To administer oaths and affirmations;

B) To receive relevant evidence;

C) To regulate the course of the hearing and the conduct of the parties and their counsel;

D) To consider and rule upon procedural requests;

E) To examine witnesses and direct witnesses to testify, limit the number of times any witness may testify, limit repetitive or cumulative testimony and set reasonable limits on the amount of time each witness may testify;

F) To require the production of documents or subpoena the appearance of witnesses, either on the Hearing Officer's own motion or for good cause shown on motion of any party of record.

2. All hearings are open to the public and are held in compliance with the Americans with Disabilities Act of 1990 (42 USC 12101 et seq.). The hearings will be held at locations ordered by the Hearing Officer. The Hearing Officer will select hearing locations that comply with any geographic requirements imposed by applicable law and, to the extent feasible, promote the convenience of the parties and the conservation of the Department's resources. All hearings are subject to cancellation without notice. Interested persons may contact the Department or the Hearing Officer for information about the hearing. Parties, participants and members of the public must conduct themselves with decorum at the hearing.

3. Upon the motion of any party, the Hearing Officer may order that a hearing be held by telephone conference, video conference or other electronic means. In deciding whether a hearing should be held by telephone conference, video conference or other electronic means, factors that the Hearing Officer shall consider include cost-effectiveness, efficiency, facility accommodations, witness availability, public interest, the parties' preferences, and the proceeding's complexity and contentiousness.

4. Every interested person wishing to participate at the hearing shall enter an appearance in writing. The Hearing Officer shall determine if the interested person shall be allowed to enter as a party of record. The Hearing Officer shall base that determination on the same standards used to determine parties in Circuit Court.

5. All participants in the hearing shall have the right to be represented by counsel.

6. The Hearing Officer shall allow all parties to present statements, testimony, evidence and argument as may be relevant to the proceeding.

7. At least one representative of the Department shall appear at any hearing held under this Section and shall be given the opportunity to question parties or otherwise elicit information necessary to reach a decision on the petition.

8. When applicable, the following shall be addressed prior to receiving evidence:

A) The petitioner may offer preliminary exhibits, including documents necessary to present the issues to be heard, notices, proof of publication and orders previously entered in the cause.

B) Ruling may be made on any pending motions.

C) Any other preliminary matters appropriate for disposition prior to presentation of evidence may be addressed.

h) Evidence

1. Admissibility: A party shall be entitled to present his or her case by oral or documentary evidence, to submit rebuttal evidence, and to conduct cross-examination as may be required for a full and true disclosure of the facts. Any oral or documentary evidence received by the presiding Hearing Officer shall exclude evidence that is irrelevant, immaterial or unduly repetitious. The rules of evidence and privilege applied in civil cases in the courts of the State of Illinois shall be followed; however, evidence not admissible under those rules of evidence may be admitted, except when precluded by reasonable, prudent men in the conduct of their affairs. Subject to these requirements, when a hearing will be expedited and the interests of the parties will not be prejudiced, a Hearing Officer shall allow evidence to be received in written form.

2. Official Notice: Official notice may be taken of any material fact not appearing in evidence in the record if the circuit courts of this State could take judicial notice of that fact. In addition, notice may be taken of generally recognized technical or scientific facts within the Department's specialized knowledge.

3. Order of Proof: The petitioner shall open the proof. Other parties of record shall be heard immediately following the petitioner. The Hearing Officer or Department representatives may examine any witnesses. In all cases, the Hearing Officer shall designate the order of proof and may limit the scope of examination or cross-examination.

4. Briefs: The Hearing Officer may require or allow parties to submit written briefs to the Hearing Officer within 10 days after the close of the hearing or within such other time as the Hearing Officer shall determine as being consistent with the Department's responsibility for an expeditious decision.

i) Record of Proceedings; Testimony

The Department shall provide at its expense a certified shorthand reporter to take down the testimony and preserve a record of all proceedings at the hearing. Any person testifying shall be required to do so under oath. However, relevant unsworn statements, comments and observations by any interested person may be heard and considered by the Department and included in the record.

j) Postponement or Continuance of Hearing

A hearing may be postponed or continued for due cause by the Hearing Officer upon his or her own motion or upon the motion of a party to the hearing. A motion filed by a party to the hearing shall set forth facts attesting that the request for continuance is not for the purpose of delay. Except in the case of an emergency, motions requesting postponement or continuance shall be made in writing and shall be received by all parties to the hearing.

k) Default

If a party, after proper service of notice, fails to appear at the pre-hearing conference or at a hearing, and if no continuance is granted, the Department may then proceed to make its decision in the absence of that party. If the failure to appear at such pre-hearing conference or hearing is due to an emergency situation beyond the parties' control, and the Department is notified of the situation on or before the scheduled pre-hearing conference or hearing date, the pre-hearing conference or hearing will be continued or postponed pursuant to Section 240.460(i). Emergency situations include sudden unavailability of counsel, sudden illness of a party or his or her representative, or similar situations beyond the parties' control.

l) The Department, after public hearing, shall either grant or deny the petition within 20 working days after the conclusion of the hearing. [225 ILCS 725/21.1(f)]

m) If the Department finds, based on the reservoir's geological and engineering characteristics, that a modified drilling unit or units are necessary to prevent waste, to protect correlative rights, and to prevent the unnecessary drilling of wells, the Department shall enter an order establishing the modified drilling unit or units. Each order shall:

1. specify the location of each drilling unit relative to the land survey system; and

2. specify the set back from the drilling unit boundaries for the location of the oil or gas well on each drilling unit; and

3. terminate 1 year from the effective date of the order unless a well has been drilled on the drilling unit within that time. If a well has been drilled within that time, the order shall terminate when the well is plugged.

n) Order − Final Administrative Decision

The Director's order is a final administrative decision of the Department, pursuant to Section 10 of the Act.

History

• Source: Amended at 42 Ill. Reg. 5811, effective March 14, 2018

62 Ill. Adm. Code 240.465 Special Drilling Unit

a) The Department shall consider a petition to establish a special drilling unit based on whether:

1. the well density specified in Section 240.430(a) is maintained; and

2. a standard drilling unit cannot be formed utilizing the integration provisions of Section 240.132.

b) Upon petition of any person having an interest in oil and gas in a lease or drilling unit, when the proposed drilling unit size and shape is other than that specified in Section 240.410, the Department shall initiate a review of the petition to determine whether the petition will be accepted. If the permit is accepted, a public hearing will be scheduled pursuant to Section 240.460(e).

c) Contents of the petition shall include:

1. the name and address of the petitioner;

2. a legal land description of the drilling unit sought to be established;

3. a description of the petitioner's interest in oil or gas in the drilling unit at issue; and

4. the petitioner's reason for requesting a special drilling unit, including the submission of supporting geologic and engineering data.

d) Applications to establish a special drilling unit shall be processed in accordance with the petition filing, execution, public notice and hearing provisions specified under Section 240.460(d) through (n).

History

• Source: Amended at 42 Ill. Reg. 5811, effective March 14, 2018

Chapter I Department of Natural Resources

Part 240 The Illinois Oil and Gas Act

62 Ill. Adm. Code 240.470 Establishment of Pool-Wide Drilling Units Based Upon Reservoir Characteristics

a) Upon application of any person having an interest in oil or gas in all or a portion of a reservoir, the Department shall consider the establishment of pool-wide drilling units other than specified in Section 240.410 of this Part for all or a portion of a reservoir for the production of oil or gas.

b) Applications to establish pool-wide drilling units based upon reservoir characteristics shall be processed in accordance with Section 240.133 of this Part.

c) The following pool-wide oil well spacing is established by the Department.

1. Ten acre spacing is established for the Devonian and Silurian Limestone in Sections 16, 17, 20, 21 and 29 of Township 3 North, Range 3 West, Schuyler County, Illinois, known as the Brooklyn Pool.

2. Ten acre spacing is established for the Devonian and Silurian Limestone in Sections 29, 30, 31 and 32 of Township 1 South, Range 3 West, Sections 24, 25, 26, 33, 34, 35 and 36 of Township 1 South, Range 4 West, Sections 5, 6 and 8 of Township 2 South, Range 3 West and Sections 1, 2, 3 and 4 of Township 2 South, Range 4 West, Brown County, Illinois, known as the Buckhorn Consolidated Pool.

3. Ten acre spacing is established for the Devonian and Silurian Limestone in Sections 8, 9, 15, 16 and 17 of Township 2 South, Range 4 West, Brown County, Illinois, known as the Siloam Pool.

4. Ten acre spacing is established for the Devonian and Silurian Limestone in Sections 6 and 7 of Township 1 North, Range 1 West, Sections 1, 2 and 12 of Township 1 North, Range 2 West and Sections 35 and 36 of Township 2 North, Range 2 West, Schuyler County, Illinois, known as the Rushville Central Pool.

5. Ten acre spacing is established for the Devonian and Silurian Limestone in Sections 25 and 36 of Township 1 South, Range 5 West, Sections 1, 2, 10, 11 and 12 of Township 2 South, Range 5 West, Adams County, Illinois and in Section 7 of Township 2 South, Range 4 West, Brown County, Illinois, known as the Kellerville Pool.

6. Ten acre spacing is established for the St. Louis Limestone (Mississippian) in Sections 6, 7, 18 and 19 of Township 11 North, Range 11 East and Sections 3, 4, 5, 6, 7, 8, 9, 10, 16, 17, 18, 19, 20, 21, 28, 29 and 30 of Township 11 North, Range 14 West, Clark County, Illinois, known as the Westfield Pool.

7. Ten acre spacing is established for the St. Louis/Salem (Mississippian) Limestone in Sections 31, 32, 33 and 34 of Township 12 North, Range 14 West, Clark County, Illinois, known as the Westfield Pool.

8. Ten acre spacing is established for the St. Louis/Salem (Mississippian) Limestone in Sections 2, 3, 10, 11, 12 and 13 of Township 9 North, Range 14 West and in Sections 14, 15, 22, 23, 24, 25, 26, 35 and 36 of Township 10 North, Range 14 West, Clark County, Illinois, known as the Martinsville Pool.

9. Ten acre spacing is established for the St. Louis/Salem (Mississippian) Limestone in Sections 22, 23, 26, 27, 34 and 35 of Township 9 North, Range 14 West, Clark County, Illinois, known as the Johnson South Pool.

10. Ten acre spacing is established for the Trenton Limestone in Sections 34 and 35 of Township 1 South, Range 10 West and in Sections 2, 3, 11 and 24 of Township 2 South, Range 10 West, Monroe County, Illinois, known as the Waterloo Pool.

11. Ten acre spacing is established for the Trenton Limestone in Sections 27, 33 and 34 of Township 1 North, Range 10 West, St. Clair County, Illinois, known as the Dupo Pool.

12. Ten acre spacing is established for the Silurian (reef section) in the S1/2 SE1/4 and south 12 acres of fractional SW1/4 of Section 18; S1/2 SW1/4 of Section 17; NW1/4 and N1/2 SW1/4 and SW1/4 SW1/4 of Section 20; all of Section 19 except the W1/2 S1/2 of fractional SW1/4, all located in Township 2 South, Range 3 West, Washington County, known as the Nashville Pool.

d) The following pool-wide natural gas spacing is established by the Department.

One hundred sixty acre spacing is established for the New Albany Shale Gas in the West half of Section 5, and all of Sections 6, 7, 8, 17, 18, 19 and 20 of Township 4 North, Range 10 West and in Sections 1, 2, 11, 12, 13 and 14 and the East half of Section 24, of Township 4 North, Range 11 West, Lawrence County, Illinois.

History

• Source: Amended at 21 Ill. Reg. 7164, effective June 3, 1997

62 Ill. Adm. Code 240.500 Definitions

For the purpose of this Subpart the term:

"Completion Fluids" means liquids that are used to complete or workover a well including saltwater, crude oil, frac fluids, acids and other treatment chemicals.

"Completion Fluid Waste" means completion fluids that are generated from the well during completion or workover activities.

"Drilling Fluid" means any freshwater based drilling muds, air or air foam mixtures used in the drilling of a well.

"Drilling Fluid Waste" means drilling fluids, muds and cuttings that are generated from the well during drilling activities.

"Oil Drilling Fluid" means any refined oil based drilling mud or drilling mud containing greater than 5% by volume crude oil.

"Saltwater Drilling Fluid" means any saltwater based drilling mud in excess of 10,000 ppm chlorides.

History

• Source: Amended at 19 Ill. Reg. 10981, effective July 14, 1995

62 Ill. Adm. Code 240.510 Department Permit Posted

During well drilling, deepening or conversion operations a copy of the permit shall be kept at the well site.

History

• Source: Section repealed at 15 Ill. Reg. 15493, effective October 10, 1991, new Section added at 16 Ill. Reg. 15513, effective September 29, 1992

62 Ill. Adm. Code 240.520 Drilling Fluid Handling and Storage

a) Cable Tool or Air Rotary Drilling

When drilling with cable tools or air rotary equipment the permittee shall provide at least one (1) sediment pit or above ground container into which drill cuttings and drilling fluids shall be deposited.

b) Rotary Drilling with Mud

When drilling with rotary drilling equipment using drilling fluids, the permittee shall provide at least one (1) sediment pit or above ground portable container into which drill cuttings shall be deposited, and one (1) drilling fluid circulation pit or leak free above ground container. Other pits, such as a reserve pit used for storage of drilling fluid waste, may be constructed as needed by the permittee.

c) Drilling Pits

1. Pits used for drill cuttings (sediment pits) and drilling fluids (circulation pits) or drilling fluid wastes (reserve pits) shall be constructed with sufficient capacity to contain all drilling fluids within the pits, and maintained in a manner that reasonably prevents against overflow during drilling operations and prior to commencing pit restoration in accordance with Section 240.540 of this Part. Discharge of drilling fluids from the pits into any surface water or water drainage way is prohibited.

2. Sediment pits and drilling fluid circulation pits and reserve pits shall be used only for the temporary storage of drill cuttings and drilling fluids, and shall not be used for the disposal of general oilfield wastes.

History

• Source: Amended at 19 Ill. Reg. 10981, effective July 14, 1995

62 Ill. Adm. Code 240.525 Saltwater or Oil Based Drilling Fluid Handling and Storage

a) When initiating drilling operations using saltwater or oil drilling fluids, the permittee shall provide at least one (1) lined sediment pit or above ground, portable container into which drill cuttings shall be deposited, and one (1) lined drilling fluid circulation pit or leak free, above ground container.

b) Pits used for drill cuttings (sediment pits) and drilling fluids (circulation pits) or reserve pits (drilling fluid waste storage) shall be lined with at least a 20 mil thickness liner. If drilling operations begin with fresh water based mud and a mud cake is established in the drilling and circulation pits prior to the use of saltwater or oil based mud, liners are not required unless those pits will be used for drilling fluid waste disposal. Reserve pits into which saltwater or oil based drilling fluid wastes are deposited or disposed shall be lined. Pits shall be constructed with sufficient capacity to contain all drilling fluids within the pits, and maintained in a manner that reasonably prevents against overflow during drilling operations and prior to commencing pit restoration in accordance with Section 240.540 of this Part. Discharge of drilling fluids from the pits into any surface water or water drainage way is prohibited.

c) Sediment pits and drilling fluid circulation pits and reserve pits shall be used only for the storage and disposal of drill cuttings and drilling fluids, and shall not be used for the disposal of general oilfield wastes.

History

• Source: Added at 19 Ill. Reg. 10981, effective July 14, 1995

62 Ill. Adm. Code 240.530 Completion Fluid and Completion Fluid Waste Handling and Storage

a) Completion Fluid Handling and Storage Prior to Use

If completion fluids are temporarily stored at the well site prior to use in completion activities, the fluids shall be stored in a lined completion pit or leak free above ground container.

b) Completion Fluid Waste Handling and Storage

Completion fluid wastes generated from the well during completion activities shall be collected at the well site in a completion pit or leak free above ground container. A pit used for this purpose need not be lined.

c) Completion and Workover Pits

1. Pits used for completion fluids and completion fluid wastes shall be constructed with sufficient capacity to contain the fluids within the pits, and maintained in a manner that reasonably prevents against overflow during completion or workover activities and prior to commencing pit restoration in accordance with Section 240.540 of this Part. Discharge of completion fluids and completion fluid wastes from the pits into any surface water or water drainage way is prohibited.

2. The sediment pit or the drilling fluid circulation pit used during drilling operations may be used for the collection of completion fluid wastes during completion activities. If either pit is used as a completion pit, drill cuttings and drilling fluids shall first be removed and a dike constructed to prevent completion fluid wastes from entering the other pit.

3. Completion or workover pits used to store completion fluids prior to use in the well shall be lined with a liner at least 20 mils in thickness.

4. Completion or workover pits shall be used only for the temporary storage of completion fluids and completion fluid wastes in accordance with the requirements of this subsection, and shall not be used for the disposal of general oilfield wastes.

History

• Source: Amended at 21 Ill. Reg. 7164, effective June 3, 1997

62 Ill. Adm. Code 240.540 Drilling and Completion Pit Restoration

a) Sediment, drilling fluid circulation and reserve pits, except sediment pits used as completion pits, shall be filled and leveled within 6 months after drilling ceases. Drilling fluid wastes may be disposed of by on-site burial or surface application in accordance with subsection (b) of this Section at the site of drilling. Saltwater or Oil Drilling Fluid wastes shall be removed from the site and disposed of in an Illinois Environmental Protection Agency permitted special waste landfill, injected in a Class II well, disposed of in a well during the plugging process or buried in one of the lined pits and the liner folded over and an additional liner material added to completely cover the drilling waste and buried at least 5 feet below the ground surface.

b) If surface application is used for disposal of drilling fluid wastes (prohibited for Saltwater or Oil Based Drilling Fluids), the wastes shall be landspread, incorporated and stabilized to limit run off of storm water containing drilling fluid waste. Discharge of drilling fluid waste into surface waters or water drainage ways is prohibited.

c) Drilling pits used as completion pits in accordance with Section 240.530(c)(2) of this Subpart shall be filled and leveled within 6 months after completion activities cease. Newly constructed completion or workover pits shall be filled and leveled within 90 days after completion or workover activities cease. All completion or workover fluid wastes shall be removed from the pit and disposed of in a Class II Injection well (or in above ground tanks of containers pending disposal) prior to restoration. Any remaining residue not removed can be disposed of through on-site burial. Only residue from that particular well on which completion or workover activities were performed can be disposed of by on-site burial.

d) All drilling, completion and workover pits shall be filled and leveled in a manner that allows the site to be returned to original use with no subsidence or leakage of fluids, and where applicable, with sufficient compaction to support farm machinery.

History

• Source: Amended at 22 Ill. Reg. 22314, effective December 14, 1998

62 Ill. Adm. Code 240.550 Disposal of General Oilfield Wastes and Other Wastes

All general oilfield wastes generated during drilling, completion and workover activities shall be temporarily stored in on-site containers, and shall be removed from the site prior to or at the conclusion of the given activity and disposed of in accordance with the federal Resource Conservation and Recovery Act of 1976.

History

• Source: Amended at 21 Ill. Reg. 7164, effective June 3, 1997

62 Ill. Adm. Code 240.600 Applicability

The provisions of this Subpart apply to wells drilled for the production of oil or gas, or wells drilled for water supply in connection with an enhanced oil recovery project.

History

• Source: Added at 15 Ill. Reg. 15493, effective October 10, 1991

62 Ill. Adm. Code 240.605 Drilled Out Plugged Hole (doph) Notification

The permittee shall notify the District Office for the county in which the well is located 24 hours prior to commencing drilling of a drilled out plugged hole (DOPH).

History

• Source: Added at 21 Ill. Reg. 7164, effective June 3, 1997

62 Ill. Adm. Code 240.610 Construction Requirements for Production Wells

a) Surface Casing Requirements for Wells Drilled After May 13, 1994

1. Steel surface casing or fiberglass casing meeting API standards (Fiberglass Casing and Tubing; 15AR, May 1987, published by the American Petroleum Institute, 1220 L Street NW, Washington DC 20005-4070; no later editions or amendments included) shall be set to a depth of at least 100 feet, or 50 feet below the base of the fresh water, whichever is deeper, unless an alternative surface casing procedure is used as outlined in subsection (b).

2. Surface casing or alternative surface casing shall be set in the presence of a representative of the Department and the permittee shall give at least 24 hours notice to the appropriate District Office prior to setting the surface casing. The District Office may approve the setting of surface casing without a Department representative being present. If the District Office approves the setting of surface casing without a Department representative being present, the permittee is required to submit cement and casing records verifying the setting of surface casing. If cement and casing records are required, the permittee shall provide the records to the District Office within 24 hours after completion of the work.

3. Surface casing shall be cemented in place by circulating cement behind the surface casing from the setting depth of the casing to the surface.

4. The cement shall be allowed to set in place until it has developed sufficient strength to allow drilling to resume, but no less than 4 hours.

b) Alternative Surface Casing Procedures

1. Prior to the commencement of drilling, the permittee shall notify the District Office for the county where the well will be located of the permittee's intent to use an alternative surface casing procedure.

2. Notice shall be given on a form prescribed by the Department and received in the District Office at least 24 hours prior to the commencement of drilling.

3. The following alternative surface casing procedures may be used unless the well is located over a coal mined out area or a gas storage field:

A) If the unconsolidated material is less than 25 feet thick, no surface casing is required but a cement basket shall be set 50 feet below the base of the fresh water and the production casing shall be either cemented to surface from total depth or cemented from the cement basket to surface.

B) If the unconsolidated material is greater than 25 feet thick, surface casing is required to be set and cemented, in accordance with subsection (a), to the top of the bedrock, and the production casing shall be either cemented to surface from total depth or cemented from the cement basket (placed 50 feet below the base of the fresh water) to surface.

C) For wells in which the total depth is less than 500 feet below the base of the fresh water, no surface casing or cement basket is required, but the production casing shall be cemented from total depth to surface.

4. For wells located over a coal mined out area:

A) surface casing and cement shall be set to a minimum of 40 feet or to the top of the bedrock, whichever is deeper, before drilling to the depth of the mined out area or into the mined out area; and

B) a cement basket shall be set 50 feet below the base of the fresh water and the production casing shall be cemented from the basket to the surface or, if required under Section 240.1360, a mine string shall be set in accordance with Section 240.1360(b).

5. For wells located over a gas storage field:

A) at least 100 feet of surface casing and cement shall be set before drilling to the depth of gas storage zone; and

B) a cement basket shall be set 50 feet below the base of the fresh water and the production casing shall be cemented from the basket to the surface or, if required under Section 240.1360, a mine string shall be set in accordance with Section 240.1360(b).

c) Production Casing Requirements for Wells Drilled After May 13, 1994

Production casing shall be set and cemented in place by circulating cement behind the production casing from the setting depth of the casing to a minimum of 250 feet above the shallowest producing interval. The casing shall be set no higher than 50 feet above the top of the uppermost producing interval in an open hole completion.

d) Production Casing Requirements for Wells Drilled Prior to May 13, 1994

1. For all existing wells without production casing:

A) If surface casing was previously set, production casing shall be set and cemented a minimum of 250 feet in accordance with subsection (c).

B) If surface casing was not previously set, production casing shall be set and cemented to surface.

2. Wells drilled prior to May 13, 1994 that contain drive pipe without cement behind the drive pipe will require no further cementing work.

e) Tubing and Packer in Flowing Wells

All wells flowing as a result of an enhanced oil recovery project shall be produced through tubing and packer. The packer shall be set within 200 feet of the top of the producing interval and within the cemented portion of the production casing. The permittee shall contact the District Office in which the well is located at least 24 hours prior to the initial setting or any resetting of the packer to enable an inspector to be present when the packer is set.

History

• Source: Amended at 40 Ill. Reg. 7051, effective April 22, 2016

62 Ill. Adm. Code 240.620 Remedial Cementing of Leaking Wells

If the Department determines through field observation that any well is leaking well bore fluid into the freshwater zone or onto the surface, remedial cementing shall be required. The remedial cementing shall be accomplished by:

a) perforating and squeezing cement from fifty (50) feet below the base of the fresh water to the surface, or

b) by extending small diameter tubing behind the production casing to a depth of at least fifty (50) feet below the base of the fresh water and circulating cement to the surface.

History

• Source: Section repealed, new Section adopted at 15 Ill. Reg. 15493, effective October 10, 1991

62 Ill. Adm. Code 240.630 Operating Requirements

a) The well shall be maintained and operated in accordance with all permit conditions or be subject to permit revocation in accordance with Section 240.251.

b) The well and wellhead shall be maintained in a leak-free condition.

c) All spills of produced water or oil occurring at the well site due to a leaking wellhead shall be cleaned up in accordance with Subpart I.

d) Wells that have not had commercial production within the last 2 years shall be temporarily abandoned or plugged in accordance with Subpart K.

e) Casinghead gas, produced in conjunction with oil production, that is not collected for use or sale, shall be flared unless the Department approves an exemption from this requirement. In determining whether to approve an exemption, the Department shall consider the quantity of casinghead gas produced, the topographical and climatological features at the well site, and the proximity of agricultural structures and crops, inhabited structures, public buildings, and public roads and railways.

f) If hydrogen sulfide gas (H2S) is present in excess of 20 ppm within 5 feet in any direction from the wellhead or the end of the flare line, the Department shall specify measures to be taken by the permittee to protect against waste and injury to the public health and safety, which may include the erection of flare lines, the posting of warning signs, and the erection of fencing. The Department may also require the setting of a temporary mechanical or cement plug during any period of time in which the well is not producing or during any period of time necessary to effectuate safety measures. In specifying the measures to be taken by the permittee, the Department shall consider the quantities of H2S being emitted, the topographical and climatological features at the well site and the proximity of inhabited structures, public buildings, and public roads and railways.

History

• Source: Amended at 35 Ill. Reg. 13281, effective July 26, 2011

62 Ill. Adm. Code 240.640 Reporting Requirements

a) Well Completion Reports

1. Contents

The Well Completion Report shall be completed on a form prescribed by the Department and shall contain:

A) the name and location of the well;

B) information on the construction of the well;

C) information on the producing zones and the type of completion treatment performed on each zone; and

D) initial production rates.

2. Newly drilled wells

A Well Completion Report shall be submitted to the Department within 30 days after the conclusion of initial completion activities (i.e., production testing or date of first production) or within 30 days after the expiration of the permit if the well was not drilled.

3. Existing wells

A Well Completion Report shall be completed and submitted to the Department for each workover or recompletion of any existing production well or conversion to a production well which results in a change of the original well construction or zone of production. The Well Completion Report shall be submitted within 30 days after the completion of any such workover, recompletion or conversion activity. A Well Completion Report is required within 30 days after the expiration of a conversion permit if the well was not converted.

4. Non-productive Wells (Dry Holes)

A Well Completion Report shall be completed and submitted to the Department for each non-productive well or "dry hole". The Well Completion Report shall be submitted within 30 days after attempted completion of the non-productive well.

b) Well Drilling Report

1. For all wells drilled or deepened after the effective date of this Section, a Well Drilling Report shall be completed by the permittee on a form prescribed by the Department.

2. The Well Drilling Report shall be submitted to the State Geological Survey in Champaign, Illinois within 90 days after drilling ceases and shall contain:

A) the name and location of the well;

B) drilling information;

C) the geologic names and depths of the formations encountered in drilling the well;

D) the results of all drill stem tests; and

E) a copy of the drilling time or geolograph record if a geophysical log was not run unless the well was drilled with air rotary tools.

3. A Well Drilling Report is not required for well conversion not entailing deepening of the well.

c) Geophysical Logs

A copy of all open hole wire line or geophysical logs run on a well shall be submitted to the State Geological Survey within 90 days after drilling ceases.

d) Drill Cuttings

1. Notification and Collection of Drill Cuttings

The Department shall notify the permittee when cuttings are required to be collected. Drill cuttings shall be collected for each run drilled in cable tool wells and each ten feet of distance drilled in rotary or air drilled wells. The permittee shall obtain containers for the cuttings, and deliver the cuttings to the Illinois State Geological Survey in Champaign, Illinois. When cuttings are required, a Drilling Time log shall also be submitted.

2. When Drill Cuttings Required

The Department will require drill cuttings for a newly permitted well when drill cuttings have not previously been submitted for any well within 1/2 mile of the newly permitted well. If the newly permitted well is drilled to a depth greater than any other well within 1/2 mile for which drill cuttings were submitted, drill cuttings will be required only from the lowest depth previously submitted to the total depth of the newly permitted well.

History

• Source: Amended at 21 Ill. Reg. 7164, effective June 3, 1997

62 Ill. Adm. Code 240.650 Confidentiality of Well Data

When requested in writing by the permittee, the Well Completion Report, Well Drilling Report, geophysical logs, and drill cuttings shall be kept confidential for two (2) years from the date of issuance of the permit for the particular well in accordance with the provisions of Section 3 of "The Well Abandonment Act" (Ill. Rev. Stat. 1989, ch. 9½, par. 5203, as amended by P.A. 87-744, effective September 26, 1991).

History

• Source: Section repealed, new Section adopted at 15 Ill. Reg. 15493, effective October 10, 1991

62 Ill. Adm. Code 240.655 Mechanical Integrity Testing for Class Ii Injection Wells (repealed)

History

• Source: Repealed at 15 Ill. Reg. 15493, effective October 10, 1991

62 Ill. Adm. Code 240.660 Monitoring and Reporting Requirements for Enhanced Recovery Injection and Disposal Wells (repealed)

History

• Source: Repealed at 15 Ill. Reg. 15493, effective October 10, 1991

62 Ill. Adm. Code 240.670 Avoidable Waste of Gas (repealed)

History

• Source: Repealed at 15 Ill. Reg. 15493, effective October 10, 1991

62 Ill. Adm. Code 240.680 Escape of Unburned Gas Prohibited (repealed)

History

• Source: Repealed at 15 Ill. Reg. 15493, effective October 10, 1991

62 Ill. Adm. Code 240.700 Applicability and Definitions

The provisions of this Subpart apply to all Class II UIC wells - including commercial saltwater disposal wells.

"Commercial Saltwater Disposal Well Facility" means a commercial saltwater disposal well and all associated Class II storage tanks, concrete storage structures, piping and valves.

History

• Source: Amended at 19 Ill. Reg. 10981, effective July 14, 1995

62 Ill. Adm. Code 240.710 Surface and Production Casing Requirements for Newly Drilled Class Ii Uic Wells

a) Surface Casing

1. Steel surface casing shall be set to a depth of at least 100 feet, or 50 feet below the base of the freshwater zone, whichever is deeper, unless an alternative surface casing procedure is used as outlined in subsection (b).

2. Surface casing shall be set in the presence of a representative of the Department and the permittee shall give at least 24 hours notice to the District Office prior to setting the surface casing. The District Office may approve the setting of surface casing without a Department representative being present. If the District Office approves the setting of surface casing without a Department representative being present, the permittee is required to submit cement and casing records verifying the setting of surface casing. If cement and casing records are required, the permittee shall provide the records to the District Office within 24 hours after completion of the work.

3. Surface casing shall be cemented in place by circulating cement behind the surface casing from the setting depth of the casing to the surface.

4. The cement shall be allowed to set in place until it has developed sufficient strength to allow drilling to resume, but no less than 4 hours.

b) Alternative Surface Casing Procedures

1. Prior to the commencement of drilling, the permittee shall notify the District Office for the county where the well will be located of the permittee's intent to use an alternative surface casing procedure.

2. Notice shall be given on a form prescribed by the Department and received in the District Office at least 24 hours prior to the commencement of drilling.

3. The following alternative surface casing procedure may be used unless the well is located over a coal mined out area or a gas storage field:

A) If the unconsolidated material is less than 25 feet thick, no surface casing is required but a cement basket shall be set 50 feet below the base of the fresh water and the production casing either cemented to surface from total depth, or cemented from the cement basket to surface.

B) If the unconsolidated material is greater than 25 feet thick, surface casing is required to be set, and cemented in accordance with subsection (a), to the top of the bedrock, and the production casing shall be either cemented to surface from total depth or cemented from the cement basket (placed 50 feet below the base of the fresh water) to surface.

C) For wells in which the total depth is less than 500 feet below the base of the fresh water, no surface casing or cement basket is required, but the production casing shall be cemented from total depth to surface.

4. For wells located over a coal mined out area or a gas storage field:

A) at least 100 feet of surface casing and cement shall be set before drilling to the depth of the mined out area, into the mined out area or to the depth of the gas storage zone; and

B) a cement basket shall be set 50 feet below the base of the fresh water and the production casing shall be cemented from the basket to the surface or, if required under Section 240.1360, a mine string shall be set in accordance with Section 240.1360(b).

c) Production Casing

Production casing shall be set and cemented in place by circulating cement behind the production casing from the setting depth of the casing to a minimum of 250 feet above the shallowest permitted injection interval. The casing shall be set no higher than 50 feet above the top of the uppermost permitted injection interval in an open hole completion.

History

• Source: Amended at 35 Ill. Reg. 13281, effective July 26, 2011

62 Ill. Adm. Code 240.720 Surface and Production Casing Requirements for Conversion to Class Ii Uic Wells

a) Surface Casing

For conversions of existing production wells which do not have surface casing completely covering the fresh water zone, further cementing is not required unless it is necessary to establish external mechanical integrity in accordance with Section 240.770.

b) Production Casing

For all conversions of existing production wells, cement shall extend to at least one hundred (100) feet above the injection interval or the bottom of the casing in an open hole completion.

History

• Source: Former Section recodified to Section 240.680; new Section adopted at 15 Ill. Reg. 15493, effective October 10, 1991

62 Ill. Adm. Code 240.730 Surface and Production Casing Requirements for Existing Class Ii Uic Wells

a) Surface Casing

For existing Class II UIC wells which do not have surface casing completely covering the fresh water zone, further cementing is not required unless it is necessary to establish external mechanical integrity in accordance with Section 240.770.

b) Production Casing

The top of the cement behind the production casing shall be a sufficient distance above the top of the uppermost permitted interval of injection to prevent upward migration of injected fluid. In determining the sufficiency of cement, the Department shall consider the amount of existing cement, the location of the packer and the injection pressure.

History

• Source: Added at 15 Ill. Reg. 15493, effective October 10, 1991

62 Ill. Adm. Code 240.740 Other Construction Requirements for Class Ii Uic Wells

a) The wellhead shall be configured to include a one quarter inch female fitting, with shut-off valve, to allow monitoring of the annulus between the production casing and the injection tubing.

b) A one quarter inch female fitting, with shut-off valve, shall be installed on the tubing to measure the injection pressure.

History

• Source: Amended at 18 Ill. Reg. 8061, effective May 13, 1994

62 Ill. Adm. Code 240.750 Operating Requirements for Class Ii Uic Wells

a) The wellhead shall be maintained in a leak-free condition.

b) Spills of injected fluids occurring at the well site due to a leaking wellhead shall be cleaned up in accordance with Subpart I.

c) Wells that are not equipped with tubing and packer shall be temporarily abandoned or plugged in accordance with Subpart K.

d) The injection pressure shall not exceed the maximum injection pressure established in accordance with Section 240.340(e), unless amended in accordance with Section 240.390(b).

e) No change shall be made in the permitted injection zones except in accordance with Section 240.390(a) or Section 240.395.

f) No change shall be made in the permitted injection fluid except in accordance with Section 240.390(c).

g) Within the Area of Review as defined in 62 Ill. Adm. Code 240.360, injection fluids shall be confined to the permitted injection zones. If the injection fluids are migrating into unpermitted zones, or into the freshwater zone or to the surface from the well in question or from other wells within the Area of Review, the permittee shall notify the Department and shut in the well until remedial action that prevents the fluid migration is completed.

h) Mechanical integrity must be established in accordance with Sections 240.760 and 240.770.

i) Only Class II fluids can be injected into a Class II well.

History

• Source: Amended at 35 Ill. Reg. 13281, effective July 26, 2011

62 Ill. Adm. Code 240.760 Establishment of Internal Mechanical Integrity for Class II UIC Wells

a) For purposes of this Section, establishment of internal mechanical integrity includes proper placement of the packer in accordance with subsection (b) and successful completion of a pressure test in accordance with subsection (g). If the Department determines that the packer is not set in accordance with subsection (b) or (c), the permittee shall be required to remove the tubing and packer from the well and reset it in the presence of a Department representative in accordance with this Section.

b) Injection shall be through tubing and packer unless alternative construction methods are approved by the U.S. Environmental Protection Agency. The packer shall be placed no higher than 200 feet above the uppermost permitted perforations or the casing seat in an open hole completion, provided the packer is within the cemented portion of the production casing such that there is at least 50 feet of cement above the packer, and further provided the packer is no less than 100 feet below the base of the fresh water. No perforations shall be left open above the packer unless they are isolated by a dual packer or concentric packer system. If a dual packer is used, the uppermost packer must satisfy the placement requirements of this subsection.

c) If the packer cannot be set in accordance with subsection (b) due to existing well construction, casing leaks within the cemented portion of the production casing, or an obstruction in the well, the permittee may request and the Department may specify an alternative packer setting depth provided the packer remains within the cemented portion of the production casing. In determining an alternative packer setting depth the Department shall take into consideration the current construction of the well, the depth of the fresh water and the nature of the obstruction.

d) The permittee shall contact the District Office in which the well is located at least 24 hours prior to the initial setting or any resetting of the packer in a Class II UIC well to enable an inspector to be present when the packer is set. Setting of the packer must be reported on a form prescribed by the Department.

e) An internal mechanical integrity test shall be performed:

1. prior to initial injection into a newly permitted Class II UIC well;

2. prior to initial injection into a Class II UIC well after a change to a new, permitted injection zone;

3. prior to resuming injection into any Class II UIC well after any workover of the well involving the resetting or movement of a packer;

4. prior to initial injection into a Class II UIC well after the well has been reactivated from temporary abandonment status;

5. whenever the Department has reason to believe, based upon well records or field observation, and subject to the provisions of Sections 240.140, 240.150 and 240.180, that the Class II UIC well may be leaking or improperly constructed; and

6. at least once every 5 years measured from the date of the last successful test unless a temporary abandonment is approved in accordance with Section 240.1132.

f) All Class II UIC wells not subjected to an internal mechanical integrity pressure test as of September 1, 1990 were required to be tested by September 1, 1995, unless Temporary Abandonment status was approved prior to July 14, 2000. During the first 4 years, each permittee shall conduct an internal mechanical integrity test each year commencing September 1 on at least 20% of the permittee's total Class II UIC wells of record as of September 1 as reported to each permittee by the Department. During the fifth year each permittee shall conduct an internal mechanical integrity test on all remaining untested Class II UIC wells that were of record September 1, 1994 or were acquired during the year ending September 1, 1995. Class II UIC wells sold or acquired during the first 4 years shall not affect the total number of wells from which the 20% testing requirement is derived for that year. Wells tested during the year in which they are transferred shall count toward the 20% testing requirement of the permittee who conducted the test. Class II UIC wells temporarily abandoned, converted to production wells or plugged in accordance with the provisions of Subpart K during any year shall count toward the 20% testing requirement.

g) Pressure Test

The following pressure test shall be performed on Class II UIC wells to establish the internal mechanical integrity of the tubing, casing and packer of the well. The permittee shall contact the District Office in which the well is located at least 24 hours prior to conducting a pressure test to enable an inspector to be present when the test is done. The permittee shall report the test results on a form prescribed by the Department.

1. Pressure Test

The casing-tubing annulus above the packer shall be tested in the presence of a Department representative at a minimum pressure differential between the tubing and the annulus of 50 PSIG for a period of 30 minutes. In addition, the casing-tubing annulus starting test pressure shall not be less than 300 PSIG and may vary no more than 5 percent of the starting test pressure during the test. The well may be operating or shut in during the test.

2. Monitoring Test

For those wells that are structurally unable to withstand the pressure test specified in subsection (g)(1) because the packer would unseat, but not because the well is improperly constructed, the permittee may make application to perform a monitoring test in lieu of the pressure test on forms prescribed by the Department. An approved monitoring test will consist of pressuring the annulus to a specified pressure no less than 50 PSIG and monitoring the positive annular pressure over a specified period of time. In determining whether to approve a monitoring test, and in establishing the test parameters (i.e., positive annulus pressure, tubing injection pressure, injection rate, monitoring method and length and frequency of monitoring), the Department shall consider well construction including:

A) the volume of the casing-tubing annulus;

B) depth of packer;

C) pressure below the packer; and

D) type of tubing and packer.

h) Any Class II UIC well that fails an internal mechanical integrity test, or on which an internal mechanical integrity test has not been performed when required by subsections (e) and (f), shall be shut in until the well is plugged or until remedial work is commenced and completed and an internal mechanical integrity test is successfully completed. The necessary work shall be completed and an internal mechanical integrity test successfully completed within 90 days, or within any greater length of time established by the Department due to weather conditions.

History

• Source: Amended at 35 Ill. Reg. 13281, effective July 26, 2011

Chapter I Department of Natural Resources

Part 240 The Illinois Oil and Gas Act

62 Ill. Adm. Code 240.770 Establishment of External Mechanical Integrity for Class Ii Uic Wells

a) In conjunction with the establishment of internal mechanical integrity for Class II UIC wells, the external mechanical integrity shall be evaluated by the Department to establish that the fresh water is protected from upward migration of injection fluids.

b) To establish external mechanical integrity, all Class II UIC wells shall be constructed in accordance with Sections 240.710(b), 240.720(b), or 240.730(b), whichever is applicable.

c) If external mechanical integrity under Sections 240.710(b) or 240.720(b) cannot be demonstrated by cement records or Illinois State Geological Survey records, the permittee may utilize one or more of the following methods to demonstrate external mechanical integrity:

1. Temperature log indicating top of cement;

2. Cement bond log showing gamma ray, transit time, collar locator and VDL (Variable Density Log);

3. Advanced cement evaluation logs;

4. Radioactive tracer survey indicating lack of fluid migration behind the casing;

5. Oxygen-activation log indicating lack of fluid migration behind the casing.

d) If the Department has reason to believe, based upon well records or field observation, that any Class II UIC well is causing fluid migration into the fresh water zone resulting from a failure of external mechanical integrity, the permittee shall shut in the well until any necessary corrective work is commenced and completed and external mechanical integrity is established in accordance with subsection (c) above, or until the well is plugged.

History

• Source: Amended at 18 Ill. Reg. 8061, effective May 13, 1994

62 Ill. Adm. Code 240.780 Reporting Requirements for Class Ii Uic Wells

a) Well Completion Reports

1. Contents

The Well Completion Report shall be completed on a form prescribed by the Department and shall contain:

A) the name and location of the well;

B) information on the construction of the well;

C) information on the injection zones and the type of completion treatment performed on each zone; and

D) injection rates, injection pressures and type of injection fluid.

2. Newly drilled or converted wells

A Well Completion Report shall be submitted to the Department within 30 days after the conclusion of initial completion activities (i.e., setting of tubing and packer) or within 30 days after the expiration of the permit if the well was not drilled or converted.

3. Existing wells

A Well Completion Report shall be completed and submitted to the Department for each recompletion of any existing injection well. Recompletion includes injection into a zone not previously used for injection in the well. The Well Completion Report shall be submitted within 30 days after the completion of any such workover or recompletion activity.

b) Well Drilling Report

1. For all wells drilled or deepened, a Well Drilling Report shall be completed by the permittee on a form prescribed by the Department.

2. The Well Drilling Report shall be submitted to the State Geological Survey within 90 days after drilling ceases and shall contain:

A) the name and location of the well;

B) drilling information;

C) the geologic names and depths of the formations encountered in drilling the well;

D) the results of all drill stem tests; and

E) a copy of the drilling time or geolograph record if a geophysical log was not run, unless the well is drilled with air rotary tools.

3. Well Drilling Reports are not required for well conversions not entailing a deepening of the well.

c) Geophysical Logs

A copy of all open hole wire line or geophysical logs run on the well shall be submitted to the State Geological Survey within 90 days after drilling ceases but, in the case of a conversion of an existing well, only if the well is deepened.

d) Drill Cuttings

1. Notification and Collection of Drill Cuttings

The Department shall notify the permittee when cuttings are required to be collected. Drill cuttings shall be collected for each run drilled in cable tool wells and each 10 feet of distance drilled in rotary or air drilled wells. The permittee shall obtain containers for the cuttings, and deliver the cuttings to the Illinois State Geological Survey in Champaign, Illinois. When cuttings are required, a Drilling Time log shall also be submitted.

2. When Drill Cuttings Required

Drill cuttings shall be submitted for each well when drill cuttings have not previously been submitted from any well within ½ mile of the newly permitted well. If the newly permitted well is drilled to a depth greater than any other well within ½ mile, drill cuttings shall be requested from the approximate previously submitted depth to the total depth in the newly permitted well.

e) Annual Well Status Report

The permittee of each Class II UIC well shall file an Annual Well Status Report on forms prescribed by the Department. The report shall be filed by May 1 of each year for the preceding calendar year for all wells which have not received Department approval for temporary abandonment or been plugged by the end of the reporting year, and shall include:

1. the name and location of the well;

2. the names of all injection intervals;

3. the setting depth of the packer; and

4. the average and maximum monthly injection rates and pressures.

f) Annual Enhanced Oil Recovery Project Report

The operator of an enhanced oil recovery project shall complete an annual project report on forms prescribed by the Department and submit the report to the State Geological Survey by May 1 of each year.

History

• Source: Amended at 35 Ill. Reg. 13281, effective July 26, 2011

62 Ill. Adm. Code 240.790 Confidentiality of Well Data

When requested in writing by the permittee, the Well Completion Report, Well Drilling Report, geophysical logs, and drill cuttings shall be kept confidential for two (2) years from the date of issuance of the permit for the particular well in accordance with the provisions of Section 3 of "The Well Abandonment Act" (Ill. Rev. Stat. 1989, ch. 96 1/2, par. 5203, as amended by P.A. 87-744, effective September 26, 1991).

History

• Source: Added at 15 Ill. Reg. 15493, effective October 10, 1991

62 Ill. Adm. Code 240.795 Commercial Saltwater Disposal Well

a) Only Class II fluids, as defined in Section 240.10, shall be disposed of into a commercial saltwater disposal well or stored at a commercial saltwater disposal facility.

b) All Class II fluids being stored at a commercial saltwater disposal well facilityshall be stored in either leak free steel or fiberglass tanks or concrete storage structures. All tanks and concrete storage structures shall be constructed and maintained in accordance with Sections 240.810 and 240.850.

c) The permittee of the commercial saltwater disposal well, or a permitted liquid oilfield waste transporter, shall be present when Class II fluids are being delivered to the facility.

d) All commercial saltwater disposal well Facilities shall be surrounded by a fence of at least 4 feet in height above ground level and a gate with a lock to restrict access to the facility. The facility must be kept locked from 11:00 p.m. to 5:00 a.m.

e) Records

1. Accurate records shall be maintained by the permittee of the commercial saltwater disposal well, or his or her authorized representative, of all Class II fluids delivered to the facility. These records shall include all of the following:

A) the name of the permittee from which the fluid is delivered;

B) the date of delivery;

C) the number of barrels of fluid delivered;

D) the name and location of the lease from which the fluids were produced; and

E) the name and vehicle permit number of the liquid oilfield waste hauler delivering the fluid.

2. These records shall be maintained at the facility or principal place of business for a minimum of 3 years and shall be made available for inspection by a Department representative upon request.

f) Upon request by a representative of the Department, a sample of Class II fluid from the facility shall be analyzed by the permittee to determine fluid quality. The samples shall be analyzed for at least the following parameters: pH, Total Dissolved Solids, Chloride, and Specific Gravity using the applicable ASTM standards listed in Section 240.350(b)(1). If deemed necessary for the protection of the environment, the Department may request the samples be analyzed for additional constituents.

History

• Source: Amended at 35 Ill. Reg. 13281, effective July 26, 2011

62 Ill. Adm. Code 240.796 Operating and Reporting Requirements, Hydraulic Fracturing Operations, Seismicity

a) Applicability

This Section applies to all Class II UIC disposal wells that inject any Class II fluids or hydraulic fracturing flowback from a high volume horizontal hydraulic fracturing operation permitted by the Department under the Hydraulic Fracturing Regulatory Act [225 ILCS 732]. This Section does not apply to Class II UIC wells used for enhanced oil recovery operations.

b) Definitions

For purposes of this Section, the terms defined in 62 Ill. Adm. Code 245.110 have the same meanings when used in this Section. Additionally, the following terms have the meanings ascribed in this subsection:

"Green Light Alert" means the Department received notice from either USGS or ISGS that there was an earthquake in Illinois with a magnitude less than 2.0.

"Induced Seismicity" means an earthquake event that is felt, recorded by the national seismic network, and attributable to a Class II UIC well used for disposal of flowback and produced fluid from high volume horizontal hydraulic fracturing operations. (Section 1-96(a) of the Hydraulic Fracturing Regulatory Act)

"ISGS" means Illinois State Geological Survey.

"Red Light Alert" means the Department received notice from either USGS or ISGS that there was an earthquake in Illinois or a bordering county of an adjacent state with a magnitude of 4.0 or greater.

"USGS" means United States Geological Survey.

"Yellow Light Alert" means the Department received notice from either USGS or ISGS that there was an earthquake in Illinois or a bordering county of an adjacent state with a magnitude of at least 2.0, but less than 4.0.

c) Class II UIC Well Operations

1. All Class II UIC wells regulated by this Section shall be equipped with a flow meter capable of monitoring the rate of flow of fluids injected down into the well on a per day basis consistent with the Class II UIC permit issued by the Department.

2. All permittees shall record and maintain pressure and flow data for each Class II UIC well on a monthly basis. The report shall include the average and maximum monthly injection rates and pressures. The records shall be submitted to the Department in accordance with Section 240.780(e). The records shall be maintained for at least 5 years and shall be available to the Department for inspection upon request.

3. When an identified well is suspected of triggering induced seismic activity, the permittee shall consult with the Department and ISGS to develop a plan for seismic monitoring, including the possibility of installing monitoring stations in the vicinity of the well and reduction in rate or pressures of fluid injected.

d) Induced Seismicity Reporting

1. The Department will report any Yellow Light Alert to all Class II UIC well permittees with wells located within a 6 mile radius of the earthquake event's epicenter measured from the surface above the hypocenter.

2. After receiving a Yellow Light Alert, an identified Class II UIC well permittee has the discretion to operate the permitted well according to the terms of the permit, adjust the operation of the permitted well by reducing the volume of fluids injected into the well, and consult with the Department and ISGS about the implications of the Yellow Light Alert as it relates to the operation of the well.

3. After receiving a third Yellow Light Alert within one year, an identified Class II UIC well permittee must immediately reduce injection volume and consult with the Department and ISGS.

4. The Department will report any Red Light Alert to all Class II UIC well permittees with wells located within a 10 mile radius of the earthquake event's epicenter measured from the surface above the hypocenter.

e) Induced Seismicity Cessation Orders

The Department shall issue an order to a permittee of a Class II UIC well for the immediate cessation of operations due to conditions that create imminent danger to the health and safety of the public, or significant damage to property, pursuant to Section 19.1 of the Oil and Gas Act and 62 Ill. Adm. Code 246.186, under any of the following conditions:

1. If an identified well regulated by this Section receives a third Yellow Light Alert and within the last year the same permittee received a Notice of Violation for the same well related to flow, pressure or mechanical integrity;

2. If an identified well regulated by this Section receives any number of Yellow Light Alerts and there is confirmed property damage to a building or structure as a result of the earthquake event with a magnitude greater than 4.5. The confirmation can be performed by personnel from the Department or personnel from any local, State or federal agency;

3. If an identified well regulated by this Section receives a fifth Yellow Light Alert; or

4. If an identified well regulated by this Section receives a Red Light Alert and is within 6 miles of the epicenter of the earthquake event measured from the surface above the hypocenter.

f) The Department has discretion to issue cessation orders to permittees with wells regulated by this Section within 10 miles of any earthquake epicenter, when necessary, if, after consultation with ISGS, induced seismicity conditions warrant cessation.

g) Induced Seismicity Mitigation Requirements

1. After receiving a cessation order, in addition to the requirements of the order, the permittee shall schedule a meeting with the Department and representatives of ISGS at the Department's Headquarters, One Natural Resources Way, Springfield, Illinois, to be held within 30 calendar days after issuance of the order and before the cessation order hearing. Once scheduled, the permittee shall confirm the meeting in writing to both the Department and ISGS and provide the last 6 months of well data required in subsection (c)(2) to help facilitate the meeting. The purpose of the meeting will be to determine possible ways to mitigate induced seismicity events near the permitted well.

2. If the permittee and Department, in consultation with ISGS, reach agreement on how to test induced seismicity mitigation, the Department shall present the agreement as a settlement before the Hearing Officer for the cessation order hearing (see Section 240.186(d)).

h) Enforcement

Penalties for administrative and operating violations are specified in Section 240.160(c). Violations under this Section are classified as administrative or operating, as follows:

1. Failure to comply with any portion of subsection (c)(2) related to records is an administrative violation.

2. Failure to schedule and attend a meeting within 30 days after the issuance of a cessation order is an administrative violation.

3. Failure to install a flow meter, or maintain a flow meter in operating condition, is an operating violation.

4. Failure to cease operations after a cessation order is issued by the Department is an operating violation.

5. Failure to comply with an induced seismicity mitigation agreement is an operating violation.

History

• Source: Added at 38 Ill. Reg. 22052, effective November 14, 2014

62 Ill. Adm. Code 240.800 Definitions

For the purpose of this Subpart the term:

"Crude Oil Bottom Sediments" means the heavy crude oil fraction contained in concrete storage structures, pits or tanks, in a liquid or semi-liquid state, generated from the collection and storage of crude oil.

"Equipment Debris" means any production related equipment such as tanks, treaters, tubulars, injection pumps, pump jacks and any other general equipment or machinery used in connection with oil production which is no longer in repairable condition.

"Pit Residue" means bottom sediments contained in pits, concrete storage structures or tanks in a solid or semi-solid state which are precipitated from produced water storage.

History

• Source: Added at 17 Ill. Reg. 19923, effective November 8, 1993

62 Ill. Adm. Code 240.805 Lease and Well Identification

a) Each lease shall have a legible sign in a conspicuous place on or near the lease entrance or on the storage tank(s). The sign shall show the permittee, the lease name, the Section, Township and Range, and a telephone number at which the permittee or his authorized agent can be reached.

b) Each well shall be marked or have a legible sign containing the well name and number as shown on the permit.

c) Any change in well or lease information required to be posted shall be made to the lease or well signs within sixty (60) days after the change occurs, or in the case of a transfer of ownership, within sixty (60) days after the effective date of the transfer in the Department records.

d) Lease signs are not required for gas storage fields. However, each gas storage well shall be marked with the well name and Department's permit number or the Department's reference number.

History

• Source: Section repealed, new Section adopted at 17 Ill. Reg. 19923, effective November 8, 1993

62 Ill. Adm. Code 240.810 Tanks, Tank Batteries and Containment Dikes

a) Tank Battery Registration

1. All new tank batteries constructed after July 1, 2001 shall be registered with the Department, when the tank battery is constructed, by the permittee of the wells on the lease where the tank battery is located. Registration shall be on a form prescribed by the Department.

2. All tank batteries existing on July 1, 2001 are required to be registered with the Department by the permittee of the wells on the lease where the tank battery is located.

3. All tank batteries shall be transferred, at the time of associated well transfers, on forms prescribed by the Department.

4. No fee will be charged for tank registration and tank battery transfer.

5. The tank battery registration number shall be displayed on the tank battery.

b) Tank and Tank Battery Requirements

1. All tanks and tank batteries containing produced fluids or equipped to receive produced fluids shall be surrounded by containment dikes.

2. Tanks shall not be buried.

3. All tanks shall be maintained in a leak-free condition.

4. All open top tanks shall be covered with bird netting or other system designed to keep birds and flying mammals from landing in the tank.

5. New tank batteries constructed after July 1, 2001 shall not be located:

A) within 200 feet of an existing occupied dwelling, unless the current owner of the structure has provided a written waiver consenting to the construction closer than 200 feet, in which case the tank battery shall be completely fenced to prevent unauthorized access; or

B) within 200 feet of a stream, body of water, or marshy land, unless the permittee can demonstrate to the Department that construction standards or topography will prevent accidental discharge into these features.

c) Containment Dike Construction

1. A containment dike shall have a capacity of at least 1½ times the largest tank it contains and be bermed at least 18 inches above the highest ground surface surrounding the outside of the containment dike and

at least 18 inches above the highest ground surface inside of the containment dike.

2. Containment dikes shall be constructed of native soil. In areas of sand, containment dikes shall be constructed of clay soil and the bottom of the dike area shall be lined with at least 6 inches of clay soil.

3. Alternative Construction of Containment Dikes

Containment dikes may be constructed of formed corrugated galvanized steel sheeting and a synthetic flexible liner at least 30 mils in thickness that is manufactured specifically for this purpose. The containment dike structure shall be constructed in accordance with the manufacturer's specifications and must meet the following requirements:

A) The bottom of the corrugated steel enclosure shall be set into the soil to a depth of at least 6 inches below the ground surface.

B) The corrugated steel enclosure shall be secured to galvanized steel braces placed around the outside perimeter at intervals that will prevent sagging or collapse of the structure.

C) Adjoining sections of the liner must be sealed together to prevent leaks.

D) The liner shall be secured to the top of the entire perimeter of the steel enclosure.

E) The containment dike structure shall be approved by a Department representative prior to being placed into service. If the construction is not approved by the Department, any deficiencies shall be remedied by the permittee and approved by the Department prior to the structure being placed into service.

F) The containment dike structure shall be maintained in a leak-free condition. If the Department has reason to believe the liner has a leak, the permittee shall immediately cease use of the enclosed tank battery until the liner has been repaired to a leak-free condition and has been inspected and approved for future use by the Department.

G) The containment dike structure shall meet all other requirements of subsections (c), (d) and (e).

4. The permittee may petition the Department to utilize an alternative construction method for containment dikes other than the one described in subsection (c)(3). The request must be made in writing and submitted to the Office's main Springfield location. Upon receipt of a written request for an alternative containment dike construction method, the Department shall review the request and shall respond to the permittee within 30 days. All final decisions on requests for alternative construction methods for containment dikes shall be considered final administrative decisions of the Department.

5. Containment dikes shall not have any breach or other uncontrolled conduit that penetrates the dike and allows the discharge of produced water, liquid oilfield wastes or stormwater.

6. Discharge of produced fluids, stormwater or other liquid oilfield wastes is prohibited, unless the permittee obtains an NPDES permit from the Illinois Environmental Protection Agency (IEPA).

d) Containment Dike Maintenance

1. The area within the dike shall remain free of liquid oilfield waste, general oilfield waste, equipment debris, stormwater runoff and excessive vegetation.

2. Any spill or discharge of produced fluids or other liquid oilfield wastes occurring within a containment dike shall be remediated in place in accordance with Section 240.891(a).

3. Any spill escaping from a containment dike shall be cleaned up in accordance with Sections 240.890 and 240.895.

e) Tank and Containment Dike Restoration

1. Remove all tanks and aboveground piping and flowlines coming into tank battery.

2. Level and grade soil containment dikes.

3. Remove from site all non-soil constructed containment dikes.

4. Remediate all oil contaminated soil at tank site in accordance with Section 240.891(a).

History

• Source: Amended at 43 Ill. Reg. 10459, effective September 6, 2019

62 Ill. Adm. Code 240.815 Permanent Well Site Equipment Setback

No permanent well site equipment installed on a new well permitted after July 1, 2016, including flares, shall be located less than 200 feet from the nearest occupied dwelling existing at the time the initial permit application for that well is filed with the Department, unless the permittee obtains a written agreement with the surface owner of the land upon which the dwelling is located, specifically allowing for a closer well site equipment location.

History

• Source: Added at 40 Ill. Reg. 7051, effective April 22, 2016

62 Ill. Adm. Code 240.820 Flowlines

a) All flowlines used in the production of oil and/or natural gas, constructed after November 8, 1993, shall be buried at least 36 inches below the ground surface. The flowline may be exempt from these burial requirements upon Department approval if:

1. the flowline is made of steel; and

2. Either:

A) the topographical features, land uses or ground conditions prevent the efficient burial of flowlines; or

B) the terms of the oil and gas lease prohibit the burial of flowlines.

b) All flowlines that cross and are not buried under natural drainage features such as creeks, streams, rivers or intermitted streams or ravines shall be constructed in such fashion as to bridge the drainage feature to protect the flowlines from damage due to lack of adequate support, resulting in potential discharge.

c) The Department shall have the authority to take enforcement action (pursuant to Sections 240.140 through 240.170 of this Part) to require active flowlines existing on the effective date of this rule to be replaced, buried or constructed in accordance with subsection (b) of this Section or to require visible inactive or abandoned flowlines to be removed and the open ends sealed if the Department finds, based on field observation, that the flowlines constitute a hazard to public safety or can reasonably be expected to cause damage to the environment through leaks and spills.

d) No flowline conveying produced water shall have an outlet valve for the discharge of produced water between the place or well of origin and the authorized storage or disposal point.

e) All flowlines shall be maintained in a leak-free condition.

f) Any spill from a flowline leak shall be cleaned up in accordance with Sections 240.890 and 240.895.

History

• Source: Amended at 40 Ill. Reg. 7051, effective April 22, 2016

62 Ill. Adm. Code 240.830 Power Lines

a) All power lines installed after November 8, 1993 shall be buried at least thirty-six (36) inches below the ground surface or elevated on power poles at a height sufficient for farm machinery to pass underneath not to exceed eighteen (18) feet above the ground surface. The permittee, however, may install power lines to a greater height than eighteen (18) feet above the ground surface.

b) The Department shall have the authority to take enforcement action (pursuant to Sections 240.140 through 240.170 of this Part) requiring powerlines existing on November 8, 1993 to be elevated to a minimum of fourteen (14) feet or buried in accordance with subsection (a) above, if the Department finds, based on field observation, that the powerlines constitute a hazard to public safety.

History

• Source: Amended at 19 Ill. Reg. 10981, effective July 14, 1995

62 Ill. Adm. Code 240.840 Equipment Storage

a) Equipment debris shall not be stored on a lease or unit.

b) Other equipment not integrally related to production activities on a lease or unit shall not be stored on the lease except with the agreement of the current surface owner.

History

• Source: Amended at 22 Ill. Reg. 22314, effective December 14, 1998

62 Ill. Adm. Code 240.850 Concrete Storage Structures

a) The requirements of this Section apply to:

1. All concrete storage structures existing on July 1, 1995 which will continue to be used.

2. Any new concrete storage structures constructed after May 13, 1994.

b) Definitions

"Concrete Storage Structure", as used in this Section, is a formed concrete impoundment, the base of which is at or below ground level, used for temporary storage of liquid oilfield waste or produced water prior to disposal.

"New Concrete Storage Structure" means a concrete storage structure permitted and constructed after May 13, 1994.

"Existing Concrete Storage Structure" means a concrete storage structure constructed prior to May 13, 1994.

c) Concrete Storage Structure Permitting Procedures

All new concrete storage structures constructed after May 13, 1994 are required to be permitted and may not be used until the permit is issued. All existing concrete storage structures constructed prior to May 13, 1994 must be permitted by July 1, 1995 or restored in accordance with subsection (e) below. The permittee shall apply for a permit on a form prescribed by the Department which shall include the following:

1. A map drawn to scale showing the location of the concrete storage structure relative to the lease boundaries, potable water wells and local surface drainage located within 1/4 mile of the proposed structure.

2. Concrete storage structure dimensions.

3. Soil types in the area of concrete storage structure construction.

4. Chemical analysis of produced water to be temporarily stored in the concrete storage structure showing TDS and chlorides.

5. A description of the method for disposal of the produced water or liquid oilfield waste temporarily stored in the concrete storage structure.

d) General Location and Construction Requirements for New and Existing Concrete Storage Structures

1. New concrete storage structures shall not be located:

A) within 200 feet of an existing inhabited structure, unless the current owner of the structure has provided a written waiver consenting to the construction closer than 200 feet. Any concrete storage structure located closer than 200 feet shall be completely fenced to prevent unauthorized access;

B) within 200 feet of a domestic water supply well or 2,500 feet of a municipal water supply well;

C) within 200 feet of a stream, body of water, or marshy land, unless the permittee can demonstrate to the Department that construction standards or topography will prevent discharge from the concrete storage structure;

D) in an area which is subject to annual flooding by streams, rivers, lakes, or drainage ditches.

2. Existing concrete storage structures shall be completely fenced to prevent unauthorized access when located, at the time of permitting, within 200 feet of an existing inhabited structure.

3. Surface water drainage shall be diverted away from all concrete storage structures.

4. Contents from any concrete storage structure shall not be discharged onto the surrounding land surface or into a stream or other body of water unless a permit has been obtained from the Illinois Environmental Protection Agency ("IEPA").

5. The concrete storage structure permit number and the name of the permittee must be posted at all concrete storage structures in a legible and visible manner.

6. All concrete storage structures shall be covered with bird netting or other system designed to keep birds and flying mammals from landing in the concrete storage structure.

7. New concrete storage structures shall be constructed utilizing standard engineering practices using formed concrete bottom and sides and be underlain by a drainage system constructed to allow the monitoring and sampling of fluids present under the structure. After installation of the concrete liner and prior to concrete storage structure use, the structure shall be inspected by a Department Well Inspector. The permittee shall correct damages or imperfections before placing liquid oilfield waste or produced water in the concrete storage structure. The fluid drainage from beneath the pit shall be sampled quarterly. The sample shall be analyzed for chlorides by an "independent testing" facility. The results of the analysis shall be maintained at the facility offices for review upon request, by the Department. If the fluid analysis indicates a leak is present, the Department shall be notified within five (5) days and the pit shall be drained and repaired.

8. Existing concrete storage structures shall have been constructed utilizing standard engineering practices using formed concrete bottoms and sides. Existing concrete structures shall be exempt from the under structure drainage provision specified in subsection (d)(7) above for new structures. However, existing structures shall be subject to inspection and repair in accordance with subsection(f) of this Section.

9. Puncturing or perforating the concrete liner or installing any type of drainage system which penetrates the sides or bottom of any structure is prohibited.

e) Concrete Storage Structure Abandonment and Restoration

1. Prior to removal and or burial of the concrete storage structure:

A) All of the liquid oilfield waste shall be removed and disposed of in a Class II UIC well.

B) Crude oil bottom sediments shall be disposed of in accordance with Section 240.940(a) and (b) or with Department approval, disposed of in a production well equipped with tubing and packer set in accordance with Section 240.760(b) under observation by an inspector from the District Office in which the well is located. If the Department determines through field observations that the disposal activities are endangering the freshwater, the disposal activities shall cease until the condition is corrected. Disposal activities shall not exceed 45 days, after which time the well must be plugged.

C) For new and existing concrete storage structures permitted in accordance with this Subpart and restored after July 1, 1995, the pit residue, not disposed of in accordance with subsection (e)(1)(A) or (B) above, shall be removed from the storage structure and disposed of at an Illinois Environmental Protection Agency permitted non-hazardous special waste landfill provided that concrete storage structures residue containing NORM may be required to be disposed of at a waste facility permitted by the Illinois Department of Nuclear Safety.

D) For existing concrete storage structures not permitted for continued use in accordance with this Subpart by July 1, 1995, and required to be restored, or permitted existing pits restored by July 1, 1995, the pit residue can be buried on site within the concrete structure.

2. If the base of the structure is less than three feet below the ground surface, the structure must be completely dismantled and removed from the site. The surface area shall be leveled and restored in such a manner as to prevent the ponding of water and erosion.

3. If any portion of the structure is below the ground surface, the portion of the structure within three feet of the surrounding surface shall be removed. Any remaining structure must be configured to prevent the accumulation of water within the remaining structure and backfilled to prevent surface ponding and subsidence.

f) Inspection of Concrete Storage Structure

All new and existing concrete storage structures shall be subject to inspection by a Department Well Inspector. If requested at time of the inspection, the concrete storage structure shall be emptied in order to examine the integrity of the structure. The Department may order any remedial work it deems necessary to ensure compliance with Department regulations.

History

• Source: Amended at 22 Ill. Reg. 22314, effective December 14, 1998

62 Ill. Adm. Code 240.860 Pits

a) "Pit", as used in this Section, is a synthetic lined or unlined earthen surface impoundment, whether a man-made excavation or a diked area which was or currently is used for temporary storage of liquid oil field waste or produced water prior to disposal.

b) Construction of pits other than those specified in Subparts E and K of this Part is prohibited.

c) All pits in existence on May 13, 1994 shall be closed, in accordance with subsection (e) below, by July 1, 1995 as follows, unless covered by subsection (d) below, or exempted for continued use in accordance with Section 240.861 or for an alternative use in accordance with Section 240.862.

d) Synthetic lined pits, permitted after May 12, 1989 and before May 13, 1994, shall be restored in accordance with subsection (e) within 5 years after the permit was issued.

e) Pits shall be restored as follows:

1. All oilfield brine and produced waters shall be removed and disposed of in a Class II UIC well.

2. Crude oil bottom sediments shall be disposed of in accordance with Section 240.940(a) and (b) or with Department approval, disposed of in a production well equipped with tubing and packer set in accordance with Section 240.760(b) under observation by an inspector from the District Office in which the well is located. If the Department determines through field observations that the disposal activities are endangering the freshwater, the disposal activities shall cease until the condition is corrected. Disposal activities shall not exceed 45 days, after which time the well must be plugged.

3. For pits required to be closed by July 1, 1995 and not exempted in accordance with Section 240.861, the pit residue, not disposed of in accordance with subsection (e)(1) or (e)(2), and the pit liner, if any, shall either be:

A) removed from the site and disposed of at an Illinois Environmental Protection Agency permitted non-hazardous special waste landfill, provided that pit residue or liner containing NORM with radioactivity levels exceeding background may be required to be disposed of at a waste facility permitted by the Illinois Department of Nuclear Safety; or

B) consolidated from the sides to the bottom of the pit and covered in place with a clay or synthetic liner sufficient to impede the infiltration of surface water and placed at least 5 feet below the ground surface. The pit shall be backfilled and the pit residue covered with 5' of soil having a radioactivity level at or below background level with the upper most 18" consisting of clean soil not contaminated by oilfield brine or crude oil. The backfilled area shall be graded to promote runoff with no depressions that would accumulate or pond water on the surface. The stability of the backfilled pit shall be compatible with the adjacent land use. The surface area over the backfilled pit area shall be stabilized to prevent erosion.

4. The Department shall prepare an inventory identifying, by county, all closed and unclosed liquid oilfield waste or produced water storage pits. The Department shall file such notice in the county clerk's office in the county in which such pits are located. The notice shall specify the location of the pit, generally identify the nature of the materials buried and, if known, specify the radioactivity level of the material buried. If the radioactivity is not known, the notice shall specify that the buried oil and gas waste may contain Naturally Occurring Radioactive Material (NORM).

History

• Source: Amended at 22 Ill. Reg. 22314, effective December 14, 1998

62 Ill. Adm. Code 240.861 Existing Pit Exemption for Continued Production Use

a) Any pit in existence on May 13, 1994 does not have to be closed in accordance with Section 240.860(c) of this Part if presently constructed or an application to reconstruct was received by July 1, 1995.

b) Pits not approved for reconstruction shall be restored within 6 months.

c) Pits exempted under this Part shall be presently constructed or reconstructed as follows:

1. The pit must be lined with a synthetic flexible liner that is compatible with the produced fluid and has a coefficient of permeability of no greater than 1 x 10(-7) cm/sec and shall be at least 30 mils in thickness. Adjoining sections of liners must be sealed together in accordance with the manufacturer's specifications; and

2. The pit must be underlined by a gravel sub-base, at least 4" in thickness, in which slotted or perforated PVC pipe has been placed in order to provide for under pit drainage. This drainage system must be constructed to allow monitoring and sampling of fluid drainage from underneath the pit.

d) Applications for reconstruction shall be approved by the Department prior to reconstruction of the pit. Applications shall be on a form prescribed by the Department and shall include the following:

1. A map drawn to scale showing the location of the pit relative to the lease boundaries, potable water wells and surface drainage located within 1/4 mile of the existing pit.

2. An engineering diagram of the construction specifications of the pit.

3. Soil types in the area of the pit.

4. Chemical analysis of produced water to be temporarily stored in the pit, showing TDS and chlorides.

5. A description of the method for disposal of the produced water or liquid oilfield waste temporarily stored in the pit.

e) All reconstruction activities shall be under the supervision of a Department Well Inspector.

f) Following satisfactory completion of pit reconstruction activities, the Department shall issue a permit to operate.

g) All exempted pits shall be in compliance with the following:

1. Surface water drainage shall be diverted away from the pit.

2. Pit contents shall not be discharged onto the surrounding land surface or into a stream or other body of water unless a permit has been obtained from the Illinois Environmental Protection Agency (IEPA).

3. The pit permit number and the name of the permittee must be posted at the pit location in a legible and visible manner.

4. All pits shall be covered with bird netting or other systems designed to keep birds and flying mammals from landing in the pit.

h) All exempted pits covered by this Section shall sample, quarterly, the fluid drainage from beneath the pit. The sample shall be analyzed for chlorides by an "independent testing" facility. The results of the analysis shall be maintained at the facility offices, for review upon request, by the Department.

i) If the fluid analysis indicates a leak is present, the Department shall be notified within 5 days and the contents of the pit shall be emptied and properly disposed of and the pit liner repaired.

j) All exempted pits covered by this Section shall be subject to inspection by a Department well inspector. If requested at the time of the inspection, the pit shall be emptied in order to examine the integrity of the structure. The Department may order any remedial work it deems necessary to ensure compliance with Department regulations.

k) Abandonment and Restoration Requirements for Exempted Pits

1. Prior to liner removal and burial of the pit:

A) All oilfield brine and produced waters shall be removed and disposed of in a Class II UIC well.

B) Crude oil bottom sediments shall be disposed of in accordance with Section 240.940(a) and (b) or with Department approval, disposed of in a production well equipped with tubing and packer set in accordance with Section 240.760(b) under observation by an inspector from the District Office in which the well is located. If the Department determines through field observations that the disposal activities are endangering the freshwater, the disposal activities shall cease until the condition is corrected. Disposal activities shall not exceed 45 days, after which time the well must be plugged.

C) Pit residue, not disposed of in accordance with (k)(l)(A) or (B) above, shall be removed from the site and disposed of at an IEPA permitted non-hazardous special waste landfill provided that pit residue containing NORM with radioactivity levels exceeding background may be required to be disposed of at a waste facility permitted by the Illinois Department of Nuclear Safety.

2. The liner must be completely removed from the site and disposed of at a nonhazardous special waste facility permitted by the IEPA. The surface area shall be leveled and pit filled in such manner as to prevent the ponding of water and erosion and allow the site to be returned to original use with no subsidence or leakage of fluids, and where applicable, with sufficient compaction to support farm machinery.

History

• Source: Amended at 22 Ill. Reg. 22314, effective December 14, 1998

62 Ill. Adm. Code 240.862 Existing Pit Exemption for Alternative Use

a) Any pit in existence on May 13, 1994 may not have to be closed in accordance with Section 240.860(c) of this Part if:

1. the pit is no longer used for temporary storage of produced water or other liquid oilfield waste;

2. the water quality in the pit is less than 5000 TDS with no visible sheen of oil; and

3. a written, notarized authorization from the current surface owner has been received by the Department requesting the pit not be closed and demonstrating an acceptable alternative use for the pit.

b) In determining not to require the pit be closed, the Department shall:

1. review the current location of the pit relative to any ongoing production operations in the area; and

2. review the proposed alternative use relative to public health and safety considerations and potential use for agricultural, recreational or wildlife habitat purposes.

c) If the Department determines, based on a review of the information submitted by the permittee and surface owner, the pit is not exempted, the pit shall be closed, within 6 months, by the permittee, in accordance with Section 240.860(d).

History

• Source: Added at 21 Ill. Reg. 7164, effective June 3, 1997

62 Ill. Adm. Code 240.870 Leaking Unpermitted Drill Hole

a) When any fluids are potentially leaking into the fresh water as determined by geologic and field investigation or are leaking onto the surface, through an unpermitted drill hole, the unpermitted drill hole shall be plugged by the current permittee of the lease where the unpermitted drill hole is located. Pending plugging of the well, all injection wells within a ¼ mile radius of the leaking drill hole shall be shut in until the leaking drill hole is plugged. The leaking or previously leaking drill hole shall be plugged regardless of well status at the time of plugging.

b) Within 24 hours after notification by the Department of the leaking drill hole, the current permittee of the lease shall take all necessary actions required to contain the leaking drill hole fluids to prevent any further migration and environmental damage until the drill hole is properly plugged and restored. These actions may include, but are not limited to, the digging of containment pits and/or building containment dikes to collect and contain the leaking fluids, hauling and disposing of the collected fluids, and the use of absorbent materials to pick up leaking fluids. All collected and contained fluids shall be properly disposed of in a permitted Class II injection well. All used absorbent materials shall be disposed of in accordance with Section 240.891(b).

c) If the current permittee does not take the required actions to contain the leaking fluids within 24 hours after notification by the Department, or within the time frame of any extensions granted by the Department because of extenuating circumstances such as weather conditions, the permittee shall not operate any wells on the lease where the leaking drill hole is located until all required actions have been taken and may be issued a Notice of Violation and assessed a civil penalty of up to $2,000 in accordance with Section 240.160(c)(3)(B) and (C).

d) Within 90 days after notification by the Department of the leaking drill hole, or within the time frame of any extensions granted by the Department because of extenuating circumstances, including but not limited to weather conditions, the non-availability of plugging equipment, or downhole construction or conditions, the current permittee of the lease shall properly plug and restore the leaking drill hole in the presence of a Department well inspector.

e) If the current permittee does not plug the leaking drill hole within 90 days after notification by the Department, or within the time frame of any extensions granted by the Department, the current permittee shall not operate any wells on the lease where the leaking drill hole is located until the leaking drill hole has been properly plugged in the presence of a Department well inspector.

History

• Source: Amended at 35 Ill. Reg. 13281, effective July 26, 2011

62 Ill. Adm. Code 240.875 Leaking Previously Plugged Well

AGENCY NOTE: For purposes of subsections (b) and (d), "permittee" means the last permittee of record for the well when the well was last plugged if that permittee undertakes the actions required by this Section, or means the current permittee of the lease where the leaking well is located if the last permittee does not undertake the required actions.

a) When any fluids are potentially leaking into the freshwater zones or to the surface as determined by geologic and field investigation through a well plugged under the supervision of the Department, the Department shall notify the last permittee of record for the well when the well was last plugged. The last permittee shall then undertake the necessary actions to comply with the provisions of this Section. If the last permittee is no longer in existence, cannot be located, does not take the necessary actions, or does not diligently pursue the necessary actions, the current permittee of the lease where the well is located shall take the necessary actions. The current permittee, if required to undertake any containment or plugging operations pursuant to this Section, shall have a right of action against the last permittee of record for the well when the well was last plugged for the reasonable cost and expense incurred in plugging, replugging, repairing or restoring the well, and shall have a lien enforceable upon the interest of the obligated persons in accordance with Section 19.5 of the Act. Pending plugging of the well, all injection wells within a ¼ mile radius of the leaking well shall be shut in until the leaking well is plugged. The leaking or previously leaking well shall be plugged regardless of well status at the time of plugging.

b) Within 24 hours after notification by the Department of the leaking well, the permittee shall take all necessary actions required to contain the leaking well fluids to prevent any further migration and environmental damage until the well is properly plugged and restored. These actions may include, but are not limited to, the digging of containment pits and/or building containment dikes to collect and contain the leaking fluids, hauling and disposing of the collected fluids, and use of absorbent materials to pick up leaking fluids. All collected and contained fluids shall be properly disposed of in a permitted Class II injection well. All used absorbent materials shall be disposed of in accordance with Section 240.891(b).

c) If the current permittee of the lease is required to undertake any containment actions and does not take the required actions to contain the leaking fluids within 24 hours after notification by the Department, or within the time frame of any extensions granted by the Department because of extenuating circumstances such as weather conditions, the current permittee shall not operate any wells on the lease where the leaking well is located until all required actions have been taken and may be issued a Notice of Violation and assessed a civil penalty in accordance with Section 240.160(c).

d) Within 90 days after notification by the Department of the leaking well, or within the time frame of any extensions granted by the Department because of extenuating circumstances, including but not limited to weather conditions or the non-availability of plugging equipment or downhole construction or conditions, the permittee shall properly plug and restore the leaking well in the presence of a Department well inspector.

e) If the current permittee is required to undertake any plugging operations and does not plug the leaking well within 90 days after notification by the Department, or within the time frame of any extensions granted by the Department, the current permittee shall not operate any wells on the lease where the leaking well is located until the leaking well has been properly plugged and restored in the presence of a Department well inspector.

History

• Source: Amended at 35 Ill. Reg. 13281, effective July 26, 2011

62 Ill. Adm. Code 240.880 Initial Spill Notification

a) Applicability

This Section covers spills of crude oil and produced water from tanks, pits, concrete storage structures, containment dikes and flowlines located within the boundaries of an oil and gas lease, unit, or underground gas storage field. Spills from flowlines beyond the lease, unit, or gas storage field boundaries are included if part of a flowline gathering system transporting produced fluids to a central collection point prior to connection or transfer to a crude oil or gas purchase pipeline. Spills from interstate pipeline or refined product pipeline are not included and are under the jurisdiction of the Illinois Environmental Protection Agency.

b) Spills of crude oil in excess of 1 barrel, or produced water in excess of 5 barrels, onto the surface of the land (if not contained by containment dikes around tanks) shall be reported immediately to the Department's District Office responsible for the county where the spill occurred. The initial report shall contain at a minimum:

1. the name of the permittee responsible for the spill;

2. the location of the spill;

3. the amount of crude oil and saltwater spilled;

4. the areal extent of the spill;

5. the cause of the spill;

6. proposed emergency remediation action.

c) All crude oil spills, regardless of amount, which enter streams, rivers, ponds, lakes, wetlands or other bodies of water, shall be reported immediately to the Illinois Emergency Management Agency (IEMA) and to the Department's District Office responsible for the county where the spill occurred.

d) All spills which are not required to be reported in accordance with subsection (a) or (b) above are subject to remediation requirements of Section 240.891 and Section 240.895 of this Part.

History

• Source: Amended at 25 Ill. Reg. 9045, effective July 9, 2001

62 Ill. Adm. Code 240.890 Crude Oil Spill Remediation Requirements

a) All crude oil spills that occur after November 8, 1993, regardless of amount, from wells, flowlines, tanks, concrete storage structures, pits or containment dikes are subject to this Section.

b) The permittee is required to initiate the following emergency response procedures for all crude oil spills as soon as practical after a spill has occured:

1. Contain spilled crude oil using earthen dikes, booms and other containment measures to minimize the amount of area affected by the spill.

2. If a spill enters surface waters, the spill shall be contained with booms and/or underflow dams and removed as expeditiously as possible. If it is determined that burning the oil-affected area will prevent further contamination of the surface waters, an emergency burn may be conducted in accordance with Section 240.891(c) of this Part.

3. Cause of spill shall be repaired.

4. Impounded free oil shall be picked up and put in lease storage tanks or removed from the site.

c) Remaining oil on the land surface shall be removed using absorbent material. The absorbent material shall be disposed of in accordance with Section 240.891(b) of this Part.

d) Contaminated soil shall be remediated in accordance with Section 240.891(a)(1) through (4) or, if required to be removed from the site in accordance with subsection (f) of this Section, shall be disposed of in accordance with Section 240.891(a)(5).

e) If a spill enters a public road ditch, visible oil-contaminated soil shall be removed from the roadside ditch and:

1. Removed from the site in accordance with Section 240.891(a)(5); or

2. Remediated in accordance with Section 240.891(a)(1) through (4).

f) The Department may require additional remediation action to be taken by the permittee, which may include flushing of the area (e.g., stream banks, etc.) with freshwater, the addition of organic material (e.g., peat moss, straw), chemical treatment, additional disking of the soil or soil and absorbent material removal if the soil and/or absorbent material within the spill area cannot meet the TPH (total petroleum hydrocarbon) standard specified in Section 240.891(a)(1)(C).

g) The permittee shall be required to submit on request, or within 90 days after the spill occurred, on a form prescribed by the Department, the following information:

1. the areal extent of the spill;

2. the proximity of surface waters, freshwaters or surface drainage ways;

3. the type of soil and current land use;

4. the TPH content in the spill area;

5. explanation of spill cause; and

6. planned efforts to prevent and minimize the effects of future spills.

h) Additional reports are required each 90 days until the spill remediation is completed and approved by the Department.

History

• Source: Amended at 25 Ill. Reg. 9045, effective July 9, 2001

62 Ill. Adm. Code 240.891 Crude Oil Spill Waste Disposal and Remediation

a) Contaminated Soil

1. The soil affected by a spill may be remediated in place and shall at a minimum be:

A) fertilized with 5 pounds of 12-12-12 fertilizer or an amount of other fertilizer sufficient to treat the soil with 0.25 lbs of nitrogen per 100 square feet of affected area;

B) limed with at least 50 lbs of agricultural grade lime per 100 square feet of affected area in order to maintain a pH of between 6-8; if the pH of the soil/oil mixture is less than 6, additional lime shall be incorporated to increase pH above 6;

C) tilled to a depth of at least 4 inches but no greater than 12 inches to create a soil and crude oil mixture that contains less than 5% total petroleum hydrocarbon (TPH) following the completion of the initial tilling;

D) watered to maintain soil moisture sufficient to promote plant growth (if extremely dry soil conditions exist); and

E) stabilized to minimize erosion and run-off of stormwater.

2. Contaminated soils not remediated in place may, with approval from the Department and the landowner, be land spread and remediated in accordance with subsection (a)(1), on land unaffected by the spill, but located on the same lease where the spill occurred.

3. If the soil in the affected area is frozen or previously saturated due to rain or snow melt, prohibiting compliance with subsection (a)(1), the permittee shall stabilize the area to prevent any surface run-off from leaving the affected area until conditions permit compliance with subsection (a)(1).

4. The soil affected by the spill must contain less than 1% TPH within 12 months after the date of the spill.

5. Contaminated soils removed from the site for off-site disposal shall be disposed of at an Environmental Protection Agency permitted special waste landfill, waste treatment or disposal facility.

b) Contaminated Absorbent Materials

1. Off-site disposal

All non-organic/non-biodegradable absorbent materials and all organic/biodegradable materials in excess of 500 cubic feet shall be disposed of at an Environmental Protection Agency permitted non-hazardous special waste landfill, waste treatment or disposal facility. Organic/biodegradable materials amounting to less than 500 cubic feet may be disposed of at a permitted non-hazardous special waste landfill or disposed of in accordance with subsection (b)(2)(B).

2. On-site disposal

A) On-site disposal of non-organic/non-biodegradable absorbent materials is prohibited. These materials must be removed in accordance with subsection (a)(5).

B) On-site disposal of less than 500 cubic feet of organic/biodegradable absorbent materials through landspreading over the area affected by the spill is permitted if it involves only materials generated at the site and is remediated in accordance with subsections (a)(1) through (4).

C) Landspreading of absorbent materials is permitted subject to subsection (a)(2).

c) Emergency Burning

1. Open burning of spilled crude oil is permitted when imminent weather conditions threaten to further contaminate surface waters or immediate collection for disposal is impractical.

2. Burning shall only be permitted when conditions will not cause the burn to affect nearby residences or the visibility on nearby roads.

3. Notice must be given to the Illinois Environmental Protection Agency prior to the emergency burn, and appropriately designated Department personnel must be on the scene throughout the burn.

4. The local fire department or fire protection district shall be notified.

5. A report must be filed with the Department, on a form prescribed by the Department, within 10 days after the burn, indicating:

A) the place and time of the burn;

B) the quantity burned;

C) meteorological conditions; and

D) the reason the emergency burn was necessary.

History

• Source: Amended at 25 Ill. Reg. 9045, effective July 9, 2001

62 Ill. Adm. Code 240.895 Produced Water Spill Remediation Requirements

a) All spills of produced water that occur after November 8, 1993, from wells, flowlines, pits, concrete storage structures, tanks or containment dikes, shall as soon as practicable be contained using earthen dikes and other containment measures to minimize the amount of area affected by the spill.

b) All impounded produced water shall be picked up and removed from the site for disposal into a Class II UIC well.

c) The affected area shall be limed with at least 50 lbs. of agricultural grade lime per 100 square feet of affected area and tilled to a depth of at least 4 inches.

d) In determining whether the Department will require additional remediation action to be taken by the permittee, which may include flushing of the area with freshwater, the addition of organic material (e.g., peat moss, straw), additional chemical treatment, additional disking the soil, or soil removal, the permittee shall be required to submit within 90 days after the spill date, on a form prescribed by the Department, the following information:

1. the quantity and areal extent of the spill;

2. the nature of the soil;

3. the flow capacity of affected surface waters;

4. the public safety;

5. the proximity of freshwaters, surface waters, and surface drainage features;

6. explanation of spill cause; and

7. planned efforts to prevent and minimize the effects of future spills.

e) Additional reports are required each 90 days until the spill remediation is completed and approved by the Department.

History

• Source: Amended at 25 Ill. Reg. 9045, effective July 9, 2001

62 Ill. Adm. Code 240.900 Definitions

For the purpose of this Subpart the term:

"Liquid Oilfield Waste Transportation System" means all trucks and other motor vehicles used to gather, handle or transport liquid oilfield waste from the point of any surface on-site collection to any subsequent off-site storage, utilization or disposal. (Section 8c of the Act)

"System Facility" means any location other than the point of surface on-site collection or off-site disposal of liquid oilfield waste, where liquid oilfield waste is temporarily handled or stored prior to disposal.

"Vehicle" means a tank used to transport or carry liquid oil field waste whether motorized or not motorized.

History

• Source: Added at 21 Ill. Reg. 7164, effective June 3, 1997

62 Ill. Adm. Code 240.905 Application for Permit to Operate a Liquid Oilfield Waste Transportation System

a) No person shall operate a liquid oilfield waste transportation system without a permit from the Department.

b) Application for a liquid oilfield waste transportation system permit under this Section shall be made on forms prescribed by the Department. The application shall be executed under penalties of perjury, and accompanied by the non-refundable liquid oilfield waste transportation system permit fee of $150 and the required bond under Subpart O of this Part.

c) If the application does not contain all of the required information or documents, the Department shall notify the applicant in writing. The notification shall specify the additional information or documents necessary to process the application, and shall advise the applicant that the application will be deemed denied unless the information or documents are submitted within 60 days following the date of notification.

d) The application shall include:

1. The name, address, and business and emergency telephone numbers of the proposed liquid oilfield waste hauler.

2. A brief description of the vehicles to be used in the system; specifying whether vehicles will be owned, leased or otherwise arranged for.

e) The application for a liquid oilfield waste transportation system permit shall be signed as follows:

1. If the system owner is an individual, the application shall be signed by the individual. If the system owner is a partnership, the application shall be signed by a general partner. If the system owner is a corporation, the application shall be signed by an officer of the corporation.

2. In lieu of the signature of the owner or such authorized person, the application may be signed by a person having a power of attorney to sign for such owner or authorized person, provided a certified copy of the power of attorney is on file with the Department or accompanies the application.

3. If the applicant is a corporation, the charter must authorize the corporation to engage in the permitted activity, and the corporation must be incorporated or authorized to do business in the State of Illinois.

History

• Source: Amended at 49 Ill. Reg. 565, effective December 30, 2024

62 Ill. Adm. Code 240.906 Application for a Liquid Oilfield Waste Transportation Vehicle Permit

a) Each liquid oilfield waste transportation vehicle (tank) requires a permit from the Department and shall not be operated until such permit is obtained.

b) Application for a vehicle permit under this Section shall be made on forms prescribed by the Department. The application shall be executed under penalties of perjury, and accompanied by the non-refundable vehicle permit fee of $150 for each vehicle (tank).

c) If the application does not contain all of the required information or documents, the Department shall notify the applicant in writing. The notification shall specify the additional information or documents necessary to process the application, and shall advise the applicant that the application will be deemed denied unless the information or documents are submitted within 60 days following the date of notification.

d) The application shall include:

1. The name and system permit number of the liquid oilfield waste transportation system under which this vehicle (tank) will be operated.

2. A description of the construction of the tank, valve, and associated piping (including materials each is made of), capacity of tank and manufacturers serial number or other vehicle (tank) identifying number.

e) The application for a vehicle (tank) permit shall be signed by the holder of the liquid oilfield waste transportation system permit under which the vehicle (tank) will operate.

History

• Source: Amended at 46 Ill. Reg. 20013, effective January 1, 2023

62 Ill. Adm. Code 240.910 Inspection of Vehicles (tanks)

Upon receipt of an original or renewal application a Department Well Inspector will conduct a visual inspection of the liquid oil field waste hauling equipment including tanks and associated piping and valves to ensure that there is no leakage. All tanks must be full of fluid at the time of inspection. The Department Well Inspector shall certify the results of the inspection on the permit application.

History

• Source: Section repealed, new Section adopted at 17 Ill. Reg. 19923, effective November 8, 1993

62 Ill. Adm. Code 240.920 Issuance of Liquid Oilfield Waste Transportation System and Vehicle Permits

a) If the applicant satisfies requirements of this Subpart, the Department shall issue a permit to operate a liquid oilfield waste transportation system that shall be kept in the office of the permittee.

b) If the applicant satisfies requirements of this Subpart, the Department shall issue a vehicle permit and permit sticker for each tank. The permit shall be kept in the business office of the liquid oilfield waste transportation system permittee. The sticker shall be affixed to the back of the tank and kept visible.

c) No permit under this Subpart shall be issued to an applicant not in compliance with Section 240.250(b).

d) Permits to operate a liquid oilfield waste transportation system shall be valid for as long as the permittee maintains the bond required under Subpart O and otherwise complies with the provisions of this Subpart.

e) Vehicle (tank) permits shall be valid for 2 years from the date of issuance and shall be renewed by making application to the Department, accompanied by the required fee, at least 30 days prior to expiration of the vehicle permit.

f) Liquid oilfield waste transportation system and vehicle permits are not transferable.

History

• Source: Amended at 35 Ill. Reg. 13281, effective July 26, 2011

62 Ill. Adm. Code 240.925 Liquid Oilfield Waste Recordkeeping Requirements

a) Each liquid oilfield waste system permittee shall maintain a record of liquid oilfield waste received and disposed of which shall include the lease or unit name, the date received, the amount per pick up, and the name and location of the Class II well or wells (if applicable), and the date when the waste is unloaded.

b) Records shall be maintained a minimum of three (3) years and shall be made available to the Department for inspection during normal business hours.

History

• Source: Added at 17 Ill. Reg. 19923, effective November 8, 1993

62 Ill. Adm. Code 240.926 Liquid Oilfield Waste Transportation System and Vehicle Operating Requirements

a) All liquid oilfield waste hauling vehicles (tanks) and associated piping and valves must be kept in leak free condition. Any person who gathers, handles, transports, or disposes of liquid oilfield waste without a liquid oilfield waste transportation permit or utilizes the services of an unpermitted person shall upon conviction thereof by a court of competent jurisdiction be fined not less than $2,000 for a violation and costs of prosecution, and in default of payment of fine and costs, imprisoned for not less than 10 days nor more than 30 days. When the violation is of a continuing nature, each day upon which a violation occurs is a separate offense. (Section 8c of the Act)

b) Liquid Oilfield Waste Haulers shall only dispose of liquid oilfield waste in accordance with Subparts E and I. Liquid oilfield waste shall not be released on the ground surface or into any fresh water or water drainage-way.

c) All liquid oilfield waste temporarily stored at a system facility shall be contained in tanks in accordance with Section 240.810 of this Part or concrete storage structures in accordance with Section 240.850 of this Part.

d) Liquid oilfield waste shall not be commingled or blended with non-exempt waste under Subtitle C of the federal Resource Conservation and Recovery Act of 1976.

e) No person shall engage, employ or contract with any other person except a Liquid Oilfield Waste Hauler to transport liquid oilfield waste.

f) The Department may not issue a Liquid Oilfield Waste Transportation or Vehicle Permit or may revoke a Liquid Oilfield Waste Transportation or Vehicle Permit if:

1. The permittee fails to meet permit conditions; or

2. The applicant or permittee is not in compliance with Section 240.250(b) of this Part.

g) The Department may revoke a Liquid Oilfield Waste Transportation or Vehicle Permit in accordance with Section 240.251 of this Part.

h) Failure to comply with provisions of the Act may result in forfeiture of the Liquid Oilfield Waste Transportation bond in accordance with Section 240.1530(b) through (g) of this Part and may be fined not less than $2,000 for a violation and costs of prosecution, and in default of payment of fine and costs, imprisoned for not less than 10 days nor more than 30 days. (Section 8c of the Act)

History

• Source: Amended at 22 Ill. Reg. 22314, effective December 14, 1998

62 Ill. Adm. Code 240.930 Produced Water

a) All produced water collected for temporary storage shall be placed in tanks or permitted concrete storage structures in accordance with Subpart H of this Part. Containment dikes around tanks shall not be used for storage of produced water.

b) Except as provided in subsection (c) below, all produced water shall be transported by flowlines or a licensed liquid oilfield waste hauler to a permitted Class II UIC well for disposal.

c) Produced water shall not be disposed of into any surface water or water drainage way or onto the land surface unless an NPDES or surface discharge application permit has been obtained from the Illinois Environmental Protection Agency ("IEPA").

History

• Source: Amended at 19 Ill. Reg. 10981, effective July 14, 1995

62 Ill. Adm. Code 240.940 Crude Oil Bottom Sediments

Crude oil bottom sediments removed from tanks, concrete storage structures and pits on a lease or unit may be:

a) transported by a permitted liquid oilfield waste hauler to an Illinois Environmental Protection Agency (IEPA) licensed special waste landfill, to an IEPA licensed off-site treatment facility, to a Class II injection well for disposal or to a crude oil bottom sediment recycling facility;

b) injected in a well in accordance with Section 240.850(e)(1)(B);

c) bioremediated on-site through land spreading in accordance with Section 240.891(a)(2); or

d) used for road oiling on the lease or unit where the sediments were generated in accordance with Section 240.945.

History

• Source: Amended at 25 Ill. Reg. 9045, effective July 9, 2001

62 Ill. Adm. Code 240.945 Lease Road Oiling

a) Lease road oiling shall not be allowed without receiving a permit from the Department.

b) The permittee shall apply for and receive a lease road oiling permit for each lease or unit from the Department on a form prescribed by the Department prior to oiling any lease road.

c) Application for a lease road oiling permit shall include:

1. the location of the lease or unit;

2. the permittee's name and address;

3. the method to be used for application of the bottom sediments;

4. a map showing the lease roads to be oiled and the location of any surface drainage features on or immediately adjacent to the lease or unit;

5. written consent from the current surface owner or owners allowing the crude oil bottom sediment application; and

6. a non-refundable fee of $150.

d) Upon approval, crude oil bottom sediment shall be applied to lease roads in such a fashion as to avoid run-off during application onto immediately adjacent land areas. Immediately following completion of the application, all liquids shall be incorporated or otherwise absorbed into the soil with no visible freestanding oil.

e) No lease road shall be oiled more than twice yearly.

f) Lease road oiling shall not be conducted when the ground is frozen or during precipitation events and is prohibited in areas subject to frequent flooding.

g) Crude oil bottom sediments used for lease road oiling shall not have a produced water content of greater than 10% free water by volume.

h) Lease road oiling permits are not transferable and are required for each lease or unit. The permit shall be valid for as long as the lease or unit is actively operating under the current permittee. The permit shall become invalid upon a change of the surface owner or if the surface owner withdraws consent to apply crude oil bottom sediment. A withdrawal of consent shall be made in writing to the Department.

i) Lease road oiling material applied without a permit shall be removed from the road and properly disposed of.

j) Lease road oiling permits are subject to revocation in accordance with Section 240.251.

History

• Source: Amended at 46 Ill. Reg. 20013, effective January 1, 2023

62 Ill. Adm. Code 240.950 Crude Oil Spill Waste Disposal (repealed)

History

• Source: Repealed at 19 Ill. Reg. 10981, effective July 14, 1995

62 Ill. Adm. Code 240.960 Oil Field Brine Hauling Permit Conditions (repealed)

History

• Source: Repealed at 17 Ill. Reg. 19923, effective November 8, 1993

62 Ill. Adm. Code 240.970 Inspection of Vehicles (repealed)

History

• Source: Repealed at 17 Ill. Reg. 19923, effective November 8, 1993

62 Ill. Adm. Code 240.980 Transfer of Permits (repealed)

History

• Source: Repealed at 17 Ill. Reg. 19923, effective November 8, 1993

62 Ill. Adm. Code 240.985 Revocation of Oil Field Brine Hauling Permit (repealed)

History

• Source: Repealed at 17 Ill. Reg. 19923, effective November 8, 1993

62 Ill. Adm. Code 240.990 Records and Reporting Requirements (repealed)

History

• Source: Repealed at 17 Ill. Reg. 19923, effective November 8, 1993

62 Ill. Adm. Code 240.995 Bonds--Blanket Surety Bond (repealed)

History

• Source: Repealed at 16 Ill. Reg. 2576, effective February 3, 1992

62 Ill. Adm. Code 240.1000 Definitions

Vacuum--means pressure which is reduced below the pressure of the atmosphere.

History

• Source: Added at 19 Ill. Reg. 10981, effective July 14, 1995

62 Ill. Adm. Code 240.1005 Applicability

The provisions of this Subpart apply to vacuum pumps or other devices used on oil and gas production wells for creating a vacuum in any oil or gas well. Any well with a vacuum pump existing at the time of the adoption of these rules shall apply for a permit within six (6) months after adoption of the rules.

History

• Source: Section repealed, new Section added at 19 Ill. Reg. 10981, effective July 14, 1995

62 Ill. Adm. Code 240.1010 Application for Vacuum Permit

a) No person shall use a vacuum device on any oil and/or gas production well without a permit from the Department.

b) Application for a permit to use a vacuum device shall be made on forms prescribed by the Department and executed under penalties of perjury.

c) If the application does not contain all of the required information or documents, the Department shall notify the applicant in writing. The notification shall specify the deficiency of the application, and shall advise the applicant that the application will be deemed denied unless the required information or documents are submitted within sixty (60) days following the date of notification.

History

• Source: Section repealed, new Section added at 19 Ill. Reg. 10981, effective July 14, 1995

62 Ill. Adm. Code 240.1020 Contents of Application

The application for a permit to use a vacuum device on a production well shall include:

a) the name and address of the Permittee;

b) the name of the well;

c) the legal location of the well;

d) the names and depths of the formations subject to a vacuum;

e) a map showing:

1. the boundaries of the leasehold or enhanced oil recovery unit in which the vacuum device will be located;

2. the exact location of the well on which the vacuum device will be installed;

3. the location of all unplugged production wells on the lease or unit;

4. the names of all permittees of producing lease holds within 1/4 mile of the well on which the vacuum device will be located; and

5. the location of all offset production wells located within 1/4 mile of the well on which the vacuum device will be located;

f) Submit evidence of Notice required under Section 240.1040.

(Section repealed, new Section added at 19 Ill. Reg. 10981, effective July 14, 1995)

62 Ill. Adm. Code 240.1030 Authority of Person Signing Application

a) The application for a vacuum permit shall identify whether the applicant is an individual, partnership, corporation or other entity, and shall contain the address and signature of the owner or person authorized to sign for such owner.

b) If the owner is an individual, the application shall be signed by the individual. If the owner is a partnership, the application shall be signed by a general partner. If the owner is a corporation, the application shall be signed by an officer of the corporation.

c) In lieu of the signature of the owner or such authorized person, the application may be signed by a person having a power of attorney to sign for such owner or authorized person, provided a certified copy of the power of attorney is on file with the Department or accompanies the application.

d) The entity or person to whom the permit is issued shall be called the Permittee and shall be responsible for all regulatory requirements.

e) If the applicant is a corporation, the charter must authorize the corporation to engage in the permitted activity, and the corporation must be incorporated or authorized to do business in the State of Illinois.

History

• Source: Section repealed, new Section added at 19 Ill. Reg. 10981, effective July 14, 1995

62 Ill. Adm. Code 240.1040 Notice and Hearing

a) On or before the date of filing a Vacuum Permit application with the Department, the applicant shall notify, by certified mail, return receipt requested, all permittees whose wells or leases are within a ¼ mile radius of the well. The applicant shall post a general notice, by publication in a newspaper of general circulation in the county where the well is located.

b) The notice shall contain:

1. name and depths of the formations on which vacuum will be applied;

2. the exact location of the well or wells to be affected by the use of the vacuum;

3. the address and telephone number of the Office of Oil and Gas Resource Management of the Department; and

4. a statement that the public has 15 days, from the date postmarked on the notice, to comment on the application and that comments must be made in writing to the Department.

c) Objections

If a written objection to the application is filed within 15 days after the date postmarked on the notice, the Department shall consider the objection in determining whether the permit should be issued. If the objection raises a factual or legal question regarding the sufficiency of the application in meeting the requirements for a permit or presents data indicating correlative rights may not be protected, the permit objection shall be set for a public hearing. A hearing shall be set only after all other requirements for issuance of the permit have been fulfilled.

d) Public Hearing

1. Any public hearing held pursuant to subsection (c) shall be conducted by the Department solely for the purpose of resolving the factual, legal or correlative rights questions raised by the objection;

2. Notice of the hearing shall be sent by the Department to the applicant and to the objector by mailing the notice by United States mail, postage prepaid, addressed to their last known home address;

3. A certified court reporter shall record the hearing at the Department's expense;

4. A Hearing Officer designated by the Director shall conduct the hearing. The Hearing Officer shall allow all parties to the hearing to present evidence in any form, including by oral testimony or documentary evidence, unless the Hearing Officer determined the evidence is irrelevant, immaterial, unduly repetitious, or of such nature that reasonably prudent members of the public or people knowledgeable in the oil and gas field would not rely upon it in the conduct of their affairs;

5. The Hearing Officer shall have the power to continue the hearing or to leave the record open for a certain period of time in order to obtain or receive further relevant evidence;

6. After receipt of the transcript of the hearing, the Department shall render a decision on the objection.

History

• Source: Amended at 40 Ill. Reg. 7051, effective April 22, 2016

62 Ill. Adm. Code 240.1050 Issuance of Permit

a) If the applicant satisfies the requirements of the Act and this Part, the Department shall issue a permit 15 days after the postmark date on the notice sent to adjacent permittees in accordance with Section 240.1040(a).

b) A permit shall not be issued to an applicant not in compliance with Section 240.250(b).

c) Permits are valid for the life of the well and are automatically transferred when the well is transferred in accordance with Subpart N.

d) A permit shall not be issued if, after notice and hearing, the Department determines the issuing of a vacuum permit will not protect the correlative rights of adjacent permittees.

e) If through field investigation by the Department, or upon written request by a permittee within ¼ mile of an existing well with a vacuum permit, the Department determines correlative rights of adjacent permittee are not protected, the existing permit may be revoked after hearing and notice in accordance with Section 240.1030(d).

History

• Source: Amended at 35 Ill. Reg. 13281, effective July 26, 2011

62 Ill. Adm. Code 240.1060 Permit Amendments

a) The Permittee shall not expose an unpermitted reservoir to vacuum without obtaining a permit amendment from the Department.

b) The Permittee shall make application for an amendment on a form prescribed by the Department.

c) The Permittee shall be in compliance with Section 240.1040 of this Subpart prior to issuance of the permit amendments.

History

• Source: Added at 19 Ill. Reg. 10981, effective July 14, 1995

62 Ill. Adm. Code 240.1105 Plugging of Non-Productive Wells (repealed)

History

• Source: Repealed at 14 Ill. Reg. 20427, effective January 1, 1991

62 Ill. Adm. Code 240.1110 Definitions

For the purpose of this Subpart, the term:

"Cased Well" means a well in which production casing has been set.

"Cement" means class A neat cement with a minimum weight of 14.5 pounds per gallon, unless the cement contains additives that improve the ability of the cement to provide necessary protection and that maintains a minimum compressive strength of 500 PSI after 72 hours. If fly ash is used as an additive, the maximum amount of fly ash allowable is 35% by weight of the total cement mixture. Only Class C and Class F fly ash, as defined in ASTM standard C618 (Specification for Coal Fly Ash and Raw or Calcined Natural Possolan for Use in Concrete (2008)) (no later amendments or additions included), is allowable. The generator of the fly ash must certify in writing to the cement blending company that the fly ash meets those specifications. A copy of that certification is required to be provided to the Department upon request. Also, 5% to 6% by weight of cement grade bentonite gel is required to be used in the cement and fly ash mixture. The gel is required to be cement grade and may be either wet or dry blended with the cement and fly ash mixture. The cement and fly ash dry mixture is required to be thoroughly and uniformly blended with either a mechanical or pneumatic cement blender prior to the addition of any water. An authorized representative of the cement blending company is required to certify in writing that the dry mixture contains a maximum of 35% fly ash and has been properly blended. The well cement contractor is required to provide the certification to the Department's representative prior to use of the mixture unless otherwise directed by the Department. If the Department determines or has reason to believe, by testing or visual inspection, that the mixture has not been properly blended, the mixture shall not be used until properly blended and has been approved for use by a Department representative.

"Circulation Method" means placement of cement used in plugging a well by circulating cement through a pipe set at a specified depth in the well.

"Dump Bailer Method" means placement of cement used in plugging a well by using a dump bailer on a wire line.

"Inactive Well" means a well that has ceased operation for a period of up to 24 consecutive months.

"Mud" means a drilling mud with a minimum Marsh funnel viscosity of 45 seconds. Mud may contain water (fresh or brine), bentonite, attapulgite or other additives if they do not reduce the viscosity below 45 seconds.

"Plugging Fluid Waste" means plugging fluids, including cement, that are generated from the well during plugging activities.

"Producing Lease" or "Producing Unit" means a lease or waterflood/enhanced oil recovery unit that has produced and sold oil within the preceding 12 month period.

"Uncased Well" means a well in which production casing has not been set.

History

• Source: Amended at 35 Ill. Reg. 13281, effective July 26, 2011

62 Ill. Adm. Code 240.1115 Plugging Responsibility

The current permittee or person required to be the permittee is responsible for plugging wells as defined in Sections 240.200, 240.300, 240.1800 and 240.1900 of this Part. In the case of leaking wells, plugging responsibility is in accordance with Sections 240.870 and 240.875 of this Part.

History

• Source: Added at 25 Ill. Reg. 9045, effective July 9, 2001

62 Ill. Adm. Code 240.1120 Plugging of Uncased Wells

a) Any well in which production casing is not set and cemented shall be plugged in accordance with Section 240.1140 of this Part within 30 days after drilling has ceased unless an extension of time has been granted by the Department. In determining whether to grant an extension and in determining the length of an extension, the Department will consider:

1. the permittee's specific plans for further wellbore evaluation or utilization,

2. the total depth of the well,

3. the depth of surface casing,

4. a description of the current condition of the hole including a description of the drilling fluids currently in the well.

b) If the Department determines, based upon field observation, that the uncased well presents a risk of contamination to the environment, or a risk of fire or public safety hazard due to the leaking of well bore fluids or the escape of flammable or toxic gases, the permittee shall commence plugging the well within twenty four (24) hours after notification by the Department.

History

• Source: Amended at 18 Ill. Reg. 8061, effective May 13, 1994

62 Ill. Adm. Code 240.1130 Plugging and Temporary Abandonment of Inactive Production Wells

a) Any idle production well on an active lease or unit that has not had commercial production during the last 24 consecutive months shall be deemed abandoned, in accordance with Section 240.1600, and plugged in accordance with Section 240.1140 unless the well has been approved for Temporary Abandonment status in accordance with subsection (c).

b) Any idle production well on an inactive lease or unit, if the lease or unit has not had commercial production during the last 24 consecutive months, shall be deemed abandoned and not eligible for Temporary Abandonment status, pending a hearing held in accordance with Section 240.1610.

c) The permittee shall apply for Temporary Abandonment status by making written application on forms provided by the Department. The Department shall place the well on Temporary Abandonment status, if the following conditions (which shall be continuing requirements) are met:

1. The well:

A) shall have proper bond in effect in accordance with the Act, if applicable; and

B) is not in the Plugging and Restoration Fund.

2. The well shall have an intact leak free wellhead, or be capped with a valve, and configured to monitor casing or annular pressure. The well shall be configured to include a one quarter inch female fitting, with shut-off valve, to allow monitoring of the annulus.

3. If the well is a permitted gas well and the well has a sustained gas pressure at the surface, the requirements of subsection (e) do not apply.

4. The wellhead shall be above ground level.

5. The permittee complies with the requirements of subsection (d).

d) Prior to the Department placing the well on Temporary Abandonment status, the permittee shall conduct a fluid level test upon the fluid in the well bore, after notice to and under the supervision of a Department representative, using acoustical, wire line or string line measuring methods. If the Department authorizes the permittee to conduct a fluid level test without the presence of a Department representative, the permittee shall report the fluid level test on a form prescribed by the Department.

1. If the fluid level in the wellbore is no higher than 100 feet below the base of the fresh water, the Department may grant Temporary Abandonment status if the conditions in subsections (c)(1) through (4) are met. Unless the permittee elects to satisfy the conditions of subsections (d)(3)(A) or (B), the permittee shall perform additional fluid level tests, as prescribed in subsection (d), every 5 years or until the well is removed from Temporary Abandoned status.

2. If the fluid level, as tested, is higher than 100 feet below the base of the fresh water and, at the time of the Temporary Abandonment request, the well is listed in Active status in the Department's records, the permittee may:

A) After notice to and under the supervision of a Department representative, remove any fluid to a level 100 feet below the base of the fresh water. At least 48 hours, but not more than 96 hours after the fluid has been removed, the permittee shall measure the fluid level as prescribed in subsection (d).

i) If the fluid level is higher than 100 feet below the base of fresh water, the permittee shall follow the requirements in subsection (d)(3)(A) or (B); or

ii) If the fluid level remains more than 100 feet below the base of fresh water, at least 9, but no longer than 12 months from the date that fluid was removed from the well bore, the permittee shall measure the fluid level in accordance with subsection (d). If, after the subsequent fluid level test, the fluid level within the wellbore has remained at least 100 feet below the base of fresh water, and the conditions in subsections (c)(1) through (4) continue to be met, the Department shall grant Temporary Abandonment status for 5 years from the date of the subsequent fluid level test. Thereafter, the permittee shall perform additional fluid level tests, as prescribed in subsection (d), every 5 years or until the well is removed from Temporary Abandonment status.

B) Elect to follow the requirements of subsections (d)(3)(A) or (B).

3. If the fluid level, as tested, is higher than 100 feet below the base of fresh water and, at the time of the Temporary Abandonment request, the well is listed in Temporary Abandonment status in the Department's records, the permittee may, after notice to, and under the supervision of, a Department representative:

A) set a cast iron plug within 200 feet above the uppermost perforated or open hole interval in the cemented portion of the production casing, but no less than 100 feet below the base of the fresh water, remove any fluid to a level at least 100 feet below the base of the freshwater zone, and monitor the fluid level every 5 years in accordance with subsection (d); or

B) set a cast iron plug within 200 feet above the uppermost perforated or open hole interval in the cemented portion of the production casing, but no less than 100 feet below the base of the fresh water, and pressure test the casing by maintaining a pressure of 300 PSIG (which may vary no more than 5%) for a period of 30 minutes. Subsequent pressure tests shall be conducted every 5 years or until the well is removed from Temporary Abandonment status.

e) If the Department finds that a well that is in Temporary Abandonment status is in violation of the operational requirements set forth in subsection (c) or (d), the Department shall issue a Director’s Decision requiring that the well be properly plugged, re-plugged or repaired. If the permittee has not complied with a Director’s Decision issued by the Department pursuant to this subsection (e) and after a final administrative decision is issued, the well is found to be in violation of subsection (c) or (d), the Temporary Abandonment status for the well shall be revoked until the violation has been remediated and the well is in compliance with this Section.

f) The permittee shall monitor the well and certify annually, on a form provided by the Department, that there is no pressure on the casing or any annuls of a well that has been granted Temporary Abandonment status.

g) If a Temporary Abandonment request is denied, the permittee shall, within 90 days, plug the well or correct the deficiency that caused the denial and secure an approved Temporary Abandonment permit.

h) Beginning January 1, 2023, Temporary Abandonment status shall terminate 5 years from the date that Temporary Abandonment status was granted unless the permittee complies with the requirements of subsection (d) for each 5-year period that a well is in Temporary Abandonment status. Temporary Abandonment status may be terminated upon application for termination of Temporary Abandonment status by the permittee and a Temporary Abandonment request being approved by the Department following a well inspection by a Department well inspector. Temporary Abandonment termination requests shall be on a form prescribed by the Department.

i) Wells On Temporary Abandonment Status On January 1, 2023

1. Beginning January 1, 2023, wells on Temporary Abandonment status on January 1, 2023, shall be granted an additional Temporary Abandonment status of 5 years upon the expiration of the original Temporary Abandonment designation, provided:

A) the well remains in compliance with subsections (c) and (d);

B) the lease or unit which the wells are located remains active; and

C) the permittee submits an application pursuant to subsection (c) and that application is approved by the Department.

2. Temporary Abandonment status may be renewed for successive 5-year periods if the well remains in compliance with this Section.

j) The Department shall assess and collect annual fees of $100 per well for each well that is in Temporary Abandonment status.

k) The Department shall grant Temporary Abandonment status for successive 5 year periods if a well remains in compliance with this Section and upon the permittee’s submission of detailed geological, engineering, or economical evidence that, based on industry standards, the well remains viable for future oil and gas development purposes.

History

• Source: Amended at 46 Ill. Reg. 20013, effective January 1, 2023

62 Ill. Adm. Code 240.1131 Extension of Future Use Status for Production Wells (repealed)

History

• Source: Repealed at 25 Ill. Reg. 9045, effective July 9, 2001

62 Ill. Adm. Code 240.1132 Plugging and Temporary Abandonment of Inactive Class Ii Uic Wells

a) Any Class II UIC well located on an active lease, equipped with tubing and packer and that has previously established mechanical integrity in accordance with Section 240.760 shall maintain mechanical integrity in accordance with Section 240.760 or shall be plugged in accordance with Section 240.1140 unless the well has been approved for Temporary Abandonment status in accordance with subsection (e).

b) Any inactive Class II UIC well located on an inactive lease, when the lease has not been in operation for 24 consecutive months, shall be deemed abandoned and not eligible for Temporary Abandonment status pending a hearing held in accordance with Section 240.1610.

c) Any inactive Class II UIC well located on an active lease, without tubing and packer, and that has previously established mechanical integrity in accordance with Section 240.760 shall be plugged in accordance with Section 240.1140 unless the well is approved for Temporary Abandonment status in accordance with subsection (e).

d) Any inactive Class II UIC well located on an active lease, equipped with tubing and packer or without tubing and packer, and that has not previously established mechanical integrity in accordance with Section 240.760 shall be plugged in accordance with Section 240.1140 unless the well is approved for Temporary Abandonment status in accordance with subsections (e)(1), (2) and (3) and establishes mechanical integrity as follows:

1. a cast iron plug shall be set within 200 feet above the perforated or open hole interval in the cemented portion of the production casing, but no less than 100 feet below the base of the fresh water, and the casing shall be pressure tested by maintaining a pressure of 300 PSIG (which may vary no more than 5%) for a period of 30 minutes; or

2. install tubing and a packer and conduct a passing internal mechanical integrity test in accordance with Section 240.760.

e) The permittee shall apply for Temporary Abandonment status by making written application on forms provided by the Department. The Department may place the well on Temporary Abandonment status if the following conditions (which shall be continuing requirements) are met:

1. The well shall:

A) have proper bond in effect in accordance with the Act if applicable; and

B) not be the subject of any final administrative decision for abandonment.

2. The well shall have an intact, leak free wellhead, or be capped with a valve, be configured to monitor casing or annular pressure, and have injection lines disconnected.

3. The wellhead shall be above ground level.

4. The permittee complies with the requirements of subsection (f).

f) Prior to the Department placing the well on Temporary Abandonment status, the permittee shall conduct a fluid level test upon the fluid in the well bore, after notice to and under the supervision of a Department representative, using acoustical or wire line measuring methods. If the Department authorizes the permittee to conduct a fluid level test without the presence of a Department representative, the permittee shall report the fluid level test on a form prescribed by the Department.

1. If the fluid level in the wellbore is no higher than 100 feet below the base of the fresh water, the Department may grant Temporary Abandonment status if the conditions in subsections (e)(1) through (3) are met. Unless the permittee elects to satisfy the conditions of subsections (f)(3)(A) or (B), the permittee shall perform additional fluid level tests, as prescribed in this subsection (f), every 2 years or until the well is removed from Temporary Abandonment status.

2. If the fluid level, as tested, is higher than 100 feet below the base of the fresh water and, at the time of the Temporary Abandonment request, the well is listed in Active status in the Department's records, the permittee may:

A) After notice to, and under the supervision of, a Department representative, remove any fluid to a level 100 feet below the base of the fresh water. At least 48 hours, but not more than 96 hours, after the fluid has been removed, the permittee shall measure the fluid level as prescribed in this subsection (f).

i) If the fluid level is higher than 100 feet below the base of fresh water, the permittee shall follow the requirements in this subsections (f)(3)(A) or (B); or

ii) If the fluid level remains more than 100 feet below the base of fresh water, at least 9, but no longer than 12 months from the date that fluid was removed from the well bore, the permittee shall obtain the fluid level in accordance with subsection (f). If, after the subsequent fluid level test, the fluid level within the wellbore has remained at least 100 feet below the base of fresh water, and the conditions in subsections (e)(1) through (3) continue to be met, the Department shall grant temporary abandonment status for 2 years from the date of the subsequent fluid level test. Thereafter, the permittee shall perform additional fluid level tests, as prescribed in this subsection (f), every 2 years or until the well is removed from Temporary Abandonment status.

B) Elect to follow the requirements of subsections (f)(3)(A) or (B).

3. If the fluid level, as tested, is higher than 100 feet below the base of the fresh water and, at the time of the Temporary Abandonment request, the well is listed in Temporary Abandonment status in the Department's records, the permittee may, after notice to and under the supervision of, a Department representative:

A) set a cast iron plug within 200 feet above the uppermost perforated or open hole interval in the cemented portion of the production casing, but no less than 100 feet below the base of the fresh water, remove any fluid to a level at least 100 feet below the base of the freshwater zone, and monitor the fluid level every 2 years in accordance with this subsection (f); or

B) set a cast iron plug within 200 feet above the uppermost perforated or open hole interval in the cemented portion of the production casing, but no less than 100 feet below the base of the fresh water, and pressure test the casing by maintaining a pressure of 300 PSIG (which may vary no more than 5%) for a period of 30 minutes. Subsequent pressure tests shall be conducted every 5 years or until the well is removed from Temporary Abandonment status.

g) If a Temporary Abandonment request is denied, the permittee shall, within 90 days, plug the well or correct the deficiency that caused the denial and secure an approved Temporary Abandonment permit.

h) Temporary Abandonment status for production wells shall not be terminated until the well has been inspected by an Office well inspector and a Temporary Abandonment termination request is approved by the Department. Temporary Abandonment termination requests shall be on a form prescribed by the Department.

i) Temporary Abandonment status will be granted every 2 years provided the wells remain in compliance with subsections (e) and (f) and the lease or unit on which the wells are located remains active, except for wells that fulfill the requirements of subsection (f)(3)(B), which will be granted every 5 years.

j) The Department shall assess and collect annual fees of $100 per well for each well that is in Temporary Abandonment status. [225 ILCS 725/8e(a)]

History

• Source: Amended at 49 Ill. Reg. 565, effective December 30, 2024

62 Ill. Adm. Code 240.1140 General Plugging Procedures and Requirements

a) Notification of District Office

The permittee shall contact the District Office at least 24 hours prior to plugging a cased well or as soon as possible after determination has been made to plug an uncased well.

b) Well Drilling and Construction Data

For all cased wells, the permittee shall have a well log and the well completion report at the site for review by the well inspector at the scheduled time of plugging. If the permittee cannot locate well logs or the well completion report, the permittee shall make available at the site copies of any logs and well construction records maintained by the Illinois State Geological Survey. For all uncased wells, all available drilling and well construction information shall be at the well site for review by the well inspector at the time of plugging.

c) Foreign Material Prohibited

1. Except for an unavoidable loss of drilling or logging tools or producing equipment, placing or lodging any material or substance in an unplugged well to either fill or bridge the hole for the purpose of avoiding proper plugging procedures is prohibited.

2. Foreign materials that have been placed in the hole shall be removed before plugging operations are commenced.

d) Plugging A Bridged Well

When a well becomes plugged or obstructed because of the loss of drilling or logging tools or producing equipment that would be impractical to remove, the Department may vary the plugging requirements of this Section and specify alternative plugging requirements. In determining whether to approve and in selecting alternative plugging requirements, the Department shall consider the time and cost of removing lost tools or equipment, the potential for damage to fresh water and coal seams and the depth of the lost tools or equipment in relation to the depth of freshwater zones and coal seams, and well construction characteristics.

e) Methane Monitoring Requirements During Plugging Operations

Plugging operations for all wells shall be continuously monitored by a methane gas detector that is properly calibrated and in proper working order to ensure the methane concentration in the work area remains less than 3%. If the methane concentration in the work area reaches 3%, plugging operations shall cease immediately and shall not resume until corrective actions have been taken and the methane concentration in the work area has been reduced to less than 3%.

History

• Source: Amended at 35 Ill. Reg. 13281, effective July 26, 2011

62 Ill. Adm. Code 240.1150 Specific Plugging Procedures

a) Circulation of Cement

Cement may be circulated from total depth or plugged back total depth to surface in lieu of the placing of plugs specified in subsection (b), (c) and (d), provided both the workable coal and the freshwater zones have been protected by cement in direct contact with both strata.

b) Producing Interval Plug

1. Cased Wells

A) Circulation Method

When using the circulation method, a cement plug shall be placed opposite each perforated interval, and each interval that is exposed after removal of production casing that has produced oil or gas or into which injection is occurring within ¼ mile radius of the well, and extend 50 feet below the deepest perforated interval, total depth, or plugged back total depth, and extend to 50 feet above the shallowest perforated interval or 50 feet above the open hole interval.

B) Dump Bailer Method

When using the dump bailer method, a cast iron plug shall be set immediately above each perforated interval, and each interval that is exposed after removal of production casing that has produced oil or gas or into which injection is occurring within ¼ mile radius of the well, and a minimum of 10 feet of cement shall be placed on top of each cast iron plug. As an alternative to setting a cast iron plug, a standard cement pump down plug can be placed in the well and a minimum of 50 feet of cement placed on top of each plug. To insure the cement plug has been properly set, the cement plug shall be tagged after a minimum of 2 hours. The use of the cement pump down plug is prohibited if the well is flowing fluid to the surface.

2. Uncased Wells

Wells shall be filled with mud before commencement of plugging operations and a cement plug shall be placed opposite any exposed interval that has produced oil or gas or into which injection is occurring within ¼ mile radius of the well. The cement plug shall extend from 50 feet below the exposed zone to 50 feet above the zone. The cement plug may be placed using either the circulation or dump bailer method.

3. All wells shall be left open overnight or for a minimum of 12 hours after the surface plug has been set to allow for the verification of the top of the cement. If, after the required waiting period, the top of the cement has fallen more than 4 feet below the ground surface, additional cement shall be placed in the well to bring the top of the cement up to within approximately 4 feet of the ground surface.

c) Coal Plugs–

A plug shall be placed across each workable coal seam in accordance with Section 240.1151.

d) Surface Plug

Surface casing shall not be pulled from any well and a cement plug shall be placed across the freshwater zones using either the circulation or dump bailer method as follows:

1. Wells with Surface Casing

A) If surface casing extends 50 feet below the freshwater zones with cement circulated to the surface, a cement plug shall be placed in direct physical contact with the strata and surface casing from 25 feet below the setting depth of the surface casing and extend to the surface. If production casing is left in the hole and there is no cement behind the production casing, cement shall be placed inside and outside of the production casing from 25 feet below the setting depth of the surface casing and extend to the surface. Cement shall be placed outside of the production casing by perforating the casing 25 feet below the setting depth of the surface casing and squeezing cement behind the production casing to the surface, or by inserting tubing down the backside of the production casing to a depth of 25 feet below the setting depth of the surface casing and circulating cement to the surface.

B) If surface casing does not extend 50 feet below the base of the freshwater zone, a continuous cement plug shall be placed in direct physical contact with strata from a depth of 50 feet below the base of the freshwater zone to the surface. If production casing is left in the hole, and there is no cement behind the production casing, cement shall be placed inside and outside of the production casing from 50 feet below the base of the freshwater zone and extend to the surface. Cement shall be placed outside of the production casing by perforating the casing 50 feet below the base of the freshwater zone and squeezing cement behind the production casing to the surface, or by inserting tubing down the backside of the production casing to a depth of 50 feet below the base of the freshwater zone and circulating cement to the surface.

2. Wells Without a Surface Casing–

A cement plug shall be placed from a depth of 50 feet below the base of the freshwater zones to the surface.

e) Plugging Requirements for Wells with Uncemented Casings.

When the Department determines that the plugging procedures set forth in this Section cannot be followed due to well construction and the lack of cement behind the casings, the Department will authorize the following alternative plugging procedures:

1. The production casings shall be removed from a point at least 50 feet below the base of the fresh water, the hole filled with mud, and a surface plug set in accordance with subsection (d);

2. If the production casings cannot be removed to a depth at least 50 feet below the base of the fresh water, all casings contained within the outermost casing shall be removed to a depth at least 50 feet below the base of the fresh water, and the outermost casing in direct contact with the borehole wall shall be perforated, ripped or parted at an interval 50 feet below the base of the fresh water to permit cement to infiltrate the annulus between the casing and the borehole wall. The hole shall be filled with mud, the perforated, ripped or parted interval shall be squeezed with cement, and a surface plug must be set in accordance with subsection (d).

3. If the well cannot retain mud because the producing interval takes fluid, the producing interval shall be covered with sand, crushed rock or other similar material to provide an anchor on which to place the column of mud, and the hole shall be filled with mud and a surface plug set in accordance with subsection (e)(1) or (2).

History

• Source: Amended at 35 Ill. Reg. 13281, effective July 26, 2011

62 Ill. Adm. Code 240.1151 Procedures for Plugging Coal Seams

a) When the owner or manager of any inactive, nonproductive or nonoperative well in an active coal mine area desires to plug such well or partially plug back to a different formation or to withdraw casing from such well, he shall notify the well inspector for the county in which the well is located and notify the owner or operator of such coal mine at least eight (8) hours in advance of the time he expects to begin plugging or pulling casing. The commencement of such operations, including shooting off casing, is prohibited until an authorized Department Representative is present.

b) Protection of Coal Seams

1. Each coal seam of thirty (30) inches or more of thickness and lying above the depth of one thousand (1000) feet shall be protected by a cement plug extending one hundred (100) feet above said coal seam to a distance of fifty (50) feet below the same or to the bottom of the hole, whichever is less.

2. In wells penetrating an active mine or the worked out area of a mine or the undeveloped limits of a mine property having workable coal seam or seams, a substantial support shall be provided for each cement plug required for coal seam protection. The supporting plug shall consist of wood or other suitable material having adequate strength and shall be set and tested to determine that settlement or a movement of the cement plug will not take place during the period required for the setting of the cement.

c) The provisions of this Section are in addition to the plugging requirements of this Subpart.

History

• Source: Added at 14 Ill. Reg. 20427, effective January 1, 1991

62 Ill. Adm. Code 240.1160 Plugging Fluid Handling and Storage

a) When plugging a well, the permittee shall provide at least one (1) pit or leak free above ground portable container into which plugging fluid wastes shall be deposited.

b) Plugging pits shall be constructed with sufficient capacity to contain all plugging fluid wastes within the pits, and maintained in a manner that reasonably prevents against overflow during plugging operations. Plugging pits shall be used only for the temporary storage of plugging fluid wastes, and shall not be used for the disposal of general oilfield wastes.

c) All general oilfield wastes generated during plugging activities shall be temporarily stored in on-site containers, and shall be removed from the site at the conclusion of plugging activity. General oilfield wastes shall not be disposed of through on-site burial or in plugging pits.

History

• Source: Section repealed at 14 Ill. Reg. 13620, effective August 8, 1990, new Section added at 16 Ill. Reg. 15513, effective September 29, 1992

62 Ill. Adm. Code 240.1170 Plugging Fluid Waste Disposal and Well Site Restoration

Within 6 months after a well is plugged:

a) The free liquid fraction of the plugging fluid waste, consisting of produced water and crude oil, shall be removed from the pit and disposed of in a Class II Injection well (or in above ground tanks or containers pending disposal) prior to restoration. The remaining plugging fluid wastes shall be disposed of by on-site burial.

b) All plugging pits shall be filled and leveled in a manner that allows the site to be returned to original use with no subsidence or leakage of fluids, and where applicable, with sufficient compaction to support farm machinery.

c) All drilling and production equipment, rock or concrete bases, machinery, and equipment debris shall be removed from the site.

d) Casing shall be cut off at least 4 feet below the surface of the ground, and a steel plate welded on the casing or a mushroomed cap of cement approximately one foot in thickness shall be placed over the casing so that the top of the cap is at least 3 feet below ground level.

e) Any drilling rat holes shall be filled with cement to no lower than 4 feet and no higher than 3 feet below ground level.

f) The well site and all excavations, holes and pits shall be filled and the surface leveled.

g) Upon written request of the permittee, the Department may approve extensions of time, not to exceed a date 12 months after the plugging of the well, to complete the work required by subsections (a) through (f). All extension requests must be received by the Department no less than 10 calendar days prior to the expiration of the initial 6 month period or any extensions of that time period. When determining whether to grant an extension, and in determining the length of any extensions, the Department will consider factors including, but not limited to:

1. the permittee's diligence in completing the work since the well was plugged;

2. weather conditions;

3. amount and type of work completed;

4. amount and type of work still remaining to be completed;

5. number of wells and facilities involved in the work;

6. written consent to extension from surface owner;

7. availability of equipment and/or services; and

8. conditions beyond the permittee's control.

History

• Source: Amended at 40 Ill. Reg. 7051, effective April 22, 2016

62 Ill. Adm. Code 240.1180 Lease Restoration

a) Within 6 months after the last well on a lease has been plugged, all excavations and pits shall be filled and leveled and all pits and concrete storage structures shall be restored in accordance with Subpart H. Subject to an existing right of way, tank batteries and other production equipment, rock and concrete pads, general oilfield waste and equipment debris, flowlines at or above the surface, and electric power lines and poles extending on or above the surface, shall be removed. Containment dikes shall be removed if constructed with other than soil and leveled.

b) Upon written request of the permittee, the Department may approve extensions of time, not to exceed a date 12 months after the plugging of the well, to complete the work required to bring the lease into compliance with this Section. All extension requests must be received by the Department no less than 10 calendar days prior to the expiration of the initial 6 month period of any extensions. When determining whether to grant an extension and in determining the length of an extension, the Department will consider factors including, but not limited to:

1. the permittee's diligence in completing the work since the well was plugged;

2. weather conditions;

3. amount and type of work completed;

4. amount and type of work still remaining to be completed;

5. number of wells and facilities involved in the work;

6. written consent to extension from surface owner;

7. availability of equipment and/or services; and

8. conditions beyond the permittee's control.

History

• Source: Amended at 40 Ill. Reg. 7051, effective April 22, 2016

62 Ill. Adm. Code 240.1181 Lease Restoration Requirements (repealed)

History

• Source: Repealed at 40 Ill. Reg. 7051, effective April 22, 2016

62 Ill. Adm. Code 240.1190 Filing Plugging Report

Immediately after the plugging of any well has been completed, the permittee or his representative shall complete and file a plugging report on a form provided by the Department or provide necessary documents to the District Office containing information sufficient to complete a plugging report if a representative from the Department was not present at the well site during plugging.

History

• Source: Amended at 18 Ill. Reg. 8061, effective May 13, 1994

62 Ill. Adm. Code 240.1200 Applicability

The provisions of this Subpart apply to wells and drill holes other than oil or gas production wells, Class II UIC wells covered by Subparts B and C, Gas Storage and Service wells covered by Subparts R and S. This Subpart applies to the following types of wells or drill holes:

a) Coal or Mineral Groundwater Monitoring Well: a well drilled to monitor groundwater conditions in coal or mineral mining projects. A permit under this Subpart is not required in areas covered by a permit issued by the Department under the Surface-Mined Land Conservation and Reclamation Act (Ill. Rev. Stat. 1991, ch. 96 1/2, par. 4501 et seq.) [225 ILCS 715] and the Surface Coal Mining Land Conservation and Reclamation Act (Ill. Rev. Stat. 1991, ch. 96 1/2, par. 7901.01 et seq.) [225 ILCS 720].

b) Structure Test Hole: a hole drilled to evaluate the geologic nature of underlying strata for use in an oil and gas, gas storage or mining project. A permit under this Subpart is not required for holes which do not penetrate bedrock or for seismograph shot holes or for holes located in areas covered by a permit issued by the Department under the Surface-Mined Land Conservation and Reclamation Act and the Surface Coal Mining Land Conservation and Reclamation Act.

c) Coal Test Hole: a hole drilled to test for the presence, quality or quantity of coal. Coal strip mine overburden blast holes do not require a permit.

d) Mineral Test Hole: a hole drilled to test for the presence, quality or quantity of minerals including metallics, fluorspar, shale, limestone and sandstone or any other mineral which will be mined or quarried, excluding unconsolidated sand and gravel. Mineral test holes which do not penetrate bedrock do not require a permit under this Subpart. Quarry drill holes drilled on property owned by and contiguous to any established quarry do not require a permit.

History

• Source: Amended at 18 Ill. Reg. 8061, effective May 13, 1994

62 Ill. Adm. Code 240.1205 Application for Permit to Drill a Test Well or Drill Hole

a) No person shall drill a test well or hole covered by this Subpart without a permit from the Department.

b) An application for a permit to drill a coal test hole, mineral test hole, structure test hole, or coal or mineral groundwater monitoring well shall:

1. Be made on forms prescribed by the Department.

2. Be executed under penalties of perjury, and accompanied by the nonrefundable fee of $400 per section, or part of a section, as delineated by the United States Public Land Survey.

3. Contain a statement indicating whether the well or drill hole is located over an underground gas storage field as defined in Section 240.1805(c) or the gas storage rights are owned by someone other than the lessor under the oil and gas lease; the applicant shall submit documentation establishing compliance with Section 240.1820.

4. Be accompanied by the bond required under Subpart O.

History

• Source: Amended at 49 Ill. Reg. 565, effective December 30, 2024

62 Ill. Adm. Code 240.1210 Contents of Application for Permit to Drill or Convert to an Observation, Gas Storage Well or Service Well (repealed)

History

• Source: Repealed at 18 Ill. Reg. 8061, effective May 13, 1994

62 Ill. Adm. Code 240.1220 Contents of Application for Coal Test Hole, Mineral Test Hole, Structure Test Hole, or Coal or Mineral Groundwater Monitoring Well

a) Each application for a coal, mineral or structure test or coal or mineral groundwater monitoring permit shall be for those holes to be drilled in one section of land, as established by the official United States Public Land Survey, by the applicant.

b) Each application shall include:

1. A map showing the proposed location(s) of the test hole(s); except that in the case of structure, coal and mineral test holes, the application need only identify the Section.

2. The approximate proposed total depth of the test hole(s).

3. The type of drilling tools to be used.

History

• Source: Former Section recodified to 240.1420; new Section added at 17 Ill. Reg. 14097, effective August 24, 1993

62 Ill. Adm. Code 240.1230 Authority of Person Signing Application

a) All applications for structure, coal and mineral test holes and mineral and coal groundwater monitoring wells shall identify whether the applicant is an individual, partnership, corporation or other entity and shall contain the address and signature of the applicant or person authorized to sign for such applicant.

b) If the applicant is an individual, the application shall be signed by the individual. If the applicant is a partnership, the application shall be signed by the general partner. If the applicant is a corporation, the application shall be signed by an officer of the corporation.

c) In lieu of the signature of the applicant or such authorized persons, the application may be signed by a person having a power of attorney to sign for such owner or authorized person, provided a certified copy of the power of attorney accompanies the application.

d) The entity or person to whom the permit is issued shall be called the Permittee and shall be responsible for all regulatory requirements relative to the well or drillhole.

e) If the applicant is a corporation, the charter must authorize the corporation to engage in the permitted activity, and the corporation must be incorporated or authorized to do business in the State of Illinois.

History

• Source: Amended at 18 Ill. Reg. 8061, effective May 13, 1994

62 Ill. Adm. Code 240.1240 Issuance of Permit

a) If the applicant satisfies the requirements of the Act and this Part, the Department shall issue a permit.

b) A permit shall not be issued to an applicant not in compliance with Section 240.250(b) .

c) Mineral or coal groundwater monitoring well permits shall expire 1 year from the date of issuance unless acted upon by commencement of drilling.

d) Coal, mineral and structure test hole permits expire 1 year from date of issuance.

e) Mineral or coal groundwater monitoring well permits are not transferable prior to the drilling of the well or test hole.

f) Coal, mineral and structure test hole permits are not transferable.

History

• Source: Amended at 35 Ill. Reg. 13281, effective July 26, 2011

62 Ill. Adm. Code 240.1250 When Wells Shall Be Plugged and Department Notification

a) Structure, coal and mineral test holes shall be plugged within thirty (30) days after drilling ceases unless converted to a potable water well in accordance with Section 240.1290; however, if such hole is to be used as a mineral or coal groundwater monitoring well, the well shall be plugged in accordance with subsection (c) below. The permittee shall contact the District Office responsible for the area in which the permit is located 24 hours prior to beginning drilling operations covered by that permit.

b) Mineral or coal groundwater monitoring wells shall be plugged when no longer used for the purpose for which they were permitted. At least 24 hours prior to commencing plugging the permittee shall notify the District office for the county in which the well is located.

History

• Source: Amended at 18 Ill. Reg. 8061, effective May 13, 1994

62 Ill. Adm. Code 240.1260 Plugging and Restoration Requirements

a) Coal or mineral groundwater monitoring wells, structure test holes, coal test holes and mineral test holes shall be plugged as follows:

1. If the total depth of the well or hole extends below the base of the freshwater as determined by the Department, the well or hole shall be plugged from total depth to the top of the bedrock with cement. When the plugging requirements of subsection (b)(1) would be impractical due to the presence of fractures in the bedrock or other geologic conditions that would prohibit the containment of fluids in the well, the Department may authorize alternative plugging requirements. In determining whether to approve and in selecting alternative plugging requirements, the Department shall consider the total depth of the hole and the depth and quality of the freshwater.

2. If the total depth of the well or test hole does not extend below the base of the freshwater as determined by the Department, the hole shall be plugged as stated above or may be plugged by circulating bentonite slurry from total depth to surface. When the plugging requirements of subsection (b)(2) would be impractical due to the presence of fractures in the bedrock or other geologic conditions that would prohibit the containment of fluids in the well, the permittee shall place a bridge plug above the fractured zone and circulate bentonite slurry from the plug to the surface.

b) At the conclusion of drilling, all drill cuttings shall be buried in drill pits or landspread (with permission of surface owner), and all pits used in drilling shall be filled and restored to support farm machinery, and all drilling debris shall be removed from the site.

History

• Source: Amended at 18 Ill. Reg. 8061, effective May 13, 1994

62 Ill. Adm. Code 240.1270 Confidentiality

a) The information and records of the Department for any mineral test, structure test, and coal test hole shall, on written request from the permittee, be kept confidential for two years after the date the permit for such hole was issued, provided that the request is made in writing at the time of the filing of the permit application.

b) The reports required to be filed with the Illinois State Geological Survey, under Section 6(4) of the Illinois Oil and Gas Act, for any hole or well covered under this Subpart shall on request be kept confidential for two years from the date the permit for such hole or well is issued, provided that the request is made in writing at the time of the filing of the permit application.

History

• Source: Former Section recodified to 240.1470; new Section added at 17 Ill. Reg. 14097, effective August 24, 1993

62 Ill. Adm. Code 240.1280 Converting to Water Well

a) Coal or mineral groundwater monitoring and service wells may not be converted to a water well required to have a permit from the Illinois Department of Public Health.

b) Mineral, coal and structure test wells may be converted to water wells required to have a permit from the Illinois Department of Public Health provided the permittee obtains a permit from the Illinois Department of Public Health.

History

• Source: Amended at 18 Ill. Reg. 8061, effective May 13, 1994

62 Ill. Adm. Code 240.1300 Introduction

To prevent waste, the Mining Board shall protect workable coal beds in the drilling, casing, and plugging of wells drilled for oil or gas, or for any other purpose in connection therewith.

History

• Source: Recodified from Section 240.805 at 15 Ill. Reg. 8566

62 Ill. Adm. Code 240.1305 Permit Requirements in Mine Areas

a) Requirements for Areas of Mining Activity

When the location of a well to be drilled for oil or gas, or any purpose in connection with that drilling, will penetrate an active mine or through the mined out and inaccessible or sealed off area of an active mine, or will penetrate those areas in a temporarily abandoned mine, or the undeveloped limits of any such mine property, as included in the shadow areas set forth in an approved mining permit, a drilling permit shall not be issued by the Mining Board until an agreement is reached between the owner of the proposed well and the mine owner, or in the event of failure to reach an agreement, a permit will not be issued until a hearing is held as provided in this Section.

1. Agreement with Mine Owner

A copy of the agreement, jointly signed by the applicant for a permit and the mine owner, agreeing to the drilling of the well and the proposed location shall be filed with the application and accompanied by a map or sketch showing the well location, its relation to shafts and mine buildings and to each coal seam and mine workings underlying applicant's lease. As an alternative, a statement from the mine owner that the location is over the undeveloped limits of the mine shall be filed.

2. Requirements in Absence of Agreement

A) In the absence of the agreement or statement outlined in subsection (a)(1), the applicant shall file with the application for permit a map or sketch showing the well location, its relation to shafts and mine buildings, if any, and its relation to the mine workings underlying applicant's lease, with a sworn statement that a true and exact copy of application and accompanying exhibits were either: mailed postage prepaid by United States registered mail to the coal company or its authorized agent; or sent to the company or its authorized agent by national courier service; or personally delivered to the company or its authorized agent.

B) If, within 10 days after the receipt of the application for permit by the Mining Board, no written objections are filed, the Mining Board shall issue or deny the permit.

C) Upon the filing of objections to the issuance of the permit, the Mining Board shall promptly set the matter for hearing and decisions.

b) Requirements for Areas with Presence of Workable Coal

In inactive mining areas where the existence of workable coal is known and the coal rights are owned by someone other than the lessor under an oil and gas lease, the applicant for a permit to drill a well for oil and gas or to drill any well in connection with the production of oil and gas shall notify the owner of the workable coal either United States Post Office registered mail, return receipt requested, national courier service; or personal delivery. The notice shall show the exact location of the proposed test and the approximate depth of the formation to be tested. The applicant shall provide the Mining Board with a copy of the notice attached to the application for permit, with the evidence of delivery to the owner of the workable coal or a sworn statement that the applicant has the evidence of delivery in the applicant's possession, giving the names and addresses of the owners of the coal rights and date of delivery of the notice.

1. Notice to Owner of the Workable Coal

No permit shall be issued to the applicant until 10 days after receipt of the registered notice by the owner of the workable coal.

2. Maps Available at Well Site

During the drilling of a well, the permittee shall keep at the well site for use of the Mining Board and its representatives an exact copy of the maps and sketches that accompanied the permit application.

History

• Source: Amended at 48 Ill. Reg. 5734, effective March 27, 2024

62 Ill. Adm. Code 240.1310 Workable Coal Beds Defined

All coal beds or seams thirty (30) inches or more in thickness less than one thousand (1000) feet below the surface shall be determined as workable. When any well drilled for oil or gas, or to be used in connection therewith, penetrates such coal seams or ceases to be used for the purpose drilled, such coal seams shall be protected as herein provided.

History

• Source: Recodified from Section 240.810 at 15 Ill. Reg. 8566

62 Ill. Adm. Code 240.1320 Mining Board May Determine Presence of Coal Seams

The Mining Board shall have authority to determine when workable coal beds or seams are present, by geological data obtained from the State Geological Survey, or other relevant information which would indicate the presence of workable coal beds or seams underlying the well site. When the presence of any coal strata or seam is disputed by the owner or manager of a well, and such condition is contrary to the geological information possessed by the Mining Board, such contention of the owner or manager shall be supported by an affidavit on a form prescribed and furnished by the Mining Board, which affidavit shall be executed by a geologist or other person qualified and competent to determine the presence of such disputed coal strata or seam. When such affidavit has been filed with the Mining Board, it shall have authority to determine the issue, after obtaining all further geological information possible, or if the Mining Board deems expedient, it may on its own motion, call a hearing to be held as herein provided to determine such facts.

History

• Source: Recodified from Section 240.820 at 15 Ill. Reg. 8566

62 Ill. Adm. Code 240.1330 Well Locations Prohibited

No well for oil or gas shall be drilled within two hundred fifty (250) feet from any opening of an active coal mine used as a means of ingress or egress for the persons employed in such mine, or which is used as an air shaft, except by mutual agreement between the person owning or operating the mine and oil or gas operator.

History

• Source: Recodified from Section 240.830 at 15 Ill. Reg. 8566

62 Ill. Adm. Code 240.1340 Notice to Mining Board

At least twenty-four (24) hours prior to reaching the depth of mine workings or the undeveloped limits of the mine, the person in charge of drilling operations shall notify the Mining Board or Mining Board Representative and the mine representative of the time when such well shall reach such point, in order that the Mining Board may have a Mining Board Representative present on the well site at such time.

History

• Source: Recodified from Section 240.840 at 15 Ill. Reg. 8566

62 Ill. Adm. Code 240.1350 Casing and Protective Work

a) Whenever the rules require a mine string to be set in a mine area, the casing used inside the mine string shall be new.

b) Any protective work required in a mine area shall be under the supervision of the Mining Board.

History

• Source: Recodified from Section 240.850 at 15 Ill. Reg. 8566

62 Ill. Adm. Code 240.1360 Operational Requirements Over Active Mine

a) Mining Board to Determine Safety Factors

1. No well shall be drilled into any coal mine or mine workings in any active mine until the Mining Board representative is present and determines that the mine or mine workings are safe.

2. Until the Mining Board representative is satisfied that adequate protection has been provided so that no hazard exists, drilling operation shall be suspended. After any protective or corrective work, required by the Mining Board representative, has been satisfactorily completed by the well owner, manager or his or her representative, drilling operations may be ordered resumed; but if, in the opinion of the Mining Board representative it is impossible to adequately protect the mine or mine workings, he or she shall order the permit revoked and the well plugged in the manner provided in this Section.

b) Drilling Methods and Procedure

1. Notice

The permittee is required to notify the mine owner at least 24 hours prior to drilling to the depth of the mine.

2. General

All wells drilled through an active coal mine or through an abandoned portion of an active mine shall:

A) be located, if possible, in order to pass through an adequate pillar;

B) first have at least 100 feet of conductor pipe set and cemented with a blowout preventer attached prior to drilling to the depth of the mine. After the conductor pipe has been set and the blowout preventer has been installed, all further drilling shall be completed through the blowout preventer; and

C) during drilling operations, be continuously monitored by a methane gas detector that is properly calibrated and in proper working order to ensure the methane concentration in the work area remains less than 3%. If the methane concentration in the work area reaches 3%, drilling operations shall cease immediately and shall not resume until corrective actions have been taken and the methane concentration in the work area has been reduced to less than 3%.

3. Mine Protective String

A) Whether drilled through a pillar or not, a mine string or casing of good quality shall be set to protect the mine. The mine string shall be treated with a heavy impervious coating of asphalt, plastic, or other acid-resisting material from 50 feet above the mine roof to a point 50 feet below the mine floor or base of coal seam.

B) The outside diameter of the mine string shall be at least 4 inches smaller than the diameter of the well bore and equipped with centralizers or similar mechanical device above and below the coal seam. The mine string shall be set at an approximate depth of 50 feet below the base of the coal seam and cemented from the casing seat to the surface.

C) If the mine string misses a pillar and is set through an open room of an active mine or the abandoned portion of an active mine, an umbrella, basket, or packer must be used on the mine string to set above the mine roof and the mine string shall be cemented from the casing seat to the mine floor and also cemented from the umbrella, basket, or packer set above the mine roof to the surface.

4. Cementing Oil String

A) The outside diameter of the oil string shall be at least 3 inches smaller than the inside diameter of the mine string when set through a pillar, and the outside diameter of the oil string shall be at least 4 inches smaller than the mine string when set through an open room and equipped with centralizers, or similar mechanical devices, immediately above and below the coal seam. The centralizers shall be so spaced as to be within the mine string of casing.

B) The oil string shall be surrounded with cement from the casing shoe to the surface, or the oil string may be cemented using multiple-stage cementing tools, as provided in subsection (b)(4)(C) and (D).

C) When the multiple-stage cementing method is used at least 100 sacks of cement shall be placed around the casing shoe and the multiple-stage cementing tool placed 100 feet below the floor of the mine and cemented from that point to the surface.

D) In areas where thief zones or high permeability horizons occur below the level of the mine, the Mining Board may require multiple-stage cementing tools to be used in the cementing of the oil string in order to assure protection for the mine.

5. Temperature Survey Required

When drilling through mined out areas that are not accessible, and, if, in the opinion of the Mining Board representative, it is necessary, a self-registering thermometer shall be lowered to the mined out level and, if the recorded temperature shows the possibility of fire at or near the position of the hole, the drilling permit shall be revoked and the hole plugged, as required in this Section.

c) Shooting Wells Over Active Mine or Worked Out Portions of Active Mines

1. Shot Less Than 50 Quarts

When any well is located over or penetrates an active mine or worked out portions of an active mine, before shooting the oil-bearing formation, the well owner or manager shall proceed as follows:

A) Notify the Mining Board or Mining Board representative at least 24 hours in advance of the time the shot is to be fired.

B) Notify the mining company at least 24 hours in advance of the time the shot is to be fired.

C) Tamp the shot with a minimum of 60 feet of tamp, at least the top 30 feet of which shall be of impervious material, being sure that the top of the tamp extends to a place in the hole opposite solid rock formation. Fill the hole to the top with fluid of consistent viscosity and specific gravity.

2. Shot of 50 Quarts or More

When the charge consists of 50 quarts or more of nitroglycerin:

A) Apply to the Mining Board for permission to shoot, indicating the size of charge to be used.

B) In the absence of written authority from the coal company of the specific shot, the Mining Board shall:

i) Immediately upon receipt of the application, notify the coal company, indicating the location of the well and the size of the charge to be used.

ii) If no objection is filed by the coal company within 24 hours, the Mining Board shall give permission to fire the shot.

iii) If the coal company objects, the Mining Board shall, within 24 hours after receipt of the objection, set the matter for hearing and determination in the county where the well is located.

d) Extend the tamp with impervious material 10 feet beyond the minimum tamp of 60 feet for each additional 10 quarts of charge used, being sure that the top of the tamp extends to a place in the solid rock formation. Fill the hole to the top with fluid of consistent viscosity and specific gravity.

History

• Source: Amended at 35 Ill. Reg. 13281, effective July 26, 2011

62 Ill. Adm. Code 240.1370 Inspection of Vehicles (recodified)

History

• Source: Recodified to Section 240.970 at 15 Ill. Reg. 8566

62 Ill. Adm. Code 240.1380 Transfer of Permits (recodified)

History

• Source: Recodified to Section 240.980 at 15 Ill. Reg. 8566

62 Ill. Adm. Code 240.1385 Revocation of Oil Field Brine Hauling Permit (recodified)

History

• Source: Recodified to Section 240.985 at 15 Ill. Reg. 8566

62 Ill. Adm. Code 240.1390 Records and Reporting Requirements (recodified)

History

• Source: Recodified to Section 240.990 at 15 Ill. Reg. 8566

62 Ill. Adm. Code 240.1395 Bonds--Blanket Surety Bond (recodified)

History

• Source: Recodified to Section 240.995 at 15 Ill. Reg. 8566

62 Ill. Adm. Code 240.1400 Definitions

As used in this Subpart:

"Current Permittee" means the individual or entity required to hold the permit or to whom the permit has been issued and who is the owner of the right to drill and/or produce the well or wells, possesses the full rights and responsibilities for operating the wells in accordance with all requirements of the Act and has the current obligation to plug the wells, who is the assignor, transferor (whether voluntary or involuntary), or seller of the wells.

"New Permittee" means the individual or entity acquiring the well or wells and the right to drill and/or produce said wells, the full rights and responsibilities for operating the wells in accordance with the Act, and the current obligation to plug said wells, and who, as owner in accordance with the Act, is required to hold the permit.

"Operator" means the individual or entity controlling the right to drill and/or produce the wells, has the full rights and responsibilities for operating the wells, along with the obligation to ultimately plug the wells under an operating agreement with the owners in interest.

"Ownership Certification Statement" means a statement that the new permittee owns the right to operate wells on the lands and formations required for the purposed transfer, as set forth in Subpart D, pursuant to valid and existing documents or memoranda of public record.

"PRF Well" means a well designated as abandoned in accordance with Subpart P and that has been placed in the Plugging and Restoration Program established under Section 19.6 of the Act.

History

• Source: Amended at 42 Ill. Reg. 5811, effective March 14, 2018

62 Ill. Adm. Code 240.1405 Transfer of Management (repealed)

History

• Source: Repealed at 16 Ill. Reg. 2576, effective February 3, 1992

62 Ill. Adm. Code 240.1410 Applicability

a) The provisions of this Subpart apply to all assignments, transfers (whether voluntary or involuntary) and sales of the interest of the individual or entity required to hold and to whom the permit is issued (permittee), including:

1. a change of ownership of the right to drill and/or produce said wells, along with the full rights and responsibilities for operating the wells in accordance with the Act and the obligation to ultimately plug said wells through assignment, voluntary release, corporate or other business takeover, buyout, merger or similar transaction, involuntary termination of lease rights by court order, new base lease, sale, gift, devise or other transfer; or

2. a change in the designation of the operator or manager under an operating or other similar agreement in which the owner of the right to drill and/or produce said wells, along with the full rights and responsibilities for operating the wells in accordance with the Act and the obligation to ultimately plug said wells assigns that right; or

3. pursuant to the action of the owners of separate interests who designate an owner to be permittee; or

4. the appointment, by a court of competent jurisdiction, of a trustee or a receiver to exercise custody and control over the well or wells, including the right to drill and/or produce said wells along with the full right and responsibilities for operating the wells.

b) The provisions of this Subpart shall not apply to the assignment, transfer or sale of royalty, overriding royalty or fractional working interests not affecting the rights or responsibilities of the permittee.

c) The provisions of this Subpart shall also apply to transfers of PRF wells to a person or entity requesting to be permittee in accordance with the Act and to administrative record correction transfers initiated by the Department in which the Department transfers the permit or well to the person who is required to be the permittee for that well under the Act.

History

• Source: Amended at 22 Ill. Reg. 22314, effective December 14, 1998

62 Ill. Adm. Code 240.1420 Notification of Transfer

a) The current permittee shall provide notification to the Department and new permittee, on a form prescribed by the Department, of the assignment, transfer or sale of any permitted well or any well required to be permitted under the Act within 30 days after the effective date of the assignment, transfer or sale.

b) The wells listed in the notification of transfer request will be placed on the new permittee's well list after Departmental review and confirmation. The new permittee shall not operate wells covered by the notification of transfer until all conditions in Section 240.1440 are met and the transfer request is approved by the Department.

History

• Source: Amended at 42 Ill. Reg. 5811, effective March 14, 2018

62 Ill. Adm. Code 240.1425 Authority of Person Signing Notification of Transfer

a) The notification to transfer a permitted well or a well required to be permitted under the Act shall provide information to indicate whether the owner of the right to drill and to operate the well is an individual, partnership, corporation or other entity, and shall contain the address and signature of the owner or person authorized to sign for the owner unless such information is currently on file with the Department.

b) If the owner is an individual, the notification shall be signed by the individual. If the owner is a partnership, the notification shall be signed by a general partner. If the owner is a corporation, the notification shall be signed by an officer of the corporation.

c) In lieu of the signature of the owner or an authorized person, the notification may be signed by a person having a power of attorney to sign for the owner or authorized person, provided a certified copy of the power of attorney is on file with the Department or accompanies the notification.

History

• Source: Amended at 42 Ill. Reg. 5811, effective March 14, 2018

62 Ill. Adm. Code 240.1430 Responsibilities of Current Permittee

a) The current permittee shall notify the Department and the new permittee of the assignment, transfer or sale on a form prescribed by the Department. A separate form shall be completed for each lease, well or other unit assigned, transferred or sold. The notification shall be signed, under penalty of perjury, by the current permittee or the permittee's authorized representatives.

b) The Department may request copies of the lease assignment, voluntary release, court order involuntarily terminating a lease, or other documents evidencing the assignment, transfer or sale to the new permittee of the right to drill and operate the well or wells on the lands in question, if necessary for clarification of the right to operate.

History

• Source: Amended at 42 Ill. Reg. 5811, effective March 14, 2018

62 Ill. Adm. Code 240.1440 Responsibilities of New Permittee

Prior to the Department giving effect to the transfer, the new permittee shall:

a) Confirm with the Department and the current permittee the acceptance of the transfer or sale on a form prescribed by the Department. The form shall include an Ownership Certification Statement as defined in Section 240.1400. A form shall be completed for each lease, well or unit assigned, transferred or sold. The notification of acceptance shall be signed, under penalty of perjury, by the new permittee or the permittee's authorized representatives.

b) pay the required non-refundable transfer fee as follows: A fee of $75 per well for the first 100 wells and a fee of $50 per well for any wells in excess of 100 wells shall be paid by the new owner for each transfer of well ownership (Section 14 of the Act);

c) provide the required bond, if applicable, in accordance with Subpart O;

d) if a corporation, provide evidence that the corporation is incorporated or authorized to do business in the State of Illinois, and authorized under its charter to engage in the permitted activity;

e) if an individual, partnership or other unincorporated entity that is not a resident of Illinois, provide an irrevocable consent to be sued in Illinois;

f) if issued, submit an FEIN number;

g) if the transfer request is for a PRF well, the new permittee shall comply with Section 240.1465.

History

• Source: Amended at 46 Ill. Reg. 20013, effective January 1, 2023

62 Ill. Adm. Code 240.1450 Authority of Person Signing Notification of Acceptance

a) The notification of acceptance shall be signed by the new permittee or by the new permittee's authorized representative.

b) If the new permittee is an individual, the notification of acceptance shall be signed by the individual. If the new permittee is a partnership, the notification of acceptance shall be signed by a general partner. If the new permittee is a corporation, the notification of acceptance shall be signed by an officer of the corporation.

c) In lieu of the signature of the new permittee or authorized individual, the notification of acceptance may be signed by a person having a power of attorney to sign for a permittee or authorized individual, provided a certified copy of the power of attorney is on file with the Department or accompanies the notification.

d) The new permittee may also submit a court order or other documents evidencing his or her ownership of the lease or unit to be transferred in the event that the current permittee cannot be located or refuses to sign the notification of transfer form.

e) The current permittee may submit documentation evidencing thetransfer of the ownership of the lease, unit or wells in the event the new permittee refuses to sign the notification of acceptance form.

History

• Source: Amended at 42 Ill. Reg. 5811, effective March 14, 2018

62 Ill. Adm. Code 240.1460 Conditions for and Effect of Issuance or Transfer of Permit to Operate

a) When the Department receives the current permittee's notice of transfer, the wells listed in the notice of transfer shall be transferred to the new permittee's well list and the new permittee shall be responsible for all Annual Well Fees, as prescribed by Subpart Q, and for compliance with all aspects of the Act and all rules and regulations promulgated pursuant to the Act associated with those wells. No permit to operate the transferred wells shall be issued to or transferred to a new permittee, and the new permittee shall not operate the transferred wells when:

1. the new permittee has falsified or otherwise misstated any information on or relative to the transfer application;

2. the new permittee has failed to abate a violation of the Act specified in a final administrative decision of the Department;

3. an officer, director, agent, power of attorney, or partner in the new permittee, or person with an interest in the new permittee exceeding 5%, was an officer, director, partner, or person with an interest exceeding 5% in another entity that failed to abate a violation of the Act specified in a final administrative decision of the Department;

4. the new permittee was or is an officer, director, agent, power of attorney, partner, or person with an interest exceeding 5% in another entity that has failed to abate a violation of the Act specified in a final administrative decision of the Department (Section 8a of the Act);

5. funds have been expended and remain outstanding from the Plugging and Restoration Fund to plug wells, under Subpart P, for which the new permittee was a previous permittee, or the new permittee was or is an officer, director, agent, power of attorney, partner, or person with an interest exceeding 5% in a permittee for which funds were expended; or an officer, director, agent, power of attorney, or partner in the new permittee, or person with an interest in the new permittee exceeding 5%, was or is an officer, director, agent, power of attorney, partner or person with an interest exceeding 5% in a permittee for which funds were expended; or

6. the new permittee is delinquent in the payment of Annual Well Fees; or the new permittee was or is an officer, director, agent, power of attorney, partner, or person with an interest exceeding 5%, in another permittee who is delinquent in payment of Annual Well Fees; or an officer, director, agent, power of attorney, or partner in the applicant, or person with an interest in the applicant exceeding 5%, was or is an officer, director, agent, power of attorney, partner or person with an interest exceeding 5% in a permittee who is delinquent in payment of Annual Well Fees.

b) The Department shall only transfer the permit to operate the transferred wells to the new permittee after the new permittee has abated any and all noncompliant conditions listed in subsection (a).

c) The entity or person to whom the permit is transferred or issued shall be called the permittee and shall be responsible for all regulatory requirements relative to the well.

d) When the requirements of this Subpart have been satisfied, and subject to subsections (e) and (f), the Department shall render permit transfer decisions based upon the manner in which the new permittee came into possession of the wells sought to be transferred. Specifically:

1. The new permittee requesting the transfer is the mineral owner. If the new permittee owns the mineral rights to the tract of land on which production or injection wells subject to a prior lease are located and came into possession of the right to operate the wells by virtue of a voluntary release or involuntary termination of lease rights by court order, this new permittee shall become responsible for all regulatory requirements relative to:

A) only those production wells identified in the transfer request;

B) all wells in existence within the prior lease if the new permittee seeks to operate any of the injection wells located within this leasehold, convert any production well to an injection well or drill a new injection well; and

C) all pits, concrete storage structures, tank batteries and other surface production facilities in existence within the lease boundaries.

2. The new permittee requesting the transfer is a new base lessee. If the new permittee came into possession of the right to operate wells by virtue of a new base lease, the new permittee shall provide documentation indicating the termination of the original lease and shall become responsible for all regulatory requirements relative to only the wells identified within the new base lease document, except that:

A) if the new base lease conveys the right to produce from all formations, and the new base lessee or its assignee permits or operates any injection well located within the tract of land being leased, converts any production well to an injection well or drills a new injection well within this area, the new base lessee or its assignee shall become responsible for all regulatory requirements relative to all wells that penetrate the injection well formation, concrete storage structures, pits and tank batteries in existence, all as may be located within ¼ mile of the injection well and within the lease boundaries. If the operation of the injection well directly causes any other wells, flowlines or other well site equipment located within the lease boundary to leak any fluids into fresh water or to the surface, the new base lessee or its assignee shall be responsible for all regulatory requirements relative to those wells, flowlines or other well site equipment. Nothing in this subsection (d)(2)(A) precludes this new base lessee or its assignee from voluntarily taking responsibility for all regulatory requirements relative to any additional wells, concrete storage structures, pits and tank batteries located greater than ¼ mile away from the injection well and within the lease boundaries; or

B) if the new base lease conveys the right to produce from specified formations only, and the new base lessee or its assignee permits or operates any injection well located within the formations specified in the new base lease, converts any production well to an injection well or drills a new injection well to the specified formations, the new base lessee or its assignee shall become responsible for all regulatory requirements relative to all wells that penetrate the injection well formation, concrete storage structures, pits and tank batteries in existence relative to the specified formations, all as may be located within ¼ mile of the injection well and within the lease boundaries. If the operation of the injection well directly causes any other wells, flowlines or other well site equipment located within the lease boundary and the specified formations to leak any fluids into fresh water or to the surface, the new base lessee or its assignee shall be responsible for all regulatory requirements relative to those wells, flowlines or other well site equipment. Nothing in this subsection (d)(2)(B) precludes this new base lessee or its assignee from voluntarily taking responsibility for all regulatory requirements relative to any additional wells, concrete storage structures, pits and tank batteries located greater than ¼ mile away from the injection well and within the lease boundaries.

3. A new permittee requesting the transfer is an assignee if the new permittee came into possession of the right to operate wells by virtue of a lease assignment or appointment, by a court of competent jurisdiction, as trustee or receiver, in accordance with Section 240.1410(a)(4). This new permittee shall become responsible for all regulatory requirements relative to all wells, concrete storage structures, pits and tank batteries in existence within the lease hold being assigned.

e) If any well, or any lease or other unit associated with the well, is in violation of the Act or this Part at the time of the transfer to the new permittee, the new permittee shall be notified of the violations and the amount of time allotted by the Department for abatement.

f) If the transfer is denied by the Department, the Department shall transfer the wells back to the current permittee's well list and the current permittee shall be responsible for all Annual Well Fees, as prescribed by Subpart Q, and for compliance with all aspects of the Act and all rules and regulations promulgated pursuant to the Act associated with those wells. Nothing in this subsection (f) shall affect the contractual rights and obligations of the Seller and Buyer.

g) The transfer of a permit pursuant to this Subpart shall not affect the rights of the Department or any obligation or duty of the current permittee arising under the Act and this Part. Any cause of action accruing or any action or proceeding had or commenced, whether administrative, civil or criminal, may be instituted or continued without regard to the transfer of the permit in accordance with this Subpart.

h) A current permittee or new permittee may request a hearing in accordance with Section 240.1490 to challenge the Department's permit transfer decision.

History

• Source: Amended at 42 Ill. Reg. 5811, effective March 14, 2018

62 Ill. Adm. Code 240.1465 Condition for and Effect of Transfer of Prf Wells

a) Upon review and acceptance of the transfer documents and prior to approval of the transfer request, the new permittee shall be required to:

1. pay a salvage value for the downhole well equipment as follows (wells older than 30 years from the date drilled, as shown in Department files, shall be deemed to have $0 salvage value):

A) $50 per well for wells 750 feet or less in depth; and

B) $100 per well for wells greater than 750 feet but less than 2000 feet in depth; and

C) $250 per well for wells 2000 feet and greater in depth; and

2. pay a salvage value for the tanks, pumping units, and other related equipment, as determined by submission of 2 independent salvage value estimates from commercial salvage oil and gas production equipment dealers and approved by the Department; and

3. pay the fair market value per barrel, to be determined at the time of the transfer approval, for all oil fluids (hydrocarbons) stored on the lease or unit.

b) All payments shall be by cashier's checks, payable to the Department of Natural Resources, Plugging and Restoration Fund.

c) If a well requested to be transferred has been active within the 2 year period immediately preceding the transfer request or accompanying assignment and no court order has been entered terminating the lease, the Department may transfer the well without payment of the salvage values outlined in subsection (a).

d) The Department has sole discretion to approve or deny requests for transfer of PRF wells. If, upon review of a transfer request for PRF wells, the Department determines that property rights, environmental, or public safety and welfare concerns will be advanced through plugging of the PRF well, in accordance with Section 19.1 of the Act, the transfer request may be denied.

History

• Source: Amended at 42 Ill. Reg. 5811, effective March 14, 2018

62 Ill. Adm. Code 240.1470 Revocation of Permit to Operate

a) The Department may revoke a permit to operate if:

1. The transfer of the permit to operate was issued in error;

2. The new permittee fails to maintain permit conditions; or

3. The new permittee is not in compliance with Section 240.1460(a).

b) The Department shall notify the permittee of its intent to revoke a permit to operate effective 30 days from the date of notice unless a hearing is requested in accordance with Section 240.251(c).

History

• Source: Amended at 42 Ill. Reg. 5811, effective March 14, 2018

62 Ill. Adm. Code 240.1480 Involuntary Transfer

a) The Department may administratively transfer a permit to a person required to be the permittee under the Act when the Department determines, based on records or documents of title submitted to or collected by the Department that may indicate that the current permittee of the well or wells is not the owner of the well or wells as defined in the Act.

b) The new permittee shall pay the required transfer fee for transfers occurring under the provisions of this Section.

c) Transfers occurring under the provisions of this Section shall not be subject to the requirements of Section 240.250(b).

d) Prior to operating the transferred wells the permittee must provide a bond, if required, in accordance with Section 240.1500(a)(1) and (2).

e) Upon determination of an Involuntary Transfer, the Department shall notify the current and new permittees that the pending administrative transfer that will be effective 30 days from the date of notice unless a hearing is requested in accordance with Section 240.1490.

f) Following the completion of the administrative transfer, the person to whom the well or wells were transferred shall immediately become responsible for all regulatory requirements under the Act.

History

• Source: Amended at 42 Ill. Reg. 5811, effective March 14, 2018

62 Ill. Adm. Code 240.1485 Administrative Record Correction

a) The Department may administratively correct a permit to reflect the person or entity required to be the permittee under the Act, when the Department determines, based on Department records, that the transfer was not made by the Department due to an administrative oversight during a previous transfer.

b) A new permittee under this Section shall pay the required transfer fee for the record correction if the date of the original transfer.

c) Record corrections occurring under this Section shall not be subject to the requirements of Section 240.1500(a)(1) and (2).

d) Upon determination of an Administrative Record Correction, the Department shall notify the current and new permittees of the correction, which will be effective immediately. The new permittee shall have 30 days from the date of notice to request a hearing to contest the record correction in accordance with Section 240.1490.

History

• Source: Amended at 42 Ill. Reg. 5811, effective March 14, 2018

62 Ill. Adm. Code 240.1490 Transfer Hearings

a) A current or new permittee may request a hearing to challenge a permit transfer or denial decision if that hearing is requested in writing within 30 days after the date of the transfer or denial notice. All requests for hearing must be accompanied by documents evidencing basis for objection. If no hearing is requested in this time period, the permit transfer shall be a final administrative decision of the Department. If a hearing is requested by the current or new permittee:

1. A pre-hearing conference may be held within 30 days after the receipt of the request for hearing.

A) A pre-hearing conference shall be scheduled in order to:

i) Simplify the factual and legal issues presented by the hearing request;

ii) Receive stipulations and admissions of fact and of the contents and authenticity of documents;

iii) Exchange lists of witnesses the parties intend to have testify and copies of all documents the parties intend to introduce into evidence at the hearing;

iv) Set a hearing date; and

v) Discuss and resolve such other matters as may tend to expedite the disposition of the hearing request and to assure a just conclusion.

B) Pre-hearing conferences may be held by telephone conference if that procedure is acceptable to all parties.

2. All hearings under this Subpart N shall be conducted by an impartial hearing officer not employed by the Department and shall be held in the Department's offices located in Springfield, Illinois.

b) At the permit transfer hearing, the Department shall present evidence in support of its determination under subsection (a). Both the current and the new permittee may present evidence contesting the Department's determination under subsection (a). The hearing officer may administer oaths and affirmations, subpoena witnesses and written or printed materials, compel attendance of witnesses or production of those materials, compel discovery, and take evidence.

c) Within 30 days after the close of the record for the permit transfer hearing, the hearing officer shall issue recommended findings of fact, recommended conclusions of law, and recommendations as to the disposition of the case.

d) The person's or permittee's failure to request a hearing in accordance with subsection (c) shall constitute a waiver of all legal rights to contest the permit transfer decision. Within 30 days after the close of the hearing record or expiration of the time to request a hearing, the Department shall issue a final administrative decision, pursuant to Section 10 of the Act.

e) If, after a hearing, the Department finds that a transfer of wells from the current permittee to the new permittee was invalid, the Department shall transfer the wells back to the current permittee's well list and the current permittee shall be responsible for all Annual Well Fees, as prescribed in Subpart Q, and for compliance with all aspects of the Act and all rules and regulations promulgated pursuant to the Act associated with those wells.

f) The Director shall review the administrative record in conjunction with the hearing officer's recommended findings of fact, recommended conclusions of law, and recommendations as to the disposition of the case. The Director shall then issue the Department's final administrative decision affirming, vacating or modifying the hearing officer's decision.

History

• Source: Amended at 42 Ill. Reg. 5811, effective March 14, 2018

62 Ill. Adm. Code 240.1500 When Required, Amount and When Released

a) To Drill, Deepen, Convert or Operate an Oil or Gas Well

1. A bond, in the amount provided in this Section, shall be submitted, along with an application to drill, deepen, convert, operate or transfer a production or Class II well, if:

A) the applicant was not an owner on January 1, 2025 of the right to drill and produce the well or wells in the transfer request; or

B) the applicant was not a permittee of record on January 1, 2026; or

C) the applicant has had a bond forfeited or is the subject of an unappealed, unabated Department final administrative decision requiring wells to be plugged; or

D) the applicant was not assessed an annual well fee as of July 1 preceding the application date, unless applicant was a permittee of record of an unplugged well in the previous fiscal year and not the subject of an unappealed, unabated Department final administrative decision; or

E) the applicant has had funds expended and/or wells plugged on its behalf by the Department using funds from the PRF; or

F) the applicant is not an appointed trustee or receiver in accordance with Section 240.1410(a)(4).

2. When a bond is required to be filed with the Department to drill, deepen, convert or operate an oil or gas well or Class II well, the amount of the bond shall be:

A) $10,000 for one well;

B) $25,000 for up to 10 wells of a permittee;

C) $50,000 for up to 50 wells of a permittee;

D) $100,000 for up to 100 wells of a permittee; or

E) Any blanket bond covering over 100 wells shall be increased to include the bond amount, as listed above, for the total number of wells over 100 that will be covered by the blanket bond. [225 ILCS 725/6(2.5)]

3. Failure to provide the required bond will result in the issuance of a cessation of operations order in accordance with Section 240.185(b).

4. A bond submitted pursuant to Section 240.1500(a) shall be released when:

A) all wells covered by the bond are plugged and restored in accordance with Subpart K; or

B) all wells covered by the bond are transferred in accordance with Subpart N; or

C) the permittee has paid assessments to the Department in accordance with Section 19.7 for 5 consecutive years and the permittee is not in violation of the Act.

b) To Operate a Liquid Oilfield Waste Transportation System

The amount of bond required to be filed with the Department before a permit is issued authorizing a person to operate a liquid oilfield waste system shall be $10,000. [225 ILCS 725/8c] When requested by permittee, bond shall be released when the permittee ceases operation and this system and the permittee's system is not in violation of the Act.

c) To Drill a Test Hole

The amount of bond required to be filed with the Department before a permit is issued to drill a geological structure, coal or other mineral test hole, or a monitoring well in connection with any activity regulated by the Department shall be $2,500 for each permit or a blanket bond of $25,000 for all permits. [225 ILCS 725/2] The bond requirements of this Subpart shall not apply to a hole or well drilled on acreage permitted and bonded under the Surface-Mined Land Conservation and Reclamation Act [225 ILCS 715] or the Surface Coal Mining Land Conservation and Reclamation Act [225 ILCS 720]. When requested by permittee, bonds shall be released when the hole or holes are plugged and restored in accordance with Section 240.1260 and the permittee is not in violation of the Act.

History

• Source: Amended at 50 Ill. Reg. 7226, effective April 29, 2026

Chapter I Department of Natural Resources

Part 240 The Illinois Oil and Gas Act

62 Ill. Adm. Code 240.1510 Definitions

a) Bond means surety bond or other security in lieu thereof.

b) 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 guarantee of a corporation authorized to transact business as a surety in Illinois. Surety bond does not include surplus line insurance procured by a surplus line producer.

c) Other security means an indemnity agreement in a sum certain executed by the permittee as principal which is supported by the deposit with the Department of one or more of the following:

1. An irrevocable letter of credit of any bank organized or authorized to transact business in Illinois, payable only to the Department upon presentation;

2. Certificates of deposit, drawn on a federally insured bank, made payable or assigned to the Department and placed in its possession.

History

• Source: Amended at 22 Ill. Reg. 22314, effective December 14, 1998

62 Ill. Adm. Code 240.1520 Bond Requirements

a) Form

Bonds shall be in such form and content as the Department prescribes, payable to the "Illinois Department of Natural Resources."

b) Conditions Generally

1. Each bond shall conform with the requirements of the Act and this Part and with the declared purpose for which the bond is required.

2. Bonds shall remain in effect until the obligations for which it is given have been satisfied and the bond has been released by the Department, pursuant to the Act and this Subpart.

c) Surety Bond Requirements

1. Bonds shall be signed by the permittee as principal, and by a good and sufficient corporate surety, authorized to transact business as a surety in Illinois.

2. Each surety bond shall provide that the bond shall not be cancelled by the surety except after not less than 90 days notice to the Department. Such notice shall be served upon the Department in writing by registered or certified mail to the Department's Springfield offices.

3. Prior to the expiration of the 90 days notice of cancellation, the permittee shall deliver to the Department a replacement bond. If such bond is not delivered, all activities covered by the permit and bond shall cease at the expiration of the 90 day period.

4. If the license to transact business in Illinois of any surety upon a bond filed with the Department shall be suspended or revoked, the permittee, within 30 days after receiving notice thereof from the Department, shall make substitution by providing a surety bond or other security as required by this Subpart. Upon the failure of the permittee to make the substitution of bond, all activities covered by the permit and bond shall cease until substitution has been made.

d) Other Securities Requirements

1. Letters of credit shall be subject to the following conditions:

A) The letter may only be issued by a bank organized or authorized to do business in the United States ("issuing bank"). If the issuing bank does not have an office for collection in Illinois, there shall be a confirming bank designated that is authorized to accept, negotiate and pay the letter upon presentment in Illinois.

B) Letters of credit shall be irrevocable during their terms. A letter of credit shall be forfeited and shall be collected by the Department if not replaced by other suitable bond or letter of credit at least 30 days before its expiration date.

C) The letter of credit shall be payable to the Department upon demand, in part or in full, upon receipt from the Department of a notice of forfeiture issued in accordance with Section 240.1530.

D) The Department shall not accept a letter of credit in excess of 10% of the issuing bank's total capital and surplus accounts, as certified by the President of the bank providing the letter of credit and as evidenced by the most recent quarterly Call Report provided to the Federal Deposit Insurance Corporation.

E) The letter of credit shall provide on its face that the Department, its lawful assigns, or the attorneys for the Department or its assigns, may sue, waive notice and process, appear on behalf of, and confess judgment against the issuing bank (and any confirming bank) in the event that the letter of credit is dishonored. The letter of credit shall be deemed to be made in Sangamon County, Illinois, for the purpose of enforcement and any actions thereon shall be enforceable in the Courts of Illinois, and shall be construed under Illinois law.

2. Certificates of deposit shall be subject to the following conditions:

A) The Department shall require that certificates of deposit be made payable to or assigned to the Department both in writing and upon the records of the bank issuing the certificates. If assigned, the Department shall require the banks issuing these certificates to waive all rights of setoff or liens against those certificates.

B) The Department shall not accept an individual certificate of deposit in an amount in excess of the maximum insurable amount as determined by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation.

C) Any interest accruing on a certificate of deposit shall be for the benefit of the permittee except that accrued interest shall first be applied to any prepayment penalty when a certificate of deposit is forfeited by the Department.

D) The certificate of deposit, if a negotiable instrument, shall be placed in the Department's possession. If the certificate of deposit is not a negotiable instrument, a withdrawal receipt, endorsed by the permittee, shall be placed in the Department's possession.

History

• Source: Amended at 22 Ill. Reg. 22314, effective December 14, 1998

62 Ill. Adm. Code 240.1530 Forfeiture of Bonds

a) A permittee's failure to comply with the Department's order to plug, replug or repair a well, or to restore a well site, within thirty (30) days of the issuance of such order constitutes grounds for bond forfeiture, pursuant to Sections 6 and 19.1 of the Act [225 ILCS 725/6 and 19.1].

b) The Department shall send written notification by certified mail, return receipt requested, to the permittee and the surety on the bond, if any, informing them of the determination to forfeit the bond pursuant to subsection (a) above.

c) The Department may allow a surety to undertake necessary plugging, replugging, repair or site restoration work if the surety can demonstrate an ability to complete such work in accordance with the requirements of the Act. No surety liability shall be released until the successful completion of all plugging, replugging, repair or site restoration ordered by the Department.

d) In the event forfeiture of the bond is warranted by subsection (a), the Department shall afford the permittee the right to a hearing, if such hearing is requested in writing by the permittee within fifteen (15) days after the bond forfeiture notification is mailed in accordance with subsection (b). If the permittee does not request a hearing within the fifteen (15) day period, the Department shall issue a final administrative decision ordering forfeiture. If a hearing is requested by the permittee, the hearing shall be scheduled within fifteen (15) days of the receipt of the request for hearing, and shall be conducted by an impartial hearing officer not employed by the Department.

e) At the bond forfeiture hearing, the Department shall present evidence in support of its determination under subsection (a). The permittee shall present evidence contesting the Department's determination under subsection (a). The hearing officer may administer oaths and affirmations, subpoena witnesses and written or printed materials, compel attendance of witnesses or production of those materials, compel discovery, and take evidence.

f) Within thirty (30) days after the close of the record for the bond forfeiture hearing, the hearing officer shall issue recommended findings of fact, recommended conclusions of law and recommendations as to the disposition of the case.

g) The Director shall review the administrative record in a contested case, in conjunction with the hearing officer's recommended findings of fact, recommended conclusions of law and recommendations as to the disposition of the case. The Director shall then issue the Department's final administrative decision affirming, vacating or modifying the hearing officer's decision.

History

• Source: Amended at 19 Ill. Reg. 10981, effective July 14, 1995

62 Ill. Adm. Code 240.1600 Definitions

The following definitions are applicable to this Subpart:

"Abandoned Well" means:

A well:

for which the underlying lease has been released in writing by the lessee or has been declared forfeited or invalid by a court order, the order is final and the appeal period has lapsed; and

the lessor states in writing that the lessor has not leased out the oil and gas working interest to any other person and does not intend to so lease, that the lessor does not intend to operate the well, and that the lessor desires that the well be plugged;

A well owned by a permittee who has made no payment by November 1 of a current annual well fee assessment;

A well for which a bond was forfeited in accordance with Section 6 of the Act;

A well that has not had commercial production in the last 2 years;

A well for which the permit has been revoked in accordance with Section 240.251; or

A well that has been plugged but not restored in accordance with Section 240.1170.

"Commercial Production" means oil and/or gas has been produced and sold from the well.

"Emergency Remediation Project" means an emergency crude oil production facility, crude oil or saltwater spill remediation, or remediation of conditions endangering public health or safety or contaminating surface waters or groundwater, or the surface of the land.

"Emergency Repair Work" means work to repair or contain leaks of produced fluids from production equipment, pits, or other containment structures that are contaminating surface waters or groundwaters or are flowing in sufficient quantity to create an increasing area of contamination on the surface of the land.

"Emergency Well Plugging" means the plugging and abandonment of a well or wells that are actively flowing oil or saltwater and are contaminating surface waters or groundwaters or flowing in sufficient quantity to create an increasing area of contamination on the surface of the land, or a well leaking natural gas or hydrogen sulfide gas in sufficient quantity to endanger public safety or create a fire hazard or a non-leaking well that poses an imminent danger to public safety.

"PRF" means the Department's Plugging and Restoration Fund, established under Section 6 of the Act. Monies from this fund shall be spent in accordance with 44 Ill. Adm. Code 610.

"Well Site Equipment" means the equipment, including but not limited to an associated tank battery and production facility equipment, hydrocarbons from the well that are stored in tanks located on the lease, and hydrocarbons recovered during the plugging operation, that may be sold at a public auction or a public or private sale. All well site equipment and hydrocarbons acquired by a person by sale shall be acquired under clear title, subject to any perfected prior legal or equitable claims. (Section 19.6 of theAct)

History

• Source: Amended at 35 Ill. Reg. 13281, effective July 26, 2011

62 Ill. Adm. Code 240.1610 Plugging Leaking or Abandoned Wells

a) If the Department finds, upon inspection, that a well drilled for the exploration, development, storage or production of oil or gas, or for injection, saltwater disposal, saltwater source, observation, and geological or structure test may be abandoned or leaking saltwater, oil, gas or other deleterious substances into any freshwater formation or onto the surface of the land, the Department may schedule a hearing pursuant to Section 19.1 of the Act to order the well plugged if abandoned or repaired or plugged if leaking.

b) Hearings

1. Notice of Hearing

Whenever the Department holds a hearing pursuant to Section 19.1 of the Act, the Department shall give written notice to the permittee personally or by certified mail sent to the permittee's last known address. The notice shall include the date, time, place and nature of the hearing and the name and address of the Hearing Officer. The notice shall be mailed at least 14 days prior to the scheduled hearing date.

2. Permittee Right to Counsel; Appearance

A) Right to Counsel

Any party may appear and be heard through an attorney authorized to practice in the State of Illinois.

B) Appearance of Attorney

An attorney appearing in a representative capacity in any proceeding under this Subpart shall file a written notice of appearance identifying his or her name, address and telephone number and identifying the party represented.

3. Burden and Standard of Proof

The Department shall have the burden of proof at the hearing. The standard for decision shall be a preponderance of the evidence.

4. Hearing Officer; Powers and Duties

A) The Hearing Officer designated to preside over a hearing shall take all necessary action to avoid delay, to maintain order, and to develop a clear and complete record, and shall have all powers necessary and appropriate to conduct a fair hearing, including the following:

i) To administer oaths and affirmations;

ii) To receive relevant evidence;

iii) To regulate the course of the hearing and the conduct of the parties and their counsel;

iv) To consider and rule upon procedural requests;

v) To hold conferences for the settlement or simplification of the issues; and

vi) To examine witnesses and direct witnesses to testify, limit the number of times any witness may testify, limit repetitive or cumulative testimony, and set reasonable limits on the amount of time each witness may testify.

B) The Hearing Officer shall allow all parties to present statements, testimony, evidence and argument that may be relevant to the proceeding.

5. Hearing Location

All hearings under this Subpart shall be conducted in the Department's offices located in Springfield, Illinois. However, the Department may conduct a hearing under this Subpart at a site located closer than Springfield, Illinois to the production and injection/disposal well identified in the Notice of Hearing if facilities are available and satisfactory to the Department.

6. Pre-Hearing Conferences

A) Upon the motion of either party, the Hearing Officer shall schedule a conference in order to:

i) Simplify the factual and legal issues presented by the hearing request;

ii) Receive stipulations and admissions of fact and of the contents and authenticity of documents;

iii) Exchange lists of all witnesses the parties intend to have testify and copies of all documents the parties intend to introduce into evidence at the hearing; and

iv) Discuss and resolve such other matters as may tend to expedite the disposition of the hearing request and to assure a just conclusion of the hearing.

B) Pre-hearing conferences may be held by telephone conference if that procedure is acceptable to all of the parties.

7. Postponement or Continuance of Hearing

A hearing may be postponed or continued for due cause by the Hearing Officer or upon the motion of a party to the hearing. A motion filed by a party to the hearing shall set forth facts attesting that the request for continuance is not for the purpose of delay. Except in the case of an emergency, motions requesting postponement or continuance shall be made in writing and shall be received by all parties to the hearing at least 3 business days prior to the scheduled hearing date. All parties involved in a hearing shall avoid undue delay caused by repetitive postponements or continuance so that the subject matter of the hearing may be resolved expeditiously.

8. Default

If a party, after proper service of notice, fails to appear at a pre-hearing conference or at a hearing, and if no continuance is granted, the Department may then proceed and make its decision in the absence of that party. If the failure to appear at the pre-hearing conference or hearing is due to emergency situation beyond the party's control, and the Department is notified of the situation on or before the scheduled pre-hearing conference or hearing date, the pre-hearing conference or hearing will be continued or postponed pursuant to subsection (b)(7). Emergency situations include sudden unavailability of counsel, sudden illness of a party or his or her representative, or similar situations beyond the parties' control.

9. Within 30 days after the close of the hearing record, the Hearing Officer shall issue proposed findings of fact, conclusions of law and recommendations as to the disposition of the case.

10. The Director shall review the administrative record in conjunction with the Hearing Officer's recommended findings of fact, recommended conclusions of law and recommendations as to the disposition of the case. The Director shall then issue the Department's final administrative decision affirming, vacating or modifying the Hearing Officer's decision.

c) Upon the issuance of a final administrative decision that finds that a well has been abandoned or is leaking saltwater, oil, gas or other deleterious substances into any freshwater formation or onto the surface of the land, the permittee shall, within 30 days, properly plug, replug or repair the well so as to remedy the situation.

d) If the permittee fails to remedy the situation within 30 days from the date of the order, the well shall be placed in the PRF Program. A well in the PRF Program shall not be operated unless the Department has approved a transfer of the well or unless the permittee has complied with Section 240.1650 or Section 240.1660.

e) The Department may authorize any person to enter upon the land and plug, replug, or repair the well and restore the well site. The Department may dispose of all well site equipment and hydrocarbons in accordance with Section 19.6 of the Act as follows: public sale, auction, private sale, or by assignment or quit claim deed to a third party to offset plugging costs.

f) Proceeds from any public sale, auction or private sale shall be deposited into the PRF in accordance with Section 6(19) of the Act or used to offset plugging costs.

g) The cost of all work completed under this Section shall be paid from the Annual Well Fee portion of the PRF.

History

• Source: Amended at 35 Ill. Reg. 13281, effective July 26, 2011

62 Ill. Adm. Code 240.1620 Plugging Orphaned Wells

a) If upon review of Department records a determination is made that no permittee can be located, no bond exists and no fees have been paid in accordance with Section 19.7 of the Act, the well shall be deemed an orphaned well and placed in the PRF Program.

b) The Department may elect to plug, replug or repair the well and/or restore the well site of any orphaned well. The Department may authorize any person to enter upon the land and plug, replug, and restore the well site. The Department may dispose of all well site equipment and hydrocarbons in accordance with Section 19.6 of the Illinois Oil and Gas Act as follows: public sale, auction, private sale, or by assignment or quit claim deed to a third party to offset plugging costs.

c) Proceeds from any public sale, auction or private sale shall be deposited into the Plugging and Restoration Fund in accordance with Section 6(19) of the Illinois Oil and Gas Act or used to offset plugging costs.

d) If the Department determines that any condition or practice exists which creates an imminent danger to the health or safety of the public, or an imminent danger of significant environmental harm or significant damage to property, the Department or its agent may immediately take any action necessary to temporarily correct the source of oil, salt water, gas or other deleterious substances intrusion into fresh water zones or onto the surface.

e) The cost of all work completed under this Section shall be paid from the bond forfeiture monies portion of the Plugging and Restoration Fund.

History

• Source: Amended at 22 Ill. Reg. 8845, effective April 28, 1998

62 Ill. Adm. Code 240.1625 Plugging Abandoned Wells Through Landowner Grant

a) The provisions of this Section apply to:

1. Wells determined to be abandoned in accordance with this Subpart P and placed into the Department Plugging and Restoration Program.

2. Abandoned wells and associated well and/or production sites may be eligible to be plugged and sites restored under the Landowner Grant Program upon application to the Department by the owner of the land surface on which a well(s) is located, provided that the land surface owner is not the current or a past permittee of the well(s).

b) All wells plugged and well sites restored under this Section shall be completed in accordance with Subpart K.

c) The number of wells plugged and expenditures made under this program are limited to the annual appropriation of funds to the Landowner Grant Program by the legislature.

d) Each land surface owner is limited to receiving a grant amount for a maximum of 5 wells per fiscal year, unless available funds allow the Department to award increased grant amounts.

e) The Department shall only accept and process grant applications after April 1 for the coming fiscal year. Applications received before April 1 for the coming fiscal year shall be returned to the applicant for submission after April 1. Applications shall be accepted and processed until the allocated funds in the grant program have been awarded, after which time all unawarded grant applications shall be returned to the applicant.

f) Approved applications shall be considered for funding each year in the order they were received after April 1. The exception will be if the Department determines a well is creating or has the potential to create environmental damage to surface waters or groundwater or poses an immediate danger to the health and safety of the public, the well may be given greater priority on the current year's plugging list.

g) Grant applications shall contain at a minimum:

1. The land surface owner's name, address and telephone number.

2. The location of the well(s), with verification from the Department well inspectors.

3. An estimated salvage value of the well and well site equipment.

4. The cost to plug the well and restore the well site.

5. A signed contract between the land surface owner and plugging contractor on a form provided by the Department.

6. A signed statement by the land surface owner that the applicant is the owner of the land surface, will be responsible for all costs of plugging the well and well site restoration in accordance with Department regulations, and indemnifies the Department from any liability relative to the plugging activity.

h) Application Review and Approval

1. In determining the approval of the application the Department shall review:

A) eligibility of the well to be plugged;

B) the reasonableness of the cost to plug the well;

C) the salvage value of the on-site equipment; and

D) the enforcement history of the proposed plugging contractor.

2. If the Department determines that the well is eligible for plugging, the application is properly completed, the plugging cost and estimated salvage value are reasonable in relation to industry standards, and the plugging contractor has no unabated notices of violation or a substantial enforcement history of environmental related violations, the Department shall notify the landowner of the grant award.

i) Grant Award

1. The grant amount shall be the amount requested less the salvage value specified in the grant application or established by the Department during the grant review process.

2. The land surface owner shall be notified of the grant award at which time the applicant shall have 10 working days to accept in writing by signing and returning the grant award document.

3. Upon completion of the well plugging and site restoration, approved by a well inspector, the Department shall forward the grant funds to the land surface owner. If the well plugging and site restoration is not approved, grant funds will not be awarded.

4. All well plugging and well site restoration activities shall be completed by June 30 of the fiscal year in which the grant was approved unless the grant funds are automatically re-appropriated for the next fiscal year.

History

• Source: Amended at 25 Ill. Reg. 9045, effective July 9, 2001

62 Ill. Adm. Code 240.1630 Emergency Well Plugging, Emergency Repair Work, Emergency Projects

a) If the Department determines that any condition or practice exists, or that any person or permittee is in violation of any requirement of the Act, this Part or any permit condition, and this practice, condition or violation creates an imminent danger to the health or safety of the public or an imminent danger of significant environmental harm or significant damage to property, the Department shall issue a cessation order pursuant to Section 240.186 of this Part to the last known permittee of record or the permittee responsible for the condition in accordance with Sections 240.870 and 240.875 of this Part. If the responsible party cannot be readily located or refuses to abate the violation after written notification or is no longer in existence, the Department is not required to issue a cessation order and may take any action deemed necessary to correct the condition.

b) Upon the expiration of time within which abatement was required under the cessation order, if issued, the Department may take any action, including well and facility repair, well plugging, well site restoration, facility remediation, or emergency remediation, deemed necessary to cause a cessation of the danger to the public health and safety or environmental harm and abatement of any condition.

c) The cost of all emergency well plugging, emergency repair work and emergency remediation projects completed under this Section shall be paid from the Annual Well Fee portion of the Plugging and Restoration Fund. Permittees or responsible parties for which funds were expended under this Section shall be required to reimburse the Plugging and Restoration Fund for all the expenditures.

History

• Source: Amended at 25 Ill. Reg. 9045, effective July 9, 2001

62 Ill. Adm. Code 240.1635 Emergency Well Plugging and Emergency Project Reimbursement

a) If the Department determines that any condition or practice exists, as specified in Section 240.1630 of this Part, endangers the waters of the U.S. as a result of a crude oil spill or indicates the potential for a crude oil spill in accordance with the Federal Oil Pollution Act of 1990 (OPA), the Department may seek reimbursement of monies expended from the Plugging and Restoration Fund from the Federal Oil Pollution Act (OPA) Fund in accordance with USEPA guidelines.

b) Reimbursement funds shall be deposited in the Plugging and Restoration Fund.

History

• Source: Amended at 22 Ill. Reg. 8845, effective April 28, 1998

62 Ill. Adm. Code 240.1640 Repayment of Funds

a) The permittee must reimburse PRF for all funds expended from the PRF, excepting OPA reimbursed monies, for repair, plugging, restoration or remediation work on the permittee's wells or sites, together with all interest accrued, as provided under Section 19.9 of the Act.

b) Prior to repayment of all expended funds, the permittee shall not operate any other existing wells.

c) If funds were expended to plug wells, the permittee shall be required to post a bond for all unplugged wells in the permittee's name in an amount in accordance with Section 240.1500(a)(2) for a period of 2 consecutive billing cycles, in accordance with Section 240.1500(a)(4)(C). The permittee shall not operate or permit any wells until the required bond has been posted with the Department.

d) If funds were expended to repair a well or production facility, restore a well site or perform remediation resulting from a leak or spill, the permittee shall have 90 days from the date of demand for reimbursement of the expended funds. If reimbursement is not received within 90 days, the permittee shall be required to post a bond for all unplugged wells in the permittee's name in an amount in accordance with Section 240.1500(a)(3) for a period of 2 consecutive billing cycles, in accordance with Section 240.1500(a)(5)(C). The permittee shall not operate or permit any wells until the required bond has been posted with the Department.

History

• Source: Amended at 35 Ill. Reg. 13281, effective July 26, 2011

62 Ill. Adm. Code 240.1650 Authorization for a Permittee to Operate Its Wells Placed Into the Plugging and Restoration Fund Program for Abandonment

a) A permittee shall not work on, operate or produce any of its wells or facilities that have been placed into the PRF Program without first obtaining temporary relief through the Department's final administrative decision placing the wells and facilities into the PRF Program.

b) A permittee's application to the Department for temporary relief from the Department's final administrative decision placing its wells or facilities in the PRF Program shall contain the following information on a lease by lease basis:

1. A list of all the wells and facilities in the PRF Program on the lease;

2. A plan of action for each well on the lease (e.g., production, injection, plug or temporarily abandon);

3. A plan to bring the wells and facilities on the lease into full compliance with the Act and this Part;

4. The date by which all work bringing the wells and facilities on the lease into full compliance will be completed;

5. Either a new base lease or a copy of a valid lease, along with lease ratifications by the current mineral owners signed within the last 180 days affirming the permittee's existing lease is valid. Lease ratifications shall include the mineral owner's name, address, signature, date, and the name and legal location of the lease;

6. Certification, under penalty of perjury, that the applicant has the right, pursuant to valid and subsisting oil and gas leases, documents or memoranda of public record, and/or any statute or regulation, to drill for and operate a well on the lands and formations required for the proposed well, as set forth in Subpart D;

7. Payment of a non-refundable administrative fee of $250 per well for each well the permittee is requesting to remove from the PRF Program, made payable to the Illinois Department of Natural Resources/Plugging and Restoration Fund; and

8. A request to authorize the permittee's access to the lease for the purpose of implementing the proposed plan of action so the wells and facilities can be brought into full compliance and, upon Department approval, removed from the PRF Program.

c) The Department shall approve or deny the application for temporary relief from the Department's final administrative decision placing the wells and facilities in the PRF Program. If the application is approved, the Department shall request that the Hearing Officer issue an Order granting temporary relief. If, however, upon review of the application for temporary relief, the Department determines that property rights or environmental or public safety and welfare will be adversely affected, the proposed plan of action does not meet the requirements of the Act or this Part, the time proposed by the permittee to complete the required work is deemed to be excessive, or the permittee owes the Department civil penalties, annual well fees or funds expended from the PRF Program, the application shall be denied.

d) All Hearing Officer Orders granting temporary relief to permittees to work on, operate and produce wells and facilities in the PRF Program shall subject permittees to the following terms and conditions:

1. All work required to bring the wells and facilities on the lease into full compliance with the Act and this Part shall be completed in accordance with the plan of action submitted by the permittee with the application for temporary relief and by the date specified in the Hearing Officer's Order.

2. All wells, facilities and hydrocarbons on the lease shall remain in the PRF Program until:

A) All wells and facilities on the lease have been inspected by the Department and are in compliance with the Act and this Part;

B) The Department has modified or vacated the final administrative decision that placed the wells and facilities into the PRF Program; and

C) The Department has removed the wells and facilities from the PRF Program.

3. No equipment or hydrocarbons may be removed or sold from the lease until the Department has removed the wells and facilities on the lease from the PRF Program.

e) The Hearing Officer may approve or deny any request or motion for an extension of time to complete the work required to bring the wells and facilities on the lease into compliance with the Act and this Part. When determining to approve or deny a request for an extension of time to complete the required work, the Hearing Officer will consider factors including, but not limited to, the permittee's diligence in completing the work since the issuance of the Order granting temporary relief, weather conditions, amount and type of work still remaining to be completed in accordance with the plan of action, amount and type of work completed, number of wells and facilities involved in the work, and conditions beyond the permittee's control.

f) Any work performed on the wells or facilities on the lease is solely at the permittee's own expense and risk. If all work required to bring the wells and facilities on the lease into compliance with the Act and this Part is not completed by the date specified in the Hearing Officer's Order, or the Hearing Officer's Order is revoked, the Order including authorization to access the lease shall terminate and the permittee is required to abandon the lease, leaving any equipment, improvements and hydrocarbons on the lease. Any equipment, improvements and hydrocarbons shall be placed into the PRF Program and disposed of by the Department in accordance with Section 240.1610(e).

g) If, after a hearing on the matter, the Hearing Officer determines that a permittee failed to comply with the terms and conditions of the Hearing Officer's Order granting temporary relief from the Department's final administrative decision or violated the requirements of the Act or this Part on the leasehold that is the subject of the Order, the Hearing Officer shall revoke the order granting temporary relief.

h) If the permittee completes all work required to bring the wells and facilities on the lease into compliance with the Act and this Part pursuant to the terms and conditions of the Hearing Officer's Order to work on, operate or produce wells and facilities in the PRF Program, the permittee shall notify the Department of the completion of the work. Upon notification, the Department shall, within 30 days, make an inspection of the wells and facilities on the lease to determine compliance with the Act and this Part. Upon an inspection indicating that the wells and facilities are in compliance with the Act and this Part, the Hearing Officer shall, within 30 days, modify or vacate the final administrative decision that placed the wells and facilities into the PRF Program and notify the permittee in writing that the wells and facilities have been removed from the PRF Program.

History

• Source: Amended at 42 Ill. Reg. 5811, effective March 14, 2018

62 Ill. Adm. Code 240.1660 Authorization for a Permittee to Operate Their Wells Placed Into the Plugging and Restoration Fund Program for Non-Payment of Annual Well Fees

a) A permittee shall not work on, operate or produce any of its wells or facilities that have been placed into the PRF Program because of delinquent payment of annual wells fees until the wells and facilities have been removed from the PRF Program by the Department.

b) The permittee shall pay to the Department all delinquent annual well fees and all associated civil penalties assessed as a result of the delinquent annual well fees and payment of a non-refundable administrative fee of $250 per well for each of the permittee's wells in the PRF Program, made payable to the Illinois Department of Natural Resources/Plugging and Restoration Fund, before the Department may remove any of the wells and facilities from the PRF Program.

c) Within 60 days after receipt by the Department of payment in full of all delinquent annual well fees, associated civil penalties and non-refundable fees, the Department's Hearing Officer, on his or her own motion, shall modify or vacate the final administrative decision that placed the wells and facilities into the PRF Program and notify the permittee in writing that the wells and facilities have been removed from the PRF Program.

History

• Source: Added at 35 Ill. Reg. 13281, effective July 26, 2011

62 Ill. Adm. Code 240.1700 Fee Liability

a) The Department shall assess annual well fees during each fiscal year for all permits of record as of July 1, including wells reported to be transferred pursuant to Subpart N but not yet approved for transfer by the Department. The permittee for each well is responsible for paying the full assessed amount.

b) The permittee will be assessed annual well fees until:

1. the well or wells under permit to the permittee are plugged and restored;

2. the well or wells have been transferred to a new permittee pursuant to Subpart N. The effective date of transfer will be the date stated on the Department's Notification of Transfer Form;

3. the permittee notifies the Department in writing that a well for which the permittee has a valid permit has not been drilled and the permittee requests that the permit be cancelled; or

4. the permittee has been determined to be an uncollectable entity for a previous Annual Well Fee Assessment by the Illinois Attorney General’s Office or Department staff.

c) Liability for assessed annual well fees does not cease until full payment is received by the Department or until a Department-approved reduced payment is received by the Department.

d) If a permittee fee check is returned due to insufficient funds or because payment, was stopped, the permittee is required to repay fees for that fiscal year by cashier's check or money order.

History

• Source: Amended at 46 Ill. Reg. 20013, effective January 1, 2023

62 Ill. Adm. Code 240.1705 Amount of Assessment

Well fees shall be assessed for total permits issued to the permittee as of July 1 of each year as follows:

a) $100 per well for the first 100 wells attributed to each permittee;

b) $75 per well for any wells in excess of 100 wells attributed to each permittee.

History

• Source: Amended at 46 Ill. Reg. 20013, effective January 1, 2023

62 Ill. Adm. Code 240.1710 Annual Permittee Reporting

a) Permittees are required to submit, on a form prescribed by the Department, an annual verification of address and status. The address submitted under this Section will be used by the Department to provide notice of any hearings or other proceedings under the Act or this Part.

b) The form shall contain the permittee's:

1. current address;

2. verification of well ownership;

3. type of business entity and supporting documentation;

4. FEIN, or Social Security Number if an individual;

5. names and addresses of principals, officers or owners; and

6. current electronic mail address.

c) Forms shall accompany the Annual Well Fee payment as set forth in Subpart Q and shall be submitted by September 1 of each year.

d) Authority of Person Signing Forms

1. If the permittee is a sole proprietor, the form shall be signed by the individual. If the permittee is a partnership, the form shall be signed by a general partner. If the permittee is a corporation, the form shall be signed by an officer of the corporation.

2. In lieu of the signature of the permittee, the form may be signed by a person having a power of attorney to sign for the permittee, provided a certified copy of the power of attorney is on file with the Department or accompanies the form.

e) If a permittee did not submit an annual verification of address and status form during the most recent annual fee payment period, a reporting form is required at the time of all well permit and transfer requests.

f) Permittees shall submit to the Department any address changes within 30 days after the effective date of the change in address, on a form prescribed by the Department. Permittees shall ensure that any mail sent to the previous address, either physical or electronic, is forwarded to the new address between the effective date of the change of address and the Department's notification of the change.

History

• Source: Amended at 48 Ill. Reg. 5734, effective March 27, 2024

62 Ill. Adm. Code 240.1720 When Annual Well Fees Are Due

Annual well fees shall become due on September 1 of each year and shall be deemed delinquent if not paid by November 1 of each year. The Department may cease mailing the annual well fee bill to a permittee if those fees have been unpaid for 3 consecutive years. However, the permittee may not thereafter operate, permit or transfer wells within the State of Illinois without first paying all delinquent fees and associated civil penalties and submitting a bond in accordance with Subpart O.

History

• Source: Amended at 35 Ill. Reg. 13281, effective July 26, 2011

62 Ill. Adm. Code 240.1730 Opportunity to Contest Billing

a) Permittees may contest the amount of fees or the wells for which the permittee is listed as the permittee of record as of July 1 by submitting a written objection to the billing on or before October 30 of each year. The objection must be accompanied by the full assessed amount.

b) The objection must be in writing, signed by the permittee, or by an individual authorized to sign for the permittee, and must identify the nature of the objection. The written objection must include a statement of the facts supporting the objection and copies of any relevant assignments or other title documents.

History

• Source: Amended at 22 Ill. Reg. 22314, effective December 14, 1998

62 Ill. Adm. Code 240.1740 Delinquent Permittees

Fees not received by November 1 of each year shall be deemed delinquent and the wells covered by the fees shall be determined to be abandoned in accordance with Section 240.1600 and subject to plugging in accordance with Section 240.1610.

History

• Source: Amended at 19 Ill. Reg. 10981, effective July 14, 1995

62 Ill. Adm. Code 240.1800 Applicability

The provisions of this Subpart apply to the design, installation, testing, construction, extension, replacement, maintenance, groundwater protection requirements and operating requirements of Underground Gas Storage Fields; the drilling and conversions of gas storage and observation wells in an Underground Gas Storage Field, and permitting requirements in Underground Gas Storage Fields for oil and gas production and Class II wells covered by Subparts B and C and Test Wells covered by Subpart L. This Subpart shall apply to the downhole portion of an underground natural gas storage facility.

History

• Source: Amended at 43 Ill. Reg. 11524, effective September 24, 2019

62 Ill. Adm. Code 240.1805 Definitions

"Act", for the purposes of this Subpart, means the Illinois Underground Natural Gas Storage Safety Act [415 ILCS 160].

"Downhole" means the portion of an underground natural gas storage facility from the first flange attaching the wellhead to the pipeline equipment and continuing down the well casing to and including the storage reservoir. (Section 5 of the Act)

"Emergency Abatement Order" or "EAO" means an order issued by the Department under Subpart H.

"Fault" means a fracture surface or zone of fractures in Earth materials along which there has been vertical and/or horizontal displacement or movement of the strata on opposite sides relative to one another.

"Fluid" means any material or substance that flows or moves, whether semisolid, liquid, gas, or steam.

"Gas Storage Operator", "Operator" or "Owner" means any entity that owns or operates an underground gas storage field.

"Gas Storage Well" means a well drilled for input and/or withdrawal of natural gas or manufactured gas in a gas storage field.

"Natural Gas Incident" or "Incident" means an event that involves a release of stored natural gas from the downhole portion of an underground natural gas storage facility located in this State that:

results in the unintentional estimated gas loss of 3,000,000 cubic feet or more;

results in the unintentional estimated gas loss of 500,000 cubic feet or more that occurs within ⅛ mile of a dwelling used as a residence, place of business, or place of public assembly;

results in death;

causes personal injury necessitating in-patient hospitalization;

causes property damage in excess of $50,000; or

results in an emergency shutdown of an underground natural gas storage facility.

Activation of an emergency shutdown system for reasons other than an actual emergency does not constitute an incident.

"Observation Well" means a well drilled to monitor subsurface conditions in oil and gas projects or gas storage fields.

"Person" means an individual, firm, joint venture, partnership, corporation, company, limited liability company, firm, association, municipality, cooperative association, or joint stock association. "Person" includes a trustee, receiver, assignee, or personal representative of the person. (Section 5 of the Act).

"Produced Fluid" means liquids regardless of chloride and total dissolved solids content, that is produced in conjunction with oil or natural gas production or natural gas storage operations.

"Release" means the escape of natural gas from an underground natural gas storage facility, regardless of whether the escape is underground or to the atmosphere.

"Secretary of Transportation" means the U.S. Secretary of Transportation or his or her designee.

"Sole Source Aquifer" means an aquifer that:

is the sole or principal drinking water source for an area; and

if contaminated, would create a significant hazard to public health as defined in 42 USC 300h-3(e) and further defined in the Sole Source Aquifer Designation Decision Process, Petition Review Guidance (USEPA; 1987; this incorporation by reference includes no later editions or amendments).

"Stored Natural Gas" means natural gas that is:

transported by pipeline into an underground natural gas storage facility for the purpose of storage prior to transmission back to the pipeline; and

stored within the underground gas storage field.

"Underground Natural Gas Storage Facility" means a facility that stores natural gas in an underground natural gas storage field incident to natural gas transportation, including:

a depleted hydrocarbon reservoir;

an aquifer reservoir;

a solution-mined salt cavern reservoir; and

associated material and equipment used for injection, withdrawal, monitoring, or observation wells, and wellhead equipment, piping, rights-of-way, property, buildings, compressor units, separators, metering equipment, and regulator equipment.

An underground natural gas storage facility is subject to regulation by the Illinois Department of Natural Resources and has not been preempted by the United States Government pursuant to 49 USC 60104(c).

"Underground Gas Storage Field" means an area of land that is contained within the lowest closing structural contour for which gas can be stored in a subsurface stratum.

"Violation" means a failure to comply with any provision of the Act or any Department order or rule under the Act. (Section 35 of the Act)

History

• Source: Amended at 43 Ill. Reg. 11524, effective September 24, 2019

62 Ill. Adm. Code 240.1810 Submission of Underground Gas Storage Field Map

a) Each gas storage operator shall submit to the Department, by January 1, 2020, a map for every underground gas storage field in operation on October 15, 2019. For an underground gas storage field that was not in operation on October 15, 2019, the gas storage operator shall submit its map within 90 days following the start of operations.

b) All maps required to be filed with the Department pursuant to subsection (a) shall include:

1. The lowest closing contour at which gas can be stored;

2. The area of land currently under a valid lease or storage rights agreement, including the top and bottom depths of the lease;

3. Any protective boundaries established by a governmental agency; and

4. Any known faults located in the storage area.

c) All maps submitted to the Department shall be updated by the operator within 30 days after discovery by the operator that there has been a change to any item required by subsection (a).

d) Upon written request to the Department, the information listed in subsection (a) will be considered proprietary information and shall be held confidential.

History

• Source: Amended at 43 Ill. Reg. 11524, effective September 24, 2019

62 Ill. Adm. Code 240.1820 Permit Requests in a Underground Gas Storage Field

a) When the proposed location to drill, deepen, convert or amend an oil or gas production or Class II well, as defined in Subparts B and C, or a test hole, as defined in Subpart L, occurs within the limits of an underground gas storage field, or within any protective boundary shown on the gas storage operators map submitted to the Department, a permit shall not be issued until the applicant complies with subsection (a)(1) or (2):

1. The applicant enters into an agreement with the gas storage operator, outlining safety precautions and well drilling, completion, operating and plugging specifications. The agreement shall be signed by the applicant and the gas storage operator and shall be submitted with the permit application.

2. The applicant submits a copy of an agreement previously reached with the gas storage operator that governs the relationship between the applicant and the gas storage operator with respect to safety precautions and well drilling, completion, operating and plugging issues. The agreement must be in full effect and cover the proposed drilling location.

3. If an agreement cannot be reached after the applicant has exercised due diligence in negotiations, the applicant shall notify the gas storage operator of the proposed location and depth of the well by certified mail, return receipt requested. The certified mail receipt shall be attached to the permit application. If a written objection is not received by the Department within 15 days after the date of receipt, the permit shall be issued, subject to the fulfillment of all other requirements for the issuance of a permit under this Part, the Act, or the Illinois Oil and Gas Act. If a written objection to the application is filed with the Department within 15 days after receipt of the notice of application, the Department shall consider the objection in determining whether the permit should be issued. If the objection raises a question regarding public safety, resource ownership or sufficiency of application, the permit objection shall be set for a public hearing. A hearing shall be set only after all other requirements for issuance of the permit have been fulfilled.

b) Administrative Hearing

1. Any hearing held pursuant to this Section shall be a formal hearing conducted by the Department solely for the purpose of resolving the factual or legal question raised by the objection.

2. Notice of the hearing shall be sent by the Department to the applicant and to the objector by mailing the notice by U.S. Mail, postage prepaid, addressed to their last known home or business addresses.

3. A certified court reporter shall record the hearing at the Department's expense.

4. A Hearing Officer designated by the Department shall conduct the hearing. The Hearing Officer shall allow all parties at the hearing to present evidence in any form, including by oral testimony or documentary evidence, unless the Hearing Officer determines the evidence is irrelevant, immaterial, unduly repetitious, or of such a nature that reasonably prudent members of the public or people knowledgeable in the oil and gas field would not rely upon it in the conduct of their affairs.

5. The Hearing Officer shall have the power to continue the hearing or to leave the record open for a certain period of time in order to obtain or receive further relevant evidence.

6. Within 30 days after the closing of the record or the receipt of the transcript of the hearing, whichever comes later, the Department shall render a decision on the objection.

7. All hearings under this Section shall be conducted in the Department's offices located in Springfield, Illinois by a Hearing Officer designated by the Director and conducted in accordance with Article 10 of the Illinois Administrative Procedure Act [5 ILCS 100].

History

• Source: Amended at 43 Ill. Reg. 11524, effective September 24, 2019

62 Ill. Adm. Code 240.1830 Application for Permit to Drill or Convert Wells

a) No person shall drill or convert a well covered by this Subpart without a permit from the Department.

b) Application for a permit to drill or convert an observation or gas storage well shall be made on forms prescribed by the Department. The application shall be executed under penalties of perjury, and accompanied by the nonrefundable fee of $400 and the bond required under Subpart O.

History

• Source: Amended at 49 Ill. Reg. 565, effective December 30, 2024

62 Ill. Adm. Code 240.1835 Contents of Application for Permit to Drill or Convert to an Observation or Gas Storage Well

The application for a permit shall include:

a) the name of the well;

b) the surveyed well location, the GPS latitude and longitude location, and ground elevation of the well. All GPS locations shall be recorded as degrees and minutes with the minutes recorded to 6 decimal places in the North American Datum 1983 projection and shall be accurate to within 3 feet. The reported GPS location is required to be an actual GPS field measurement and not a calculated or conversion measurement. All well locations shall be surveyed by a registered Illinois Land Surveyor or an Illinois Registered Professional Engineer. A survey is not required for a converted or deepened well or a drilled out plugged hole if the original well location was surveyed;

c) a brief statement of the purpose of the well and a schematic showing the proposed construction of the well;

d) certification, under penalty of perjury, that the applicant has the right, pursuant to valid and subsisting oil and gas leases, documents or memoranda of public record and/or any statute or regulation, to drill for and operate a well on the lands and formations required for the proposed well, as set forth in Subpart D;

e) a statement as to whether the proposed well location is within the limits of any incorporated city, town, or village (and a certified copy of the official consent of the municipal authorities if the well is within the corporate limits);

f) the name and address of the drilling contractor and the type of drilling method to be used;

g) a statement whether the well is located over an active mine or temporarily abandoned mine, or within the undeveloped limits of a mine, and whether the coal rights are owned by someone other than the lessor under the oil and gas lease;

h) the proposed depth of the well and the name of the lowest geologic formation to be penetrated; and

i) an email address by which the gas storage operator may be served with a notice of probable violation of the Act. All such email addresses shall be updated by the gas storage operator or person authorized to sign for the gas storage operator within 3 days after any email address becoming inactive or unmonitored. Any application not containing an email address for the owner or gas storage operator will be denied by the Department.

History

• Source: Amended at 43 Ill. Reg. 11524, effective September 24, 2019

62 Ill. Adm. Code 240.1840 Authority of Person Signing Application

a) All applications for gas storage, observation and service wells shall identify whether the owner of the right to drill and to operate the well is an individual, partnership, corporation or other entity, and shall contain the address and signature of the owner or person authorized to sign for such owner.

b) If the applicant is an individual, the application shall be signed by the individual. If the applicant is a partnership, the application shall be signed by the general partner. If the applicant is a corporation, the application shall be signed by an officer of the corporation.

c) In lieu of the signature of the applicant or such authorized persons, the application may be signed by a person having a power of attorney to sign for such owner or authorized person, provided a certified copy of the power of attorney accompanies the application.

d) If the applicant is a corporation, the charter must authorize the corporation to engage in the permitted activity, and the corporation must be incorporated or authorized to do business in the State of Illinois.

History

• Source: Added at 18 Ill. Reg. 8061, effective May 13, 1994

62 Ill. Adm. Code 240.1850 Issuance of Permit

a) If the applicant satisfies the requirements of the Illinois Oil and Gas Act, the Act and this Part, the Department shall issue a permit.

b) A permit shall not be issued to an applicant if:

1. the applicant has falsified or otherwise misstated any information on or relative to the permit application;

2. the applicant has failed to abate a violation of the Illinois Oil and Gas Act or the Act as specified in a final administrative decision of the Department;

3. an officer, director, agent, power of attorney or partner in the applicant, or a person with an interest in the applicant exceeding 5%, was or is an officer, director, partner, agent, power of attorney or person with an interest exceeding 5% in another entity that failed to abate a violation of the Illinois Oil and Gas Act or the Act as specified in a final administrative decision of the Department;

4. the applicant was or is an officer, director, power of attorney, partner, or person with an interest exceeding 5% in another entity that has failed to abate a violation of the Illinois Oil and Gas Act or the Act as specified in a final administrative decision of the Department;

5. funds have been expended and remain outstanding from the Plugging and Restoration Fund (PRF) to plug wells (see Subpart P) for which the applicant was a previous permittee; or the applicant was or is an officer, director, agent, power of attorney, partner, or person with an interest exceeding 5% in a permittee for which funds were expended; or an officer, director, agent, power of attorney or partner in the applicant, or a person with an interest in the applicant exceeding 5%, was or is an officer, director, agent, power of attorney, partner or person with an interest exceeding 5% in a permittee for which funds were expended; or

6. the applicant is delinquent in the payment of Annual Well Fees; or the applicant was or is an officer director, agent, power of attorney, partner, or person with an interest exceeding 5% in another permittee who is delinquent in payment of Annual Well Fees; or an officer, director, agent, power of attorney or partner in the applicant, or person with an interest in the applicant exceeding 5%, was or is an officer, director, agent, power of attorney, partner or person with an interest exceeding 5% in a permittee who is delinquent in payment of Annual Well Fees.

c) Gas storage, observation and other service well permits shall expire 1 year from the date of issuance unless acted upon by the commencement of drilling or converting operations authorized by the permit.

d) Gas storage, observation and other service well permits are not transferable prior to the drilling of the well or test hole.

History

• Source: Amended at 43 Ill. Reg. 11524, effective September 24, 2019

62 Ill. Adm. Code 240.1851 Gas Storage and Observation Well Safety, Construction, and Operating Requirements

a) All underground natural gas storage facilities and gas storage operators shall comply with the safety standards adopted by the Secretary of Transportation under 49 USC 60141 and 49 CFR 192.12. These standards are in addition to and supplement any other standards in this Part.

b) The standards adopted under 49 USC 60141 and 49 CFR 192.12 shall apply to the design, installation, inspection, testing, construction, extension, operation, replacement, conversion, and maintenance of underground natural gas storage facilities. These standards are in addition to and supplement any other standards in this Part.

c) Wells shall, at a minimum, be constructed in accordance with Section 240.610(a).

d) All applicable facilities in a storage field and general storage field operation shall be conducted in accordance with Subpart H.

e) Wells shall be subject to the operating requirements of Section 240.630(a), (b) and (c) and the leaking well provisions of Section 240.1610. Production of hydrocarbon from a well permitted as an observation well is prohibited until a permit is obtained to convert the well to a production well under Section 240.210.

f) If there is a conflict between 49 USC 60141, 49 CFR 192.12 and any provision of this Part, the more stringent rule shall control.

History

• Source: Section 240.1851 renumbered from Section 240.1852 and amended at 43 Ill. Reg. 11524, effective September 24, 2019

62 Ill. Adm. Code 240.1852 Inspection and Maintenance Plan

a) In addition to Section 240.640, every gas storage operator shall file with the Department a plan for inspection and maintenance of the downhole portion of each underground natural gas storage facility owned or operated in whole or in part in the State of Illinois.

b) All plans must be submitted by December 1 annually for the succeeding year.

History

• Source: Former Section 240.1852 renumbered to Section 240.1851; new Section 240.1852 added at 43 Ill. Reg. 11524, effective September 24, 2019

62 Ill. Adm. Code 240.1853 Gas Storage and Observation Well Records and Reporting Requirements

a) A person who operates an underground natural gas storage facility shall:

1. after the date any applicable safety standard established under the Act takes effect, comply with the requirements of that standard at all times;

2. file and comply with the plan of inspection and maintenance required by Section 20;

3. keep records, make reports, provide information, and permit inspection of that person's books, records, and facilities as the Department reasonably requires to ensure compliance with the Act and this Subpart R; and

4. file with the Department, under this Section, reports of all accidents involving or related to the downhole portion of an underground natural gas storage facility. (Section 25 of the Act)

b) Records. All underground natural gas storage facilities and gas storage operators shall maintain, for the life of the underground natural gas storage facility:

1. the reports required by Section 240.640;

2. a report of all intentional or unintentional natural gas releases greater than 500,000 cubic feet. These records shall include, at a minimum:

A) the underground natural gas storage field where the release occurred;

B) the origin and extent of the release, including the name and location of the well;

C) the cause of the release; and

D) any corrective action taken by the gas storage operator to address the release or an explanation why corrective action was not taken; and

3. a quarterly loss estimate of gas migrating from a storage formation.

c) Reporting. All underground natural gas storage facilities and gas storage operators shall submit to the Department:

1. the reports required by Section 240.640;

2. within 24 hours after an incident is discovered by the operator, reports of all natural gas incidents involving or related to the downhole portion of an underground natural gas storage facility;

3. unless otherwise directed by this Part, a report of all natural gas releases greater than 500,000 cubic feet. This report is to be filed with the Department by the 10th of every month for the previous month. This report shall indicate:

A) the underground natural gas storage field where the release occurred;

B) the origin and extent of the release, including the name and location of the well;

C) the cause of the release; and

D) any corrective action taken by the gas storage operator to address the release or an explanation why corrective action was not taken; and

4. a quarterly report of the loss estimate of gas migrating from a storage formation for each underground natural gas storage facility.

d) Confidentiality. All reports required under this Section are subject to the confidentiality provisions of Section 240.650.

e) If not previously provided pursuant to Section 240.1835(m), all gas storage operators shall provide to the Department an email address by which the gas storage operator may be served with a notice of probable violation. All such email addresses shall be updated by the gas storage operator or person authorized to sign for the gas storage operator within 3 days after any email address becomes inactive or unmonitored.

History

• Source: Added at 43 Ill. Reg. 11524, effective September 24, 2019

62 Ill. Adm. Code 240.1854 Notice of Probable Violation, Complaints, Hearings and Civil Penalties

When an inspector or authorized employee or agent of the Department determines, after investigation, that any permittee, or any person engaged in conduct or activities required to be permitted under the Act, is in violation of any requirement of the Act, the Illinois Oil and Gas Act, or this Part, or any permit condition, or has falsified or otherwise misstated any information on or relative to the permit application, a notice of probable violation shall be completed and delivered to the Director.

a) A notice of probable violation shall include:

1. the date the notice of probable violation was issued and served;

2. a description of the violation or violations alleged, including a citation of the specific Section of the Department's rules or Section of the Act alleged to have been violated;

3. the date and location of the safety incident, if applicable, related to each alleged violation;

4. a detailed description of the circumstances that support the determination of each proposed violation;

5. a detailed description of the corrective action required with respect to each proposed violation;

6. the amount of the penalty, if any, recommended with respect to each proposed violation;

7. the applicable recommended deadline for payment of each proposed penalty and completion of each proposed corrective action;

8. notification that any such recommended deadline may be extended by mutual agreement of the parties for the purpose of facilitating settlement or compromise; and

9. a brief description of the procedures by which any recommended penalty or proposed corrective action may be challenged at the Department or approved pursuant to Section 30(f) of the Act. (Section 35 of the Act)

b) Unless otherwise specified in this Subpart, all notices of violations, Director's Decisions or hearing shall be created or conducted pursuant to Subpart A.

c) Failure of the owner to timely request a hearing within 30 days after notice or, if a civil penalty has been assessed, to timely tender the assessed civil penalty to the Department shall constitute a waiver of all legal rights to contest the notice of probable violation, including the amount of the civil penalty.

d) Any underground natural gas storage facility or gas storage operator that violates the Act or this Part regarding an underground natural gas storage facility is subject to a civil penalty not to exceed the maximum penalties established by 49 USC 60122(a)(1) for each day the violation persists.

e) Whenever the Department is required to serve upon a gas storage operator a notice of probable violation, the Department shall give that notice:

1. personally;

2. by first class U.S. Mail sent to the operator's last known address; or

3. by email sent to the email address filed with the Department (see Section 240.1835 or 240.1853).

f) Any notice of probable violation issued and served as described in this Section may also be posted on the Department's website as a public document.

g) All such notices of probable violation sent to the gas storage operator by email shall be deemed to be served on the gas storage operator once the notice is sent by the Department to the most recent email address that has been submitted to the Department.

History

• Source: Added at 43 Ill. Reg. 11524, effective September 24, 2019

62 Ill. Adm. Code 240.1855 Civil Complaint

a) The Department may elect to request the Attorney General to file an action with or without issuing a notice of probable violation pursuant to Section 240.1854.

b) In accordance with Section 11 of the Illinois Oil and Gas Act, the Department, through the Attorney General, shall bring an action in the name of the People of the State of Illinois in the circuit court of the county in which any part of the land or any activity that is the subject matter of the action is located, or a final administrative order was entered, to restrain that person from continuing the violation or from carrying out the threat of violation. In such action, the Department, in the name of the People of the State of Illinois, may obtain such injunctions, prohibitory and mandatory, including temporary restraining orders and preliminary injunctions, or other enforcement orders, as the facts may warrant, including but not limited to:

1. an assessment of civil penalties;

2. submission of a bond in accordance with Subpart O; or

3. denial of new drilling and/or operating permits.

c) This Section applies to the following:

1. violations of any requirement of the Act that the Department determines creates a substantial and imminent danger to the health or safety of the public;

2. violations of the Act that pose an imminent danger of substantial environmental harm or cause environmental damage to property or contamination of surface or ground waters of the State as a result of improper disposal, release or discharge of produced fluid or fluid; or

3. the permittee has shown a pattern of documented events involving improper disposal, release, or discharge of produced fluids or fluids within the previous 2 years from the date of the most recent event.

History

• Source: Former Section 240.1855 renumbered to Section 270.1862; new Section 240.1855 added at 43 Ill. Reg. 11524, effective September 24, 2019

62 Ill. Adm. Code 240.1856 Determination of Penalty

a) In determining the amount of the penalty, the Department shall consider the standards set forth in 49 USC 60122(b). (Section 30 of the Act) The Director shall determine whether to assess civil penalties based on the factors set forth in subsection (b).

b) In determining the amount of a civil penalty:

1. the Department shall consider:

A) the nature, circumstances and gravity of the violation, including adverse impact on the environment;

B) with respect to the violator, the degree of culpability, any history of prior violations, and any effect on ability to continue doing business; and

C) good faith in attempting to comply.

2. the Department may consider:

A) the economic benefit gained from the violation without any reduction because of subsequent damages; and

B) other matters that justice requires.

c) Penalty Range. All civil penalties issued under the Act shall not exceed the maximum penalties established by 49 USC 60122(a)(1) for each day of the violation.

d) All civil penalties assessed and paid to the Department shall be deposited in the Underground Resources Conservation Enforcement Fund.

e) Upon further investigation, the Department may enter into a compromise agreement.

1. A compromise agreement may be issued to:

A) extend the amount of time provided to complete remedial actions necessary to abate the violations set forth in the notice of probable violations;

B) reduce the civil penalty assessed in the notice of probable violation; or

C) allow new permits or the transfer of existing permits to be issued during the term of the settlement agreement.

2. An amended notice of probable violation shall be issued to:

A) extend the amount of time provided to complete remedial action necessary to abate the violation set forth in the notice of probable violation; or

B) reduce the civil penalty assessed in the notice of probable violation.

3. An amended notice of probable violation shall be issued to correct an administrative error contained in the notice of probable violation.

4. The permittee shall have no right to hearing associated with the issuance of an amended notice of probable violation, but shall have a right to hearing on the underlying violation that the amended notice of probable violation is seeking to enforce.

f) If the notice of probable violation includes the assessment of a civil penalty, and the person or permittee named in the notice of probable violation does not request a hearing in accordance with Section 240.1858 to contest the amount of the penalty, the amount assessed shall be paid to the Department in full within 30 days after service of the notice of probable violation.

g) All civil penalties or compromise agreements shall be submitted to the Director for approval, pursuant to Section 30 of the Act.

History

• Source: Added at 43 Ill. Reg. 11524, effective September 24, 2019

62 Ill. Adm. Code 240.1857 Director's Approval of Penalty or Agreed Compromise

Upon receipt of a notice of penalty or compromise, the Director shall conduct an investigation and may affirm, or enter into a hearing concerning, the propriety of the applicable notice of probable violation, payment or compromise.

a) The Director must consider:

1. the nature, circumstances and gravity of the violation, including adverse impact on the environment;

2. with respect to the violator, the degree of culpability, any history of prior violations, and any effect on ability to continue doing business; and

3. good faith in attempting to comply.

b) The Director may consider:

1. the economic benefit gained from the violation without any reduction because of subsequent damages; and

2. other matters that justice requires.

History

• Source: Added at 43 Ill. Reg. 11524, effective September 24, 2019

62 Ill. Adm. Code 240.1858 Enforcement Hearings

a) The person charged in the applicable notice of probable violation shall have 30 days from the date of service of the notice of probable violation to request a hearing. (Section 35 of the Act) A gas storage operator seeking to contest any notice of probable violation in which a civil penalty has been assessed shall submit the assessed amount to the Department, by cashier's check or money order, together with a timely request for hearing. The assessed amount shall be deposited by the Department pending the outcome of the hearing. The assessed amount shall be refunded to the gas storage operator at the conclusion of the hearing if the Department does not prevail. All requests for hearing shall be mailed or delivered to the Department's office located in Springfield, Illinois.

b) Upon receipt of a request for hearing submitted in accordance with subsection (a), the Department shall provide an opportunity for a formal hearing upon not less than 5 days written notice mailed to the permittee or person submitting the hearing request. The hearing shall be conducted by a Hearing Officer designated by the Director and shall be conducted in accordance with the following procedures:

1. Pre-Hearing Conference

A) A pre-hearing conference shall be scheduled within 30 days after the request for hearing:

i) to define the factual and legal issues to be litigated at the administrative hearing;

ii) to determine the timing and scope of discovery available to the parties;

iii) to set a date for the parties to exchange all documents they intend to introduce into evidence during the hearing, a list of all witnesses the parties intend to have testify, and a summary of the testimony of each witness;

iv) to schedule a date for the administrative hearing; and

v) to arrive at an equitable settlement of the hearing request, if possible.

B) Pre-hearing conferences under this Section may be conducted via telephone conference if that procedure is acceptable to all parties to the hearing. In the event that a telephone conference is not acceptable to all parties, the pre-hearing conference shall be conducted at the place designated by the Hearing Officer.

C) Either party may file motions for default judgment, motions for summary judgment, motions for protective orders, and motions for orders compelling discovery. The Department's Hearing Officer shall render an order granting or denying motions filed within 15 days after service. Any order granting a motion for default judgment or a motion for summary judgment shall constitute the Department's final administrative decision, subject to Section 10-50 of the Administrative Review Law [5 ILCS 100/Art. III].

2. If a settlement agreement is entered into at any stage of the hearing process, the person to whom the notice of probable violation was issued will be deemed to have waived all right to further review of the violation or civil penalty in question, except as otherwise expressly provided for in the settlement agreement. The settlement agreement shall contain a waiver clause to this effect. All settlement agreements shall be executed by the DNR Director and shall constitute the Department's final administrative decision as to matter being contested.

3. All hearings under this Section shall be conducted in accordance with Article 10 of the Illinois Administrative Procedure Act. All hearings under this Section shall be conducted in the Department's offices located in Springfield, Illinois. However, the Department may conduct a hearing under this Section at a site located closer than Springfield to the production and/or injection/disposal well identified in the Director's decision being contested if facilities are available, convenient and satisfactory to the Department.

4. At the hearing, the Department shall have the burden of proving the facts of the violation alleged in the notice of probable violation at issue. The amount of any civil penalty assessed shall be presumed to be proper; however, the operator may offer evidence to rebut this presumption. The standard of proof shall be a preponderance of the evidence. The person or permittee shall have the right to challenge the Hearing Officer if the person or permittee believes the Hearing Officer is prejudiced against him or her or has a conflict of interest. If the Hearing Officer disqualifies himself or herself, the Director shall designate a new Hearing Officer. The Hearing Officer shall conduct the hearing, hear the evidence and, at the conclusion of the hearing, render recommended findings of fact, recommended conclusions of law and recommendations as to the disposition of the case.

5. The Director shall review the administrative record in conjunction with the Hearing Officer's recommended findings of fact, recommended conclusions of law and recommendations as to the disposition of the case. Within 30 days after the close of the hearing record or expiration of the time to request a hearing, the Director shall issue a final administrative decision.

c) Failure of the person or permittee to timely request a hearing or, if a civil penalty has been assessed, to timely tender the assessed civil penalty shall constitute a waiver of all legal rights to contest the notice of probable violation, including the amount of any civil penalty. (Section 35 of the Act)

d) If, at the expiration of the period of time originally fixed in the notice of probable violation or at the expiration of any subsequent extension of time granted by the Department, the Department finds that the violation has not been abated, it may immediately order abatement of the operations or the portions of the operation relevant to the violations.

History

• Source: Added at 43 Ill. Reg. 11524, effective September 24, 2019

62 Ill. Adm. Code 240.1859 Emergency Abatement Orders

a) The Department may issue an emergency abatement order requiring the abatement of a violation of this Part, the Act, or the Oil and Gas Act that is creating an imminent danger to the health or safety of the public, or an imminent danger of significant environmental harm or significant damage to property at a gas storage operation, with or without issuing a notice of probable violation under Section 240.1854.

b) Before the issuance of an EAO, the Department shall:

1. Attempt to contact the operator and inform it of a condition, practice or violation that is creating an imminent danger to the health or safety of the public, or an imminent danger of significant environmental harm or significant damage to property.

2. Attempt to resolve the condition, practice or violation with the operator within a timeframe set by the Department that takes into consideration the seriousness of the situation, the disruption, if any, to the natural gas utility customers, and the likelihood of a quick resolution.

3. Communicate and work cooperatively, as appropriate, with the Illinois Commerce Commission or any other entities in federal and State government in the resolution of the condition, practice or violation. Pursuant to the Act, the Department will at all times exercise its sole jurisdiction over the downhole portion of the underground natural gas storage facility.

c) If the Department determines that any condition or practice exists, or that any person or permittee is in violation of any requirement of the Act, this Part or any permit condition, and that the condition, practice or violation creates an imminent danger to the health or safety of the public, or an imminent danger of significant environmental harm or significant damage to property, and after the Department has complied with subsection (b), the Director of the Department's Office of Oil and Gas Resource Management (OOGRM) may issue an EAO. The EAO shall be for the abatement, in whole or in part, of the condition, practice or violation.

d) An EAO shall include:

1. The date the EAO was issued.

2. The specific portion of the gas storage operation that is the subject of the EAO.

3. A description of the condition, practice or violation that is creating an imminent danger to the health or safety of the public, or an imminent danger of significant environmental harm or significant damage to property.

4. The date and location of the condition, practice or violation.

5. A detailed description of the circumstances that support the issuance of an EAO.

6. The timeframe in which required corrective action must be completed.

7. The date, location and procedures for the hearing that shall be held pursuant to subsection (h).

8. Notice to the operator of the right to request a temporary relief hearing under Section 240.1860.

e) The Department will immediately notify the Illinois Commerce Commission upon the issuance of an EAO.

f) If a responsible party cannot be readily located, in the judgment of the OOGRM Director, or fails, within the time frame specified in the EAO, to correct the condition endangering the public health, safety or environment, the OOGRM Director may order any Department agent or employee to take any action the OOGRM Director deems necessary to cause an abatement of the condition, practice or violation.

g) Notice of the EAO shall be served by personal delivery to the person or gas storage operator named in the order or by mailing it certified mail, return receipt requested, to the last known address of the person or gas storage operator as soon as is practicably possible but in no event later than 5 days after its issuance.

h) The EAO shall contain a date for a hearing that shall be held within 15 days after the issuance of the EAO. The hearing shall be conducted by a Hearing Officer, designated by the Director, held in the Department's office in Springfield, Illinois, and conducted in accordance with Article 10 of the Illinois Administrative Procedure Act. If a settlement agreement is entered into at any stage of the hearing process, the person to whom the EAO was issued will be deemed to have waived all right to further review, except as otherwise expressly provided for in the settlement agreement. The settlement agreement shall contain a waiver clause to this effect. All settlement agreements shall be executed by the DNR Director and shall constitute the Department's final administrative decision as to the matter being contested.

i) The EAO shall also provide that the person or gas storage operator named in the order has the right to a temporary relief hearing, within 5 days after a request for a temporary relief hearing is served upon the Department, in accordance with Section 240.1860. The EAO shall be considered served when personally delivered to the person or gas storage operator named in the order or when the cessation order is mailed by certified mail, return receipt requested, to the person or permittee at his or her last known address.

j) The EAO hearing shall be held to determine whether the person or gas storage operator has complied with the EAO. The Department shall have the burden of proving the facts of the violation alleged in the EAO. The standard of proof shall be a preponderance of the evidence. The Hearing Officer shall conduct the hearing, hear the evidence, and, at the conclusion of the hearing, render findings of fact and conclusions of law. The DNR Director shall issue the final administrative decision of the Department under Section 10 of the Illinois Oil and Gas Act.

k) An EAO issued under this Section shall continue in effect until modified, vacated, or terminated by the Department. The filing of a request for temporary relief under Section 240.1860 shall not operate as a stay of the EAO. The EAO may be stayed by the grant of temporary relief in accordance with Section 240.1860 or by voluntary order of the Department.

History

• Source: Added at 43 Ill. Reg. 11524, effective September 24, 2019

62 Ill. Adm. Code 240.1860 Temporary Relief Hearings

a) Pending the holding of a hearing in accordance with Section 240.1859 relating to an EAO issued under Section 240.1859, the person or gas storage operator affected by the Department's action may file a written request for temporary relief from the EAO, together with a detailed statement giving reasons for granting that relief. The person or gas storage operator shall serve the request for temporary relief within 14 days after service of the EAO to the Department's offices located in Springfield, Illinois.

b) The Department shall commence a hearing within 5 working days after receipt of a timely request for temporary relief and may grant that relief, under such conditions as it may prescribe, if the person or gas storage operator requesting temporary relief shows a substantial likelihood that the findings of the Department will be favorable to the gas storage operator and the relief will not adversely affect the health or safety of the public or cause significant environmental harm or significant damage to property.

c) All hearings under this Section shall be conducted in accordance with Article 10 of the Illinois Administrative Procedure Act. All hearings under this Section shall be conducted in the Department's offices located in Springfield, Illinois.

d) At the hearing, the gas storage operator shall have the burden of proving that temporary relief from the EAO will not adversely affect the health or safety of the public or cause environmental harm or significant damage to property. The Hearing Officer shall conduct the hearing, hear the evidence, and, at the conclusion of the hearing, render findings of fact and conclusions of law, and shall make recommendations to the DNR Director regarding the disposition of the case.

e) The DNR Director shall issue a final administrative decision, under Section 10 of the Illinois Oil and Gas Act, granting or denying temporary relief from the EAO within 7 days after the close of the administrative record. Temporary relief shall not extend for more than 90 days, after which the EAO shall be reinstated pending the outcome of the EAO and pending a resolution of the violations of the Act specified in the EAO.

History

• Source: Amended at 43 Ill. Reg. 11524, effective September 24, 2019

62 Ill. Adm. Code 240.1861 Subpoenas

a) Any party to proceedings brought under this Subpart may apply for subpoenas to compel the attendance of witnesses and the production of relevant documents.

b) The applicant shall submit the subpoena request to the Department's hearing officer. The subpoena request shall specifically identify the witness or relevant documents sought to be produced.

c) The Hearing Officer shall issue subpoenas within 7 calendar days from receipt of a request made in accordance with subsection (b) and deliver the subpoena to the Petitioner, who shall serve all subpoenas issued by certified mail, return receipt requested, at least 7 days before the date set for the hearing. Any witness shall respond to any lawful subpoena of which he has actual knowledge, if a voucher for payment of the witness fee and mileage applicable in the State circuit courts has been tendered. Prima facie evidence of service of a subpoena may be proven by a return receipt signed by the witness or his or her authorized agent and an affidavit showing that the mailing was prepaid and was addressed to the witness, restricted delivery, with a State voucher for the fee and mileage enclosed.

d) Any person served with a subpoena under this Section may file with the hearing officer, and serve on all parties, a motion for an order quashing the subpoena, in whole or in part. All motions to quash filed under this Section shall set forth a factual and/or legal basis for granting that relief.

e) The hearing officer shall issue, and serve on all parties, a decision granting or denying the motion to quash within 7 calendar days after receipt of the motion.

History

• Source: Added at 43 Ill. Reg. 11524, effective September 24, 2019

62 Ill. Adm. Code 240.1862 Well Drilling Completion and Workover Requirements

All wells shall be drilled and all drilling waste disposed in accordance with Subpart E of this Part.

History

• Source: Section 240.1862 renumbered from Section 240.1855 at 43 Ill. Reg. 11524, effective September 24, 2019

62 Ill. Adm. Code 240.1865 Liquid Oilfield Waste Disposal

a) All produced water generated as a result of gas storage operations shall be disposed of in accordance with Section 240.930 of this Part.

b) All fluid waste classified as Class II fluids in accordance with Section 240.750(h) of this Part can be disposed of in a Class II well in accordance with subsection (a) above.

c) All other fluid waste not classified as a Class II fluid shall be disposed of in accordance with Illinois Environmental Protection Agency (IEPA) regulations.

History

• Source: Added at 18 Ill. Reg. 8061, effective May 13, 1994

62 Ill. Adm. Code 240.1870 Plugging of Gas Storage and Observation Wells

a) Gas storage and observation wells shall be plugged when no longer used for the purpose for which they were permitted. At least twenty-four (24) hours prior to commencing plugging operations, the permittee shall notify the District Office for the county in which the well is located.

b) Gas storage and observation wells shall be plugged in accordance with Subpart K.

History

• Source: Added at 18 Ill. Reg. 8061, effective May 13, 1994

62 Ill. Adm. Code 240.1880 Sole Source Aquifer: Natural Gas Incident Notice to Department

a) Applicability. This Section applies to all natural gas incidents from an underground natural gas storage facility that lies on the footprint of a Sole Source Aquifer designated by the U.S. Environmental Protection Agency.

b) For all natural gas incidents, the permittee shall immediately notify the District Office in which the underground natural gas storage facility is located and provide public notice in compliance with Section 7.5 of the Illinois Oil and Gas Act.

c) In addition, all private residents, owners and operators of private water systems, or businesses, including agricultural operations, located within 1.5 miles of the boundaries of the natural gas incident must be notified as soon as practically possible. Notices to private residents and businesses must be attempted through verbal communication, whether in person or by telephone. If verbal communication cannot be established, a physical notice must be posted on the premises of the private residence or business in a conspicuous location where it is easily seen by the inhabitants of the private residence or employees at the business. The physical notice shall carry the following text in at least 18-point font: "NATURAL GAS INCIDENT NOTICE – READ IMMEDIATELY". Notices required under this Section shall be provided whether or not the threat of exposure has been eliminated. Both verbal and physical notices shall include the location of the natural gas incident, the date and time that the natural gas incident was discovered, contact information of the operator of the natural gas storage field, and any applicable safety information. (Section 7.5 of the Illinois Oil and Gas Act)

d) The operator of a natural gas storage field has a continuous and ongoing obligation to further notify the affected parties as necessary if it is determined that the boundaries of the natural gas incident have increased, moved, or shifted. This notice requirement shall be construed as broadly as possible. (Section 7.5 of the Illinois Oil and Gas Act)

History

• Source: Added at 43 Ill. Reg. 11524, effective September 24, 2019

62 Ill. Adm. Code 240.1890 Sole Source Aquifer: Inspection Fees for Underground Natural Gas Storage Fields

a) The Department will conduct annual inspections at all gas storage fields lying on the footprint of a Sole Source Aquifer designated as such in 2015 by USEPA in the State to ensure that there are no infrastructure deficiencies or failures that could pose any harm to public health. The owner of the gas storage field shall cover the costs of the annual inspection. (Section 7.6 of the Illinois Oil and Gas Act.)

b) Beginning on January 1, 2019, the Department will assess an inspection fee during each fiscal year for the total costs incurred by the Department to perform annual inspections of all wells permitted under the Act and this Section, present at an underground natural gas storage facility located within the footprint of a Sole Source Aquifer, including wells reported to be transferred pursuant to Subpart N but not yet approved for transfer by the Department. The permittee for each well is responsible for paying the full assessed amount.

c) Assessment of Inspection Fees

1. No later than December 31, 2019, the Department will calculate the applicable Department inspection fees incurred by the permittee during the period of January 1, 2019 through June 30, 2019 and issue that assessment to the permittee.

2. For the fiscal year beginning on July 1, 2019 and for every fiscal year thereafter, no later than December 31, the Department will calculate the applicable annual inspection fees incurred by the permittee during the preceding fiscal year and issue the assessment to the permittee.

d) Liability for assessed inspection fees does not cease until full payment is received by the Department.

e) If a permittee fee check is returned due to insufficient funds or because payment was stopped, the permittee is required to repay fees for that fiscal year by cashier's check or money order.

f) All fees collected under this Subpart shall be deposited into the Department's Underground Resources Conservation Enforcement Fund.

History

• Source: Added at 43 Ill. Reg. 11524, effective September 24, 2019

62 Ill. Adm. Code 240.1892 Sole Source Aquifer: When Annual Inspection Fees Are Due

Annual inspection fees assessed under Section 240.1890 shall become due upon assessment and shall be deemed delinquent if not paid within 90 days after the initial assessment date. Any permittee with delinquent annual inspection fees shall not operate, permit or transfer wells within the State of Illinois without first paying all delinquent fees and associated civil penalties assessed under the Act.

History

• Source: Added at 43 Ill. Reg. 11524, effective September 24, 2019

62 Ill. Adm. Code 240.1894 Sole Source Aquifer: Opportunity to Contest Billing

a) Permittees may contest the amount of annual inspection fees assessed under Section 240.1890 by submitting a written objection to the billing no later than 30 days after the assessment date.

b) The objection must be in writing, signed by the permittee, or by an individual authorized to sign for the permittee, and must identify the nature of the objection. The written objection shall be mailed to the Department at its Springfield, Illinois location and must include a statement of the facts supporting the objection.

c) The Department shall respond to any valid objections within 30 days and either deny the objection or affirm and issue an amended assessment. The Department's decision to deny or affirm the objection is a final administrative decision of the Department for purposes of the Administrative Review Law [735 ILCS 5/Art. III].

History

• Source: Added at 43 Ill. Reg. 11524, effective September 24, 2019

62 Ill. Adm. Code 240.1898 Waiver

a) Subject to 49 USC 60118(d), the Department, upon application by any gas storage operator, may waive, in whole or in part, compliance with any standard established under this Subpart or the Act if the Department determines that the waiver is consistent with the safety of the underground natural gas storage facility and the protection of the environment and natural resources of the State of Illinois.

b) All waiver requests shall be made by the gas storage operator on Department created waiver forms and shall include all information requested in the forms.

c) The waiver forms shall include:

1. name of the underground natural gas storage facility;

2. if the waiver is related to a well, an underground gas storage field map of the natural gas storage facility and a brief statement of the purpose of the well and a schematic of the well;

3. a description of the waiver that is being requested;

4. written technical justifications as to why compliance with a provision of this Subpart or the Act is not practicable and not necessary for safety with respect to specified underground storage facilities or equipment. The justifications for any deviation from any provision of this Subpart or the Act must be technically reviewed and documented by a subject matter expert to ensure there will be no adverse impact on design, construction, operations, maintenance, integrity, emergency preparedness, the environment, response, and overall safety and must be dated and approved by a senior executive officer, vice president, or higher office with responsibility for the underground natural gas storage facility;

5. a full description of any safety and environmental protection procedures that will be implemented or modified if the waiver is granted;

6. certification, under penalty of perjury, that the applicant has the right, pursuant to valid and subsisting oil and gas leases, documents or memoranda of public record and/or any statute or regulation, to drill or operate an underground natural gas storage facility on the lands and formations, as set forth in Subpart D;

7. a statement as to whether the underground natural gas storage facility is located within the limits of any incorporated city, town or village (and a certified copy of the official consent of the municipal authorities if the underground natural gas storage facility is within the corporate limits);

8. a statement as to whether the underground natural gas storage facility is located over an active mine or temporarily abandoned mine, or within the undeveloped limits of a mine, and whether the coal rights are owned by someone other than the lessor under the oil and gas lease; and

9. if the waiver is related to a well, the proposed depth of the well and the name of the lowest geologic formation that is to be, or is, penetrated.

d) The gas storage operator must provide the Department with any additional information the Department requires to ensure that the requirements of this Subpart are met. If the application does not contain all the required information documents, or there is other information that the Department requests, the Department shall notify the applicant in writing. The notification shall specify the additional information or documents necessary to an evaluation of the application and shall advise the applicant that the application will be deemed denied unless the information or documents are submitted within 60 days following the date of notification.

e) All waiver requests submitted to the Department will be reviewed by the Department. The Department may issue such a waiver at its sole discretion. The waiver request will be denied if the purpose of the waiver is outweighed by safety or environmental contamination concerns, as determined at the sole discretion of the Department.

f) No waiver may be granted if:

1. the gas storage operator, or any corporate or business entity of which the gas storage operator is a part, has active or pending violations, or has unpaid fines or penalties as a result of any violation, of the Illinois Oil and Gas Act, or the Act;

2. the applicant has falsified or otherwise misstated any information on, or relative to, the permit application;

3. the applicant has failed to abate a violation of the Illinois Oil and Gas Act or the Act specified in a final administrative decision of the Department;

4. an officer, director, agent, power of attorney or partner in the applicant, or a person with an interest in the applicant exceeding 5% was or is an officer, director, partner, agent, power of attorney or person with an interest exceeding 5% in another entity that failed to abate a violation of the Illinois Oil and Gas Act or the Act specified in a final administrative decision of the Department;

5. the applicant was or is an officer, director, agent, power of attorney, partner, or person with an interest exceeding 5% in another entity that has failed to abate a violation of the Illinois Oil and Gas Act or the Act specified in a final administrative decision of the Department;

6. funds have been expended and remain outstanding from the PRF to plug wells (see Subpart P) for which the applicant was a previous permittee; or the applicant was or is an officer, director, agent, power of attorney, partner, or person with an interest exceeding 5% in a permittee for which funds were expended; or an officer, director, agent, power of attorney or partner in the applicant, or a person with an interest in the applicant exceeding 5% was or is an officer, director, agent, power of attorney, partner or person with an interest exceeding 5% in a permittee for which funds were expended; or

7. the applicant is delinquent in the payment of Annual Well Fees; or the applicant was or is an officer, director, agent, power of attorney, partner, or person with an interest exceeding 5% in another permittee who is delinquent in payment of Annual Well Fees; or an officer, director, agent, power of attorney or partner in the applicant, or person with an interest in the applicant exceeding 5% was or is an officer, director, agent, power of attorney, partner or person with an interest exceeding 5% in a permittee who is delinquent in payment of Annual Well Fees.

g) A waiver may be granted by the Department upon review of the waiver form and any additional information requested by the Department.

h) Waivers are valid for one year from the date of issuance. A waiver may be renewed upon application by the applicant and subject to the requirements of this Section.

i) The Department shall give the Secretary of Transportation written notice of any issued waiver at least 60 days before the effective date of the waiver and any such waiver issued by the Department is subject to 49 USC 60118(d). Any waiver granted shall take effect 61 days after notice of approval by the Department is issued to the gas storage operator.

j) An operator must discontinue use of any waiver if the Department determines, at any time, and provides written notice that the waiver adversely impacts design, construction, operations, maintenance, integrity, emergency preparedness and response, the environment, or overall safety. An operator must discontinue the use of the waiver listed in the Department's written notice within 14 days after receipt of the notice. The written notice shall be served by certified mail or by personal service.

History

• Source: Added at 43 Ill. Reg. 11524, effective September 24, 2019

62 Ill. Adm. Code 240.1900 Applicability

The provisions of this Subpart apply to wells and drill holes other than oil or gas production wells and Class II UIC wells covered by Subparts B and C, test wells covered by Subpart L, and gas storage observation wells covered by Subpart R. This Subpart applies to wells or drill holes drilled to perform a service or function in relation to oil and gas production or a gas storage project or mining activity coming within this Subpart. A permit is not required under this Subpart in areas covered by a permit issued by the Department under the Surface-Mined Land Conservation and Reclamation Act and the Surface Coal Mining Land Conservation and Reclamation Act.

History

• Source: Added at 18 Ill. Reg. 8061, effective May 13, 1994

62 Ill. Adm. Code 240.1905 Application for Permit to Drill or Convert to Other Types of Wells or Drill Holes

a) No person shall drill or convert a service well covered by this Subpart without a permit from the Department.

b) Application for a permit to drill or convert a service well shall be made on forms prescribed by the Department. The application shall be executed under penalties of perjury, and accompanied by the nonrefundable fee of $400 and the bond required under Subpart O.

History

• Source: Amended at 49 Ill. Reg. 565, effective December 30, 2024

62 Ill. Adm. Code 240.1910 Contents of Application for Permit to Drill or Convert to a Service Well

The application for a permit shall include:

a) The name of the well;

b) The surveyed well location, the GPS latitude and longitude location of an actual field measurement (all GPS locations shall be recorded as degrees and decimal degrees recorded to 6 decimal places in the North American Datum 1983 projection and shall be accurate to within 3 feet), and ground elevation of the well. All well locations shall be surveyed by a registered Illinois Land Surveyor or an Illinois Registered Professional Engineer. A survey or GPS location is not required for a converted or deepened well or a drilled out plugged hole if the original well location was surveyed;

c) A brief statement of the purpose of the well and a schematic showing the proposed construction of the well;

d) Certification, under penalty of perjury, that the applicant has the right, pursuant to valid and subsisting oil and gas leases, documents or memoranda of public record, and/or any statute or regulation, to drill for and operate a well on the lands and formations required for the proposed well, as set forth in Subpart D;

e) A statement as to whether the proposed well location is within the limits of any incorporated city, town, or village (and a certified copy of the official consent of the municipal authorities if the well is within the corporate limits);

f) The name and address of the drilling contractor and the type of drilling tools or equipment to be used;

g) A statement whether the well is located over an active mine, temporarily abandoned mine or within the undeveloped limits of a mine and whether the coal rights are owned by someone other than the lessor under the oil and gas lease;

h) A statement whether the well or drill hole is located within the limits of a gas storage field in accordance with Subpart R;

i) The proposed depth of the well and the name of the lowest geologic formation to be penetrated.

History

• Source: Amended at 42 Ill. Reg. 5811, effective March 14, 2018

62 Ill. Adm. Code 240.1920 Authority of Person Signing Application

a) All applications shall identify whether the owner of the right to drill and to operate the well is an individual, partnership, corporation or other entity, and shall contain the address and signature of the owner or person authorized to sign for such owner.

b) If the applicant is an individual, the application shall be signed by the individual. If the applicant is a partnership, the application shall be signed by the general partner. If the applicant is a corporation, the application shall be signed by an officer of the corporation.

c) In lieu of the signature of the applicant or such authorized persons, the application may be signed by a person having a power of attorney to sign for such owner or authorized person, provided a certified copy of the power of attorney accompanies the application.

d) The entity or person to whom the permit is issued shall be called the Permittee and shall be responsible for all regulatory requirements relative to the well or drill hole.

e) If the applicant is a corporation, the charter must authorize the corporation to engage in the permitted activity, and the corporation must be incorporated or authorized to do business in the State of Illinois.

History

• Source: Added at 18 Ill. Reg. 8061, effective May 13, 1994

62 Ill. Adm. Code 240.1930 Issuance of Permit

a) If the applicant satisfies the requirements of the Act and this Part, the Department shall issue a permit.

b) A permit shall not be issued to an applicant not in compliance with Section 240.250(b) .

c) Service well permits shall expire 1 year from the date of issuance unless acted upon by commencement of drilling or converting operations authorized by the permit.

d) Service well permits are not transferable prior to the drilling of the well or test hole.

History

• Source: Amended at 35 Ill. Reg. 13281, effective July 26, 2011

62 Ill. Adm. Code 240.1940 When Wells Shall Be Plugged and Department Notification

Service wells shall be plugged when no longer used for the purpose for which they were permitted. At least 24 hours prior to commencing plugging the permittee shall notify the District Office for the county in which the well is located.

History

• Source: Amended at 21 Ill. Reg. 7164, effective June 3, 1997

62 Ill. Adm. Code 240.1950 Plugging and Restoration Requirements

a) Service wells shall be plugged as follows:

1. If the total depth of the well or hole extends below the base of the freshwater, as determined by the Department, the well or hole shall be plugged from total depth to the top of the bedrock with cement. When the plugging requirements of this subsection would be impractical due to the presence of fractures in the bedrock or other geologic conditions that would prohibit the containment of fluids in the well, the Department may authorize alternative plugging requirements. In determining whether to approve and in selecting alternative plugging requirements, the Department shall consider the total depth of the hole and the depth and quality of the freshwater.

2. If the total depth of the well or test hole does not extend below the base of the freshwater as determined by the Department, the hole shall be plugged as stated above or may be plugged by circulating bentonite slurry from total depth to surface. When the plugging requirements of this Section would be impractical due to the presence of fractures in the bedrock or other geologic conditions that would prohibit the containment of fluids in the well, the permittee shall place a bridge plug above the fractured zone and circulate bentonite slurry from the plug to the surface.

b) At the conclusion of drilling, all drill cuttings shall be buried in drill pits or landspread (with permission of surface owner), and all pits used in drilling shall be filled and restored to support farm machinery, and all drilling debris shall be removed from the site.

History

• Source: Added at 18 Ill. Reg. 8061, effective May 13, 1994

62 Ill. Adm. Code 240.1960 Converting to Water Well

Service wells may not be converted to a water well that is required to have a permit from the Illinois Department of Public Health.

History

• Source: Added at 18 Ill. Reg. 8061, effective May 13, 1994

Part 245 Hydraulic Fracturing Regulatory Act

62 Ill. Adm. Code 245.100 Applicability

a) High Volume Horizontal Hydraulic Fracturing Operations

This Part applies to all horizontal wells in which any single stage of a stimulation treatment using more than 80,000 gallons, or in which the total amount of all stages of stimulation treatment using more than 300,000 gallons, in the pressurized application of hydraulic fracturing fluid to initiate or propagate fractures in a geologic formation to enhance extraction or production of oil or gas are planned, have occurred or are occurring in this State (Section 1-20 of the Act).

b) Medium Volume Horizontal Hydraulic Fracturing Operations

Subpart L applies to all horizontal wells in which the total amount of all stages of stimulation treatment using more than 80,000 gallons but less than 300,001 gallons in the pressurized application of hydraulic fracturing fluid to initiate or propagate fractures in a geologic formation to enhance extraction or production of oil or gas are planned, have occurred or are occurring in this State (Section 1-98 of the Act).

c) The provisions of this Part shall be in addition to the provisions of the Illinois Oil and Gas Act [225 ILCS 725] and the rules adopted under that Act (62 Ill. Adm. Code 240). However, if there is a conflict between the provisions of the Illinois Oil and Gas Act and the rules enacted pursuant thereto, the provisions of the Act and this Part shall prevail. (Section 1-20 of the Act)

62 Ill. Adm. Code 245.110 Definitions

For the purposes of this Part, unless the context otherwise requires:

"Act" means the Hydraulic Fracturing Regulatory Act [225 ILCS 732].

"Agency" means the Illinois Environmental Protection Agency. (Section 1-5 of the Act)

"ANSI" means the American National Standards Institute.

"API" means the American Petroleum Institute.

"Applicant" means any person registered with the Department pursuant to Section 245.200 of this Part that has filed an application in accordance with this Part.

"Application" means a filing by an applicant to the Department seeking a high volume horizontal hydraulic fracturing permit pursuant to Section 245.210 or a modification pursuant to Section 245.330 of this Part.

"Aquatic life" means all fish, reptiles, amphibians, crayfish, and mussels. (Section 1-5 of the Act)

"Aquifer" means saturated (with groundwater) soils and geologic materials that are sufficiently permeable to readily yield economically useful quantities (at least 70 gallons per minute) of fresh water to wells, springs, or streams under ordinary hydraulic gradients. "Aquifer" is limited to aquifers identified as major sand and gravel aquifers in the Illinois State Water Survey's Illinois Community Water Supply Wells map (Map Series 2006-01). (Section 1-5 of the Act)

"Base fluid" means the continuous phase fluid type, including, but not limited to, water or nitrogen or other gas used in a high volume horizontal hydraulic fracturing operation. (Section 1-5 of the Act) "Base fluid" shall also include both hydrocarbon and non-hydrocarbon fluids in gas and/or liquid form used in high volume horizontal hydraulic fracturing operations. Calculation and reporting of volumes for all base fluid shall be for the normal volume that the base fluid would occupy at 20°C and one atmosphere (National Institute of Standards and Technology Standard Temperature and Pressure, or "STP"). If part or all of the base fluid will contain any component that at STP would exist in a gaseous state, regardless of whether the component is transported or injected or combined in any other form or at any other temperature or pressure, or whether, when mixed with other substances the component forms a foam or gel or other dispersion, the volume of that component shall be calculated and reported as the uncompressed volume at STP for all purposes under this Part.

"BTEX" means benzene, toluene, ethylbenzene, and xylene. (Section 1-5 of the Act)

"By-product materials" has the same meaning as in the Illinois Radiation Protection Act of 1990 [420 ILCS 40].

"Certified local health department" means a local governmental agency that has been certified by the Illinois Department of Public Health to meet the requirements set forth in Subparts C and D of this Part and 77 Ill. Adm. Code 600.210.

"Chemical" means any element, chemical compound, or mixture of elements or compounds that has its own specific name or identity, such as a Chemical Abstracts Service number, regardless of whether the chemical is subject to the requirements of 29 CFR 1910.1200(g)(2). (Section 1-5 of the Act)

"Chemical Abstracts Service" means the division of the American Chemical Society that is the globally recognized authority for information on chemical substances. (Section 1-5 of the Act)

"Chemical Abstracts Service number" or "CAS number" means the unique identification number assigned to a chemical by the Chemical Abstracts Service. (Section 1-5 of the Act)

"Class II UIC well" shall have the same meaning as in 62 Ill. Adm. Code 240.

"Completion combustion device" means any ignition device, installed horizontally or vertically, used in exploration and production operations to combust otherwise vented emissions. (Section 1-5 of the Act)

"Delineation well" means a well drilled in order to determine the boundary of a field or producing reservoir. (Section 1-5 of the Act)

"Department" or "IDNR" means the Illinois Department of Natural Resources. (Section 1-5 of the Act)

"Diesel" means a substance having any one of the following Chemical Abstracts Service numbers: 68334-30-5; 68476-34-6; 68476-30-2; 68476-31-3; 8008-20-6; or 68410-00-4. "Diesel" includes any additional substances regulated by the United States Environmental Protection Agency as diesel fuel used in hydraulic fracturing activities under the federal Safe Drinking Water Act (42 USC 300f et seq.). (Section 1-5 of the Act)

"Director" means the Director of the Illinois Department of Natural Resources or his or her designee. (Section 1-5 of the Act)

"Enhanced oil recovery operation" means any secondary or tertiary recovery method used in an effort to recover hydrocarbons from a pool by injection of fluids, gases or other substances to maintain, restore, or augment natural reservoir energy, or by introducing gases, chemicals, other substances, or heat, or by in-situ combustion, or by any combination thereof. (Section 1-5 of the Act)

"Flare" means a thermal oxidation system using an open, enclosed, or semi-enclosed flame. "Flare" does not include completion combustion devices as defined in this Section. (Section 1-5 of the Act)

"Flowback period" means the period of time when hydraulic fracturing fluid flows back to the surface from a well following a stimulation treatment, either in preparation for a subsequent phase of stimulation treatment or in preparation for cleanup and placing the well into production. "Flowback period" begins when the hydraulic fracturing fluid returns to the surface following a stimulation treatment. "Flowback period" ends with either the well shut in, or when the well is producing continuously to the flow line or to a storage vessel for collection, whichever occurs first. (Section 1-5 of the Act)

"Fresh water" means surface and subsurface water in its natural state that is suitable for drinking water for human consumption, domestic livestock, irrigation, industrial, municipal and recreational purposes, that is capable of supporting aquatic life, and contains less than 10,000 ppm total dissolved solids. (Section 1-5 of the Act)

"Gas" means all natural gas, including casinghead gas, and all other natural hydrocarbons not defined as oil. (Section 1-5 of the Act)

"GPS" means Global Positioning System.

"Groundwater" means any water below the land surface that is within the saturated zone or geologic materials where the fluid pressure in the pore space is equal to or greater than atmospheric pressure. (Section 1-5 of the Act)

"Hazardous material" has the same meaning as ascribed in Section 3 of the Illinois Hazardous Material Transportation Act [430 ILCS 30].

"Health care services" means any services included in the furnishing to any individual of medical care, or the hospitalization incident to the furnishing of such care, as well as the furnishing to any person of any and all other services for the purpose of preventing, alleviating, curing or healing human illness or injury, including home health and pharmaceutical services and products. [215 ILCS 134/10]

"Health professional" means a physician, physician assistant, nurse practitioner, registered professional nurse, emergency medical technician, or other individual appropriately licensed or registered to provide health care services. (Section 1-5 of the Act)

"Hearing Officer" means the presiding officer at the public hearing and other hearings referenced in this Part. The term also includes administrative law judge.

"High volume horizontal hydraulic fracturing operations" or "HVHHF operations" means all stages of a stimulation treatment of a horizontal well by the pressurized application of more than 80,000 gallons in any single stage or more than 300,000 gallons in total of hydraulic fracturing fluid to initiate or propagate fractures in a geologic formation to enhance extraction or production of oil or gas. (Section 1-5 of the Act)

"High volume horizontal hydraulic fracturing permit" means the permit issued by the Department allowing high volume horizontal hydraulic fracturing operations to occur at a well site. (Section 1-5 of the Act)

"High volume horizontal hydraulic fracturing treatment" shall have the same definition as "High volume horizontal hydraulic fracturing operations".

"Horizontal well" means a well with a wellbore drilled laterally at an angle of at least 80 degrees to the vertical and with a horizontal projection exceeding 100 feet measured from the initial point of penetration into the potential productive formation through the terminus of the lateral in the same common source of hydrocarbon supply. (Section 1-5 of the Act)

"Hydraulic fracturing" means the pressurized application of hydraulic fracturing fluid to initiate or propagate fractures in a geologic formation to enhance extraction or production of oil or gas.

"Hydraulic fracturing additive" means any chemical substance or combination of chemicals, including, but not limited to, any chemical or proppant that is added to a base fluid for the purposes of preparing a hydraulic fracturing fluid for a high volume horizontal hydraulic fracturing operation. (Section 1-5 of the Act)

"Hydraulic fracturing flowback" or "Flowback" means all hydraulic fracturing fluid and other fluids or materials that return to the surface after a stage of hydraulic fracturing has been completed and prior to the well being placed in production. (Section 1-5 of the Act)

"Hydraulic fracturing fluid" means the mixture of the base fluid and all the hydraulic fracturing additives, used to perform hydraulic fracturing. (Section 1-5 of the Act)

"Hydraulic fracturing string" means any pipe or casing string used for the transport of hydraulic fracturing fluids during high volume horizontal hydraulic fracturing operations. (Section 1-5 of the Act)

"IEMA" means the Illinois Emergency Management Agency.

"Inspector" means a well inspector from the Department's Office of Oil and Gas Resource Management.

"Intake" means a pipe or other means to withdraw raw water from a water source. (Section 1-5 of the Act)

"Landowner" means the legal title holder or owner of real property and includes an owner of an undivided interest, a life tenant, a remainderman, a public or private corporation, a trustee under an active trust, and the holder of the beneficial interest under a land trust. "Landowner" does not include a mortgagee, a trustee under a trust deed in the nature of a mortgage, a lien holder, or a lessee. (Section 1-5 of the Act)

"Low-level radioactive waste" or "LLRW" shall have the same meaning as ascribed in Section 3 of the Illinois Low-Level Radioactive Waste Management Act [420 ILCS 20/3].

"Low pressure well" means a well with reservoir pressure and vertical well depth such that 0.445 times the reservoir pressure (in psia) minus 0.038 times the vertical well depth (in feet) minus 67.578 psia is less than the flow line pressure at the sales meter. (Section 1-5 of the Act)

"Material Safety Data Sheet" or "MSDS" means a document provided by chemical or industrial manufacturers that contains information on chemicals. An MSDS includes: nature of the chemical, precautions to take in using the chemical, conditions of safe use, clean-up procedure for a release, and recommended disposal procedures.

"Medium volume hydraulic fracturing operations" means a stimulation treatment of a horizontal well by the pressurized application of more than 80,000 gallons but less than 300,001 gallons in total of hydraulic fracturing fluid to initiate or propagate fractures in a geologic formation to enhance extraction or production of oil or gas.

"Naturally Occurring Radioactive Materials" or "NORM" means materials that may contain any of the primordial radionuclides or radioactive elements as they occur in nature, such as radium, uranium, thorium or potassium, and their radioactive decay products such as radium and radon that are undisturbed as a result of human activities. (See USEPA/Office of Radiation and Air, Radiation Protection Division – Technical Report on TENORM from Uranium Mining, vol. 1 and 2 (2006)).

"Nature preserve" shall have the same meaning as provided in Section 3.11 of the Illinois Natural Areas Preservation Act [525 ILCS 30/3.11]. (Section 1-5 of the Act)

"Oil" means natural crude oil or petroleum and other hydrocarbons, regardless of specific gravity, which are produced at the well in liquid form by ordinary production methods or by the use of an oil and gas separator and which are not the result of condensation of gas after it leaves the underground reservoir. (Section 1-5 of the Act)

"Operator" means the individual or entity controlling the right to drill or produce a horizontal well in accordance with the requirements of the Illinois Oil and Gas Act. (Section 1-5 of the Act)

"Ordinary high water mark" means the boundary of a water source delineated by the highest water level that has been maintained for a sufficient period of time to leave evidence upon the landscape. For:

rivers, the ordinary high water mark is the elevation of the top of the bank of the channel; and

natural or artificial lakes, ponds or reservoirs, the ordinary high water mark is the operating elevation of the normal operating pool.

"OSHA" means the Occupational Safety and Health Administration, an agency of the federal Department of Labor.

"Owner" when used with reference to oil and/or gas rights, shall have the same meaning as provided in Section 1 of the Illinois Oil and Gas Act, but when used with a modifying prepositional clause or, in the context of ownership of anything other than oil and gas drilling rights, shall have its plain and ordinary meaning. (Section 1-5 of the Act)

"Perennial stream" means a stream that has continuous flow in its stream bed during all of the calendar year. (Section 1-5 of the Act)

"Permit" means a high volume horizontal hydraulic fracturing permit issued under the Act and this Part. (Section 1-5 of the Act)

"Permittee" means a person holding a high volume horizontal hydraulic fracturing permit under the Act and this Part. (Section 1-5 of the Act)

"Person" means any individual, partnership, co-partnership, firm, company, limited liability company, corporation, association, joint stock company, trust, estate, political subdivision, State agency, or any other legal entity or its legal representative, agent, or assigns. (Section 1-5 of the Act)

"Pollution or diminution" means:

in groundwater, any of the following:

detection of benzene or any other carcinogen in any Class I, Class II, or Class III groundwater;

detection of any constituent in 35 Ill. Adm. Code 620.310(a)(3)(A)(i) equal to or above the listed preventive response criteria in any Class I, Class II, or Class III groundwater;

detection of any constituent in 35 Ill. Adm. Code 620.410(a), (b), (c), (d), (e), or (f) equal to or above the listed standard in any Class I, Class II, or Class III groundwater;

detection of any constituent in Class III groundwater equal to or above a standard established under 35 Ill. Adm. Code 620.260; or

detection of any constituent in Class I, Class II, or Class III groundwater equal to or above a cleanup objective listed in 35 Ill. Adm. Code 742.

in surface water, exceeding any applicable numeric or narrative standard in 35 Ill. Adm. Code 302 or 304. (Section 1-5 of the Act)

"Produced water" means water, regardless of chloride and total dissolved solids content, that is produced from a well in conjunction with oil or natural gas production or natural gas storage operations, but does not include hydraulic fracturing flowback. (Section 1-5 of the Act)

"Proppant" means sand or any natural or man-made material that is used during high volume horizontal hydraulic fracturing operations to prop open the artificially created or enhanced fractures. (Section 1-5 of the Act)

"Public water supply" means all mains, pipes, and structures through which water is obtained and distributed to the public, including wells and well structures, intakes and cribs, pumping stations, treatment plants, reservoirs, and storage tanks and appurtenances, collectively or severally, actually used or intended for use for the purpose of furnishing water for drinking or general domestic use, and which serves at least 15 service connections or which regularly serves at least 25 persons at least 60 days per year. (Section 1-5 of the Act)

"Radiation" has the same meaning as ascribed in Section 4(f) of the Illinois Radiation Protection Act of 1990 [420 ILCS 40/4(f)].

"Radioactive material" has the same meaning as ascribed in Section 4(i) of the Illinois Radiation Protection Act of 1990 [420 ILCS 40/4(i)].

"Real property" means the surface, subsurface or mineral rights of land.

"Real property interest" means ownership in the surface, subsurface or mineral rights of land.

"Real property surface interest" means ownership in only the surface rights of land.

"Recycled water" means water in hydraulic fracturing flow back from a hydraulic fracturing operation or produced water that is physically or chemically treated for use as the base fluid or a component of hydraulic fracturing fluid.

"Register of Land and Water Reserves" means the list of areas registered in accordance with Section 16 of the Illinois Natural Areas Preservation Act and 17 Ill. Adm. Code 4010. (Section 1-5 of the Act)

"Registrant" means any person that registers with the Department to apply for high volume horizontal hydraulic fracturing permits pursuant to Section 245.200 of this Part.

"Release" means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the environment. (Section 1-5 of the Act)

"Serious violation" means any violation set forth in 62 Ill. Adm. Code 240.140(c). (Section 1-5 of the Act)

"Service connection" means the opening, including all fittings and appurtenances, at the water main through which water is supplied to the user. (Section 1-5 of the Act)

"Stimulation treatment" has the same meaning given to "hydraulic fracturing" in this Section.

"Surface water" means all water that is open to the atmosphere and subject to surface runoff. (Section 1-5 of the Act)

"Technically enhanced naturally occurring radioactive materials" or "TENORM" means naturally occurring radioactive materials that have been concentrated or exposed to the accessible environment as a result of human activities such as manufacturing, mineral extraction or water processing. (See USEPA/Office of Radiation and Air, Radiation Protection Division – 2006, Technical Report on TENORM from Uranium Mining, vol. 1 and 2.)

"Total water volume" means the total quantity of water from all sources used in the high volume horizontal hydraulic fracturing operations, including surface water, groundwater, produced water, or recycled water. (Section 1-5 of the Act)

"True vertical depth" means the vertical distance from a depth in a planned or existing wellbore or well to a point at the surface. (Section 1-5 of the Act)

"Water pollution" means any alteration of the physical, thermal, chemical, biological, or radioactive properties of any waters of the State, or the discharge of any contaminant into any water of the State, as will or is likely to create a nuisance or render the waters harmful, detrimental, or injurious to public health, safety, or welfare, or to domestic, commercial, industrial, agricultural, recreational, or other legitimate uses, or to livestock, wild animals, birds, or fish or other aquatic life. (Section 1-5 of the Act)

"Water source" means:

any existing water well or developed spring used for human or domestic animal consumption; or

any river, perennial stream, aquifer, natural or artificial lake, pond, wetland listed on the Register of Land and Water Reserves, or reservoir. (Section 1-5 of the Act)

"Well" means the entire length of any drill hole, including all horizontal well bores, required to be permitted under the Illinois Oil and Gas Act. (Section 1-5 of the Act)

"Well site" means surface areas, including the surface location of the well, occupied by all equipment or facilities necessary for, or incidental to, high volume horizontal hydraulic fracturing operations, construction, drilling, production, or plugging a well. (Section 1-5 of the Act)

"Wholly contained" or "Wholly within" means a pond or lake, regardless of its hydrological source or connection, where the boundary of the pond or lake is completely contained within a landowner's property.

"Wildcat well" means a well outside known fields or the first well drilled in an oil or gas field where no other oil and gas production exists. (Section 1-5 of the Act)

"Wildlife" means any bird or mammal that is by nature wild by way of distinction from those that are naturally tame and are ordinarily living unconfined in a state of nature without the care of man. (Section 1-5 of the Act)

62 Ill. Adm. Code 245.115 Incorporated Materials

a) The following documents are incorporated or referenced in various Sections of this Part:

1. ANSI/API Specification 10A, Specification for Cements and Materials for Well Cementing, December 2010 (API Spec 10A)

2. API Specification 5CT, Specification for Casing and Tubing, July 2011 (API Spec 5CT)

3. ANSI/API Recommended Practice 5A3, Recommended Practice on Thread Compounds for Casing, Tubing, Line Pipe, and Drill Stem Elements, November 2009 (API RP 5A3)

4. ANSI/API Specification 10D, Specification for Bow-String Casing Centralizers (alternatively: Specification for Bow-Spring Casing Centralizers), September 2002, Reaffirmed August 2010 (API Spec 10D)

5. API Technical Report 10TR4, Selection of Centralizers for Primary Cementing Operations, May 2008 (API Spec 10TR4)

6. ANSI/API Recommended Practice 10D-2, Recommended Practice for Centralizer Placement and Stop-collar Testing, August 2004, Reaffirmed July 2010 (API RP 10D-2)

7. API Specification 16D, Specification for Control Systems for Drilling Well Control Equipment and Control Systems for Diverter Equipment, July 2004, 2-Year Extension May 2010 (API Spec 16D)

b) All incorporations by reference in this Part refer to the standards on the date specified and do not include any additions or deletions subsequent to the date specified.

c) All materials incorporated by reference are available for inspection and copying at the Illinois Department of Natural Resources, One Natural Resources Way, Springfield IL 62702-1271.

62 Ill. Adm. Code 245.120 Permit Requirements

a) A person may not conduct high volume horizontal hydraulic fracturing operations, drill, deepen, convert a horizontal well in this State where high volume horizontal hydraulic fracturing operations are planned or occurring, or convert a vertical well into a horizontal well where high volume horizontal hydraulic fracturing operations are planned in this State, unless the person is registered with the Department, has been issued a permit by the Department under this Part, and has obtained all applicable authorizations required by the Illinois Oil and Gas Act (Section 1-30(a) of the Act).

b) If multiple wells are to be stimulated using high volume horizontal hydraulic fracturing operations from a single well site, then a separate permit shall be obtained for each well at the well site. (Section 1-30(b) of the Act)

c) A permittee may not conduct HVHHF operations that deviate from the terms of the permit, unless the permittee obtains a modification of the permit under Section 245.330.

d) A person may not operate a well where HVHHF operations were previously permitted or conducted pursuant to a permit issued to another, unless the person is registered with the Department and obtains a transfer of the permit under Section 245.350.

62 Ill. Adm. Code 245.200 Registration Procedures

a) Every applicant for a permit under this Part shall first register with the Department at least 30 days before applying for a permit, using a registration form provided by the Department. (Section 1-35(a) of the Act)

b) The registration form:

1. shall require the following information (Section 1-35(a) of the Act):

A) the name and address of the registrant, the registrant's legal status (individual, partnership, corporation or other), and the name, address and legal status of any parent, subsidiary, or affiliate of the registrant (Section 1-35(a)(1) of the Act);

B) disclosure of all findings of a serious violation or an equivalent violation as defined in Section 245.110, or all findings under federal, Illinois or other state laws or regulations in the development or operation of an oil or gas exploration or production site via hydraulic fracturing by the registrant or any parent, subsidiary, or affiliate of the registrant within the previous 5 years (Section 1-35(a)(2) of the Act);

C) proof of insurance to cover injuries, damages, or loss related to pollution or diminution in the amount of at least $5,000,000 per occurrence, from an insurance carrier authorized, licensed, or permitted to do this insurance business in this State that holds at least an A- rating by A.M. Best & Co. or any comparable rating service (Section 1-35(a)(3) of the Act).

2. shall be signed by the registrant or the registrant's designee who has been vested with the authority to act on behalf of the registrant. The signature of the registrant or the registrant's designee constitutes a certificate that the registrant has read the registration form and that, to the best of the registrant's knowledge, information and belief, the information set forth in the form is true and accurate.

c) The registration form shall be submitted to the Department electronically via the Department's website or mailed to Office of Oil and Gas Resource Management, at One Natural Resources Way, Springfield IL 62702.

d) Within 21 days after the receipt of a registration form, if the Department determines that the registration form is compliant with the requirements of subsection (b) and the person submitting the registration form is properly registered as a permittee under the Illinois Oil and Gas Act, then the registration form shall be accepted and the Department will provide the registrant with:

1. a statement that the registrant is registered with the Department for purposes of applying for high volume horizontal hydraulic fracturing permits pursuant to this Part;

2. the date the registration was accepted; and

3. a high volume horizontal hydraulic fracturing registration number to be used when applying for high volume horizontal hydraulic fracturing permits pursuant to this Part.

e) Within 21 days after receipt of a registration form, if the Department determines that the registration form is deficient relative to the requirements of subsection (b), or the person submitting the registration form is not properly registered as a permittee under the Illinois Oil and Gas Act, then the registration shall not be accepted and the Department will notify the registrant with a statement of the deficiencies. The registrant shall not be considered registered for purposes of applying for high volume horizontal hydraulic fracturing permits pursuant to this Section until the deficiencies have been cured, the registration form resubmitted and a Department determination pursuant to subsection (d) has been made.

f) A registrant must keep its registration current at all times while it holds a permit issued under this Part by notifying the Department of any change in the information identified in subsection (b). Any change in the information required by subsection (b)(2)(A) or (C) shall be reported within 30 days after the change occurs. Any change in the information required by subsection (b)(1)(B) shall be reported at least quarterly. (Section 1-35(a) of the Act)

g) All registrants shall resubmit the registration form pursuant to subsections (b) and (c) beginning September 1, 2016 and by September 1 of every even numbered year thereafter.

62 Ill. Adm. Code 245.210 Permit Application Requirements

a) Every applicant for a permit under this Part must submit the following information to the Department on an application form provided by the Department (Section 1-35(b) of the Act). The plans required under subsections (a)(3), (a)(4), (a)(6), (a)(10), (a)(11), (a)(12), (a)(13), (a)(14), (a)(15) and (a)(20) are, pursuant to Section 1-55(a) of the Act, conditions of any permit issued under the Act. Pursuant to Section 1-35(b)(20) of the Act, the Department may request additional information from the applicant (see the other subsections of this subsection (a), requirements labeled as Additional Information within this subsection (a), and the information listed in subsection (b)).

1. Applicant Information

The name, email address, and address of the applicant, the name and address of any parent, subsidiary, or affiliate (Section 1-35(b)(1) of the Act) of the applicant, and the applicant's HVHHF registration number;

2. Well Location

The proposed well name, well location, and legal description per the Public Land Survey System of the well, well site, and its unit area (Section 1-35(b)(2) of the Act). The well location shall be surveyed by an Illinois licensed land surveyor or Illinois registered professional engineer and the description of the surveyed well location shall also include the legal description, the GPS latitude and longitude location, and ground elevation of the well. The GPS location shall be recorded as degrees and decimal degrees recorded to 6 decimal places in the North American Datum 1983 projection and shall be accurate to within 3 feet. The reported GPS location is required to be an actual GPS field measurement and not a calculated or conversion measurement;

3. Well Site Setback Plan

A statement whether the proposed location of the well site is in compliance with the setback requirements of Section 245.400 and a plat map, which shows the proposed surface location of the well site, providing the distance in feet from the surface location of the well site to the features described in Section 245.400(a) (Section 1-35(b)(3) of the Act) and a statement explaining how the size of the well site is sufficient to conduct all aspects of HVHHF operations within its boundaries;

4. Directional Drilling Plan

A detailed description of the directional drilling plan for the proposed well to be used for the high volume horizontal hydraulic fracturing operations, including, but not limited to, the following information (Section 1-35(b)(4) of the Act):

A) the approximate total true vertical and measured depth to which the well is to be drilled or deepened (Section 1-35(b)(4)(A) of the Act);

B) the proposed angle and direction (heading) of the well (Section 1-35(b)(4)(B) of the Act);

C) the actual depth or the approximate depth at which the well to be drilled deviates from vertical (Section 1-35(b)(4)(C) of the Act);

D) the planned depth at which the well enters the formation that will be stimulated as part of the HVHHF operations;

E) the angle and direction of any nonvertical portion of the well until the well reaches its total target depth or its actual final depth (Section 1-35(b)(4)(D) of the Act);

F) the planned horizontal deviation and direction (heading) of the proposed horizontal portion of the well (Section 1-35(b)(4)(E) of the Act); and

G) the planned bottom hole location of the well;

5. Underground Fresh Water Information

The estimated depth and elevation, according to the most recent publication of the Illinois State Geological Survey of Groundwater for the location of the well or any other relevant information known to the applicant, of the lowest potential fresh water along the entire length of the proposed well (Section 1-35(b)(5) of the Act);

6. High Volume Horizontal Hydraulic Fracturing Operations Plan

A detailed description of the proposed high volume horizontal hydraulic fracturing operations, including, but not limited to, the following (Section 1-35(b)(6) of the Act):

A) the formations affected by the high volume horizontal hydraulic fracturing operations, including, but not limited to, geologic name and geologic description of the formations that will be stimulated by the operation (Section 1-35(b)(6)(A) of the Act), and a description of the confining zone and the formations constituting or contributing to that zone, including, but not limited to, a description of the lithology, extent, thickness, permeability, porosity, transmissive faults, fractures, water or water source content, and susceptibility to vertical propagation of fractures, of the confining formations; if any of the features of the confining zone and overburden described in this subsection (a)(6)(A) are unknown, the applicant should so state;

B) the anticipated surface treating pressure range (Section 1-35(b)(6)(B) of the Act);

C) the maximum anticipated injection treating pressure (Section 1-35(b)(6)(C) of the Act);

D) the estimated or calculated fracture pressure of the producing and confining zones (Section 1-35(b)(6)(D) of the Act);

E) the planned depth of all proposed perforations or depth to the top of the open hole section (Section 1-35(b)(6)(E) of the Act); and

F) the anticipated type, source and volume of the base fluid anticipated to be used in the high volume horizontal hydraulic fracturing treatment;

7. Scaled Plat Maps, Diagrams or Cross-sections

A) A scaled plat map showing the well location and all known previous well bores within 750 feet of any part of the horizontal well bore that penetrated within 400 vertical feet of the formation that will be stimulated as part of the high volume horizontal hydraulic fracturing operations (Section 1-35(b)(7) of the Act). If the well bores are present, then also include the following information for each well bore: well name, location and permit number;

B) a scaled map showing the proposed unit, including the unit boundaries and the location of the proposed well, well pad, well site, access road and any other operating facilities;

C) a scaled top-view diagram showing the well location, direction of drilling below the surface entry point to the intersection with the formation to be stimulated, and the horizontal leg to its total length. Also indicate the location at the surface of all known previous well bores within 750 feet of any part of the horizontal well bore that penetrated within 400 vertical feet of the formation that will be stimulated as part of the HVHHF operations; and

D) a scaled cross-section of the well bore from the surface through the horizontal leg's total length, providing the information required in subsections (a)(4) and (a)(5), and showing the formations to be stimulated as described in subsection (a)(6)(A);

8. Chemical Disclosure Report

Unless the applicant documents to the Department's satisfaction why the information is not available at the time the application is submitted (in which case the applicant shall comply with Sections 245.700 and 245.720), a chemical disclosure report identifying each chemical and proppant anticipated to be used in hydraulic fracturing fluid for each stage of the high volume horizontal hydraulic fracturing operations (Section 1-35(b)(8) of the Act). If this information is not available pursuant to a trade secret claim under Sections 245.700 and 245.720, the permittee shall submit redacted and un-redacted copies of the documents identifying the specific information on the master list of chemicals claimed to be protected as trade secrets. The Department shall use the redacted copies when posting the master list of chemicals on its website. The redacted copy must also be submitted to the certified local public health department. The report must contain the following:

A) for each stage, the total volume of water anticipated to be used in the high volume horizontal hydraulic fracturing treatment of the well or the type and total volume of the base fluid anticipated to be used in the high volume horizontal hydraulic fracturing treatment, if something other than water (Section 1-35(b)(8)(A) of the Act). If the total volume has not been determined at the time of the application, the permittee shall submit an estimate for the maximum volume of water or base fluid anticipated to be used;

B) each hydraulic fracturing additive anticipated to be used in the hydraulic fracturing fluid, including the trade name, vendor, a brief descriptor of the intended use or function of each hydraulic fracturing additive, and the MSDS if applicable (Section 1-35(b)(8)(B) of the Act). If this information is not available under Sections 245.700 and 245.720, the chemical family and chemical effects of each additive must be disclosed. If the additives have not been determined at the time of the application, the permittee must submit all possible additives that could be used;

C) each chemical anticipated to be intentionally added to the base fluid, including, for each chemical, the CAS number, if applicable (Section 1-35(b)(8)(C) of the Act). If this information is not available under Sections 245.700 and 245.720, the chemical family and chemical effects of each chemical must be disclosed. If the chemicals have not been determined at the time of the application, the permittee must submit all possible chemicals that could be used;

D) the anticipated concentration in the base fluid, in percent by mass, of each chemical to be intentionally added to the base fluid (Section 1-35(b)(8)(D) of the Act) as calculated by the equation Mass Percent = g solute/g solution X 100. If the concentration has not been determined at the time of the application, the permittee shall submit an estimate and identify such as an estimate; and

E) at or before the time of the applicant's filing of its first application under the Act, the applicant must have on file with the Department a master list of chemicals, as required in Section 1-77 of the Act;

9. Water Use Self-Certification

A self-certification explaining the applicant's compliance with the Water Use Act of 1983 [525 ILCS 45] and applicable regional water supply plans (Section 1-35(b)(9) of the Act), and including receipt or other proof of the applicant's delivery of the plan to the applicable Soil and Water Conservation District and any community water supply, as defined in Section 5 of the Public Water Supply Operations Act [415 ILCS 45/5], within 20 miles of the proposed water source;

10. Water Source Management Plan

A) If fresh water is anticipated to be used in the high volume horizontal hydraulic fracturing treatment, a water source management plan that shall include the following information (Section 1-35(b)(10) of the Act):

i) the name and location (county, latitude, longitude) of the source of the fresh water, such as surface or groundwater, anticipated to be used for water withdrawals, and the anticipated withdrawal location (Section 1-35(b)(10)(A) of the Act);

ii) the anticipated volume and rate of each fresh water withdrawal from each withdrawal location (Section 1-35(b)(10)(B) of the Act);

iii) the anticipated months when fresh water withdrawals shall be made from each withdrawal location (Section 1-35(b)(10)(C) of the Act);

iv) the methods to be used to minimize fresh water withdrawals as much as feasible (Section 1-35(b)(10)(D) of the Act); and

v) the methods to be used for surface water withdrawals to minimize adverse impact to aquatic life (Section 1-35(b)(10)(E) of the Act);

B) Additional Information. Pursuant to Section 1-35(b)(20) of the Act, with its Water Source Management Plan, the applicant shall:

i) specify the methods to be utilized for accurately monitoring the amount of water from each source and how that data will be recorded and maintained;

ii) specify the methods of transportation and/or delivery of withdrawn surface water to the well site;

iii) if recycled water is anticipated to be used in the HVHHF treatment, describe the source of the recycled water and the anticipated water to be used; and

iv) if water other than fresh water or recycled water is anticipated to be used in the HVHHF treatment:

• describe the source of that other water and the anticipated volume to be used; and

• if the water derives from a river, lake, stream, other surface water or groundwater and, but for the total dissolved solids (TDS) levels, would be considered fresh water, provide the information required by subsection (a)(10)(A);

C) Where a surface water source is wholly contained within a single property, and the landowner of the property expressly agrees in writing to its use for fresh water withdrawals, the applicant is not required to include this surface water source in the fresh water withdrawal and management plan (Section 1-35(b)(10) of the Act). For this exception to apply, the water use agreement with the landowner of the property must be provided with the permit application. Any confidential provisions of a water use agreement may be redacted by the applicant;

11. Hydraulic Fracturing Fluids and Flowback Plan

A) A hydraulic fracturing fluids and flowback plan for the handling, storage, transportation, and disposal, recycling, or reuse of hydraulic fracturing fluids and hydraulic fracturing flowback consistent with the requirements of Subpart H. The plan shall identify the specific Class II injection well or wells that will be used to dispose of the hydraulic fracturing flowback or the facilities where the hydraulic fracturing flowback will be reused or recycled. The plan shall describe the capacity of the tanks to be used for the capture and storage of flowback and of the lined reserve pit to be used, if necessary, to temporarily store any flowback in excess of the capacity of the tanks. Identification of the Class II injection well or wells shall be by name, identification number, and specific location and shall include the date of the most recent mechanical integrity test for each Class II injection well (Section 1-35(b)(11) of the Act);

B) Additional Information. Pursuant to Section 1-35(b)(20) of the Act, the applicant shall also describe the anticipated hydraulic fracturing flowback, the expected flowback rate and amount, and the frequency at which the storage tanks will be emptied;

12. Well Site Safety Plan

A) A well site safety plan to:

i) address proper safety measures to be employed during high volume horizontal hydraulic fracturing operations for the protection of persons on the well site (Section 1-35(b)(12) of the Act) that complies with federal and State law, including applicable OSHA regulations; and

ii) address proper safety measures to be employed during high volume horizontal hydraulic fracturing operations for the protection of the general public (Section 1-35(b)(12) of the Act) that complies with federal and State law;

B) Additional Information. Pursuant to Section 1-35(b)(20) of the Act, the applicant shall also address proper safety measures to be employed during an emergency, such as whether local responders have appropriate equipment and training to respond to an emergency at a well site, identify the presence of any hazardous materials used or stored at the well site, and ensure the applicant has contact information for all appropriate emergency responders and that the applicant's contact information is made available to emergency responders;

13. Containment Plan

A containment plan describing the containment practices and equipment to be used and the area of the well site where containment systems will be employed (Section 1-35(b)(13) of the Act) to be compliant with Sections 245.820, 245.825 and 245.830;

14. Casing and Cementing Plan

A casing and cementing plan that describes the casing and cementing practices to be employed, including the size of each string of pipe, the starting point, and depth to which each string is to be set and the extent to which each string is to be cemented (Section 1-35(b)(14) of the Act) to be compliant with Sections 245.530, 245.560 and 245.570;

15. Traffic Management Plan

A) A traffic management plan that is developed by the applicant, identifying the impacted highway authorities (county, township, road district system, and municipal street system, as applicable), to identify the anticipated roads, streets, and highways that will be used (Section 1-35(b)(15) of the Act) to facilitate the well site construction, drilling operations, HVHHF operations, production, and continued operations of the well site. The applicant shall include contact information for the applicant's representative with knowledge of the traffic management plan and contact information for a representative of each impacted highway authority. The applicant shall submit copies of the traffic management plan to the impacted highway authority, when the applicant submits the application to the Department, to provide the highway authority time to submit comments to the Department, if desired.

B) Additional Information. Pursuant to Section 1-35(b)(20) of the Act, the applicant shall also include:

i) a scaled map of the proposed routes, including but not limited to any access roads, that the applicant intends to use to construct the well site or to perform HVHHF operations, production and continued operations, for at least a 10 mile radius around the well site, identifying all the different highway jurisdictions, as well as any structures or property lines relevant to demonstrating compliance with Section 245.410 and 765 ILCS 530;

ii) anticipated start and end dates for well site construction and drilling operations, HVHHF operations, and other high traffic operations; and

iii) any management measures that will be used to minimize stress to local roads and/or impact on regular traffic flow;

16. Owner Information

The names and addresses of all owners of any real property surface interest within 1,500 feet of the proposed well site as disclosed by the records in the office of the recorder of the county or counties (Section 1-35(b)(16) of the Act);

17. Public Notice Drafts

Drafts of the specific public notice and general public notice as required by Section 245.250 using the forms provided by the Department (Section 1-35(b)(17) of the Act);

18. Restoration Statement

A) A statement that the well site at which the HVHHF operation will be conducted will be restored in compliance with 62 Ill. Adm. Code 240.1181 and Section 1-95 of the Act (Section 1-35(b)(18) of the Act).

B) Additional Information. Pursuant to Section 1-35(b)(20) of the Act, the applicant shall provide:

i) Its proposed strategy for the pre-HVHHF operations plugging of previously abandoned unplugged or insufficiently plugged wells identified in subsection (a)(7)(A). For any well bores identified in subsection (a)(7)(A), this strategy shall demonstrate that the well bores are sufficiently plugged as described in Section 245.815(b) or that the well bores will be plugged pursuant to Section 245.1010;

ii) A strategy for restoration of lands used by the permittee other than the well site and production facility pursuant to Section 245.1020; and

iii) A strategy for the plugging of the well and the restoration of the well site to be in compliance with 62 Ill. Adm. Code 240.Subpart K and Sections 245.1000 and 245.1030 of this Part;

19. Proof of Insurance

Proof of insurance indicating that the applicant/operator performing, itself or through a contractor, HVHHF operations at the proposed well is insured to cover injuries, damages, or loss related to pollution in the amount of at least $5,000,000 per occurrence (Section 1-35(b)(19) of the Act);

20. Water Quality Monitoring Work Plan

The work plan to ensure accurate and complete water quality sampling and testing (Section 1-80(a) of the Act) as set forth in Section 245.600(a), reviewed and certified by a professional engineer or professional geologist;

21. Applicant Disclosure

Disclosure of and a written explanation for the following, which must be supplemented if any changes occur after the application is submitted:

A) Any conviction, adjudication or finding of fraudulent, coercive, or dishonest practices, or demonstrating incompetence, untrustworthiness, or financial irresponsibility in the conduct of business in this State or elsewhere (Section 1-60(a)(4) of the Act);

B) Any revocation of a high volume horizontal hydraulic fracturing permit, or its equivalent, in any other state, province, district, or territory for incurring a material or major violation or using fraudulent or dishonest practices (Section 1-60(a)(5) of the Act).

b) Additional Information. Pursuant to Section 1-35(b)(20) of the Act, the Department may request additional information from the applicant. This information is not automatically incorporated in the permit as a permit condition (see Section 1-55(a) of the Act), as are the plans described in the subsections specified in subsection (a). The applicant shall submit the following information:

1. Registration Certification

Certification that the applicant's registration information provided pursuant to Section 245.200 is accurate and up to date;

2. Topsoil Preservation

A strategy for compliance with the requirement to preserve topsoil as required by Section 245.410;

3. Fugitive Dust Control

A strategy for compliance with the requirement to implement practices to control fugitive dust as required by Section 245.410;

4. Contractor Information

A statement indicating whether the applicant or a contractor will be performing the HVHHF operations. If a contractor will be performing the HVHHF operations, provide the contractor's name, address and telephone number, and the direct telephone number of the person responsible for HVHHF operations at the well site for the contractor. If any information is not known about the contractor at this time, the application shall be supplemented as soon as possible and in all events before the HVHHF operations begin;

5. Violations Report

A violations report indicating whether the applicant or any parent, subsidiary or affiliate of the applicant has pending Notices of Violations or Director's Decisions under the Act, this Part, the Illinois Oil and Gas Act, or the administrative rules promulgated under that Act;

6. Emissions Management

A statement of which of the methods for managing natural gas and hydrocarbon fluids produced during the flowback period and production period the applicant will use, as required by Sections 245.845(a) and (b) and 245.900(a) through (c). If the applicant indicates in this statement that it intends to request an exemption or waiver under Section 245.845(c) or (f), 245.900(d) or (i), or 245.920, it must include that fact in the statement and attach the substantiation for the request that is required by Section 245.845, 245.900 or 245.920, as applicable;

7. The applicant shall submit a radioactive materials management strategy to test for and identify, manage, transport and dispose of any radioactive materials utilized or generated during the course of HVHHF operations. The proposed strategy shall ensure that any wastes generated that are low-level radioactive waste comply with the waste management requirements specified in the strategy. The radioactive materials management strategy shall include:

A) An initial site sampling plan that will determine the concentrations of total dissolved solids, gross alpha, gross beta, radium-226, radium-228 and potassium-40 of the soil, private wells and surface water within 1500 feet of the well site;

B) A strategy for radiation testing of the drill cuttings from the black shale, the hydraulic fracturing flowback, and the well site as part of the site restoration, including reserve pits and any surface waters within 1500 feet of the well site. The strategy shall include surveys, of a specified frequency, of equipment and waste streams prior to disposal, maintenance or recycling.

c) When an application is made to conduct high volume horizontal hydraulic fracturing operations at a well site located within the limits of any city, village, or incorporated town, the application shall state the name of the city, village, or incorporated town and be accompanied with a certified copy of the official consent for the high volume horizontal hydraulic fracturing operations to occur from the municipal authorities where the well site is proposed to be located. No permit shall be issued unless consent is secured and filed with the permit application. In the event that a modification to the permit is subsequently sought for an amended location or any other significant permit deviation, a new certified consent is required for the amended location. (Section 1-35(c) of the Act)

d) If any part of the well or well site identified in subsection (a)(2) is in an area identified by the U.S. Geological Service as having a 2% or more probability of exceedance (in 50 years) of peak ground acceleration of 0.4 standard gravity (g) or more, then the plans submitted per subsections (a)(11) (Hydraulic Fracturing Fluids and Flowback Plan), (a)(12) (Well Site Safety Plan), (a)(13) (Containment Plan) and (a)(14) (Casing and Cementing Plan) shall identify measures the applicant will take to protect the components in those plans against an earthquake of M 4.5 or more, and the insurance policy identified in subsection (a)(19) shall have a rider providing coverage against loss or claims resulting from impacts from any aspect of the permitted operations following earthquakes of M 4.5 or more.

e) If any part of the well or well site identified in subsection (a)(2) is in an area identified as a floodplain under 17 Ill. Adm. Code 3700 or 3706, it shall be considered a construction under either or both of those Parts and the applicant shall be responsible for obtaining all permits under Part 3700 or 3706, whichever is applicable, and the insurance policy identified in subsection (a)(19) shall have a rider providing coverage against loss or claims resulting from impacts from any aspect of the permitted operations following floods.

f) The permit application shall be accompanied by a bond or equivalent financial instrument as required by Section 245.220(a) (Section 1-35(d) of the Act).

g) Each application for a permit under this Part shall include payment of a non-refundable fee of $13,500 (Section 1-35(e) of the Act). Checks shall be made payable to the Illinois Department of Natural Resources.

h) Each application submitted under this Part shall be signed, under the penalty of perjury, by the applicant or the applicant's designee who has been vested with the authority to act on behalf of the applicant and has direct knowledge of the information contained in the application and its attachments. Any person signing an application shall also sign an affidavit with the following certification:

"I certify, under penalty of perjury as provided by law and under penalty of refusal, suspension, or revocation of a high volume horizontal hydraulic fracturing permit, that this application and all attachments are true, accurate, and complete to the best of my knowledge." (Section 1-35(f) of the Act)

i) The permit application shall be submitted to the Department in both electronic and hard copy format at the same time. One hard copy of the permit application and all documents attached to the application shall be provided. The electronic format shall be searchable (Section 1-35(g) of the Act) and provided to the Department on compact disc, DVD or Universal Serial Bus (USB) compatible storage devices. Permittee shall also provide the Department, in electronic and hard copy format, a duplicate set of any pages containing names or addresses of individuals in which the names and addresses, except those provided pursuant to subsections (a)(1) and (b)(4), are redacted for purposes of confidentiality. Review of the permit application shall not be considered for the purposes of Section 245.230 if the Department is unable to access the submitted electronic format.

j) The application for a high volume horizontal hydraulic fracturing permit may be submitted as a combined permit application with the permittee's application to drill on a form as the Department shall prescribe. The combined application must include the information required in this Section. The submission of a combined permit application under this subsection shall not be interpreted to relieve the applicant or the Department from complying with the requirements of this Part, the Act, the Illinois Oil and Gas Act and the rules adopted under that Act. (Section 1-35(h) of the Act)

62 Ill. Adm. Code 245.220 Permit Bonds or Other Collateral Securities

a) No person shall be allowed to construct, drill, operate, perform HVHHF operations, or produce from a well for which a permit is necessary under this Part if that well is not covered and protected by a bond or other collateral securities as required by this Section.

b) All applicants for a permit under this Part, and persons requesting permit transfers, shall provide a bond at the time of filing an application for permit pursuant to Section 245.210 or at the time of filing a request for transfer of permit pursuant to Section 245.340. The bond shall be in the amount of $50,000 per permit or a blanket bond of $500,000 for all permits. (Section 1-65(a) of the Act) All bonds must meet the following requirements during the permit application process and through the entire term of an issued permit until the bond is released as provided by subsection (d):

1. Bonds shall be signed by the permittee as principal and by a good and sufficient corporate surety legally authorized to transact business as a surety in Illinois.

2. Each bond shall provide that the bond shall not be cancelled by the surety without at least 90 days' notice to the Department. Notice shall be served upon the Department in writing by registered or certified mail to the Illinois Department of Natural Resources, Attention: Office of Oil and Gas Resource Management, One Natural Resources Way, Springfield IL 62702.

3. Within the 90-day notice period and before the bond is cancelled the permittee shall deliver to the Department a replacement bond. If the replacement bond is not delivered, all activities covered by the bond shall cease at the expiration of the 90-day notice period.

4. If the authority to transact business in Illinois of any surety upon which a bond is filed with the Department is suspended or revoked, the permittee, within 30 days after receiving notice of the suspension/revocation, shall notify the Department and shall make substitution by providing a bond or other security as required by this Section. Upon the failure of the permittee to make the substitution of bond or other security, all activities covered by the bond shall cease until substitution has been made.

c) In lieu of a bond, other collateral securities such as cash, certificates of deposit, or irrevocable letters of credit under the following terms and conditions may be provided by a permittee (Section 1-65(a) of the Act):

1. Cash: Cash shall be placed in the Department's possession.

2. Certificates of Deposit

A) Certificates of deposit shall be payable to the permittee and assigned to the Department, both in writing submitted to the Department and upon the records of the bank issuing the certificates. If assigned, the Department will require the banks issuing these certificates to waive all rights of setoff or liens against the certificates.

B) The Department will not accept an individual certificate of deposit in an amount in excess of the maximum insurable amount determined by the Federal Deposit Insurance Corporation.

C) Any interest accruing on a certificate of deposit shall be for the benefit of the permittee except that accrued interest shall first be applied to any prepayment penalty when a certificate of deposit is forfeited by the Department.

D) The certificate of deposit, if a negotiable instrument, shall be placed in the Department's possession. If the certificate of deposit is not a negotiable instrument, a withdrawal receipt, endorsed by the permittee, shall be placed in the Department's possession.

3. Letters of Credit

A) The letter may only be issued by a bank organized or authorized to do business in the United States (issuing bank). If the issuing bank does not have an office for collection in Illinois, there shall be a confirming bank designated that is authorized to accept, negotiate and pay the letter upon presentment in Illinois.

B) Letters of credit shall be irrevocable during their terms. A letter of credit shall be forfeited and shall be collected by the Department if not replaced by other suitable bond or other collateral securities at least 30 days before its expiration date.

C) The letter of credit shall be payable to the Department upon demand, in part or in full, upon receipt from the Department of a notice of forfeiture issued in accordance with subsection (e).

D) The Department will not accept a letter of credit in excess of 10% of the issuing bank's total capital and surplus accounts, as certified by the President of the bank providing the letter of credit and as evidenced by the most recent quarterly Call Report provided to the Federal Deposit Insurance Corporation.

E) The letter of credit shall provide on its face that the Department, its lawful assigns, or the attorneys for the Department or its assigns may sue, waive notice and process, appear on behalf of, and confess judgment against the issuing bank (and any confirming bank) in the event that the letter of credit is dishonored. The letter of credit shall be deemed to be made in Sangamon County, Illinois, for the purpose of enforcement and any actions thereon shall be enforceable in the Courts of Illinois, and shall be construed under Illinois law.

d) The bond or other collateral securities shall remain in force until the well is plugged, abandoned and restored, or transferred. Upon plugging, abandoning and restoring, or transferring a well to the satisfaction of the Department and in accordance with the Illinois Oil and Gas Act, the bond or other collateral securities shall be promptly released by the Department. Upon the release by the Department of the bond or other collateral securities, any cash or collateral securities deposited shall be returned by the Department to the applicant or permittee who deposited it. (Section 1-65(b) of the Act)

e) If, after notice and the opportunity for hearing, the Department determines that any of the requirements of the Act or this Part or the orders of the Department have not been complied with within the time limit set by any notice of violation issued thereunder, the permittee's bond or other collateral securities shall be subject to forfeiture pursuant to the following procedure (Section 1-65(c) of the Act):

1. A permittee's failure to comply with the Department's order finding a violation of the Act or this Part constitutes grounds for bond forfeiture.

2. The Department will send written notification by certified mail, return receipt requested, to the permittee and the surety on the bond, if any, informing them of the determination to forfeit the bond pursuant to subsection (e)(1).

3. The Department may allow a surety to correct the violation if the surety can demonstrate an ability to complete the corrective work in accordance with the requirements of the Act and this Part. No surety liability shall be released until the successful correction of the violation ordered by the Department.

4. In the event forfeiture of the bond or other collateral securities is warranted by subsection (e)(1), the Department will afford the permittee the right to a hearing, if the hearing is requested in writing by the permittee within 30 days after the bond forfeiture notification is received in accordance with subsection (e)(2). If the permittee does not request a hearing within the 30-day period, the determination to forfeit the bond shall be a final administrative decision. If a hearing is requested by the permittee, the hearing shall be scheduled within 30 days after the receipt of the request for hearing, and shall be conducted by a Hearing Officer.

5. At the bond forfeiture hearing, the Department will present evidence and has the burden of proof to support its determination to forfeit the bond under subsection (e)(1). The permittee may present evidence contesting the Department's determination. The Hearing Officer may administer oaths and affirmations, subpoena witnesses and written or printed materials, compel attendance of witnesses or production of those materials, compel discovery, and take evidence.

6. Within 30 days after the close of the record for the bond forfeiture hearing, the Hearing Officer shall issue recommended findings of fact, recommended conclusions of law and recommendations as to the disposition of the case.

7. The Director or his or her designee shall review the administrative record in a contested case, in conjunction with the Hearing Officer's recommended findings of fact, recommended conclusions of law and recommendations as to the disposition of the case. The Director or designee, shall then issue the Department's final administrative decision affirming, vacating or modifying the Hearing Officer's decision.

8. In no way will payment under this bond exceed the aggregate administrative penalty as specified in the Notice of Violation or Director's Decision. (Section 1-65(c) of the Act)

9. Forfeiture under this subsection (e) shall not limit any duty of the permittee to mitigate or remediate harms or foreclose enforcement by the Department or the Agency. (Section 1-65(c) of the Act)

f) When any bond or other collateral security is forfeited under the provisions of the Act or this Part, the Department shall collect the forfeiture without delay. The surety shall have 30 days to submit payment for the bond after receipt of notice by the permittee or the Department of the forfeiture. (Section 1-65(d) of the Act)

g) If the permittee's bond is subject to forfeiture and used for anything other than plugging and restoration of the well and well site, the permittee shall have 30 days from the date of the Department's determination to forfeit the bond to replace the bond. Failure to replace the bond within this time shall result in the immediate cessation of activities covered by the bond and permit.

h) All forfeitures shall be deposited in the Mines and Minerals Regulatory Fund to be used, as necessary, to mitigate or remediate violations of the Act or this Part. (Section 1-65(e) of the Act)

62 Ill. Adm. Code 245.230 Permit Application Receipt and Department Review

a) All registrants who anticipate filing a permit application with the Department shall notify the Office of Oil and Gas Resource Management at least 5 business days before the anticipated date of filing by both email at DNR.HFApplication@partner.illinois.gov and by telephone at 217-782-7756 to advise the Office of the anticipated permit filing. The registrant shall provide the name of the applicant and the name and telephone number of an applicant contact person in case the Office has any questions.

b) In no event will a permit application be considered received until after one full business day following the delivery to the Department of all the materials required by Section 245.210. When the Department has in its possession all of the required materials, the Department will promptly check the materials to see that all of the components listed in Section 245.210 are present and are in such format and detail that the Department will be able to review the proposed plans and activities. The Department, before the end of the first full business day following delivery, will determine whether the components are present and can be subject to permit review. If the Department so determines, the application will be considered received effective start of business the first full business day following the completeness check, and the applicant will be so notified. The determination and notification will in no way signify any Department approval of the adequacy of any component of the application, or all of it, only its submission and susceptibility to review. If the Department, however, determines that the application has any patently or facially incomplete or deficient parts or components, the Department will promptly notify the applicant that it does not consider the application properly submitted or received.

c) Upon receipt of a permit application, the Department shall provide notice to the applicant that the permit application was received (Section 1-40(b) of the Act) and of the following:

1. the review number assigned by the Department to the permit application;

2. the date of receipt of the permit application;

3. the dates of the public comment period on the permit application; and

4. the date, time and address of the public hearing and the name of the Hearing Officer scheduled to preside over the public hearing for the permit application that will apply should a request for public hearing be filed.

d) Any application received by the Office after 12:00 p.m. (Central Standard Time) will be considered received on the following business day.

e) Upon receipt of a permit application, the Department shall have no more than 60 calendar days from the date it receives the permit application to approve, with any conditions the Department may find necessary, or reject the application for the high volume horizontal hydraulic fracturing permit. The applicant may waive, in writing, the 60-day deadline upon its own initiative or in response to a request by the Department. (Section 1-35(i) of the Act)

f) If, during the review period, the Department determines that the permit application is not complete under the Act, does not meet the requirements of Section 245.210, or requires additional information, the Department shall notify the applicant in writing of the application's deficiencies and allow the applicant to correct the deficiencies and provide the Department any information requested to complete the application. If the applicant fails to provide adequate supplemental information, the Department may reject the application. (Section 1-35(j) of the Act)

62 Ill. Adm. Code 245.240 Public and Governmental Notice by the Department

a) Within 5 calendar days after the Department's receipt of the high volume horizontal hydraulic fracturing permit application, the Department shall post notice of its receipt and a copy of the permit application on its website. Except for the names and addresses provided in the permit application pursuant to Section 245.210(a)(1) and (b)(4), all other names and addresses of individuals provided in the permit application shall be considered confidential and shall not be posted on the Department's website. The notice shall include (Section 1-40(a) of the Act):

1. the date the application was received by the Department;

2. the dates of the public comment period (Section 1-40(a) of the Act) for the permit application;

3. directions for interested parties to submit comments (Section 1-40(a) of the Act) or objections (Section 1-50(a) of the Act);

4. the review numbers assigned by the Department to the permit application;

5. the date, time and address of the public hearing and the name and mailing address of the Hearing Officer scheduled to preside over the public hearing on the permit application should a request for public hearing be filed; and

6. directions for any person having an interest that is or may be adversely affected, any government agency that is or may be affected, or the county board of a county to be affected under a proposed permit on how and when to request a public hearing on the permit application (Section 1-50(a) of the Act).

b) Within 5 calendar days after the Department's receipt of the permit application, the Department shall provide the Agency, the Office of the State Fire Marshal, Illinois State Water Survey, Illinois State Geological Survey, and the certified local public health department where the well site is located with notice of the application (Section 1-40(b) of the Act).

c) Within 5 calendar days after the Department's receipt of the permit application, the Department shall provide a copy of the permit application's well site safety plan to the Office of the State Fire Marshal (Section 1-35(b)(12) of the Act).

d) Within 5 calendar days after the Department's receipt of the permit application, the Department shall provide a copy of the permit application's containment plan to the Office of the State Fire Marshal (Section 1-35(b)(13) of the Act).

e) Within 5 calendar days after the Department's receipt of the permit application, the Department shall provide a copy of the permit application's traffic management plan to the Office of the State Fire Marshal (Section 1-35(b)(15) of the Act).

f) Public Hearing Notice: At least 10 calendar days before the date of the public hearing, the Department shall publish notice of the public hearing in a newspaper of general circulation published in, or as near possible to, the county where the proposed well site will be located (Section 1-50(d) of the Act). The notice shall include:

1. the date, time and place of the public hearing;

2. the name and mailing address of the Hearing Officer scheduled to preside over the public hearing;

3. the purpose of the public hearing and the name of the applicant;

4. the legal description, per the Public Land Survey System, of the proposed well site and unit area;

5. the review number for the permit application; and

6. a statement that any person having an interest that is or may be adversely affected, any government agency that is or may be affected, or the county board of a county to be affected under a proposed permit may file (Section 1-40(c)(3)(G) of the Act) a request for public hearing on the permit application pursuant to Section 245.270.

62 Ill. Adm. Code 245.250 Public and Governmental Notice by the Permit Applicant

a) The applicant shall provide the following public and governmental notice (Section 1-40(c) of the Act):

1. Applicants shall mail specific public notice by U.S. Postal Service certified mail, return receipt requested, within 3 calendar days after submittal of the high volume horizontal hydraulic fracturing permit application to the Department to:

A) all persons identified in Section 245.210(a)(16) as owners of any real property surface interest within 1,500 feet of the proposed well site as disclosed by the records in the office of the recorder of the county or counties;

B) the governing body of each municipality in which the well is proposed to be located; and

C) the county board of each county in which the well is proposed to be located. (Section 1-40(c)(1) of the Act)

2. Except as otherwise provided in this subsection (a)(2), applicants shall provide general public notice by publication, once each week for 2 consecutive weeks, beginning no later than 3 calendar days after submittal of the high volume horizontal hydraulic fracturing permit application to the Department, in a newspaper of general circulation published in or, if necessary, as near possible to each county where the well proposed for high volume horizontal hydraulic fracturing operations is proposed to be located. If a well is proposed for high volume horizontal hydraulic fracturing operations in a county where there is no daily newspaper of general circulation, applicant shall provide general public notice, by publication, once each week for 2 consecutive weeks, in a weekly newspaper of general circulation in that county beginning as soon as the publication schedule of the weekly newspaper permits, but in no case later than 10 days after submittal of the high volume horizontal hydraulic fracturing permit application to the Department. (Section 1-40(c)(2) of the Act)

3. Within 15 calendar days after submitting the permit application to the Department, the applicant must provide a copy of the permit application's well site safety plan to the county or counties and all local fire departments with jurisdictions covering the well site in which high volume horizontal hydraulic fracturing operations will occur. (Section 1-35(b)(12) of the Act)

4. Within 15 calendar days after submitting the permit application to the Department, the applicant must provide a copy of the permit application's traffic management plan to the county or counties in which the well site is located and any impacted highway authorities identified in the traffic management plan pursuant to Section 245.210(a)(15) (Section 1-35(b)(15) of the Act).

5. The specific and general public notices required under subsections (a)(1) and (a)(2) shall be on forms provided by the Department and shall contain the following information (Section 1-40(c)(3) of the Act):

A) the name and address of the applicant (Section 1-40(c)(3)(A) of the Act);

B) the date the application for a high volume horizontal hydraulic fracturing permit was received by the Department (Section 1-40(c)(3)(B) of the Act);

C) the dates for the public comment period and a statement that anyone may file written comments, objections and recommendations about any portion of the applicant's submitted high volume horizontal hydraulic fracturing permit application with the Department during the public comment period (Section 1-40(c)(3)(C) of the Act);

D) the proposed well name, review number assigned by the Department, well location, and legal description per the Public Land Survey System of the well, well site, and its unit area (Section 1-40(c)(3)(D) of the Act). The well location shall be surveyed by an Illinois licensed land surveyor and the description of the surveyed well location shall also include the legal description, the GPS latitude and longitude location, and ground elevation of the well. The GPS location shall be recorded as degrees and decimal degrees recorded to 6 decimal places in the North American Datum 1983 projection and shall be accurate to within 3 feet. The reported GPS location is required to be an actual GPS field measurement and not a calculated or conversion measurement;

E) a statement that the information filed by the applicant in its application for a high volume horizontal hydraulic fracturing permit is available from the Department through its website (Section 1-40(c)(3)(E) of the Act);

F) the Department's website and the address and telephone number for the Department's Office of Oil and Gas Resource Management (Section 1-40(c)(3)(F) of the Act);

G) a statement that any person having an interest that is or may be adversely affected, any government agency that is or may be affected, or the county board of a county to be affected under a proposed permit, may file written objections to a permit application and may request a public hearing pursuant to Section 245.270 (Section 1-40(c)(3)(G) of the Act); and

H) the date, time and address of the public hearing and the name and address of the Hearing Officer scheduled to preside over the public hearing for the permit application should a request for public hearing be filed.

b) After providing the public notice as required under subsection (a), the applicant shall supplement its permit application by providing the Department with a certification and documentation that the applicant fulfilled the public notice requirements of this Section no later than 35 days after the Department's receipt of the permit application (Section 1-40(d) of the Act).

c) If multiple applications are submitted at the same time for wells located on the same well site, the applicant may use one public notice for all applications provided the notice is clear that it pertains to multiple well applications and conforms to the requirements of this Section (Section 1-40(e) of the Act).

62 Ill. Adm. Code 245.260 Public Comment Periods

a) The initial public comment period shall begin 7 calendar days after the Department's receipt of the permit application and last for 30 calendar days (Section 1-45(a) of the Act). During the initial public comment period, any person may file written comments to the Department concerning any portion of the permit application and any issue relating to the applicant's compliance with the requirements of the Act (Section 1-45(c) of the Act), this Part, the Illinois Oil and Gas Act and the administrative rules promulgated under that Act.

b) When a public hearing is conducted under Section 245.270, the Department shall provide for an additional public comment period to allow for comments in response only to evidence and testimony presented at the hearing. The additional public comment period shall begin on the day after the close of the evidence at the public hearing and last for not more than 15 days, taking into consideration that the Department shall have no more than 60 days from the date it receives the permit application to approve or reject the permit application. (Sections 1-45(b) and 1-35(i) of the Act)

c) Written public comments may be filed via mail or electronically.

1. Written public comments may be mailed to the Department at Illinois Department of Natural Resources, Attention: Oil and Gas Regulatory Staff, One Natural Resources Way, Springfield IL 62702.

2. Written public comments may be sent electronically to the Department based on the information provided in the Department's notice posted on its website.

d) All public comments must include the review number assigned by the Department to the permit application and be received by the Office of Oil and Gas Resource Management by 5:00 p.m. on the last day of the applicable public comment period to be eligible for Department consideration during the permit review process set forth in this Part.

e) The Department may request that the applicant respond to any substantive public comments, objections and recommendations obtained during the public comment periods (Section 1-45(d) of the Act).

f) If, during the review period, the Department allows the applicant to correct deficiencies pursuant to Section 245.230(f), the Department may require an additional public comment period or hearing related specifically to those changes made in the application. If there is not sufficient time to hold an additional comment period or hearing within the 60 calendar days to make a permit decision, the applicant must waive the 60-day deadline or the Department may reject the application.

62 Ill. Adm. Code 245.270 Public Hearings

a) Participation

1. When a permit application to conduct high volume horizontal hydraulic fracturing operations for the first time at a particular well site is received by the Department, any person having an interest that is or may be adversely affected, any government agency that is or may be affected, or the county board of a county to be affected under a proposed permit, may file a written request for public hearing (Section 1-50(a) of the Act).

2. The request for hearing shall be served by electronic mail or certified mail, return receipt requested, upon the Hearing Officer, the Department, and the applicant. All requests for hearing shall be received by the Department before 5 p.m. on the last day of the initial public comment period established under Section 245.260(a).

3. The request for hearing shall contain a short and plain statement:

A) stating the permit review number and acknowledging the date, time and location of the hearing;

B) identifying the person, government agency or county and:

i) if a person, stating facts demonstrating that the person has an interest that is or may be adversely affected (Section 1-50(a) of the Act);

ii) if a government agency, stating facts demonstrating that the government agency is or may be affected by the proposed permit; and

iii) if a county, stating facts demonstrating that it will be affected by the proposed permit;

C) identifying each objection to, or concern with, the permit application and, to the extent possible, explaining the specific fact or facts upon which each objection or concern is based;

D) referencing any statute, Section and/or regulation upon which each objection or concern is based;

E) hearing requestors are encouraged, in addition, to list:

i) known witnesses that will or may be called at the hearing, including, if possible, their name, address and phone number, and a summary of their expected testimony and, if any witness will be used as an expert, documentation (e.g., a curriculum vitae) or statement of that witness' relevant qualifications; and

ii) if known at the time of the request for hearing, any documents supporting any objection or concern. The disclosure of witnesses and documents is not required to request a hearing, but the Department, to facilitate the orderly presentation of facts, will provide optional space for that information on the Department prescribed hearing request form.

4. All requests for hearing should include copies of any documents referenced in subsection (a)(3)(E)(ii).

5. The Department shall hold a public hearing upon a request for hearing under this subsection (a), unless the request is determined by the Hearing Officer to:

A) lack an adequate factual statement for finding that the person is or may be adversely affected, that the government agency is or may be affected, or that the county is affected by the proposed permit; or

B) be frivolous by presenting grounds that are readily recognizable as devoid in merit. (Section 1-50(a) of the Act)

6. Prior to, but not less than 2 business days before, the commencement of a public hearing under this Section, any person who could have requested the hearing under subsection (a)(1) may petition the Department to participate in the hearing in the same manner as the party requesting the hearing. The petition shall be in writing and meet the requirements for requests for hearing set forth in subsection (a)(3). The petitioner shall serve the petition by electronic mail or certified mail, return receipt requested, upon the Department, the Hearing Officer, and the applicant. The petitioner shall be allowed to participate in the hearing in the same manner as the party requesting the hearing if the petition meets the requirements set forth in subsection (a)(3). (Section 1-50(b) of the Act)

b) Public Hearing Procedures and Location

1. The public hearing to be conducted under this Section shall comply with the contested case requirements of the Illinois Administrative Procedure Act [5 ILCS 100] and this Section. (Section 1-50(c) of the Act)

2. All public hearings under this Part will be held in the county where the well site is located or such other local venue as the Department deems necessary and available, but in no event more than 30 miles outside the county where the proposed well site is to be located.

c) Hearing Officer

1. All public hearings shall be conducted by a Hearing Officer designated by the Director. Hearing Officers shall be licensed to practice law in the State of Illinois with at least 5 years' experience. Hearing Officers may be employees of the Department or work for the Department pursuant to contract.

2. The Hearing Officer shall take all necessary action and shall have all powers necessary to render a decision on requests for public hearings and on petitions for participation, to avoid delay, to maintain order, to develop a clear and complete record, and to conduct a fair hearing, including the following:

A) To administer oaths and affirmations;

B) To receive relevant evidence;

C) To regulate the course of the hearing and the conduct of the parties and their counsel;

D) To consider and rule upon procedural requests;

E) To examine witnesses and direct witnesses to testify, limit the number of times any witness may testify, limit repetitive or cumulative testimony, and set reasonable limits on the amount of time each witness may testify; and

F) To require the production of documents or subpoena the appearance of witnesses, either on the Hearing Officer's own motion or for good cause shown on motion of any party of record. The Hearing Officer may require that relevant documents be provided to any party of record on his or her own motion or for good cause shown on motion of any party of record.

3. Ex parte contacts between the parties and the Hearing Officer concerning the merits of a proceeding are prohibited except upon notice and opportunity for all parties to participate. This Section does not prohibit communications concerning case status or advice concerning compliance with procedural requirements unless the area of inquiry is an area of controversy in the proceeding.

d) Disqualification of Hearing Officer

1. A Hearing Officer, on his or her own motion or that of a party, may be disqualified in a proceeding due to bias or conflict of interest. However, the fact that a Hearing Officer is an employee of or under contract with the Department does not alone serve as a basis for conflict of interest.

2. A motion for disqualification filed pursuant to this Section shall:

A) be in writing;

B) contain a statement of supporting grounds;

C) be filed with the Director and served upon all parties and the Hearing Officer; and

D) be filed not less than 2 business days before the scheduled date of the public hearing.

3. Unless the Director orders otherwise, the Hearing Officer and any party to a proceeding in which a motion is filed under this Section may file a response.

4. The Director shall rule on all motions filed pursuant to this Section immediately or as expeditiously as possible. If a motion filed under this Section is granted, the Director shall appoint a new Hearing Officer for the proceeding.

e) Postponement or Continuance of Hearing

A hearing may be postponed or continued for due cause by the Hearing Officer upon his or her own motion or upon the motion of a party to the hearing. A motion filed by a party to the hearing shall set forth facts justifying the request and attesting that the request for continuance is not for the purpose of delay. Except in the case of an emergency, motions requesting postponement or continuance shall be made in writing and shall be received by all parties to the hearing at least 2 business days prior to the scheduled hearing date. The Hearing Officer shall grant a motion requesting postponement or continuance only upon the most substantial of grounds and the public hearing is to be rescheduled as quickly as possible, taking into consideration that the Department shall have no more than 60 days from the date it receives the permit application to approve or reject the permit application.

f) Failure to Appear at Hearing

If any party, after making a proper request for public hearing, fails to appear at the hearing, absent an emergency situation beyond the party's control, that party's request for public hearing shall be dismissed. If other proper requests for public hearing remain, the public hearing will proceed with any remaining parties. If the party failing to appear is the applicant, the hearing may proceed, at the election of the requestors, for the testimony, evidence or statements that persons present wish to adduce, but absent an emergency situation beyond the applicant's control, the Department will reject the permit application. If the applicant fails to appear but sends a satisfactory written explanation to the Hearing Officer explaining why emergency circumstances out of the applicant's control existed, and the applicant waives the 60 day deadline set forth in Section 245.230(e), the Hearing Officer shall reschedule the public hearing. In such an event, the applicant shall be responsible for payment of all the costs associated with the first hearing.

g) Conduct of Hearing

1. Taking into consideration that the Department shall have no more than 60 days from the date it receives the permit application to approve or reject the permit application, pre-hearing conferences are not expected and will only be scheduled on request of a party if the Hearing Officer determines that good cause is provided to do so and delay of the public hearing will not result. Any pre-hearing conference may be conducted via telephone.

2. Taking into consideration that the Department shall have no more than 60 days from the date it receives the permit application to approve or reject the permit application based upon the information required to be supplied with permit applications, requests for hearing and petitions for participation, discovery will only be allowed for good cause shown after a motion is served on all parties, shall be at the discretion of the Hearing Officer, and shall be limited to requests for production of documents and the presence of witnesses at the public hearing. All motions for discovery are required to be made as early as possible, but in no event less than 2 business days before the scheduled date for the public hearing, and in a manner to avoid delay of the public hearing.

3. Every person, government agency or county filing a request for hearing or petition to participate at the public hearing shall enter an appearance in writing.

4. All parties in the hearing shall have the right to be represented by an attorney. Parties that are individuals do not need to be represented by an attorney. Parties required by Illinois law to be represented by an attorney in the courts of this State must be represented by an attorney at the public hearing.

5. The Hearing Officer shall allow all parties to present statements, testimony, evidence and argument as may be relevant to the proceeding.

6. The Department shall appear at any hearing held under this Section and shall be given the opportunity to question parties or to provide evidence necessary to reach a decision on the request for hearing or petition to participate. The Department's role shall be to assist in creating a complete and accurate record at the public hearing.

7. Ruling on Participation

The Hearing Officer shall first determine and rule on whether each request for hearing satisfies the requirements of subsection (a)(5), giving due consideration to the sophistication of the petitioner and whether the petitioner is represented by counsel. If there are also petitions to participate, the Hearing Officer shall determine whether each petition to participate satisfies the requirements of subsection (a)(5). Notice provided to any person, government agency, or county pursuant to 245.240 or Section 245.250 shall not constitute standing for purposes of requesting a public hearing (Section 1-40(e) of the Act). The Hearing Officer shall base this ruling on the standards set forth in subsection (a)(5). Any Hearing Officer decision denying participation to any party under this subsection (g)(7) shall be a final administrative decision by the Department and subject to judicial review under the Administrative Review Law and rules promulgated under that Law.

8. Preliminary Matters

After ruling on participation, the following shall be addressed prior to receiving evidence at the discretion of the Hearing Officer:

A) Parties may offer preliminary exhibits, including documents necessary to present the issues to be heard, notices, proof of the notice of hearing, proof of publication and the application at issue.

B) Ruling may be made on any pending motions.

C) Any other preliminary matters appropriate for disposition prior to presentation of evidence may be addressed.

h) Evidence

1. Admissibility

The Illinois Rules of Evidence shall generally apply to these proceedings. However, evidence not admissible under those rules of evidence may be admitted, except when precluded by statute, if it is of a type commonly relied upon by reasonable, prudent persons in the conduct of their affairs. The Hearing Officer shall rule on the admissibility of evidence.

2. Official Notice

Official notice may be taken of any material fact not appearing in evidence in the record if the circuit courts of this State could take judicial notice of that fact. In addition, notice may be taken of generally recognized technical or scientific facts within the Department's specialized knowledge.

3. Case Presentation

The parties requesting the public hearing shall present their case first. If there are parties that petitioned to participate in the hearing, they will then present their case. The Hearing Officer will determine whether the Department or the applicant presents additional evidence and in what order. The Hearing Officer will determine whether to allow rebuttal evidence. All witnesses are subject to cross-examination. The Hearing Officer may allow opening statements and closing arguments.

4. Briefs

The Hearing Officer may require or allow parties to submit written briefs to the Hearing Officer within such time as the Hearing Officer shall determine, taking into consideration that the Department shall have no more than 60 days from the date it receives the permit application to approve or reject the permit application.

i) Record of Proceedings; Testimony

A complete record of the public hearings and all testimony shall be made by the Department and recorded stenographically or electronically (Section 1-50(c) of the Act). Any person testifying shall be required to do so under oath.

j) Recommended Findings

1. After the close of evidence at any public hearing held under this Section, the Hearing Officer shall prepare recommended findings regarding the objections and concerns raised by the parties at the public hearing, and identifying any potential impact on the pending permit application based on the evidence and testimony presented at the hearing.

2. The Hearing Officer shall issue and serve on all parties the recommended findings within 7 days after the close of evidence.

3. The Department shall take into consideration the recommended findings when making a permit decision consistent with Section 245.300.

62 Ill. Adm. Code 245.300 Permit Decision

a) The Department shall have no more than 60 calendar days from the date it receives the permit application to approve, with any conditions the Department may find necessary, or reject the application for the high volume horizontal hydraulic fracturing permit. The applicant may waive, in writing, the 60-day deadline upon its own initiative or in response to a request by the Department. (Section 1-35(i) of the Act)

b) For the purpose of determining whether to issue a permit, the Department shall consider and the Department's record of decision shall include (Section 1-53(b) of the Act):

1. the application for the high volume horizontal hydraulic fracturing permit, including all documentation required by Section 245.210 (Section 1-53(b)(1) of the Act);

2. all written comments received during the public comment periods and, if applicable, the complete record from the public hearing held under Section 245.270 (Section 1-53(b)(2) of the Act), and specifically including the recommended findings;

3. all supplemental information provided by the applicant in response to:

A) any public comments (Section 1-53(b)(3) of the Act);

B) recommended findings of the Hearing Officer if a public hearing was held;

C) the requirements of this Part; and

D) Department requests for information, including any information required or requested to demonstrate preparation against the risk of earthquake, flood or other natural disaster;

4. any information known to the Department as the public entity responsible for regulating high volume horizontal hydraulic fracturing operations and oil and gas operations, including, but not limited to, inspections of the proposed well site as necessary to ensure adequate review of the application (Section 1-53(b)(4) of the Act).

c) The Department shall issue a high volume horizontal hydraulic fracturing permit, with any conditions the Department may find necessary, only if the record of decision demonstrates that (Section 1-53(a) of the Act):

1. the well site location restrictions of Section 245.400 have been satisfied (Section 1-53(a)(1) of the Act);

2. the application meets the requirements of Section 245.210 (Section 1-53(a)(2) of the Act);

3. the plans required to be submitted with the application under Section 245.210 are adequate and effective (Section 1-53(a)(3) of the Act) to comply with the Act, this Part, the Illinois Oil and Gas Act, and the administrative rules promulgated under that Act;

4. the high volume horizontal hydraulic fracturing operations will be conducted in a manner that will protect the public health, public safety, property, wildlife, aquatic life and environment, and will prevent pollution or diminution of any water source (Section 1-53(a)(4) of the Act);

5. the water quality monitoring work plan required under Section 245.600 has been submitted to and approved by the Department (Section 1-53(a)(5) of the Act);

6. the applicant or any parent, subsidiary, or affiliate of the applicant has not failed to abate a violation of the Act, this Part, the Illinois Oil and Gas Act (Section 1-53(a)(6) of the Act), or the administrative rules promulgated under that Act specified in a final administrative decision of the Department or any court decisions related to that decision;

7. the Class II injection wells to be used for disposal of hydraulic fracturing flowback comply with all applicable requirements for internal and external mechanical integrity testing as required in 62 Ill. Adm. Code 240.760 and 240.770, including that the well has been tested within the previous 5 years. (Section 1-53(a)(7) of the Act) The Class II injection wells to be used for disposal of hydraulic fracturing flowback must be shown to be in compliance with 62 Ill. Adm. Code 240.360 at the time of the issuance of the high volume horizontal hydraulic fracturing permit;

8. there is no good cause to deny the permit under Section 245.310 (Section 1-53(a)(8) of the Act); and

9. The registration and permitting procedures set forth in Subpart B have been satisfied.

d) The Department shall, by U.S. Mail and electronic transmission, provide the applicant with a copy of the high volume horizontal hydraulic fracturing permit as issued or its final administrative decision denying the permit to the applicant and shall, by U.S. Mail or electronic transmission, provide a copy of the permit as issued or the final administrative decision denying the permit to any person or unit of local government who received specific public notice under Section 245.240 or 245.250 or participated in any public hearing under Section 245.270. (Section 1-53(c) of the Act)

e) The Department's decision to approve or deny a high volume horizontal hydraulic fracturing permit shall be considered a final administrative decision subject to judicial review under the Administrative Review Law [735 ILCS 5/Art. III] and the rules adopted under that Law (Section 1-53(d) of the Act).

f) Following completion of the Department's review process, the Department's website shall indicate whether an individual high volume horizontal hydraulic fracturing permit was approved or denied and provide a copy of the approval or denial (Section 1-53(e) of the Act).

g) The complete administrative record of the permit decision shall be maintained and shall be accessible to the public on the Department's website until final release of the applicant's bond pursuant to Section 245.220(d) (Section 1-50(c) of the Act).

62 Ill. Adm. Code 245.310 Permit Denial

In addition to failing to meet the requirements of Section 245.300(c)(1) through (c)(7), the Department may also refuse to issue a high volume horizontal hydraulic fracturing permit for one or more of the following causes (Section 1-60(a) of the Act):

a) providing incorrect, misleading, incomplete, or materially untrue information in a permit application or any document required to be filed with the Department during the permit application process (Section 1-60(a)(1) of the Act);

b) using fraudulent, coercive, or dishonest practices, or demonstrating incompetence, untrustworthiness, or financial irresponsibility in the conduct of business in this State or elsewhere (Section 1-60(a)(4) of the Act);

c) having a high volume horizontal hydraulic fracturing permit, or its equivalent, revoked in any other state, province, district, or territory for incurring a material or major violation or using fraudulent or dishonest practices (Section 1-60(a)(5) of the Act); or

d) an emergency condition exists under which conduct of the high volume horizontal hydraulic fracturing operations would pose a significant hazard to public health, public safety, property, aquatic life, wildlife, or the environment (Section 1-60(a)(6) of the Act).

62 Ill. Adm. Code 245.320 Permit Conditions

a) Each permit issued by the Department shall require the permittee to comply with all provisions of the Act, this Part, the Illinois Oil and Gas Act, the administrative rules promulgated under that Act, and all other applicable local, State, and federal laws, rules, and regulations in effect at the time the permit is issued (Section 1-55(a) of the Act).

b) The permit application and all plans, maps, and diagrams submitted with the application shall be incorporated into and be conditions of the permit (Section 1-55(a) of the Act).

c) The Department shall include any additional terms or conditions on the permit that, based on its review of the permit application, the Department determines to be necessary to ensure the goals and requirements of the Act and this Part.

d) A permit, and all conditions to the permit, issued under this Part shall last until plugging and restoration in compliance with this Part, the Act, the Illinois Oil and Gas Act, and the administrative rules promulgated under that Act are completed to the Department's satisfaction (Section 1-55(b) of the Act).

e) The permittee shall also be responsible for adjusting to field conditions as necessary during well drilling and construction (see Subpart F), HVHHF operations, and hydraulic fracturing flowback periods (see Subpart H), to ensure protection of public health, public safety, property, wildlife, aquatic life, and the environment as long as the actions are adequate and effective to comply with the Act, this Part, the Illinois Oil and Gas Act, and the administrative rules promulgated under that Act. The actions shall be reported to the Department's District Office within 72 hours for the Department's determination whether the actions require the filing of an application for permit modification pursuant to Section 245.330.

f) A permit and all conditions thereto shall continue in full force and effect until the permit is released by the Department pursuant to Section 245.350.

62 Ill. Adm. Code 245.330 Permit Modifications

a) Except for the actions allowed pursuant to Section 245.320(e), actions that materially deviate from the original permit require the permit to be modified prior to being conducted. No permit issued under this Part may be modified without approval of the Department pursuant to this Section (Section 1-55(c) of the Act).

b) Applications for permit modification shall be made on a Department permit application form and shall specifically identify the applicant, the well, and each proposed deviation to the original permit.

1. Sections of a permit modification application that do not affect or change terms or conditions of, or information on, the original permit are not required to be completed, other than that information necessary to identify the applicant, operator, well site and well. All sections of a permit modification application that are not completed will be considered to incorporate the original permit (and original permit application) as the content of the permit modification application for those sections.

2. Each permit modification application submitted under this Part shall be signed, under the penalty of perjury, by the applicant or the applicant's designee who has been vested with the authority to act on behalf of the applicant and has direct knowledge of the information contained in the permit modification application and its attachments. Any person signing a permit modification application shall also sign an affidavit with the following certification:

3. "I certify, under penalty of perjury as provided by law and under penalty of refusal, suspension, or revocation of a high volume horizontal hydraulic fracturing permit, that this application and all attachments are true, accurate, and complete to the best of my knowledge." (Section 1-35(f) of the Act)

c) The permit modification application for a significant deviation shall be accompanied by a non-refundable fee of $13,500 as set forth in Section 245.210, and shall be reviewed and approved or rejected with all the opportunities for notice, comment and hearing required under Sections 1-45 and 1-50 of the Act and Sections 245.240 through 245.270 of this Part as if it were a completely new permit application under the permit application procedures set forth in this Part. The applicant shall confer with the Department prior to filing the application for modification so as to coordinate scheduling. Examples of permit modifications that are considered significant deviations are those that propose to:

1. move the horizontal well bore more than 50 feet in any direction or extend or add to any dimension of the horizontal well bore;

2. add a new horizontal well bore or bores;

3. make any change such that any person or entity who did not receive specific notice of the original application would receive notice if the proposed modification application were a new permit application;

4. materially alter any part of any plan submitted to the Department with the original application, including but not limited to:

A) moving the vertical part of the well more than 50 feet;

B) substantially moving, extending or adding to the well site;

C) any material alteration of plans for containment or storage, transportation of materials (including produced hydrocarbons) to or from the well site, or management of emissions if the alteration results in an increase in emissions, venting or flaring; or

5. request relief from any condition imposed upon or attached to the original permit.

d) If the Department, after receipt of an application for modification, determines that a permit modification presents a possible serious risk to public safety, public health, life, property, aquatic life, wildlife, or the environment (Section 1-55(c) of the Act), and the application is not already being treated as one for modification representing a significant deviation, the Department shall inform the applicant. The applicant, if it wishes to proceed with the application for modification, shall pay a non-refundable fee totaling $13,500 (after credit for any payment for insignificant modification already tendered) as set forth in Section 245.210. The application shall be reviewed and approved or rejected with all the opportunities for notice, comment and hearing required under Sections 1-45 and 1-50 of the Act and Sections 245.240 through 245.270 of this Part as if it were a completely new permit application under the permit application procedures set forth in this Part. The applicant shall confer with the Department after notification of this procedure so as to coordinate scheduling.

e) All other permit modification applications may be filed as an insignificant permit deviation and accompanied by a non-refundable $5,000 permit modification fee. However, the Department has the discretion to determine that the permit modification is a significant deviation based on the content of the application. The permit modification application for insignificant permit deviation shall be reviewed and approved or rejected under the following procedures:

1. The Department's record of decision shall include the original permit record of decision, information provided by the application for permit modification pursuant to subsection (b), and any other additional information provided by the permittee in response to requests by the Department. The Department shall provide a copy of the modification application to any of the entities entitled to receive notice in Section 245.240 (the Agency, the Office of the State Fire Marshal, Illinois State Water Survey, and Illinois State Geological Survey) if it proposes to modify a plan they received under Section 245.240.

2. The Department shall approve or reject the proposed insignificant permit modifications within 30 days after receipt of the permit modification application based on the requirements of Section 245.300(c). The Department's decision to approve or reject the proposed insignificant permit modifications shall be considered a final administrative decision subject to judicial review under the Administrative Review Law and the rules adopted under that Law.

3. Approval of an insignificant permit modification shall result in a modified permit that shall be considered a permit under this Part and, therefore, subject to all conditions and requirements for permits under the Act and this Part.

4. The Department shall, by U.S. Mail and electronic transmission, provide the applicant with a copy of the modified permit as issued or its final administrative decision rejecting the modification request.

5. The applicant shall, by U.S. Mail or electronic transmission, provide a copy of the modified permit as issued to any person or unit of local government who received specific public notice under Section 245.250 or participated in any public hearing under Section 245.270 for the original permit or any significant modifications of that permit. The applicant shall notify the Department within 30 days after receipt of the modified permit that it has complied with this subsection (e)(5).

6. Following completion of the Department's review and approval process, the Department's website shall indicate whether an individual high volume horizontal hydraulic fracturing permit modification was approved or denied and provide a copy of the approval or denial.

7. The complete record shall be maintained and shall be accessible to the public on the Department's website at least until final release of the applicant's bond.

f) If the Department determines that an application for an insignificant deviation in subsection (e) is a significant deviation based on the content of the application, the Department shall notify the applicant and the applicant shall be required to increase the non-refundable application fee to $13,500 as set forth in Section 245.210. Once the full application fee is received, the permit modification application shall be reviewed and approved or rejected as if it were a completely new permit application under the permit application procedures set forth in this Part.

62 Ill. Adm. Code 245.340 Permit Transfers

a) No permit may be transferred to another person without approval of the Department (Section 1-55(b) of the Act).

b) A request for permit transfer shall be made on a Department form and be signed by the current permittee and the proposed new permittee or by individuals authorized to sign for them.

c) Each request for permit transfer shall include a $2,000 non-refundable fee. The check shall be made payable to the Department.

d) The Department shall approve a permit transfer, with any conditions the Department may find necessary, only if:

1. the proposed new permittee certifies that its registration information provided pursuant to Section 245.200 is accurate and up to date;

2. the permit for the well issued pursuant to the Illinois Oil and Gas Act is approved for transfer to the proposed new permittee under the requirements for permit transfers under the Illinois Oil and Gas Act administrative rules;

3. the proposed new permittee provides proof of insurance that it is insured to cover injuries, damages or loss related to pollution in the amount of at least $5,000,000 (Section 1-35(b)(19) of the Act);

4. there is no good cause to deny the permit transfer under Section 245.310;

5. the request for permit transfer is accompanied by a bond as required by Section 245.220; and

6. there are no outstanding unabated violations by either the current or proposed new permittee of this Part, the Act, the Illinois Oil and Gas Act, or the administrative rules promulgated under that Act, as specified in a final administrative decision by the Department.

e) The Department shall approve or deny a request for permit transfer in writing within 30 days after receiving the request for permit transfer.

1. If the request for permit transfer is approved, the current permittee shall transfer a copy of the well file to the new permittee, the new permittee will be the permittee of record for the permit, and the bond of the current permittee will be released by the Department pursuant to Section 245.220(d).

2. If the request for permit transfer is denied, then the current permittee will continue to be the permittee of record for the permit.

f) A current or proposed new permittee may request a hearing to challenge the Department's decision if a hearing is requested in writing within 30 days after the date of the transfer or denial notice. All requests for hearing shall be mailed to the Department at Illinois Department of Natural Resources, Attention: Office of Oil and Gas Resource Management, One Natural Resources Way, Springfield IL 62702. All requests for hearing must be accompanied by documents evidencing the basis for objection. If no hearing is requested in this time period, the permit transfer decision shall be a final administrative decision of the Department. If a hearing is requested by the current or new permittee:

1. A pre-hearing conference may be held within 60 days after the receipt of the request for hearing.

A) A pre-hearing conference shall be scheduled in order to:

i) Simplify the factual and legal issues presented by the hearing request;

ii) Receive stipulations and admissions of fact and of the contents and authenticity of documents;

iii) Exchange lists of witnesses the parties intend to have testify and copies of all documents the parties intend to introduce into evidence at the hearing;

iv) Set a hearing date; and

v) Discuss and resolve such other matters as may tend to expedite the disposition of the hearing request and to assure a just conclusion.

B) Pre-hearing conferences may be held by telephone conference if that procedure is acceptable to all parties.

2. All hearings under this Section shall be conducted by a Hearing Officer and shall be held in the Department's offices located in Springfield, Illinois.

3. At the permit transfer hearing, the Department shall present evidence in support of its determination under subsection (e). Both the current and the new permittee may present evidence contesting the Department's determination under subsection (e). The Hearing Officer may administer oaths and affirmations, subpoena witnesses and written or printed materials, compel attendance of witnesses or production of those materials, compel discovery, and take evidence.

4. Within 30 days after the close of the record for the permit transfer hearing, the Hearing Officer shall issue findings of fact, conclusions of law and recommendations as to the disposition of the case.

5. The Director or his or her designee shall review the administrative record in conjunction with the Hearing Officer's findings of fact, conclusions of law and recommendations as to the disposition of the case. The Director or designee shall then issue the Department's final administrative decision affirming, vacating or modifying the Hearing Officer's decision, which shall be subject to judicial review under the Administrative Review Law and the rules adopted under that Law.

6. Failure to request a hearing in accordance with this subsection (f) shall constitute a waiver of all legal rights to contest the permit transfer decision.

62 Ill. Adm. Code 245.350 Permit Release

A permit issued under this Part shall be released by the Department upon the Department's satisfaction that the plugging of the well and restoration of the well site is completed in compliance with the permittee's Plugging and Restoration Plan pursuant to Sections 245.210(a)(18) and 245.1030, the Act, the Illinois Oil and Gas Act, and the administrative rules promulgated under that Act. (Section 1-55(b) of the Act).

62 Ill. Adm. Code 245.360 Judicial Review

All final administrative decisions, including issuance or denial of a permit, made by the Department under this Part are subject to judicial review under the Administrative Review Law and rules adopted under that Law (Section 1-125 of the Act).

62 Ill. Adm. Code 245.400 Setback Requirements

a) Except as otherwise provided in this Section, no well site may be located as follows (Section 1-25(a) of the Act):

1. within 500 feet measured horizontally from any residence or place of worship unless the landowner of the residence or the governing body of the place of worship otherwise expressly agrees in writing to a closer well site location (Section 1-25(a)(1) of the Act). This agreement shall be signed and dated by the landowner of the residence or an authorized representative of the governing body of the place of worship. A copy of the agreement shall be submitted to the Department as part of the permit application;

2. within 500 feet measured horizontally from the edge of the property line from any school, hospital, or licensed nursing home facility (Section 1-25(a)(2) of the Act);

3. within 500 feet measured horizontally from the surface location of any existing water well or developed spring used for human or domestic animal consumption, unless the landowner or landowners of the well or developed spring otherwise expressly agrees or agree in writing to a closer well site location (Section 1-25(a)(3) of the Act). This agreement shall be signed and dated by the landowner. A copy of the agreement shall be submitted to the Department as part of the permit application;

4. within 300 feet measured horizontally from the center of a perennial stream or from the ordinary high water mark of any river, natural or artificial lake, pond, or reservoir (Section 1-25(a)(4) of the Act), unless the landowner of a water source that is wholly contained within the landowner's property expressly, in writing, waives the setback requirements and agrees to a closer well site location (Section 1-25(b) of the Act). This agreement shall be signed and dated by the landowner. A copy of the agreement shall be submitted to the Department as part of the permit application.

5. within 750 feet of a nature preserve or a site on the Register of Land and Water Reserves (Section 1-25(a)(5) of the Act); or

6. within 1,500 feet of a surface water or groundwater intake of a public water supply; the distance from the public water supply as identified by the Department shall be measured as follows (Section 1-25(a)(6) of the Act):

A) For a surface water intake on a lake or reservoir, the distance shall be measured from the intake point on the lake or reservoir (Section 1-25(a)(6)(A) of the Act).

B) For a surface water intake on a flowing stream, the distance shall be measured from a semicircular radius extending upstream of the surface water intake (Section 1-25(a)(6)(B) of the Act).

C) For a groundwater source, the distance shall be measured from the surface location of the groundwater wellhead or the ordinary high water mark of the spring. The distance restrictions under this subsection (a) shall be determined as conditions exist at the time of the submission of the permit application pursuant to Section 245.210 (Section 1-25(a)(6)(C) of the Act).

b) Unless specified otherwise, all distances shall be measured to the closest edge of the well site. (Section 1-25(a) of the Act)

62 Ill. Adm. Code 245.410 Access Roads, Public Roads and Topsoil Conditions

a) The access road to the well site must be located in accordance with access rights either obtained by agreement with the surface landowner or pursuant to the Drilling Operations Act [765 ILCS 530] and located as far as practical from occupied structures, places of assembly, and property lines of unleased property (Section 1-70(b)(1) of the Act).

b) The improvement, construction, or repair of a publicly owned highway or roadway, if undertaken by the owner, operator, permittee, or any other private entity, shall be performed using bidding procedures outlined in the Illinois Department of Transportation rules governing local roads and streets or applicable bidding requirements outlined in the Illinois Procurement Code [30 ILCS 500] as though the project were publicly funded (Section 1-70(b)(4) of the Act).

c) Permittees shall employ practices for control of fugitive dust related to their operations. These practices shall include, but are not limited to, the use of speed restrictions, regular road maintenance, and restriction of construction activity during high-wind days. Additional management practices such as road surfacing, wind breaks and barriers, or automation of wells to reduce truck traffic may also be required by the Department, in consultation with the Agency as the Department deems appropriate, if technologically feasible and economically reasonable to minimize fugitive dust emissions. (Section 1-75(e)(10) of the Act)

d) Unless otherwise approved or directed by the Department, all topsoil and subsoil stripped to facilitate the construction of the well pad, well site, and access roads must be stockpiled, stabilized to prevent erosion, and remain on site. Topsoil is the uppermost layer of soil with the darkest color or the highest content of organic matter. The topsoil shall be segregated from the subsoil. All soils shall remain on site for use in either partial or final restoration and reclamation pursuant to Subpart J. In the event it is anticipated that the final reclamation shall take place in excess of one year from drilling the well, the topsoil may be disposed of in any lawful manner provided the permittee reclaims the site with topsoil of similar characteristics of the topsoil removed. (Section 1-70(b)(2) of the Act)

62 Ill. Adm. Code 245.500 General Conditions and Requirements

a) All wells shall be constructed, and casing and cementing activities shall be conducted, in a manner that shall provide for control of the well at all times, prevent the migration of oil, gas, and other fluids into the fresh water and coal seams, and prevent pollution or diminution of fresh water. (Section 1-70(d) of the Act)

b) At any time, the Department, as it deems necessary, may require construction activities in addition to those required by this Part, including but not limited to, the installation of an additional cemented casing string or strings in the well. (Section 1-70(d)(15) of the Act)

62 Ill. Adm. Code 245.510 Well Drilling, Storage and Disposal of Drilling Waste

Drill cuttings, drilling fluids and drilling wastes must be stored and disposed of pursuant to the requirements of this Section and the requirements of the rules promulgated under the Illinois Oil and Gas Act when not in conflict with this Section.

a) Drill cuttings, drilling fluids, and drilling wastes not containing oil-based mud or polymer-based mud may be stored in tanks or pits (Section 1-75(c)(11) of the Act).

b) Pits used to store drill cuttings, drilling fluids, and drilling wastes from wells not using fresh water mud shall be subject to the construction standards identified in Section 245.830 (Reserve Pits) (Section 1-75(c)(11) of the Act).

c) Drill cuttings not contaminated with oil-based mud or polymer-based mud may be disposed of on property subject to the written approval of the Department and the surface landowner (Section 1-75(c)(11) of the Act).

d) Drill cuttings contaminated with oil-based mud or polymer-based mud shall be disposed of in an Agency permitted special waste landfill or other offsite location in accordance with applicable law. (Section 1-75(c)(11) of the Act). (See 62 Ill. Adm. Code 240.540(a).)

e) Disposal of drill cuttings or fluid down the annulus of any well is prohibited (Section 1-75(c)(11) of the Act).

f) Anything in subsections (a) through (e) notwithstanding, the drilling fluid, drilling cuttings and drilling waste from any black shale zones shall be tested for radioactivity, and if above the levels identified in this Part, disposed of in accordance with the radioactive materials management strategy set forth in Section 245.210(b)(7). Drilling fluid, drilling cuttings and drilling waste from any black shale zones that test positive for levels of radioactive contamination shall not be stored in open pits.

62 Ill. Adm. Code 245.520 Cement Requirements

All cementing activities for well construction shall meet the requirements of this Section.

a) Cement must conform to the industry standards set forth in the document referenced in Section 245.115(a)(1). (Section 1-70(d)(4) of the Act)

b) Cement slurry must be prepared to minimize its free water content in accordance with the industry standards set forth in the document referenced in Section 245.115(a)(1). (Section 1-70(d)(4) of the Act)

c) Cement activities shall be designed and constructed in a manner to:

1. secure the casing in the wellbore (Section 1-70(d)(4)(A) of the Act);

2. isolate and protect fresh groundwater (Section 1-70(d)(4)(B) of the Act);

3. isolate abnormally pressured zones, lost circulation zones, and any potential flow zones, including hydrocarbon and fluid-bearing zones (Section 1-70(d)(4)(C) of the Act);

4. properly control formation pressure and any pressure from drilling, completion and production (Section 1-70(d)(4)(D) of the Act);

5. protect the casing from corrosion and degradation (Section 1-70(d)(4)(E) of the Act); and

6. prevent gas flow in the annulus (Section 1-70(d)(4)(F) of the Act).

d) For all cementing activities, the cement must be pumped at a rate and in a flow regime that inhibits channeling of the cement in the annulus (Section 1-70(d)(7) of the Act).

e) Cement must be placed behind all surface, intermediate and production casing pursuant to the requirements of Sections 245.530, 245.560 and 245.570, respectively.

f) After the cement is placed behind the casing, the permittee shall wait on cement to set until the cement achieves a calculated compressive strength of at least 500 pounds per square inch, and a minimum of 8 hours before the casing is disturbed in any way, including installation of a blowout preventer (Section 1-70(d)(8) of the Act).

g) Cement compressive strength tests must be performed on all cemented surface, intermediate, and production casing strings in accordance with the industry standards set forth in the document referenced in Section 245.115(a)(1):

1. the cement shall have a 72-hour compressive strength of at least 1,200 psi; and

2. the free water separation shall be no more than 6 milliliters per 250 milliliters of cement. (Section 1-70(d)(8) of the Act)

h) Cement job logs must be kept for all cementing activities pursuant to the following requirements:

1. Cement job logs shall provide information about the cementing activities as specified on a form to be prescribed by the Department, including, but not limited to:

A) dates of cementing;

B) source of the cement;

C) type of cement; and

D) amount used;

2. A copy of the cement job logs and cement compressive strength test results for all cemented surface, intermediate, and production casing strings in the well shall be maintained in the well file and, upon notice by the Department, be made available to Department inspectors at the well site during drilling and HVHHF operations and shall be made available to the Department upon request (Section 1-70(d)(9) of the Act);

3. Permittee shall provide the Department with a copy of all cement job logs and cement compressive strength test results 30 days after completion of cementing activities; and

4. Permittee shall retain these records for the life of the well until the well is plugged, abandoned and restored in accordance with the Illinois Oil and Gas Act, the administrative rules promulgated under that Act, and Subpart J of this Part.

62 Ill. Adm. Code 245.530 Surface Casing Requirements

Surface casing shall be used in the construction of all wells regulated by this Part and shall be set and cemented pursuant to the requirements of this Section.

a) Surface casing shall be used and set to a depth of at least 200 feet, or 100 feet below the base of the deepest fresh water, whichever is deeper. Surface casing must stop before reaching any hydrocarbon-bearing zones. (Section 1-70(d)(10) of the Act) If the surface casing does not protect all of the fresh water, intermediate casing shall be required.

b) Surface casing must be made of steel and conform to the industry standards set forth in the document referenced in Section 245.115(a)(2). Additionally, the use of surface casing in the well construction must be in a manner consistent with the industry standards set forth in the document referenced in Section 245.115(a)(2). (Section 1-70(d)(1) of the Act)

c) Casing thread compound must conform to and meet all manufacturing and material requirements of the industry standards set forth in the document referenced in Section 245.115(a)(3) (Section 1-70(d)(2) of the Act). Additionally, the uses of casing thread compound in the well construction must be in a manner consistent with the industry standards set forth in the document referenced in Section 245.115(a)(3).

d) The borehole must be circulated and conditioned before surface casing setting and cementing to ensure an adequate cement bond (Section 1-70(d)(5) of the Act).

e) The permittee shall notify the Department's District Office by phone and electronic mail at least 24 hours (Section 1-70(d)(11) of the Act) before setting and cementing surface casing to enable an inspector to be present.

f) When setting surface casing, centralizers are required to be used as follows to keep the casing in the center of the wellbore before and during cement operations:

1. A centralizer shall be placed at the bottom of the surface casing string or shoe;

2. Centralizers shall be placed above and below a stage collar or diverting tool, if run;

3. Centralizers shall be placed through usable-quality water zones;

4. Centralizers shall be placed on every fourth joint from the cement shoe to the ground surface or to the bottom of the cellar;

5. The Department may require additional centralization as necessary to ensure the integrity of the well design is adequate; and

6. All centralizers must conform to and shall meet specifications in, or equivalent to, the industry standards set forth in the documents referenced in Section 245.115(a)(4) through (a)(6).

g) A pre-flush or spacer must be pumped ahead of the cement. (Section 1-70(d)(6) of the Act)

h) Surface casing cement must:

1. be Class A cement or, alternatively, if the applicant requests before the pour in writing with sufficient proof of need as determined by the Department, and the Department approves the use in writing before the pour, Class B Cement. Class A and Class B cement means Class A and Class B cement as described in the document incorporated by reference in Section 245.115(a)(1);

2. meet the cement requirements of Section 245.520(a) and (b), including but not limited to being poured with the ratio of water to cement mix and density desired in the document incorporated by reference in Section 245.115(a)(1); and

3. be applied behind the casing according to the requirements of Section 245.520(c) and (d).

i) Surface casing must be fully cemented to the surface with excess cements. Cementing must be by the pump and plug method with a minimum of 25% excess cement with appropriate lost circulation material, unless another amount of excess cement is approved by the Department. If cement returns are not observed at the surface, the permittee must perform remedial actions as appropriate. (Section 1-70(d)(11) of the Act)

j) After the cement is placed behind the surface casing (Section 1-70(d)(8) of the Act), the cement must be tested (compressive strength test) and cement job logs maintained pursuant to the requirements of Section 245.520(f) through (h).

k) After the surface casing cement operation is completed to the surface, the permittee shall notify the Department's District Office by phone and electronic mail to enable an inspector to be present for the following:

1. testing the internal mechanical integrity of the surface casing pursuant to Section 245.540; and

2. installation and testing of the blowout prevention equipment pursuant to Section 245.550.

62 Ill. Adm. Code 245.540 Establishment of Internal Mechanical Integrity

An internal mechanical integrity test shall be performed on each cemented casing string after installation for all wells regulated by this Part.

a) The permittee shall contact the Department's District Office by phone and electronic mail at least 24 hours before conducting an internal mechanical integrity pressure test to enable an inspector to be present when the test is performed (Section 1-70(d)(16) of the Act).

b) Mechanical Integrity

1. The internal mechanical integrity of surface and intermediate casing strings shall be tested:

A) with fresh water, mud or brine. If mud is used, the mud cannot be so viscous or contain so much particulate that it blocks, plugs or obscures the presence of any potential leaks in the casing string;

B) to no less than 0.22 psi per foot of casing string length or 1,500 psi, whichever is greater, but not to exceed 70% of the minimum internal yield; and

C) for at least 30 minutes with less than a 5% pressure loss.

2. If the pressure declines more than 5% or if there are other indications of a leak, corrective action shall be taken before conducting further drilling operations. (Section 1-70(d)(16) of the Act)

c) The internal mechanical integrity of the production casing string or any casing string that will have pressure exerted on it during stimulation of the well shall be tested:

1. with fresh water, mud or brine. If mud is used, the mud cannot be so viscous or contain so much particulate that it blocks, plugs or obscures the presence of any potential leaks in the casing string;

2. to at least the maximum anticipated treatment pressure or 1,500 psi, whichever is greater, but not to exceed 70% of the minimum internal yield;

3. for at least 30 minutes with less than a 5% pressure loss; and

4. if the pressure declines more than 5% or if there are other indications of a leak, corrective action shall be taken before conducting further drilling operations. (Section 1-70(d)(16) of the Act)

d) Records of internal mechanical integrity pressure tests for all casing strings must be kept pursuant to the following requirements:

1. A record of the internal mechanical integrity pressure test for each casing string must be maintained by the permittee in the well file and must be submitted to the Department on a form prescribed by the Department before conducting high volume horizontal hydraulic fracturing operations (Section 1-70(d)(16) of the Act).

2. Permittee shall provide the Department with a copy of all internal mechanical integrity pressure test results for all casing strings within 30 days after completion of well construction; and

3. Permittee shall retain these records for the life of the well until the well is plugged, abandoned and restored in accordance with the Illinois Oil and Gas Act, the administrative rules promulgated under that Act, and Subpart J of this Part.

62 Ill. Adm. Code 245.550 Installation and Testing of Blowout Prevention Equipment

After the surface casing has been set and cemented pursuant to Section 245.530, the permittee shall install and test blowout prevention equipment pursuant to the requirements of this Section (Section 1-70(e)(1) of the Act).

a) The permittee shall contact the Department's District Office by phone and electronic mail at least 24 hours before conducting pressure tests on the blowout prevention equipment to enable an inspector to be present when the tests are performed.

b) The permittee or permittee's designated representative shall be present at the well site when the blowout preventer is installed, tested, and in use.

1. That person or personnel shall have a current well control certification from an accredited training program that is acceptable to the Department; and

2. The certification shall be available at the well site and provided to the Department upon request. (Section 1-70(e)(3) of the Act)

c) The permittee shall install all blowout prevention equipment using pipe fittings, valves, and unions placed on or connected to the blow-out prevention systems that have a working pressure capability that exceeds the anticipated pressures. (Section 1-70(e)(2) of the Act)

d) A remote blowout preventer actuator that is powered by a source other than rig hydraulics shall be located at least 50 feet from the wellhead and have an appropriate rated working pressure (Section 1-70(e)(6) of the Act).

e) Pressure testing of all pressure control equipment, including the blowout preventer and related equipment for any drilling or completion operation must be performed.

1. Testing must be conducted in accordance with the industry standards set forth in the document referenced in Section 245.115(a)(7). A record of the pressure tests must be made on a form prescribed by the Department.

2. Testing of the blowout preventer shall include testing after the blowout preventer is installed on the well but prior to drilling below the last cemented casing seat.

3. Pressure control equipment, including the blowout preventer, that fails any pressure test shall not be used until it is repaired, or replaced, and passes the pressure test. (Section 1-70(e)(5) of the Act)

4. Records of all pressure tests and repair work on blowout prevention equipment shall be maintained by the permittee in the well file at the well site and made available to the Department upon request.

f) After installation and testing, the blowout prevention equipment must be in use during all drilling and completion operations and shall be maintained in good working condition at all times (Section 1-70(e)(1) and (3) of the Act).

g) Appropriate pressure control procedures must be properly employed and equipment must be installed and maintained in proper working order while conducting drilling and completion operations, including tripping, logging, running casing into the well, and drilling out solid-core stage plugs (Section 1-70(e)(4) of the Act).

62 Ill. Adm. Code 245.560 Intermediate Casing Requirements

When intermediate casing is required by subsection (a), intermediate casing used in the construction of wells must be set and cemented pursuant to the requirements of subsections (b) through (m). Intermediate casing used to isolate fresh water must not be used as the production string in the well in which it is installed, and may not be perforated for purposes of conducting a hydraulic fracture treatment through it.

a) Cemented intermediate casing must be installed under the following conditions:

1. when necessary to isolate fresh water not isolated by surface casing; or

2. to seal off potential flow zones, anomalous pressure zones, lost circulation zones and other drilling hazards. (Section 1-70(d)(12) of the Act)

b) Intermediate casing shall be set and cemented to one of the standards below:

1. When intermediate casing is installed to protect fresh water, the permittee shall set a full string of new intermediate casing at least 100 feet below the base of the deepest fresh water and bring cement to the surface;

2. In instances in which intermediate casing was set solely to protect fresh water encountered below the surface casing shoe, and cementing to the surface is technically infeasible, would result in lost circulation, or both, cement must be brought to a minimum of 600 feet above the shallowest fresh water zone encountered below the surface casing shoe or to the surface if the fresh water zone is less than 600 feet from the surface;

3. In the case that intermediate casing was set for a reason other than to protect fresh water, the intermediate casing string shall be cemented from the shoe to a point at least 600 true vertical feet above the shoe; or

4. If there is a hydrocarbon bearing zone that is capable of producing and that is exposed above the intermediate casing shoe, then the casing shall be cemented from the shoe:

A) to a point at least 600 true vertical feet above the shallowest hydrocarbon bearing zone; or

B) to a point at least 200 feet above the shoe of the next shallower casing string that was set and cemented in the well; or

C) to the surface if less than 200 feet. (Section 1-70(d)(12) of the Act)

c) The location and depths of any hydrocarbon-bearing zones or fresh water zones requiring intermediate casing or that are open to the wellbore above the casing shoe must be confirmed by coring, electric logs, or testing and must be reported to the Department. (Section 1-70(d)(12) of the Act)

d) Intermediate casing must conform to the industry standards set forth in the document referenced in Section 245.115(a)(2). Additionally, the use of intermediate casing in the well construction must be in a manner consistent with the industry standards set forth in the document referenced in Section 245.115(a)(2).

e) Casing thread compound must conform to and meet all manufacturing and material requirements of the industry standards set forth in the document referenced in Section 245.115(a)(3) (Section 1-70(d)(2) of the Act). Additionally, the uses of casing thread compound in the well construction must be in a manner consistent with the industry standards set forth in the document referenced in Section 245.115(a)(3).

f) The borehole must be circulated and conditioned before intermediate casing setting and cementing to ensure an adequate cement bond (Section 1-70(d)(5) of the Act).

g) The permittee shall notify the Department's District Office by phone and electronic mail at least 24 hours before setting and cementing intermediate casing cementing operations to enable an inspector to be present.

h) When setting intermediate casing in non-deviated holes, centralizers are required to be used as follows to keep the casing in the center of the wellbore before and during cementing operations:

1. Centralizers shall be placed on every fourth joint from the cement shoe to the ground surface or to the bottom of the cellar;

2. The Department may require additional centralizers as necessary to ensure the integrity of the well design; and

3. All centralizers must conform to and shall meet specifications in, or equivalent to, the industry standards set forth in the documents referenced in Section 245.115(a)(4) through (a)(6). (Section 1-70(d)(3) of the Act)

i) A pre-flush or spacer must be pumped ahead of the cement (Section 1-70(d)(6) of the Act).

j) Intermediate casing cement must:

1. meet the cement requirements of Section 245.520(a) and (b); and

2. be applied behind the casing according to the requirements of Section 245.520(c) and (d).

k) A radial cement bond evaluation log, or other evaluation approved by the Department, such as, but not limited to, temperature surveys, must be run to verify the cement bond on the intermediate casing. Remedial cementing is required if the cement bond is not adequate for drilling ahead. (Section 1-70(d)(13) of the Act)

l) The cementing and testing requirements of subsections (b)(2), (b)(3), (b)(4) and (c) may be waived if all intermediate casing strings are cemented to surface.

m) After the cement is placed behind the intermediate casing (Section 1-70(d)(8) of the Act), the cement must be tested and cement job logs maintained pursuant to the requirements of Section 245.520(f) through (h).

n) After the intermediate casing cement operation is completed, the permittee shall notify the Department's District Office by phone and electronic mail to enable an inspector to be present for testing the internal mechanical integrity of the intermediate casing pursuant to Section 245.540.

o) If the annulus between the production casing and the surface of intermediate casing has not been cemented to the surface, the intermediate casing annulus shall be equipped with an appropriately sized and tested relief valve. The flow line from the relief valve should be secured and diverted to a lined pit or tank. (See API HF1 – Hydraulic Fracturing Operations – Well Construction and Integrity Guidelines, 1st Edition, October 2009, Section 10.4.2, Pressure Monitoring.)

62 Ill. Adm. Code 245.570 Production Casing Requirements

Production casing shall be used in the construction of all wells regulated by this Part and shall be set and cemented pursuant to the requirements of this Section.

a) Production casing must be fully cemented from the production casing shoe to 500 feet above the top perforated formation, if possible (Section 1-70(d)(14) of the Act). However, if that cementing requirement will inhibit the production of oil or gas from the targeted formation, the operator must make a written or electronic mail request to the Department for an alternate cementing plan, and in no event shall the cementing of the production casing be completed from less than just above the top of the perforated formation to 500 feet above the top of the perforated formation.

b) Production casing must conform to the industry standards set forth in the document referenced in Section 245.115(a)(2). Additionally, the use of production casing in the well construction must be in a manner consistent with the industry standards set forth in the document referenced in Section 245.115(a)(2).

c) Casing thread compound must conform to and meet all manufacturing and material requirements of the industry standards set forth in the document referenced in Section 245.115(a)(3) (Section 1-70(d)(2) of the Act). Additionally, the uses of casing thread compound in the well construction must be in a manner consistent with the industry standards set forth in the document referenced in Section 245.115(a)(3).

d) The borehole must be circulated and conditioned before production casing setting and cementing to ensure an adequate cement bond (Section 1-70(d)(5) of the Act).

e) The permittee shall notify the Department's District Office by phone and electronic mail before setting and cementing production casing to enable an inspector to be present.

f) When setting production casing, centralizers are required to be used as follows to keep the casing in the center of the wellbore prior to and during cement operations:

1. In the vertical portion of the well, a centralizer shall be placed on every fourth joint from the kickoff point to the ground surface or to the bottom of the cellar;

2. In the horizontal portion of the well, rigid centralizers shall be used and placed accordingly to ensure at least 80% standoff;

3. The Department may require additional centralizers as necessary to ensure the integrity of the well design; and

4. All centralizers used in the vertical portion of the well must conform to and shall meet specifications in, or equivalent to, the industry standards set forth in the documents referenced in Section 245.115(a)(4) through (a)(6). (Section 1-70(d)(3) of the Act)

g) A pre-flush or spacer must be pumped ahead of the cement (Section 1-70(d)(6) of the Act).

h) Production casing cement must:

1. meet the cement requirements of Section 245.520(a) and (b); and

2. be applied behind the casing according to the requirements of Section 245.520(c) and (d).

i) After the cement is placed behind the production casing (Section 1-70(d)(8) of the Act), the cement must be tested and cement job logs maintained pursuant to the requirements of Section 245.520(f) through (h).

j) After the production casing cement operation is completed, the permittee shall notify the Department's District Office by phone or electronic mail to enable an inspector to be present for testing the internal mechanical integrity of the production casing pursuant to Section 245.540.

62 Ill. Adm. Code 245.580 Establishment of Formation Integrity

a) A formation pressure integrity test shall be conducted below the surface casing and below all intermediate casing in order to demonstrate:

1. that the integrity of the casing shoe is sufficient to contain the wellbore pressures anticipated in the permit application;

2. that no flow path exists to formations above the casing shoe; and

3. that the casing shoe is competent to handle an influx of formation fluid or gas without breaking down.

b) The permittee shall notify the Department's District Office by phone and electronic mail at least 24 hours before conducting a formation pressure integrity test to enable an inspector to be present when the test is performed.

c) The actual hydraulic fracturing treatment pressure must not exceed the mechanical integrity test pressure of the casing tested pursuant to Section 245.540 at any time during high volume horizontal hydraulic fracturing operations.

d) Records of all formation integrity tests must be kept pursuant to the following requirements:

1. A record of the formation integrity test must be maintained by the permittee in the well file and must be submitted to the Department on a form prescribed by the Department before conducting high volume horizontal hydraulic fracturing operations. (Section 1-70(d)(18) of the Act)

2. Permittee shall provide the Department with a copy of all formation integrity test results 30 days after completion of well construction.

3. Permittee shall retain these records for the life of the well until the well is plugged, abandoned and restored in accordance with the Illinois Oil and Gas Act, the administrative rules promulgated under that Act, and Subpart J of this Part.

62 Ill. Adm. Code 245.600 Water Quality Monitoring

Water quality monitoring shall be conducted pursuant to the requirements of this Section and in accordance with the water quality monitoring work plan submitted pursuant to Section 245.210(a)(20). Unless specified otherwise, all distances are measured horizontally from the closest edge of the well site.

a) Water Quality Monitoring Work Plan

Each applicant for a high volume horizontal hydraulic fracturing permit shall provide the Department with a water quality monitoring work plan to ensure accurate and complete sampling and testing as required under this Section. A water quality monitoring work plan shall include, at a minimum, the following (Section 1-80(a) of the Act):

1. information identifying all water sources within the range of testing under this Section (Section 1-80(a)(1) of the Act);

2. a sampling plan and protocol consistent with the requirements of subsections (b), (c) and (d), including notification to the Department at least 7 calendar days prior to sample collection (Section 1-80(a)(2) of the Act);

3. the name and contact information of an independent third party under the supervision of a professional engineer or professional geologist that shall be designated to conduct sampling to establish a baseline as provided for under subsection (b) (Section 1-80(a)(3) of the Act);

4. the name and contact information of an independent third party under the supervision of a professional engineer or professional geologist that shall be designated to conduct sampling to establish compliance with monitoring as provided within subsection (c) (Section 1-80(a)(4) of the Act);

5. the name and contact information of an independent testing laboratory accredited or certified by the Agency to perform the required laboratory method and to conduct the analysis required under subsections (b) and (c) (Section 1-80(a)(5) of the Act). When no laboratory has been accredited or certified by the Agency to analyze a particular substance requested in subsection (d), results will be considered only if they have been analyzed by a laboratory accredited or certified by another State agency or an agency of the federal government, if the standards used for the accreditation or certification of that laboratory are substantially equivalent to the accreditation standard under Section 4(o) of the Illinois Environmental Protection Act [415 ILCS 5];

6. proof that the applicant provided each landowner referenced in subsections (a)(7) through (a)(10) with a notice of water sampling rights under the Act pursuant to a form prescribed by the Department and prior to the landowner’s execution of any document regarding water sampling.

7. proof of access and the right to test within the area for testing prescribed within subsections (b) and (c) (Section 1-80(a)(6) of the Act);

8. copies of any non-disclosure agreements made with landowners, if applicable (Section 1-80(a)(6) of the Act). Landowners of private property may condition access or permission for sampling of private water wells or ponds wholly within their property or a portion of any perennial stream or river that flows through their property under a non-disclosure agreement that includes the following terms and conditions (Section 1-80(d) of the Act):

A) the permittee shall provide the results of the water quality testing to the private property landowners (Section 1-80(d)(1) of the Act);

B) the permittee shall retain the results of all water quality testing conducted pursuant subsections (b) and (c) until at least 1 year after completion of all water quality monitoring for review by the Department upon request (Section 1-80(d)(2) of the Act);

C) the permittee shall not file with the Department the results of the water quality testing, except that under subsection (a)(7)(D) (Section 1-80(d)(3) of the Act); and

D) the permittee shall notify and provide to the Department and the Agency within 7 calendar days of its receipt of the water quality data any testing under subsection (c) indicating concentrations that exceed the standards or criteria referenced in the definition of "pollution or diminution" under Section 245.110 (Section 1-80(d)(4) of the Act);

9. documentation that the landowner of the private property declines, expressly and in writing, to provide access or permission for sampling, if applicable. Under these conditions, sampling of private water wells or ponds wholly contained within private property shall not be required (Section 1-80(d) of the Act);

10. evidence as to the good faith efforts (for example, logs of oral communications and copies of written communication) that were made to secure documentation that the landowner of the private property declines to provide proof of his or her refusal to allow access for the purposes of conducting sampling in writing, if applicable. Permits issued under this Part cannot be denied if the landowner of the private property declines to provide proof of his or her refusal to allow access in writing and the permittee provides evidence that good faith efforts were made to gain access for the purposes of conducting sampling (Section 1-80(d) of the Act); and

11. identification of practicable contingency measures, including provision for alternative drinking water supplies, which could be implemented in the event of pollution or diminution of a water source as provided for in Section 245.610 (Section 1-80(a)(7) of the Act).

b) Baseline Testing

Before conducting high volume horizontal hydraulic fracturing operations on a well, a permittee shall retain an independent third party, as identified pursuant to subsection (a)(3). The permittee, through its independent third party, shall, after giving the Department 7 calendar days' notice, conduct baseline water quality sampling of all water sources within 1,500 feet of the well site (Section 1-80(b) of the Act) pursuant to the laboratory analysis procedures of subsection (d) and as follows:

1. If an aquifer to be sampled is inaccessible through groundwater wells within 1,500 feet of the well site, the permittee shall conduct groundwater well sampling of that aquifer at the next closest groundwater well that the permittee has permission to access.

2. Installation of a groundwater monitoring well is not required to satisfy the sampling requirements of this Section.

3. Baseline testing results shall be submitted to the Department no later than 3 calendar days before commencing HVHHF operations, unless there are non-disclosure agreements with the applicable private property landowners. In the case of non-disclosure agreements, the permittee shall provide a certification to the Department that the baseline testing results have been provided to the applicable private property landowners no later than 3 calendar days before commencing HVHHF operations.

4. The Department shall post the results of the baseline sampling and analysis conducted under this subsection (b) on its website within 7 calendar days after receipt. The posted results shall, at a minimum, include the following:

A) the well name, well site location and permit number;

B) the sampling site GPS latitude and longitude location, and ground elevation of the well. The GPS location shall be recorded as degrees and decimal degrees recorded to 6 decimal places in the North American Datum 1983 projection and shall be accurate to within 3 feet. The reported GPS location is required to be an actual GPS field measurement and not a calculated or conversion measurement;

C) a detailed description of the sampling and testing conducted under this subsection (b), including the results of the sampling and testing;

D) the chain of custody of the samples;

E) quality control of the testing. (Section 1-80(b) of the Act)

c) Follow-up Monitoring

After baseline tests are conducted under subsection (b) and following the completion of HVHHF operations, the permittee, through its independent third party, shall perform the following:

1. Notify the Department at least 7 calendar days prior to taking the samples; and

2. Sample and test all water sources that were subjected to sampling under subsection (b) in the same manner following the procedures under subsection (d) 6 months, 18 months, and 30 months after the high volume horizontal hydraulic fracturing operations have been completed, unless the water source was sampled under this subsection (c) or subsection (b) within the previous month. (Section 1-80(c) of the Act)

d) Laboratory Analysis Procedures

1. Sampling shall, at a minimum, be consistent with the water quality monitoring work plan as approved by the Department and allow for a determination of whether any hydraulic fracturing additive or other oil or gas well contaminant has caused pollution or diminution (Section 1-80(e) of the Act). For each water source required to be sampled and tested under subsections (b) and (c):

A) a minimum of 3 separate samples, or as many as required by the work plan and any conditions placed on the permit, shall be collected by the independent third party, under the supervision of a licensed professional engineer or professional geologist (Section 1-80(b) of the Act) consistent with the approved water quality monitoring work plan; and

B) each sample collected shall be submitted to and analyzed by an Agency-accredited or -certified independent testing laboratory (Section 1-80(b) of the Act) for the following:

i) pH (Section 1-80(e)(1) of the Act);

ii) total dissolved solids, dissolved methane, dissolved propane, dissolved ethane, alkalinity, and specific conductance (Section 1-80(e)(2) of the Act);

iii) chloride, sulfate, arsenic, barium, calcium, chromium, iron, magnesium, selenium, cadmium, lead, manganese, mercury, and silver (Section 1-80(e)(3) of the Act);

iv) BTEX (Section 1-80(e)(4) of the Act);

v) gross alpha and beta particles to determine the presence of any naturally occurring radioactive materials (Section 1-80(e)(5) of the Act);

2. The independent third party's laboratory request submitted to the Agency- accredited or -certified independent testing laboratory shall include:

A) the applicant's name, well name, well location and permit number;

B) a detailed description of the sampling methods used to collect the samples, the date and time of the sampling collections, the location where each sample was collected and by whom, and the specific testing requested;

C) the chain of custody for the samples up to the point when the samples are relinquished to the laboratory; and

D) a specific request to the laboratory that the laboratory's report also include:

i) the name and address of the laboratory;

ii) the sampling method and testing requested in subsection (d);

iii) the analyses being performed;

iv) the test methods used to perform the analyses;

v) the date and time of the analyses;

vi) the identification of any test results performed by a subcontracted laboratory;

vii) the name of any subcontracted laboratory used and the applicable accreditation that the subcontracted laboratory holds and maintains for the analyses performed;

viii) the complete chain of custody through all the analyses in the laboratory and any subcontracted laboratory used;

ix) the test results with the units of measurements used, when appropriate;

x) an interpretation of the test results, including the definitions for any data qualifiers applied to the test results;

xi) the name, title and signature of the person authorizing the test results; and

xii) a summary of the laboratory's quality control results for the analyses performed;

3. The permittee shall, within 7 calendar days after receipt of results of baseline or follow-up monitoring tests conducted under this Section, submit the independent third party's lab request under subsection (d)(2) and the results to the Department for a water source not subject to a non-disclosure agreement or, except as provided by subsection (d)(5), only to the landowner of the water source pursuant to a non-disclosure agreement under subsection (a)(7) (Section 1-80(b) and (c) of the Act);

4. For a water source subject to a non-disclosure agreement, if the independent third party follow-up monitoring test results indicate that concentrations exceed the standards or criteria referenced in the definition of "pollution or diminution" in Section 245.110, the permittee shall submit the independent third party lab requests and the results of those tests to the Department and the Agency within 7 calendar days after its receipt of the follow-up monitoring test results. The permittee must identify which specific standards or criteria are exceeded.

e) Upon receipt of the independent third party's lab requests and the results of the laboratory analyses for follow-up monitoring under subsection (c), the Department shall, in consultation with the Agency as the Department deems appropriate, determine whether any hydraulic fracturing additive or other oil or gas well contaminant has caused pollution or diminution for purposes of Sections 245.610 and 245.620 (Section 1-80(e) of the Act).

f) If the Department makes a determination of pollution or diminution under subsection (e), the procedures set forth in Section 245.615 shall be followed.

62 Ill. Adm. Code 245.610 Water Pollution Investigations

a) Any person who has reason to believe he or she has incurred pollution or diminution of a water source as a result of a high volume horizontal hydraulic fracturing treatment of a well may request that an investigation be conducted (Section 1-83(a) of the Act) by:

1. notifying the Department either in writing or electronically through its website; and

2. providing the following information:

A) his or her name, address and contact information; and

B) a detailed description of the suspected contamination, including but not limited to, identifying:

i) the water source being affected;

ii) the suspected source of contamination;

iii) dates and times related to observations of the suspected contamination;

iv) the names of potential witnesses and their contact information; and

v) any documents or photographs in his or her possession that may be useful as evidence of pollution or diminution.

b) Within 30 calendar days after the notification required by subsection (a), the Department will notify the Agency and initiate an investigation of the claim. The Department will make a reasonable effort to reach a determination within 180 calendar days after receiving the notification. (Section 1-83(b) of the Act)

c) If necessary, the Agency shall conduct water quality sampling (Section 1-83(b) of the Act) and the Department shall provide to the Agency all available permit information and other relevant data.

d) Any person conducting or who has conducted high volume horizontal hydraulic fracturing operations suspected to be the source of pollution or diminution complained of shall supply any information requested by the Department or Agency to assist with the investigation. The Department, in consultation with the Agency as the Department deems appropriate, shall give due consideration to any information submitted during the course of the investigation. (Section 1-83(c) of the Act) The requested information may include additional water quality monitoring sampling in accordance with Section 245.600.

e) The Department, in consultation with the Agency as the Department deems appropriate, shall make a determination of pollution or diminution if sampling results or other information obtained as part of the investigation or the results of tests conducted under Section 245.600 indicate that hydraulic fracturing additive or other oil or gas well contaminant concentrations in the water are found to exceed the following standards or criteria (Section 1-83(d) of the Act) and are statistically significantly higher than the base line sampling results obtained under Section 245.600(b):

1. in groundwater, any of the following:

A) detection of benzene or any other carcinogen in any Class I, Class II, or Class III groundwater;

B) detection of any constituent in 35 Ill. Adm. Code 620.310(a)(3)(A)(i) equal to or above the listed preventive response criteria in any Class I, Class II, or Class III groundwater;

C) detection of any constituent in 35 Ill. Adm. Code 620.410(a), (b), (c), (d) or (e) equal to or above the listed standard in any Class I, Class II, or Class III groundwater;

D) detection of any constituent in Class III groundwater equal to or above a standard established under 35 Ill. Adm. Code 620.260; or

E) detection of any constituent in Class I, Class II, or Class III groundwater equal to or above a cleanup objective listed in 35 Ill. Adm. Code 742.

2. in surface water, exceeding any applicable numeric or narrative standard in 35 Ill. Adm. Code 302 or 304. (Section 1-5 of the Act)

f) If the Department makes a determination of pollution or diminution under subsection (e), the procedures set forth in Section 245.615 shall be followed.

62 Ill. Adm. Code 245.615 Procedures

a) Upon a determination of pollution or diminution by the Department, the Department shall issue a Notice of Violation and proceed with appropriate enforcement pursuant to Subpart K. The enforcement shall, in addition to any other penalty available under the law, require the permittee to complete remedial action to temporarily or permanently restore or replace the affected water supply with an alternative source of water adequate in quantity and quality for the purposes served by the water source. The quality of a restored or replaced water source shall meet or exceed the quality of the original water source based upon the results of the baseline test results under Section 245.600(b) for that water source, or other available information. Further, as appropriate, the Department may require the permittee to take immediate action, including, but not limited to, repair, replacement, alteration, or prohibition of operation of equipment permitted by the Department. The Department, in consultation with the Agency and/or the Illinois Department of Public Health, may also issue conditions and orders to protect the public health, public safety, property, wildlife, aquatic life or environment. (Section 1-83(d) of the Act)

b) Within 15 calendar days after a determination of pollution or diminution, the Department shall, with assistance from other State and local agencies, provide notice of its Notice of Violation and determination on the Department's website and to all persons that use the water source for domestic, agricultural, industrial, or any other legitimate beneficial uses, as well as any certified local public health departments that serve those persons (Section 1-83(e) of the Act).

c) Upon issuance of a Notice of Violation pursuant to subsection (b), the Department shall contact the Agency and forward all information to the Agency. The Agency shall investigate the potential for violations as designated within Section 1-87 of the Act. (Section 1-83(f) of the Act)

d) The Department shall publish, on its website, lists of confirmed determinations of pollution or diminution that result from high volume horizontal hydraulic fracturing operations and are final administrative decisions. This information shall be searchable by county. (Section 1-83(h) of the Act)

e) The Agency shall have the duty to investigate complaints that activities under the Act or this Part have caused a violation of Section 12 of the Illinois Environmental Protection Act or surface or groundwater rules adopted under the Illinois Environmental Protection Act. Any action taken by the Agency in enforcing these violations shall be taken under and consistent with the Illinois Environmental Protection Act, including, but not limited to, the Agency's authority to seek a civil or criminal cause of action under that Act. (Section 1-87(b) of the Act)

62 Ill. Adm. Code 245.620 Rebuttable Presumption of Pollution or Diminution

a) This Section establishes a rebuttable presumption for use in determining the cause of water pollution or diminution, as defined by Section 1-5 of the Act, under Subpart K (Section 1-85(a) of the Act).

b) Unless rebutted by a defense established in subsection (c), it shall be presumed that any person conducting or who has conducted high volume horizontal hydraulic fracturing operations shall be liable for pollution or diminution of a water supply if (Section 1-85(b) of the Act):

1. the water source is within 1,500 feet of the well site (Section 1-85(b)(1) of the Act) where the HVHHF operations occurred;

2. water quality data showed no pollution or diminution before the start of high volume horizontal hydraulic fracturing operations (Section 1-85(b)(2) of the Act); and

3. the pollution or diminution occurred during high volume horizontal hydraulic fracturing operations or no more than 30 months after the completion of the high volume horizontal hydraulic fracturing operations (Section 1-85(b)(3) of the Act).

c) To rebut the presumption established under this Section, a person presumed responsible must affirmatively prove by clear and convincing evidence any of the following (Section 1-85(c) of the Act):

1. the water source is not within 1,500 feet of the well site (Section 1-85(c)(1) of the Act);

2. the pollution or diminution occurred before the high volume horizontal hydraulic fracturing operations or more than 30 months after the completion of the high volume horizontal hydraulic fracturing operations (Section 1-85(c)(2) of the Act); and

3. the pollution or diminution occurred as the result of an identifiable cause other than the high volume horizontal hydraulic fracturing operations (Section 1-85(c)(3) of the Act).

62 Ill. Adm. Code 245.630 Prohibitions

It is unlawful to inject or discharge hydraulic fracturing fluid, produced water, BTEX, diesel, or petroleum distillates into fresh water (Section 1-25(c) of the Act).

62 Ill. Adm. Code 245.700 Chemical Disclosure by Permittee

a) If the chemical disclosure information required by Section 245.210(a)(8) is not submitted at the time of permit application, then the permittee shall submit this information to the Department in electronic format no less than 21 calendar days before performing the high volume horizontal hydraulic fracturing operations (Section 1-77(a) of the Act).

b) Nothing in this Section shall prohibit the permittee from adjusting or altering the contents of the fluid during the treatment process to respond to unexpected conditions, as long as the permittee notifies the Department by electronic mail within 24 hours of the departure from the initial treatment design and includes a brief explanation detailing the reason for the departure (Section 1-77(a) of the Act).

c) No less than 21 calendar days before performing the first stimulation treatment of HVHHF operations, the permittee shall maintain and disclose to the Department separate and up-to-date master lists of (Section 1-77(c)(2) of the Act):

1. the base fluid to be used during any high volume horizontal hydraulic fracturing operations within this State (Section 1-77(c)(2)(A) of the Act);

2. all hydraulic fracturing additives to be used during any high volume horizontal hydraulic fracturing operations within this State (Section 1-77(c)(2)(B) of the Act); and

3. all chemicals and associated Chemical Abstract Service numbers to be used in any high volume horizontal hydraulic fracturing operations within this State (Section 1-77(c)(2)(C) of the Act).

d) If a permittee uses the services of another person to perform high volume horizontal hydraulic fracturing operations, that person shall comply with Section 245.710 (Section 1-77(b) of the Act).

62 Ill. Adm. Code 245.710 Chemical Disclosure by Contractor

a) A permittee shall be responsible to ensure that any contractor performing high volume horizontal hydraulic fracturing operations within this State on behalf of the permittee shall (Section 1-77(c) of the Act):

1. be authorized to do business in this State (Section 1-77(c)(1) of the Act);

2. provide the Department with the following information:

A) the contractor's business name, address, email address and telephone number;

B) the well name, permit number and permittee name for the well on which HVHHF operations will be conducted; and

C) the name, email address and telephone number of the person at the well site responsible for the HVHHF operations.

b) No less than 21 calendar days before performing the first stimulation treatment of HVHHF operations, the contractor performing HVHHF operations on behalf of the permittee shall maintain and disclose to the Department separate and up-to-date master lists of (Section 1-77(c)(2) of the Act):

1. the base fluid to be used during any high volume horizontal hydraulic fracturing operations within this State (Section 1-77(c)(2)(A) of the Act);

2. all hydraulic fracturing additives to be used during any high volume horizontal hydraulic fracturing operations within this State (Section 1-77(c)(2)(B) of the Act); and

3. all chemicals and associated Chemical Abstract Service numbers to be used in any high volume horizontal hydraulic fracturing operations within this State (Section 1-77(c)(2)(C) of the Act).

c) Nothing in this Section shall prohibit the contractor performing high volume horizontal hydraulic fracturing operations on behalf of the permittee from adjusting or altering the contents of the fluid during the treatment process to respond to unexpected conditions, as long as all other requirements of the Act and this Part are met and the contractor notifies the Department by electronic mail within 24 hours of the specific details of departure from the initial treatment design and includes a brief explanation detailing the reason for the departure (Section 1-77(a) of the Act).

62 Ill. Adm. Code 245.715 Chemical Use Prohibitions

a) The permittee performing HVHHF operations is prohibited from using any base fluid, hydraulic fracturing additive, or chemical not listed on their master lists disclosed under Section 245.700.

b) Contractors performing high volume horizontal hydraulic fracturing operations are prohibited from using any base fluid, hydraulic fracturing additive, or chemical not listed on their master lists disclosed under Section 245.710. (Section 1-77(d) of the Act)

62 Ill. Adm. Code 245.720 Department Publication of Chemical Disclosures and Claims of Trade Secret

a) The Department shall assemble and post up-to-date copies of the master lists of chemicals it receives under Sections 245.700 and 245.710 on its website within 14 calendar days after receipt (Section 1-77(e) of the Act).

b) When an applicant, permittee, or person performing high volume horizontal hydraulic fracturing operations furnishes chemical disclosure information to the Department under Section 245.210, 245.700, 245.710 or 245.860 under a claim of trade secret, the applicant, permittee, or person performing high volume horizontal hydraulic fracturing operations shall submit redacted and un-redacted copies of the documents identifying the specific information on the master list of chemicals claimed to be protected as trade secret. The redacted copy shall provide a description of the chemical family or other similar descriptor associated with that chemical. The Department shall use the redacted copies when posting the master list of chemicals on its website. (Section 1-77(f) of the Act)

c) Upon submission or within 5 calendar days after submission of the master list of chemicals with chemical disclosure information to the Department under Section 245.210, 245.700, 245.710 or 245.860 under a claim of trade secret, the person that claimed trade secret protection ("claimant") shall provide a justification of the claim containing an affidavit swearing or affirming under penalty of perjury, that the information is a bona fide trade secret. The affidavit shall include:

1. a detailed description of the procedures used by the claimant to safeguard that portion of the information on the master list of chemicals for which trade secret is claimed from becoming available to persons other than those selected by the claimant to have access to the information for limited purposes;

2. a certification that the person has no knowledge that the portion of the information on the master list of chemicals for which trade secret is claimed has ever been published or disseminated or has otherwise become a matter of general public knowledge;

3. identification of the claimant's specific use of the chemicals claimed as trade secret and explanation of why it is a secret of interest to competitors, including the following:

A) description of the specific use of the chemicals claimed as trade secret, identifying the product or process in which it is used. If the claimant uses the chemicals other than as a component of a product or in a manufacturing process, this description must identify the activity in which the chemical is used;

B) whether the claimant's company or facility identity has been linked to the specific identity claimed as trade secret in a patent or in publications or other information sources available to the public or the claimant's competitors. If so, include an explanation of why this knowledge does not eliminate the justification for trade secrecy;

4. a detailed discussion of why the person believes that the portion of the information on the master list of chemicals for which trade secret is claimed is of competitive value and an explanation of why the information has general competitive value, not just competitive value at the permitee's specific work site;

5. that the information being sought to be exempted is a "trade secret" as defined in Section 2(d) of the Illinois Trade Secrets Act [765 ILCS 1065];

6. the identity of each individual or entity to whom that portion of the information on the master list of chemicals for which trade secret is claimed has been disclosed, including all local, State and federal government entities to which the claimant has disclosed the information. For each such individual or entity, the claimant shall indicate what confidentiality claim was made and whether the individual or entity denied that claim; and

7. any other information that shall support the claim of trade secret (Section 1-77(g) of the Act).

d) Chemical disclosure information furnished under Section 245.210, 245.700, 245.710 or 245.860 under a claim of trade secret shall be protected from disclosure as a trade secret if the Department determines that the statement of justification demonstrates that (Section 1-77(h) of the Act):

1. the information has not been published, disseminated, or otherwise become a matter of general public knowledge (Section 1-77(h)(1) of the Act). There is a rebuttable presumption that the information has not been published, disseminated, or otherwise become a matter of general public knowledge if the person has taken reasonable measures to prevent the information from becoming available to persons other than those selected by the person to have access to the information for limited purposes and the statement of justification contains a certification that the person has no knowledge that the information has ever been published, disseminated, or otherwise become a matter of general public knowledge (Section 1-77(h) of the Act); and

2. the information has competitive value (Section 1-77(h)(2) of the Act).

e) Denial of a trade secret request under this Section shall be appealable under the Administrative Review Law (Section 1-77(i) of the Act) and the rules adopted under that Law.

f) A person whose request to inspect or copy a public record is denied, in whole or in part, because of a grant of trade secret protection may file a request for review with the Public Access Counselor under Section 9.5 of the Freedom of Information Act [5 ILCS 140] or for injunctive or declaratory relief under Section 11 of the Freedom of Information Act for the purpose of reviewing whether the Department properly determined that the trade secret protection should be granted (Section 1-77(j) of the Act).

g) Except as otherwise provided in Section 245.730 of this Part and Section 1-77(m) of the Act, the Department must maintain the confidentiality of chemical disclosure information furnished under Section 245.210, 245.700, 245.710 or 245.860 under a claim of trade secret, until the Department receives official notification of a final order by a reviewing body with proper jurisdiction that is not subject to further appeal rejecting a grant of trade secret protection for that information (Section 1-77(k) of the Act).

62 Ill. Adm. Code 245.730 Trade Secret Disclosure to Health Professional

a) Information furnished under a claim of trade secret will be provided by the Department to a health professional who:

1. states a need for the information and articulate why the information is needed;

2. states whether the affected patient requires emergency or non-emergency (Section 1-77(l) of the Act) health care services; and

3. identifies the name and profession of the health professional and the name and location of the facility where the affected patient is being treated.

b) A person furnishing information to the Department under a claim of trade secret shall:

1. provide the Department with a telephone number and e-mail where the trade secret holder may be reached at any time (24 hours/day, 7 days/week), and the Department shall post on its website, by county, a list of operators and well sites, showing or linking to the telephone and e-mail information of the trade secret claimant; and

2. post in a conspicuous place at the well site, available 24 hours/day, 7 days/week, the name, telephone number and address of an employee, agent or contractor of the permittee having knowledge of the specific chemicals being used in the HVHHF operation at any given time.

c) In an emergency health care situation, a health professional:

1. shall call the Department's Office of Oil and Gas Resource Management and the Department shall provide any properly-requested information to the health professional as quickly as possible by telephone, fax or other means of communication requested or agreed upon; or

2. may call the trade secret holder at any time (24 hours/day, 7 days/week) and request the information from the trade secret holder directly. The trade secret holder shall provide any properly-requested information to the health professional as quickly as possible, but at least within 2 hours, by telephone, fax or other means of communication requested or agreed upon.

d) In a non-emergency health care situation, a health professional shall:

1. call or email the Department's Office of Oil and Gas Resource Management. The Department shall provide any properly-requested information to the health professional within one business day by telephone, fax or other means of communication requested or agreed upon; or

2. call the trade secret holder at any time (24 hours/7 days a week) and submit a completed request for information to the trade secret holder directly by fax or email. The trade secret holder shall respond to the health professional within the same business day by fax or other methods determined by the trade secret holder to be a secure means of disclosure.

e) The health professional may share information disclosed pursuant to this Section with other persons as may be professionally necessary in accordance (and only in accordance) with the provisions of Section 1-77 of the Act.

f) If, pursuant to this Section, the Department releases any trade secret information to a health professional, it will notify the trade secret holder of that release.

62 Ill. Adm. Code 245.800 General Conditions and Requirements

a) During all phases of high volume horizontal hydraulic fracturing operations, the permittee shall comply with all terms of the permit, the Act and this Part (Section 1-75(a)(1) of the Act).

b) All phases of high volume horizontal hydraulic fracturing operations shall be conducted in a manner that shall not pose a significant risk to public health, life, property, aquatic life, wildlife or the environment (Section 1-75(a)(2) of the Act).

62 Ill. Adm. Code 245.805 Hydraulic Fracturing String Requirements and Pressure Testing

Hydraulic fracturing strings, if used in any wells regulated by this Part, shall be set or reset pursuant to the requirements of this Section.

a) Hydraulic fracturing strings must be either strung into a production liner or run with a packer set at least 100 feet below the deepest cement top.

b) A function-tested relief valve and diversion line must be installed and used to divert flow from the hydraulic fracturing string-casing annulus to a covered watertight steel tank in case of hydraulic fracturing string failure.

1. The relief valve must be set to limit the annular pressure to no more than 95% of the working pressure rating of the weakest casings forming the annulus.

2. The annulus between the hydraulic fracturing string and the production or immediate casing must be pressurized to at least 250 psi and monitored.

c) Hydraulic fracturing strings must be tested to not less than the maximum anticipated treating pressure minus the annulus pressure applied between the fracturing string and the production or immediate casing. The pressure test shall be considered successful if the pressure applied has been held for 30 minutes with no more than 5% pressure loss. (Section 1-70(d)(17) of the Act)

d) The permittee shall notify the Department's District Office by phone and electronic mail at least 24 hours before conducting a pressure test of the hydraulic fracturing string to enable an inspector to be present when the test is performed.

e) A record of the pressure test shall be made on a form prescribed by the Department, maintained by the permittee in the well file, and made available at the well site to the Department upon request and included in the HVHHF operations completion report pursuant to Section 245.860(d).

f) If any change to the well involving resetting, repositioning, reconnecting or breaking any pressure connection of the hydraulic fracturing string occurs after a stage of high volume horizontal hydraulic treatment, the pressure test requirements of subsections (c) through (e) must be successfully repeated before initiating any subsequent stage of HVHHF treatment.

62 Ill. Adm. Code 245.810 Surface Equipment Pressure Testing

For all wells regulated by this Part, the final configuration of surface equipment associated with the HVHHF treatment, including the injection lines and manifold, associated valves, fracture head or tree and any other wellhead components or connections, must be pressure tested pursuant to the requirements of this Section before any pumping of hydraulic fracturing fluid.

a) The permittee shall notify the Department's District Office by phone and electronic mail at least 24 hours before conducting a pressure test of the final configuration of the surface equipment used for the HVHHF treatment to enable an inspector to be present when the test is performed.

b) The final configuration of the surface equipment used for the HVHHF treatment must be pressure tested with fresh water or brine to at least the maximum anticipated treatment pressure for at least 30 minutes with less than a 5% pressure loss.

c) A record of the pressure test must be made on a form prescribed by the Department, maintained by the permittee in the well file, and made available at the well site to the Department upon request. (Section 1-75(b)(2) of the Act)

d) If the configuration of surface equipment used for the HVHHF treatment has been reconfigured or changed in any manner that breaks any pressure connection after a stage of HVHHF operations treatment, the pressure test requirements of subsections (a) through (c) must be successfully repeated before initiating any subsequent stage of HVHHF operations.

62 Ill. Adm. Code 245.815 Notice and Approval Before Commencement of High Volume Horizontal Hydraulic Fracturing Operations

Before commencement of HVHHF operations, the permittee must notify and receive written approval from the Department by U.S. mail or electronic mail. Department approval for HVHHF operations shall be based on the permittee's compliance with the following:

a) The permittee shall notify the Department's District Office by phone and electronic mail or letter at least 48 hours before the commencement of high volume horizontal hydraulic fracturing operations to enable an inspector to be present (Section 1-75(a)(3) of the Act). The notification under this subsection shall be notice for all stages of a multiple-stage HVHHF treatment.

b) Prior to conducting high volume horizontal hydraulic fracturing operations at a well site, the permittee shall cause to be plugged all previously abandoned unplugged or insufficiently plugged well bores within 750 feet of any part of the horizontal well bore that penetrated within 400 vertical feet of the geologic formation that will be stimulated as part of the high volume horizontal hydraulic fracturing operations (Section 1-95(b) of the Act). In determining whether a well has been sufficiently plugged, the Department will consider, but is not limited to, well completion reports, cementing records, well construction records, cement bond logs, tracer surveys, oxygen activation logs and plugging records. Plugging under this subsection shall be performed as required by Section 245.1010.

c) Baseline water quality sampling of all water sources within 1,500 feet of the well site must be completed pursuant to Section 245.600(b).

d) All tests required by the following Sections shall be conducted:

1. Section 245.540: well casing internal mechanical integrity tests (see Sections 1-75(b)(1) and 1-70(d)(16) of the Act);

2. Section 245.580: formation integrity tests (see Sections 1-75(b)(1) and 1-70(d)(18) of the Act);

3. Section 245.805: hydraulic fracturing string pressure tests, if required (see Sections 1-75(b)(1) and 1-70(d)(17) of the Act);

4. Section 245.810: surface equipment pressure tests (see Section 1-75(b)(2) of the Act); and

5. All information previously requested by the Department shall be supplied to the Department, and any information that was accurate at the time of submission but no longer accurate shall be updated.

62 Ill. Adm. Code 245.820 Secondary Containment Inspections

No more than one hour before initiating any stage of the high volume horizontal hydraulic fracturing operations, all secondary containment required pursuant to Section 245.825(b) must be visually inspected by the permittee or the contractor performing the HVHHF operations on behalf of the permittee to ensure that all structures and equipment are in place and in proper working order. The results of this inspection must be recorded and documented by the permittee or the contractor performing the HVHHF operations on behalf of the permittee on a form prescribed by the Department, maintained in the well file, and made available at the well site to the Department upon request. (Section 1-75(c)(13) of the Act)

62 Ill. Adm. Code 245.825 General Fluid Storage

In accordance with the approved hydraulic fracturing fluid and flowback plan required by Section 245.210(a)(11) and the approved containment plan required by Section 245.210(a)(13), and except as provided in Section 245.830, hydraulic fracturing additives, hydraulic fracturing fluid, hydraulic fracturing flowback, and produced water shall be stored in above-ground tanks pursuant to the requirements of this Section at all times until removed for proper disposal or recycling (Section 1-75(c)(1) and (c)(2) of the Act).

a) Above-ground tanks must be:

1. closed, watertight, vented in compliance with Section 245.910, and corrosion-resistant (Section 1-75(c)(4) of the Act);

2. constructed of materials compatible with the composition of the hydraulic fracturing fluid, hydraulic fracturing flowback, and produced water (Section 1-70(b)(3) of the Act). For purposes of this Section, for the materials of a containing mechanism or device to be "compatible" means that the materials are resistant to corrosion, erosion, swelling, deterioration or other damage as a result of normal exposure to whatever substances it is intended to contain, as well as exposure to weather and natural hazards;

3. of sufficient pressure rating (Section 1-75(c)(6) of the Act);

4. maintained in a leak-free condition (Section 1-75(c)(6) of the Act); and

5. routinely inspected for corrosion, at least semiannually (Section 1-75(c)(4) of the Act). Permittees shall maintain records of these periodic inspections.

b) Secondary containment is required for all above-ground tanks and additive staging areas.

1. Secondary containment measures may include one or a combination of the following: dikes, liners, pads, impoundments, curbs, sumps, or other structures or equipment capable of containing the substance within the well site.

2. Any secondary containment must be sufficient to contain 150% of the total capacity of the single largest container or tank within a common containment area (Section 1-75(c)(13) of the Act), be compatible with the environment and the substances to be contained, and be protected from heavy vehicle or equipment traffic.

c) Piping, conveyances, valves in contact with hydraulic fracturing fluid, hydraulic fracturing flowback, or produced water must be (Section 1-70(b)(3) of the Act):

1. constructed of materials compatible with the expected composition of the hydraulic fracturing fluid, hydraulic fracturing flowback, and produced water (Section 1-70(b)(3) of the Act);

2. of sufficient pressure rating (Section 1-75(c)(6) of the Act);

3. able to resist corrosion (Section 1-75(c)(6) of the Act); and

4. maintained in a leak-free condition. (Section 1-75(c)(6) of the Act)

d) Stationary fueling tanks shall meet the requirements of this subsection (d).

1. Stationary fueling tanks shall have secondary containment in accordance with subsection (b) (Section 1-70(c)(2) of the Act);

2. Stationary fueling tanks shall be subject to the setback requirements of Section 245.400 (Section 1-70(c)(2) of the Act);

3. Stationary fueling tank filling operations shall be supervised at the fueling truck and at the tank if the tank is not visible to the fueling operator from the truck (Section 1-70(c)(3) of the Act); and

4. Troughs, drip pads, or drip pans are required beneath the fill port of a stationary fueling tank during filling operations if the fill port is not within the secondary containment required by subsection (b) (Section 1-70(c)(4) of the Act).

e) Fresh water may be stored in tanks or pits at the election of the permittee (Section 1-75(c)(3) of the Act).

f) Any tank, structure, measure or device intended or used for storage of hydraulic fracturing fluid, hydraulic fracturing flowback, or produced water, unless demonstrated to be outside the regulatory floodplain, shall be considered a construction subject to 17 Ill. Adm. Code 3706.240 and 3706.630 and constructed to the standards set forth in 17 Ill. Adm. 3706.530(b) or (c), as applicable. No above-ground tanks or secondary containment structure, measure or device containing or intended to contain hydraulic fracturing fluid, hydraulic fracturing flowback, or produced water, whether for storage or otherwise, may be located in the regulatory floodway (17 Ill. Adm. Code 3706.420) unless the applicant first secures the necessary permits and completes any mitigation measures required by any permitting agency.

62 Ill. Adm. Code 245.830 Reserve Pits

a) In accordance with the hydraulic fracturing fluids and flowback plan required by Section 245.210(a)(11) and the containment plan required pursuant to Section 245.210(a)(13), and as approved by the Department, the use of a reserve pit is allowed for the temporary storage of hydraulic fracturing flowback. The reserve pit shall be used only in the event of a lack of capacity for tank storage due to higher than expected volume or rate of hydraulic fracturing flowback, or other unanticipated flowback occurrence. (Section 1-75(c)(2) of the Act)

b) All reserve pits must comply with the following construction standards and liner specifications (Section 1-75(c)(2) of the Act):

1. the synthetic liner material shall have a minimum thickness of 24 mils with high puncture and tear strength and be impervious and resistant to deterioration (Section 1-75(c)(2)(A) of the Act);

2. the pit lining system shall be designed to have a capacity at least equivalent to 110% of the maximum volume of hydraulic fracturing flowback anticipated to be recovered (Section 1-75(c)(2)(B) of the Act);

3. the lined pit shall be constructed, installed, and maintained in accordance with the manufacturers' specifications and good engineering practices to prevent overflow during any use (Section 1-75(c)(2)(C) of the Act);

4. the liner shall have sufficient elongation to cover the bottom and interior sides of the pit with the edges secured with at least a 12 inch deep anchor trench around the pit perimeter to prevent any slippage or destruction of the liner materials (Section 1-75(c)(2)(D) of the Act);

5. the foundation for the liner shall be free of rock and constructed with soil having a minimum thickness of 12 inches after compaction covering the entire bottom and interior sides of the pit (Section (c)(2)(E) of the Act); and

6. if located in the regulatory floodway, the reserve pit shall be considered a construction subject to 17 Ill. Adm. Code 3706.240 and 3706.630 and, in addition to the requirements of subsections (b)(1) through (b)(5), shall be constructed to the standards set forth in 17 Ill. Adm. Code 3706.530(b) or (c), or a successor rule, as applicable. No reserve pits may be located in the regulatory floodway or the flood fringe (17 Ill. Adm. Code 3706.420 and 3706.520(b)), unless the applicant first secures the necessary permits and completes any mitigation measures required by any permitting agency.

c) Hydraulic fracturing flowback reserve pit liners shall be disposed of in an Agency-permitted special waste landfill.

62 Ill. Adm. Code 245.835 Mechanical Integrity Monitoring

a) During high volume horizontal hydraulic fracturing operations, all sealed annulus pressures, the injection pressure, and the rate of injection shall be continuously monitored and recorded. The records of the monitoring shall be maintained by the permittee in the well file and shall be provided to the Department upon request at any time during the period up to and including 5 years after the well is permanently plugged or abandoned. (Section 1-75(b)(4) of the Act)

b) During high volume horizontal hydraulic fracturing operations:

1. The pressure test values established for the internal mechanical integrities of the cemented casings pursuant to Section 245.540 and of the hydraulic fracturing string pursuant to Section 245.805 shall not be exceeded. If any of these pressures decline more than 5% or if there are other indications of a leak, including but not limited to an increase in pressure in the annulus, exceeding the minimum internal yield in the casing string, or a visible leak at the surface, corrective action shall be taken before conducting further high volume horizontal hydraulic fracturing operations. (Section 1-70(d)(16) of the Act)

2. The pressure exerted on treating equipment, including valves (includes hydraulic fracturing string relief valve; see Section 245.805(b) of this Part and Section 1-70(d)(17) of the Act), lines, manifolds, hydraulic fracturing head or tree, casing and hydraulic fracturing string, if used, and any other wellhead component or connection, must not exceed 95% of the working pressure rating of the weakest component (Section 1-75(b)(2) and (b)(3) of the Act).

3. The relief valve installed pursuant to Section 245.560(o) should be set so that the pressure exerted on the casing does not exceed the mechanical integrity test pressure of the casing established pursuant to Section 245.240.

4. The actual hydraulic fracturing treatment pressure during HVHHF operations must not, at any time, exceed the mechanical integrity test pressures of the casings established pursuant to Section 245.540 (Section 1-70(d)(18) of the Act).

c) High volume horizontal hydraulic fracturing operations must be immediately suspended if the permittee or Department inspector determines that any anomalous pressure or flow condition or any other anticipated pressure or flow condition is occurring in a way that indicates the mechanical integrity of the well has been compromised and continued operations pose a risk to public health, public safety, property, wildlife, aquatic life or the environment. Remedial action shall be immediately undertaken. (Section 1-75(b)(5) of the Act)

d) The permittee shall notify the Department inspector and the Department's District Office by phone and electronic mail within 1 hour after suspending operations for any matters relating to the mechanical integrity of the well or risk to the environment. (Section 1-75(b)(5) of the Act)

e) Operations shall not resume until the appropriate pressure tests referenced in Sections 245.805 and 245.810 have been successfully repeated.

62 Ill. Adm. Code 245.840 Hydraulic Fracturing Fluid and Flowback Confinement

a) Hydraulic fracturing fluid shall be confined to the targeted formation designated in the permit.

b) If the hydraulic fracturing fluid or hydraulic fracturing flowback migrate into a fresh water zone or to the surface from the well in question or from other wells, the permittee shall immediately notify the Department and the county and certified local public health department (if any) and shut in the well until remedial action that prevents the fluid migration is completed. The permittee shall obtain the approval of the Department prior to resuming operations. (Section 1-75(d) of the Act)

c) Permittee shall be responsible for damages caused by the migration of hydraulic fracturing fluid or hydraulic fracturing flowback outside the targeted formation.

62 Ill. Adm. Code 245.845 Management of Gas and Produced Hydrocarbons During Flowback

For wells regulated by this Part, permittees shall be responsible for managing natural gas and hydrocarbon fluids produced during the flowback period to ensure no direct release to the atmosphere or environment as follows:

a) Except for wells covered by subsection (f), recovered hydrocarbon fluids shall be:

1. Routed to one or more storage vessels; or

2. Injected into a permitted Class II UIC well as described in Section 245.300(c)(7); or

3. Used for another lawful and useful purpose that a purchased fuel or raw material would serve, with no direct release to the environment.

b) Except for wells covered by subsection (e), recovered natural gas shall be:

1. Routed into a flow line or collection system; or

2. Injected into a permitted Class II UIC well as described in Section 245.300(c)(7); or

3. Used as an on-site fuel source; or

4. Used for another lawful and useful purpose that a purchased fuel or raw material would serve, with no direct release to the atmosphere. (Section 1-75(e)(2) of the Act)

c) If it is technically infeasible or economically unreasonable to minimize emissions associated with the venting of hydrocarbon fluids and natural gas during the flowback period using the methods specified in subsections (a) and (b), the Department, in consultation with the Agency as the Department deems appropriate, shall require the permittee to capture and direct the emissions to a completion combustion device, except:

1. When conditions may result in a fire hazard or explosion; or

2. Where high heat emissions from a completion combustion device may negatively impact waterways.

d) In order to establish technical infeasibility under subsection (c), the permittee must demonstrate to the Department's satisfaction that the technology listed in subsections (a) and (b) does not exist, cannot be installed at the well site, will not achieve the result intended, or is otherwise unavailable or ineffective. The permittee claiming economic unreasonableness shall provide the Department with the following:

1. The method the applicant used to determine it is economically unreasonable to implement the methods specified in subsection (a) or (b);

2. Applicant's experience in implementing the methods specified in subsection (a) or (b);

3. Estimated costs of implementing the methods specified in subsection (a) or (b), and sources for those estimates;

4. Anticipated rates (by day) and amounts (total for well) of fluids and/or gas to be directed to the completion combustion device; and

5. Any other information requested by the Department or that documents the economic unreasonableness claimed.

e) Completion combustion devices must be equipped with an auto-igniter and a reliable continuous ignition source over the duration of the flowback period. (Section 1-75(e)(3) of the Act)

f) For each wildcat well, delineation well, or low pressure well, permittees shall be responsible for minimizing the emissions associated with venting of hydrocarbon fluids and natural gas during the flowback period by capturing and directing the emissions to a completion combustion device during the flowback period, except in conditions that may result in a fire hazard or explosion, or where high heat emissions from a completion combustion device may negatively impact waterways. Completion combustion devices shall be equipped with a reliable continuous ignition source over the duration of the flowback period. (Section 1-75(e)(8) of the Act)

62 Ill. Adm. Code 245.850 Hydraulic Fracturing Fluid and Hydraulic Fracturing Flowback Storage, Disposal or Recycling, Transportation and Reporting Requirements

The permittee shall notify the Department of the date when HVHHF operations are completed and shall dispose of or recycle hydraulic fracturing fluids and hydraulic fracturing flowback pursuant to the requirements of this Section.

a) Completion of HVHHF operations occurs when the flowback period begins after the last stage of HVHHF operations. The permittee shall notify the Department's District Office by phone and electronic mail within 24 hours after HVHHF operations are completed.

b) Hydraulic fracturing fluids and hydraulic fracturing flowback must be removed from the well site within 60 days after completion of high volume horizontal fracturing operations, except as provided in subsection (c) (Section 1-75(c)(5) of the Act).

c) Any excess hydraulic fracturing flowback captured for temporary storage in a reserve pit as provided in Section 245.825 must be either removed from the well site or transferred to storage in above-ground tanks for later disposal or recycling within 7 days after the fluid is first deposited into the reserve pit (Section 1-75(c)(5) of the Act). Excess hydraulic fracturing flowback cannot be removed from the well site until the hydraulic fracturing flowback is tested and the analytical results are provided pursuant to subsection (d).

d) Testing of hydraulic fracturing flowback shall be completed as follows:

1. Hydraulic fracturing flowback must be tested for the presence of volatile organic chemicals, semi-volatile organic chemicals, inorganic chemicals, heavy metals, and naturally occurring radioactive material before removal from the well site, including specifically:

A) pH;

B) total dissolved solids, dissolved methane, dissolved propane, dissolved ethane, alkalinity and specific conductance;

C) chloride, sulfate, arsenic, barium, calcium, chromium, iron, magnesium, selenium, cadmium, lead, manganese, mercury and silver;

D) BTEX; and

E) gross alpha and beta particles to determine the presence of any naturally occurring radioactive materials.

2. Testing shall be completed on a composited sample of the hydraulic fracturing flowback.

3. Testing shall occur once per well site at an Agency-accredited or -certified independent laboratory. When no laboratory has been accredited or certified by the Agency to analyze a particular substance requested in this subsection (d), results will be considered only if they have been analyzed by a laboratory accredited or certified by another State agency or an agency of the federal government, if the standards used for the accreditation or certification of that laboratory are substantially equivalent to the accreditation standard under Section 4(o) of the Illinois Environmental Protection Act [415 ILCS 5].

4. The analytical results shall be filed with the Department and the Agency, and provided to the liquid oilfield waste transportation and disposal operators at or before the time of pickup. (Section 1-75(c)(7) of the Act)

e) Before plugging and site restoration required by Section 245.1030, the ground adjacent to the storage tanks and any hydraulic fracturing flowback reserve pit must be measured for radioactivity (Section 1-75(c)(7) of the Act).

f) Surface discharge of hydraulic fracturing fluids or hydraulic fracturing flowback onto the ground or into any surface water or water drainage way at the well site or any other location is prohibited (Sections 1-75(c)(9) and 1-25(c) of the Act).

g) Except for recycling allowed by subsection (i), hydraulic fracturing flowback may only be disposed of by injection into a Class II injection disposal well that is below interface between fresh water and naturally occurring Class IV groundwater (Sections 1-75(c)(8) and 1-25(c) of the Act). The Class II injection disposal well must be equipped with an electronic flowmeter and approved by the Department.

h) Fluid transfer operations from tanks to tanker trucks for transportation offsite must be supervised at the truck and at the tank if the tank is not visible to the truck operator from the truck. During transfer operations, all interconnecting piping must be supervised if not visible to transfer personnel at the truck and tank. (Section 1-75(c)(6) of the Act)

i) Hydraulic fracturing flowback may be treated and recycled for use in hydraulic fracturing fluid for high volume horizontal hydraulic fracturing operations. (Section 1-75(c)(8) of the Act)

j) Transport of all hydraulic fracturing fluids and hydraulic fracturing flowback by vehicle for disposal or recycling must be undertaken by a liquid oilfield waste hauler permitted by the Department under Section 8c of the Illinois Oil and Gas Act. The liquid oilfield waste hauler transporting hydraulic fracturing fluids or hydraulic fracturing flowback under this Part shall comply with all laws, rules, and regulations concerning liquid oilfield waste. (Section 1-75(c)(10) of the Act)

k) A fluid handling report on the transportation and disposal or recycling of the hydraulic fracturing fluids and hydraulic fracturing flowback shall be prepared by the permittee on a form prescribed by the Department and included in the well file.

1. Each report must include:

A) the amount of hydraulic fracturing fluids or hydraulic fracturing flowback transported;

B) identification of the company that transported the hydraulic fracturing fluids or hydraulic fracturing flowback;

C) the date the hydraulic fracturing fluids or hydraulic fracturing flowback were picked up from the well site (see Section 1-75(c)(14) of the Act);

D) the destination of the hydraulic fracturing fluids or hydraulic fracturing flowback, including the name, address and type of facility accepting the hydraulic fracturing fluids or hydraulic fracturing flowback;

E) the method of disposal (Section 1-75(c)(14) of the Act) or recycling; and

F) a copy of the analytical results of the testing required pursuant to subsection (d).

2. The permittee shall prepare 4 copies of each fluid handling report for distribution as follows:

A) one copy for the permittee's records;

B) two copies for the liquid oilfield waste hauler upon pick-up of the liquids as follows:

i) one copy for the waste hauler's records; and

ii) one copy to be provided to the permittee of the Class II UIC well, to the operator of the storage location where the liquids will be disposed of, or to the operator of the storage location where liquids will be recycled; and

C) one copy for the Department. A set of all fluid handling reports shall be submitted to the Department within 90 days after the completion of all HVHHF operations.

3. All copies of the fluid handling reports shall be retained for at least 5 years.

62 Ill. Adm. Code 245.855 Spills and Remediation

a) Any release of hydraulic fracturing fluid, hydraulic fracturing additive, hydraulic fracturing flowback, or produced water, used or generated during or after high volume horizontal hydraulic fracturing operation, shall be immediately cleaned up and remediated pursuant to requirements of the Illinois Oil and Gas Act and the administrative rules promulgated under the Act.

b) Any release of hydraulic fracturing fluid or hydraulic fracturing flowback in excess of one barrel, shall be reported to the Department.

c) Any release of produced water in excess of 5 barrels shall be cleaned up, remediated, and reported pursuant to requirements of the Illinois Oil and Gas Act and the administrative rules promulgated under that Act.

d) Any release of a hydraulic fracturing additive shall be reported to IEMA in accordance with the appropriate reportable quantity thresholds established under the federal Emergency Planning and Community Right-to-Know Act as published at 40 CFR 355, 370, and 372, the federal Comprehensive Environmental Response, Compensation, and Liability Act as published in 40 CFR 302, and Section 112(r) of the Federal Clean Air Act as published at 40 CFR 68. (Section 1-75(c)(12) of the Act)

62 Ill. Adm. Code 245.860 High Volume Horizontal Hydraulic Fracturing Operations Completion Report

a) Within 60 calendar days after the conclusion of high volume horizontal hydraulic fracturing operations, the permittee shall file a high volume horizontal hydraulic fracturing operations completion report with the Department in hard copy and electronic format (PDF).

b) A copy of each completion report submitted to the Department shall be provided by the Department to the Illinois State Geological Survey in electronic format.

c) Completion reports shall be made available on the Department's website no later than 30 days after receipt by the Department. (Section 1-75(f) of the Act)

d) The high volume horizontal hydraulic fracturing operations completion report shall contain the following information (Section 1-75(f) of the Act):

1. the permittee's name as listed in the permit application (Section 1-75(f)(1) of the Act);

2. the dates of the high volume horizontal hydraulic fracturing operations (Section 1-75(f)(2) of the Act);

3. the county where the well is located (Section 1-75(f)(3) of the Act);

4. the well name and Department reference number (Section 1-75(f)(4) of the Act);

5. the total water volume used in each stage and the total used in the high volume horizontal hydraulic fracturing operations of the well, and the type and total volume of the base fluid used if something other than water (Section 1-75(f)(5) of the Act);

6. each source from which the water used in the high volume horizontal hydraulic fracturing operations was drawn, and the specific location of each source, including, but not limited to, the name of the county and latitude and longitude coordinates (Section 1-75(f)(6) of the Act);

7. the quantity of hydraulic fracturing flowback recovered from the well and the time period for flowback recovery (Section 1-75(f)(7) of the Act);

8. a description of how hydraulic fracturing flowback recovered from the well was disposed or recycled (Section 1-75(f)(8) of the Act);

9. a chemical disclosure report identifying each chemical and proppant used in hydraulic fracturing fluid for each stage of the high volume horizontal hydraulic fracturing operations including the following (Section 1-75(f)(9) of the Act):

A) the total volume of water used in the high volume horizontal hydraulic fracturing treatment of the well or the type and total volume of the base fluid used in the high volume horizontal hydraulic fracturing treatment, if something other than water (Section 1-75(f)(9)(A) of the Act);

B) each hydraulic fracturing additive used in the hydraulic fracturing fluid, including the trade name, vendor, a brief descriptor of the intended use or function of each hydraulic fracturing additive, and the Material Safety Data Sheet (MSDS), if applicable (Section 1-75(f)(9)(B) of the Act);

C) each chemical intentionally added to the base fluid, including, for each chemical, the Chemical Abstracts Service number, if applicable (Section 1-75(f)(9)(C) of the Act); and

D) the actual concentration in the base fluid, in percent by mass, of each chemical intentionally added to the base fluid (Section 1-75(f)(9)(D) of the Act);

10. a copy of the hydraulic fracturing string pressure test conducted pursuant to Section 245.805(e), if applicable;

11. all pressures recorded during the high volume horizontal hydraulic fracturing operations in accordance with Section 245.835 (Section 1-75(f)(10) of the Act);

12. plans for how produced water will be disposed of or recycled as required by Section 245.940 (see Section 1-75(c)(8) of the Act). If produced water is to be disposed of, the names and locations of Class II injection wells to be used. All Class II injection wells to be used for disposal of produced water must be shown to be in compliance with 62 Ill. Adm. Code 240.360 at the time of the issuance of the high volume horizontal hydraulic fracturing permit; and

13. any other reasonable or pertinent information related to the conduct of the high volume horizontal hydraulic fracturing operations the Department may request or require (Section 1-75(f)(11) of the Act).

e) The HVHHF operations completion report must be approved and signed and certified by a licensed professional engineer, licensed profession geologist or the permittee.

62 Ill. Adm. Code 245.870 Use of Diesel in High Volume Horizontal Hydraulic Fracturing Operations Is Prohibited

It is unlawful to perform any high volume horizontal hydraulic fracturing operations by knowingly or recklessly injecting diesel (Section 1-25(d) of the Act).

62 Ill. Adm. Code 245.900 Managing Natural Gas and Hydrocarbon Fluids During Production

For wells regulated by this Part, permittees shall be responsible for minimizing the emissions associated with venting of hydrocarbon fluids and natural gas during the production phase to safely maximize resource recovery and minimize releases to the environment (Section 1-75(e)(4) of the Act).

a) Except for wells covered by subsection (i), sand traps, surge vessels, separators, and tanks must be employed as soon as practicable during cleanout operations to safely maximize resource recovery and minimize releases to the environment. (Section 1-75(e)(4)(B) of the Act)

b) Except for wells covered by subsection (i), recovered hydrocarbon fluids must be routed into storage vessels. (Section 1-75(e)(4)(A) of the Act)

c) Except for wells covered by subsection (i), recovered natural gas must be:

1. routed into a gas gathering line or collection system, or to a generator for onsite energy generation;

2. provided to the surface landowner of the well site for use for heat or energy generation; or

3. used for a lawful and useful purpose other than venting or flaring. (Section 1-75(e)(4)(A))

d) If the permittee establishes that it is technically infeasible or economically unreasonable to minimize emissions associated with the venting of hydrocarbon fluids and natural gas during production using the methods specified in subsections (b) and (c), the Department, in consultation with the Agency as the Department deems appropriate, shall require the permittee to capture and direct any natural gas produced during the production phase to a flare.

e) In order to establish technical infeasibility under subsection (d), the permittee must demonstrate to the Department's satisfaction, for each well site on an annual basis, that taking the actions listed in subsections (b) and (c) are not cost effective based on a well site-specific analysis, and that the technology listed in subsections (b) and (c) does not exist, cannot be installed at the well site, will not achieve the result intended, or is otherwise unavailable or ineffective. The permittee claiming economic unreasonableness shall provide the Department with the following:

1. The method the applicant used to determine it is economically unreasonable to implement the methods specified in subsection (b) or (c);

2. Applicant's experience in implementing the methods specified in subsection (b) or (c);

3. Estimated costs of implementing the methods specified in subsection (b) or (c) and sources for those estimates;

4. Anticipated rates (by day) and amounts (total for well) of fluids and/or gas to be directed to the flare; and

5. Any other information requested by the Department or that documents the economic unreasonableness claimed.

f) Any flare used pursuant to this Section shall be equipped with an auto-igniter and a reliable continuous ignition source over the duration of production. The manufacturer's specifications for all flares must be provided to the Department before operation of the flare begins, and the Department shall post the specifications to its website.

g) Permittees that use a flare during the production phase for operations other than emergency conditions shall visually inspect or monitor the flare on a regular basis to insure it is operating properly. The permittee shall file an updated well site-specific analysis annually with the Department on a form prescribed by the Department in consultation with the Agency. The analysis shall:

1. be due one year from the date of the previous submission;

2. report the dates and duration of any period during which the flare is not operating properly; and

3. detail whether any changes have occurred that alter the technical infeasibility or economic unreasonableness of the permittee to reduce emissions in accordance with subsections (b) and (c). (Section 1-75(e)(5) of the Act)

h) On or after July 1, 2015, all flares used under this Section shall:

1. operate with a combustion efficiency of at least 98% and in accordance with 40 CFR 60.18;

2. be certified by the manufacturer of the device; and

3. be maintained and operated in accordance with manufacturer specifications. (Section 1-75(e)(9) of the Act)

i) For each wildcat well, delineation well, or low pressure well, permittees shall be responsible for minimizing the emissions associated with venting of hydrocarbon fluids and natural gas during the production phase by capturing and directing the emissions to a flare during the production phase, except in conditions that may result in a fire hazard or explosion, or where high heat emissions from a flare may negatively impact waterways. Flares shall be used during the production phase. (Section 1-75(e)(8) of the Act)

62 Ill. Adm. Code 245.910 Uncontrolled Emissions from Storage Tanks Containing Natural Gas and Hydrocarbon Fluids

a) In addition to the requirements of Section 245.900, uncontrolled emissions exceeding 6 tons per year from storage tanks containing natural gas or hydrocarbon fluids shall be recovered and routed to a flare that is designed in accordance with 40 CFR 60.18 and is certified by the manufacturer of the device. Permittees shall calculate whether uncontrolled emissions from storage tanks exceed 6 tons per year by using a generally accepted model or calculation methodology based on the maximum average daily throughput determined for a 30 day period of production prior to the applicable emission determination deadline, pursuant to 40 CFR 60.5365(e).

b) The permittee shall maintain and operate the flare in accordance with the manufacturer's specifications.

c) Any flare used under this Section must be equipped with an auto-igniter and a reliable continuous ignition source over the duration of production pursuant to the requirements of Section 245.900(h). (Section 1-75(e)(6) of the Act) The manufacturer's specifications for all flares must be provided to the Department before operation of the flare begins, and the Department shall post the specifications to its website.

62 Ill. Adm. Code 245.920 Flaring Waiver

For wells regulated by this Part:

a) The Department, in consultation with the Agency as the Department deems appropriate, may approve an exemption request made in writing that waives the flaring requirements of Sections 245.900 and 245.910 only if the permittee demonstrates to the Department's satisfaction that the use of the flare will pose a significant risk of injury or property damage and that alternative methods of collection will not threaten harm to public health, public safety, property, wildlife, aquatic life or the environment (Section 1-75(e)(7) of the Act).

b) In determining whether to approve a waiver, the Department, in consultation with the Agency as the Department deems appropriate, shall consider the quantity of casinghead gas produced, the topographical and climatological features at the well site, and the proximity of agricultural structures, crops, inhabited structures, public buildings, and public roads and railways (Section 1-75(e)(7) of the Act).

c) The Department, in consultation with the Agency as the Department deems appropriate, shall provide the permittee with a written decision.

62 Ill. Adm. Code 245.930 Annual Flaring Reports

Pursuant to Sections 245.900 and 245.910, permittees shall record the amount of gas flared or vented from each high volume horizontal hydraulic fracturing well or storage tank on at least a weekly basis (Section 1-75(e)(11) of the Act). Every 12 months from the date of permit issuance under this Part, permittees shall report the total amount of gas flared or vented from each well during the previous 12 months, by week, to the Department. The Department will post the reports on the Department's website.

62 Ill. Adm. Code 245.940 Produced Water Disposal or Recycling, Transportation and Reporting Requirements

The permittee shall dispose of or recycle produced water in accordance with the requirements of this Section:

a) Surface discharge of produced water onto the ground or into any surface water or water drainage way is prohibited (Sections 1-75(c)(9) and 1-25(c) of the Act).

b) Except for recycling allowed under subsection (d), produced water may only be disposed of by injection into a Class II injection well that is below interface between fresh water and naturally occurring Class IV groundwater (Sections 1-75(c)(8) and 1-25(c) of the Act). Unless used for enhanced oil recovery, the Class II injection well must be equipped with an electronic flowmeter and approved by the Department.

c) Produced water transfer operations from tanks to tanker trucks for transportation offsite must be supervised at the truck and at the tank if the tank is not visible to the truck operator from the truck. During transfer operations, all interconnecting piping must be supervised if not visible to transfer personnel at the truck and tank. (Section 1-75(c)(6) of the Act)

d) Produced water may be treated and recycled for use in hydraulic fracturing fluid for high volume horizontal hydraulic fracturing operations (Section 1-75(c)(8) of the Act).

e) Transport of produced water by vehicle for disposal or recycling must be undertaken by a liquid oilfield waste hauler permitted by the Department under Section 8c of the Illinois Oil and Gas Act. The liquid oilfield waste hauler transporting produced water under this Part shall comply with all laws, rules, and regulations concerning liquid oilfield waste. (Section 1-75(c)(10) of the Act)

f) Permittees must submit an annual produced water report to the Department detailing the management of any produced water associated with the permitted well.

1. The produced water report shall be due to the Department no later than April 30 of each year and shall provide information on the operator's management of any produced water for the prior calendar year and the anticipated management for the next calendar year; and

2. The produced water report shall contain information relative to the amount of produced water from the well, the method by which the produced water was transported and disposed of or recycled, the destination where the produced water was disposed of (Section 1-75(c)(15) of the Act) or recycled.

62 Ill. Adm. Code 245.1000 Plugging and Restoration Requirements

a) The permittee shall perform and complete plugging of the well and restoration of the well site in accordance with the Illinois Oil and Gas Act and any and all rules adopted under that Act (62 Ill. Adm. Code 240.Subpart K). The permittee shall bear all costs related to plugging of the well and reclamation of the well site.

b) If the permittee fails to plug the well in accordance with this Section, the owner of the well shall be responsible for complying with this Section. (Section 1-95(a) of the Act)

c) Special Plugging Requirement

If the permittee stimulates the geologic formation in accordance with the permit using a high volume horizontal hydraulic fracturing process, then once commercial production ceases from the well and it is time to plug the well, in addition to all the other requirements, the permittee shall initiate the plugging process using a circulation method starting at the top of the geologic formation stimulated installing a cement plug at least 100 feet above the top of the geologic formation.

d) Upon completion of the requirements of this Subpart J, the Department will release the permit in accordance with Section 245.350.

62 Ill. Adm. Code 245.1010 Plugging Previously Abandoned Unplugged or Insufficiently Plugged Wells

a) The permittee shall plug any abandoned unplugged, or insufficiently plugged, well bores within 750 feet of any part of the horizontal well bore that penetrated within 400 vertical feet of the geologic formation that will be stimulated as part of the permittee's proposed high volume horizontal hydraulic fracturing operations (Section 1-95 of the Act). In determining whether a well has been sufficiently plugged, the Department will consider, but is not limited to, well completion reports, cementing records, well construction records, cement bond logs, tracer surveys, oxygen activation logs and plugging records. The permittee shall complete this plugging before the permittee conducts any HVHHF operations.

b) This pre-HVHHF operations plugging obligation shall be performed in accordance with 62 Ill. Adm. Code 240.1110.

1. If the permittee does not have authority to plug an abandoned well within the Plugging and Restoration Fund Program, the Department will give the permittee authority to enter upon the land, plug the well, and restore the well site consistent with 62 Ill. Adm. Code 240.1610(e).

2. If the permittee does not have authority to plug an abandoned well that is not within the Plugging and Restoration Fund Program, either:

A) the Department will initiate abandoned well proceedings pursuant to Section 19.1 of the Illinois Oil and Gas Act and 62 Ill. Adm. Code 240.1610, in order to grant the permittee authority to plug the abandoned well; or

B) the permittee will work with the landowner and the person responsible for the abandoned well to arrange for plugging and restoration.

c) If the permittee is unable to locate an abandoned unplugged well or insufficiently plugged well identified by the Department for plugging before HVHHF operations begin, the permittee may receive a waiver of the plugging requirement from the Department after demonstrating a diligent effort to locate the abandoned unplugged well or insufficiently plugged well in the field.

d) Before proceeding with any HVHHF operations, the permittee shall receive written approval from the Department that all wells under the permit within 750 feet of any part of the horizontal well bore that appear to penetrate within 400 vertical feet of the formation that the permittee intends to stimulate have been plugged, or that the plugging requirements have been met.

e) If, during or after performing HVHHF operations, there is any evidence of fluids leaking at the surface from abandoned wells, unpermitted wells, or previously plugged wells within 750 feet of any part of the horizontal well bore:

1. the permittee shall immediately stop hydraulic fracturing operations, notify the Department, and shut in the well;

2. the permittee shall plug those wells and restore the well sites in accordance with 62 Ill. Adm. Code 240.870, 240.875 and 240.1110; and

3. the permittee shall obtain the approval of the Department prior to resuming operations.

f) If, during or after performing HVHHF operations, there is any evidence of damage from the permittee's HVHHF operations to a producing well within 750 feet of any part of the horizontal well bore, the permittee shall be responsible for all repairs to the well construction or the costs of plugging the damaged well.

62 Ill. Adm. Code 245.1020 Restoration of Lands Other Than the Well Site and Production Facility

The permittee shall restore any lands used by the permittee other than the well site and production facility to a condition as closely approximating the pre-drilling conditions that existed before the land was disturbed by site preparation activities, drilling, or high volume horizontal hydraulic fracturing operations.

a) Restoration shall be commenced within 6 months after completion of the well site and shall be completed within 12 months.

b) Restoration shall include, but is not limited to:

1. repair of tile lines to a condition as closely approximating the conditions that existed before the land was disturbed by drilling activities, with reference to the Illinois Drainage Guide, Circular 1226, Cooperative Extension Service, College of Agriculture, University of Illinois at Urbana-Champaign (1984) − drainage tile installations;

2. repair of fences and barriers;

3. mitigation of soil compaction and rutting;

4. application of fertilizer or lime to restore the fertility of disturbed soil; and

5. repair of soil conservation practices such as terraces and grassed waterways with reference to local County Soil and Water Conservation District specifications for soil restoration and conservation methods (Section 1-95(c) of the Act).

62 Ill. Adm. Code 245.1030 Restoration of the Well Site and Production Facility

Unless contractually agreed to the contrary by the permittee and surface landowner, the permittee shall restore the well site and production facility to a condition as closely approximating the conditions that existed before the land was disturbed for any stage of site preparation activities, drilling and HVHHF operations.

a) Restoration shall include:

1. all of the requirements set forth in Section 245.1020(b);

2. removal of all equipment and materials involved in site preparation, drilling, and high volume horizontal hydraulic fracturing operations, including tank batteries, rock and concrete pads, oil field debris, injection and flow lines at or above the surface, electric power lines and poles extending on or above the surface, tanks, fluids, pipes at or above the surface, secondary containment measures, rock or concrete bases, drilling equipment and supplies, and any and all other equipment, facilities, or materials used during any stage of site preparation work, drilling, or high volume horizontal hydraulic fracturing operations at the well site; and

3. all of the requirements of 62 Ill. Adm. Code 240.1180 and 240.1181;

b) Restoration and work on the removal of equipment and materials at the well site shall begin within 6 months after plugging the final well on the well site and be completed no later than 12 months after the last producing well on the well site has been plugged; and

c) Roads installed as part of the oil and gas operation may only be left in place if provided in the lease or pursuant to agreement with the landowner, as applicable. (Section 1-95(d) of the Act)

62 Ill. Adm. Code 245.1100 Suspension, Revocation, Remediation and Administrative Penalties

The Department may, through the enforcement process set forth in this Subpart, suspend or revoke a high volume horizontal hydraulic fracturing permit, order actions to remediate, or issue administrative penalties for one or more of the following causes:

a) providing misleading, or materially untrue information in a permit application process or in any document or information provided to the Department (Section 1-60(a)(1) of the Act);

b) violating any condition of the permit (Section 1-60(a)(2) of the Act);

c) violating any provision of or any regulation adopted under the Act or the Illinois Oil and Gas Act (Section 1-60(a)(3) of the Act);

d) using fraudulent, coercive, or dishonest practices, or demonstrating incompetence, untrustworthiness, or financial irresponsibility in the conduct of business in this State or elsewhere (Section 1-60(a)(4) of the Act);

e) having a high volume horizontal hydraulic fracturing permit, or its equivalent, revoked in any other state, province, district, or territory for incurring a material or major violation or using fraudulent or dishonest practices (Section 1-60(a)(5) of the Act);

f) the existence of an emergency condition under which the conduct of high volume horizontal hydraulic fracturing operations would pose a significant hazard to public health, aquatic life, wildlife, or the environment (Section 1-60(a)(6) of the Act); or

g) a determination of pollution or diminution made pursuant to an investigation under Section 245.610 (Section 1-83(d) of the Act).

62 Ill. Adm. Code 245.1110 Notice of Violation

a) When the Department determines to suspend or revoke a permit issued pursuant to this Part, orders actions to remediate, or issues administrative penalties under this Subpart, a Notice of Violation shall be completed and delivered to the Permittee and to the Director or the Director's designee.

b) The Notice of Violation shall contain:

1. The name and permit number for the well at issue;

2. The provision of Section 245.1100 that applies, a statement specifying the factual nature of the violation, the action the Department will be taking and, as applicable, a citation to the specific permit condition alleged to have been violated or to the specific Section of this Part, the Act, the Illinois Oil and Gas Act or the administrative rules promulgated under that Act alleged to have been violated;

3. A statement as to whether a remedial action is needed to address the violation and, if so, identification of the remedial action and the time within which the remedial action is required to be completed;

4. A statement as to whether probationary or permanent modification or conditions on the permit will be recommended and, if so, the substance of the recommended probationary or permanent modification or conditions; and

5. Any factors known to the person completing the Notice of Violation in aggravation or mitigation of the violation and the existence of any factors indicating that the permit should be conditioned or modified.

c) The permittee charged with the Notice of Violation may provide the Department, in writing, any information in mitigation of the Notice of Violation within 14 days after the date of receiving the Notice of Violation. The written information may include a proposed alternative to the Department's suggested remedial action needed to address the violation.

d) If a Notice of Violation includes an immediate permit suspension, the suspension may be stayed, at any time, by the Department, if requested by the permittee and evidence is submitted demonstrating that there is no significant threat to the public health, aquatic life, wildlife, or the environment if the operation is allowed to continue (Section 1-60(d) of the Act). Requests for stay must be made in writing to the Department and shall provide the basis for the requested stay and be accompanied by any supporting documents. All requests for stay shall be delivered to the Department's Office of Oil and Gas Resource Management located in Springfield, Illinois or mailed to the Department at Illinois Department of Natural Resources, Attention: Office of Oil and Gas Resource Management, One Natural Resources Way, Springfield IL 62702. A request for stay shall be decided by the Director or the Director's designee within 5 business days after its receipt.

62 Ill. Adm. Code 245.1120 Director's Decision

a) Upon receipt of a Notice of Violation, the Director or Director's designee shall conduct an investigation and may affirm, vacate or modify the Notice of Violation. In determining whether to affirm, vacate or modify the Notice of Violation, the Director shall consider:

1. whether the facts support the violation set forth in the Notice of Violation;

2. the seriousness of the violation, including any harm to public health, public safety, aquatic life, wildlife or the environment or damage to property;

3. the permittee's history of previous violations, including violations at other locations and under other permits.

A) A violation shall not be counted if the Notice of Violation or Director's Decision is the subject of pending administrative review by the Department under Section 245.1130, or judicial review under the Administrative Review Law and the rules adopted under that Law, or if the time to request a review has not expired, and thereafter it shall be counted for only 5 years after the date of the Department's final administrative decision or a final judicial decision affirming the Department's decision.

B) No violation for which the Notice of Violation or Director's Decision has been vacated shall be counted;

4. the degree of culpability of the permittee;

5. whether the remedial action to address the violation set forth in the Notice of Violation is completed within the time set forth in the Notice of Violation; and

6. the existence of any additional conditions or factors in aggravation or mitigation of the violation, including information provided by any person or by the permittee.

b) Modification to the Notice of Violation may include:

1. any different or additional remedial actions required to address the violation and the time within which the remedial actions must be completed;

2. assessment of administrative penalties not to exceed $5,000 a day for each and every act of violation, not to exceed $50,000;

3. probationary or permanent modification or conditions on the permit, which may include special monitoring or reporting requirements;

4. suspension of the permit; and

5. revocation of the permit.

c) The Director shall determine whether to assess administrative penalties based on the factors set forth in subsection (a). If an administrative penalty is assessed by the Department, the administrative penalty shall be computed as follows, but shall not exceed $5,000 per day for each and every act of violation:

1. Administrative violations are violations of any submission, reporting or notification requirements of this Part, including, but not limited to, providing incorrect, misleading, incomplete or materially untrue information regarding permittee registration, permit application, permit modification, permit transfer, or permit bonding, and failing to properly comply with the reporting and Department notification requirements set forth in the construction, operation, monitoring, disclosure or production requirements of this Part or of the permit, and shall be assessed on a permittee-specific basis. The Department may assess a penalty for an administrative violation as follows:

A) No previous violation of the same rule: $500.

B) One previous violation of the same rule: $1,000.

C) Two previous violations of the same rule: $1,500.

D) Three previous violations of the same rule: $2,000.

E) Four or more previous violations of the same rule: $5,000.

2. Operating violations are violations of all other requirements of this Part not covered by subsection (c)(1), including, but not limited to, operating a well required to be permitted under the Act without first obtaining a proper permit from the Department, constructing or operating a well in violation of the construction, operation, monitoring, disclosure or production requirements of this Part or of the permit. The Department may assess a penalty for an operating violation by considering elements of subsections (c)(2)(A), (B) and (C) as follows:

A) History of Violations:

i) No previous violation of the same rule: $1,000.

ii) One previous violation of the same rule: $2,500.

iii) Two previous violations of the same rule: $5,000.

iv) Three previous violations of the same rule: $7,500.

v) Four previous violations of the same rule: $10,000.

vi) Five or more previous violations of the same rule: $25,000.

B) Seriousness:

i) If the violation had a high degree of probability to cause environmental damage to soil and/or land surface, vegetation or crops, surface water, groundwater, livestock or wildlife: add $2,500; or, if the violation caused environmental damage to soil and/or land surface, vegetation or crops, surface water, groundwater, livestock or wildlife: add $10,000.

ii) If the violation created a hazard to the safety of any person: add $20,000.

C) Permittee's Actions:

i) If the permittee was previously notified of the violation using a routine inspection report (Form OG-22) in accordance with Section 245.1110 or correspondence from the Department and failed to comply: add $5,000.

ii) If the violation occurred as a result of the permittee's deliberate conduct, including lack of reasonable maintenance of equipment: add $5,000.

iii) If the violation involves a failure of surface casing or cement of surface casing: add up to $50,000, but no less than $5,000.

d) The Director or Director's designee shall serve the permittee with his or her decision at the conclusion of the investigation. The Director's Decision shall be served either personally or by certified mail, receipt return requested, to the permittee (Section 1-60(b) of the Act). The Director's Decision shall provide that the permittee has the right to request a hearing to contest the Director's Decision in accordance with Section 245.1130.

e) The Director's Decision shall take effect upon issuance.

f) The permittee may contest the Director's Decision by submitting a request, in writing, within 30 days after the date of receiving the Director's Decision, for a hearing in accordance with Section 245.1130. Except as provided under Section 245.1130(d)(2), in the event a hearing is requested, the Director's Decision shall remain in effect until a final order is entered pursuant to the hearing. (Section 1-60(c) of the Act)

g) Failure of the permittee to timely request a hearing, or if a civil penalty has been assessed, to timely tender the assessed civil penalty, shall constitute a failure to exhaust all administrative remedies and a waiver of all legal rights to contest the Director's Decision, including the amount of the civil penalty.

h) The permittee may, within 30 days from the date of receiving the Director's Decision, submit to the Department, in writing, any mitigating factors that permittee believes to be relevant to the violation cited in the Director's Decision.

i) Upon further investigation, the Director may enter into a settlement agreement, issue an amended Director's Decision, or issue a replacement Director's Decision.

1. A settlement agreement shall be issued to:

A) extend the amount of time provided to complete remedial action necessary to address a violation set forth in the Director's Decision; or

B) increase or reduce the civil penalty assessed in the Director's Decision; or

C) allow new permits or the transfer of existing permits to be issued during the term of the settlement agreement.

2. An amended Director's Decision shall be issued to:

A) extend the amount of time provided to complete remedial action necessary to address a violation set forth in the Director's Decision; or

B) reduce the civil penalty assessed in the Director's Decision.

3. A replacement Director's Decision shall be issued to correct an administrative error contained in the Director's Decision or the Notice of Violation.

4. The permittee shall have no right to administrative hearing associated with the issuance of a settlement agreement or an amended Director's Decision.

j) If the Director's Decision includes the assessment of an administrative penalty and the permittee named in the Director's Decision does not request a hearing in accordance with Section 245.1130, the administrative penalty assessed shall be paid to the Department in full within 30 days after receiving the Director's Decision.

k) All administrative penalties assessed and paid to the Department shall be deposited in the Mines and Minerals Regulatory Fund (Section 1-35(e) of the Act).

62 Ill. Adm. Code 245.1130 Director's Decision Hearings

a) A permittee shall have 30 days from the date of receiving the Director's Decision to submit a written request for hearing to contest the Director's Decision. The written request for hearing shall provide the basis for contesting the Director's Decision and be accompanied by any documents evidencing the basis for contesting the Director's Decision. A permittee seeking to contest any Director's Decision in which a civil penalty has been assessed shall submit the assessed amount to the Department, by cashier's check or money order, together with a timely written request for hearing. The assessed amount shall be deposited by the Department pending the outcome of the hearing. The assessed amount, or applicable portion thereof, shall be ordered refunded to the permittee at the conclusion of the hearing if the Department does not prevail. All requests for hearing shall be delivered to the Department's Office of Oil and Gas Resource Management located in Springfield, Illinois or mailed to the Department at Illinois Department of Natural Resources, Attention: Office of Oil and Gas Resource Management, One Natural Resources Way, Springfield IL 62702.

b) Upon receipt of a request for hearing submitted in accordance with all requirements of subsection (a), the Department shall provide an opportunity for a formal hearing upon not less than 5 days' written notice mailed to the permittee or person submitting the hearing request. All hearings under this Section shall be conducted in the Department's offices located in Springfield, Illinois.

c) The hearing shall be conducted by a Hearing Officer designated by the Director. The Hearing Officer shall have all powers necessary to conduct the hearing, including, but not limited to, the power to administer oaths and affirmations, subpoena witnesses and compel their attendance, take evidence, and require the production of books, papers, correspondence, and other records or information that he or she considers relevant or material (Section 1-60(e) of the Act).

d) The hearing shall be conducted in accordance with the following procedures:

1. Pre-Hearing Conference

A) A pre-hearing conference shall be scheduled within 60 days after the request for hearing:

i) to define the factual and legal issues to be litigated at the administrative hearing;

ii) to determine the timing and scope of discovery available to the parties;

iii) to set a date for the parties to exchange all documents they intend to introduce into evidence during the hearing, a list of all witnesses the parties intend to have testify and a summary of the testimony of each witness;

iv) to schedule a date for the administrative hearing; and

v) to arrive at an equitable settlement of the hearing request, if possible.

B) Pre-hearing conferences under this Section may be conducted via telephone conference if that procedure is acceptable to all parties to the hearing. In the event that a telephone conference is not acceptable to all parties, the pre-hearing conference shall be conducted at the Department's offices located in Springfield, Illinois, or a place designated by the Hearing Officer.

2. Stays of Suspension or Revocation. The order of suspension or revocation of a permit based on Section 245.1000(f) may be stayed, at any time, by the Hearing Officer, if requested by the permittee by appropriate motion and evidence is submitted demonstrating that there is no significant threat to the public health, public safety, property, aquatic life, wildlife, or the environment if the operation is allowed to continue (Section 1-60(d) of the Act). The Hearing Officer shall issue an order granting or denying a motion to stay within 5 business days after it is heard.

3. Either party may file motions for default judgment, motions for summary judgment, motions for protective orders and motions for orders compelling discovery. The Hearing Officer shall issue an order granting or denying motions filed within 15 days after service or, if applicable, after hearing. Any order granting a motion for default judgment or a motion for summary judgment shall constitute the Department's final administrative decision as to the matter being contested.

4. If a settlement agreement is entered into at any stage of the hearing process, the person to whom the notice of violation or cessation order was issued will be deemed to have waived all right to further review of the violation or administrative penalty in question, except as otherwise expressly provided for in the settlement agreement. The settlement agreement shall contain a waiver clause to this effect. All settlement agreements shall be executed by the Hearing Officer and shall constitute the Department's final administrative decision as to the matter being contested.

5. All hearings, under this Section shall be conducted in accordance with Article 10 of the Illinois Administrative Procedure Act [5 ILCS 100/Art. 10].

6. At the hearing, the Department shall have the burden of proving the facts of the violation alleged in the notice of violation at issue. The amount of any administrative penalty assessed shall be presumed to be proper; however, the permittee may offer evidence to rebut this presumption. The standard of proof shall be a preponderance of the evidence. The permittee shall have the right to challenge the Hearing Officer if the person or permittee believes the Hearing Officer is prejudiced against him or her or has a conflict of interest. If the Hearing Officer disqualifies himself or herself, the Director shall designate a new Hearing Officer. The Hearing Officer shall conduct the hearing and hear the evidence. The Hearing Officer, at the conclusion of the hearing, shall have 30 days to issue recommended findings of fact, recommended conclusions of law and recommendations as to the disposition of the case.

7. The Director or the Director's designee shall review the administrative record in conjunction with the Hearing Officer's recommended findings of fact, recommended conclusions of law and recommendations as to the disposition of the case. Within 15 days after receiving the Hearing Officer's recommendations, the Department shall issue a final administrative decision.

e) All Department final administrative decisions set forth in this Section are subject to judicial review under the Administrative Review Law and the rules adopted under that Law.

f) The costs associated with the administrative hearing shall be borne by the permittee (Section 1-60(f) of the Act), except that all parties shall be responsible for their own attorneys' fees.

62 Ill. Adm. Code 245.1140 Alternative Enforcement

a) All persons, owners and permittees regulated under the Act and this Part are also subject to, and required to comply with, the Illinois Oil and Gas Act and 62 Ill. Adm. Code 240.

b) Any violation of this Part may also include violations of the permittee's Oil and Gas permit related to the same well, the Illinois Oil and Gas Act, and regulations adopted under that Act.

c) All violations related to the same well may be brought as one case at the discretion of the Department.

d) Failure to meet the burden of proof required for revocation or suspension of a permit under the Act, this Part, the Illinois Oil and Gas Act, or the regulations promulgated under that Act, does not mean that the Department necessarily failed to prove other violations under the Act, this Part, the Illinois Oil and Gas Act, or the regulations promulgated under that Act.

e) Knowing violations of this Part may be a criminal offense as defined in Section 1-100 of the Act, which will be, in addition to any administrative action taken by the Department, referred to the State's Attorney in the county where the violation occurred or the Attorney General's Office.

f) Regulatory enforcement under this Part does not preclude the recovery of civil penalties by civil action before a circuit court pursuant to Section 1-101 of the Act, which will be in addition to any administrative action taken by the Department.

62 Ill. Adm. Code 245.1200 Medium Volume Horizontal Hydraulic Fracturing Completion Reports

a) For any horizontal hydraulic fracturing operations where all combined stages of a stimulation treatment of a horizontal well are by the pressurized application of more than 80,000 gallons but less than 300,001 gallons of hydraulic fracturing fluid and proppant to initiate or propagate fractures in a geologic formation to enhance extraction or production of oil or gas, reporting under subsection (c) is required (Section 1-98(a) of the Act).

b) Permittees with a high volume horizontal hydraulic fracturing permit are not required to report under subsection (c).

c) Within 60 calendar days after the conclusion of horizontal hydraulic fracturing operations identified in subsection (a), the permittee shall file a medium volume horizontal hydraulic fracturing operations completion report with the Department. The medium volume horizontal hydraulic fracturing operations completion report shall contain the following information (Section 1-98(b) of the Act):

1. the name and location of the well (Section 1-98(b)(1) of the Act). The well location shall be surveyed by an Illinois licensed land surveyor or Illinois registered professional engineer and the description of the surveyed well location shall also include the legal description, the GPS latitude and longitude location, and ground elevation of the well. The GPS location shall be recorded as degrees and decimal degrees recorded to 6 decimal places in the North American Datum 1983 projection and shall be accurate to within 3 feet. The reported GPS location is required to be an actual GPS field measurement and not a calculated or conversion measurement;

2. the permittee number and well reference number issued pursuant to the Illinois Oil and Gas Act;

3. the total and per-stage gallons of hydraulic fracturing fluid used at the well (Section 1-98(b)(2) of the Act), the quantity recovered during the flowback period, and what the permittee did to dispose of, reuse or recycle the flowback;

4. depth of the wellbore (including both total vertical depth and total measured depth) (Section 1-98(b)(3) of the Act);

5. length of horizontal wellbore (Section 1-98(b)(4) of the Act);

6. the maximum surface treating pressure used (Section 1-98(b)(5) of the Act);

7. the formation targeted (Section 1-98(b)(6) of the Act);

8. the number of hydraulic fracturing stages (Section 1-98(b)(7) of the Act); and

9. total perforated interval and individual perforation intervals (Section 1-98(b)(8) of the Act).

Part 250 Oil and Gas Wells on Public Lands Act

62 Ill. Adm. Code 250.10 Definitions

"Act" – means the Oil and Gas Wells on Public Lands Act [5 ILCS 615].

"Department" – means the Illinois Department of Natural Resources.

"Drilling unit" – means a tract of land with sufficient acreage to allow an oil and gas well to be drilled in accordance with the Illinois Oil and Gas Act and implementing rules (62 Ill. Adm. Code 240).

"Office" – means the Office of Mines and Minerals in the Illinois Department of Natural Resources.

"Permittee" – means a person or entity who applies for and is issued a permit by the Office to explore unproven territory.

"Proven territory" – means territory so situated with reference to known producing wells as to establish the general opinion that, because of its relation to them, petroleum is contained in it. [5 ILCS 615/1]

"State owned land" – means a tract of land where the State owns 100% of the underlying mineral interests and the tract covers a large enough acreage to allow a properly spaced oil and/or gas well to be drilled in accordance with the Illinois Oil and Gas Act.

"Unknown territory" – means territory determined, in accordance with Section 250.20 of this Part, to lack proven petroleum reserves.

62 Ill. Adm. Code 250.20 Designation of State Lands

a) Any person may request the Office to designate a tract of State owned land, where the State owns 100% of the underlying mineral interests and the tract covers a large enough acreage to allow a properly spaced oil and/or gas well to be drilled in accordance with the Illinois Oil and Gas Act, as proven or unknown territory.

b) If the tract of State owned land requested to be designated as proven or unknown territory is owned by the Department of Natural Resources no extraction activities shall be performed nor production equipment located on Department lands. Requests for extraction activities underlying lands owned by the Department of Natural Resources that utilize directional drilling techniques may be permitted at the discretion of the Department and will be designated in accordance with this Section. The Department shall not grant permits or leases for the extraction of oil, gas, and other petroleum deposits from the following classifications of lands if the State owns 100% of the underlying mineral interests under the proposed drilling unit:

1. lands where threatened or endangered species occur, as determined pursuant to the federal Endangered Species Act (16 USCA 1531) or the Illinois Endangered Species Act [525 ILCS 10];

2. Illinois Natural Area Inventory sites;

3. nature preserves dedicated under the Illinois Natural Areas Preservation Act [525 ILCS 30];

4. lands containing a wild and scenic river as designated under the Wild or Scenic River Area Act [20 ILCS 855];

5. lands registered under the Register of Land and Water Reserves under 17 Illinois Administrative Code 4010; and

6. lands on which federal or State laws or regulations prohibit the surface extraction or production facility activity. [5 ILCS 615/2]

c) The request must be submitted to the Office in writing and include:

1. a legal description of the land;

2. a brief synopsis of the oil and gas potential;

3. documentation evidencing State ownership of the mineral rights; and

4. general overview of the anticipated development or exploration plans.

d) If the Office determines, based upon the information included in the designation request, that a tract of State owned land should be designated as unknown territory due to the lack of proven petroleum reserves, the entity submitting such request may apply for an exploration permit in accordance with Section 250.30 of this Part.

e) If the Office determines, based upon the information included in the designation request, that a tract of State owned land should be designated as proven territory, in accordance with Section 250.50(a) and (b) of this Part, the designation request shall be processed in accordance with Section 250.50(c) of this Part.

f) The Office will respond in writing to the inquiring party as to the final designation of the State land.

62 Ill. Adm. Code 250.30 Permit to Explore Unknown Territory

a) Any person (applicant) may request a permit to explore for oil and gas on State owned land designated as unknown territory in accordance with Section 250.20 of this Part. The request shall not be made for more than three sections of land or equivalent acreage (1920 acres) and shall not contain any land where the oil and gas rights are not wholly owned by the State of Illinois. The request shall:

1. be in writing;

2. describe the method of exploration contemplated;

3. contain a legal description of the land for which a permit to explore is sought that includes proof satisfactory to the Office that the oil and gas rights underlying the described land are wholly owned by the State;

4. articulate a general plan for future development in the event oil and/or gas is discovered.

b) If an applicant for a permit to explore for oil and gas on State owned land complies with the provisions of subsection (a), the Office will direct the applicant to secure a signed agreement with the State agency owning the land to be explored, encompassing the scope of all aspects of the exploration operations contemplated by the permittee, including but not limited to:

1. the amount paid for damages to the surface of the land;

2. the method and timing of access to the site for exploration so as to minimize interference with State programs; and

3. the procedures for the mitigation of damage to the site during exploration activities and for the restoration of the site following exploration activities.

c) If the applicant for a permit to explore for oil and gas on State owned land secures a signed agreement with the State agency owning the land to be explored that complies with subsection (b), the Department, with the approval of the Governor, shall issue the exploration permit.

d) The permit to explore shall:

1. specify the provisions and requirements of the State agency owning the land;

2. specify the lease provisions, in accordance with Section 250.40 of this Part;

3. be valid for one year;

4. be non-transferrable; and

5. be limited to the following exploration activities:

A) seismic exploration;

B) structure test holes not penetrating the oil-producing zone;

C) remote sensing; and

D) chemical analysis.

e) Permittee may surrender the permit at any time and shall be relieved of all liability except for physical damage to the land and any other site mitigation and restoration activities specified in the signed agreement with the State agency that has jurisdiction over the land to be explored.

62 Ill. Adm. Code 250.40 Granting a Lease to a Person Holding a Permit to Explore

a) If the permittee has discharged all of the conditions required by the permit to explore to the satisfaction of the Department and the State agency owning the land, as evidenced by a release issued by the State agency, and has made an application to the Department for a lease not later than on the date of expiration of the permit to explore, the Department, with the approval of the Governor, shall grant to the permittee a lease for the extraction of petroleum not to exceed one section of land or an equivalent amount of acreage (640 acres).

b) The form of leases granted to persons holding a permit to explore shall generally follow the format of a standard commercial petroleum lease generally in use in the territory in which the oil, gas or other petroleum deposits are located and shall incorporate at a minimum the following basic lease terms and restrictions:

1. The lease shall be for a primary term not to exceed 10 years and for as long thereafter as oil in commercial quality and commercial quantity is produced from the lands embraced in the lease.

2. The State agency with jurisdiction over the land encompassed within the lease shall receive royalties at a rate of 12½ percent of the market value of the petroleum produced.

3. The State agency with jurisdiction over the land encompassed within the lease shall receive an annual rental, payable in advance, of $10 per acre, which shall be credited against future royalties.

4. The lease shall not be assigned or otherwise transferred without the prior consent of the State agency with jurisdiction over the land encompassed by the lease.

c) The leases granted to persons holding a permit to explore shall include any additional terms specified in the agreement reached with the State agency with jurisdiction over the land encompassed within the lease. These additional lease terms may include, but are not limited to, any or all of the following considerations:

1. the location, use, design and method of construction of the road network constructed by the lessee to gain access to the area being used for oil production and related operations;

2. the location, use, design and method of construction of electric generation and transmission network constructed by the lessee for oil production and related operations;

3. the location, use, design and method of construction of the sites where the lessee will conduct oil production and related operations, including the location of the lessee's oil storage tanks and well sites;

4. landscaping or other mitigation activities deemed necessary to preserve the environmental and aesthetic characteristics of the State land being used for oil production and related operations; and

5. security and public safety considerations attendant to the lessee's oil production and related operations on State land.

d) Any permittee who receives a lease of up to one section (640 acres) of land covered by that permittee's exploration permit shall have a preferential right to lease the remaining lands embraced by the permittee's original exploration permit. Specifically, the holder of the exploration permit has the right to lease the remaining lands by meeting the highest bid as to royalty or bonus that the Department may receive if the Department elects to offer the remainder of the lands contained in the permit to explore for lease in accordance with Section 250.60 of this Part. The Department shall notify the permittee of the time and place of the opening of bids in order that the permittee may have present a representative with authority to meet the highest bid as to royalty or bonus. The permittee's failure to have such representative present shall constitute a waiver of its preferential right under this subsection.

62 Ill. Adm. Code 250.50 Designation of Proven Territory

a) The Office may designate any State owned land as proven territory if the Office determines that the land is underlain by recoverable oil or gas reserves based upon the producing wells in the vicinity and upon geological data in the Office's possession.

b) The Department, with the approval of the Governor, shall request competitive bids to lease proven territory, as set forth in Section 250.60 of this Part, within 120 days after designating the State owned land as proven territory.

62 Ill. Adm. Code 250.60 Leasing Proven Territory

a) The Department shall provide public notice, in accordance with Section 250.80 of this Part, of the availability of proven territory for lease, subject to competitive bid. The public notice of proven territory shall contain a legal description of the designated land and state that interested parties may request an "invitation for bid" from the Department.

b) All invitations for bids developed by the Department shall:

1. state the legal description of the land proposed to be leased;

2. include the basic lease terms and conditions for the State owned land, as enumerated in Section 250.40(b) of this Part;

3. include any additional terms specified by the State agency with jurisdiction over the land encompassed within the lease, as enumerated in but not limited to Section 250.40(c) of this Part;

4. inform the bidder of the amount of the required bond; and

5. state a minimum bonus payment for the acquisition of the lease in addition to the annual rental payments specified in Section 250.40(b)(3) of this Part.

c) No less than five days prior to the opening of the sealed bids, bidder must file with the Department a bid bond (letter of credit) in the amount fixed by the Department in the invitation for bid to guarantee the posting of a performance bond in the event he is the successful bidder.

d) At the date, time and location of the bid opening designated in the notice, the Department shall open all bids actually received. Any bid not received at the designated location on or before the designated time shall not be considered in making a determination on high bidder.

e) The highest responsible bidder shall be contacted and offered a lease containing the terms provided by subsection (b) and for the consideration as bid, unless the proven acreage is covered by a permit to explore and a preferential right is granted in accordance with Section 250.40(d) of this Part. If the highest bidder does not wish to accept the lease, then the next highest bidder shall be contacted to lease the State owned land.

f) After receipt of all bids, the Department may make a determination that no bid is reasonable and reject them all, notwithstanding the provisions of subsection (a). If the Department makes such a determination, the Department may again solicit bids in accordance with this Section or it may choose not to lease such land.

62 Ill. Adm. Code 250.70 Bonding Requirements

Prior to drilling any well, lessee shall file an individual well bond with the Department. The bond shall be maintained until the well is plugged and the well site restored in accordance with the Illinois Oil and Gas Act [225 ILCS 725]. The amount of the bond shall be:

a) $1500 for a well less than 2,000 feet deep; or

b) $3000 for a well 2,000 or more feet deep.

62 Ill. Adm. Code 250.80 Public Notice

All public notices, when required by the provisions of this Part, shall be made as follows:

a) by placing a notice in one or more oil and gas industry publications distributed statewide and in the Official State Newspaper;

b) by placing a notice in a newspaper of general circulation in the county in which the State owned land is located; and

c) by sending notice to persons on the Office Lease Notice List in accordance with Section 250.90 of this Part.

62 Ill. Adm. Code 250.90 Public Lands Lease Notice List

a) The Office shall maintain a list of persons entitled to directly receive any public notice required by this Part.

b) To be placed on the notice list under this Section, a person must submit a written request stating that the person wishes to be placed on the list for notice of any action under this Part requiring public notice and identify the person's name and address. A written request for notice shall be valid for five years from the date of receipt by the Office. A request for notice may be renewed by submitting a new written request.

Part 280 Illinois Surface Coal Mining Operations

62 Ill. Adm. Code 280.10 Definitions

Except where the context clearly requires special meaning, the following terms shall have the following definitions:

"Adjudicative Hearing" means a formal hearing pursuant to rules of the Authority, consistent with the Illinois Administrative Procedure Act [5 ILCS 100].

"Application" means an application for a permit for a new mine, or an application for an amendment where amendment of a Section 4 permit is required.

"Combined permit" is the permit issued to a new surface coal mining operation which is required to meet the requirements of Section 4 and Section 17 of the Surface-Mined Land Conservation and Reclamation Act and these regulations; or, a previously issued Section 4 permit into which these regulations incorporate Section 17 conditions.

"Complete Application" means an application which appears to the Authority to contain information required by the Authority before application processing begins.

"Consultation" means a discussion, in person, by telephone or by written communication, concerning possible standards and conditions of a permit, or factors affecting a determination.

"Determination" is an action by the Authority that grants permission, directs reclamation or other regulated effort, stipulates performance standards or criteria, or like action which is within the power and judgement of the Authority. Determinations may occur in the course of operations by a permittee; any determination applicable to permitted operations shall operate as a condition of the applicable permit.

"Director" means the Director of the Department of Natural Resources or such officer, bureau or commission as may lawfully succeed to the powers and duties of such Director.

"Existing Surface Mine" means the area within the definition of surface coal mining operations, which possessed a permit under Section 4 of the Surface-Mined Land Conversation and Reclamation Act prior to February 3, 1978.

"Existing Underground Coal Mine" means the area included within the definition of surface coal mining operations, as to which notice of opening was filed pursuant to the Coal Mining Act [225 ILCS 705 before February 3, 1978.

"Federal Act" means the Surface Mining Control and Reclamation Act of 1977 (P.L. 95-87; 30 U.S.C. 1201, et. seq.).

"Federal Surface Regulations" means performance standards, procedures, definitions, requirements and the provisions of the following interim rules of the Department of Interior, Office of Surface Mining: 30 CFR 700.5, 700.11, 710.2, 710.5, 710.11, 710.12, Part 715 (all), Part 716 (all), and Part 720 (all).

"Federal Underground Mine Regulations" means 30 CFR 717, and such other regulations as are referred to therein.

"Findings" means a factual, technical or legal finding of the Regulatory Authority.

"Illinois Act" or "Act" means the Surface-Mined Land Conservation and Reclamation Act, as amended by P.A. 80-1342 [225 ILCS 715].

"Interagency Committee" or "IC" means the Interagency Committee on Surface Mining Conservation and Reclamation established for a given permit application pursuant to Section 17 (f) (1) of the Illinois Act.

"Meeting" means a public meeting, not including a hearing.

"Mine" means a coal mine.

"New Mine" means a surface coal mining operation upon which construction commenced after February 2, 1978, or which was opened for the first time after February 2, 1978.

"Office of Surface Mining" or "OSM" means the Office of Surface Mining Reclamation and Enforcement in the United States Department of the Interior.

"Person" means any individual, proprietorship, partnership, corporation, joint venture, unit of local government, county, state or the United States.

"Prime Farmland" means lands defined as prime farmlands by 30 CFR 716.7(a)(1) and (b).

"Public Hearing" means a quasi-legislative type hearing held pursuant to rules of the Authority, consistent with the Illinois Administrative Procedure Act [5 ILCS 100] but may include presentation of testimony and evidence, and an opportunity for cross-examination.

"Regulatory Authority" or "Authority" means the Director and Land Reclamation Division in the Illinois Department of Natural Resources.

"Request for Determination" means a written request by a permittee or owner or operator of a surface coal mining operation for permission or a certification of compliance from the Regulatory Authority, where a permit application is not required, and includes requests for approvals required to be given by the Regulatory Authority pursuant to the Federal Surface Regulations or the Federal Underground Mine Regulations where no public hearing is required.

"Section 4 permit" means a permit required by Section 4 of the Illinois Act.

"Section 17 conditions" are those conditions of a permit imposed pursuant to Section 17 of the Illinois Act and these regulations upon an existing surface mine.

"Section 17 permit" is the permit issued in accordance with Section 17 of the Illinois Act and these regulations to surface coal mining operations that are not subject to Section 4 of the Illinois Act.

"Section 4 Regulations" means the Rules of the Illinois Department of Natural Resources adopted pursuant to Section 12 of the Illinois Act and applicable to persons or operations required to obtain a permit pursuant to Section 4 of the Illinois Act.

"Surface coal mining operation" includes both surface and underground coal mining operations as defined in Section 701 (28) of the Federal Act and 30 CFR 700.5

"Surface Mining" means surface mining for coal as defined in the Illinois Act, Section 3(c) [225 ILCS 715/3].

62 Ill. Adm. Code 280.20 General Provisions

The following regulations shall apply to all surface coal mining operations:

a) Determinations

1. All requests for a determination must be submitted to the Regulatory Authority in writing. Each submission shall set forth facts necessary to the determinations, the specific request requiring action and contain a citation to the Federal Regulation Section involved. Letters of request for determination shall be attested as to the truth of the facts stated therein and notarized.

2. Acknowledgement of receipt of a request for a determination will state:

A) Notice that the request is incomplete and that additional information is required.

B) Notice that the request appears to be complete.

3. All determinations shall be available for public inspection at the office of the Authority.

b) Deadlines. All persons engaged in surface coal mining operations are required to meet all deadlines set forth in the Federal Regulations for submitting requests for determination of compliance with the performance standards. The honoring of requests for determination after federal deadlines have expired shall not be binding upon the Office of Surface Mining nor any person other than the Regulatory Authority, and such requests shall not constitute a bar or defense to federal enforcement.

c) Conflicts

1. In the event a permittee believes there is a conflict within a combined permit between conditions imposed by Section 4 and conditions imposed by Section 17, the permittee shall request a finding by the Authority.

2. The request shall set out the alleged conflicting conditions, including the pertinent rules and facts, and may include comments by the permittee. The permittee shall also include a statement as to which condition or rule is more stringent. Regulations which provide for control of surface coal mining operations, and as to which there is no similar provision in the Federal Act or Section 17 Regulations, shall be construed consistent with Section 17 Regulations. Conflicts shall not be deemed to exist unless conformance with a given standard or condition significantly interferes with or precludes conformity with another standard or condition.

d) Stringency. The Federal Surface Regulations shall apply to all surface coal mining operations in connection with surface mining of coal in Illinois. The Federal Underground Mine Regulations shall apply to all surface coal mining operations in connection with underground coal mines in Illinois. Standards used and conditions imposed in the administration and enforcement of Section 17 shall be no more stringent than required by the Federal Act and Federal Regulations thereunder. If any other provision of the Illinois Act, or any provision of the Section 4 Regulations, or a provision of any other State law or regulation thereunder, now or hereafter effective, provides for more stringent land use and environmental control standards or conditions upon surface coal mining operations than the Federal Act or Regulations, it shall be applicable and enforceable in accordance with its terms. The Regulatory Authority shall determine which of any conflicting standards or conditions are more stringent, taking into account factors of technological practicability, cost, environmental protection and the goal of reclamation to optimal conditions.

e) Permit Applications. Applications shall be filed with the Regulatory Authority, Land Reclamation Division, at its offices in Springfield, Illinois, and shall, at a minimum, contain information sufficient to demonstrate that the applicant will comply with all requirements of the Illinois Act, Section 17 Regulations, and, if applicable, Section 4 Regulations. The application shall be submitted on forms provided by the Regulatory Authority, with supplements as deemed necessary.

f) Requirement of a Permit. No person shall open, develop or operate a surface coal mining operation without a permit issued by the Authority, or without a permit expressly deemed to exist under these Regulations, nor shall any person open, develop or operate a surface coal mining operation except in compliance with such permit and determinations of the Authority.

1. All existing surface mines must possess a Section 4 permit which incorporates Section 17 conditions.

2. All existing underground coal mines must possess a Section 17 permit.

3. All new surface mines which are subject to Section 4 must possess a combined permit.

4. All new underground coal mines must possess a Section 17 permit.

5. All other new surface coal mining operations which are not subject to Section 4 or exempt and under Section 17 must possess a Section 17 permit.

6. All operations to recover coal from a deposit (mine waste disposal site) that is not in its natural geological location (carbon recovery operations), if they have not already done so, must complete and submit a permit application form provided by the Department for a Section 17 permit. Carbon recovery operations may continue in operation, or in preparation to operate, after September 22, 1981, only if a completed application form was received by that date, pending a final decision by the Department. For operations contemplated during the interim period between September 22, 1981, and eight months after permanent program approval, if no application was filed by September 22, 1981, no operation may commence or continue until such time as the operator submits and the Department issues the interim permit. All new and existing carbon recovery operations are subject to the performance standards of 30 CFR 715, as adopted by Section 280.50 of these regulations until eight months after a state permanent program is approved, or until a permanent program permit is issued, whichever is earlier.

g) Federal Act Prohibitions. Subject to valid existing rights as determined in writing by the Regulatory Authority, no surface coal mining operations except those which existed August 3, 1977, shall be permitted:

1. on any lands within the boundaries of units of the National Park System, the National Wildlife Refuge Systems, the National System of Trails, the National Wilderness Preservation System, the Wild and Scenic Rivers System, including study rivers designated under Section 5 (a) of the Wild and Scenic Rivers Act (16 U.S.C. 127.1 et seq.) and National Recreation Areas designated by Act of Congress:

2. on any Federal lands within the boundaries of any national forest: Provided, however, that surface coal mining operations may be permitted on such lands if the Secretary of Interior finds that there are no significant recreational, timber, economic, or other values which may be incompatible with such surface mining operations, and surface operations and impacts are incident to an underground coal mine;

3. which will adversely affect any publicly owned park or places included in the National Register of Historic Sites unless approved jointly by the Regulatory Authority and the federal, state, or local agency with jurisdiction over the park or the historic site;

4. within one hundred feet of the outside right-of-way line of any public road, except where mine access roads or haulage roads join such right-of-way line and except that the Regulatory Authority may permit such roads to be relocated or the area affected to lie within one hundred feet of such road, if after public notice and opportunity for public hearing in the locality a written finding is made that the interests of the public and the landowners affected thereby will be protected; or

5. within three hundred feet from any occupied dwelling, unless waived by the owner thereof, nor within three hundred feet of any public building, school, church, community, or institutional building, public park, or within one hundred feet of a cemetery.

h) Time for Final Action. Final action on an application shall occur within 120 days of receipt of a complete application by the Regulatory Authority unless time for such action is waived by the applicant. For surface coal mining operations subject to Section 4 requirements, the deadline for final action may be tolled by notice pursuant to Section 4 Regulations. If no final action occurs within the time in which final action is required, the applicant upon written notice to the Regulatory Authority may deem the application denied. The Regulatory Authority shall acknowledge the receipt of a complete application in writing, noting the date of receipt.

i) Violations

1. No person shall open, develop or operate a surface coal mining operation except in compliance with these regulations.

2. No person shall perform any act in connection with the opening, developing or operation of a surface coal mining operation prior to obtaining a permit, determination, approval, exemption, finding or other authorization where such permit, determination, approval, exemption, finding or other authorization is required by these regulations or the Federal Regulations.

3. The fact that a person, permittee, owner or operator is , or would be, entitled to a favorable ruling on a request for a determination, approval, exemption, finding or other authorization shall not constitute a defense to an enforcement proceeding brought for failure to timely request a determination, approval, exemption, finding or other authorization.

j) Maps Required. All persons conducting surface coal mining and reclamation operations must have on file two copies of an accurate map of the operation or permit area at a scale of 1 inch to 400 feet or larger, showing, as of May 3, 1978, lands in the permit area from which coal had not yet been removed and the lands disturbed and structures used to facilitate mining as of that date. One copy of the map must be on file with the Authority, and one copy must be on file with the Regional Director, Office of Surface Mining, Region 3, P.O. Box 44294, Indianapolis, Indiana 46204.

k) It shall be the policy of the Regulatory Authority to honor any court decision of competent jurisdiction that is binding upon and directed to the Office of Surface Mining, respecting the interpretation or enforcement of 30 CFR, and the initial environmental protection regulations of the Secretary of the Interior. Persons believing that such court decisions require the alteration or deletion of any of these Regulations, or affect interpretation thereof, are encouraged to state their conclusions in writing to the Authority, together with citation of the appropriate court order.

History

• Source: Amended at 6 Ill. Reg. 1, effective January 14, 1982

62 Ill. Adm. Code 280.30 Existing Surface Mines

a) Permits

1. The Section 4 permits of all existing surface mines are hereby deemed to incorporate Section 17 conditions. The additional terms and requirements of such permits are that holders shall comply with Section 502(c) and 522(e) of the Federal Act, with the Federal Regulations and with these Regulations. Section 4 permits with Section 17 conditions include all structures or facilities used in connection with, or to facilitate mining where such structures or facilities are located within the boundaries of a Section 4 permit.

2. Where structures or facilities used in connection with, or to facilitate mining, are not included in a present surface mining permit, a permittee must file an application on a form designated by the Authority no later than February 28, 1979, or such further time as allowed in writing by the Authority.

b) Actions Required of Existing Surface Mines. In addition to other requirements which are applicable by their terms, all permittees of existing surface mines shall request the following determinations pursuant to the Federal Regulations, and obtain approval from the Authority before commencing or performing any of the acts indicated in the respective sections of the Federal Regulations referenced below.

1. Structures or Facilities. All structures or facilities used in connection with, or to facilitate mining must comply with the performance standards contained in the regulations unless otherwise exempted by the Authority. Exemptions granted on a case by case basis pursuant to written request where it is shown that granting the exemption will have no adverse impact on health, safety or the environment.

2. Signs and Markers, 30 CFR 715.12(c). Permittees shall obtain approval for means of perimeter marking other than clear, durable and easily recognized markers prior to use.

3. Alternative Post-Mining Land Use, 30 CFR 715.13(d). All reclamation plans approved prior to May 3, 1978, remain in full force and effect and are deemed to have been issued in compliance with 30 CFR 715.13(d). Owners and operators shall obtain approval of changes in previously approved post-mining land use. If a reclamation plan revision is proposed, an application for amendment pursuant to Illinois law must be made and county review afforded in conjunction with determination under 30 CFR 715.13(d).

4. Final Graded Slope Measurements, 30 CFR 715.14(a). Permittees shall obtain approval of pre-mining slope measurements prior to mining, of final graded slope measurement prior to final slope completion, and of final grade.

5. Final Graded Slope Variations and Terracing, 30 CFR 715.14(b). Permittees shall obtain approval prior to regrading or terracing.

6. Small Depressions, 30 CFR 715.14(d). Approval of the use of small depressions shall be obtained by the permittee prior to use.

7. Thin Overburden, 30 CFR 715.14(f) and (g). If thin overburden exists, permittees shall obtain approval for transport, backfill and grade plans prior to first transport.

8. Stabilizing Rills and Gullies, 30 CFR 715.14(i). If significant additional erosion and sedimentation occurs or threatens to occur, or if the approved post-mining land use will be adversly disrupted, permittees shall obtain advance approval of rill and gully correction measures to be used.

9. Use of Waste Material and Backfilling, 30 CFR 715.14(j). If waste materials are causing or threatening to cause the formation of acids, toxic materials, combustible materials or upward migration of salts, permittees shall request an immediate determination of the adequacy of cover from the Regulatory Authority. Permittees shall request approval of stabilization techniques and use of waste materials as fill in advance, if not already specified in Section 4 permits.

10. Disposal of Surplus Spoil, 30 CFR 715.15. Permittees shall obtain approval prior to disposal of surplus spoil.

11. Topsoil Handling and Supplemental Material. Topsoil shall be handled in a manner consistent with the topsoil handling requirements of 30 CFR 715.16 on all lands mined after May 3, 1978. Requests under 30 CFR 715.16(a)(4) for use of selected overburden material shall be approved prior to use.

12. Topsoil Storage, 30 CFR 715.16(c). No topsoil shall be stockpiled without prior approval of the Regulatory Authority. Requests to move stockpiled topsoil prior to redistribution shall be obtained in advance.

13. Exemption from Use of Sedimentation Ponds. All permittees must comply with 30 CFR 715.17(a), unless an exemption for the use of sediment ponds is requested and obtained from the Regulatory Authority.

14. Approval of Surface Water Monitoring Program, 30 CFR 715.15(b)(1). All permittees must have a surface water monitoring program approved and on file with the Authority.

15. Stream Channel Diversions, 30 CFR 715.17(d). All permittees must submit a permit amendment application at least 120 days prior to desired use, if not already approved in a Section 4 permit.

16. Mining Through a Perennial or Intermittent Stream, 30 CFR 715.17(d)(3). Permittees shall obtain approval prior to such mining.

17. Sedimentation Pond Storage Volume and Control Technology, 30 CFR 715.17(e) and 715.17(e)(2). Permittees shall obtain approval prior to use of alternative storage volume and control technology. If a permit amendment is required, submittal of an application at least 120 days before desired approval is required.

18. Acid and Toxic Materials, 30 CFR 715.17(g) and 715.14(j). Permittees shall identify to the Regulatory Authority materials that will be toxic to vegetation or that will adversely affect water quality if not treated or buried, if treatment or burial not in conformity with 30 CFR 715.14(j) is desired.

19. Monitoring Groundwater, 30 CFR 715.17(h)(3). All permittees must have a groundwater monitoring program approved and on file with the Authority.

20. Permanent Water Impoundments, 30 CFR 715.17(k). Permittees must submit a permit amendment application at least 120 days prior to desired approval unless permanent water impoundments are already approved in an existing permit.

21. Temporary Fords Across Dry Streams, 30 CFR 715.17(1)(2). Permittees must obtain approval prior to construction of temporary fords.

22. Permission to Leave Dams or Avoid Regrading, Revegetation and Stabilization, 30 CFR 715.17(b)(8). Unless already approved by permit, permittees must submit a permit amendment application.

23. Use of Explosives. All employees supervising blasting operations shall possess a Certificate of Competency issued by the Regulatory Authority. Those working with transportation, storage and use shall be trained prior to performing any duties.

24. Blasting Schedules.

A) If blasting is planned, a permittee shall submit a Blasting Plan at least 45 days prior to blasting, and shall follow all notice and publication requirements of 30 CFR 715.19. Schedules shall be deemed approved unless objections are noted to the operator by the Regulatory Authority, or by any owner or occupant of a manmade dwelling within one-half mile of the blasting area or site. Such objections should be in writing, should contain the name, address and telephone number of the objector, the reason for the objection, and if the objector desires, a suggested alternative schedule more convenient to the objector. After receipt of an objection to a blasting schedule the Authority shall approve the schedule or make such appropriate adjustments necessary for the protection of life and property.

B) All publications and notice to the public under Section 715.19 shall include the following language:

"Any person who objects to this schedule is requested to notify the........(name of operator)........and the Land Reclamation Division, Illinois Department of Natural Resources, Office of Mines and Minerals, 524 South Second Street, Springfield, Illinois 62701".

25. Preblasting Survey. On written request to the Regulatory Authority by a resident or owner of a manmade dwelling or structure that is located within one-half mile of any part of the permit area, the permittee shall conduct a preblasting survey pursuant to 30 CFR 715.19(b).

26. Blasting Procedures will be followed as per 30 CFR 715.19(e)(l)(i) through (vi).

A) Blasting distances which are less than distances set out in Section 715.19(e)(l)(vii) shall be allowed only after inspection by the Regulatory Authority and a showing by the permittee that the blasting standards of 30 CFR 715.19(e)(2)(i) through (vi) shall be met.

B) Records of blasting opertions will be retained for three years and shall contain information as outlined in 30 CFR 715.19(e)(4).

C) The Authority may reduce maximum peak particle velocity pursuant to 30 CFR 715.19(e)(2)(ii) or prescribe such other conditions as are in its judgment necessary to prevent:

i) injury to persons,

ii) damage to public and private property outside the permit area,

iii) adverse impacts on any underground mine, and

iv) change in the course, channel, or availability of ground or surface water outside the permit area.

27. Revegetation. Permittees shall comply with 30 CFR 715.20.

28. Methods of Revegetation. All existing permittees shall be deemed to have submitted and received approval of a revegetation plan, including species selected and planting plans, Pursuant to 30 CFR 715.20(e), as to areas covered by existing permits. The Regulatory Authority in consultation with the landowner and the permittee shall determine when the area is ready for livestock grazing.

29. Introduced Non-native Species, 30 CFR 715.20(b). Permittee shall obtain approval of the Authority before introducing non-native species.

30. Reference Areas. Permittees shall submit to the Authority a proposed designation of reference areas together with documentation showing that the reference areas meet the requirements of 30 CFR 715.20(f). The estimating techniques used to determine the degree of success in the revegetated area shall be determined by the Authority. Where there is no physically available reference area due to prior mining, permittees shall propose a reference plan that will assure restoration in harmony with surrounding land. The Authority shall determine the appropriateness of such reference plans.

31. Prime Farmland Determinations. Existing surface mines, or portions thereof, which were not under permit before August 3, 1977, are subject to requirements concerning prime farmland determinations for lands not under permit before August 3, 1977. Reference is hereby made to Section 280.70 of these Regulations.

c) Permit Fees and Bonds

1. Additional permit fees and bonds shall be deposited pursuant to notice from the Authority, as and when required pursuant to Section 5(a) of the Act.

2. All permittees shall file with the Authority an amendment or revision to the bond filed in connection with a Section 4 permit, executed in accordance with the Act which states that, in addition to any prior requirements, the bond shall be conditioned upon faithful compliance with the Federal Act, the Federal Surface Regulations, the Illinois Act and these Regulations. Said amendments must be filed no later than February 28, 1979.

3. All permittees shall file with the Authority an amendment or revision to the bond filed in connection with a Section 4 permit, executed in accordance with the Act which includes in its coverage all surface structures or facilities now required to be permitted under the initial program. Said amendment or revision must be filed with the Authority no later than February 28, 1979.

62 Ill. Adm. Code 280.40 Existing Underground Coal Mines

a) Permits

1. All existing underground mines are deemed to possess a Section 17 permit. Section 17 permits include all structures and facilities used in connection with or to facilitate mining. The terms and conditions of such permits are that holders shall comply with Section 502(c) and 522(e) of the Federal Act, and with 30 CFR 710.11, and 717, except 717.17(e), and with Illinois law and these Regulations.

2. All owners or operators of existing underground coal mines, in addition to other requirements which are applicable by their terms, must submit an application to the Regulatory Authority no later than February 28, 1979, upon forms supplied by the Authority. Additional documentation shall accompany an application form as necessary or appropriate to demonstrate compliance with Federal Underground Mine Regulations.

3. No owner or operator of an existing undergound coal mine shall develop or operate an underground coal mine after February 28, 1979, or such further time as allowed in writing by the Authority, unless an application has been submitted to the Authority.

b) Actions Required of Existing Underground Coal Mines. In addition to other requirements which are applicable by their terms, all permittees of existing underground coal mines shall request the following determinations pursuant to the Federal Regulations, and obtain approval from the Authority before commencing or performing any of the acts indicated in the respective sections of the Federal Regulations referenced below.

1. Signs and Markers. All existing underground coal mines shall have signs and markers in place in accordance with 30 CFR 717.12.

2. Regrading of Roads and Support Facilities, 30 CFR 717.14(a). Upon completion of underground mining, all permittees shall comply with the backfilling and grading requirements of 30 CFR 717.14(a). Permittees shall obtain final approval of grading from the Authority consistent with approved reclamation practice and 30 CFR 717.14(a)(1) and(2).

3. Terracing. Permittees shall obtain written approval of the Regulatory Authority for terracing as an appropriate substitution for construction of lower grades on reclaimed lands, pursuant to the standards of 30 CFR 717.14(b).

4. Regrading or Stabilizing Rills and Gullies is required whenever significant erosion or sedimentation is threatened pursuant to 30 CFR 717.14(d). Whenever such a threat exists permittees shall immediately request a determination from the Authority of the steps to be taken.

5. Protection of the Hydrologic System shall be accomplished pursuant to a plan consistent with 30 CFR 717.17. All existing underground coal mines shall have a plan approved and on file with the Authority.

6. Water Quality Standards and Effluent Limitations of 30 CFR 717.17(a) shall be met in accordance with the Clean Water Act (33 U.S.C. 1251) or its amendments. The Regulatory Authority may grant exemptions on written request pursuant to Section 717.17(a), but such exemptions shall not exempt a permittee from applicable standards or limitations under the Clean Water Act(33 U.S.C. 1251) or its amendments, the Environmental Protection Act, or the Rules of the Illinois Pollution Control Board.

7. Surface Water Monitoring Programs, 30 CFR 717.17(b). All existing underground coal mines shall have a surface water monitoring program approved and on file with the Authority.

8. Diversions of Overland Flows shall be consistent with good reclamation practice and shall meet the requirements of 30 CFR 717.17(c). No diversion structures shall be left in place after mining without written approval of the Authority, as well as other state and federal agencies having jurisdiction over such structures.

9. Stream Channel Diversions shall be approved by the Regulatory Authority pursuant to standards set forth in 30 CFR 717.17(d). Such approval shall not exempt the permittee from other applicable requirements of state or federal law regarding stream diversion.

10. Sediment Control Measures (Reserved)

11. Acid and Toxic Materials shall be handled and disposed of so as to avoid drainage into ground and surface waters, consistent with 30 CFR 717.17(g). Permittees shall obtain approval by the Regulatory Authority of methods consistent with 30 CFR 717.17(g) in advance.

12. Ground Water Monitoring, 30 CFR 717.17(b). All existing underground coal mines shall have a ground water monitoring plan approved and on file with the Authority.

13. Hydrological Impact of Roads. Roads constructed since May 3, 1978, shall be subject to 30 CFR 717.17(j). Permittees shall request a determination of the Authority in advance of construction or modification of roads when varying from the standards of 717.17(j).

14. Standards for Dams. 30 CFR 717.18 shall apply only to dams constructed after May 3, 1978. Plans for such dams shall be submitted in advance and approval obtained prior to construction. The submittal shall be made immediately in the case of dams upon which construction began after May 3, 1978. All approvals by the Authority required by 30 CFR 717.18 shall be obtained in advance of construction, modification, or removal.

c) Bond Requirements. All owners or operators of existing underground coal mines shall have on file with the Authority a bond which meets all the requirements of Section 5(a) and 8 of the Act, 62 Ill. Adm. Code 300.40,(a),(b) and(c). Bond release shall be in accordance with 62 Ill. Adm. Code 300.180(a) and (b). The conditions of the bond filed with the Authority shall be that the owner or operator comply with Federal Underground Mine Regulations, 30 CFR 717, that reclamation shall be completed in accordance with the plan, and that all operations shall be placed and maintained in compliance with 30 CFR 717(except Section 717.17(e)), and with Section 8 of the Act.

d) Other Provisions. As provided by Section 17 of the Act, Sections 2, 3, 5(a), 8, 9, 10, 11, 13 and 13(a), 15 and 16 of the Act are applicable to existing underground coal mines, which shall be deemed surface mining operations in the context of the cited Sections for purposes of this paragraph. Permit fees and bond as required under Section 5(a) of the Act shall be deposited pursuant to notice from the Authority.

62 Ill. Adm. Code 280.50 New Surface Mines

The regulations and requirements of this Part shall apply to surface coal mining operations except underground coal mines which did not have a Section 4 permit prior to February 3, 1978.

a) Application. An application shall be submitted upon forms supplied by the Authority. Additional documentation shall accompany an application form as necessary or appropriate to establish that all Federal Surface Regulations will be met by the applicant.

b) Mines Possessing Section 4 Permits Before August 11, 1978. Mines possessing permits pursuant to Section 4 issued by the Department of Natural Resources, Office of Mines and Minerals prior to the effective date of Section 17 of the Illinois Act, shall be entitled to continue in operation, subject to compliance with the Federal Surface Regulations provided an application is currently on file with the Authority. (Such mines shall request determinations required of existing surface mines in Part 3 hereof.) If a permittee does not have a complete application on file with the Authority, or the Authority denies an application, operations of mines to which this paragraph applies shall cease forthwith, reasonable security measures for the protection of property and safety excepted, and shall not commence again until such application is filed or approved by the Regulatory Authority.

c) No person shall open or operate a surface coal mining operation which is not subject to Section 4, or exempt under Section 17, without a Section 17 permit.

d) No person shall open or operate a surface coal mining operation for which a Section 4 permit would have been required but was not issued before August 11, 1978, without a combined permit.

e) Processing an Application

1. Applications will be received by the Authority and reviewed for completeness. Such review shall be as to form only, for purposes of initiating review, and shall not preclude later requests for more complete or additional information from the applicant. The authority will notify the applicant as to whether the application is complete.

2. When an application is found to be complete, the Authority shall forward copies for Interagency Committee review, and shall see to it that copies are filed by the permit applicant with the appropriate County Board. The Interagency Committee shall review each application in accordance with its designated responsibilities and expertise. Comments shall be returned to the Authority within 45 days of receipt of the complete application by the Authority, and copies thereof will be sent to the applicant and filed with the County Clerk of the appropriate County.

3. Prime farmland review shall be conducted in accordance with Section 280.70 hereof.

4. The Authority shall consider all written comments received, including comments of a County Board. The Authority may discuss comments with the applicant, Interagency Committee Members or other technically trained experts and may require additional information to be provided. If review and comment reveals that inadequate information has been received from an applicant, the applicant will be asked to supply additional information. Failure to supply satisfactory information in support of an application is grounds for permit denial.

f) Permit Grant. Permits shall be granted by the Authority provided:

1. that Prime Farmland Review is completed pursuant to Section 280.70 hereof.

2. that the application shows compliance with all Federal Regulations; and

3. that all provisions and conditions deemed necessary or appropriate by the Authority to assure compliance with the Act and all regulations are agreed to by the applicant.

g) Permit Denial. Permit denial shall occur whenever the Authority determines:

1. that Prime Farmland requirements under Section 280.70 hereof will not be met; or

2. when, based upon the application and comments in the record, it is the judgment of the Authority that 62 Ill. Adm. Code 300 on Federal Regulations will not be met.

h) Determinations. After a permit is issued, determinations shall be requested in accordance with Section 280.30 hereof.

62 Ill. Adm. Code 280.60 New Underground Coal Mines

The following Part applies to underground coal mines for which a notice of mine opening was filed on or after February 3, 1978.

a) Application. An application shall be submitted upon forms supplied by the Authority. Additional documentation shall accompany an application form as necessary or appropriate to demonstrate compliance with Federal Underground Mine Regulations.

b) Underground Coal Mines for which Notice of Opening was Filed Before August 11, 1978 shall be entitled to continue in operation, subject to compliance with Federal Underground Mine Regulations and provided an application for a Section 17 permit is currently on file with the Authority. Such mines shall request the determinations required of existing underground coal mines in Section 280.40 hereof. If a permittee does not have a complete application on file with the Authority, or if the Authority denies the application, operation of the mine shall cease forthwith, reasonable safety and property protection measures excepted, and shall not commence again until such application is filed or a Section 17 permit is granted.

c) No person shall open or operate an underground coal mine for which a Notice of Mine Opening was not filed before August 11, 1978 until a Section 17 permit is issued for the mine.

d) No person shall operate an underground coal mine except in conformity with the Act and the Federal Underground Mine Regulations, 30 CFR 717 (except 717.17 (e)).

e) Permit Application Process. The permit application process for underground coal mines shall be the same as for new surface mines, except that no review by or filing with County Boards shall be required of an applicant. An applicant may elect to have its application reviewed by County Boards. Comments of a County Board are encouraged by the Authority. County Board comments will be considered by the Authority prior to final action on an application if submitted within 75 days of the filing of an application. A County Board may request copies of underground coal mine applications.

f) Determinations. After a permit is issued, determinations shall be requested in accordance with Section 280.40 hereof.

62 Ill. Adm. Code 280.70 Prime Farmland Determinations and Findings

a) All Surface Mines Covered. Every Illinois surface coal mining operation is subject to this Section, unless exempt pursuant to Section 510 (d) (2) of the Federal Act, as applied pursuant to Paragraph (b) below.

b) Exemption

1. This Section shall not apply to mines open for ongoing operations immediately prior to August 3, 1977, to permits issued before August 3, 1977, or to operations under renewals or revisions of such permits. Revisions or renewals of such permits under this Paragraph (b) shall extend to and include only those areas that:

A) were in the area covered by a permit issued, or were in a mining plan approved prior to August 3, 1977; or

B) are contiguous to areas for which a permit was issued or a mining plan approved before August 3, 1977, and which under state law or regulation, or practice, normally would have been considered a renewal or revision of a previously approved mining plan.

2. Persons claiming an exemption under this Paragraph (b) shall have the burden of establishing such exemption. Reliance upon an exemption hereunder shall not excuse a failure to comply with this Section, unless the area and time involved in the exemption relied on are approved in writing by the Authority, by OSM, or by court order in a case in which the Authority or OSM are parties. Nothing in this Section shall excuse compliance with the more stringent parts of 62 Ill. Adm. Code 300.110(d) or other applicable provisions of the Illinois Act. The subsequent granting of an exemption shall not constitute a defense to an enforcement proceeding brought for prior failure to meet the prime farmland requirements.

c) Prime Farmlands. Prime farmlands are those lands defined in 30 CFR 716.7(b), that have been used for the production of cultivated crops, including nurseries, orchards, and other specialty crops, and small grains, for at least five years out of the twenty years preceding the date of determination or, in the case of applications for new mining permits, the date of application. The date of determination shall, in the case of existing mines, be August 3, 1977.

d) Identification of Prime Farmland. Existing operations not exempt under this Paragraph (d) and all applicants for mining permits after August 2, 1977, not exempt pursuant to Paragraph (b), must have on file with the Authority soil surveys meeting the requirements of 30 CFR 716.7(c), except as to areas for which an application for negative determination has been made pursuant to 30 CFR 716.7(d). All applicants hereunder shall submit soil surveys required by 30 CFR 716.7(c) or apply for negative determination at the time of application.

e) Negative Determination. The Authority shall make a negative determination upon submittal of a demonstration that any of the situations listed in 30 CFR 716.7(d) exists.

f) Plan for Restoration. All operations in areas not exempt under Paragraph (b) must submit a plan for mining and reclamation of prime farmland within the area under permit, or under a proposed permit, as the case may be. The plan shall include the information required under 30 CFR 716.7(e), and may include any additional information that the submitter believes will be relevant and helpful to the making of a determination by the Authority under 30 CFR 716.7(f)(l)(i). Prior to making its determination, the Authority will consult with the Soil Conservation Service, pursuant 30 CFR 716.7(f)(2). In the case of applications covering areas of surface mines as to which no public hearing has been held under Section 5(f) of the Illinois Act, the Authority shall consult with and receive comments from the Interagency Review Committee and local County Board under Section 17(f)(3) of the Illinois Act. All non-exempt existing mines must have the plan required under this subparagraph currently on file with the Authority at the time of application for all other mines. Prime farmland determinations shall have priority over other determination requests except emergency situations. The Regulatory Authority will make a finding within 45 days of receipt of a prime farmland determination request unless for good cause the Authority finds that it must extend the time for its finding.

62 Ill. Adm. Code 280.80 Enforcement Procedures

The regulations of this Part set forth the general procedures governing issuance of permit suspensions, notices of violation and orders to show cause pursuant to Section 17(g) of the Act.

a) Notices and Orders. All Notices and Orders issued pursuant to this Part shall set forth with reasonable specificity:

1. the nature of the violation and the remedial action required;

2. the period of time established for abatement; and

3. a reasonable description of the portion of the surface coal mining operation to which the Notice or Order applies.

b) Imminent Dangers and Harms

1. If the Director receives information of conditions or practices, or of violations of applicable performance standards, including Federal and State Regulations, or of violations of conditions contained in any permit which create an imminent danger to the health or safety of the public, the Director may immediately order suspension of a permit of a surface coal mining operation or that portion of the operation relevant to the condition, practice, or violation.

2. If the Director receives information of conditions or practices, or of violations of applicable performance standards, including Federal and State Regulations, or of violations of conditions contained in any permit, which are causing or can be reasonably expected to cause significant, imminent environmental harm to land, air, or water resources, the Director may immediately order suspension of a permit of a surface coal mining operation or that portion of the operation relevant to the condition, practice or violation.

3. The Regulatory Authority may impose affirmative obligations on the operator which the Authority deems necessary to abate the condition, practice, or violations if;

A) a permit suspension order is issued under paragraph (a) or (b) of this section; and

B) the permit suspension and resulting cessation of mining or reclamation activities will not completely abate the imminent danger or harm, or eliminate the practices or conditions that contributed to the imminent danger or harm.

4. When imposing affirmative obligations under this Part, the Regulatory Authority shall require abatement of the imminent danger or harm in the most expeditious manner physically possible. The affirmative obligation shall include a time by which abatement shall be accomplished and may include, among other things, the use of existing or additional personnel and equipment.

5. Reclamation operations not directly the subject of the order of suspension or affirmative obligation may continue during any permit suspension order.

6. The Regulatory Authority shall terminate its permit suspension order issued under paragraph (a) or paragraph (b) of this section by written notice when the Regulatory Authority determines that the conditions or practices or violations that contributed to the imminent danger to life, or the environment have been eliminated.

c) Non-Imminent Danger or Harm

1. If the Regulatory Authority finds conditions or practices, or violations of applicable performance standards, including Federal and State Regulations or violations of conditions included in any permit which do not create an imminent danger to life or the environment the Regulatory Authority may issue a notice of violation fixing a reasonable time for abatement.

2. The Regulatory Authority may extend the time to abate a violation by written notice if the failure to abate within the time set was not caused by the permittee's lack of diligence.

3. The Regulatory Authority may establish interim steps in an abatement period. If the permittee fails to meet any interim step within the time set, the Regulatory Authority may extend the time set for meeting the interim step, by written notice or may issue a permit suspension order pursuant to (d) of this Section.

4. The total time for abatement as originally fixed and subsequently extended shall not exceed ninety days.

d) Failure to Abate. The Director may suspend, modify, or revoke the permit if a coal mining operation, or the portion relevant to the violation, when a notice of violation has been issued under (c) of this Section and the permittee fails to abate the violation within the time originally fixed or subsequently extended. In a suspension, modification, or revocation order issued under this Section, the Regulatory Authority shall impose affirmative obligations to abate the violations in the manner provided in (b) of the Section. Reclamation operations not directly subject to the affirmative obligations imposed may be allowed to continue during a suspension, modification, or revocation order. Any order issued under this Section may be terminated when the Regulatory Authority determines that the conditions or practices, or violations have been abated.

e) Service of Notice. Notices and orders issued under this Part shall be given to the permittee or his designated agent. If no designated agent is found at the mine site, service will be made on the person who, based on reasonable inquiry by the Regulatory Authority, appears to be in charge of the surface coal mining operation. The person receiving service shall be responsible for any immediate compliance actions required by the notice or order. If no person is present or available to receive service, service may be made by posting a copy of the notice of violation at the mine. Service is complete on posting at the mine; however, a copy of each notice or order shall be mailed to the permittee at the address listed on the records of the Regulatory Authority.

f) Hearings – Permit Suspension, Modification, or Revocation

1. Within 10 days after the permittees has received any permit suspension, modification, or revocation order under this Part the Regulatory Authority may conduct a hearing at the mine site or within such reasonable proximity to the mine that it may be visited during the hearing. No hearing will be required if the condition, practice, or violation in question has been abated or if the permittee waives the hearing.

2. All hearings held in connection with a permit suspension, modification, or revocation order shall be conducted in accordance with Article 10 of the Illinois Administrative Procedure Act (Ill. Rev. Stat. 1991, ch. 127, par. 1010-5 et seq.) provided that Section 10-45 shall not apply to those hearings where the Director is present at the hearing.

3. Notices of the time, place and subject matter of the hearing shall be given to the permittee, any citizen who filed a report which led to the order to be reviewed and the Federal Office of Surface Mining. Notice of the hearing also shall be posted at the appropriate district or field office, at the mine site, and to the extent possible in a newspaper in the area of the mine.

4. Within 15 days of the close of the hearing, the Regulatory Authority shall affirm, modify, or vacate the order. The decision shall be in writing and shall be sent to the permittee, any citizen who filed a report which led to issuance of the order and the Federal Office of Surface Mining.

5. The Director may appoint an employee of the Regulatory Authority or an attorney licensed to practice law in Illinois to conduct hearings under this Part.

g) Hearings – Notice of Violation

1. Within 30 days after the permittee has received a notice of violation under this Part the Regulatory Authority may conduct a hearing at the mine site or within such reasonable proximity to the mine that it may be visited during the hearing. Unless the permittee files a request for a hearing within 15 days after receipt of the notice of violation or within the time fixed for abatement of the violation, whichever comes first, its right to a hearing shall be deemed waived, and the citation shall stand as admitted.

2. All hearings held under this Section shall be conducted in the same manner as hearings held under Section (f), except that the 15-day period for decision contained in (f) (d) shall not apply.

62 Ill. Adm. Code 280.90 Transitions

a) The provisions of The Surface-Mined Land Conservation and Reclamation Act as amended (Ill. Rev. Stat. ch. 96½, pars. 4501-4520) and corresponding regulations shall remain in effect insofar as they apply to the mining of coal as defined in 30 CFR 700.5, until the publication in the Federal Register of notice of the approval, conditional or unconditional, of the proposed Illinois permanent program by the Secretary of the Interior.

b) The effectiveness of Articles I through VIII of The Surface Coal Mining Land Conservation and Reclamation Act, (Ill. Rev. Stat. 1981, ch. 96 ½, par. 7901.01 et seq.) approved September 22, 1979, and any regulations promulgated in the Federal Register of Notice of the approval, conditional or unconditional, of the proposed Illinois permanent program by the Secretary of the Interior.

c) All permits issued under The Surface-Mined Land Conservation and Reclamation Act and regulations promulgated thereunder, and bonds accepted therewith, will remain effective and valid, and are hereby extended to the earliest in occurrence of the following: 8 months after the effective date of the Secretary's approval of a State program, or the date of approval of a permit application under an approved State program; provided, however, that a person conducting surface coal mining operations under a permit from the State Regulatory Authority, issued in accordance with the provisions of the Section 17 Interim Regulations for Illinois Surface Coal Mining Operations may conduct such operations beyond such period if an application for a permit has been filed in accordance with the provisions of the Federal Surface Mining Control and Reclamation Act of 1977, but the decision on the application has not been made.

d) Any operator may elect to submit an informal application for a permit to conduct surface coal mining operations at any time after August 1, 1980, including in the application information which will be required under The Surface Coal Mining Land Conservation and Reclamation Act.

e) Nothing in these Transition Rules is to be construed to change or affect the applicable law and regulations governing the aggregate mining industry as defined in the Surface-Mined Land Conservation and Reclamation Act, as amended.

f) To the extent consistent with the Surface Coal Mining Land Conservation and Reclamation Act, all bonds, plans, duties and requirements pursuant to "The Open Cut Land Reclamation Act," approved August 10, 1961, as amended, and "The Surface-Mined Land Conservation and Reclamation Act," approved September 17, 1971, as amended, shall remain in full force and effect with respect to mining commenced prior to the effective date of the Surface Coal Mining Land Conservation and Reclamation Act.

Part 300 Surface Mined Land Conservation and Reclamation Act

62 Ill. Adm. Code 300.10 Introduction

a) Authority

This Subpart implements the Surface Mined Land Conservation and Reclamation Act of 1971. This Part applies to all surface mining activity conducted in the State. Any rules previously promulgated pursuant to the Act are declared null and void on January 6, 1976. Upon approval, conditional or unconditional, of the Illinois permanent program by the Secretary of the Interior, the following rules and statutory provisions become inapplicable to operations mining coal: Rules 201-5, 301-2, 401-3, 501-2, 601-2, 701-9, 801-2, 901-2, 1001-2, and 1201-3, and Sections 4, 5, 8, 11, and 12 of the Surface Mined Land Conservation and Reclamation Act. Eight months after the date of such approval, the remainder of this Part shall become inapplicable to operations mining coal.

b) Definitions

Whenever used or referred to in this Subpart, unless a different meaning clearly appears from the context:

"Acid forming materials" means those materials capable of producing toxic conditions when exposed.

"Act" means the Surface Mined Land Conservation and Reclamation Act (the Act).

"Affected land" in addition to the meaning described in the Act means an area of land from which, on or after September 17, 1971, overburden is removed for surface mining or upon which overburden or refuse is deposited. It also means any area of land utilized at surface coal mines for drainage ditches, haulage roads, earth stockpile areas, and borrow pits.

"Amendment" means any request by a holder of a surface mining permit issued by the Department to the Department to change such permit by adding or transferring acreage within a geographically distinct mining site covered by that permit. This definition shall not be construed to include an alteration or correction of an application for a permit under Section 300.20(e)(3) of this Part.

"Area coal strip mines" means those mines whose operations involve more than five cuts in an unmined topography with slopes less than 20% grade.

"Boxcut" means the first open cut which results in the placing of overburden on unmined land adjacent to the initial pit and normally outside of the area to be mined.

"Consolidated materials" means materials of sufficient hardness or ability to resist weathering and to inhibit erosion or sloughing.

"Department" means Department of Natural Resources, or such department, bureau, or commission as may lawfully succeed to the powers and duties of such Department.

"Director" means the Director of the Department of Natural Resources or such officer, bureau, or commission as may lawfully succeed to the powers and duties of such Director.

"Final cut" means the last pit created in a surface mined area.

"Geographically distinct mining site" means pit or pits associated with the same processing plant, which have similar soil types, vegetation, topography and land uses.

"Gob" means that portion of refuse consisting of waste coal, rock, pyrites, slate, or other unmerchantable material of relatively large size which is separated from the mineral in the cleaning process.

"Haulage road" means the area upon which the mined mineral is moved by truck or other vehicles from the pit to either a preparation plant, or to the nearest public road whenever a preparation plant is not used; but, in no case, shall this definition be construed to include a public road.

"Highwall" means that side of the pit adjacent to unmined land.

"Interested persons" means any individual, partnership, corporation, association, or public or private organization which has made a timely request to the Director for notice with respect to a public hearing under Section 5(f) of the Act. This definition shall be construed to include any county board which is entitled to notice under the Act or this Part.

"Operator" means any person, firm, partnership, or corporation engaged in and controlling a surface mining operation, and includes political subdivisions and instrumentalities of the State of Illinois.

"Overburden" means all of the earth and other materials which lie above natural deposits of coal, clay, stone, sand, gravel, or other minerals, and also means such earth and other materials disturbed from their natural state in the process of surface mining.

"Permit period" means the period of time from the date of issuance of the surface mining permit until the tenth succeeding June 30 or until the termination date on the permit, if said date will occur prior to the tenth succeeding June 30.

"Pit" means a tract of land, from which overburden has been or is being removed for the purpose of surface mining.

"Reclamation" means conditioning areas affected by surface mining to achieve the purpose of the Act and rules made pursuant thereto.

"Record" means, in the case where a hearing is held, that compilation of information presented to the Department in the matter, including, but not limited to, the transcript of any hearing and any prehearing conference held, submissions and documents, the original application for permit and other pertinent materials; in the case where no hearing is held, "record" means that compilation of information presented to the Department in the matter.

"Refuse" means all waste materials directly connected with the cleaning and preparation of minerals mined by surface mining and discarded equipment and machinery.

"Slurry" means that portion of refuse separated from the mineral in the cleaning process, consisting of fines and clays in the preparation plant effluent, and which is readily pumpable.

"Surface mining" means the mining of any minerals by removing the overburden lying above natural deposits thereof, and mining directly from the natural deposits thereby exposed, or the deposition of overburden therefrom.

"Surface mining permit" means a permit, granted by the Department, to engage in surface mining.

"Toxic conditions" means any conditions 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 surface mining.

History

• Source: Amended at 26 Ill. Reg. 4372, effective March 11, 2002

62 Ill. Adm. Code 300.20 Permits

a) Who Must Apply For a Permit

1. A surface mining permit shall be required where:

A) Overburden exceeds 10 feet in depth, or

B) Where the surface mining and overburden area will affect more than 10 acres during the period of one year which shall be measured from July 1 to June 30 of the following year.

2. Gob refuse disposal areas and slurry ponds created or laterally extended in conjunction with surface mining operations for which a permit is necessary as described in (a)(1) above shall be required to have Gob Refuse Disposal Permits or Slurry Pond Refuse Disposal Permits issued by the Department.

b) How to Calculate Affected Acreage

1. In order to calculate affected acreage for permit purposes under the Act and this Part, land shall be counted as being affected only one time during the life of a bond, and said land shall be affected during the permit period it is initially mined or converted to refuse disposal use.

2. "Affected land," following reclamation and release of bond, shall be considered to revert back to its original character as unmined land and should an application be made to reopen or remine the same land or a portion thereof, the same land shall be governed by the provisions of the Act as if such land never before had been mined or affected.

c) Types of Permits

1. The following types of permits shall be issued by the Department:

A) Surface Mining Permit

B) Gob Refuse Disposal Permit

C) Slurry Pond Refuse Disposal Permit

2. No operator who holds a permit to engage in surface mining by this Department may create or extend gob piles or slurry ponds for refuse disposal without a permit for such gob refuse or slurry pond refuse issued by the Department upon conditions consistent with the Act and this Part.

d) Where and How to Apply For a Permit

1. Applications, notices, and other communications under the Act and this Part shall be:

A) delivered to an authorized representative of the Surface Mined Land Reclamation Division of the Department, or

B) addressed to:

Illinois Department of Natural Resources

Office of Mines and Minerals

One Natural Resources Way

Springfield, Illinois 62702-1271

2. For purposes of the Act and of this Part, applications, notices, and other communications shall be deemed to have reached the Department on that day when it is actually received by the Department or an authorized representative of the Department.

3. All forms submitted to the Department shall be executed by the operator, or his authorized representative.

4. A separate permit shall be required for each geographically distinct mining site.

5. A separate application shall be submitted for each type permit.

6. Applications for permits shall be submitted on official forms provided by the Department.

e) Validity Period of a Permit; Mandatory Action by the Department; Alterations and Corrections to Applications; Penalties for Failure to Comply

1. Validity Period of a Permit

A) A surface mining permit shall be effective from the date of its issuance until the tenth succeeding June 30, or until the termination date on the permit if said date will occur prior to the tenth succeeding June 30.

B) A gob refuse disposal permit shall be valid from the date of issuance for the active life of the disposal area.

C) A slurry pond refuse disposal permit shall be valid from the date of issuance for the active life of the disposal area.

2. Mandatory Action by the Department; Notice of Later Decision

A) The Department shall take final action on an application and plan within 120 days after the date of the filing of an application for a permit under Section 300.60(a) of this Part. If no action on an application is taken by the Department within this time period, the permit applied for is deemed to be granted and the reclamation plan submitted with that application is deemed to be approved. But, if the Department gives written notice to the applicant that it will taken action later than 120 days after the date of the filing of an application for a permit, then the permit applied for is not deemed to be granted and the reclamation plan is not deemed to be approved when the 120 day period elapses.

B) In the event the Department gives written notice of a later decision (other than for a correction or alteration to an application as provided for in Section 300.20(e)(4)) the Department shall establish a reasonable time for the final action.

3. Applications for Refuse Disposal Permits

Applications for Refuse Disposal Permits are subject to the same requirements of the Act and this Part as are applicable to the applications for Surface Mining Permits, except as may otherwise be specifically provided by the Act or this Part.

4. Alterations or Corrections to Applications for Permits

The Department may from time to time require an applicant to alter or correct his application. Such requirement shall be in writing to the applicant and such written communication to the applicant shall be considered to be notice of a later decision under subparagraph (e)(2)(A) of this Section. A copy of such written requirement shall be sent by first class mail to the County Clerk at the county seat of each county containing lands to be affected under the permit applied for, with directions that such copy be forwarded to the residence of the presiding officer of the county board or commissioner. After such alteration or correction is made by the applicant, is received by the Department, and is deemed satisfactory to the Department, the 120 day period begins again, less the number of days between the date of filing of the application for a permit and the date of notice given by the Department.

5. Penalties for Failure to Comply

Anyone who engages in surface mining or any of its related activities without a permit as required by the Act and this Part is subject to the penalties set forth in the Act and in this Part.

History

• Source: Amended at 26 Ill. Reg. 4372, effective March 11, 2002

62 Ill. Adm. Code 300.30 Fees

a) Fees Generally

Each application for a permit shall require a separate fee payment. Permit fees are not to accompany the application. After receipt of the application, the Department will request the permit fee before issuance of the permit. The fee shall be in the form of a check made payable to the Illinois Department of Natural Resources, Office of Mines and Minerals.

b) Permit Fee Calculation

1. Surface Mining Permit

The fee for a surface mining permit shall be $150 for every acre and fraction of an acre of land to be permitted. The permit fee shall only be paid once on an acre of land regardless of the number of permit periods it is mined, but, with respect to areas where the overburden is to be removed again and upon which the surety bonds have been released, a new permit, fees and bond will be required.

2. Refuse Disposal Permits

The fee for a gob refuse disposal permit and for a slurry pond refuse disposal permit shall be calculated in the same manner as the fee to engage in surface mining. The permit fee shall only be paid once on an acre of land regardless of the active life of a disposal area.

History

• Source: Amended at 37 Ill. Reg. 6779, effective May 1, 2013

62 Ill. Adm. Code 300.40 Bonds

a) Bonds Generally

Bonds shall be in keeping with the Act and this Part. Each application for a permit shall require a separate bond. Bonds shall be issued to coincide with the permit period.

b) Bond Calculation

The amount of bond required to be filed with the Department before any surface mining or refuse disposal permit is issued shall be from $600 to $10,000 per acre or fractional part thereof, the exact amount to be determined by the Director after considering the various factors relating to the predictable reclamation cost.

Under circumstances in which a written agreement between the operator and a third party requires overburden to be removed, replaced, graded and seeded in a manner that the necessary bond penalty exceeds $10,000 per acre, the Department shall require a bond amount sufficient to ensure the completion of the reclamation plan specified in the approved permit in the event of forfeiture. In no case shall the bond for the entire area under one permit be less than $600 per acre or $3,000, whichever is greater. The Director shall notify the applicant of the amount of the bond which must be filed by the applicant before a permit will be issued.

c) Definitions

1. Bond means surety bond or other security in lieu thereof.

2. Surety bond means an indemnity agreement in a sum certain payable to the Department, executed by the permittee as principal and supported by the performance guarantee of a corporation licensed to do business as a surety in Illinois.

3. Other security means an indemnity agreement in a sum certain executed by the permittee as principal that is supported by the deposit with the Department of one or more of the following:

A) A cash account, which shall be the deposit of cash in one or more federally-insured or equivalently protected accounts, payable only to the Department upon demand, or the deposit of cash directly with the Department;

B) Negotiable government securities, endorsed to the order of, and placed in the possession of, the Department;

C) An irrevocable letter of credit of any bank organized or authorized to transact business in Illinois, payable only to the Department upon presentation;

D) Certificates of deposit, drawn on a federally insured bank, made payable or assigned to the Department and placed in its possession.

d) Bond Requirements

1. Form

Bonds required to be filed with the Department shall be in such form and content as the Director prescribes, payable to the "People of the State of Illinois".

2. Conditions Generally

A) Each bond shall conform with the requirements of the Act and this Part and with the declared purpose for which the application for the permit is filed. The bond shall be in the amounts prescribed by the Act and established by the Director governing that declared purpose and the proposed area affected.

B) Bonds shall remain in effect until the affected lands have been reclaimed, approved and released by the Department, pursuant to the Act and this Part.

3. Surety Bond Requirements

A) Bonds shall be signed by the operator as principal, and by a good and sufficient corporate surety, approved by the Director and licensed to do business in Illinois as surety.

B) Each surety bond shall provide that the bond shall not be cancelled by the surety except after not less than 90 days' notice to the Department. The notice shall be served upon the Department in writing by registered or certified mail to the following address:

Illinois Department of Natural Resources

Office of Mines and Minerals

One Natural Resources Way

Springfield IL 62702-1271

C) Not less than 10 days prior to the expiration of the 90 days' notice of cancellation, the operator must deliver to the Department a replacement bond. If the bond is not delivered, all surface mine operations and use of slurry ponds and gob disposal areas by that operator must cease. The replacement bond shall be accompanied by a letter from the bonding company acknowledging the bond is in lieu of a formerly cancelled bond and identifying the dates of the permit period the bond is to cover.

D) If the license to do business in Illinois of any surety upon a bond filed with the Department shall be suspended or revoked, the operator, within 30 days after receiving notice of the suspension/revocation from the Department, shall substitute for any surety a good and sufficient corporate surety approved by the Director and licensed to do business in Illinois as a surety. Upon the failure of the operator to make the substitution of surety, the Department shall have the right to suspend the permit of the operator until substitution has been made.

4. Other Securities Requirements

A) Letters of credit shall be subject to the following conditions:

i) The letter may only be issued by a bank organized or authorized to do business in the United States (issuing bank). If the issuing bank does not have an office for collection in Illinois, there shall be a confirming bank designated that is authorized to accept, negotiate and pay the letter upon presentment in Illinois.

ii) Letters of credit shall be irrevocable during their terms. A letter of credit used as security in areas requiring continuous bond coverage shall be forfeited and shall be collected by the Department if not replaced by other suitable bond or letter of credit at least 30 days before its expiration date.

iii) The letter of credit shall be payable to the Department upon demand, in part or in full, upon receipt from the Department of a notice of forfeiture issued in accordance with Section 300.170.

iv) The letter of credit shall provide on its face that the Department, its lawful assigns, or the attorneys for the Department or its assigns, may sue, waive notice and process, appear on behalf of, and confess judgment against the issuing bank (and any confirming bank) in the event that the letter of credit is dishonored. The letter of credit shall be deemed to be made in Sangamon County, Illinois, for the purpose of enforcement and any actions on the letter of credit shall be enforceable in the Courts of Illinois, and shall be construed under Illinois law.

B) Certificates of deposit shall be subject to the following conditions:

i) The Department shall require that certificates of deposit be made payable to or assigned to the Department, both in writing and upon the records of the bank issuing the certificates. If assigned, the Department, shall require the banks issuing these certificates to waive all rights of setoff or liens against those certificates.

ii) The Department shall not accept an individual certificate of deposit in an amount in excess of $100,000 or the maximum insurable amount as determined by the Federal Deposit Insurance Corporation (FDIC) or the Federal Savings and Loan Insurance Corporation (FSLIC).

C) Cash accounts shall be subject to the following conditions:

i) The Department may authorize the permittee to supplement the bond through the establishment of a cash account in one or more federally-insured or equivalently protected accounts made payable upon demand to, or deposited directly with, the Department.

ii) Any interest paid on a cash account shall be returned to the permittee.

iii) The Department shall not accept an individual cash account in an amount in excess of $100,000 or the maximum insurable amount as determined by the FDIC or the FSLIC.

e) Request for Bond Review

1. During the term of the permit, and until all bond has been released, the permittee, the county board of each county containing lands affected, or a municipality with legal jurisdiction over the permit area through an annexation or pre-annexation agreement with the permittee, may submit a written request to review the Department's required bond amount and calculations upon which the bond amount was based.

2. The Department shall notify the permittee, county board and municipality whenever a request for bond review has been received. It shall be the permittee's responsibility to accurately identify in the permit application any applicable municipality with legal jurisdiction, pursuant to Section 300.50(a)(16).

3. Based upon review of the bond calculation, if the permittee, county board or municipality believes the bond amount to be inadequate or excessive, it may present written information to the Department in support of its position. That information must be based upon site specific conditions and supported by sound technical data, including, but not necessarily limited to, engineering cost estimates for earthmoving, grading and revegetation. All information submitted will be made available to the permittee, county board and municipality.

4. The Department shall render a written decision on each request for bond review within 60 days after receipt of all information specified in subsection (e)(3), and shall provide a copy of its decision to the permittee, county board and municipality. The Department's decision concerning the bond review request must be based upon site specific conditions and supported by sound technical data, including, but not necessarily limited to, engineering cost estimates for earthmoving, grading and revegetation. If the Department makes the determination that the bond amount is inadequate or excessive, the bond shall be adjusted in accordance with Section 8 of the Act.

5. The Department will make any site specific information in its possession available to the permittee, county or municipality upon request, with the exception that confidential information submitted by the permittee pursuant to Section 5(e)(15) of the Act may not be released to the county or municipality.

6. The Department's written decision on a request for bond review shall be considered the final agency action, and the permittee, county or municipality may request judicial review of that decision in accordance with the Administrative Review Law [735 ILCS 5/Art. III].

History

• Source: Amended at 41 Ill. Reg. 10490, effective July 28, 2017

62 Ill. Adm. Code 300.50 Permit Application Requirements

a) General Requirements

Each geographically distinct mining site and refuse disposal area shall require a separate permit application, which shall be accompanied by a United States Geological Survey Topographical Map outlining the acreage to be affected and adequately showing the land surrounding the acreage to be affected. Each application for a permit, and each amendment to an application for a permit, shall be submitted to the Department pursuant to the Act and to this Part and shall contain the following items (subject to waiver by the Director with respect to amendments to applications as provided for in the Act):

1. a statement of the ownership of the land and of the ownership of the minerals to be mined;

2. a list of the minerals to be mined; or from which the refuse was derived;

3. the character and composition of the vegetation and wildlife on the lands to be affected;

4. the current and past uses of the lands to be affected;

5. the current assessed valuation of the lands to be affected and the assessed valuation shown by the 2 quadrennial assessments next preceding the currently effective assessment;

6. the nature, depth and proposed disposition of the overburden;

7. the estimated depth to which the mineral deposit will be mined;

8. the technique to be used in surface mining;

9. the location and names of all streams, creeks, bodies of water and underground water resources within the land to be affected;

10. drainage on and away from the lands previous to being affected during mining and after mining and reclamation is completed including directional flow of water, natural and artificial drainage and waterways, and streams or tributaries receiving the discharge;

11. the location of buildings and utility lines within lands to be affected;

12. disclosure of the forfeiture or notice of forfeiture of any reclamation bond or reclamation security filed by the applicant or any operator related to the applicant, with this state or any other state, agency of state government or unit of local government. For the purposes of this subsection (a)(12), "operator related to the applicant" means:

A) any person, corporation or entity, directly or indirectly controlling, controlled by or under common control of the individual or corporate applicant, or

B) any officer or director of an entity or corporation performing similar functions with respect to another entity, corporation or person related to the individual or corporate applicant;

13. the results of core drillings of consolidated materials in the overburden when required by the Department, provided that the Department may not require core drillings at the applicant's expense in excess of one core drill for every 25 acres of affected land;

14. a detailed soil map of medium intensity prepared by Soil Conservation Service, U.S. Department of Agriculture, which shows the kind and extent of soils to be affected by coal surface mining during the forthcoming permit period. This requirement may be waived by the Director upon the written request of the applicant filed with and at the time of application, which request verifies that:

A) such a map is either not in existence or not readily available, and

B) to have such a map prepared or made available would necessitate an undue delay.

In the event that the requirement for this map is waived, the applicant shall submit a comparable map approved by the Director. Operators of aggregate mines are not required to submit this map;

15. the desired effective date of the permit; and

16. the name, address, contact person and phone number of any municipality with legal jurisdiction over the proposed permit area through an annexation or pre-annexation agreement.

AGENCY NOTE: As provided for in the Act, information respecting the minerals to be mined, respecting the estimated depth to which the mineral deposit will be mined, and respecting the results of core drillings if required by the Department shall be held confidential by the Department upon the written request of the operator.

b) Reclamation Plan and Map

1. Each application for a permit, and each amendment to an application for a permit, submitted to the Department under the Act and this Part, shall contain a conservation and reclamation plan for each geographically distinct mining site or refuse disposal site to be affected during the permit period. Included with the plan shall be maps of the area to be affected (with the same scale as recommended in Section 300.160(d) of this Part) designating which parts of the lands shown are to be reclaimed for:

A) forest;

B) pasture;

C) crop;

D) horticultural;

E) homesite;

F) recreational;

G) industrial; or

H) other uses, including food, shelter and ground cover for wildlife.

2. The reclamation plan, together with the reclamation maps shall:

A) provide for timely compliance with all operator duties as set forth in Section 6 of the Act and this Part by feasible and available means; and

B) provide for storage of all overburden and refuse.

c) Copies Required

Each application for a permit, and each amendment to an application for a permit, shall be submitted to the Department in duplicate.

History

• Source: Amended at 26 Ill. Reg. 4372, effective March 11, 2002

62 Ill. Adm. Code 300.60 Role of County Government in Reclamation

a) Notice, Date of Application, Responsibilities of County Clerks

The application for surface mining permit, except those portions of such application which have been kept confidential at the request of the applicant, which request was made pursuant to Section 5(e)15 of the Act, and the proposed conservation and reclamation plan and maps shall be made available in duplicate for public inspection and for consideration by the county board within whose jurisdiction said lands will be affected by surface mining. The applicant shall deliver copies of the applications, plans, and maps to the county clerk at the county seat of each county containing lands to be affected prior to filing the application, plan, and map with the Department. The county clerk shall retain one (1) such set of copies and forward forthwith one (1) set of copies to the residence of the presiding officer of the county's board or commission by registered mail return receipt requested. An acknowledgement that the copies have been received and forwarded as prescribed, bearing the signature of the county clerk or his representative, as set forth in amended MLCR Form 1a, shall be filed with the Department at the time of filing the application for a permit. This application shall be filed, as provided for in Section 300.20(d) of this Part, immediately upon receipt of this acknowledgement. The date of the filing of the application for a permit shall be the same date as the date of the acknowledgement by the county clerk pursuant to this Section.

b) Time for Hearings; County Board Plans

1. The Department shall hold a public hearing regarding a proposed conservation and reclamation plan if any county board with which the plan is filed pursuant to the Act and to this Part requests such a hearing. The county board must request a hearing within forty-five (45) days of the filing of the application for a permit. If a county board requests a hearing, the Department will fix the time and place of the hearing. In cases where no public hearing is held on a proposed plan, the Department will consider written testimony from county boards when submitted no later than forty-five (45) days following the filing of the application for a permit. The Department shall immediately serve copies of such written testimony on the applicant and give the applicant a reasonable opportunity to respond by written testimony.

2. The county board may propose the use for which lands covered by a plan are to be reclaimed. The county board must file such proposal with the Department and the applicant within forty-five (45) days of receiving the plan. If the county board does not request a hearing within forty-five (45) days of receiving the plan but does submit a proposal, the Department will not hold a hearing. If the county board submits a proposal but has not requested a hearing, the Department will allow the applicant to submit written comments on the proposal and will allow the county board to make a written reply to such comments.

3. A county board may file with the Department a written waiver of its rights to request a hearing or to propose the use for which lands are to be reclaimed.

4. The county board may supplement or amend its proposal prior to the hearing if it has given to the applicant, the Department and interested persons ten (10) days written notice prior to the hearing which notice shall state the changes proposed.

62 Ill. Adm. Code 300.70 Departmental Consideration of Reclamation Plans

a) Approval of Plans

The Department shall approve a conservation and reclamation plan if the plan complies with the Act and this Part, and if the completion of the plan will in fact accomplish every duty required of the operator. The Department's approval of a plan shall be based on the advice of technically trained foresters, agronomists, economists, engineers, planners and other relevant experts having experience in reclaiming surface mined lands. The Department shall consider the view filed by the county board in writing with the Department. The Department shall consider the short and long term impact of the proposed mining on:

1. vegetation;

2. wildlife;

3. fish;

4. land use;

5. land values;

6. local tax base;

7. economy of the region and of the State;

8. employment opportunities;

9. air pollution;

10. water pollution;

11. soil contamination;

12. noise pollution;

13. drainage.

b) Alternative Land Uses

The Department may consider feasible alternative land uses for which reclamation might prepare the affected land and may analyze the relative costs and effects of those alternatives.

c) Notice

The Department shall send notice of any hearing to be held pursuant to Section 5 of the Act to the applicant, the county board, all interested persons who have requested, in writing, notice with respect to that particular parcel of land to be affected by the application and plan, and to the principal newspapers, television and radio stations serving the area. The Department will publish notice of the hearing in a newspaper of general circulation within the county. The notice will be sent not less than 10 nor more than 35 days prior to the date fixed for the hearing.

d) Hearing Officer

1. The Department will appoint a hearing officer to conduct the hearing. The hearing officer shall not reside or have an office within the county and shall be either a State employee or a licensed attorney. The hearing officer shall conduct a fair hearing and shall take all necessary action to avoid delay, to maintain order, and to develop a clear and complete record.

2. He shall have all powers necessary to these ends, including but not limited to the power to:

A) Rule upon motions and requests consistent with the law and this Part;

B) Change the time and place of the hearing and adjourn the hearing from time to time or from place to place within the county of the affected lands and to give due notice of such action consistent with the notice requirement of subsection (c) of this Section;

C) Administer oaths;

D) Examine and cross-examine witnesses and direct witnesses to testify;

E) Admit or exclude evidence on the issues;

F) Hear oral argument on the facts or the law; and

G) Require prior submission of expert testimony in writing, require prior submission of exhibits, and make such orders as appropriate to preserve the right of cross-examination with respect thereto.

e) Prehearing Conferences

1. The hearing officer, on his own motion, or on the motion of any applicant or interested party, the Department or the county board, or representatives of same, may direct all such entities or their representatives to appear at a specified time and place for a conference for:

A) The simplification of the issues;

B) Obtaining stipulations and admissions of fact;

C) The identification and, if practicable, the scheduling of witnesses to be called;

D) If appropriate, the advance submission at the prehearing conference by any applicant or interested person, the Department or county board of documentary evidence to be marked for identification. All evidence thus submitted shall be marked for identification. When portions only of a document are to be relied upon, the offering party shall prepare the pertinent excerpts thereof, adequately identified, and shall supply copies of such excerpts together with the original document to the hearing officer for examination and study by all other parties;

E) Such other matters as may aid in the fair, orderly and expeditious disposition of the proceeding.

2. The hearing officer may, following a prehearing conference, issue an order setting forth the agreements reached by the parties or representatives, the schedule of witnesses, and a statement of issues for the hearing. Such order shall control the subsequent course of the proceeding unless modified for good cause by subsequent order. Notwithstanding any provision of this subsection, witnesses may present testimony and other material may be introduced and received as evidence at the hearing, so long as such testimony or other evidence is otherwise admissible under the Act and this Part.

f) Hearing Procedures

1. The applicant shall appear at any hearing held pursuant to a request of the county board. The Department through its representatives shall appear at any such hearing.

2. Any applicant, the Department or interested persons may be represented by an authorized officer, employee, or other representative. All such entities and the county board shall have the right to be represented by counsel.

3. The hearing officer may allow the county board, the applicant, and any interested persons to make an opening statement or closing argument. The county board, the applicant, the Department, and any interested persons shall have the right to cross-examine witnesses.

4. Where necessary in order to prevent undue prolongation of the hearing, the hearing officer may limit the number of times any witness may testify, may limit repetitious or cumulative testimony, and may establish reasonable limits on the amount of time each witness may testify. The hearing officer shall establish a time period during which members of the public shall be heard. Every effort will be made to allow all such persons who wish to make a statement to do so within the discretion of the hearing officer.

5. A verbatim transcript of the hearing shall be maintained by a reporter appointed by the Department, and shall constitute a part of the record. Copies of the transcript shall be furnished upon request at cost.

6. If an applicant, county board or interested person objects to the admission or rejection of any evidence or to any other ruling of the hearing officer during the hearing, he shall state briefly the grounds of such objection. The transcript shall not include argument or debate on an objection except as ordered by the hearing officer. The ruling of the hearing officer on any objection shall be a part of the record. No interlocutory appeal may be taken from any ruling of the hearing officer.

7. The record shall remain open for rebuttal statements for 10 days following the close of the hearing, or for such other reasonable time as the hearing officer may direct.

g) Admission of Evidence

1. The hearing officer may, insofar as practicable, exclude evidence which is immaterial, irrelevant, or unduly repetitious.

2. If relevant and material evidence is contained in a report or document containing immaterial or irrelevant matter, such immaterial or irrelevant matter shall be excluded and shall be segregated insofar as practicable, subject to the direction of the hearing officer.

3. Whenever evidence is excluded from the record, the party offering such evidence may make an offer of proof, which shall be included in the transcript. The offer of proof shall consist of a brief statement describing the evidence to be offered. If the evidence consists of a brief statement or affidavit, or an exhibit, it shall be inserted into the transcript in toto. In such event, it shall be considered a part of the transcript if the Department decides that the hearing officer's ruling in excluding the evidence was erroneous.

4. Any relevant and material documentary evidence shall be received in evidence, including affidavits, published scientific articles, and official documents, regardless of whether or not the affiant, author, or maker is available for cross-examination. Where any such evidence is admitted without cross-examination, or where cross-examination is limited for any purpose by the hearing officer, the Department shall consider the extent to which an opportunity for cross-examination was provided in determining the weight to be accorded evidence appearing in the record.

5. If the Department relies on any report or other document in its consideration of the application, not admitted into evidence at a hearing, nor submitted to the Department pursuant to the Act and this Part in a situation where no hearing is held, the Department will include a copy of such document in the record.

h) Decision of the Department

1. The Department shall approve a reclamation plan and issue the permit applied for, if it determines that such plan best complies with the Act and this Part in all respects. The Department's decision with respect to such plan shall be based upon the record. Nothing in the Act or in this Part shall be construed as preventing the Department or its representatives or any hearing officer appointed pursuant to the Act and this Part from taking administrative notice of any fact, law, rules or regulations commonly known, but not formally introduced or otherwise made a part of the record with respect to such plan.

2. Whenever the Department does not approve the applicant's plan, or whenever the plan approved by the Department does not conform to the views of the county board expressed in accordance with Section 5(f) of the Act, the Department will issue a statement of its reasons for its determination and will make such statement public. A copy of this decision and statement shall be mailed by the Department to the applicant and to the county clerk of each county containing land to be affected by registered mail return receipt requested. The county clerk shall forward such decision and statement to the presiding officer of such county board by registered mail return receipt requested. The Department's action with respect to any plan and permit application shall be deemed to occur on the day the Department mails such decision and statement to the applicant and county clerk.

i) Modification of a Reclamation Plan After Denial of an Application For Permit Under Subsection (h)

If an application for permit is denied pursuant to subsection (h), the applicant may submit a modified reclamation plan as part of its original application within 10 days after the Department's issuance of its decision and statement of its reasons for such decision. Such modified plan shall be submitted in writing to the county board of each county containing land to be affected, as provided for in the Act and in Section 300.60(a) of this Part. The county board shall have 10 days from the date of the filing of such modified plan with the Department to direct written testimony and documentary evidence regarding such modified plan to the Department. If the Department determines that the modified plan best complies with the Act, this Part and the terms of the previous decision and statement on the original plan, it shall approve the reclamation plan and issue the permit applied for to the applicant. The Department's decision with respect to such modified plan shall be based on the original record of the hearing on the plan and on the written submissions allowed for under this subsection.

History

• Source: Amended at 26 Ill. Reg. 4372, effective March 11, 2002

62 Ill. Adm. Code 300.80 Public Filing of Approved Plans

a) Where to File

The approved reclamation plan shall be filed by the operator in duplicate with the clerk of each county containing lands to be affected, and such plan shall be available for public inspection at the office of the clerk until reclamation is completed and the bond is released in accordance with the provisions of the Act and this Part. Upon receipt of the approved reclamation plan, the county clerk shall forward one (1) copy to the presiding officer of the county's board or commission.

b) Proof of Filing

Proof of filing the approved reclamation plan and the prescribed forwarding of same shall be submitted to the Department by an acknowledgement to said effect bearing the signature of the county clerk or his representative, as set forth in amended MLCR Form 1b.

62 Ill. Adm. Code 300.90 Amendments to Permits

a) Surface Mined Affected Lands

1. Amendment to Increase Affected Acreage

An operator may make application to amend his surface mining permit to include additional acreage at any time during the permit period. The fee for such an amendment to a permit shall be at a rate per acre consistent with the prescribed rate for the new total estimated acreage to be affected and such fee shall be submitted upon request by the Department. The additional bond or security which shall be required, if such an amended permit is granted shall be at a rate per acre consistent with the Act and Section 300.40(b) of this Part. The Director shall notify the applicant of the amount of the additional bond or security to be filed and the additional fees to be submitted by the applicant before the amended permit will be issued.

2. Amendment to Transfer Acreage Under Permit Within a Geographically Distinct Mining Site

An operator may make application to amend his surface mining permit by requesting to transfer acreage from within an area under permit to another area outside the permit area but within the same geographically distinct mining site at any time during the permit period. Upon approval of the Department, such amendment shall be allowed without additional fees except as may be provided elsewhere in this subsection.

3. Requirements for Amendments to Permits Under Subsections (a)(1) and (a)(2)

Any application for an amendment to a surface mining permit allowed under subsections (a)(1) and (a)(2) of this Section shall be governed by those provisions of the Act and this Part that apply to applications for a surface mining permit. Such provisions and rules shall include, but are not limited to, provisions and rules concerning notice to county boards, dates of application, responsibilities of county clerks, times for hearings, county board proposals, and Departmental consideration of reclamation proposals and recommendations generally.

4. Request to Reduce Affected Acreage

An operator may make application to withdraw acreage covered by permit, except affected land, at any time during the permit period. Upon approval by the Department, the bond shall be reduced proportionally but there shall be no refund of fees.

b) Amendments to Permits for Refuse Disposal Lands

An operator may make application to increase acreage or to transfer acreage under permit within a geographically distinct disposal site at any time during the permit period for the Slurry Pond Disposal Permits or for Gob Refuse Disposal Permits. An application for an amendment shall be made in the fashion referred to in subsection (a)(3). The fee for an amendment to a permit to increase acreage shall be at a rate per acre consistent with the prescribed rate for the new total estimated acreage to be affected, and the fee shall be submitted upon request of the Department. The additional bond or security which shall be required, if an amended permit is granted, shall be at a rate per acre consistent with the Act and Section 300.40(b) of this Part. The Director shall notify the applicant for the amount of the additional bond or security to be filed and the additional fees to be submitted by the applicant before the amended permit will be issued.

History

• Source: Amended at 26 Ill. Reg. 4372, effective March 11, 2002

62 Ill. Adm. Code 300.95 Transfer of Permits

a) An operator may transfer any existing permit to a second operator, after first notifying the Department of the intent to transfer the permit.

b) The Department shall transfer any existing permit to a second party upon written notification from both parties and the posting of an adequate performance bond by the new permittee, in accordance with Section 300.40.

History

• Source: Added at 26 Ill. Reg. 4372, effective March 11, 2002

62 Ill. Adm. Code 300.100 Reclamation Planning

a) Statement

1. It shall be the responsibility of the Department to encourage operators to consider the advantages of:

A) long range reclamation planning, and

B) multiple land use planning.

2. Long range reclamation planning means determining several years in advance of mining a tract of land how and for what purpose the acreage to be affected by such mining will be reclaimed after mining operations are completed on that tract of land. Multiple land use means reclaiming a tract of land for several different but compatible purposes. For example, a tract of land may be reclaimed on various different portions of the acreage to be affected for the following purposes:

A) use as a pasture for farm animals;

B) use as a recreational area for fishing and picnicking; and

C) use as a means of providing food and ground cover for wildlife through the use of trees and shrubs.

3. The Department shall encourage operators to consult with local and regional planning organizations, as well as local units of government, for advice and assistance in reclamation planning. The Department shall cooperate fully with operators who demonstrate a desire to develop a comprehensive reclamation program for future mined acreage. A long range reclamation program cannot be approved by the Department except insofar as such program is a part of an application for a surface mining permit, but the Department shall offer opinions as to the feasibility of comprehensive reclamation programs as developed for a specific tract of land upon the request of an operator.

b) Determining Uses For Which to Reclaim Land

On all lands to be affected the operator, in consultation with competent authorities, shall determine which parts of the affected land shall be reclaimed for forest, pasture, crop, horticultural, homesite, recreational, industrial, or other uses including, but not limited to, food, shelter, and ground cover for wildlife. Site conditions and soil capabilities shall be the determining factors when selecting the type of reclamation for a particular area. It is recommended that a trained technician capable of conducting soil sample analysis be consulted.

62 Ill. Adm. Code 300.110 General Reclamation Requirements

a) Time Requirement For Completion of Reclamation

1. All reclamation provided for in the Act and this Part shall be carried to completion by the operator prior to the expiration of 3 years after active use, as determined by the Department.

2. Exceptions

When extension of the reclamation period is necessary to allow continued mining operation otherwise permitted by the Act and this Part, or to accomplish acceptable reclamation, such request for extension shall be justified in writing to the Department. It shall be within the discretion of the Department to grant such extension consistent with the Act and this Part. If lands are not satisfactorily reclaimed and if the Department shall deny request for an extension of the reclamation period, the Department shall declare forfeiture of the surety bond or security on such land not satisfactorily reclaimed or, in the alternative, the Director shall provide that the operator cover such areas within one year with material capable of being vegetated in accordance with vegetative standards adopted by the Department.

b) Grading Requirements

1. Fifteen Percent Requirement

All land affected by surface mining, except as otherwise provided for in the Act and this Part, shall be graded to a rolling topography traversable by machines necessary for maintenance in accordance with planned use. Such slopes shall have no more than a 15% grade.

2. Exceptions to Fifteen Percent Requirement

A) The grade shall not exceed 30% on any of the following:

i) lands to be reclaimed to forest plantation or recreational or wildlife land uses;

ii) the outside slopes of all overburden deposition areas; and

iii) the outside slopes of all box cut spoil areas.

B) The final cut spoil and the side slopes of haulage road inclines can remain at a slope equal to the angle of repose of the material, provided the material can support vegetative cover.

C) In no case shall the Department require grading to a lesser slope than the original grade of the overburden existing prior to mining.

3. Terrace Requirement

Where acceptable soil conservation practices make it advisable to do so, the Department shall require operators, consistent with Section 300.130 of this Part, to terrace reclaimed lands for the prevention of excessive erosion.

4. Highwalls, except those created by the aggregate mining industry, shall be reshaped to a maximum slope of two-to-one or 50% to the anticipated water level or dry pit bottom unless otherwise excepted by the Director.

c) Land Not Requiring Reclamation

In cases where pools or lakes capable of supporting aquatic life may be formed by rainfall or drainage runoff from adjoining land, the depressed haulage roads or final cuts or any other area to be occupied by pools or lakes, if approved by the Department, shall not require any further reclamation. Where the Director determines that a road, dry pit bottom or ditch is consistent with and necessary to the conservation and reclamation plan for an area, no further reclamation shall be required.

d) Land to be Reclaimed For Row-Crop Agriculture

1. When the Director determines that the land to be affected is capable of being reclaimed for row-crop agricultural purposes and suitable for row-crop agricultural purposes based on United States Soil Conservation Service soil survey classifications of the affected land prior to mining, and when the Director determines that the optimum future use of the land affected is for row-crop agricultural purposes, the affected land shall be graded to the approximate original grade of the land and all or part of the darkened surface soil, as defined in the Act, shall be segregated during the stripping process and replaced as a final cover as a last step in the required grading. When available in such depth, at least 18 inches of the darkened surface soil shall be segregated and replaced. When less than 18 inches of darkened surface soil exists all such lesser amounts shall be segregated and replaced. In no case shall less than the top 8 inches of surface soil, darkened or not, be segregated and replaced. This segregation and replacement requirement may be altered by the Department only if it is determined upon the advice of competent soil scientists that other material available in the case overburden would be suitable in meeting the reclamation requirements. Below the darkened surface soil the replaced material shall be suitable as an agricultural root medium. The Department shall determine by rules what constitutes a suitable agricultural root medium by composition and depth. On all lands to be reclaimed the operator shall not be required to create a soil condition better than that which existed prior to surface mining.

2. Slope classifications of lands before mining are:

A) 0%-2%;

B) 2%-5%;

C) 5%-10%.

3. Approximate original grade means the grading of affected lands that were originally of the subsections (d)(2)(A) and (2)(B) slope classifications to a maximum slope not to exceed 5% slope with a planned erosion control system approved by the Director for 3%-5% slopes.

4. Approximate original grade means the grading of affected lands that were originally of the subsection (d)(2)(C) 5%-10% slope to a maximum slope not to exceed 10% and shall have a planned erosion control system approved by the Director.

5. Planned terrace systems, when utilized as part of a planned erosion control system, shall be constructed according to U.S. Department of Agriculture Natural Resources Conservation Service specifications.

6. Slopes on all affected lands shall be measured from the drainage divide to the base of the slope or to the intermittent water course as the lowest point. Abrupt slope changes between these points are not acceptable except for unusual conditions such as ditches, terraces, and roads.

7. The length of slope and contour of the restored surface shall be conducive to those farming operations normally associated with row-crop production. Farming operations as used here shall include such measures or practices necessary to provide adequate drainage and erosion control for sustained row-crop production.

8. The materials under the darkened surface soil suitable as a root medium shall contain no more than 20% coarse material greater than 2mm in size by volume. No more than half of the coarse material may be between 3 inches and 10 inches in the greatest dimension. No fragments shall be greater in size than 10 inches in the greatest dimension. In no case may clay material of less than 2 microns be greater than 40% by weight.

9. These texture requirements do not apply if the soil conditions of the affected land prior to mining did not meet the standards included herein (i.e., if more than 20% coarse material by volume existed in the root medium below the darkened surface soil prior to mining, the same percentage of coarse material in the root medium will be allowed after mining; if more than 1/2 of the coarse material consisted of rocks in the 3-10 inch size category prior to mining, that same percentage will be permitted after mining and if more than 40% by weight of clay materials less than 2 microns in size existed in the root medium below the darkened surface soil prior to mining, a like percentage by weight will be allowed after mining in the material under the darkened surface soil).

10. In addition to meeting texture requirements, the materials under the darkened surface soil must be chemically suitable as an agricultural root medium. Materials suitable as an agricultural root medium shall be of a vertical thickness adequate, including the darkened surface soil, to ensure a total depth of 4 feet. Pyritic material capable of producing toxic acidic conditions shall not be incorporated within the surface 4 foot layer of finally graded lands.

11. The Director may alter the slope and texture requirements under this subsection only upon a clear and convincing showing that to vary such requirements would better effectuate the purposes of the Act than would enforcing the standards therein.

12. Location of texture compliance samples will be determined by random methods similar to those described in Section 300.120(b)(2)(B)(i) of this Part and texture analysis shall be determined by methods as subscribed by the Department.

13. The final cut and submerged roadways may remain if the Department determines that such final cut or roadway would form a water impoundment capable of supporting desirable uses such as water for livestock or wildlife; and if to be used for fish life, shall have minimum depths in accordance with standards for fish stocking as recommended by the Department. All impoundments and structures must be included in the reclamation plan for approval or disapproval by the Department. The boxcut spoil shall be graded in accordance with Section 6 of the Act, and with this Part.

e) Water Impoundments

All runoff water shall be impounded, drained, or treated so as to reduce soil erosion, damage to unmined lands and the pollution of streams and other waters. The operator shall construct, in accordance with Section 300.150 of this Part, earth dams, where lakes may be formed, in accordance with sound engineering practices if necessary to impound waters, provided the formation of the lakes or ponds will not interfere with underground or other mining operations; other subsequent uses of the area approved by the Department; or damage adjoining property. Such water impoundments shall be approved by the Department based on the expected ability of the lakes or ponds to support desirable aquatic life and shall have minimum depths in accordance with standards for fish stocking in the various areas of the State recommended by the Department.

f) Covering Toxic Materials

Acid forming materials present in the exposed face of the mined mineral seam or seams shall be covered with not less than 4 feet of water or other materials, which shall be placed with slopes having no more than 30% grade, capable of supporting plant and animal life. Final cuts or other depressed affected areas, no longer in use in mining operations, which accumulate toxic waters will not meet reclamation requirements.

g) Vegetative Cover Essential

Unless the approved reclamation plan is inconsistent with vegetative cover, the soil shall be prepared and planted with trees, shrubs, grasses and legumes to provide suitable vegetative cover, in accordance with standards adopted by the Department and as set forth in Section 300.120 of this Part.

h) Minimum Distance of Excavation to Public Right-of-Ways and Adjacent Property Owners

Surface mining operators that remove and do not replace the lateral support within a 3 month period shall not, unless mutually agreed upon, by the operator and the adjacent property owner, approach property lines, established right-of-way lines of any public roads, streets or highways closer than a distance equal to 10 feet plus 1 1/2 times the depth of the excavation except where consolidated materials or materials of sufficient hardness or ability to resist weathering and to inhibit erosion or sloughing exists in the highwall, the distance from the property line or any established right-of-way line shall not, unless mutually agreed, be closer than a distance equal to 10 feet plus 1 1/2 times the depth from the natural ground surface to the top of the consolidated material or materials. When the operator desires to remove the lateral support and replace it within a 3 month period, the operator shall submit to the Department a written request for that purpose, outlining how the lateral support shall be replaced within 3 months. The request shall be approved or denied by the Department within 30 days.

i) Planting Stock Unavailable

If the operator is unable to acquire sufficient planting stock of desired tree species from State nurseries or acquire those tree species elsewhere at comparable prices, the Department shall grant the operator an extension of time until planting stock is available to plant such land as originally planned, or shall permit the operator to select an alternate method of reclamation in keeping with the provisions of the Act and with this Part.

j) Removal of Abandoned Haulage Roads and Mine Drainage Ditches

All abandoned haulage roads and all mine drainage ditches shall be removed and graded, except where the Director determines that a road or ditch is consistent with and necessary to the conservation and reclamation plan.

k) Land Fill Requirements

The reclamation requirements under Section 6 of the Act and this Part do not apply to affected land use for a land fill if the land fill is approved by the Environmental Protection Agency. The Environmental Protection Agency may regulate the amount of land to be used for that purpose and may establish a time schedule for the orderly and timely completion of the land fill. Any affected land designated for a land fill and not used for that purpose within 5 years is subject to the reclamation provisions of Section 6 of the Act and this Part.

History

• Source: Amended at 26 Ill. Reg. 4372, effective March 11, 2002

62 Ill. Adm. Code 300.120 Criteria for Types of Land Reclamation

a) Reforestation

1. Minimum Stocking Standard

Five hundred (500) living trees per acre will be the minimum standard for acceptable stocking after one (1) growing season. In this text the term "trees" will include acceptable shrubs. Survival counts may be made after the second growing season if requested by the operator. In such a case, four hundred fifty (450) living trees per acre will be the minimum standard for acceptable stocking after the second growing season.

2. Sampling Procedure to Determine Stocking

Determine the average spacing between planted rows and between trees within rows. From this calculate the number of planting spots per acre (and for the area to be examined) as shown below:

43,560

=

planting spots/acre

Spacing between rows (feet) X Spacing between trees in row (feet)

A) Determine the number of planting spots that must be examined to constitute a ten percent (10%) sample.

B) Plot four (4) randomly selected lines across the area, perpendicular to the planted tree rows. All planted species will be taken into consideration. Based on the number of rows across a given area, determine the number of rows that must be examined for the ten percent (10%) sample, assuming that ten (10) or twenty (20) planting spots will be examined along each row.

C) Locate a series of transects perpendicular to, and balanced along the random lines as shown in Illustration A. The transect's width will extend on either side of a planted row halfway to the adjacent rows. Each planting spot on the transect will be examined and if a living tree, either planted or an acceptable volunteer, occurs then that spot will be tallied as "living" on a tally meter. If no such living trees occur, tally the spot as "dead" on another tally meter. A planting spot will be considered as a rectangle defined by the transect boundaries and extending along a row from a given planted tree halfway to adjacent planted trees. After transect tallies have been completed calculate the Percent Survival as follows:

Number of Planting Spots With Live Trees of Acceptable Species

of Acceptable Species

=

Percent Survival

Number of Planting Spots With Live Trees of Acceptable Species PLUS Number of Planting Spots With Dead Trees or No Trees or Unacceptable Species

D) Volunteer species that are acceptable or unacceptable will vary for different parts of the State, with compatibility of species, and with soil and site conditions. Acceptability will be based on decisions made by the reclamation technician engaged in an examination of a given site.

E) The number of acceptable live trees per acre can be calculated by multiplying the percent survival times the number of planting spots per acre.

F) Both temporary and permanent water and roads will be omitted from the sampling area.

G) Openings, or failed spots, larger than one-quarter (1/4) acre will be identified on the plan map by the examiner and will not be approved until replanted and the minimum stocking standard attained.

b) Pasture or Crop

1. Rates of seeding per acre and cultural methods shall be governed primarily by those suggested in Bulletin 628, "Reclaiming Illinois Strip Coal Land With Legumes and Grasses," University of Illinois Agricultural Experiment Station, or by other research or successful experience with pasture or meadow seedings on Illinois or similar mined lands.

2. Top quality seed shall be used and it is suggested that seed be used bearing the official state tag giving the purity and germination. Legume seed shall be properly inoculated. Seeding methods, fertilization, weed, insect and disease control shall be in accordance with established methods.

A) Minimum Establishment Standards

A sixty-five percent (65%) stand of seeded legumes and/or perennial grass shall be required in August through October of the seeding year or an eighty-five percent (85%) stand shall similarly be required the year following seeding. If an eighty-five percent (85%) stand is not achieved the year following seeding, the area shall be reworked and reseeded. If approved by the Director in advance, planting to grain or other crops on suitable land shall meet the requirements.

B) Stand Sampling Procedure

Percent (%) stand shall be determined as follows:

i) Twenty (20) points shall be selected in the seeded area. The approximate points shall be determined on an aerial photograph by placing a grid over the area on the photograph so that one hundred (100) or more intersections fall in the seeded area. Twenty (20) of the intersections shall be selected using appropriate tables of random numbers. These points in the field shall be located within one hundred (100) feet from the photograph. The exact point shall be decided by throwing some object without looking. Bare areas will not be avoided.

ii) A twenty (20) foot engineer's measuring tape shall be extended directly south of a selected point.

iii) Whether or not seeded grasses and legumes occur in each two-tenths (.2) foot[_]2@ any part of a plant occurs in a segment that segment shall be considered to have vegetative cover.

iv) Percent vegetative cover shall be the number of two-tenths (.2) foot[_]2@

c) Recreational Developments

1. Each area, regardless of the primary land use to be emphasized, should be individually appraised taking into account all factors to ensure potential recreational development and use. It is understood that in those cases where primary use is to be recreation, developments will include only requirements necessary to establish the completed base for a fully operational recreation area. However, all proposals for recreational development shall clearly delineate the potential for a functional operation and plan of maintenance.

2. Areas may be highly variable in size depending on the type and combination of different activities considered possible, as well as the projected population of users.

A) Grading of Displaced Overburden

i) One (1) acre out of ten (10) is to be graded so as to be reasonably level and adequately drained. Such graded areas should be distributed in keeping with planned use.

ii) All areas for recreation shall reflect minimal grading requirements (maximum of thirty percent (30%) slope) as specified in Section 6A of the Act.

B) Access

i) Maintainable roads shall be established to provide access to lakes and parking sites associated with areas planned for possible future development under the basic recreational plan.

ii) Actual location of such roads are to make accessible all portions of the area within a distance not to exceed one-half (1/2) mile and planned so as to connect such roads with all graded acreages. (Refer to subparagraph (c)(2)(A)(i) of this subsection (c).)

C) Revegetation

i) A minimum of thirty percent (30%) of the total land area shall be planted to trees or shrubs which will maximize wildlife populations and/or contribute to the scenery of the area. These must meet the stand requirements established for reforestation.

ii) All other land not planted to trees and shrubs shall be seeded to grasses and/or legumes of greatest value to wildlife and which reflect those species considered adaptable to the region as well as which might be most appropriate for the planned recreational use. Stand requirements must be equivalent to those established for pasture.

D) Miscellaneous

i) A recreational plan should emphasize use of the existing water. For areas where recreation is to be the primary use, unless endowed with other exceptional attributes, these should contain not less than five percent (5%) of its total area with acceptable water (at least eight (8) feet deep and three (3) acres in size; seven to ten percent (7%-10%) is preferable). These waters must be stocked with fish in accordance with recommendations by the Division of Fisheries, Illinois Department of Natural Resources.

ii) Bodies of water, irrespective of size and depth, are desirable for various wildlife and hence should be provided, wherever feasible, with plans for development and management.

iii) All aspects of game propagation and management shall be in accordance with recommendations by the Division of Wildlife Resources, Illinois Department of Natural Resources.

iv) Exceptions to regulations should allow for interesting and challenging deviations from the more traditional plans for recreation development so as to permit development of certain scenic or landscaping opportunities, planned sites of isolation, or interesting and unusual hiking and riding trails. Further, exceptions are in order so as to encourage best integration of recreational developments as a part of the total land use concept such as when an area rejects agricultural or forestry as the dominant use. Such exceptions, however, shall not violate the requirements established by the Act with reference to grading and revegetation.

v) Recreational development for water filled quarries, sand excavation, etc., shall include adjacent lands sufficient to permit sites for parking and access. Landscaping shall be so planned as to provide publicly acceptable environments. Where deemed feasible by the divisions of Fisheries and Wildlife Resources, Illinois Department of Natural Resources, fish stocking and game propagation and management shall be included in the plan for development and maintenance.

62 Ill. Adm. Code 300.130 Reclamation of Gob Disposal Areas and Outside Slopes of All Overburden Deposition Areas

a) Temporary Gob Refuse Areas

Gob disposal areas that will be covered with four (4) feet of earth material capable of supporting vegetation within a four (4) month period are exempt from surety bond. The operator shall request permission for the commencement of such a program and keep the Department advised of locations and progress should permission be granted. Establishment of a refuse area without approval shall be considered a violation.

b) Erosion Control and Vegetation

The slopes of new or laterally extended gob piles and outside slopes of all deposition areas shall be treated with appropriate vegetation and water disposal practices to prevent erosion of the slopes, exposing toxic materials and the deposition of sediment below.

c) Covering

Gob piles not capable of supporting vegetation shall be covered a minimum depth of four (4) feet with soil material capable of being vegetated and an acceptable cover shall be established.

d) Slopes

The outside slope of all overburden deposition areas and gob piles shall not be steeper than thirty percent (30%).

e) Vegetative Treatment for Gob Disposal Areas

1. Reforestation – Five hundred (500) trees will be the minimum standard for acceptable stocking and shall be determined by the method described in Section 300.120(a). A nurse crop of oats, rye, rye grass or similar species is suggested to minimize erosion.

2. Pasture – An eighty-five percent (85%) stand of seeded legumes and/or perennial grass shall be required in August through October of the seeding year. Areas not meeting the standard shall be reworked and reseeded.

3. Mulching – is suggested at a rate of two (2) tons of hay or straw per acre. Mulch should be anchored with asphalt or mulch net.

f) Vegetative Treatment

Vegetative treatment for outside slopes of overburden deposition areas shall meet the standards as established in either Section 300.120(a) or Section 300.120(b).

g) Engineering Procedure For Erosion Control and Water Disposal

Appropriate water disposal practices, such as diversions and terraces, unless excepted by the Director, shall be applied. These structures will be vegetated as described in subsection (e) above.

1. Terraces – Slopes having a vertical height greater than forty (40) feet shall have a terrace constructed at the mid-point of the slope. On slopes having a height greater than eighty (80) feet, two (2) such terraces will be installed at equal intervals. Other methods of interrupting the outside slope of unconsolidated deposition areas, having a height exceeding forty (40) feet, may be approved by the Director where such measures will effectively control erosion of the slope and sediment deposition on surrounding areas.

A) Size – Terraces shall have a minimum top width of twelve (12) feet and a minimum depth of one and five-tenths (1.5) feet. The channel may be parabolic, V-shaped, or trapezoidal. The ridge shall have a minimum top width of three (3) feet at the design depth and shall have side slopes not steeper than three-to-one (3:1). They shall be large enough to carry the design flow of the outlet at a safe velocity (see Illustration B).

B) Slope – Terraces and channels will have a minimum average slope of two-tenths (.2) feet per one hundred (100) feet to provide drainage to the outlets.

C) Outlets – Closed conduit or other acceptable structural outlets shall be provided at the lowest point in the terrace profile to collect and conduct the water stored in the terrace to a stable outlet. The capacity of the outlets shall be such that the available storage in the terrace and the outlet release shall be sufficient to control the twenty-four (24) hour, ten (10) year frequency runoff without overflow from the terraces. The outlet must be capable of releasing the stored water in a twenty-four (24) hour period. These requirements may be met by providing the storage and outlet capacities shown in Table A.

TABLE A

Water Storage – Outlet Capacity

Storage Provided

(Watershed Inches)

Minimum Outlet Capacity

(cfs per acre of watershed)

Greater than 2.0

0.1

1.0 to 2.0

0.2

0.5 to 1.0

0.4

0.3 to 0.5

1.0

Less than 0.3

2.0

AGENCY NOTE: One (1) acre-inch released in twenty-four (24) hours equals forty-two thousandths (0.042) cfs.

2. Water Disposal Above Slopes –

A) The top of the spoil areas shall be away from the outer slope.

B) The top of gob piles shall be shaped to provide storage for excess rainfall and conduits shall be installed to conduct the collected water to adequate outlets. The entire area shall be uniformly graded to carry all water to satisfactory outlets. The storage area and outlets shall be sufficient to control the twenty-four (24) hour, ten (10) year frequency runoff without flowing over the outer slope. These requirements may be met by providing the outlet and storage capacities, as described under subparagraph (g)(1)(C) above, "Terrace Outlets."

3. Diversions – Diversions shall be constructed at the base of all outside deposition areas having a height greater than forty (40) feet to divert the water from the slopes to areas where it can safely be disposed of.

A) Capacity – Diversions must have the capacity to carry the peak runoff from a twenty-four (24) hour, ten (10) year frequency storm with a free board of not less than five-tenths (0.5) feet.

B) Cross Section – The channel may be parabolic, V-shaped, or trapezoidal. The diversion shall be designed to have stable side slopes not steeper than three-to-one (3:1). The ridge shall have a minimum top width of three (3) feet at the design depths. The cross sectional area and the slope shall be such that the design discharge can be safely carried at a non-erosive velocity.

C) Outlets – Each diversion must have an adequate outlet. The outlet may be grassed waterway, vegetated area, grade stabilization structure, or stable water course.

4. Closed Conduits or Other Acceptable Structural Outlets For Terrace and Storage Area Outlets

Closed conduit or other acceptable structural outlets shall be designed for a minimum fifty (50) year life. Materials meeting appropriate ASTM's and Commercial Standards shall be selected for this purpose. Materials selected shall be consistent with the corrosive nature of the materials in which they are placed. They shall be strong enough to withstand the loads due to fill and settlement.

A) Size – The minimum size of closed conduits will be four (4) inches.

B) Intakes –

i) Where the amount of water stored is less than five-tenths (0.5) watershed inches, an intake or riser extending above the ground shall be included to direct the flow into the underground outlet.

ii) The intake shall be of sturdy construction and securely connected to the outlet conduit. The minimum height of the inlet shall be eighteen (18) inches. Openings shall be placed in the inlet from the ground level to the top to permit flow to enter and restrict the entrance of trash. Openings shall be slots one (1) inch wide and four (4) inches high, or shall be the equivalent. Openings shall be sufficiently numerous to pass the required flow even when some are obstructed. Where less than five-tenths (0.5) watershed inches of storage are provided, the outlets shall be sized as full-flow structures having appropriate inlets at the entrance. If a large number of storage areas will be emptied with a common underground outlet, overtopping of lower storage areas may occur if the same conduit size is used throughout. This should be prevented by providing appropriate conduit sizes, grades, or restricting devices at inlets, to prevent pressure flow in the outlets.

C) Outlet Protection – Where the flow from the outlets will cause erosion at the discharge point, riprap or other suitable protection will be provided.

D) Installation – The pipe conduit or other acceptable structural outlet shall be placed on a firm foundation to the lines and grades shown on the plans. The width of the pipe trench shall be a minimum of two and five-tenths (2.5) diameter of the pipe. The bottom of the trench shall be shaped to receive one-sixth (1/6) of the periphery of the pipe. The trench shall be sloped on a minimum of one-to-one (1:1). Selected backfill material shall be placed around the pipe in six (6) inch (maximum) layers and each layer shall be thoroughly compacted by hand-held compactors. Compaction equipment, such as a sheepsfoot roller, shall not be used within two (2) feet of the pipe. The area over the pipe shall be crowned a minimum of three (3) inches to provide for settlement.

62 Ill. Adm. Code 300.140 Reclamation of Slurry Pond Disposal Areas

Screening Vegetation Engineering Practices

Slurry must be confined in depressed mined areas or areas bounded by levees or dams constructed from material capable of supporting acceptable vegetation and built in accordance with sound engineering practices. Such areas shall be screened with border plantings of tree species which by their seeding habits will encourage propagation of vegetation to these areas, and levees or dams built to confine slurry shall be established to adapted species of grasses. The stand requirements shall meet the standards established in Section 300.120(b). Levees and dam construction methods are described in Section 300.150.

62 Ill. Adm. Code 300.150 Water Impoundment Structures

a) Dams

1. This Section establishes the minimum acceptable standards for the design and construction of water impoundment structures under the Surface Mined Land Conservation and Reclamation Act when failure of the structures would not result in loss of life; in damage to homes, commercial or industrial buildings, main highways, or railroads; or in interruption to the use or service of public utilities.

2. The standards established here are applicable to structures where the vertical distance between the lowest point along the centerline of the dam and the top of the dam does not exceed thirty (30) feet. For structures in excess of this height a registered engineer in the State of Illinois shall prepare the necessary plans and specifications as required by the Department.

b) Site Conditions

The maximum practical use of good sites shall be encouraged including the multiple use of the stored water, and possible future needs for additional water during the effective life of the structure.

1. Depth of Water – The minimum depth for impoundment water shall be in accordance with standards established by the Department of Natural Resources for fish stocking, except when such impoundments are to be used in connection with water treatment or industrial use only.

2. Foundation –

A) The soil on which an embankment is to be placed shall consist of material that has sufficient bearing strength to support the embankment without excessive consolidation. The foundation shall consist of relatively impervious material which will prevent excessive passage of water.

B) The foundation area shall be cleared of all trees, stumps, roots, brush, boulders, sod, and debris. All channel banks and sharp breaks shall be sloped to no steeper a ratio than one-to-one (1:1). All topsoil containing excessive amounts of organic matter shall be removed. The surface of the foundation area shall be thoroughly scarified, moisture adjusted to facilitate compaction and completed in accordance with the requirements for the embankment, before placement of the embankment material. Cutoff trenches shall be used except in cases which are exempt by the Department. When used, a cutoff trench shall be excavated to a more impervious material underlying the base of the embankment and shall be backfilled with suitable material as specified for earth embankment, subparagraphs (d)(5) below.

c) Design Criteria

Site conditions shall be such that the design storm runoff, as indicated under this subsection, can be safely passed through spillways provided.

1. Principal Spillway – The following are the minimum requirements for the principal spillway:

A) Drainage area ten (10) acres or less – A minimum of a four (4) inch diameter smooth or six (6) inch diameter corrugated metal pipe shall be provided. A well vegetated earth spillway may be approved by the Department as a principal spillway provided it is properly designed to convey the peak flow to a stable grade to a minimum point ten (10) feet past the toe of the embankment.

B) Drainage area ten to thirty (10-30) acres – A pipe conduit spillway is required. The minimum pipe size shall be six (6) inch smooth or eight (8) inch corrugated metal pipe.

C) Drainage area thirty to two hundred fifty (30-250) acres and all areas having a potential of creating a hazard to life or property -- A registered engineer in the State of Illinois shall prepare the necessary plans and specifications as required by the Department.

2. Pipe Conduits and Outlets

A) The outlet pipe shall discharge the peak flow to a stable grade to a minimum point ten (10) feet past the toe of the embankment. The following pipes are acceptable: cast iron, wrought iron, steel, asphalt coated corrugated metal, and concrete. All pipe joints shall be made watertight by the use of watertight couplings or gaskets, or by welding or caulking. Concrete pipe shall meet the requirements of ASTM specification C-76 or equivalent and shall be laid in a concrete bedding or cradle. Corrugated pipe shall be at least sixteen (16) gauge and smooth steel shall be at least three-sixteenths (3/16) inch in thickness. All pipe shall be capable of withstanding the external loading.

B) The pipe conduit barrel shall be placed on a firm foundation to the lines and grades shown on the plans. Selected backfill material shall be placed around the conduit in six (6) inch layers and each layer shall be thoroughly compacted by means of hand-held tampers.

C) The flowline of the outlet and of the pipe shall be at least two (2) feet, but not more than four (4) feet, above the flowline of the outlet channel. The outlet shall be placed on an earthen berm or timber or concrete support. If the pipe diameter exceeds twelve (12) inches and the grade downstream is unstable, a timber or a concrete prop shall be provided. All pipes thirty (30) inches or larger and all pipes discharging continuous or prolonged flows shall be propped. Protection shall be provided to prevent the development of a scour hole which will undermine the pipe or its support. Stability checks, when required, shall be based on maximum pipe discharge. Although "propped" outlets are in most common usage, "standard," "flared," or "Saint Anthony Falls (SAF)" outlets are also acceptable when the grade below is stable.

3. Anti-Seep Collars

Concrete or metal anti-seep collars shall be installed around the pipe conduit within the normal saturation zone. The anti-seep collars and their connections to the pipe shall be watertight. Sufficient collars shall be provided to increase the length of seepage along the pipe by twenty percent (20%). The length of seepage along a collar shall be taken as two (2) times the minimum projection of the collar measured perpendicular to the pipe. The upstream collar shall be placed ten to fifteen (10-15) feet from the inlet of the conduit. Additional collars shall be spaced at not greater than twenty-five (25) feet intervals.

4. Trash Guards

Where necessary to prevent clogging of the conduit, an approved type of trash guard shall be installed at the inlet or riser.

d) Earth Embankment

1. Top Width – The minimum top width of the embankment shall be eight (8) feet for embankments less than ten (10) feet in height and twelve (12) feet for embankments between ten to twenty (10-20) feet in height. For embankments exceeding twenty (20) feet in height, a registered engineer shall prepare the plans and specifications as required by the Department.

2. Side Slopes – The upstream slope shall be no steeper than two and five-tenths (2.5) horizontal to one (1.0) vertical, and the downstream slope shall be no steeper than two (2.0) horizontal to one (1.0) vertical. The combined upstream and downstream side slopes of the settled embankment shall not be less than five (5) horizontal to one (1) vertical.

3. Freeboard – The minimum elevation of the top of the settled embankment shall be three (3.0) feet above the water surface in the reservoir with the principal spillway flowing at design depth.

4. Allowance for Settlement – Allowance for settlement shall be made throughout the design. The height of the embankment shall be increased by the amount needed to insure that the design top elevation shall be maintained after all settlement has taken place. This increase shall be not less than ten percent (10%). Ordinarily, any point on the constructed slopes should not vary from the planned slope by more than one (1) foot horizontally or six (6) inches vertically.

5. Placement of Fill –

A) The material placed in the embankment shall be free of sod, roots, frozen soil, and other objectionable material. All acid producing material must be excluded from the embankment.

B) The placing and spreading of the embankment material shall be started at the lowest point of the foundation and brought up in approximately nine (9) inch horizontal layers. Each layer shall be thoroughly compacted as required by the Department by controlled movement of equipment. The moisture content of embankment material shall be such that compaction can be obtained with the equipment used.

C) The distribution and gradation of materials throughout the embankment shall be such that there will be no lenses, pockets, streaks, or layers of material differing substantially in texture or gradation from the surrounding material. The most impervious material shall be used in the center portion of the fill.

D) A protective cover shall be established on all exposed surfaces of the embankment, spillway, and borrow areas. It is recommended that top soil be placed on the back slope and the front slope above the water line and on the top of the fill to facilitate the establishment of vegetation. The earth fill and spillway areas will be fenced to exclude livestock unless excepted by the Director of the Department.

6. Foundation Cutoff (Core-Trench) –

A) A cutoff of relatively impervious material shall be provided under the embankment except when an impervious base such as a haulage road forms the foundation. In this case the foundation shall be adequately scarified and recompacted. The cutoff, when used, shall extend along the centerline of the embankment and its abutments as required and be deep enough to extend into a relatively impervious layer. The layer of impervious material shall be thick enough to provide stability.

B) The cutoff shall have a bottom width and side slopes adequate to accommodate the equipment used for excavation, backfill, and compaction operations. The side slopes shall not be steeper than one (1) horizontal to one (1) vertical. The cutoff shall be backfilled with suitable material. Compaction, as required by the Department, shall be obtained by controlled movement of equipment. The trench, if feasible, shall be kept free of standing water during backfill operations.

7. Embankment Drains – Where toe drains are used, they should be placed one-half (1/2) the distance from downstream toe of fill and the centerline of fill. Drains are strongly recommended when the embankment or its foundation consists of highly permeable soils and/or embankments greater than twenty (20) feet high.

e) Levees

1. Levees are constructed to confine slurry within a designated area.

A) Conditions Where Practice Applies: Areas bounded by levees shall be such that practical and economical construction, accessibility and maintenance can be obtained. Mineral soils which are stable in levee embankments shall be used for construction. The use of organic soils is not permissible.

B) Design Criteria: The design and installation shall be based on engineering surveys and investigations.

2. Height –

A) The design height of the earth levee shall be equal to the sum of the requirements for deposit of slurry, allowance for wave height, freeboard, and settlement. Estimates of wave heights shall be based on local experience, or on hydraulic studies. A pipe outlet of a size acceptable to the Department shall be installed with a minimum difference in elevation of three (3) feet between the lowest point on the rim of the levee and the invert of the outlet pipe. In no case shall the final elevation of slurry or water level on the slurry pond be closer to the lowest point on the rim than three (3) feet.

B) The allowance for settlement shall be based on consideration of the properties of the soil material and the anticipated compaction but shall be not less than ten percent (10%) of the design height.

3. Cross Section –

A) A maintenance road shall be constructed and maintained on top of all levees. The minimum requirements for the cross section of the levees shall be as follows:

Design

Minimum

Steepest

Slurry Height

Top Width

Side Slope

Feet

Feet

Feet

0-10

12

2:1

10-25

12

2½:1

Over 25

B) (A registered engineer in the State of Illinois shall prepare plans and specifications as required by the Department.) Side slopes of three-to-one (3:1) on water side and two-to-one (2:1) on land side may be used instead of two-and-one-half-to-one (2 1/2:1) for each side. The combined water side and land side, side slopes of the levee shall not be less than five (5) horizontal to one (1) vertical.

4. Ditches and Borrow Pits –

A) Minimum berm widths between the toe of the levee and the edge of an excavated channel or borrow, shall be:

Fill Height

Minimum Berm Width

Under 6 feet

10 feet

Over 6 feet

15 feet

B) A land-side ditch or borrow pit shall be far enough away from the levee so that a line drawn between

i) the point of intersection of the design water line with the water side of the levee, and

ii) land-side toe of the levee at the ground line

shall not intersect its cross section.

5. Pipe Conduits and Outlets --

A) The outlet pipe shall discharge the peak flow to a stable grade to a minimum point ten (10) feet past the toe of the embankment. The following pipes are acceptable: cast iron, wrought iron, steel, asphalt coated corrugated metal, and concrete. All pipe joints shall be made watertight by the use of watertight couplings or gaskets, or by welding or caulking. Concrete pipe shall meet the requirements of ASTM Specification C-76 and shall be laid in a concrete bedding or cradle. Corrugated pipe shall be at least sixteen (16) gauge and smooth steel shall be at least three-sixteenths (3/16) inch in thickness. All pipe shall be capable of withstanding the external loading.

B) The pipe conduit barrel shall be placed on a firm foundation to the lines and grades shown on the plans. Selected backfill material shall be placed around the conduit in six (6) inch layers and each layer shall be thoroughly compacted. The flowline of the outlet end of the pipe shall be two (2) feet, but not more than four (4) feet, above the flowline of the outlet channel. The outlet shall be placed on an earthen berm or timber or concrete support. If the pipe diameter exceeds twelve (12) inches and the grade downstream is unstable, a timber or a concrete prop shall be provided. All pipes thirty (30) inches or larger and all pipes discharging continuous or prolonged flows shall be propped. Protection shall be provided to prevent the development of a scour hole which will undermine the pipe or its support. Stability checks, when required, shall be based on maximum pipe discharge. Although "propped" outlets are in most common usage, "standard," "flared," or "Saint Anthony Falls (SAF)" outlets are also acceptable when the grade below is stable.

C) All conduits through the levee below the design highwater line shall be equipped with anti-seep collars designed to increase the distance of the seepage line along the conduit by at least twenty percent (20%).

6. Core Trench – A foundation cutoff or core trench shall be installed where there are layers of permeable soils or layers creating a piping hazard through the foundation at a depth less than three-fourths (3/4) the height of the levee below natural ground level. The cutoff trench shall be of sufficient depth and width and backfilled with select soil to minimize such hazard.

7. Vegetative Cover and Riprap Construction: the soil on which a levee is to be placed shall consist of material that has sufficient bearing strength to support the levee without excessive consolidation. The foundation must consist of relatively impervious material which will prevent excess passage of water.

A) The foundation area shall be cleared of all trees, stumps, roots, brush, boulders, sod, and debris. All channel banks and sharp breaks shall be sloped to no steeper a ratio than one-to-one (1:1). All topsoil containing excessive amount of organic matter shall be removed. The surface of the foundation area shall be thoroughly scarified before placement of the levee embankment material.

B) Cutoff trenches shall be used except in cases which are exempt by the Department. When used, a cutoff trench shall be excavated to a more impervious material underlying the base of the levee embankment and shall be backfilled with suitable material in the manner specified below. The trench shall be kept free of standing water during backfill operations.

C) The material placed in the levee fill shall be free of sod, roots, frozen soil, and other objectionable material. All acid producing material must be excluded from the fill. The placing and spreading of the fill material shall be started at the lowest point of the foundation, and brought up in approximately nine (9) inch horizontal layers. Each layer shall be thoroughly compacted as required by the Department by controlled movement of equipment. If the fill material is of varying texture and gradation, the most impervious material shall be placed toward the water side of the levee.

D) A banquette shall be placed to reinforce the land-side toe where a levee crosses an old channel or where excessively porous fill or poor foundation conditions justify such reinforcement. Such banquettes shall be used if during construction the channel crossing is under water or saturated.

E) The design shall include a top width of the banquette equal to or greater than the fill height of the levee above the top of the banquette. The banquette top shall be finished to an elevation not less than a foot above normal ground level and it shall be sloped towards the land side for drainage. The land side slope of the banquette shall be not steeper than the land side slope of the levee.

F) An alternate design of the banquette may be used where design is based on detailed site investigation, laboratory analysis and adequate compaction will be obtained.

62 Ill. Adm. Code 300.160 Affected Acreage Map

a) When to File

On or before April 1 of each year, every permit holder shall submit to the Department and to the county clerk, MLCR Form 3, "Detail Map of Affected Land." This map shall be of the land from which the overburden has been removed, together with the unmined land upon which the overburden is deposited. An extension to this filing date may be granted when, in the opinion of the Department, the extension is for good cause (e.g., extended periods of illness, extreme inclement weather, acts of civil unrest, or other emergency situations) and not due to lack of diligence on the part of the operator.

b) Execution

The forms shall be duly executed and duplicate maps shall be attached showing the land affected during the fiscal year just ended. The Department may require the map to be executed by an engineer registered in the State of Illinois.

c) Form

The map shall be planned as a continuous map, as far as possible, so that the land affected each year may be added and indicated on the map by the dates it was affected. All maps are to be blue or black line prints or scaled aerial photographs.

d) Scale

The scale of the map shall be reasonable to the area of land affected so as to show necessary detail and so that the area affected may be included within a map, width not to exceed 42 inches.

Suggested Scales:

Up to 10 acres

–

1"

=

100'

Up to 40 acres

–

1"

=

200'

40 acres & above

–

1"

=

400'

e) Detail

All maps shall show section, township, range and county lines coming within the scope of the map access to the area from the nearest public road and all weather roads within the mined area; a title containing name of operator, address, scale of map, by whom map was drawn, name of surveyor or engineer.

f) Amendment to Permit Required

If the area of affected land is in excess of the estimated acreage in the original permit and any amendments thereto, an application for an amendment to the permit necessary to include such additional acreage shall be made consistent with the Act and this Part, including, but not limited to, Section 300.90 of this Part.

History

• Source: Amended at 26 Ill. Reg. 4372, effective March 11, 2002

62 Ill. Adm. Code 300.170 Violations and Forfeiture

a) Notice of Violation

The Department shall give written notice by registered or certified mail to the operator of any violation of the Act or noncompliance with any of this Part. The operator shall have forty-five (45) days to correct the deficiency or deficiencies set forth in the notice.

b) Forfeiture Proceedings

If corrective measures, approved by the Department, are not commenced within forty-five (45) days, the Department may initiate forfeiture proceedings against the operator in the amount of the bond or security in effect at the time of default for every acre or portion thereof with respect to which the operator has defaulted. Prior to initiating forfeiture proceedings against the operator, the Department shall notify the operator in writing of the alleged violation or noncompliance and shall afford the operator the right to appear before the Department at a hearing to be held not less than thirty (30) days after the receipt of such notice by the operator. At the hearing the operator may present for the consideration of the Department statements, documents and other information with respect to the alleged violation. After the conclusion of the hearing, the Department shall either withdraw the notice of violation or shall request the Attorney General to institute proceedings to have the bond of the operator forfeited as to the land involved.

c) Penalty for Forfeiture

Any operator against whom forfeiture proceedings have been required shall not be issued a permit for further surface mining in Illinois except if he provides additional assurances satisfactory to the Director that such proceedings shall not again become necessary.

d) Penalties – Injunction

1. 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 fined not less than $50 nor more than $1,000. Each day of operation without the permit required by this Act shall be deemed a separate violation.

2. Authorized representatives of the Department shall by injunctive procedures close down at once any operator found to be surface mining without a permit or in violation of this Act. No liability whatsoever shall accrue to the Department or its authorized representative in closing down any operator pursuant to this Section.

62 Ill. Adm. Code 300.180 Bond Release Procedure

a) Full Release of Bond

As soon as all reclamation work prescribed in the conservation and reclamation plan approved by the Department is completed, the operator may notify the Department by completing and forwarding MLCR Form 6, "Notice of Completed Reclamation," and a map of the acreage to be released if different from the original affected acreage map, to the Department. Upon receipt of MLCR Form 6, "Notice of Completed Reclamation," the Department shall proceed as soon as practical to make its determination as to approval of the reclamation work and shall either forward the "Notice of Release," MLCR Form 7, to the operator, the bonding agency, the county clerk of each county containing lands affected, and each municipality listed in the permit application pursuant to Section 300.50(a)(16) or notify the operator in writing of all reasons for disapproval.

b) Partial Release of Bond

An operator may have the amount of the bond or security reduced to $100 per acre when the Department determines that grading and construction of soil conservation structures and covering with materials capable of supporting vegetation in accordance with the conservation and reclamation plan has been satisfactorily completed on a parcel of affected land. As soon as all the grading work prescribed in the conservation and reclamation plan approved by the Department is completed, the operator may notify the Department by completing and forwarding MLCR Form 6, "Notice of Completed Reclamation." The Department shall proceed as soon as practical to make its determination as to approval of the grading work and either forward the "Notice of Partial Release," MLCR Form 7, to the operator, the bonding agency, the county clerk of each county containing lands affected, and each municipality listed in the permit application pursuant to Section 300.50(a)(16) or notify the operator in writing of all reasons for disapproval. After partial release of the bond, the $100 bond per acre or security shall then remain in effect until the reclamation process is completed.

c) Review of Released Bond

A release of bond under either subsection (a) or (b) may be reviewed under the procedures outlined in Section 300.40(e) of this Part.

History

• Source: Amended at 26 Ill. Reg. 4372, effective March 11, 2002

62 Ill. Adm. Code 300.200 Scope of This Subpart

This Subpart shall cover the use of explosives in non-coal mineral extraction operations pursuant to Section 6.5 of the Surface-Mined Land Conservation and Reclamation Act and includes all explosive use required for the purpose of surface mining operations. This Subpart is intended to supplement and not supersede the requirements of any other federal or Illinois statute or regulation. Inasmuch as the provisions of this Subpart contradict such other statute or regulation, that statute or regulation shall control.

History

• Source: Amended at 48 Ill. Reg. 9650, effective June 24, 2024

62 Ill. Adm. Code 300.205 Purpose

The purpose of these regulations is to ensure that blasting operations are conducted to prevent injury to persons, damage to public and private property and the safety and welfare of the public.

History

• Source: Amended at 48 Ill. Reg. 9650, effective June 24, 2024

62 Ill. Adm. Code 300.210 Definitions Applicable to Subpart B

"Act" means the Surface-Mined Land Conservation and Reclamation Act [225 ILCS 715].

"Airblast" (also known as "air overpressure") means airborne waves resulting from the detonation of explosives. Airblast may be caused by burden movement or the release of expanding gas into the air. Airblast may or may not be audible.

"Attended at all Times" means that the Type 3 magazine and any explosives must always be within the line of sight of, and visible to, a member of the work or blasting crew authorized to enter the magazine.

"Authorized Person" means a person holding a current Illinois Surface Aggregate Blasting License, Illinois Surface Coal Certification, Individual Explosives License, or qualifying for an exemption pursuant to 62 Ill. Adm. Code 200.90(d)(5).

"Authorized Representative of the Department" means an employee of the Illinois Department of Natural Resources, Office of Mines and Minerals, Explosives and Aggregate Division, qualified to conduct on-site inspections of blasting operations in order to determine compliance with these regulations.

"Blast" means the detonation of explosives by an operator for a mineral extraction operation.

"Blast Site" means an area where explosive material is handled during loading.

"Blasting Agent" means any material or mixture that:

consists of a fuel and an oxidizer intended for blasting, not otherwise defined as an explosive, provided that the finished product, as mixed and packaged for use or shipment cannot be detonated by means of a No. 8 blasting cap, as defined by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, U.S. Department of Treasury 18 U.S.C. Ch. 40, Sec. 841(e), when unconfined; and

is classified as a Division 1.5 material under 49 CFR 173.50.

"Blasting Operations" means the process of shot design, layout, drilling, loading, detonation, and recordkeeping.

"Blasting Zone" means any area within the operation that is designated in writing by the operator to the Department as being the area within which blasting operations will be conducted. The area of a blast within the influence of flying rock, missiles, debris, gases, and airblast.

"Burden" means the distance from an explosive charge to the nearest free or open face at the time of detonation of each hole.

"Cube Root Scaled Distance" means the distance, in feet, from the blast to a specific location, divided by the cube root of the maximum weight of explosives, in pounds, to be detonated within any eight millisecond period.

"Decibel" means the unit of sound overpressure commonly used to measure airblast from the detonation of explosives. It is also measured in pounds per square inch (p.s.i.), and is defined in terms of the overpressure by the equation:

dB = 20 log P/P[0]

where:

dB = sound level in decibels

P = measured overpressure in p.s.i. (lbs./in.(2))

P[o] = 2.9 x 10-9 p.s.i. (lbs./in.(2))

The decibel scale is logarithmic.

"Department" means the Illinois Department of Natural Resources.

"Detonator" means any device containing an initiating or primary explosive that is used for initiating detonation in another explosive material. A detonator may not contain more than 10 grams of total explosives by weight, excluding ignition or delay charges. The term includes, but is not limited to, electric blasting caps of instantaneous and delay types, electronic detonators, blasting caps for use with safety fuse, detonating cord delay connectors, and nonelectric instantaneous and delay blasting caps which use detonating cord, shock tube, or any other replacement for electric leg wires. Unless specifically classified otherwise, detonators are classified as a Division 1.1 material under 49 CFR 173.5.

"Director" means the Director of the Illinois Department of Natural Resources or such officer, bureau or commission as may lawfully succeed to the powers and duties of such Director. [225 ILCS 715/3]

"Electronic Detonator" means a detonator that utilizes stored electrical energy as a means of powering an electronic timing delay element/module and that provides initiation energy for firing the base charge.

"Explosives" means any chemical compound, mixture or device, the primary or common purpose of which is to function by explosion that can be classified as a Division 1.1, 1.2, or 1.3 material under 49 CFR 173.5 and detonators. The term includes high and low explosives and any explosive devices containing over one quarter ounce of explosive materials.

"Geomembrane" means manufactured membrane liners and barriers of low permeability used to control the migration of fluids or gases.

"Inert Waste" means any solid waste that will not decompose biologically, burn, serve as food for vectors, form a gas, cause an odor, or form a contaminated leachate, as determined in accordance with 35 Ill. Adm. Code 811.202(b). Such inert wastes shall include only non-biodegradable and non-putrescible solid wastes. Inert wastes may include, but are not limited to, bricks, masonry and concrete (cured for 60 days or more).

"Landfill" means a facility permitted by the Illinois Environmental Protection Agency for the disposal of waste on land meeting the requirements of the Resource Conservation and Recovery Act, P.L. 94-580, and regulations thereunder, and without creating nuisances or hazards to public health or safety, by confining the refuse to the smallest practical volume and covering it with a layer of earth at the conclusion of each day's operation, or by such other methods and intervals as the Illinois Pollution Control Board may provide by regulation.

"Licensed Blaster" means an individual licensed by the Department as provided in Section 300.237. The person authorized to oversee and approve blasting operations on a blasting site.

"Office of Mines and Minerals" means the subdivision of the Department of Natural Resources charged with regulating the use of explosives in non-coal mineral extraction operations pursuant to Section 6.5 of the Act.

"Operation" means the property limits of any non-coal mineral extraction operation.

"Operator" means any person, firm, partnership or corporation engaged in and controlling a surface mining operation, and includes political subdivisions and instrumentalities of the State of Illinois.

"Particle Velocity" is a measure of ground vibration which describes the velocity at which a particle of ground moves when excited by a seismic wave.

"Person" means any individual, partnership, corporation, or other legal business entity.

"Protected Structure" means any dwelling, public building, school, church or commercial or institutional building. Protected structures do not include:

Structures owned by the operator; and

Structures subject to a waiver from the Department's airblast and ground vibration requirements granted to the operator.

"Scaled Distance" means the distance, in feet, from the blast to a specified location, divided by the square root of the maximum weight of explosives, in pounds, to be detonated within any eight millisecond period.

"Stemming" is inert material, and used placed in a borehole on top of or between separate charges of explosive material for the purpose of confining explosive materials or to separate charges of explosive material in the same borehole.

History

• Source: Amended at 48 Ill. Reg. 9650, effective June 24, 2024

62 Ill. Adm. Code 300.215 General Requirements

a) Each person who conducts blasting operations shall comply with all applicable State and federal laws governing the use of explosives.

b) Each blast shall be designed, executed and detonated by a licensed blaster. The licensed blaster must be present during each phase of the loading and detonation process. The licensed blaster may appoint another individual who is deemed competent and meets all requirements to handle explosives in Illinois to detonate a blast. However, the licensed blaster must be physically present during the detonation process.

c) All blasting shall be conducted between sunrise and sunset except in emergency situations where unscheduled blasting is required to ensure operator or public safety. In such cases, the operator shall notify the Department in writing within 72 hours after the unscheduled blast, stating the reasons for the unscheduled blast. After review of the notification, the Department shall determine whether the unscheduled blast was an emergency and take enforcement action if necessary.

d) Blasts consisting of explosive materials loaded into blastholes and of which the explosives are unable to be removed and stored in a Department certified explosive storage magazine must be attended by an Individual Explosive License holder, Licensed Blaster, Illinois Surface Coal Certification holder, or persons meeting the exemptions of 62 Ill. Adm. Code 200.90(d)(5) at all times. No explosives shall be left unattended.

e) Explosives may be used to clear blockage in crushing operations at any time provided the explosive charge does not exceed one pound, and the operator complies with all other requirements of this Part, except those found in subsection (c).

f) Vehicles and equipment shall not be driven over explosive material or initiating systems.

g) Prior to firing a blast:

1. Ample warning shall be given to allow all persons to be evacuated.

2. All access routes to the blasting zone shall be guarded or barricaded to prevent the passage of unauthorized persons or vehicles.

h) When a misfire is suspected, the blasting zone shall be cleared of all personnel for:

1. a minimum of 30 minutes when using safety fuse, detonating cord and electronic initiation systems; or

2. a minimum of 15 minutes for electric and shock tube initiation systems.

i) If explosive material is suspected of burning at the blast site, persons shall be evacuated from the endangered area and shall not return for at least one hour after the burning or suspected burning has stopped.

j) During the approach and progress of an electrical storm, blasting operations shall be suspended and persons withdrawn from the blasting zone and relocated to a safe location.

k) The source of energy used to initiate the blast shall not be connected to the blasting circuit until it has been confirmed that the blasting zone is clear, and it is safe to fire the blast.

l) Blastholes shall not be drilled where there is a danger of intersecting a misfired hole or a hole containing explosives, blasting agents, or detonators.

m) Operators shall assure that the blast site is free of hazards prior to the arrival of explosives including, but not limited to, highwall safety and ground stability.

n) Tamping shall not be done directly on a primer.

o) Work shall not resume in the blast area until a post-blast examination addressing potential blast-related hazards has been conducted by a person with the ability and experience to perform the examination.

p) Blasting activities incident to underground mining, including all blasts within 50 feet of the development of slopes and shafts, are considered a surface blast.

History

• Source: Amended at 48 Ill. Reg. 9650, effective June 24, 2024

62 Ill. Adm. Code 300.220 Monitoring

a) Duties of the Operator

1. When the scaled distance has a value less than 65 at the closest protected structure, the operator shall make a seismographic recording and airblast recording at or as near as possible to that structure.

2. When any blast is within 500 feet of a landfill, the operator shall make a seismograph recording at or near the closest part of the landfill to the blast. This requirement shall not apply if a protected structure is located between the blast and the landfill or if an alternative compliance method has been approved by the Department in accordance with Section 300.225(f).

3. When the cubed root scaled distance to the nearest protected structure has a value less than 350 and when the burden to hole depth ratio is greater than 1.0, or the top stemming height is less than 70% of the burden dimension, the airblast produced by the blast shall be measured at or as near as possible to the closest protected structure.

4. When field programmed times of electronic, or programmable detonators are unable to be electronically documented or verified in subsection (a)(5)(a)(xiv), the operator shall make a seismographic and airblast recording for Department review, at or as near as possible to the closest protected structure.

5. The operator shall maintain blasting records as follows:

A) A record of each blast shall be made, retained by the operator for at least five years and made available for inspection by the Department. Each blast record, as well as other documentation deemed relevant to that record, shall not be falsified or misrepresented. Units of measure shall be included on each blast record. The blast record should be based on the maximum pounds in any given hole in the blast. Records of blasts conducted since the Department's last inspection, or copies of such blasting records, shall be made available at the operation for inspection by the Department. The record is to be completed by the end of the work day following the day in which the blast occurred, including the seismograph meter reading, if required, and shall contain the following data:

i) Name of the mine operator for whom the blast is being conducted.

ii) The location, using global positioning data points, date and time of the blast.

iii) Name, signature and licensure number of the licensed blaster responsible for the blast.

iv) Type of material blasted.

v) Number of holes, burden and spacing.

vi) Diameter and depth of holes.

vii) Type and amount of each explosive used, including any variation from the heaviest hole.

viii) Total weight of explosives used in pounds.

ix) Maximum weight, in pounds, of explosives used in any one hole.

x) Maximum weight of explosives, in pounds, detonated within any eight millisecond period.

xi) Maximum number of holes or explosive decks detonated within any eight millisecond period.

xii) Initiation system, including number of circuits and the timer interval, if a sequential timer is used.

xiii) Type and length of stemming (deck and top).

xiv) Type of detonator and delay periods used, in milliseconds. When electronic or programmable detonators are used, field programmed times shall be documented utilizing a date stamp which is derived from the machine used to detonate the blast. This documentation should be representative of the firing times at the instant of detonation. This documentation is not required when detonators are pre-programmed by the manufacturing facility with labels indicating, in milliseconds, the nominal firing time.

xv) Sketch of delay pattern, including decking, which indicates all hole to hole connections and the firing times of each hole as well as a directional indicator.

xvi) Distance and scaled distance to the closest protected structure, using global positioning data points.

xvii) Location, using global positioning data points, of the closest protected structure.

xviii) Distance and scaled distance to the closest part of any landfill within 500 feet of the blast.

xix) A hole diagram indicating borehole depth, subdrill, borehole diameter, type and length of stemming, primer location, location and size of inert decks, weight and type of explosives used per explosive column.

xx) List of persons assisting with blast loading and initiation.

xxi) Drill log showing the physical characteristics of each hole.

xxii) Seismograph recordings of airblast and ground vibration, when required.

xxiii) Seismograph identification number.

xxiv) The type of seismograph, sensitivity, and certification date of annual calibration which must be conducted within one year of the previous calibration date.

B) Air blast and/or ground vibration recordings, or photographic copies thereof, where required by the Department, shall be kept for a period of five years following the date of the blast, and shall be available for inspection by the Department. Records of blasts conducted since the Department's last inspection, or copies of such blasting records, shall be made available at the operation for inspection by the Department. The recordings shall include the following information:

i) Maximum airblast and/or ground vibration levels recorded.

ii) The specific location of the monitoring equipment, its distance from the blast and the date and time of the recording.

iii) Name of the person and/or firm making the recording.

iv) Name of the person and/or firm analyzing the recordings.

v) The type of seismograph, sensitivity and certification date of annual calibration which must be conducted within one year of the previous calibration date.

C) As used herein, "seismographic recording", or "record of airblast recording", or "record" shall mean a visually inspectable cartesian representation of the time history of the particle velocity levels and/or airblast levels versus time. The particle velocity is shown by three traces representing mutually perpendicular components of motion. The components are oriented vertically, transversely and longitudinally to the horizontal direction from the recording location to the location of the blast. The airblast time history is represented by a single trace. The record or recording includes either an analog representation, or a written description, of the vertical scale for the particle velocity traces and the airblast trace. The units for the particle velocity traces and scale are in inches per second. The units for the airblast trace and scale are millibars, pounds per square inch, or decibels. The recording shall also include an analog or descriptive time scale. The time units are in seconds.

b) Duties of the Department

1. The Department shall conduct seismographic monitoring at any operation at such times and conditions as the Department deems appropriate.

2. The Department shall conduct inspections of the operation as follows:

A) Randomly without notice twice per year.

B) At such other times and conditions as the Department deems appropriate.

C) Less frequently than twice per year at operations where blasting is not regularly conducted.

3. All Department employees conducting official business shall inform the operator or the operator's designated representative, if either is present, upon arrival to and departure from the operation.

History

• Source: Amended at 48 Ill. Reg. 9650, effective June 24, 2024

62 Ill. Adm. Code 300.225 Use of Explosives; Control of Adverse Effects

a) Blasting shall be conducted to prevent injury to persons and damage to public or private property outside the blasting zone.

b) Airblast limits

1. Airblast shall be controlled so that it does not exceed the values specified below at any protected structure, unless such structure is owned by the operator and not leased to any other person, or a waiver has been obtained in accordance with subsection (g).

Lower frequency limit of measuring system, Hz + 3dB

Maximum

level in dB

0.1 Hz or lower--flat response

134 peak

2.0 Hz or lower--flat response

133 peak

6.0 Hz or lower--flat response

129 peak

2. The measuring systems used shall have a flat frequency response of at least 200 Hz at the upper end.

3. The person who conducts blasting may satisfy the provisions of this subsection (b) by meeting any of the three specifications in the chart in subsection (b)(1).

4. To ensure compliance with the limits contained in this Section, the Department may require an airblast measurement of any or all blasts, and may specify the location of such measurements.

5. Any exceedance of the airblast limitations listed in subsection (b)(1) shall be reported to an authorized representative of the Department immediately by phone and in writing or email within 24 hours of telephone notification. Telephone numbers can be found at www.dnr.illinois.gov/mines/ead/documents/districtmap.pdf.

c) Flyrock

1. Flyrock, including blasted material traveling in the air or along the ground, but excluding dust and detonation by-products, shall not be cast beyond the posted, pre-established blasting zone. Flyrock traveling outside the pre-established blasting zone shall be reported to an authorized representative of the Department immediately by telephone and in writing or email within 24 hours of telephone notification. Telephone numbers can be found at www.dnr.illinois.gov/mines/ead/documents/districtmap.pdf.

2. In the event of flyrock causing personal injury or property damage, or any flyrock cast outside the blasting zone, the blaster's license shall immediately be suspended for a period not to exceed 15 days from the date of the flyrock incident or until the Department conducts a complete investigation of the incident detailing any remedial action required.

3. In the event of flyrock causing personal injury or property damage or any flyrock cast outside the blasting zone, a cessation order preventing further blasting of the bench or ledge in which the flyrock occurred shall take effect immediately.

d) Ground vibration limits

1. In all blasting operations, except as otherwise authorized in this Section, the maximum peak particle velocity shall not exceed one inch per second at the location of any protected structure, unless such structure is owned by the operator and not leased to any other person or a waiver has been obtained in accordance with subsection (g).

2. Any exceedance of the ground vibration limitations listed in subsection (d)(1), including any exceedances of alternative methods of monitoring in subsection (f) shall be reported to an authorized representative of the Department immediately by phone and in writing or email within 24 hours of telephone notification. Telephone numbers can be found at www.dnr.illinois.gov/mines/ead/documents/districtmap.pdf.

3. In addition to the requirements in subsection (d)(1), when any blast is within 500 feet of a landfill, the blasting shall be conducted in order to control ground vibrations not to exceed five inches per second, at the closest part of the landfill. Blast monitoring shall comply with Section 300.220(a)(2). The ground vibration limit shall not apply to the following; a landfill in the process of being mined through; mining activities associated with the construction of a landfill; a landfill containing only inert waste; or a landfill or any cell of a landfill that does not contain a geomembrane or earth liner.

e) When the scaled distance has a value less than 65 at the closest protected structure, a seismograph recording shall be made at or as near as possible to that structure. To ensure compliance with the limits contained in this Section, the Department may require a seismograph recording of any or all blasts and may specify the location at which such recordings are made.

f) In lieu of the ground vibration limits in subsection (d), the operator may submit a written request to the Department to use an alternative compliance method. Such written request must be supported by sufficient technical information, which may include, but is not necessarily limited to, documented approval of such method by agencies in other states which regulate blasting operations at coal and/or non-coal mineral extraction operations. Upon submittal by the operator of a request to use an alternative compliance method, the Department shall issue a written determination as to whether the technical information submitted provides sufficient justification for the alternative method to be used as a means of demonstrating compliance.

g) Waivers

1. A waiver of the airblast and ground vibration limits in subsections (b) and (d) may be obtained by the operator in the following circumstances:

A) If the protected structure is owned by the operator and leased to any other person; or

B) If the protected structure is not owned by the operator but the owner of the structure has a bona fide financial interest in, or commercial relationship with, the mining operation. The operator shall provide written documentation of any such interest or relationship to the Department upon request.

2. The waiver shall be signed by the owner of the structure unless the operator is the owner. If the structure is leased to any other person, the waiver must be signed by both the owner and lessee.

3. The waiver shall be in writing in a format available from the Department, and shall be submitted to DNR Explosives and Aggregate Personnel before conducting blasting operations in accordance with the term of the waiver.

4. The operator is responsible for keeping complete and up to date records on all waivers executed, including real estate and lease transactions that may affect the validity of the waiver. These records shall be made available for inspection by the Department.

5. The waiver provided for in this subsection (g) shall consist solely of a waiver of the airblast and ground vibration limits set forth in this Section and is not intended to exempt the operator from civil liability.

History

• Source: Amended at 48 Ill. Reg. 9650, effective June 24, 2024

62 Ill. Adm. Code 300.230 Use of Explosives; Blasting Signs, Warnings, and Access Control

a) Specifications. Signs and markers required under this Part shall:

1. Be posted and maintained by the mine operator;

2. Be of uniform design that can be easily seen and read; and

3. Be made of durable material.

b) Duration of maintenance. Signs and markers shall be maintained during the conduct of all activities to which they pertain.

c) Blasting signs. The mine operator shall:

1. Display blasting signs along the perimeter of any blasting zone. Signs shall be posted every 500 feet or less; and at the point where any other road provides access to the blasting zone;

2. At all entrances to the operation from public roads or highways, place conspicuous signs which indicate explosives are used at the operation and which clearly list and describe the meaning of the audible blast warning and all-clear signals that are in use;

3. Ensure that the blast site is attended at all times by an authorized person after explosive materials or initiating systems are brought to the blast location.

4. Ensure the area is barricaded and posted with warning signs, such as "Danger", "Explosives", or "Keep Out"; or flagged against unauthorized entry when explosive materials or initiating system are present; and

5. Provide a map designating the current blasting zone which must be made available for onsite review and shall also be on file with the Department.

d) Warning and all-clear signals of different character or pattern that are audible within the blasting zone shall be given.

e) Access to the blasting site and blasting zone shall be controlled to prevent the presence of unauthorized personnel during blasting until an authorized representative of the operator has reasonably determined:

1. That no unusual circumstances, such as undetonated charges, exist; and

2. That access to and travel in or through the area can be safely resumed.

History

• Source: Amended at 48 Ill. Reg. 9650, effective June 24, 2024

62 Ill. Adm. Code 300.235 Training

a) Training required in this Section, for those persons not previously trained in the subjects required in this Section, shall be conducted by the Department. The training must meet the requirements of this Section.

b) The training for blaster's licensure shall include instruction in:

1. The design and layout of blasts, including geology, topography and the proper use of delays.

2. Control of ground vibration.

3. Control of flyrock and airblast.

4. Design and loading of boreholes.

5. Priming and boosting.

6. Tamping and stemming, including methods and materials.

7. Blast initiation systems.

8. The use of blasting machines.

9. The use of circuit testing equipment.

10. The general properties of explosives, including blasting agents and selection criteria.

11. Ground vibration, airblast and monitoring.

12. The use of ground vibration and airblast records as blast design factors.

13. The need for accurate reports and blasting logs and their proper preparation.

14. Current Illinois and Federal laws and regulations pertaining to blasting at the operation.

15. Planning for unpredictable blasting hazards to the public and mine personnel. Illustrative examples are adverse weather, stray electrical currents, flyrock, radio frequency energy and misfires.

16. Signs, warning signals and control of the potential flyrock area.

17. Site security and safety.

18. Handling, transportation and storage of explosives.

19. New technology as it develops and is implemented in the field.

20. Training and licensure requirements.

c) The licensed blaster shall provide direction and on-the-job training to all non-licensed blasting personnel under his supervision.

History

• Source: Amended at 48 Ill. Reg. 9650, effective June 24, 2024

62 Ill. Adm. Code 300.236 Examination

a) Written examinations for blaster licensure shall be administered at least semiannually, on dates and at times and locations announced by the Department via news releases and direct communication with operators and individuals who request, in writing, to be so notified. In the case of occurrences beyond the Department's control, scheduled examinations and training may be postponed until the earliest opportunity. All persons scheduled for a regular examination session will be so notified at least one week prior to the scheduled exam date.

b) Reexaminations shall be scheduled, if needed, for those persons who do not pass the regularly scheduled examination. All persons scheduled for reexamination during the reexamination session will be so notified at least one week prior to the scheduled reexamination session.

c) If the applicant cannot attend the examination or reexamination session for which the applicant is scheduled, the applicant shall so inform the Department at least one day in advance of the examination date. Failure to do so will result in the application being rejected, and the applicant having to reapply for licensure. Any person who cannot attend such a session and who informs the Department in accordance with this Section will be scheduled for the next examination or reexamination session.

d) Applicants for blaster licensure shall be examined on the topics set forth in Section 300.235(b).

History

• Source: Amended at 48 Ill. Reg. 9650, effective June 24, 2024

62 Ill. Adm. Code 300.237 Application and Licensure

a) Each applicant shall submit a completed application for licensure on forms supplied by the Department. The application shall be accompanied by the required fee, which is non-refundable. Any applicant whose completed application has been received, reviewed and accepted by the Department prior to a regularly scheduled examination session shall be scheduled for that session. The completed application shall include:

1. Proof of the applicant's blasting experience, which shall include:

A) A notarized statement from the applicant's employer or a licensed blaster having personal knowledge of the applicant's blasting experience relating to the subjects listed in Section 300.235 of this Part, and affirming that the applicant has had at least two years blasting experience within the previous five years as it relates to aggregate mining; or

B) A notarized statement from an Illinois licensed blaster who directly supervised the applicant, affirming that the applicant has experience with the following: proper blast design to comply with the regulatory requirements of this Part, drilling, loading, initiation systems and delay timing, monitoring requirements, and blasting zone security and safety. The applicant's experience shall have included detailed involvement with at least 120 aggregate mining blasts which have taken place within the previous five years.

2. Proof that the applicant has successfully completed a blaster training course or courses that cover the material listed in Section 300.235.

3. An applicant for original licensure, except for an applicant who has previously submitted fingerprint-based data to the Department, shall submit with the application, fingerprint-based data or two sets of fingerprint cards on forms specified by the Department. The fingerprint cards shall be accompanied by the required non-refundable application fee.

b) The Department shall review each application, including required documents, for completeness and the accuracy of the statements contained in the application and required documents. The Department's acceptance of an application shall be based on the applicant's compliance with the requirements of this Part.

c) Each applicant shall be required to pass a written examination established and administered by the Department. The examination shall cover the subjects set forth in Section 300.235. The minimum passing score shall be 70 points. The Department retains the sole right to determine whether any or all responses to examination questions are correct.

d) Any applicant whose application is denied shall be so informed in writing, within 30 days after the date the applicant is found to be not qualified. Reasons for such denial shall be included with the notification. Each applicant who meets the requirements of subsection (a) and who passes the examination required in subsection (c) shall be issued a blaster license as soon as practicable thereafter, but not more than 45 days after the examination date. Any applicant who meets the requirements of Section 300.237(a) but who does not pass the examination shall be so notified within 15 days of the examination date. That applicant may, upon written request, review their examination at the Department's Springfield office. Such request must be made and the review completed not less than ten days prior to the reexamination date for which the applicant is scheduled. The review must be done during the Department's regular business hours. Any applicant who does not pass the examination shall be scheduled for the next reexamination session, pursuant to Section 300.236(b).

e) An employed blaster shall have their Illinois Surface Aggregate license readily available for inspection at the operation.

f) A temporary blaster license will be issued to any individual who applies to the Department for such licensure and who provides a photocopy of his or her valid blaster license issued in another state, or the name of the state where the license was issued and the license number. The period of the temporary blaster license shall not exceed six months from the date of issuance. Such a temporary license shall be issued only once to any individual in any continuous five year period.

g) Each license shall be valid for five years from the date of issuance. Renewal following expiration shall be in accordance with the application, examination and licensure requirements of this Part. Any applicant whose license has been expired for a period of two years or more from the date of expiration will be required to complete the training set forth in Section 300.235.

h) Blaster licensure shall not be assigned or transferred.

i) Blasters shall not delegate their responsibility to any individual who is not a licensed blaster.

j) The blaster shall take reasonable precaution to protect their license from loss, theft or unauthorized duplication. Such loss, theft or duplication shall be reported to an authorized representative of the Department immediately by phone. Telephone numbers can be found at www.dnr.illinois.gov/mines/ead/documents/districtmap.pdf. A written notice, which can be in the form of email, must be submitted to the Department within 5 days after the phone notification, shall be executed under penalties of perjury, and shall include a description of the time, location, and circumstances surrounding the loss, theft or destruction of the license.

k) Applicants for blasting licensure must meet and maintain the qualifications as per Section 300.239.

History

• Source: Amended at 48 Ill. Reg. 9650, effective June 24, 2024

62 Ill. Adm. Code 300.238 Fees

The following fees shall be paid to the Department for administration of the Act and are non-refundable. The fees submitted shall be in the form of a personal check, company check, cashier's check or money order made payable to the Illinois Department of Natural Resources, Office of Mines and Minerals.

a) The fee for an application is $150.

b) The fee for reexamination of an applicant is $50.

c) The renewal fee for a license is $150.

d) The fee for a temporary license is $300.

History

• Source: Amended at 48 Ill. Reg. 9650, effective June 24, 2024

62 Ill. Adm. Code 300.239 Denial, Issuance of Notice of Infraction, Suspension, Revocation and Other Administrative Actions

a) The Department shall deny an application for, or may revoke or suspend, a license under the provisions of this Section if the Department finds that the applicant or licensee:

1. has willfully violated any provisions of the Act or this Part;

2. has made material misstatement or knowingly withheld information in connection with any original or renewal application;

3. has falsified or misrepresented documentation related to a blast record or explosive use;

4. has been declared incompetent by any competent court by reasons of mental or physical defect or disease unless a court has since declared the applicant or licensee competent;

5. unlawfully uses or is under the influence of alcohol or drugs in the workplace;

6. is a fugitive from justice.

7. is under the age of 21 years old;

8. has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year;

9. is under indictment or formally charged for a crime punishable by imprisonment for a term exceeding one year;

10. is an unlawful user of or addicted to any controlled substance;

11. has been adjudicated as a person with a mental disability;

12. is not a legal citizen of the United States or lawfully admitted for permanent residence;

13. has been other than honorably discharged from the armed services; and

14. has any outstanding, unpaid, violations with the Department.

b) An applicant for original licensure, except for an applicant who has previously submitted fingerprint-based data to the Department, shall submit with the application fingerprint-based data or 2 sets of fingerprint cards on forms specified by the Department. The fingerprint cards shall be accompanied by the required non-refundable application fee.

c) Notice of Infraction

1. The Department shall, when in the best interest of protecting public safety or public or private property, issue to the blaster a written notice of infraction requiring remedial action when, on the basis of any inspection, the Department determines that the blaster has committed any of the following infractions:

A) Noncompliance with current Illinois or federal law or regulations pertaining to blasting at the operation, including the Illinois Explosives Act [225 ILCS 210].

B) Providing false information or a misrepresentation to obtain licensure.

C) Consumption of alcohol or unlawful use of drugs in the workplace.

D) Noncompliance with any order issued by the Department.

2. The maximum time allowed to abate the infraction by completing the remedial action shall be stated in the notice and shall include consideration of the nature of the infraction, as well as the availability of resources to complete the abatement. Remedial actions may include, but need not be limited to, a requirement to receive additional training or undergo reexamination to demonstrate competence.

3. A copy of such notice shall be forwarded to the blaster's employer.

4. Any such notice may be terminated when the remedial action has been completed, modified to correct deficiencies or errors or make other changes in the notice or to change the required abatement date, or vacated if the infraction did not occur or occurred as the result of sabotage by persons other than the blaster.

5. The blaster may file a request for review with the Department, and if desired, a hearing within 30 days after the receipt of the notice of infraction. The request shall include the blaster's name, licensure number, identification of the notice, and the date of the notice. The request shall be forwarded to: Illinois Department of Natural Resources, Office of Mines and Minerals, Explosives and Aggregate Division, One Natural Resources Way, Springfield, IL 62702. If a hearing is requested, the hearing shall be conducted in accordance with Section 300.248 and shall be held in Springfield. The Department shall give at least five days notice of the date, time and location of the hearing to the blaster, the blaster's employer and any person who filed a report which led to the notice that was issued.

6. The filing of a request for hearing shall not act as a stay of the remedial actions required as part of the notice of infraction.

d) License Suspension or Revocation

1. The Department shall issue to the blaster a written notice for the blaster to show cause why the license should not be suspended or revoked for a specified period (not to exceed the term of the license) upon a finding of:

A) A willful commission of an infraction; or

B) A failure to complete the remedial action stated in a Notice of Infraction.

2. The blaster shall have 21 days from the receipt date of the notice, or other time period necessary for adequate response as may be set out in the notice, in which to file an answer and request a hearing. If the blaster files an answer to the show cause order and requests a hearing, a public hearing shall be provided and conducted in accordance with Section 300.248. The Department shall give 30 days written notice of the date, time and location of the hearing to the blaster, the blaster's employer and any person who filed a report which led to the order that was issued.

3. If the Department determines that the infraction resulting from the willful act on the part of the blaster creates an imminent danger to the health or safety of the public or imminent damage to public or private property, the Department shall immediately issue a temporary suspension of the blaster's license. The temporary suspension shall be in writing, and shall, with reasonable specificity, set forth the nature of the infraction and the imminent danger or damage incurred or about to be incurred. Such suspension shall be subject to a hearing to be provided not less than 15 days after the blaster's receipt of the temporary suspension. The hearing shall determine whether the suspension shall be continued or terminated or whether the license shall be revoked. Temporary suspension issued under the authority of this subsection shall not exceed 15 days. The hearing shall be conducted in accordance with Section 300.248 and shall be held at the Department's Springfield office.

4. Upon written notice of revocation, including the findings upon which the notice is based, the blaster shall without delay surrender the revoked license to the Department.

History

• Source: Amended at 48 Ill. Reg. 9650, effective June 24, 2024

62 Ill. Adm. Code 300.245 Notices of Violation

a) An authorized representative of the Department shall issue a notice of violation if, on the basis of an inspection, the authorized representative finds a violation (of this Part) for which a cessation order may not be issued under Section 300.246.

b) A notice of violation issued under this Section shall be in writing, signed by the authorized representative who issued it, and shall set forth with reasonable specificity:

1. The nature of the violation;

2. Statute Sections or regulations violated;

3. The remedial action required, which may include interim steps;

4. A reasonable time for abatement, which may include time for accomplishment of interim steps; and

5. A reasonable description of the portion of the blasting area to which it applies.

c) A notice of violation shall be served upon the operator or an agent of the operator, if either is present on site. If the operator, or operator's agent, is not present, the notice of violation shall be mailed to the operator's address. The notice of violation shall be considered served when personally delivered or mailed.

d) The operator issued the notice of violation may provide the Department a written response to the violations within 14 days after the delivery or mailing of the notice. Such written response may include a proposed alternative to the Department's specified remedial action needed to abate the violations. The Department shall consider any information so submitted in determining the facts surrounding the violation and the amount of the penalty. The written response shall be submitted to the Illinois Department of Natural Resources, Office of Mines and Minerals, Explosives and Aggregate Division, One Natural Resources Way, Springfield, Illinois 62702.

e) The notice of violation shall provide that the operator named in the notice has the right to request a hearing to contest the facts of the violations alleged by the Department, as well as the civil penalty assessed, after the issuance of the Office of Mines and Minerals Decision, pursuant to Sections 300.247 and 300.248.

f) A notice of violation issued under this Section shall continue in effect until modified, vacated or terminated by the Department. Termination shall not affect the right of the Department to assess civil penalties for those violations in accordance with Section 240.247(d). A notice of violation can only be terminated when all abatement action required by the Department has been completed.

g) A notice of violation may be modified, vacated or terminated in writing by either:

1. An authorized representative of the Department; or

2. The issuance of an Office of Mines and Minerals Decision pursuant to Section 300.247.

History

• Source: Amended at 48 Ill. Reg. 9650, effective June 24, 2024

62 Ill. Adm. Code 300.246 Cessation Orders

a) Standards for Issuance

1. An authorized representative of the Department shall immediately order a cessation of blasting operations if the authorized representative finds, on the basis of any State inspection, any condition or practice, or any violation of Section 6.5 of the Act, which may cause injury to persons or damage to public or private property outside the blasting zone.

2. If the cessation order will not completely abate the imminent danger or harm in the most expeditious manner possible, the authorized representative of the Department shall impose affirmative obligations on the operator to whom it is issued to abate the condition, practice or violation. The order shall specify the time by which abatement shall be accomplished and may require, among other things, the use of existing or additional personnel and equipment.

3. Third and subsequent violations of the same rule within a one year period from the date of issuance of the first violation or the date of the final administrative or judicial decision may result in a cessation of blasting operations.

b) A cessation order shall be in writing, signed by the authorized representative who issued it, and shall set forth with reasonable specificity:

1. The nature of the condition, practice or violation;

2. The remedial action or affirmative obligation required, if any, including interim steps, if appropriate;

3. The time established for abatement, if appropriate, including the time for meeting any interim steps; and

4. A reasonable description of the portion of the blasting zone to which it applies.

c) A cessation order shall be served upon the operator or an agent of the operator, if either is present on site. If the operator, or operator's agent, is not present, the cessation order shall be sent to the operator's address by certified mail, return receipt requested. The cessation order shall be considered served when personally delivered or mailed.

d) Mining operations and other activities intended to protect public health and safety and the environment may continue during the period of any cessation order unless otherwise provided in such order.

e) The operator issued the cessation order may provide the Department a written response to the violations cited on or before 14 days after the delivery or mailing of the order. Such written response may include a proposed alternative to the Department's specified remedial action needed to abate the violation. The Department shall consider any information so submitted in determining the facts surrounding the violation and the amount of the penalty. The written response shall be submitted to the Illinois Department of Natural Resources, Office of Mines and Minerals, Explosives and Aggregate Division, One Natural Resources Way, Springfield, Illinois 62702.

f) The cessation order shall provide that the person or operator named in the order has the right to request a hearing to contest the fact of the violation alleged by the Department, as well as the civil penalty assessed, after the issuance of the Office of Mines and Minerals Decision, pursuant to Sections 300.247 and 300.248. In addition, the cessation order shall provide that the operator named in the order has the right to request a hearing for temporary relief from the cessation of blasting operations, in accordance with Section 300.249.

g) A cessation order issued under this Section shall continue in effect until modified, vacated or terminated by the Department. Termination shall not affect the right of the Department to assess civil penalties for those violations in accordance with Section 240.247(d). A cessation order can only be terminated when all abatement action required by the Department has been completed.

h) A cessation order may be modified, vacated or terminated in writing by either:

1. An authorized representative of the Department; or

2. The issuance of an Office of Mines and Minerals Decision pursuant to Section 300.247.

i) The filing of a request for a hearing under Section 300.248 shall not operate as a stay of the cessation order. The cessation order may be stayed by the grant of temporary relief in accordance with Section 300.249.

History

• Source: Amended at 48 Ill. Reg. 9650, effective June 24, 2024

62 Ill. Adm. Code 300.247 Office of Mines and Minerals Decision

a) Upon receipt of a notice of violation or cessation order, the Director of the Office of Mines and Minerals, or the Director's designee, shall conduct an investigation and either affirm, vacate or modify the notice of violation or cessation order.

b) Modification of the Notice of Violation or Cessation Order may include:

1. Any different or additional remedial actions necessary to abate the violation and the time within which the violation must be abated;

2. The assessment of civil penalties for each and every act of violation;

3. Probationary or permanent modification or conditions on the blasting site which may include special monitoring or reporting requirements;

4. The extension of time set for abatement or for accomplishment of an interim step may be extended due to the existence of any additional conditions or factors in aggravation or mitigation of the violation, including information provided by the operator, if the failure to meet the time previously set was not caused by lack of diligence on the part of the operator to whom it was issued; and

5. Termination (when all abatement action required by the Department has been completed).

c) Inability to Comply

1. No cessation order or notice of violation issued under this Part may be vacated because of an inability to comply.

2. Unless caused by lack of diligence, inability to comply may be considered only in mitigation of the amount of civil penalty under subsection (d).

d) Civil Penalty Assessment Process

The Department shall assess a penalty for each notice of violation or cessation order. In determining the amount of civil penalties to assess, the Director of the Office of Mines and Minerals, or the Director's designee, shall consider:

1. The operator's history of previous violations. For purposes of determining the history of violations, the Department shall consider only those violations occurring at the same mining operation within a one year period.

A) A violation shall not be counted if the notice or order is the subject of pending administrative review by the Department under Section 300.248 or if the time to request such review has not expired, and thereafter it shall be counted for only one year after the date of the Department's final administrative decision or a final judicial decision affirming the Department's decision;

B) No violation for which the notice or order has been vacated shall be counted;

C) History of Violations

i) First violation of the rule, assess $100.

ii) Second violation of the same rule within a one year period from the date of issuance of the first violation or the date of the final administrative or judicial decision, assess $250.

iii) Third and subsequent violations of the same rule within a one year period from the date of issuance of the first violation or the date of the final administrative or judicial decision, assess $500.

2. The seriousness of the violation.

A) If the violation caused or could have been expected to cause injury or damage to property, add $0.00 to $1,000.

B) If the violation caused injury to persons or damage to public or private property, add $1,000 to $3,500.

3. The degree of culpability of the operator.

A) If the Department cannot make a determination that the operator failed to use reasonable care during blasting operations, add $0 (no fine assessed).

B) If the Department determines that the operator did use reasonable care but the design or execution of the blast resulted in undesirable effects, add $0.00 to $250.

C) If the violation occurred as a result of the operator's reckless or deliberate conduct, add $250 to $1,000.

4. Administrative Requirements: In the case of a violation deemed by the Department to be administrative in nature, the Department shall assess a civil penalty of up to $100.

5. In the case of a violation/incident in which a blast is conducted without a licensed blaster, the Department shall assess a civil penalty of up to $5,000 to the operator.

e) The Office of Mines and Minerals Decision, including the civil penalty assessment, shall be served on the operator within 60 days after the issuance of the notice of violation or cessation order. The Office of Mines and Minerals Decision shall provide that the operator has the right to request a hearing to contest the facts of the violation and/or the civil penalty assessed in accordance with Section 300.248(a). The Office of Mines and Minerals Decision affirming, vacating, terminating or modifying the notice of violation or cessation order shall be served by certified mail, return receipt requested, and shall be considered served upon mailing.

f) If the Office of Mines and Minerals Decision includes the assessment of a civil penalty, and the operator named in such decision does not request a hearing in accordance with Section 300.248(a) to contest the amount of the penalty, the amount assessed shall be paid to the Department in full within 30 days after service of the Office of Mines and Minerals Decision.

g) An Office of Mines and Minerals Decision not appealed in accordance with Section 300.248(a) within 30 days after service shall become a final administrative decision of the Department. The operator's failure to request a hearing in accordance with Section 300.248(a) shall constitute a waiver of administrative rights to contest the Office of Mines and Minerals Decision or the cessation order, including the amount of any civil penalty assessed. The filing of a request for hearing under Section 300.248(a) shall not operate as a stay of the Office of Mines and Minerals Decision.

h) All civil penalties assessed and paid to the Department shall be deposited in the Aggregate Operations Regulatory Fund.

History

• Source: Amended at 48 Ill. Reg. 9650, effective June 24, 2024

62 Ill. Adm. Code 300.248 Hearings

a) An operator shall have 30 days from the date of service of the Office of Mines and Minerals Decision to request a hearing. All requests for hearing shall be mailed or delivered to the Illinois Department of Natural Resources, Office of Mines and Minerals, Explosives and Aggregate Division, One Natural Resources Way, Springfield, Illinois 62702.

b) Upon receipt of a request for hearing submitted in accordance with subsection (a), the Department shall provide an opportunity for a formal hearing upon not less than 5 days after written notice mailed to the operator submitting the hearing request. The hearing shall be conducted by a hearing officer designated by the Director and shall be conducted in accordance with the following procedures:

1. Pre-hearing conferences:

A) Shall be scheduled within 30 days after the request for hearing:

i) to define the factual and legal issues to be litigated at the administrative hearing;

ii) to determine the timing and scope of discovery available to the parties;

iii) to set a date for the parties to exchange all documents they intend to introduce into evidence during the hearing, a list of all witnesses the parties intend to have testify and a summary of the testimony of each such witness;

iv) to schedule a date for the administrative hearing; and

v) to arrive at an equitable settlement of the hearing request, if possible.

B) May be conducted via telephone conference if such procedure is acceptable to all parties to the hearing. In the event that a telephone conference is not acceptable to all parties, the pre-hearing conference shall be conducted at a place designated by the hearing officer.

2. Either party may file motions for default judgment, motions for summary judgment, motions for protective orders and motions for orders compelling discovery. The Department's hearing officer shall grant or deny such motions within 15 days after service. Any order granting a motion for default judgment or a motion for summary judgment shall constitute the Department's final administrative decision as to the Office of Mines and Minerals Decision or cessation order being contested.

3. If a settlement agreement is entered into at any stage of the hearing process, the operator to whom the notice of violation or cessation order was issued will be deemed to have waived all right to further review of the violation or civil penalty in question, except as otherwise expressly provided for in the settlement agreement. The settlement agreement shall contain a waiver clause to this effect. All settlement agreements shall be executed by the hearing officer and shall constitute the Department's final administrative decision as to the Office of Mines and Minerals Decision or cessation order being contested.

4. All hearings under this Section shall be conducted in accordance with the contested case provisions set forth in Article 10 of the Illinois Administrative Procedure Act [5 ILCS 100/Art 10]. All hearings under this Section shall be conducted in Springfield, Illinois.

5. At the hearing the Department shall have the burden of proving the facts of the violation alleged in the notice of violation or cessation order at issue. The amount of any civil penalty assessed shall be presumed to be proper; however, the operator may offer evidence to rebut this presumption. The standard of proof shall be a preponderance of the evidence. The operator shall have the right to challenge the hearing officer if the operator believes the hearing officer is prejudiced against the operator or has a conflict of interest. If the hearing officer disqualifies himself, the Director of the Department of Natural Resources shall designate a new hearing officer. The hearing officer shall conduct the hearing, hear the evidence and at the conclusion of the hearing render recommended findings of fact, recommended conclusions of law and recommendations as to the disposition of the case.

c) The Director of the Department of Natural Resources shall review the administrative record in a contested case, in conjunction with the hearing officer's recommended findings of fact, recommended conclusions of law and recommendations as to the disposition of the case. The Director of the Department of Natural Resources shall then issue the final administrative decision affirming, vacating or modifying the hearing officer's decision.

d) Judicial Review. Following service of the Department's final administrative decision, the operator may request judicial review of that decision in accordance with the Administrative Review Law [735 ILCS 5/Art III].

History

• Source: Amended at 48 Ill. Reg. 9650, effective June 24, 2024

62 Ill. Adm. Code 300.249 Temporary Relief

a) Pending the holding of a hearing or entry of a final administrative decision relating to a cessation order issued under Section 300.246, the operator affected by the Department's action may file a written request for temporary relief from the cessation order, together with a detailed statement giving reasons for granting such relief. The operator shall file the request for temporary relief within 14 days after service of the cessation order.

b) The Department shall commence a hearing within 5 days after receipt of a timely request for temporary relief and may grant such relief, under such conditions as it may prescribe, if the operator requesting temporary relief shows a substantial likelihood that the findings of the Department will be favorable to him and such relief will not adversely affect the health or safety of the public or cause significant environmental harm or significant damage to property.

c) All hearings under this Section shall be conducted by a hearing officer designated by the Director in accordance with the contested case provisions set forth in Article 10 of the Illinois Administrative Procedure Act [5 ILCS 100/Art 10]. All hearings under this Section shall be conducted in Springfield, Illinois.

d) The Department's hearing officer shall issue a final administrative decision granting or denying temporary relief from the cessation order within 7 days after the close of the administrative record.

e) Judicial Review. Following service of the Department's final administrative decision granting or denying temporary relief from the cessation order, the operator may request judicial review of that decision in accordance with the Administrative Review Law [735 ILCS 5/Art. III].

62 Ill. Adm. Code 300.250 Subpoenas

a) Any party to proceedings brought under Sections 300.248 and 300.249 of this Part may apply for subpoenas to compel the attendance of witnesses and the production of relevant documents.

b) The applicant shall submit the subpoena request to the Department's hearing officer. The subpoena request shall specifically identify the witness or relevant documents sought to be produced.

c) The hearing officer shall issue subpoenas within 7 calendar days from the receipt of a request made in accordance with subsection (b) above and deliver the subpoena to the applicant who shall serve all subpoenas issued by certified mail, return receipt requested, at least 7 days before the date set for the hearing. Any witness shall respond to any lawful subpoena of which he has actual knowledge, if payment of the witness fee and mileage applicable in the State circuit courts has been tendered. Service of a subpoena may be proved prima facie by a return receipt signed by the witness or his authorized agent and an affidavit showing that the mailing was prepaid and was addressed to the witness, restricted delivery, with a check or money order for the fee and mileage enclosed.

d) Any party served with a subpoena under this Section may file with the hearing officer, and serve on all parties, a motion for an order quashing the subpoena, in whole or in part. All motions to quash filed under this subsection shall set forth a factual and/or legal basis for granting such relief.

e) The hearing officer shall issue, and serve on all parties, a decision granting or denying the motion to quash within 7 calendar days from the receipt of the motion.

History

• Source: Added at 20 Ill. Reg. 9546, effective July 1, 1996

62 Ill. Adm. Code 300.ILLUSTRATION A Tree Sampling Procedure

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62 Ill. Adm. Code 300.ILLUSTRATION B Typical Sections

TYPICAL SECTIONS

Part 1700 General

62 Ill. Adm. Code 1700.11 Applicability

a) The requirements of 62 Ill. Adm. Code 1700 through 1850 apply to all coal exploration and surface coal mining and reclamation operations, except:

1. The extraction of coal by a landowner or lessee for the landowner's or lessee's own noncommercial use from land owned or leased by him or her where 250 tons or less of coal are removed in any 12 consecutive months. Noncommercial use does not include the extraction of coal by one unit of an integrated company or other business or nonprofit entity which uses the coal in its own manufacturing or power plants;

2. The extraction of coal incidental to the extraction of other minerals where coal does not exceed 162/3% of the total mineral tonnage mined for purposes of commercial use or sale in accordance with 62 Ill. Adm. Code 1702;

3. Coal exploration on lands subject to the requirements of 43 CFR 3480-3487 (1994); and

4. The extraction of coal on Federal lands except to the extent provided under a cooperative agreement with the United States. (Section 1.06 of the Surface Coal Mining Land Conservation and Reclamation Act [225 ILCS 720/1.06(d)])

b) The Illinois Department of Natural Resources, Office of Mines and Minerals (Department) shall, within 60 days after a request from any person who intends to conduct surface coal mining operations, make a written determination whether the operation is exempt under subsection (a). The Department shall, within 30 days after receipt of a request for exemption under subsection (a), publish notice of the request in a newspaper of general circulation in the area of the proposed exempted operation. Prior to the time a determination is made, any person may submit, and the Department shall consider, any written information relevant to the determination. A person requesting that an operation be declared exempt shall have the burden of establishing the exemption. If a written determination of exemption is reversed through subsequent administrative or judicial action, any person who has made a complete and accurate request for an exemption and relied upon the determination shall not be cited for violations which occurred prior to the date of the reversal.

c) The requirements of 62 Ill. Adm. Code 1800 through 1850 (the permanent program regulations) apply to all surface coal mining and reclamation operations for which the surface coal mining operation is required to obtain a permit under the Surface Coal Mining Land Conservation and Reclamation Act (the State Act) [225 ILCS 720] on and after February 1, 1983. 62 Ill. Adm. Code 1815 and 1840 through 1846 apply to both coal exploration operations and surface coal mining and reclamation operations regardless of whether a permit is required, except as otherwise specified in those rules.

d) Existing structures

1. Each structure used in connection with a coal exploration or surface coal mining and reclamation operations shall comply with the performance standards and the design requirements of the permanent program regulations except that:

A) The Department shall exempt an existing structure which meets the performance standards of the permanent program regulations but does not meet the design requirements of the permanent program regulations from meeting those design requirements. The Department shall grant this exemption as part of the permit application process after both obtaining the information 62 Ill. Adm. Code 1780.12 or 1784.12 require and after the Department makes the findings required in 62 Ill. Adm. Code 1773.15(c)(6); and

B) If a performance standard in 62 Ill. Adm. Code 280 (interim program regulations) is at least as stringent as the comparable performance standard of the permanent program regulations, an existing structure which meets the performance standards of the interim program regulations shall be exempted by the Department from meeting the design requirements of the permanent program regulations. The Department will grant this exemption as part of the permit application process after obtaining the information 62 Ill. Adm. Code 1780.12 or 1784.12 require and after the Department makes the findings required in 62 Ill. Adm. Code 1773.15(c)(6).

2. The exemptions provided in subsections (d)(1)(A) and (d)(1)(B) shall not apply to:

A) The requirements for existing and new waste piles used either temporarily or permanently as dams or embankments; and

B) The requirements to restore the approximate original contour of the land.

3. The permittee shall modify or reconstruct an existing structure which meets a performance standard of the interim program regulations which is incompatible with the permanent program regulations to meet the design standard of the permanent program regulations, pursuant to 62 Ill. Adm. Code 1773.15(c)(6), 1780.12 and 1784.12.

4. The permittee shall modify or reconstruct an existing structure which does not meet the performance standards of the interim program regulations and which the applicant proposes to use in connection with a coal exploration or surface coal mining and reclamation operation to meet the design standards of the permanent program regulations prior to issuance of the permit.

e) Effective dates

1. Any person conducting coal exploration on or after February 1, 1983, shall either file a notice of intention to explore or obtain approval of the Department, as required by 62 Ill. Adm. Code 1772.

2. Coal exploration performance standards in 62 Ill. Adm. Code 1815 apply after August 3, 1982.

f) Termination of jurisdiction

1. The Department may terminate its jurisdiction under the regulatory program over the reclaimed site of a completed surface coal mining and reclamation operation, or increment thereof, when:

A) The Department determines in writing that under the initial program, all requirements imposed under 62 Ill. Adm. Code 280 have been successfully completed; or

B) The Department determines in writing that under the permanent program, all requirements imposed under the regulatory program have been successfully completed or, where a performance bond was required, the Department has made a final decision in accordance with 62 Ill. Adm. Code 1800.40 to release the performance bond fully.

2. Following a termination under subsection (f)(1) above, the Department shall reassert jurisdiction under the regulatory program over a site if it is demonstrated that the bond release or written determination referred to in subsection (f)(1) above was based upon fraud, collusion or misrepresentation of a material fact.

History

• Source: Amended at 26 Ill. Reg. 4209, effective March 6, 2002

62 Ill. Adm. Code 1700.12 Petitions to Initiate Rulemakings

a) Any person may petition the Department to initiate a proceeding for the issuance, amendment, or repeal of any regulation under the Surface Coal Mining Land Conservation and Reclamation Act [225 ILCS 720] (the State Act). The petition shall be submitted to the Department's Springfield office.

b) The petition shall be a concise statement of the facts, technical justification, and law which require issuance, amendment, or repeal of a regulation under the State Act and whether the petitioner wants a public hearing.

c) Upon receiving the petition, the Director shall determine if the petition sets forth facts, technical justification, and law which may provide a reasonable basis for issuance, amendment or repeal of a regulation. A reasonable basis is not facts, technical justification, or law previously considered in a petition for rulemaking. The Director shall hold a public hearing, if requested, to determine whether the petition shall be granted.

d) Within 90 days after receiving the petition, the Director shall issue a final written decision either granting or denying the petition. The Director's decision shall constitute the final decision for the Department.

1. If the Director grants the petition, the Director shall, at the time he issues the decision, submit the proposed rule to the Administrative Code Division of the Secretary of State with a notice and text of the proposed rulemaking; or

2. If the Director denies the petition, the Director shall notify the petitioner in writing, stating the reasons for denial.

History

• Source: Amended at 26 Ill. Reg. 4209, effective March 6, 2002

62 Ill. Adm. Code 1700.13 Notice of Citizen Suits

a) A person who intends to initiate a civil action under Section 8.05 of the State Act shall give notice of intent to do so, according to this Section.

b) Notice shall be given by certified mail to the Director, the alleged violator and when federal lands or actions of the Office of Surface Mining Reclamation and Enforcement are involved, to the Secretary of the U.S. Department of the Interior and the Director or Acting Director of the Office of Surface Mining Reclamation and Enforcement within the U.S. Department of the Interior. The notice shall be sent by first class mail to the Field Office Director of the Office of Surface Mining Reclamation and Enforcement in Springfield.

c) Service of notice under this Section is complete upon mailing to the last known address of each person being notified.

d) A person giving notice regarding an alleged violation shall state, to the extent known:

1. Sufficient information to identify the provision of the State Act, regulation, order, or permit allegedly violated;

2. The act or omission alleged to constitute a violation;

3. The name, address, and telephone numbers of the person or persons responsible for the alleged violation;

4. The date, time, and location of the alleged violation;

5. The name, address, and telephone number of the person giving notice; and

6. The name, address, and telephone number of legal counsel, if any, of the person giving notice.

e) A person giving notice of an alleged failure of the Department to perform a mandatory act or duty under the State Act shall state, to the extent known:

1. The provision of the State Act containing the mandatory act allegedly omitted;

2. Sufficient information to identify the omission alleged to constitute the failure to perform a mandatory act under the State Act;

3. The name, address, and telephone number of the person giving notice; and

4. The name, address, and telephone number of legal counsel, if any, of the person giving notice.

History

• Source: Amended at 11 Ill. Reg. 8051, effective July 1, 1987

62 Ill. Adm. Code 1700.14 Availability of Records

a) Records required by the State Act to be made available locally to the public shall be retained at the geographically closest office of the Department.

b) Other records or documents in the possession of the Department may be requested. Persons requesting copies shall pay charges to defray the cost of copying.

History

• Source: Amended at 11 Ill. Reg. 8051, effective July 1, 1987

62 Ill. Adm. Code 1700.15 Computation of Time

a) Except as otherwise provided, computation of time under these regulations is based on calendar days.

b) In computing any period of prescribed time, the day on which the designated period of time begins is not included. The last day of the period is included unless it is a Saturday, Sunday, or legal holiday on which the Department is not open for business, in which event the period runs until the end of the next day which is not a Saturday, Sunday, or legal holiday.

c) Intermediate Saturdays, Sundays, and legal holidays are excluded from the computation when the period of prescribed time is seven (7) days or less.

62 Ill. Adm. Code 1700.16 Fees and Forfeitures

a) All fees collected under the provision of the State Act shall be deposited in the Coal Mining Regulatory Fund in the State Treasury.

b) All forfeitures collected under the provision of the State Act shall be deposited in the reclamation fund to be used for the purposes for which the bond was issued. Any forfeited funds remaining after the completion of reclamation as required by the permit and the State Act and regulations shall be returned to the party from whom the funds were collected.

History

• Source: Amended at 20 Ill. Reg. 1956, effective January 19, 1996

62 Ill. Adm. Code 1700.17 Administration

a) General Duties and Powers. In addition to the duties and powers of the Department prescribed by the Civil Administrative Code of Illinois [20 ILCS 801], the Department shall have full powers and authority to carry out and administer the provision of the State Act. The Department has the power and the duty to act as the regulatory authority for the State of Illinois under the Federal Act (30 USCA 1201 et seq.), to submit and implement a State program under the Federal Act, and to apply for, receive, receipt for and use for and in behalf of the State such moneys and property as are given or granted under the Federal Act or any other federal law, or from any other lawful public and private source, for the purposes of the State Act. [225 ILCS 720/9.02]

b) Cooperative Agreements. The Department may enter into cooperative agreements with the United States Secretary of the Interior under which the State will regulate mining on Federal lands. [225 ILCS 720/9.03]

c) Delegation to Other Agencies. The Department may delegate responsibilities, other than final action on permits, to other State agencies with the authority and technical expertise to carry out such responsibilities, with the consent of such agencies. The Department may contract with any State officer or agency to administer responsibilities under this Act as may be deemed necessary and appropriate to provide for effective administration hereof, without unreasonable or unnecessary cost or duplication of effort, and taking into account the need to deliver fair and effective governmental service to the interested public. [225 ILCS 720/9.04]

d) Coordination with Other Agencies. The Department shall work with other agencies to coordinate, simplify, and expedite the procedures required to obtain permits and approvals from the State for mining operations. [225 ILCS 720/9.05]

History

• Source: Amended at 29 Ill. Reg. 8324, effective May 27, 2005

62 Ill. Adm. Code 1700.18 Advisory Council on Reclamation (repealed)

History

• Source: Repealed at 29 Ill. Reg. 8324, effective May 27, 2005

Part 1701 General Definitions

62 Ill. Adm. Code 1701.5 Definitions

Definitions are found in Appendix A of this Part.

History

• Source: Amended at 6 Ill. Reg. 1, effective June 1, 1982

62 Ill. Adm. Code 1701.APPENDIX A Definitions

As used in 62 Ill. Adm. Code 1700 through 1850, the following terms have the specified meanings, except when another meaning is given:

"Acid drainage" means water with a pH of less than 6.0 and in which total acidity exceeds total alkalinity, discharged from an active, inactive or abandoned surface coal mine and reclamation operation or from an area affected by surface coal mining and reclamation operations.

"Acid-forming materials" means earth materials that contain sulfide minerals or other materials which, if exposed to air, water or weather processes, form acids that may create acid drainage.

"Act" or "Federal Act" means the Surface Mining Control and Reclamation Act of 1977 (P.L. 95-87; 30 USC 1201 et seq.).

"Adjacent area" means the area located outside the permit area, or shadow area, where a resource or resources, determined according to the context in which adjacent area is used, are or reasonably could be expected to be adversely impacted by proposed mining operations.

"Administratively complete application" means an application for permit approval or approval for coal exploration where required, which the Department determines to contain information addressing each application requirement of the regulatory program and to contain all information necessary to initiate processing and public review.

"Affected area" means, with respect to surface mining activities, any land or water upon or in which those activities are conducted or located. With respect to underground mining activities, affected area means: any water or surface land upon which those activities are conducted or located.

"Agricultural use" means the use of any tract of land for the production of animal or vegetable life. The uses include, but are not limited to, the pasturing, grazing, and watering of livestock, and the cropping, cultivation, and harvesting of plants.

"Applicant" means any person seeking a permit; permit revision; renewal; or transfer, assignment or sale from the Department to conduct surface coal mining and reclamation operations or, where required, seeking approval for coal exploration.

"Applicant Violator System" or "AVS" means the computer system maintained by OSM to identify ownership or control links involving permit applicants, permittees, and persons cited in violation notices.

"Application" means the documents and other information filed with the Department for the issuance of permits; revisions; renewals; and transfer, assignment, or sale of permit rights for surface coal mining and reclamation operations or, when required, for coal exploration.

"Approximate original contour" means that surface configuration achieved by backfilling and grading of the mined areas 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 complements the drainage pattern of the surrounding terrain, with all highwalls, and spoil piles and coal refuse piles eliminated. Permanent water impoundments may be permitted where the Department has determined that they comply with 62 Ill. Adm. Code 1816.49 and 1816.56, 1816.133 or 1817.49, 1817.56 and 1817.133. (Section 1.03(a)(2) of the State Act)

"Aquifer" means a zone, stratum, or group of strata that can store and transmit water in sufficient quantities for specific use.

"Article" means an Article of the State Act.

"Auger mining" means a method of mining coal at a cliff or highwall by drilling holes into an exposed coal seam from the cliff or highwall and transporting the coal along an auger bit to the surface.

"Best technology currently available" means equipment, devices, systems, methods, or techniques that will:

prevent, to the extent possible, additional contributions of suspended solids to stream flow or runoff outside the permit area, but in no event result in contributions of suspended solids in excess of requirements set by 62 Ill. Adm. Code 1816.42; and

minimize, to the extent possible, disturbances and adverse impacts on fish, wildlife and related environmental values, and achieve enhancement of those resources where practicable. The term includes equipment, devices, systems, methods, or techniques that are currently available anywhere as determined by the Department, even if they are not in routine use. The term includes, but is not limited to, construction practices, siting requirements, vegetative selection and planting requirements, animal stocking requirements, scheduling of activities and design of sedimentation ponds in accordance with 62 Ill. Adm. Code 1816 and 1817.

"Boxcut" means the first open cut resulting in the placing of overburden on unmined land adjacent to the initial pit.

"Cemetery" means any area of land where human bodies are interred.

"Coal" means combustible carbonaceous rock, classified as anthracite, bituminous, subbituminous, or lignite by ASTM Standard D 388-84 found at pp. 247-252 in Vol 5.05 of the Annual Book of ASTM Standards published by the American Society for Testing and Materials, 1916 Race St., Philadelphia PA 19103.

"Coal exploration" means the field gathering of:

surface or subsurface geologic, physical, or chemical data by mapping, trenching, drilling, geophysical, or other techniques necessary to determine the quality and quantity of overburden and coal of an area; or

the gathering of environmental data to establish the conditions of an area before beginning surface coal mining and reclamation operations under the requirements of 62 Ill. Adm. Code 1700 through 1850.

"Coal mine waste" means coal processing waste and underground development waste.

"Coal mining operation" means the business of developing, producing, preparing or loading bituminous coal, subbituminous coal, anthracite, or lignite, or of reclaiming the area upon which the activities occur.

"Coal processing or coal preparation" means chemical or physical processing and the cleaning, concentrating, or other processing or preparation of coal.

"Coal preparation plant" means a facility where coal is subjected to chemical or physical processing or the cleaning, concentrating, or other processing or preparation. It includes facilities associated with coal preparation activities including, but not limited to the following: loading facilities; storage and stockpile facilities; sheds, shops and other buildings; water treatment and water storage facilities; settling basins and impoundments; coal processing and other waste disposal areas.

"Coal processing waste" means earth materials that are separated and wasted from the product coal during cleaning, concentrating, or other processing or preparation of coal.

"Combustible material" means organic material that is capable of burning, either by fire or through oxidation, accompanied by the evolution of heat and a significant temperature rise.

"Community or institutional building" means any structure, other than a public building or an occupied dwelling, that is used primarily for functions of community groups; used for an educational, cultural, historic, religious, scientific, correctional, mental-health or physical-health care facility; or is used for public services, including, but not limited to, water supply, power generation or sewage treatment.

"Compaction" means increasing the density of a material by reducing the voids between the particles and is generally accomplished by controlled placement and mechanical effort such as from repeated application of wheel, track, or roller loads from heavy equipment.

"Complete and accurate application" means an application for permit approval or approval for coal exploration when required, that the Department determines contains all information the State Act and 62 Ill. Adm. Code 1700 through 1850 require.

"Consolidated material" means materials of sufficient hardness or stability to resist weathering so as to inhibit erosion or sloughing.

"Control" or "Controller", when used in 62 Ill. Adm. Code 1773, 1774 and 1778, refers to or means:

a permittee of a surface coal mining operation;

an operator of a surface coal mining operation; or

any person who has the ability to determine the manner in which a surface coal mining operation is conducted.

"Cropland" means land used for the production of adapted crops for harvest, alone or in a rotation with grasses and legumes, and includes row crops, small grain crops, hay crops, nursery crops, orchard crops, and other similar specialty crops.

"Cumulative impact area" means the area, including the permit area, within which impacts resulting from the proposed operation may interact with the impacts of all anticipated mining on surface and groundwater systems. Anticipated mining shall include, at a minimum, the entire projected lives through bond release of:

the proposed operation;

all existing operations;

any operation for which a permit application has been submitted to the Department.

"Darkened surface soil" means mineral horizons formed at or adjacent to the surface of the soil that are higher in organic matter content and visibly darker in color than the immediately underlying horizons.

"Department" means the Illinois Department of Natural Resources, Office of Mines and Minerals, or its successor.

"Direct financial interest" means ownership or part ownership by an employee of lands, stocks, bonds, debentures, warrants, partnership shares, or other holdings and also means any other arrangement in which the employee may benefit from his or her holding in or salary from coal mining operations. Direct financial interests include employment, pensions, creditor, real property, and other financial relationships.

"Director" means the Director of the Department of Natural Resources.

"Disturbed area" means an area where vegetation, topsoil, or overburden is removed or upon which topsoil, spoil, coal processing waste, underground development waste, or noncoal waste is placed by surface coal mining operations. Those areas are classified as disturbed until reclamation is complete and the performance bond or other assurance of performance required by 62 Ill. Adm. Code 1800 is released.

"Diversion" means a channel, embankment, or other man-made structure constructed to divert water from one area to another.

"Downslope" means the land surface between the projected outcrop of the lowest coalbed being mined along each highwall and a valley floor.

"Drinking, domestic or residential water supply" means water received from a well or spring and any appurtenant delivery system that provides water for direct human consumption or household use. Wells and springs that serve only agricultural, commercial or industrial enterprises are not included except to the extent the water supply is for direct human consumption, human sanitation, or domestic use.

"Embankment" means an artificial deposit of material that is raised above the natural surface of the land and used to contain, divert, or store water, support roads or railways, or for other similar purposes.

"Employee" means:

any person employed by the Department who performs any function or duty under the Act; and

advisory board or commission members and consultants who perform any function or duty under the Act, if they perform decision-making functions for the Department under the authority of State law or regulations. However, members of advisory boards or commissions established in accordance with State law or regulations to represent multiple interests are not considered to be employees. State officials may through State law or regulations expand this definition to meet their program needs.

"Ephemeral stream" means a stream that meets both of the following requirements:

It flows only in direct response to precipitation in the immediate watershed or in response to the melting of a cover of snow and ice; and

It has a channel bottom that is always above the local water table.

"Excess spoil" means spoil material disposed of in a location other than the mined-out area; provided, the spoil material used to achieve the approximate original contour or to blend the mined-out area with the surrounding terrain in accordance with 62 Ill. Adm. Code 1816.102(d) and 1817.102(d) in nonsteep slope areas shall not be considered excess spoil.

"Existing structure" means a structure used in connection with surface coal mining and reclamation operations for which construction began prior to June 1, 1982.

"Extraction of coal as an incidental part" means the extraction of coal that is necessary to enable the construction to be accomplished. For purposes of 62 Ill. Adm. Code 1703, only that coal extracted from within the right-of-way, in the case of a road, railroad, utility line or other such construction, or within the boundaries of the area directly affected by other types of government-financed construction, may be considered incidental to that construction. Extraction of coal outside the right-of-way or boundary of the area directly affected by the construction shall be subject to the requirements of the Act and 62 Ill. Adm. Code 1703.

"Federal Director" means the Director of the Federal Office of Surface Mining Reclamation and Enforcement.

"Final cut" means the last pit created in a surface-mined area.

"Fragile lands" means geographic areas containing important natural, ecologic, scientific or esthetic resources that could be damaged or destroyed by surface coal mining operations. Examples of fragile lands include valuable habitats for fish or wildlife, critical habitats for endangered or threatened species of animals or plants, uncommon geologic formations, National Natural Landmark sites, areas where mining may cause flooding, environmental corridors containing a concentration of ecologic and esthetic features, areas of recreational value due to high environmental quality, and buffer zones adjacent to the boundaries of areas where surface coal mining operations are prohibited under Section 7.01 of the State Act [225 ILCS 720/7.01] and 62 Ill. Adm. Code 1761.11, if those areas have characteristics requiring additional areal protection or if the buffer zone itself contains fragile resources.

"Fugitive dust" means that particulate matter not emitted from a duct or stack which becomes airborne due to the forces of wind or surface coal mining and reclamation operations or both. During surface coal mining and reclamation, it may include emissions from haul roads; wind erosion of exposed surfaces, storage piles, and spoil piles; reclamation operations; and other activities in which material is either removed, stored, transported, or redistributed.

"Government financing agency" means a federal, State, county, municipal or other unit of local government, or a department, bureau, agency or office of the unit that, directly or through another unit of government, finances construction.

"Government-financed construction" means construction funded at 50 percent or more by funds appropriated from a government financing agency's budget or obtained from general revenue bonds. Government financing at less than 50 percent may qualify if the construction is undertaken as an approved reclamation project under Title IV of the Act. Construction funded through government financing agency guarantees, insurance, loans, funds obtained through industrial revenue bonds or their equivalent, or in-kind payments does not qualify as government-financed construction.

"Gravity discharge" means, with respect to underground mining activities, mine drainage that flows freely in an open channel downgradient. Mine drainage that occurs as a result of flooding a mine to the level of the discharge is not gravity discharge.

"Ground cover" means the area of ground covered by the combined aboveground parts of vegetation and by the litter that is produced naturally on site.

"Ground water" means subsurface water that fills available openings in rock or soil materials to the extent that they are considered water saturated.

"Head-of-hollow fill" means a fill structure consisting of any material, other than organic material, placed in the uppermost reaches of a hollow where side slopes of the existing hollow measured at the steepest point are greater than 20 degrees or the average slope of the profile of the hollow from the toe of the fill to the top of the fill is greater than ten degrees. In head-of-hollow fills, the top surface of the fill, when completed, is at approximately the same elevation as the adjacent ridge line, and no significant area of natural drainage occurs above the fill draining into the fill area.

"High capability land" means land not meeting the definition of prime farmland or land exempted in accordance with 62 Ill. Adm. Code 1785.17 when the Department determines the following three facts are present together:

The land is capable of being reclaimed for row-crop agricultural purposes;

The land is suitable for row-crop agricultural purposes based on U.S. Department of Agriculture, Soil Conservation Service (SCS) soil survey classifications of the affected land prior to mining (all soil types in capability Classes I, II, III and those soil types in capability Class IV with slopes of five percent or less), as set forth in Land-Capability Classification, Agriculture Handbook No. 210, published by the SCS 1973; and

The optimum future use of the land is for row-crop agricultural purposes.

"Highwall" means the face of exposed overburden and coal in an open cut of a surface coal mining activity or for entry to underground mining activities.

"Highwall remnant" means that portion of highwall that remains after backfilling and grading of a remining permit area.

"Higher or better uses" means post-mining land uses that have a higher economic value or nonmonetary benefit to the landowner or the community than the premining land uses.

"Historically used for cropland" means:

Lands that have been used for cropland for any five years or more out of the 10 years immediately preceding the acquisition, including purchase, lease, or option, of the lands for the purpose of conducting or allowing through resale, lease or option, the conduct of surface coal mining and reclamation operations;

Lands that the Department determines, on the basis of additional cropland history of the surrounding lands and the lands under consideration that the permit area is clearly cropland but falls outside the specific five-years-in-10 criterion, in which case the regulations for prime farmland shall be applied to include more years of cropland history only to increase the prime farmland acreage to be preserved; or

Lands that would likely have been used as cropland for any five out of the last 10 years, immediately preceding acquisition but for the same fact of ownership or control of the land unrelated to the productivity of the land.

"Historic lands" means, for purposes of implementing 62 Ill. Adm. Code 1762 and 1764, important historic, cultural, and scientific areas that could be damaged or be destroyed by surface coal mining operations. Examples of historic lands include archaeological and paleontological sites, National Historic Landmark sites, sites listed on or eligible for listing on a State or National Register of Historic Places, sites having religious or cultural significance to native Americans or religious groups or sites for which historic designation is pending.

"Hydrologic balance" means the relationship between the quality and quantity of water inflow to, water outflow from, and water storage in a hydrologic unit such as a drainage basin, aquifer, soil zone, lake, or reservoir. It encompasses the dynamic relationships among precipitation, runoff, evaporation, and changes in ground and surface water storage.

"Hydrologic regime" means the entire state of water movement in a given area. It is a function of the climate and includes the phenomena by which water first occurs as atmospheric water vapor, passes into a liquid or solid form, falls as precipitation, moves along or into the ground surface, and returns to the atmosphere as vapor by means of evaporation and transpiration.

"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 requirements of the State Act in a surface coal mining and reclamation operation, which could reasonably be expected to cause substantial physical harm to persons outside the permit area before the 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 condition or practice giving rise to the peril, would avoid exposure to the danger during the time necessary for abatement. (Section 1.03(a)(7) of the State Act)

"Impounding structure" means a dam, embankment, or other structure used to impound water, slurry, or other liquid or semi-liquid material.

"Impoundment" means a closed basin, naturally formed or artificially built, which is dammed or excavated for the retention of water, sediment or waste.

"Indirect financial interest" means the same financial relationships as for direct ownership, but from which the employee reaps the benefits of the interests, including interests held by his or her spouse, minor child and other relatives, including in-laws, residing in the employee's home. The employee will not be deemed to have an indirect financial interest if there is no relationship between the employee's duties and the coal mining operation in which the spouse, minor children, or other resident relatives hold a financial interest.

"In situ processes" means activities conducted in connection with in-place distillation, retorting, leaching, or other chemical or physical processing of coal. The term includes, but is not limited to, in situ gasification, in situ leaching, slurry mining, solution mining, borehole mining, and fluid recovery mining.

"Intermittent stream" means:

A stream or reach of a stream that drains a watershed of at least one square mile; or

A stream or reach of a stream that is below the local water table for at least some part of the year, and obtains its flow from both surface runoff and ground water discharge.

"Irreparable damage to the environment" means any damage to the environment in violation of the State Act or 62 Ill. Adm. Code, Chapter I that cannot be corrected by actions of the applicant.

"Knowing" or "Knowingly" means that a person who authorized, ordered or carried out an act or omission knew, or had reason to know, that the act or omission would result in either a violation or a failure to abate or correct a violation.

"Land capability" means the soils' premining capabilities based on the SCS classification system as found in Agriculture Handbook No. 210, Land-Capability Classification, (1973) as interpreted from the soils map for sustained production of commonly cultivated crops or for the production of permanent vegetation.

"Land eligible for remining" means those lands that would otherwise be eligible for expenditures under section 402(g)(4) or section 404 of the Surface Mining Control and Reclamation Act of 1977 (30 USC 1232(g)(4) and 1234).

"Land use" means specific uses or management-related activities, rather than the vegetation or cover of the land. Land uses may be identified in combination when joint or seasonal uses occur and may include land used for support facilities that are an integral part of the use. Changes of land use or uses from one of the following categories to another shall be considered as a change to an alternative land use which is subject to approval by the Department in accordance with 62 Ill. Adm. Code 1780.23.

"Cropland" means land used for the production of adapted crops for harvest, alone or in a rotation with grasses and legumes, and includes row crops, small grain crops, hay crops, nursery crops, orchard crops, and other similar specialty crops. Allowable support facilities include access roads, farm buildings, hedgerows, erosion control structures such as grassed waterways, terraces and sediment ponds, and other incidental facilities related to cropland management, except that no facility, other than erosion control structures, may be located on prime farmland.

"Pastureland" means land used primarily for the long-term production of adapted, domesticated forage plants to be grazed by the livestock or occasionally cut and cured for livestock feed. Allowable support facilities include access roads, farm buildings, erosion control structures such as grassed waterways, downdrains, terraces and sediment ponds, water impoundments used for stock watering, and other incidental facilities related to pasture management.

"Grazingland" means land used for grasslands and forest lands where the indigenous vegetation is actively managed for grazing, browsing, or occasional hay production.

"Forestry" means land used or managed for the long-term production of wood, wood fiber, or wood-derived products. Allowable support facilities include water impoundments, access and fire control lanes, erosion control structures such as grassed waterways, downdrains, terraces and sediment ponds, and other incidental facilities related to sound multiple use management of the forest resource.

"Residential" means land used for single- and multiple-family housing, mobile home parks, and other residential lodgings.

"Industrial/Commercial" means land used for:

Extraction or transformation of materials for fabrication of products, wholesaling of products, or for long-term storage of products. This includes all heavy and light manufacturing facilities.

Retail or trade of goods or services, including hotels, motels, stores, restaurants, and other commercial establishments.

"Recreation" is land used for public or private leisure-time use, including developed recreation facilities such as parks, camps, and amusement areas, as well as areas for less intensive uses such as hiking, canoeing, and other undeveloped recreational uses. Allowable support facilities include water impoundments, access roads, and other incidental facilities related to the recreational development of the area.

"Fish and wildlife habitat" is land dedicated wholly or partially to the production, protection, or management of fish or wildlife. Allowable support facilities include water impoundments, access lanes, erosion control structures such as grassed waterways, downdrains, terraces and sediment ponds, and other incidental facilities related to sound fish and wildlife management practices.

"Developed water resources" includes land used for storing water for beneficial uses such as stockponds, irrigation, fire protection, flood control, and water supply. Where appropriate, developed water resources are considered a joint or seasonal use with cropland, pastureland, forestry, recreation and fish and wildlife habitat.

"Undeveloped land or no current use or land management" includes land that is undeveloped or, if previously developed, land that has been allowed to return naturally to an undeveloped state or has been allowed to return to forest through natural succession. A post-mining designation of undeveloped land shall not be allowed for any land that is proposed to be affected by the mining operation.

"Material damage", in the context of 62 Ill. Adm. Code 1784.20 and 62 Ill. Adm. Code 1817.121, means:

Any functional impairment of surface lands, features, structures or facilities;

Any physical change that has a significant adverse impact on the affected land's capability to support any current or reasonably foreseeable uses or causes significant loss in production or income; or

Any significant change in the condition, appearance or utility of any structure or facility from its pre-subsidence condition.

"Mining operations or surface coal mining operations" means both surface mining operations and underground mining operations. (Section 1.03(a)(11) of the State Act)

"Moist bulk density" means the weight of soil (oven dry) per unit volume. Volume is measured when the soil is at field moisture capacity (⅓ bar moisture tension). Weight is determined after drying the soil at 105° C.

"MSHA" means the Mine Safety and Health Administration of the United States Department of Labor.

"Mulch" means vegetation residues or other suitable materials that aid in soil stabilization and soil moisture conservation, thus providing micro-climatic conditions suitable for germination and growth.

"Natural hazard lands" means geographic areas in which natural conditions exist that pose or, as a result of surface coal mining operations, may pose a threat to the health, safety or welfare of people, property or the environment, including areas subject to landslides, cave-ins, large or encroaching sand dunes, severe wind or soil erosion, frequent flooding, avalanches, and areas of unstable geology.

"Noxious plants" means any plant species listed as a "noxious weed" under regulations authorized by the Illinois Noxious Weed Law [505 ILCS 100]; any plant species whose seed is listed as a "prohibited (primary) noxious weed" or "restricted" (secondary) noxious weed" or "weed seeds" under regulations authorized by the Illinois Seed Law [505 ILCS 110]; or any plant that the Department of Agriculture has declared a pest under the Illinois Pesticide Act [415 ILCS 60].

"Occupied dwelling" means any building that is currently being used on a regular or temporary basis for human habitation.

"Office" means the Office of Surface Mining Reclamation and Enforcement, U.S. Department of the Interior.

"Operator" means any person engaged in coal mining who removes or intends to remove more than 250 tons of coal from the earth or from coal refuse piles by mining within 12 consecutive calendar months in any one location.

"Outslope" means the face of the spoil or embankment sloping downward from the highest elevation to the toe.

"Overburden" means material of any nature, consolidated or unconsolidated, that overlies a coal deposit, excluding topsoil.

"Own", "Owner" or "Ownership", as used in 62 Ill. Adm. Code 1773, 1774 and 1778 (except when used in the context of ownership of real property), means being a sole proprietor or owner of record in excess of 50 percent of the voting securities or other instruments of ownership of an entity.

"Ownership or control link" means any relationship included in the definition of owned or controlled or owns or controls at 62 Ill. Adm. Code 1773.5(a) and (b) or in the violations review provisions of 62 Ill. Adm. Code 1773.15(b). It includes any relationship presumed to constitute ownership or control under the definition of "owned or controlled" or "owns or controls" unless such presumption has been successfully rebutted under the provisions of 62 Ill. Adm. Code 1773.24 and 1773.25.

"Perennial stream" means a stream that flows continuously during all of the calendar year or part of a stream that flows continuously during all of the calendar year. The stream or part of a stream flows continuously as a result of groundwater discharge or surface runoff. The term does not include intermittent stream or ephemeral stream.

"Performance bond" means a surety bond, collateral bond, or a combination of surety bond and collateral bond, by which a permittee assures faithful performance of all the requirements of the Federal Act, the State Act, 62 Ill. Adm. Code, Chapter I, and the requirements of the permit and reclamation plan.

"Performing any function or duty under this Act" means those decisions or actions that, if an employee performed or did not perform, would affect the programs under the State Act.

"Permanent diversion" means a diversion remaining after surface coal mining and reclamation operations are completed that has been approved for retention by the Department and other appropriate State and federal agencies.

"Permanent impoundment" means an impoundment that the Department approved and, if required, is approved by other State and federal agencies for retention as part of the post-mining land use.

"Permit" means a permit to conduct surface coal mining and reclamation operations that the Department issues pursuant to the State program.

"Permit area" means the area of land and water within the boundaries of the permit that are designated on the permit application maps, as approved by the Department. This area shall include all areas:

that are or will be affected by the surface coal mining and reclamation operations during the term of the permit, including all disturbed areas;

where the operator proposes to conduct surface coal mining and reclamation operations under the permit; and

that are required to be bonded (see 62 Ill. Adm. Code 1800).

These areas shall be indicated on the approved map the operator submits with the operator's application. Areas adequately bonded under another valid permit may be excluded from a permit area. The permit area excludes the area defined in this Part as the shadow area.

"Permit term" means the period during which the permittee may engage in mining and reclamation operations under the permit. (Section 1.03(a)(18) of the State Act)

"Permittee" means a person holding or required by the State Act or 62 Ill. Adm. Code 1700 through 1850 to hold a permit to conduct surface coal mining and reclamation operations issued by a department pursuant to a State program.

"Person" means an individual, Indian tribe when conducting surface coal mining and reclamation operations on non-Indian lands, general partnership, limited partnership, business trust association, society, joint venture, joint stock company, firm, company, corporation, cooperative or other business organization, or any agency, unit, or instrumentality of federal, State or local government, including any publicly-owned utility or publicly-owned corporation of federal, State or local government.

"Person having an interest which is or may be adversely affected" or "Person with a valid legal interest" shall include any person:

Who uses any resources of economic, recreational, esthetic, or environmental value that may be adversely affected by coal exploration or surface coal mining and reclamation operations or any related action of the Secretary or the Department; or

Whose property is or may be adversely affected by coal exploration or surface coal mining and reclamation operations or any related action of the Secretary or the Department.

"Placeland" means undisturbed land before any mining activity.

"Precipitation event" means a quantity of water resulting from drizzle, rain, snow, sleet, or hail in a limited period of time. It may be expressed in terms of recurrence interval. Precipitation event also includes that quantity of water emanating from snow cover as snow-melt in a limited period of time.

"Previously mined area" means land that had been mined before August 3, 1977 that has not been reclaimed to the standards of 62 Ill. Adm. Code 1700 through 1850.

"Prime farmland" means those lands that are defined by the Secretary of Agriculture in 7 CFR 657 (January 31, 1978) and that have historically been used for cropland as defined in this Section.

"Principal shareholder" means any person who is the record or beneficial owner of 10 percent or more of any class of voting stock.

"Prohibited financial interest" means any direct or indirect financial interest in any coal mining operation.

"Property to be mined" means both the surface and mineral estates within the permit area and the mineral estate within the shadow area.

"Public building" means any structure that is owned or leased and principally used by a public government agency for public business or meetings.

"Public office" means a facility under the control of a governmental entity that is open to public access on a regular basis during reasonable business hours.

"Public park" means an area or portion of an area dedicated or designated by any federal, State, or local agency primarily for public recreational use, whether or not such use is limited to certain times or days, including any land leased, reserved or held open to the public because of that use.

"Publicly-owned park" means a public park that is owned by a federal, State or local governmental entity.

"Public road" means a road:

that has been designated as a public road pursuant to the law of the jurisdiction in which it is located;

that is maintained with public funds in a manner similar to other public roads of the same classification within the jurisdiction;

for which there is substantial (more than incidental) public use; and

that meets road construction standards for other public roads of the same classification in the local jurisdiction.

"Qualified registered professional engineer" means a civil engineer, mining engineer, environmental engineer or general engineer meeting the requirements of Section 9 of the Professional Engineering Practice Act of 1989 [225 ILCS 325].

"Rangeland" means land on which the natural potential (climax) plant cover is principally native grasses, forbs, and shrubs valuable for forage. This land includes natural grasslands and savannahs, such as prairies, and juniper savannahs, such as brushlands. Except for brush control, management is primarily achieved by regulating the intensity of grazing and season of use.

"Reasonably available spoil" means spoil and suitable coal mine waste material generated by the remining operation or other spoil or suitable coal mine waste material located in the permit area that is accessible and available for use and that when rehandled will not cause a hazard to public safety or significant damage to the environment.

"Recharge capacity" means the ability of the soils and underlying materials to allow precipitation and runoff to infiltrate and reach the zone of saturation.

"Reclamation" means those actions that 62 Ill. Adm. Code 1700 through 1850 requires to restore mined land to a post-mining land use that the Department has approved. These actions do not include subsidence control measures conducted in the shadow area to restore damaged land to pre-mining capability.

"Recurrence interval" means the interval of time in which a precipitation event is expected to occur once, on the average. For example, the 10-year, 24-hour precipitation event would be that 24-hour precipitation event expected to occur on the average once in 10 years.

"Reference area" means a land unit maintained under appropriate management for the purpose of measuring vegetation ground cover, productivity and plant species diversity that are produced naturally or by Department-approved crop production methods. Reference areas must be representative of geology, soil, slope, and vegetation in the permit area.

"Refuse pile" means a surface deposit of coal mine waste that does not impound water, slurry, or other liquid or semi-liquid material.

"Regional Director" means Regional Director of the Office or Regional Director of the Office's representative.

"Regulatory program" means Illinois' permanent regulatory program that the Office approved and set forth in 30 CFR 913.1-913.16 (July 19, 2004).

"Remining" means conducting surface coal mining and reclamation operations that affect previously mined areas.

"Renewable resource lands" means aquifers and areas for the recharge of aquifers and other underground waters, areas for agricultural or silvicultural production of food and fiber, and grazing lands.

"Replacement of water supply" means, with respect to protected water supplies contaminated, diminished, or interrupted by coal mining operations, provision of water supply on both a temporary and permanent basis equivalent to premining quantity and quality. Replacement includes provisions of an equivalent water delivery system and payment of operation and maintenance costs in excess of customary and reasonable delivery costs for premining water supplies.

Upon agreement by the permittee and the water supply owner, the obligation to pay operation and maintenance costs may be satisfied by a one-time payment in an amount that covers the present worth of the increased annual operation and maintenance costs for a period agreed to by the permittee and the water supply owner.

If the affected water supply was not needed for the land use in existence at the time of loss, contamination, or diminution, and if the supply is not needed to achieve the postmining land use, replacement requirements may be satisfied by demonstrating that a suitable alternative water source is available and could feasibly be developed. If the latter approach is selected, written concurrence must be obtained from the water supply owner.

"Responsible land management" means that combination of preparation, maintenance, fertilization and tilling of land capable of producing row crops that would be practiced by a person in the business of producing row crops on unmined land in the same region on the same, or similar, soil type as the mined land being managed, if the practices can reasonably be expected to continue after mining and reclamation are completed, as determined by the Department.

"Road" means a surface right-of-way for purposes of travel by land vehicles used in surface coal mining and reclamation operations or coal exploration. A road consists of the entire area within the right-of-way, including the roadbed, shoulders, parking and side areas, approaches, structures, ditches, and surface. The term includes access and haulroads constructed, used, reconstructed, improved, or maintained for use in surface coal mining and reclamation operations or coal exploration, including use by coal hauling vehicles to and from transfer, processing or storage areas. The term does not include ramps and routes of travel within the immediate mining area or within spoil or coal mine waste disposal areas.

"Safety factor" means the ratio of the available shear strength to the developed shear stress, or the ratio of the sum of the resisting forces to the sum of the loading or driving forces.

"Secretary" means the Secretary of the Interior or the Secretary's representative.

"Sedimentation pond" means an impoundment used to remove solids from water in order to meet water quality standards or effluent limitations before the water leaves the permit area.

"Shadow area" means any area beyond the limits of the permit area in which underground mine workings are located. This area includes all resources above and below the coal that are protected by the State Act that may be adversely impacted by underground mining operations including impacts of subsidence.

"Significant forest cover" means an area where the plant community consists predominantly of trees and other woody vegetation.

"Significant, imminent environmental harm to land, air or water resources" means:

An environmental harm is an adverse impact on land, air or water resources when the resources include, but are not limited to, plant and animal life;

An environmental harm is imminent if a condition, practice or violation exists which:

Is causing the harm; or

May reasonably be expected to cause harm at any time before the end of the reasonable abatement time that would be set under Section 8.06(c) of the State Act;

An environmental harm is significant if that harm is appreciable and not immediately reparable.

"Siltation structure" means a device, or devices, used to remove, collect or otherwise control runoff so that resulting outflow will meet applicable effluent standards.

"Slope" means average inclination of a surface measured from the horizontal, generally expressed as the ratio of a unit of vertical distance to a given number of units of horizontal distance (e.g., 1v:5h). It may also be expressed as a percent or in degrees.

"Soil horizons" means contrasting layers of soil parallel or nearly parallel to the land surface. Soil horizons are differentiated on the basis of field characteristics and laboratory data. The four master soil horizons are:

A horizon. The uppermost mineral layer, often called the surface soil or topsoil. It is the part of the soil in which organic matter is most abundant, and leaching of soluble or suspended particles is typically the greatest.

E horizon. The layer commonly near the surface below an A horizon and above a B horizon. An E horizon is most commonly differentiated from an overlying A horizon by lighter color and generally has measurably less organic matter than the A horizon. An E horizon is most commonly differentiated from the underlying B horizon in the same sequum by color of higher value or lower chroma, by coarser texture, or by a combination of these properties.

B horizon. The layer that typically is immediately beneath the A and E horizons and often called the subsoil. This middle layer commonly contains more clay, iron, or aluminum than the A, E, or C horizons.

C horizon. The deepest layer of the soil profile. It consists of loose material or weathered rock that is relatively unaffected by biologic activity.

"Soil survey" means a field and other investigation, resulting in a map showing the geographic distribution of different kinds of soils and an accompanying report that describes, classifies, and interprets the soils for use. Soil surveys must meet the standards of the National Cooperative Soil Survey as incorporated by reference in 62 Ill. Adm. Code 1785.17(c)(1).

"Spoil" means overburden that has been removed during surface coal mining operations.

"Stabilize" means to control movement of soil, spoil piles, or areas of disturbed earth by modifying the geometry of the mass, or by otherwise modifying physical or chemical properties, such as by providing a protective surface coating.

"State Act" means the Surface Coal Mining Land Conservation and Reclamation Act [225 ILCS 720].

"State regulatory program" means the Illinois program the Secretary approved on June 1, 1982 pursuant to 30 CFR 732.1 through 732.15 (September 30, 1983).

"State violation notice" means a violation notice issued by a State regulatory authority or by another agency or instrumentality of State government.

"Steep slope" means any slope of more than 20 degrees or such lesser slope as the Department may designate after consideration of such regional characteristics as soil and climate.

"Substantially disturb" means, for purposes of coal exploration, to impact significantly upon land, air or water resources by blasting; by removal of vegetation, topsoil, or overburden; by construction of roads or other access routes; by placement of excavated earth or waste material on the natural land surface or by other such activities; or to remove more than 250 tons of coal.

"Substantial legal and financial commitments in a surface coal mining operation" means significant investments that have been made on the basis of a long-term coal contract in power plants, railroads, coal-handling, preparation, extraction or storage facilities, and other capital-intensive activities. An example would be an existing mine, not actually producing coal, but in a substantial stage of development prior to production. Costs of acquiring the coal in place or of the right to mine it without an existing mine alone, as described in this example, are not sufficient to constitute substantial legal and financial commitments.

"Successor in interest" means any person who succeeds to rights granted under a permit, by transfer, assignment, or sale of those rights.

"Surface mining activities" means those surface coal mining and reclamation operations incident to the extraction of coal from the earth by removing the materials over the coal seam, before recovering the coal, by auger coal mining, or by recovery of coal from a deposit that is not in its original geologic location.

"Surface coal mining and reclamation operations" or "mining and reclamation operations" means surface coal mining operations and all activities necessary or incidental to the reclamation of such operations. This term includes the term "surface coal mining operations".

"Surface coal mining operations" or "mining operations" means:

Activities conducted on the surface of lands in connection with a surface coal mine or subject to the requirements of section 516 of the Federal Act, surface operations and surface impacts incident to an underground coal mine, the products of which enter commerce, or the operations of which directly or indirectly affect interstate commerce. These 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, the uses of explosives and blasting; in situ distillation or retorting; leaching or other chemical or physical processing; and the cleaning, concentrating, or other processing or preparation of coal. These activities also include the loading of coal for interstate commerce at or near the mine-site, provided, these activities do not include the extraction of coal incidental to the extraction of other minerals, when coal does not exceed 16⅔% of the tonnage of minerals removed for purposes of commercial use or sale, or coal exploration subject to section 512 of the Federal Act; and provided further, that excavation for the purpose of obtaining coal includes extraction of coal from coal refuse piles; and

The areas upon which the activities described in the first paragraph of this definition occur or where those activities disturb the natural land surface. These areas shall also include any adjacent land the use of which is incidental to these 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 those activities and for haulage and excavation, workings, impoundments, dams, ventilation shafts, entryways, 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 material on the surface, resulting from or incident to those activities.

"Surface mining operations" means 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 use 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 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. (Section 1.03(a)(24) of the State Act)

"Suspended solids" or nonfilterable residue, expressed as milligrams per liter, means any materials carried or held in suspension in water that are retained by a standard glass fiber filter in the procedure outlined by the Environmental Protection Agency's regulations for waste water and analyses (40 CFR 136) (May 18, 2012).

"Temporary diversion" means a diversion of a stream or overland flow that is used during coal exploration or surface coal mining and reclamation operations and that the Department has not approved to remain after reclamation.

"Temporary impoundment" means an impoundment used during coal exploration or surface coal mining and reclamation operations and that the Department has not approved to remain after reclamation.

"Ton" means 2000 pounds avoirdupois (.90718 metric ton).

"Topsoil" means the A and E soil horizon layers of the four master soil horizons.

"Toxic-forming materials" means earth materials or wastes that, if acted upon by air, water, weathering, or microbiological processes, are likely to produce chemical or physical conditions in soils or water that are detrimental to living organisms or uses of water.

"Toxic mine drainage" means water that is discharged from active or abandoned mines or other areas affected by coal exploration or surface coal mining and reclamation operations that contains a substance that, through chemical action or physical effects, is likely to kill, injure or impair living organisms commonly present in the area that might be exposed to it.

"Transfer, assignment or sale of permit rights" means a change of a permittee.

"Underground development waste" means waste rock mixtures resulting from development of areas for underground mining activities.

"Underground mining activities" means a combination of:

Surface operations incident to underground extraction of coal or in situ processing, such as construction, use, maintenance, and reclamation of roads, above-ground repair areas, storage areas, processing areas, shipping areas, areas upon which are sited support facilities including hoist and ventilating ducts, areas utilized for the disposal and storage of waste, and areas on which materials incident to underground mining operations are placed; and

Underground operations such as underground construction, operation, and reclamation of shafts, adits, underground support facilities, in situ processing, and underground mining, hauling, storage, and blasting.

"Underground mining operations" means:

the underground excavation of coal; and

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

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. (Section 1.03(a)(26) of the State Act)

"Unwarranted failure to comply" means the failure of a permittee to prevent the occurrence of any violation of the operator's permit or any requirement of the State Act due to indifference, lack of diligence, or lack of reasonable care, or the failure to abate any violation of such permit of the State due to indifference, lack of diligence, or lack of reasonable care. (Section 1.03(a)(27) of the State Act)

"Valid existing rights". The definition of "valid existing rights" can be found in 62 Ill. Adm. Code 1761.5.

"Valley fill" means a fill structure consisting of any material, other than organic material, that is placed in a valley where side slopes of the existing valley, measured at the steepest point, are greater than 20 degrees, or where the average slope of the profile of the valley from the toe of the fill to the top of the fill is greater than 10 degrees.

"Violation", when used in the context of the permit application information or permit eligibility requirements of sections 507 and 510(c) of the Federal Act and Section 2.08 of the State Act and related regulations, means:

A failure to comply with an applicable provision of a federal or State law or regulation pertaining to air or water environmental protection, as evidenced by a written notification from a governmental entity to the responsible person; or

A noncompliance for which the Office has provided one or more of the following types of notice or a State regulatory authority has provided equivalent notice under corresponding provisions of a State regulatory program:

A notice of violation under 62 Ill. Adm. Code 1843.12;

A cessation order under 62 Ill. Adm. Code 1843.11;

A final order, bill or demand letter pertaining to a delinquent civil penalty assessed under 62 Ill. Adm. Code 1845 or 1846;

A bill or demand letter pertaining to delinquent reclamation fees owed under 30 CFR 870, effective November 14, 2008 (no incorporation in this Part includes later additions or amendments);

A notice of bond forfeiture under 62 Ill. Adm. Code 1800.50 when:

One or more violations upon which the forfeiture was based have not been abated or corrected;

The amount forfeited and collected is insufficient for full reclamation under Section 1800.50(e)(1), the regulatory authority orders reimbursement for additional reclamation costs, and the person has not complied with the reimbursement order; or

The site is covered by self-bonding approved under 62 Ill. Adm. Code 1800.11(e), that self-bonding system requires reimbursement of any reclamation costs incurred above those covered by any site-specific bond, and the person has not complied with the reimbursement requirement and paid any associated penalties.

"Violation notice" means any written notification, from a governmental entity, whether by letter, memorandum, judicial or administrative pleading, or other written communication, as specified in the definition of violation in this Appendix.

"Water table" means the upper surface of a zone of saturation, where the body of ground water is not confined by an overlying impermeable zone.

"Wetland" means land that has a predominance of hydric soils (soils that are usually wet and where there is little or no free oxygen) and that is inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of hydrophytic vegetation (plants typically found in wet habitats) typically adapted for life in saturated soil conditions. Areas are restored or created as the result of mitigation or planned construction projects and that function as a wetland are included within this definition even when all three wetland parameters are not present.

"Willful" or "Willfully" means that a person who authorized, ordered or carried out an act or omission that resulted in either a violation or the failure to abate or correct a violation, acted:

Intentionally, voluntarily, or consciously; and

With intentional disregard or plain indifference to legal requirements.

History

• Source: Amended at 43 Ill. Reg. 12860, effective October 16, 2019

Part 1702 Exemption for Coal Extraction Incidental to the Extraction of Other Minerals

62 Ill. Adm. Code 1702.1 Scope

This Part implements the exemption contained in Section 1.06(b) of the Surface Coal Mining Land Conservation and Reclamation Act (Ill. Rev. Stat. 1989, ch. 96 1/2, par. 7901.06(b)) (State Act) concerning the extraction of coal incidental to the extraction of other minerals where coal does not exceed 16 2/3 percent of the total mineral tonnage mined for purposes of commercial use or sale.

62 Ill. Adm. Code 1702.5 Definitions

As used in this Part, the following terms have the meaning specified, except where otherwise indicated:

a) "Cumulative measurement period" means the period of time over which both cumulative production and cumulative revenue are measured.

1. For purposes of determining the beginning of the cumulative measurement period, subject to the Department's approval, the operator must select and consistently use one of the following:

A) For mining areas where coal or other minerals were extracted prior to August 3, 1977, the date extraction of coal or other minerals commenced at that mining area or August 3, 1977; or

B) For mining areas where extraction of coal or other minerals commenced on or after August 3, 1977, the date extraction of coal or other minerals commenced at that mining area.

2. For annual reporting purposes pursuant to Section 1702.18, the end of the period for which cumulative production and revenue is calculated is either:

A) For mining areas where coal or other minerals were extracted prior to April 1, 1990, March 31, 1990, and every March 31 thereafter; or

B) For mining areas where extraction of coal or other minerals commenced on or after April 1, 1990, the last day of the calendar quarter during which coal extraction commenced, and each anniversary of that day thereafter.

b) "Cumulative production" means the total tonnage of coal or other minerals extracted from a mining area during the cumulative measurement period. The inclusion of stockpiled coal and other mineral tonnages in this total is governed by Section 1702.16.

c) "Cumulative revenue" means the total revenue derived from the sale of coal or other minerals and the fair market value of coal or other minerals transferred or used, but not sold, during the cumulative measurement period.

d) "Mining area" means an individual excavation site or pit from which coal, other minerals and overburden are removed.

e) "Other minerals" means any commercially valuable substance mined for its mineral value, excluding coal, topsoil, waste and fill material.

62 Ill. Adm. Code 1702.10 Information Collection

The collections of information contained in Sections 1702.11, 1702.12, 1702.13, 1702.15 and 1702.18 will be used to determine the initial and continuing applicability of the incidental mining exemption to a particular mining operation. Response is required to obtain and maintain the incidental mining exemption in accordance with Section 1.06(b) of the State Act.

62 Ill. Adm. Code 1702.11 Application Requirements and Procedures

a) Application for exemption.

1. Any person who plans to commence or continue coal extraction after the effective date of this Part in reliance on the incidental mining exemption shall file a complete application for exemption with the Illinois Department of Natural Resources (Department) for each mining area.

2. No person may commence coal extraction based upon the exemption until the Department approves such application for exemption, except as provided in subsection (e)(3) below.

b) Existing operations. Any person who has commenced coal extraction at a mining area in reliance upon the incidental mining exemption prior to the effective date of this Part may continue mining operations for sixty (60) days after such effective date. Coal extraction may not continue after such sixty (60) day period unless that person files an administratively complete application for exemption with the Department. If an administratively complete application is filed within sixty (60) days, the person may continue extracting coal in reliance on the exemption beyond the sixty (60) day period until the Department makes an administrative decision on such application.

c) Additional information. The Department shall notify the applicant if the application for exemption is incomplete and may at any time require submittal of additional information.

d) Public comment period. Written comments or objections to an application for exemption may be submitted to the Department by any person having an interest which is or may be adversely affected by the decision on the application within thirty (30) days after the newspaper notice required by Section 1702.12(i).

e) Exemption determination.

1. No later than ninety (90) days after the filing of an administratively complete application, the Department shall make a written determination whether, and under what conditions, the persons claiming the exemption are exempt under this Part, and shall notify the applicant and persons submitting comments on the application of the determination and the basis for the determination.

2. The determination of exemption shall be based upon information contained in the application and any other information available to the Department at that time.

3. If the Department fails to provide an applicant with the determination as specified in subsection (e)(1) above, an applicant who has not begun may commence coal extraction pending a determination on the application unless the Department issues an interim finding, together with reasons therefor, that the applicant may not begin coal extraction.

f) Administrative hearing.

1. Any adversely affected person may request administrative review of a determination under subsection (e) above within thirty (30) days of the notification of such determination in accordance with procedures established under 62 Ill. Adm. Code 1847.3. The hearing shall be conducted in accordance with 62 Ill. Adm. Code 1847.3.

2. A petition for administrative hearing filed in accordance with 62 Ill. Adm. Code 1847.3 shall not suspend the effect of a determination under subsection (e) above.

History

• Source: Amended at 17 Ill. Reg. 10936, effective July 1, 1993

62 Ill. Adm. Code 1702.12 Contents of Application for Exemption

An application for exemption shall include:

a) The name and address of the applicant;

b) A list of the minerals sought to be extracted;

c) Estimates of annual production of coal and the other minerals within each mining area over the anticipated life of the mining operation;

d) Estimated annual revenues to be derived from bona fide sales of coal and other minerals to be extracted from the mining area;

e) Where coal or the other minerals are to be used rather than sold, estimated annual fair market values at the time of projected use of the coal and other minerals to be extracted from the mining area;

f) The basis of annual production, revenue, and fair market value estimates;

g) A description, including county, township if any, and boundaries of the land, of sufficient certainty that the mining areas may be located and distinguished from other mining areas;

h) An estimate to the nearest acre of the number of acres that will compose the mining area over the anticipated life of the mining operations;

i) Evidence of publication, in a newspaper of general circulation in the county of the mining area, of a public notice that an application for exemption has been filed with the Department. The public notice must identify the persons claiming the exemption and must contain a description of the proposed operation and its locality that is sufficient for interested persons to identify the operation;

j) Representative stratigraphic cross-section(s) based on test borings or other information identifying and showing the relative position, approximate thickness and density of the coal and each other mineral to be extracted for commercial use or sale and the relative position and thickness of any material, not classified as other minerals, that will also be extracted during the conduct of mining activities;

k) A map of appropriate scale which clearly identifies the mining area;

l) A general description of mining and mineral processing activities for the mining area;

m) A summary of sales commitments and agreements for future delivery, if any, which the applicant has received for other minerals to be extracted from the mining area, or a description of potential markets for such minerals;

n) If the other minerals are to be commercially used by the applicant, a description specifying the use;

o) For operations having extracted coal or other minerals prior to filing an application for exemption, in addition to the information required above, the following information must also be submitted:

1. Any documents the operator has received from the Department documenting its exemption from the requirements of the State Act;

2. The cumulative production of the coal and other minerals from the mining area;

3. Estimated tonnages of stockpiled coal and other minerals; and

p) Any other information the applicant believes is pertinent to the qualification of the operation as exempt.

History

• Source: Amended at 17 Ill. Reg. 10936, effective July 1, 1993

62 Ill. Adm. Code 1702.13 Public Availability of Information

a) Except as provided in Section 1702.13(b), all information submitted to the Department under this Part shall be made immediately available for public inspection and copying at the Department's Springfield and Benton Land Reclamation Division Offices until at least three (3) years after expiration of the period during which the subject mining area is active.

b) The Department may keep information submitted under this Part confidential if the person submitting it requests in writing, at the time of submission, that it be kept confidential and the information concerns trade secrets or is privileged commercial or financial information of the persons intending to conduct operations under this Part.

c) Information requested to be held as confidential under Section 1702.13(b) shall not be made publicly available until after notice and opportunity to be heard is afforded persons both seeking and opposing disclosure of the information.

62 Ill. Adm. Code 1702.14 Requirements for Exemption

a) Activities are exempt from the requirements of the State Act if all of the following are satisfied:

1. The cumulative production of coal extracted from the mining area determined annually as described in this Section does not exceed 16 2/3 percent of the total cumulative production of coal and other minerals removed during such period for purposes of bona fide sale or reasonable commercial use.

2. Coal is produced from a geological stratum lying above or immediately below the deepest stratum from which other minerals are extracted for purposes of bona fide sale or reasonable commercial use.

3. The cumulative revenue derived from the coal extracted from the mining area determined annually shall not exceed fifty (50) percent of the total cumulative revenue derived from the coal and other minerals removed for purposes of bona fide sale or reasonable commercial use. If the coal extracted or the minerals removed are used by the operator or transferred to a related entity for use instead of being sold in a bona fide sale, then the fair market value of the coal or other minerals shall be calculated at the time of use or transfer and shall be considered rather than revenue.

b) Persons seeking or that have obtained an exemption from the requirements of the State Act shall comply with the following:

1. Each other mineral upon which an exemption under this Part is based must be a commercially valuable mineral for which a market exists or which is mined in bona fide anticipation that a market will exist for the mineral in the reasonably foreseeable future, not to exceed twelve (12) months from the end of the current period for which cumulative production is calculated. A legally binding agreement for the future sale of other minerals is sufficient to demonstrate the above standard.

2. If either coal or other minerals are transferred or sold by the operator to a related entity for its use or sale, the transaction must be made for legitimate business purposes.

62 Ill. Adm. Code 1702.15 Conditions of Exemption and Right of Inspection and Entry

a) A person conducting activities covered by this Part shall:

1. Maintain on-site or at other locations available to authorized representatives of the Department or the Secretary of the Interior (Secretary) information necessary to verify the exemption including, but not limited to, commercial use and sales information, extraction tonnages, and a copy of the exemption application and exemption approved by the Department;

2. Notify the Department upon the completion of the mining operation or permanent cessation of all coal extraction activities; and

3. Conduct operations in accordance with the approved application or when authorized to extract coal under Section 1702.11(b) or Section 1702.11(e)(3) prior to submittal or approval of an exemption application, in accordance with the standards of this Part.

b) Authorized representatives of the Department or the Secretary shall have the right to conduct inspections of operations claiming exemption under this Part.

c) Each authorized representative of the Department or the Secretary conducting an inspection under this Part:

1. Shall have a right of entry to, upon, and through any mining and reclamation operations without advance notice or a search warrant, upon presentation of appropriate credentials;

2. May, at reasonable times and without delay, have access to and copy any records relevant to the exemption; and

3. Shall have a right to gather physical and photographic evidence to document conditions, practices or violations at a site.

d) No search warrant shall be required with respect to any activity under Section 1702.15(b) and (c), unless otherwise required by the Criminal Code of 1961. (Ill. Rev. Stat. 1989, ch. 38, pars. 108-1 et seq.)

62 Ill. Adm. Code 1702.16 Stockpiling of Minerals

a) Coal. Coal extracted and stockpiled may be excluded from the calculation of cumulative production until the time of its sale, transfer to a related entity or use:

1. Up to an amount equaling a 12-month supply of the coal required for future sale, transfer or use as calculated based upon the average annual sales, transfer and use from the mining area over the two preceding years; or

2. For a mining area where coal has been extracted for a period of less than two years, up to an amount that would represent a 12-month supply of the coal required for future sales, transfer or use as calculated based on the average amount of coal sold, transferred or used each month.

b) Other minerals.

1. The Department shall disallow all or part of an operator's tonnages of stockpiled other minerals for purposes of meeting the requirements of this Part if the operator fails to maintain adequate and verifiable records of the mining area of origin or the disposition of stockpiles, or if the disposition of the stockpiles indicates the lack of commercial use or market for the minerals.

2. The Department may only allow an operator to utilize tonnages of stockpiled other minerals for purposes of meeting the requirements of this Part if:

A) The stockpiling is necessary to meet market conditions or is consistent with generally accepted industry practices; and

B) Except as provided in Section 1702.16(b)(3), the stockpiled other minerals do not exceed the 12-month supply of the mineral required for future sales as approved by the Department on the basis of the exemption application.

3. The Department may allow an operator to utilize tonnages of stockpiled other minerals beyond the 12-month limit established in Section 1702.16(b)(2) if the operator can demonstrate to the Department's satisfaction that the additional tonnage is required to meet future business obligations of the operator, such as may be demonstrated by a legally binding agreement for future delivery of the minerals.

4. The Department may periodically revise the other mineral stockpile tonnage limits in accordance with the criteria established by Sections 1702.16(b)(2) and (3) based on additional information available to the Department.

62 Ill. Adm. Code 1702.17 Revocation and Enforcement

a) Department responsibility. The Department shall conduct an annual compliance review of the mining area, utilizing the annual report submitted pursuant to Section 1702.18, an on-site inspection and any other information available to the Department.

b) If the Department has reason to believe that a specific mining area was not exempt under the provisions of this Part at the end of the previous reporting period, is not exempt, or will be unable to satisfy the exemption criteria at the end of the current reporting period, the Department shall notify the operator that the exemption may be revoked unless the operator demonstrates to the Department within thirty (30) days that the mining area in question should continue to be exempt.

c) Exemption revocation.

1. If the Department finds that an operator has not demonstrated that activities conducted in the mining area qualify for the exemption, the Department shall revoke the exemption and immediately notify the operator and any person having an interest which is or may be adversely affected by the revocation and any person who submitted written comments or objections to the exemption application pursuant to Section 1702.11(d). If a decision is made not to revoke an exemption, the Department shall immediately notify the operator and any person having an interest which is or may be adversely affected by the decision and any person who submitted written comments or objections to the exemption application pursuant to Section 1702.11(d).

2. Any person having an interest which is or may be adversely affected may request administrative hearing of a decision whether to revoke an exemption within thirty (30) days of the notification of such decision in accordance with procedures established under 62 Ill. Adm. Code 1847.3.

3. A petition for administrative hearing filed under 62 Ill. Adm. Code 1847.3 shall not suspend the effect of a decision whether to revoke an exemption.

d) Direct enforcement.

1. An operator mining in accordance with the terms of an approved exemption shall not be cited for violations of the regulatory program which occurred prior to the revocation of the exemption.

2. An operator who does not conduct activities in accordance with the terms of an approved exemption shall be subject to direct enforcement action for violations of the regulatory program which occur during the period of such activities.

3. Upon revocation of an exemption or denial of an exemption application, an operator shall stop conducting surface coal mining operations until a permit is obtained and shall comply with the reclamation standards of 62 Ill. Adm. Code 1800 through 1850 with regard to conditions, areas and activities existing at the time of revocation or denial.

History

• Source: Amended at 17 Ill. Reg. 10936, effective July 1, 1993

62 Ill. Adm. Code 1702.18 Reporting Requirements

a) Written report.

1. Following approval by the Department of an exemption for a mining area, the person receiving the exemption shall, for each mining area, file a written report annually with the Department containing the information specified in subsection (b) below.

2. The report shall be filed no later than thirty (30) days after the end of the 12-month period as determined in accordance with the definition of "cumulative measurement period" in Section 1702.5.

3. The information in the report shall cover:

A) Annual production of coal and other minerals and annual revenue derived from coal and other minerals during the preceding 12-month period, and

B) The cumulative production of coal and other minerals and the cumulative revenue derived from coal and other minerals.

b) For each period and mining area covered by the report, the report shall specify:

1. The number of tons of extracted coal sold in bona fide sales and total revenue derived from such sales;

2. The number of tons of coal extracted and used or transferred by the operator or related entity and the estimated total fair market value of such coal;

3. The number of tons of coal stockpiled;

4. The number of tons of other commercially valuable minerals extracted and sold in bona fide sales and total revenue derived from such sales;

5. The number of tons of other commercially valuable minerals extracted and used or transferred by the operator or related entity and the estimated total fair market value of such minerals; and

6. The number of tons of other commercially valuable minerals removed and stockpiled by the operator.

History

• Source: Amended at 17 Ill. Reg. 10936, effective July 1, 1993

Chapter 1 Department of Natural Resources

Part 1703 Exemption for Coal Extraction Incident to Government-Financed Highway or Other Construction

62 Ill. Adm. Code 1703.5 Scope

a) This Part establishes the procedures for determining those surface coal mining and reclamation operations that are exempt from the Act and this Part because the extraction of coal is an incidental part of federal, State or local government-financed highway or other construction.

b) This Part exempts the extraction of coal that is incidental to government-financed construction from the requirements of the Act and this Part, if that extraction meets specified criteria which ensure the construction is government-financed and that the extraction of coal is incidental to it.

62 Ill. Adm. Code 1703.10 Responsibility

a) The Department is responsible for enforcing the requirements of this Part.

b) Any person conducting coal extraction as an incidental part of government-financed construction is responsible for possessing, on the site of the extraction operation, the documentation required by 30 CFR 707.12.

62 Ill. Adm. Code 1703.15 Applicability

a) Coal extraction that is an incidental part of government-financed construction is exempt from the Act and this Part.

b) Any person who conducts or intends to conduct coal extraction that does not satisfy subsection (a) shall not proceed until a permit has been obtained from the regulatory authority under a State regulatory program, federal regulatory program, or federal lands program.

62 Ill. Adm. Code 1703.20 Information to Be Maintained on Site

Any person extracting coal incident to government-financed highway or other construction who extracts more than 250 tons of coal or affects more than two acres shall maintain, on the site of the extraction operation and available for inspection, documents that show:

a) a description of the construction project;

b) the exact location of the construction, right-of-way or the boundaries of the area that will be directly affected by the construction; and

c) the government agency that is providing:

1. the financing; and

2. the kind and amount of public financing, including the percentage of the entire construction costs represented by the government financing.

Chapter I Department of Natural Resources

Part 1705 Restriction on Financial Interests of State Employees

62 Ill. Adm. Code 1705.2 Objectives

The objectives of this Part are:

a) To ensure, as required by Section 9.06 of the Surface Coal Mining Land Conservation and Reclamation Act (Ill. Rev. Stat. 1985, ch. 96 1/2, par. 7909.06) (State Act), that each employee does not have a direct or indirect financial interest in any surface coal mining operation.

b) To define the Director's monitoring, enforcing, and reporting responsibilities pursuant to Section 9.06 of the State Act.

History

• Source: Amended at 11 Ill. Reg. 8452, effective July 1, 1987

62 Ill. Adm. Code 1705.3 Authority (repealed)

History

• Source: Repealed at 11 Ill. Reg. 8452, effective July 1, 1987

62 Ill. Adm. Code 1705.4 Responsibility

a) The Illinois Department of Natural Resources (Department) shall:

1. Provide guidance to all employees required to file statements pursuant to Section 1705.11;

2. Promptly review the statements of employment and financial interests and supplements, if any, filed to determine if the employee has correctly identified interests constituting a direct or indirect financial interest in a surface coal mining operation;

3. Resolve prohibited financial interest situations by remedial action or by reporting the violations to the Office of Surface Mining Reclamation and Enforcement.

4. Certify on each financial statement that:

A) The Department reviewed the financial statement;

B) Any prohibited financial interests have been resolved; and

C) The State identifies no other prohibited interests.

5. Submit to the Office of Surface Mining Reclamation and Enforcement requested statistics and information to enable preparation of the required annual report to Congress;

6. Submit to the Office of Surface Mining Reclamation and Enforcement the initial listing and subsequent annual listings of positions which Section 1705.11(b), (c), and (d) require;

7. Furnish a blank statement forty-five (45) days in advance of the filing date which Section 1705.13(a) establishes to each employee required to file a statement; and

8. Inform annually each employee required to file a statement with the Director of the name, address, and telephone number of the person whom the employee may contact for advice and counseling.

b) Employees shall:

1. Not have any direct or indirect financial interest in surface coal mining operations;

2. File a fully completed statement of employment and financial interest:

A) Upon being hired, and

B) Annually thereafter by the date specified in Section 1705.13(a); and

3. Comply with directives issued by persons responsible for approving each statement and comply with directives issued by those persons responsible for ordering remedial action.

History

• Source: Amended at 11 Ill. Reg. 8452, effective July 1, 1987

62 Ill. Adm. Code 1705.6 Penalties

a) Section 9.06 of the State Act prohibits each employee of the Department who performs any function or duty under the State Act from having a direct or indirect financial interest in any surface coal mining operation. The State Act provides that whoever knowingly violates the provisions of Section 9.06 shall, upon conviction, be punished by a fine of not more than two thousand, five hundred dollars ($2,500), or by imprisonment of not more than one (1) year, or by both.

b) An employee who fails to file the required statement will be considered in violation of Section 9.06 of the State Act and will be subject to discharge or suspension pursuant to 80 Ill. Adm. Code 1.

History

• Source: Amended at 11 Ill. Reg. 8452, effective July 1, 1987

62 Ill. Adm. Code 1705.11 Who Shall File

a) Any employee who performs any function or duty under the State Act is required to file a statement of employment and financial interests. An employee who occupies a position which has been determined by the Director not to involve performance of any function or duty under the Act or who is no longer employed by the Department at the time a filing is due, is not required to file a statement.

b) The Director shall prepare a list of positions within Illinois state government that involve performance of any functions or duties under the State Act. Only those persons who occupy a listed position will be subject to the filing requirements of Section 517(g) of the Surface Mining Control and Reclamation Act of 1977 (the Federal Act) (30 U.S.C. 1201 et seq.).

c) The Director shall prepare and submit to the Federal Director, an initial listing of positions that do not involve performance of any functions or duties under the Act within sixty (60) days of the effective date of these regulations.

d) The Director shall annually review and update this listing. For monitoring and reporting reasons, the listing must be submitted to the Federal Director and must contain a written justification for inclusion of the positions listed. Proposed revisions or a certification that revision is not required shall be submitted to the Federal Director by no later than September 30 of each year. The Director may revise the listing of positions at any time the Director determines such revisions are required to carry out the purpose of the law or the purposes of Part 1705. Revisions in the listing of positions are effective upon notification to the holder of the positions added to or deleted from the list.

History

• Source: Amended at 11 Ill. Reg. 8452, effective July 1, 1987

62 Ill. Adm. Code 1705.13 When to File

a) Employees shall file annually on February 1 of each year, or at such other date as the Director of the Office of Surface Mining Reclamation and Enforcement may direct.

b) A new employee will be required to file upon becoming an employee.

c) An employee who has filed a statment pursuant to subsection (b) is not required to file a statement pursuant to subsection (a) if the employee filed a statement pursuant to subsection (b) after December 1, but before February 1 of the following year.

History

• Source: Amended at 11 Ill. Reg. 8452, effective July 1, 1987

62 Ill. Adm. Code 1705.15 Where to File

The Director shall file his or her statement with the Federal Director. All other employees, as provided in Section 1705.11, shall file their statement with the legal counsel to the Department.

History

• Source: Amended at 11 Ill. Reg. 8452, effective July 1, 1987

62 Ill. Adm. Code 1705.17 What to Report

a) Each employee shall report, on OSM Form 23, all employment and financial interests of the employee, the employee's spouse, minor children, or other relatives who are fulltime residents of the employee's home.

b) Listing of all financial interests. The employee is to answer the questions on OSM Form 23 as follows:

1. Employment. Any continuing financial interests in business entities and nonprofit organizations through a pension or retirement plan, shared income, salary, or other income arrangement as a result of prior or current employment. Retirement income is exempt from reporting if the Department's actions will not affect the amount of income to the employee, his or her spouse, or other resident relative. The employee is exempt from reporting any income from a retirement plan in which the income will be unaffected by the Department's actions.

2. Securities. Any financial interest in business entities and nonprofit organizations through ownership of stock, stock options, bonds, securities, or other arrangements including trusts. An employee is exempt from reporting holdings in widely diversified mutual funds, investment clubs, or regulated investment companies not specializing in surface coal mining operations.

3. Real property. Any ownership, lease, royalty, or other interest or rights in surface or mineral estates. An employee is exempt from reporting any land occupied as a personal resident.

4. Creditors. Any debts owed to business entities or nonprofit organizations which directly earn income from surface coal mining operations.

c) Employee certifications, and, if applicable, a listing of exceptions.

1. The employee must certify, to the best of the employee's knowledge, that:

A) None of the listed financial interests represent an interest in a surface coal mining operation unless the employee has specifically identified and described, on the certificate, the interest as exempted; and

B) The information shown on the statement is true and complete.

2. The Department expects each employee to:

A) Have complete knowledge of his or her personal involvement in business enterprises such as a sole proprietorship or partnership, his or her outside employment and the outside employment of the spouse and other covered relatives; and

B) Be aware of the information contained in the annual financial statement or other corporate or business reports routinely circulated to investors or routinely made available to the public.

3. The exceptions in OSM Form 23 should provide enough information for the Department's legal counsel to determine whether a direct or indirect financial interest exists. Accordingly, the exceptions should:

A) List the financial interests;

B) Show the number of shares, estimated value, or annual income of the financial interests; and

C) Include any other information which the employee believes should be considered in determining whether or not the interest represents a prohibited interest.

4. The employee's failure to list any prohibited financial interest may be cause for imposing the penalties prescribed in Section 1705.6(a).

History

• Source: Amended at 11 Ill. Reg. 8452, effective July 1, 1987

62 Ill. Adm. Code 1705.18 Gifts and Gratuities

a) Except as provided in subsection (b), employees shall not solicit or accept, directly or indirectly, any gift, gratuity, favor, entertainment, loan, or any other thing of monetary value from a company which conducts or is seeking to conduct surface coal mining operations.

b) The prohibitions in subsection (a) do not apply in the context of family or personal relationships, such as those between the parents, children, or spouse of the employee and the employee, when the circumstances make it clear that it is those relationships rather than the business of the persons concerned which are the motivating factors. An employee may accept:

1. Food and refreshments of nominal value on infrequent occasions in the ordinary course of a luncheon, dinner, or other meeting where an employee may properly be in attendance; and

2. Unsolicited advertising or promotional material, such as pens, pencils, note pads, calendars, and other items of nominal value.

c) Employees found guilty of violating the provisions of this Section will be disciplined pursuant to 80 Ill. Adm. Code 1.

History

• Source: Amended at 11 Ill. Reg. 8452, effective July 1, 1987

62 Ill. Adm. Code 1705.19 Resolving Prohibited Interests

Actions to be taken by the Director:

a) Remedial action to effect resolution. If an employee has a prohibited financial interest, the Director shall promptly advise the employee that remedial action which will resolve the prohibited interest is required within ninety (90) days.

b) The Director shall take one or more of the following remedial actions:

1. Reassignment of the employee to a position which performs no function or duty under the State Act;

2. Requiring the employee's divestiture of the prohibited financial interest; or

3. Other appropriate action which either eliminates the prohibited interest or eliminates the situation which creates the conflict.

History

• Source: Amended at 11 Ill. Reg. 8452, effective July 1, 1987

62 Ill. Adm. Code 1705.21 Appeals Procedures

Any employee who is dissatisfied with the Director's decision may file an appeal within thirty (30) days after the Department mails the Director's decision to the employee. The Department shall a hold a hearing in accordance with the procedures outlined in 62 Ill. Adm. Code 1847.3.

(Amended at 17 Ill. Reg. 11080, effective July 1, 1993)

Part 1761 Areas Designated by Act of Congress

62 Ill. Adm. Code 1761.1 Scope

This Part establishes the procedures and standards to be followed in determining whether a proposed surface coal mining and reclamation operation can be permitted in light of the prohibitions and limitations in Section 7.01 of The Surface Coal Mining Land Conservation and Reclamation Act (The State Act) for those types of operations on certain Federal, public and private lands.

62 Ill. Adm. Code 1761.5 Definition of Valid Existing Rights

Valid existing rights (VER) means a set of circumstances under which a person may, subject to regulatory authority approval, conduct surface coal mining operations on lands where Section 1761.11 would otherwise prohibit such operations. Possession of valid existing rights only confers an exception from the prohibitions of Section 1761.11 and 30 USC 1272(e). A person seeking to exercise valid existing rights must comply with all other pertinent requirements of the Act and the applicable regulatory program.

a) Property rights demonstration. Except as provided in subsection (c) of this definition, a person claiming valid existing rights must demonstrate that a legally binding conveyance, lease, deed, contract or other document vests that person, or a predecessor in interest, with the right to conduct the type of surface coal mining operations intended. This right must exist at the time that the land came under the protection of Section 1761.11. Applicable State statutory or case law will govern interpretation of documents relied upon to establish property rights, unless Federal law provides otherwise. If no applicable State law exists, custom and generally accepted usage at the time and place that the documents came into existence will govern their interpretation.

b) Except as provided in subsection (c) of this definition, a person claiming valid existing rights also must demonstrate compliance with one of the following standards:

1. Good faith/all permits standard. All permits and other authorizations required to conduct surface coal mining operations had been obtained, or a good faith effort to obtain all necessary permits and authorizations had been made, before the land came under the protection of Section 1761.11. At a minimum, an application must have been submitted for any permit required under 62 Ill. Adm. Code 1772 through 1785.

2. Needed for and adjacent standard. The land is needed for and immediately adjacent to a surface coal mining operation for which all permits and other authorizations required to conduct surface coal mining operations had been obtained, or a good faith attempt to obtain all permits and authorizations had been made, before the land came under the protection of Section 1761.11. To meet this standard, a person must demonstrate that prohibiting expansion of the operation onto that land would unfairly impact the viability of the operation as originally planned before the land came under the protection of Section 1761.11. Except for operations in existence before August 3, 1977, or for which a good faith effort to obtain all necessary permits had been made before August 3, 1977, this standard does not apply to lands already under the protection of Section 1761.11 when the regulatory authority approved the permit for the original operation or when the good faith effort to obtain all necessary permits for the original operation was made. In evaluating whether a person meets this standard, the agency making the determination may consider factors such as:

A) The extent to which coal supply contracts or other legal and business commitments that predate the time that the land came under the protection of Section 1761.11 depend upon use of that land for surface coal mining operations.

B) The extent to which plans used to obtain financing for the operation before the land came under the protection of Section 1761.11 rely upon use of that land for surface coal mining operations.

C) The extent to which investments in the operation before the land came under the protection of Section 1761.11 rely upon use of that land for surface coal mining operations.

D) Whether the land lies within the area identified on the life-of-mine map submitted under 62 Ill. Adm. Code 1779.24(c) or 1783.24(c) before the land came under the protection of Section 1761.11.

c) Roads. A person who claims valid existing rights to use or construct a road across the surface of lands protected by Section 1761.11 must demonstrate that one or more of the following circumstances exist if the road is included within the definition of "surface coal mining operations" in 62 Ill. Adm. Code 1701.Appendix A:

1. The road existed when the land upon which it is located came under the protection of Section 1761.11, and the person has a legal right to use the road for surface coal mining operations.

2. A properly recorded right of way or easement for a road in that location existed when the land came under the protection of Section 1761.11 and, under the document creating the right of way or easement, and under subsequent conveyances, the person has a legal right to use or construct a road across the right of way or easement for surface coal mining operations.

3. A valid permit for use or construction of a road in that location for surface coal mining operations existed when the land came under the protection of Section 1761.11.

4. Valid existing rights exist under subsections (a) and (b) of this definition.

History

• Source: Added at 27 Ill. Reg. 4625, effective February 26, 2003

62 Ill. Adm. Code 1761.11 Areas Where Mining Is Prohibited or Limited

Subject to valid existing rights, no surface coal mining operations shall be conducted after August 3, 1977, unless those operations existed on the date of enactment:

a) On any lands within the boundaries of the National Park System, the National Wildlife Refuge System, the National System of Trails, the National Wilderness Preservation System, the Wild and Scenic Rivers System, including study rivers designated under section 5(a) of the Wild and Scenic Rivers Act (16 USC 1276(a)) or study rivers or study river corridors as established in guidelines pursuant to that Act published at 47 FR 39454 (September 7, 1982), and National Recreation Areas designated by Act of Congress. The guidelines at 47 FR 39454 do not include any subsequent editions or amendments;

b) On any Federal lands within the boundaries of any national forest; provided, however, that surface coal mining operations may be permitted on such lands, if the Secretary of the United States Department of the Interior (Secretary) finds that there are no significant recreational, timber, economic, or other values which may be incompatible with surface coal mining operations; and surface operations and impacts are incident to an underground coal mine;

c) On any lands which will adversely affect any publicly owned park or any places included on the National Register of Historic Places, unless approved jointly by the Department and the Federal, State or local agency with jurisdiction over the park or places;

d) Within 100 feet measured horizontally of the outside right-of-way line of any public road, except:

1. Where mine access roads or haulage roads join such right of way lines; or

2. Where the Illinois Department of Natural Resources, Office of Mines and Minerals (Department) and the public road authority with jurisdiction over the road under Illinois law allows the public road to be relocated, closed, or where the Department allows the area affected to be within 100 feet of such road, after:

A) Public notice and opportunity for a public hearing in accordance with Section 1761.14; and

B) Making a written finding that the interests of the affected public and landowners will be protected;

e) Within 300 feet measured horizontally, from any occupied dwelling in existence, under construction, or contracted for at the time of public notice, except when:

1. The owner thereof has provided a written waiver, pursuant to Section 1761.15, consenting to surface coal mining operations closer than 300 feet; or

2. The part of the mining operation which is within 300 feet of the dwelling is a haul road or access road which connects with an existing public road on the side of the public road opposite the dwelling;

f) Within 300 feet measured horizontally of any public building, school, church, community or institutional building, or public park; or

g) Within 100 feet measured horizontally of a cemetery. Cemeteries may be relocated if authorized by applicable State law or regulations.

History

• Source: Amended at 29 Ill. Reg. 8330, effective May 27, 2005

62 Ill. Adm. Code 1761.12 Exceptions to Existing Operations

The prohibitions and limitations of Section 1761.11 do not apply to:

a) Surface coal mining operations for which a valid permit, issued under Illinois' approved regulatory program, exists when the land comes under the protection of Section 1761.11. This exception applies only to lands within the permit area as it exists when the land comes under the protection of Section 1761.11.

b) With respect to operations subject to the interim program rules at 62 Ill. Adm. Code 300, lands upon which validly authorized surface coal mining operations exist when the land comes under the protection of Section 1761.11.

History

• Source: Amended at 27 Ill. Reg. 4625, effective February 26, 2003

62 Ill. Adm. Code 1761.14 Procedures for Relocation or Closing of a Public Road or Waiving the Prohibition on Surface Coal Mining Operations Within the Buffer Zone of a Public Road

a) This Section does not apply to:

1. Lands for which a person has valid existing rights, as determined under Section 1761.16.

2. Lands within the scope of the exception for existing operations in Section 1761.12.

3. Access or haul roads that join a public road, as described in Section 1761.11(d)(1).

b) Subject to subsection (a), where the proposed mining operation is proposed to be conducted within 100 feet measured horizontally of the outside right-of-way line of any public road (except as provided in Section 1761.11(d)(2)) and the applicant does not have VER, or where the applicant proposes to relocate or close any public road, the Department shall:

1. Require the applicant to submit the request with an application for a new permit, a significant revision of a permit, an insignificant revision of a permit, or an incidental boundary revision, as applicable;

2. Require the applicant to obtain necessary approvals of the authority with jurisdiction over the public road for relocation or closure of a public road;

3. Provide public notice in a newspaper of general circulation of the affected locale of an opportunity for a public hearing in the locality of the proposed mining operation for the purpose of determining whether the interests of the public and affected landowners will be protected. Any person with an interest that is or may be adversely affected by the proposed mining operation may request in writing that the Department hold a public hearing. The request shall be submitted to the Department within 14 days after the newspaper notice required by this subsection (b)(3);

4. If a public hearing is requested, provide appropriate advance notice of the public hearing, to be published in a newspaper of general circulation in the affected locale at least two weeks prior to the hearing; and

5. Make a written finding based upon information received at the public hearing, or submitted in writing, as to whether the interests of the affected public and landowners will be protected from the proposed mining operations. No mining shall be allowed within 100 feet of the outside right-of-way line of a road, nor may a road be relocated or closed, unless the Department determines that the interests of the affected public and landowners will be protected.

i) If the proposal to conduct mining operations within 100 feet measured horizontally of the outside right-of-way line of any public road or to relocate or close any public road is contained in an application for a new permit pursuant to 62 Ill. Adm. Code 1773.13, or a significant revision pursuant to 62 Ill. Adm. Code 1774.13(b)(3), the written findings shall be issued concurrently with the permit decision pursuant to 62 Ill. Adm. Code 1773.15(a); or

ii) If the proposal to conduct mining operations within 100 feet measured horizontally of the outside right-of-way line of any public road or to relocate or close any public road is contained in an application for an insignificant revision pursuant to 62 Ill. Adm. Code 1774.13(b), or an incidental boundary revision pursuant to 62 Ill. Adm. Code 1774.13(d), the written findings shall be issued concurrently with the decision to issue or deny the revision.

History

• Source: Amended at 29 Ill. Reg. 8330, effective May 27, 2005

62 Ill. Adm. Code 1761.15 Procedures for Waiving the Prohibition on Surface Coal Mining Operations Within the Buffer Zone of an Occupied Dwelling

a) This Section does not apply to:

1. Lands for which a person has valid existing rights, as determined under Section 1761.16.

2. Lands within the scope of the exception for existing operations in Section 1761.12.

3. Access or haul roads that connect with an existing public road on the side of the public road opposite the dwelling, as provided in Section 1761.11(e)(2).

b) Where the proposed operation would be conducted within 300 feet, measured horizontally, of any occupied dwelling, the permit application must include a written waiver by lease, deed, or other conveyance from the owner of the dwelling. The waiver must clarify that the owner and signator had the legal right to deny mining and knowingly waived that right. The waiver will act as consent to surface coal mining operations within a closer distance of the dwelling, as specified.

c) If a valid waiver was obtained before August 3, 1977 from the owner of an occupied dwelling to conduct operations within 300 feet of the dwelling, a new waiver need not be submitted.

d) If a valid waiver was obtained from the owner of an occupied dwelling, that waiver will remain effective against subsequent purchasers who had actual or constructive knowledge of the existing waiver at the time of purchase. A subsequent purchaser will be deemed to have constructive knowledge if the waiver has been properly filed in public property records pursuant to State laws or if surface coal mining operations have entered the 300-foot zone before the date of purchase.

History

• Source: Added at 27 Ill. Reg. 4625, effective February 26, 2003

62 Ill. Adm. Code 1761.16 Submission and Processing of Requests for Valid Existing Rights Determinations

a) Basic framework for valid existing rights determinations. The following table identifies the agency responsible for making a valid existing rights determination and the definition that it must use, based upon which subsection of Section 1761.11 applies and whether the request includes Federal lands.

Subsection of 62 Ill. Adm. Code 1761.11 that provides protection

Protected feature

Type of land to which request pertains

Agency responsible for determination

Applicable definition of valid existing rights

(a)

National parks, wildlife refuges, etc.

Federal

OSM

Federal1

(a)

National parks, wildlife refuges, etc.

Non-Federal

Department

Federal1

(b)

Federal lands in national forest3

Federal

OSM

Federal1

(c)

Public parks and historic places

Does not matter

Department

Regulatory program2

(d)

Public roads

Does not matter

Department

Regulatory program2

(e)

Occupied dwellings

Does not matter

Department

Regulatory program2

(f)

Schools, churches, parks, etc.

Does not matter

Department

Regulatory program2

(g)

Cemeteries

Does not matter

Department

Regulatory program2

1 Definition in 30 CFR 761.5.

2 Definition in Section 1761.5.

3 Neither 30 USC 1272(e) nor 30 CFR 761.11 provides special protection for non-Federal lands within national forests. Therefore, this table does not include a category for those lands.

When the Department is the agency responsible for valid existing rights determinations, the procedures under subsections (b) through (g) of this Section apply.

b) The applicant or permittee must submit a request for a valid existing rights determination to the Department if it intends to conduct surface coal mining operations on the basis of valid existing rights under Section 1761.11 or wishes to confirm the right to do so. Such request may be submitted before preparing and submitting an application for a permit or boundary revision for the land.

1. Requirements for property rights demonstration. The applicant or permittee must provide a property rights demonstration under Section 1761.5(a) if the request relies upon the good faith/all permits standard or the needed for and adjacent standard in Section 1761.5(b). This demonstration must include the following items:

A) A legal description of the land to which the request pertains.

B) Complete documentation of the character and extent of the current interests in the surface and mineral estates of the land to which the request pertains.

C) A complete chain of title for the surface and mineral estates of the land to which the request pertains.

D) A description of the nature and effect of each title instrument that forms the basis for the request, including any provision pertaining to the type or method of mining or mining-related surface disturbances and facilities.

E) A description of the type and extent of surface coal mining operations that the applicant or permittee claims the right to conduct, including the method of mining, any mining-related surface activities and facilities, and an explanation of how those operations would be consistent with State property law.

F) Complete documentation of the nature and ownership, as of the date that the land came under the protection of Section 1761.11, of all property rights for the surface and mineral estates of the land to which the request pertains.

G) Names and addresses of the current owners of the surface and mineral estates of the land to which the request pertains.

H) If the coal interests have been severed from other property interests, documentation that the owners of other property interests in the land to which the request pertains have been notified and provided reasonable opportunity to comment on the validity of the applicant's or permittee's property rights claims.

I) Any comments received in response to the notification provided under subsection (b)(1)(H) of this Section.

2. Requirements for good faith/all permits standard. If the request relies upon the good faith/all permits standard in Section 1761.5(b)(1) of the definition of valid existing rights, the information required under subsection (b)(1) of this Section must be submitted. The following information about permits, licenses and authorizations for surface coal mining operations on the land to which the request pertains must also be submitted:

A) Approval and issuance dates and identification numbers for any permits, licenses, and authorizations that the applicant, permittee or predecessor in interest obtained before the land came under the protection of Section 1761.11.

B) Application dates and identification numbers for any permits, licenses, and authorizations for which the applicant, permittee or a predecessor in interest submitted an application before the land came under the protection of Section 1761.11.

C) An explanation of any other good faith effort that the applicant, permittee or a predecessor in interest made to obtain the necessary permits, licenses, and authorizations as of the date that the land came under the protection of Section 1761.11.

3. Requirements for needed for and adjacent standard. If the request relies upon the needed for and adjacent standard in subsection (b)(2) of the definition of valid existing rights in Section 1761.5, the applicant or permittee must submit the information required under subsection (b)(1) of this Section. In addition, the applicant or permittee must explain how and why the land is needed for and immediately adjacent to the operation upon which the request is based, including a demonstration that prohibiting expansion of the operation onto that land would unfairly impact the viability of the operation as originally planned before the land came under the protection of Section 1761.11.

4. Requirements for standards for mine roads. If the request relies upon one of the standards for roads in subsections (c)(1) through (c)(3) of the definition of valid existing rights in Section 1761.5, satisfactory documentation must be submitted that:

A) The road existed when the land upon which it is located came under the protection of Section 1761.11 and the applicant or permittee has a legal right to use the road for surface coal mining operations;

B) A properly recorded right of way or easement for a road in the location existed when the land came under the protection of Section 1761.11, and, under the document creating the right of way or easement, and under any subsequent conveyances, the applicant or permittee has a legal right to use or construct a road across that right of way or easement to conduct surface coal mining operations; or

C) A valid permit for use or construction of a road in that location for surface coal mining operations existed when the land came under the protection of Section 1761.11.

c) Initial review of request.

1. The Department must conduct an initial review to determine whether the request includes all applicable components of the submission requirements of subsection (b) of this Section. This review pertains only to the completeness of the request, not the legal or technical adequacy of the materials submitted.

2. If the request does not include all applicable components of the submission requirements of subsection (b) of this Section, the Department must give notice of such and establish a reasonable time for submission of the missing information.

3. When the request includes all applicable components of the submission requirements of subsection (b) of this Section, the Department must implement the notice and comment requirements of subsection (d) of this Section.

4. If information that the Department requests under subsection (c)(2) of this Section is not provided within the time specified or as subsequently extended, the Department must issue a determination that the applicant or permittee has not demonstrated valid existing rights, as provided in subsection (e)(4) of this Section.

d) Notice and comment requirements and procedures.

1. When the request satisfies the completeness requirements of subsection (c) of this Section, the applicant or permittee must publish a notice in a newspaper of general circulation in the county in which the land is located and provide the Department with a copy of the published notice. This notice must invite comment on the merits of the request. The Federal Office of Surface Mining will publish a similar notice in the Federal Register if the request involves Federal lands within an area listed in Section 1761.11(a) or (b). Each notice must include:

A) The location of the land to which the request pertains.

B) A description of the type of surface coal mining operations planned.

C) A reference to and brief description of the applicable standards under the definition of valid existing rights in Section 1761.5.

i) If the request relies upon the good faith/all permits standard or the needed for and adjacent standard in subsection (b) of the definition of valid existing rights in Section 1761.5, the notice also must include a description of the property rights that are claimed and the basis for such claim.

ii) If the request relies upon the standard in subsection (c)(1) of the definition of valid existing rights in Section 1761.5, the notice also must include a description of the basis for the applicant's or permittee's claim that the road existed when the land came under the protection of Section 1761.11. In addition, the notice must include a description of the basis for the applicant's or permittee's claim that it has a legal right to use that road for surface coal mining operations.

iii) If the request relies upon the standard in subsection (c)(2) of the definition of valid existing rights in Section 1761.5, the notice also must include a description of the basis for the claim that a properly recorded right of way or easement for a road in that location existed when the land came under the protection of Section 1761.11. In addition, the notice must include a description of the basis for the claim that, under the document creating the right of way or easement, and under any subsequent conveyances, the applicant or permittee has a legal right to use or construct a road across the right of way or easement to conduct surface coal mining operations.

D) If the request relies upon one or more of the standards in subsections (b), (c)(1) and (c)(2) of the definition of valid existing rights in Section 1761.5, a statement that the Department will not make a decision on the merits of the request if, by the close of the comment period under this notice or the notice required by subsection (d)(3) of this Section, a person with a legal interest in the land initiates appropriate legal action in the proper venue to resolve any differences concerning the validity or interpretation of the deed, lease, easement or other documents that form the basis of the applicant or permittee's claim.

E) A description of the procedures that the Department will follow in processing the request.

F) The closing date of the comment period, which must be a minimum of 30 days after the publication date of the notice.

G) A statement that interested persons may obtain a 30 day extension of the comment period upon request.

H) The name and address of the Department's office where a copy of the request is available for public inspection and to which comments and requests for extension of the comment period should be sent.

2. The Department must promptly provide a copy of the notice required under subsection (d)(1) of this Section to:

A) All reasonably locatable owners of surface and mineral estates in the land included in the request.

B) The owner of the feature causing the land to come under the protection of Section 1761.11, and, when applicable, the agency with primary jurisdiction over the feature with respect to the values causing the land to come under the protection of Section 1761.11. For example, both the landowner and the State Historic Preservation Officer must be notified if surface coal mining operations would adversely impact any site listed on the National Register of Historic Places. As another example, both the surface owner and the National Park Service must be notified if the request includes non-Federal lands within the authorized boundaries of a unit of the National Park System.

3. The letter transmitting the notice required under subsection (d)(2) of this Section must provide a 30 day comment period, starting from the date of service of the letter, and specify that another 30 days is available upon request. At its discretion, the Department may grant additional time for good cause upon request. The Department need not consider comments received after the closing date of that comment period.

e) How a decision will be made.

1. The Department must review the materials submitted under subsection (b) of this Section, comments received under subsection (d) of this Section and any other relevant, reasonably available information to determine whether the record is sufficiently complete and adequate to support a decision on the merits of the request. If not, the Department must notify the applicant or permittee in writing, explaining the inadequacy of the record and requesting submittal, within a specified reasonable time, of any additional information that the Department deems necessary to remedy the inadequacy.

2. Once the record is complete and adequate, the Department must determine whether the applicant or permittee has demonstrated valid existing rights. The decision document must explain how all applicable elements of the definition of valid existing rights in Section 1761.5 have or have not been satisfied. It must contain findings of fact and conclusions, and it must specify the reasons for the conclusions.

3. Impact of property rights disagreements. This subsection (e)(3) applies only when the request relies upon one or more of the standards in subsections (b), (c)(1) and (c)(2) of the definition of valid existing rights in Section 1761.5.

A) The Department must issue a determination that the applicant or permittee has not demonstrated valid existing rights if the property rights claims are the subject of pending litigation in a court or administrative body with jurisdiction over the property rights in question. The Department will make this determination without prejudice, meaning that the applicant or permittee may refile the request once the property rights dispute is finally adjudicated. This subsection (e)(3)(A) applies only to situations in which legal action has been initiated as of the closing date of the comment period under subsection (d)(1) or (d)(3) of this Section.

B) If the record indicates disagreement as to the accuracy of the property rights claims, but such disagreement is not the subject of pending litigation in a court or administrative agency of competent jurisdiction, the Department must evaluate the merits of the information in the record and determine whether the applicant or permittee has demonstrated that the requisite property rights exist under subsection (a), (c)(1) or (c)(2) of the definition of valid existing rights in Section 1761.5, as appropriate. The Department must then proceed with the decision process under subsection (e)(2) of this Section.

4. The Department must issue a determination that valid existing rights has not been demonstrated if information that the Department requests under subsection (c)(2) or (e)(1) of this Section is not submitted within the time specified or as subsequently extended. The Department will make this determination without prejudice, meaning that a revised request may be refiled at any time.

5. After making a determination, the Department must:

A) Provide a copy of the determination, together with an explanation of appeal rights and procedures, to the applicant or permittee, to the owner or owners of the land to which the determination applies, to the owner of the feature causing the land to come under the protection of Section 1761.11, and, when applicable, to the agency with primary jurisdiction over the feature with respect to the values that caused the land to come under the protection of Section 1761.11.

B) Publish notice of the determination in a newspaper of general circulation in the county in which the land is located. The applicant or permittee must publish this notice and provide a copy of the published notice to the Department. The Federal Office of Surface Mining will publish the determination, together with an explanation of appeal rights and procedures, in the Federal Register if the request includes Federal lands within an area listed in Section 1761.11(a) or (b).

f) Administrative and judicial review. A determination that an applicant or permittee has or does not have valid existing rights is subject to administrative and judicial review under 62 Ill. Adm. Code 1847.3.

g) Availability of records. The Department must make a copy of a request subject to notice and comment under subsection (d) of this Section available to the public in the same manner as the Department must make permit applications available to the public under 62 Ill. Adm. Code 1773.13(d). In addition, the Department must make records associated with that request, and any subsequent determination under subsection (e) of this Section, available to the public in accordance with the requirements and procedures of 62 Ill. Adm. Code 1840.14.

History

• Source: Amended at 29 Ill. Reg. 8330, effective May 27, 2005

62 Ill. Adm. Code 1761.17 Department Obligations at Time of Permit Application Review

a) Upon receipt of an administratively complete application for a permit for a surface coal mining operation, or an administratively complete application for revision of the boundaries of a surface coal mining operation permit, the Department must review the application to determine whether the proposed surface coal mining operation would be located on any lands protected under Section 1761.11.

b) The Department must reject any portion of the application that would locate surface coal mining operations on land protected under Section 1761.11 unless:

1. The site qualifies for the exception for existing operations under Section 1761.12;

2. A person has valid existing rights for the land, as determined under Section 1761.16;

3. The applicant obtains a waiver or exception from the prohibitions of Section 1761.11 in accordance with Sections 1761.14 and 1761.15; or

4. For lands protected by Section 1761.11(c), both the regulatory authority and the agency with jurisdiction over the park or place jointly approve the proposed operation in accordance with subsection (d) of this Section.

c) Location verification. If the Department has difficulty determining whether an application includes land within an area specified in Section 1761.11(a) or within the specified distance from a structure or feature listed in Section 1761.11(f) or (g), the Department must request that the Federal, State or local governmental agency with jurisdiction over the protected land, structure, or feature verify the location.

1. The request for location verification must:

A) Include relevant portions of the permit application.

B) Provide the agency with 30 days after receipt to respond, with a notice that another 30 days is available upon request.

C) Specify that the Department will not necessarily consider a response received after the comment period provided under subsection (c)(1)(B) of this Section.

2. If the agency does not respond in a timely manner, the Department may make the necessary determination based on available information.

d) Procedures for joint approval of surface coal mining operations that will adversely affect publicly owned parks or historic places.

1. If the Department determines that the proposed surface coal mining operation will adversely affect any publicly owned park or any place currently included in the National Register of Historic Places, the Department must request that the Federal, State or local agency with jurisdiction over the park or place either approve or object to the proposed operation. The request must:

A) Include a copy of applicable parts of the permit application.

B) Provide the agency with 30 days after receipt to respond, with a notice that another 30 days is available upon request.

C) State that failure to interpose an objection within the time specified under subsection (d)(1)(B) of this Section will constitute approval of the proposed operation.

2. The Department may not issue a permit for a proposed operation subject to subsection (d)(1) of this Section unless all affected agencies jointly approve.

3. Subsections (d)(1) and (d)(2) of this Section do not apply to:

A) Lands for which a person has valid existing rights, as determined under Section 1761.16.

B) Lands within the scope of the exception for existing operations in Section 1761.12.

History

• Source: Added at 27 Ill. Reg. 4625, effective February 26, 2003

Part 1762 Criteria for Designating Areas as Unsuitable for Surface Coal Mining Operations

62 Ill. Adm. Code 1762.1 Scope

This Part establishes the minimum criteria to be used in determining whether lands should be designated as unsuitable for all or certain types of surface coal mining operations.

History

• Source: Amended at 6 Ill. Reg. 1, effective June 1, 1982

62 Ill. Adm. Code 1762.11 Criteria for Designating Lands as Unsuitable

a) Upon petition, an area shall be designated as unsuitable for all or certain types of surface coal mining operations, if the Department determines that reclamation is not technologically and economically feasible under the Surface Coal Mining and Conservation and Reclamation Act (the State Act), and these regulations.

b) Upon petition, an area may be (but is not required to be) designated as unsuitable for certain types of surface coal mining operations, if the operations will:

1. Be incompatible with existing State or local land use plans or programs;

2. Affect fragile or historic lands in which the operations could result in significant damage to important historic, cultural, scientific, or esthetic values or natural systems;

3. Affect renewable resource lands in which the operations could result in a substantial loss or reduction of long-range productivity of water supply, or of food or fiber products; or

4. Affect natural hazard lands in which the operations could substantially endanger life and property, such lands to include areas subject to frequent flooding and areas of unstable geology.

History

• Source: Amended at 6 Ill. Reg. 1, effective June 1, 1982

62 Ill. Adm. Code 1762.12 Additional Criteria (repealed)

History

• Source: Repealed at 11 Ill. Reg. 8031, effective July 1, 1987

62 Ill. Adm. Code 1762.13 Land Exempt from Designation as Unsuitable for Surface Coal Mining Operations

The requirements of this Part do not apply to:

a) Lands on which surface coal mining operations were being conducted on the date of enactment;

b) Lands covered by a permit issued under the Act; or

c) Lands where substantial legal and financial commitments in surface coal mining operations were in existence prior to January 4, 1977.

62 Ill. Adm. Code 1762.14 Applicability to Lands Designated as Unsuitable by Congress

If the Department determines that the proposed surface coal mining operation is not prohibited under Section 7.01 of the State Act and 62 Ill. Adm. Code 1761.11, it may nevertheless, pursuant to appropriate petitions, designate such lands as unsuitable for all or certain types of surface coal mining operations pursuant to 62 Ill. Adm. Code 1762 or 1764.

History

• Source: Amended at 27 Ill. Reg. 4646, effective February 26, 2003

62 Ill. Adm. Code 1762.15 Exploration on Lands Designated as Unsuitable for Surface Coal Mining Operations

Designation of any area as unsuitable for all or certain types of surface coal mining operations pursuant to Section 7.02(a), (b) and (c) of the State Act and 62 Ill. Adm. Code 1761 through 1764 does not prohibit coal exploration operations in the area, if conducted in accordance with the State Act and 62 Ill. Adm. Code 1700 through 1850 and other applicable requirements. Exploration operations on any lands designated unsuitable for surface coal mining operations must be approved by the Department under 62 Ill. Adm. Code 1772 to insure that exploration does not interfere with any value for which the area has been designated unsuitable for surface coal mining.

History

• Source: Amended at 29 Ill. Reg. 8345, effective May 27, 2005

Part 1764 State Processes for Designating Areas Unsuitable for Surface Coal Mining Operations

62 Ill. Adm. Code 1764.11 General Process Requirements

The State shall establish a process enabling objective decisions to be made on which, if any, land areas of the State are unsuitable for all or certain types of surface coal mining operations. These decisions shall be based on competent, scientifically sound data, and other relevant information. This process shall include the requirements listed in this Part.

History

• Source: Amended at 11 Ill. Reg. 8567, effective July 1, 1987

62 Ill. Adm. Code 1764.13 Petitions

a) Right to petition. Any person having an interest which is or may be adversely affected has the right to petition the Illinois Department of Natural Resources (Department) to have an area designated as unsuitable for surface coal mining operations, or to have an existing designation terminated. For the purpose of this action, a person having an interest which is or may be adversely affected must demonstrate how he or she meets an "injury in fact" test by describing the injury to his or her specific affected interests and demonstrate how he or she is among the injured.

b) Designation. The Department shall determine what information must be provided by the petitioner to have an area designated as unsuitable for surface coal mining operations.

1. At a minimum, a complete petition for designation shall include:

A) The petitioner's name, address, telephone number, and notarized signature;

B) Identification of the petitioned area, including its location and size, and a U.S. Geological Survey topographic map outlining the perimeter of the petitioned area;

C) An identification of the petitioner's interest which is or may be adversely affected by surface coal mining operations, including a statement demonstrating how the petitioner satisfies the requirements of subsection (a);

D) A description of how mining of the area has affected or may adversely affect people, land, air, water or other resources, including the petitioner's interests; and

E) Allegations of fact and supporting evidence, covering all lands in the petition area, which tend to establish that the area is unsuitable for all or certain types of surface coal mining operations, pursuant to specific criteria of Sections 7.02(a) and (b) of the Surface Coal Mining Land Conservation and Reclamation Act [225 ILCS 720/7.02(a) and (b)] (State Act), assuming that contemporary mining practices required under applicable regulatory programs would be followed if the area were to be mined. Each of the allegations of fact should be specific as to the mining operation, if known, and the portion(s) of the petitioned area and petitioner's interests to which the allegation applies and be supported by evidence that tends to establish the validity of the allegations for the mining operation or portion of the petitioned areas.

2. The Department may request that the petitioner provide other supplementary information which is readily available.

c) Termination. The Department shall determine what information must be provided by the petitioner to terminate designations of lands as unsuitable for surface coal mining operations.

1. At a minimum, a complete petition for termination shall include:

A) The petitioner's name, address, telephone number, and notarized signature;

B) Identification of the petitioned area, including its location and size and a U.S. Geological Survey topographic map outlining the perimeter of the petitioned area to which the termination petition applies;

C) An identification of the petitioner's interest which is or may be adversely affected by the designation that the area is unsuitable for surface coal mining operations including a statement demonstrating how the petitioner satisfied the requirements of subsection (a);

D) Allegations of facts covering all lands for which the termination is proposed. Each of the allegations of fact shall be specific as to the mining operation, if any, and to portions of the petitioned area and petitioner's interests to which the allegation applies. The allegations shall be supported by evidence, not contained in the record of the designation proceeding, that tends to establish the validity of the allegations for the mining operation or portion of the petitioned area, assuming that contemporary mining practices required under applicable regulatory programs would be followed were the area to be mined. For areas previously and unsuccessfully proposed for termination, significant new allegations of facts and supporting evidence must be presented in the petition. Allegations and supporting evidence should also be specific to the basis for which the designation was made and tend to establish that the designation should be terminated on the following bases:

i) Nature or abundance of the protected resource or condition or other basis of the designation if the designation was based on criteria found in 62 Ill. Adm. Code 1762.11(b);

ii) Reclamation now being technologically and economically feasible if the designation was based on the criteria found in 62 Ill. Adm. Code 1762.11(a); or

iii) Resources or conditions not being affected by surface coal mining operations, or in the case of land use plans, not being incompatible with surface coal mining operations during and after mining, if the designation was based on the criteria found in 62 Ill. Adm. Code 1762.11(b).

2. The Department may request that the petitioner provide other supplementary information which is readily available.

History

• Source: Amended at 22 Ill. Reg. 20137, effective November 5, 1998

62 Ill. Adm. Code 1764.15 Initial Processing, Recordkeeping, and Notification Requirements

a) Processing of Petitions

1. Within 60 days after receipt of a petition, the Department shall notify the petitioner by certified mail whether or not the petition is complete under Section 1764.13(b) or (c). Complete, for a designation or termination petition, means that the information required under Section 1764.13(b) or (c) has been provided.

2. The Department shall determine whether any identified coal resources exist in the area covered by the petition, without requiring any showing from the petitioner. If the Department finds there are not any identified coal resources in that area, it shall return the petition to the petitioner with a statement of the findings.

3. If the Department determines that the petition is incomplete, frivolous, or that the petitioner does not meet the requirements of Section 1764.13(a), it shall return the petition to the petitioner with a written statement of the reasons for the determination and the categories of information needed to make the petition complete. A frivolous petition is one in which the allegations of harm lack serious merit.

4. When considering a petition for an area which was previously and unsuccessfully proposed for designation, the Department shall determine if the new petition presents significant new allegations of facts with evidence which tends to establish the allegations. If the petition does not contain such material, the Department shall not consider the petition and shall return the petition to the petitioner, with a statement of its findings and a reference to the record of the previous designation proceedings where the facts were considered.

5. The Department shall notify the person who submits a petition of any application for a permit received which includes any area covered by the petition.

6. The Department shall not process any petition received insofar as it pertains to lands for which an administratively complete permit application has been filed and the first newspaper notice has been published. Based on such a determination, the Department may issue a decision on a complete and accurate permit application and shall inform the petitioner why the Department cannot consider the part of the petition pertaining to the proposed permit area.

b) Promptly after a petition is received, the Department shall notify the general public of the receipt of the petition by a newspaper advertisement placed in the locale of the area covered by the petition, in the newspaper providing broadest circulation in the region of the petitioned area and in any official State register of public notices. The Department shall make copies of the petition available to the public and shall provide copies of the petition to other interested governmental agencies, intervernors, persons with an ownership interest of record in the property, and other persons known to the Department to have an interest in the property.

c) Land Report and Public Comment

1. After the petition is determined to be complete the Department shall prepare a Land Report. Each Land Report shall evaluate whether mining operations on the land which is subject to the petition would have any or all of the effects described in 62 Ill. Adm. Code 1762.11. Each Land Report shall contain a detailed statement on:

A) The potential resources of the area,

B) The demand for coal resources, and

C) The impact of a designation of such lands as unsuitable for mining on the environment, the economy, and the supply of coal.

2. The Land Report shall state objectively the information which the Department has, but shall not contain a recommendation with respect to whether the petition should be granted or denied. Each Land Report shall be completed not later than eight months after the petitioner has been notified the petition is complete under subsection (a)(1).

3. The Department shall print 100 copies of each Land Report, which shall be distributed as follows: One copy to each petitioner; one copy to the operator or operators; two copies to the County Clerks of the counties included in the petition, one of which is to be forwarded to the county commission or board of supervisors; one copy to the Office of Surface Mining Reclamation and Enforcement, and one copy to each office of the Land Reclamation Division for public use. Remaining copies may be provided to persons who have filed requests in the proceeding for a copy of the report.

4. Within three weeks after the determination that a petition is complete, the Department shall request submissions from the general public of relevant information, by a newspaper advertisement placed once a week for two consecutive weeks in the locale of the area covered by the petition, in the newspaper providing broadest circulation in the region of the petitioned area, and in any official State register of public notices.

d) Until three days before the Department holds a hearing under Section 1764.17, any person may intervene in the proceeding by filing allegations of facts, supporting evidence, a short statement identifying the petition to which the allegations pertain, and the intervenor's name, address, and telephone number.

e) Beginning immediately after a complete petition is filed, the Department shall compile and maintain a record consisting of all documents relating to the petition filed with or prepared by the Department. The Department shall make the record available for public inspection, free of charge, during all normal business hours at a central location of the county or multi-county area in which the land petitioned is located, and make available for copying at reasonable cost at the Department's main and regional offices.

History

• Source: Amended at 22 Ill. Reg. 20137, effective November 5, 1998

62 Ill. Adm. Code 1764.17 Hearing Requirements

a)

1. Within ten (10) months after receipt of a complete petition, the Department shall hold a public hearing in the locality of the area covered by the petition. If all petitioners and intervenors agree, the hearing need not be held. Any party to a hearing may be represented by counsel, make oral or written arguments, offer testimony and cross-examine witnesses, cause the issuance of subpoenas, or take any combination of such actions. The rules of evidence and privilege as applied in civil cases in the circuit courts of Illinois shall be followed. Irrelevant, immaterial, or unduly repetitious evidence shall be excluded. However, evidence not admissable under such rules of evidence, including, without limitation, citizen opinion on whether lands fall within the criteria for unsuitability and should be designated unsuitable, may be admitted if it is of a type commonly relied upon by reasonably prudent men in the conduct of their affairs. Objections to evidentiary offers may be made and shall be noted in the record. Subject to these requirements, when a hearing will be expedited, and the parties will not be prejudiced, any part of the evidence may be received in written form. The Department shall make a verbatim transcript of the hearing. All relevant parts of the data base and inventory system and all public comments received during the public comment period shall be included in the record and considered by the Department in its decision on the petition.

2. The Department's decision shall be made based on substantial evidence in the record, which shall, insofar as practicable, include competent and scientifically sound data and information or other relevant evidence supporting the decision. If any party desires to rely upon information specified in Section 1764.19(a), then by the close of the record or such other convenient time set by the hearing officer, it shall so notify the Department and other parties, specifying clearly the particular information relied on, the reasons for reliance and the alleged relevance, validity and effect on such information. Other parties shall have opportunity to comment thereon. If in the course of preparing its decision the Department uses information specified in Section 1764.19(a), and not noted by a party, notice of such use and opportunity for comment thereon shall be given the parties prior to the Department's final decision.

b)

1. The Department shall give notice of the date, time, and location of the hearing to:

A) Local, State, and Federal agencies which may have an interest in the decision on the petition;

B) The petitioner and the intervenors; and

C) Any person with an ownership or other interest known to the Department in the area covered by the petition. Proper notice to persons with an ownership interest of record shall comply with the requirements of applicable State law.

2. Notice of the hearing shall be sent by certified mail to petitioners and intervenors and by regular mail to government agencies and property owners involved in the proceeding, and postmarked not less than thirty (30) days before the scheduled date of the hearing.

3. Such notice shall state that a Land Report is available for public inspection and the locations at which it may be inspected. The Land Report must be available to the public at least thirty (30) days before the hearing required under this Section. Written comments on the Land Report may be submitted to the Department until three (3) days before the Department holds the hearing required by this Part.

c) The Department shall notify the general public of the date, time, and location of the hearing by placing a newspaper advertisement once (1) a week for two (2) consecutive weeks in the locale of the area covered by the petition and once (1) during the week prior to the public hearing. The consecutive weekly advertisement must begin between four (4) and five (5) weeks before the scheduled date of the public hearing.

d) The Department may consolidate in a single hearing the hearings required for each of several petitions which relate to areas in the same locale.

e) Prior to designating any land areas as unsuitable for surface coal mining operations, the Department shall prepare a detailed statement, using existing and available information on the potential coal resources of the area, the demand for coal resources, and the impact of such designation on the environment, the economy, and the supply of coal.

f) In the event that all petitioners and intervenors stipulate agreement prior to the hearing, the petition may be withdrawn from consideration.

History

• Source: Amended at 11 Ill. Reg. 8567, effective July 1, 1987

62 Ill. Adm. Code 1764.19 Decision

a) In reaching its decision, the Department shall use:

1. The information contained in the data base and inventory system;

2. Information provided by other governmental agencies;

3. The Land Report prepared under Section 1764.15(c); and

4. Any other relevant information submitted during the comment period.

b) The Department may decide to designate the petitioned land areas in whole or in part, not to designate the petitioned land areas, or to place conditions on future operations in all or part of the petitioned area which would successfully mitigate the impacts of such operations.

c) A final written decision shall be issued by the Department, including a statement of reasons, within sixty (60) days of completion of the public hearing, or, if no public hearing is held, then within twelve (12) months after receipt of the complete petition. The Department shall simultaneously send this final administrative decision by certified mail to the petitioner and intervenors and by regular mail to all other persons involved in the proceeding.

d) The final administrative decision of the Department with respect to a petition, or the failure of the Department to act within the time limits set forth in this Section, shall be subject to judicial review by a court of competent jurisdiction in accordance with State law under Section 8.10 of the State Act and 62 Ill. Adm. Code 1847.3(l). All relevant portions of the data base, inventory system, and public comments received during the public comment period set by the Department shall be considered and included in the record of the administrative proceeding.

History

• Source: Amended at 17 Ill. Reg. 11114, effective July 1, 1993

62 Ill. Adm. Code 1764.21 Data Base and Inventory System Requirements

a) The Department shall develop a data base and inventory system which will permit evaluation of whether reclamation is feasible in areas covered by petitions.

b) The Department shall include in the system information relevant to the criteria in 62 Ill. Adm. Code 1762.11, including, but not limited to, information received from the United States Fish and Wildlife Service, the State Historic Preservation Officer, and the agency administering Section 127 of the Clean Air Act, as amended (42 U.S.C. 7470 et seq.).

c) The Department shall add to the data base and inventory system information:

1. On potential coal resources of the State, demand for those resources, the environment, the economy and the supply of coal, sufficient to enable the Department to prepare the statements required by Section 1764.17(e); and

2. That becomes available from petitions, publications, experiments, permit applications, mining and reclamation operations, and other sources.

History

• Source: Amended at 11 Ill. Reg. 8567, effective July 1, 1987

62 Ill. Adm. Code 1764.23 Public Information

The Department shall:

a) Make the information from the data base and inventory system developed under Section 1764.21 available to the public for inspection free of charge and for copying at reasonable cost except that specific information relating to location of properties proposed to be nominated to, or listed in, the National Register of Historic Places need not be disclosed if the Department determines that the disclosure of such information would create a risk of destruction or harm to such properties;

b) Provide information to the public on the petition procedures necessary to have an area designated as unsuitable for all or certain types of surface coal mining operations or to have designations terminated and describe how the inventory and data base system can be used.

History

• Source: Amended at 11 Ill. Reg. 8567, effective July 1, 1987

62 Ill. Adm. Code 1764.25 Regulatory Authority Responsibility for Implementation

a) The Department shall not issue permits which are inconsistent with designations made pursuant to 62 Ill. Adm. Code 1761, 1762, or 1764.

b) The Department shall maintain a map or other unified and cumulative record of areas designated as unsuitable for all or certain types of surface coal mining operations.

c) The Department shall make available to any person any information within the Department's control regarding designations, including mineral or elemental content which is potentially toxic in the environment but excepting proprietary information on the chemical and physical properties of the coal.

History

• Source: Amended at 11 Ill. Reg. 8567, effective July 1, 1987

Part 1772 Requirements for Coal Exploration

62 Ill. Adm. Code 1772.1 Scope and Purpose

This part establishes the requirements and procedures applicable to coal exploration operations on all lands except for Federal lands subject to the requirements of 43 CFR 3480-3487 (1986).

62 Ill. Adm. Code 1772.11 Notice Requirements for Exploration Removing 250 Tons of Coal or Less

a) Any person who intends to conduct coal exploration operations outside the permit area during which less than 250 tons of coal will be removed shall prior to conducting the exploration, file with the Illinois Department of Natural Resources, Office of Mines and Minerals (Department) a written notice of intention to explore.

b) The notice shall include:

1. The name, address, and telephone number of the person seeking to explore;

2. The name, address, and telephone number of the person's representative who will be present at, and responsible for, conducting the exploration activities;

3. A statement of the period of intended exploration, and a precise narrative or other specific description of the location of the intended exploration which identifies which Sections will be affected;

4. A description of the method of exploration to be used and the practices that will be followed to protect the environment and to reclaim the area from adverse impacts of the exploration activities in accordance with the applicable requirements of 62 Ill. Adm. Code 1815;

5. In addition, the notice shall include a copy of a fully executed "Application for Test Hole Permit" (Form OG-7) or "Test Hole Record and Plugging Affidavit" (Form OG-8) if required by the Oil and Gas Division of the Department for the proposed activities. Forms are available from the Oil and Gas Division of the Department which will supervise closure in accordance with 62 Ill. Adm. Code 240.

c) A notice of intention to explore is not an application for a permit.

History

• Source: Amended at 20 Ill. Reg. 2084, effective January 19, 1996

62 Ill. Adm. Code 1772.12 Permit Requirements for Exploration Removing More Than 250 Tons of Coal

a) Any person who intends to conduct coal exploration outside a permit area during which more than 250 tons of coal will be removed or which will take place on lands designated as unsuitable for surface mining under 62 Ill. Adm. Code 1761 through 1764 shall before conducting the exploration submit an application and obtain written approval from the Department in an exploration permit.

b) Each application for an exploration permit shall contain, at a minimum, the following information:

1. The name, address, and telephone number of the applicant;

2. The name, address, and telephone number of the applicant's representative who will be present at, and be responsible for, conducting the exploration;

3. A narrative and map describing the proposed exploration area;

4. A narrative description of the methods and equipment to be used to conduct the exploration and reclamation;

5. An estimated time table for conducting and completing each phase of the exploration and reclamation;

6. The estimated amount of coal to be removed and a description of the methods to be used to determine the amounts;

7. A statement of why extraction of more than 250 tons of coal is necessary for exploration;

8. A description of:

A) Cultural or historical resources listed on the National Register of Historic Places,

B) Cultural or historical resources known to be eligible for listing on the National Register of Historic Places,

C) Known archeological resources located within the proposed exploration area, and

D) Any other information which the Department may require regarding known or unknown historic or archeological resources, based upon consultation with the Illinois State Historic Preservation Agency;

9. A description of any endangered or threatened species listed pursuant to the Endangered Species Act of 1973 (16 USC 1531 et seq.) identified within the proposed exploration area;

10. A description of the measures to be used to comply with the applicable requirements of 62 Ill. Adm. Code 1815;

11. The name and address of the owner of record of the surface land and of the subsurface mineral estate of the area to be explored;

12. A map or maps at a scale of 1:24,000 or larger, showing the areas of the proposed exploration and reclamation. The map shall specifically show existing roads, occupied dwellings, topographic and drainage features, bodies of surface water, and pipelines; proposed location of trenches, roads, and other access routes and structures to be constructed; the location of proposed land excavations; the location of exploration holes or other drill holes or underground openings; location of excavated earth or waste-material disposal areas; and the location of critical habitats of any endangered or threatened species listed pursuant to the Endangered Species Act of 1973 (16 USC 1531 et seq.);

13. If the surface is owned by a person other than the applicant, a description of the basis upon which the applicant claims the right to enter that land for the purpose of conducting exploration and reclamation; and

14. For any lands listed in 62 Ill. Adm. Code 1761.11, a demonstration that, to the extent technologically and economically feasible, the proposed exploration activities have been designed to minimize interference with the values for which those lands were designated as unsuitable for surface coal mining operations. The application must include documentation of consultation with the owner of the feature causing the land to come under the protection of 62 Ill. Adm. Code 1761.11, and, when applicable, with the agency with primary jurisdiction over the feature with respect to the values that caused the land to come under the protection of 62 Ill. Adm. Code 1761.11.

c) Public notice of the application and opportunity to comment shall be provided as follows:

1. Within 5 days, the applicant shall provide public notice of the filing of an administratively complete application with the Department in a newspaper of general circulation which is on the Department's list of approved newspapers in the county of the proposed exploration area;

2. The public notice shall state the name and address of the person seeking approval, the date of filing of the application, the address of the Department where written comments on the application may be submitted, the closing date of the comment period, and a description of the general area of exploration. In no case shall the public comment period be less than 30 days;

3. Any person with an interest which is or may be adversely affected shall have the right to file written comments on the application within the specified public comment period.

d) Decision on an application for exploration removing more than 250 tons of coal.

1. The Department shall act upon an administratively complete application for a coal exploration permit and any written comments within 60 days after the close of the public comment period. The approval of a coal exploration permit may be based only on a complete and accurate application.

2. The Department shall approve a complete and accurate application for a coal exploration permit filed in accordance with this Part, if it finds, in writing, that the applicant has demonstrated that the exploration and reclamation described in the application will:

A) Be conducted in accordance with the Surface Mining Control and Reclamation Act of 1977 (30 USC 1201 et seq.) (Act), 62 Ill. Adm. Code 1815, this Part and the regulatory program;

B) Not jeopardize the continued existence of an endangered or threatened species listed pursuant to Section 4 of the Endangered Species Act of 1973 (16 USC 1533) or result in the destruction or adverse modification of critical habitat of those species as defined in Section 3 of the Endangered Species Act of 1973 (16 USC 1532);

C) Not adversely affect any cultural or historic resources listed on the National Register of Historic Places, pursuant to the National Historic Preservation Act, as amended (16 USC 470 et seq., 1976, Supp. V), unless the proposed exploration has been approved by the Department and the Illinois Historic Preservation Agency; and

D) With respect to exploration activities on any lands protected under 62 Ill. Adm. Code 1761.11, minimize interference, to the extent technologically and economically feasible, with the values for which those lands were designated as unsuitable for surface coal mining operations. Before making this finding, the Department must provide reasonable opportunity to the owner of the feature causing the land to come under the protection of 62 Ill. Adm. Code 1761.11, and, when applicable, to the agency with primary jurisdiction over the feature with respect to the values that caused the land to come under the protection of 62 Ill. Adm. Code 1761.11, to comment on whether the finding is appropriate.

3. Terms of approval. Each approval issued by the Department shall contain conditions necessary to ensure that the exploration and reclamation will be conducted in compliance with the Act, this Part, 62 Ill. Adm. Code 1815, and the regulatory program.

e) Notice and review.

1. The Department shall notify the applicant, the appropriate local government officials, and other commentors on the application in writing, of its decision on the application. If the application is disapproved, the notice to the applicant shall include a statement of the reason for disapproval. Public notice of the decision on each application shall be posted by the Department at a public office in the vicinity of the exploration operations.

2. Any person with an interest which is or may be adversely affected by a decision of the Department pursuant to subsection (e)(1), shall have the opportunity for administrative and judicial review as set forth in 62 Ill. Adm. Code 1847.3.

History

• Source: Amended at 29 Ill. Reg. 8348, effective May 27, 2005

62 Ill. Adm. Code 1772.13 Coal Exploration Compliance Duties

a) All coal exploration and reclamation activities which substantially disturb the land surface shall be conducted in accordance with the coal exploration requirements of the Act, this Part, 62 Ill. Adm. Code 1815, and the regulatory program, and any conditions on approval for exploration and reclamation imposed by the Department.

b) Any person who conducts any coal exploration in violation of the provisions of this Part, 62 Ill. Adm. Code 1815, or the regulatory program, or any exploration permit term or condition imposed by the Department shall be subject to the provisions of Section 518 of the Act, 62 Ill. Adm. Code 1840 through 1845 and the applicable inspection and enforcement provisions of the regulatory program.

62 Ill. Adm. Code 1772.14 Requirements for Commercial Use or Sale

a) Except as provided under 62 Ill. Adm. Code 1772.14(b) and 1700.11(a)(3), any person who intends to commercially use or sell coal extracted during coal exploration operations under an exploration permit, shall first obtain a permit to conduct surface coal mining operations for those operations from the Department under 62 Ill. Adm. Code 1773 through 1785.

b) With the prior written approval of the Department, no permit to conduct surface coal mining operations is required for the sale or commercial use of coal extracted during exploration operations if such sale or commercial use is for coal testing purposes only. The person conducting the exploration shall file an application for such approval with the Department. The application shall demonstrate that the coal testing is necessary for the development of a surface coal mining and reclamation operation for which a surface coal mining operations permit application is to be submitted in the near future, and that the proposed commercial use or sale of coal extracted during exploration operations is solely for the purpose of testing coal. The application shall contain the following:

1. The name of the testing firm and the locations at which the coal will be tested.

2. If the coal will be sold directly to, or commercially used directly by, the intended end user, a statement from the intended end user, or if the coal is sold indirectly to the intended end user through an agent or broker, a statement from the agent or broker. The statement shall include:

A) The specific reason for the test, including why the coal may be so different from the intended user's other coal supplies as to require testing;

B) the amount of coal necessary for the test and why a lesser amount is not sufficient; and

C) a description of the specific tests that will be conducted.

3. Evidence that sufficient reserves of coal are available to the person conducting exploration or its principals for future commercial use or sale to the intended end user, or agent or broker of such user identified above, to demonstrate that the amount of coal to be removed is not the total reserve, but is a sampling of a larger reserve.

4. An explanation as to why other means of exploration, such as core drilling, are not adequate to determine the quality of the coal and/or the feasibility of developing a surface coal mining operation.

History

• Source: Amended at 15 Ill. Reg. 17269, effective January 1, 1992

62 Ill. Adm. Code 1772.15 Public Availability of Information

a) Except as provided in subsection (b) all information submitted to the Department under this Part shall be made available for public inspection and copying at the local offices of the Department closest to the exploration area.

b)

1. The Department shall not make information available for public inspection, if the person submitting it requests in writing, at the time of submission, that it not be disclosed and the Department determines that the information is confidential.

2. The Department shall determine that information is confidential only if it concerns trade secrets or is privileged commercial or financial information which relates to the competitive rights of the person intending to conduct coal exploration.

3. Information requested to be held as confidential under this Section shall not be made publicly available until after notice and opportunity to be heard is afforded persons both seeking and opposing disclosure of the information.

Part 1773 Requirements for Permits and Permit Processing

62 Ill. Adm. Code 1773.1 Scope and Purpose

This Part provides minimum requirements for permits and permit processing and covers obtaining and reviewing permits; coordinating with other laws; public participation; permit decision and notification; permit conditions; and permit term and right of renewal.

62 Ill. Adm. Code 1773.5 Definitions

For purposes of this Part, owned or controlled and owns or controls means any one or a combination of the relationships specified in subsections (a) and (b) below:

a) Ownership or control is evidenced by:

1. Being a permittee of a surface coal mining operation;

2. Based on instruments of ownership or voting securities, owning of record in excess of fifty (50) percent of an entity; or

3. Having any other relationship which gives one person authority directly or indirectly to determine the manner in which an applicant, an operator, or other entity conducts surface coal mining operations.

b) The following relationships are presumed to constitute ownership or control unless a person can demonstrate that the person subject to the presumption does not in fact have the authority directly or indirectly to determine the manner in which the relevant surface coal mining operation is conducted.

1. Being an officer or director of an entity;

2. Being the operator of a surface coal mining operation;

3. Having the ability to commit the financial or real property assets or working resources of an entity;

4. Being a general partner in a partnership;

5. Based on the instruments of ownership or the voting securities of a corporate entity, owning of record ten (10) through fifty (50) percent of the entity; or

6. Owning or controlling coal to be mined by another person under a lease, sublease or other contract and having the right to receive such coal after mining or having authority to determine the manner in which that person or another person conducts a surface coal mining operation.

History

• Source: Amended at 15 Ill. Reg. 17274, effective January 1, 1992

62 Ill. Adm. Code 1773.11 Requirements to Obtain Permits

a) All operations.

On and after February 1, 1983, no person shall engage in or carry out any surface coal mining operations on non-Federal or non-Indian Lands within the State, unless such person has first been issued a permanent regulatory program permit by the Illinois Department of Natural Resources (Department), except as provided for in subsection (b). A permittee need not renew the permit if no surface coal mining operations will be conducted under the permit and solely reclamation activities remain to be done. Obligations established under a permit continue until completion of surface coal mining and reclamation operations, regardless of whether the authorization to conduct surface coal mining operations has expired or has been terminated, revoked, or suspended.

b) Continuation of interim regulatory program operations.

1. A person authorized to conduct surface coal mining and reclamation operations under a permit issued or amended by the Department in accordance with the requirements of the interim regulatory program may conduct such operations beyond February 1, 1983, if:

A) Not later than August 3, 1982, regardless of litigation contesting that program, an application for a permanent regulatory program permit is filed for any operation to be conducted after February 1, 1983, in accordance with the provisions of the permanent program;

B) The Department has not yet rendered an initial administrative decision approving or disapproving the permit; and

C) The surface coal mining and reclamation operation is conducted in compliance with the requirements of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1201 et seq.) (Federal Act), the Surface Coal Mining Land Conservation and Reclamation Act [225 ILCS 720] (State Act), 62 Ill. Adm. Code 1800 through 1850 and all terms and conditions of the interim program permit.

2. No new interim program permits shall be issued.

History

• Source: Amended at 22 Ill. Reg. 20265, effective November 5, 1998

62 Ill. Adm. Code 1773.12 Regulatory Coordination with Requirements Under Other Laws

The Department shall, to avoid duplication, provide for the coordination of review and issuance of permits for surface coal mining and reclamation operations with applicable requirements of State laws and regulations and the requirements of the Endangered Species Act of 1973, as amended (16 USC 1531 et seq.); the Fish and Wildlife Coordination Act, as amended (16 USC 661 et seq.); the Migratory Bird Treaty Act of 1918, as amended (16 USC 703 et seq.); the National Historic Preservation Act of 1966, as amended (16 USC 470 et seq.); the Bald Eagle Protection Act, as amended (16 USC 668a); and federal Executive Order 11593.

History

• Source: Amended at 26 Ill. Reg. 4271, effective March 6, 2002

62 Ill. Adm. Code 1773.13 Public Participation in Permit Processing

a) Filing and public notice.

1. Upon submission of an administratively complete application, an applicant for a permit, significant revision of a permit under 62 Ill. Adm. Code 1774.13, or renewal of a permit under 62 Ill. Adm. Code 1774.15, shall place an advertisement in a local newspaper of general circulation in the locality of the proposed surface coal mining and reclamation operation at least once a week for 4 consecutive weeks. A copy of the advertisement as it will appear in the newspaper shall be submitted to the Department. The advertisement shall contain, at a minimum, the following:

A) The name and business address of the applicant.

B) A map or description which clearly shows or describes the precise location and boundaries of the proposed permit area and shadow area, if applicable, and is sufficient to enable local residents to readily identify the proposed permit area. It may include towns, bodies of water, local landmarks, and any other information which would identify the location. If a map is used, it shall indicate the north direction. If the application includes a shadow area, the map or description shall differentiate between the two.

C) The location where a copy of the application is available for public inspection.

D) The address of the office of the Department where written comments, objections or requests for informal conferences and public hearings on the application may be submitted under subsections (b) and (c).

E) If an applicant seeks a permit to mine within 100 feet of the outside right-of-way of a public road, except where public notice and hearing have previously been provided for this particular part of the road in accordance with 62 Ill. Adm. Code 1761.14, a concise statement describing the public road, the activities proposed within 100 feet of the road, the particular part to be relocated or closed, if applicable, and the approximate timing and duration of the relocation or closing.

F) If the application includes a request for an experimental practice under 62 Ill. Adm. Code 1785.13, a statement indicating that an experimental practice is requested and identifying the regulatory provisions for which a variance is requested.

2. The applicant shall make an application for a permit, significant revision under 62 Ill. Adm. Code 1774.13, or renewal of a permit under 62 Ill. Adm. Code 1774.15 available for the public to inspect and copy by filing a full copy of the application with the clerk at the courthouse of the county where the mining is proposed to occur. This copy of the application need not include confidential information exempt from disclosure under subsection (d). The application required by this subsection shall be filed in accordance with Section 2.04(a) of the State Act. The applicant shall file an additional copy of any changes to the application with the Department. The Department will then forward this copy to the county clerk.

3. Upon receipt of an administratively complete application for a permit, a significant revision to a permit under 62 Ill. Adm. Code 1774.13, or a renewal of a permit under 62 Ill. Adm. Code 1774.15, the Department shall issue written notification indicating the applicant's intention to mine the described tract of land, the application number or other identifier, the location where the copy of the application may be inspected, and the location where comments on the application may be submitted. The notification shall be sent to:

A) Local governmental agencies with jurisdiction over or an interest in the area of the proposed surface coal mining and reclamation operation, including but not limited to planning agencies, sewage and water treatment authorities, water companies; and

B) All Federal or State governmental agencies with authority to issue permits and licenses applicable to the proposed surface coal mining and reclamation operation and which are part of the permit coordinating process developed in accordance with Section 503(a)(6) of the Federal Act or Section 1773.12; or those agencies with an interest in the proposed operation, including the U.S. Department of Agriculture, Natural Resources Conservation Service district office, the local U.S. Army Corps of Engineers district engineer, the National Park Service, State and Federal fish and wildlife agencies, and the historic preservation officer.

b) Comments and objections on permit applications.

1. Written comments or objections to an application for a permit, significant revision to a permit under 62 Ill. Adm. Code 1774.13, or renewal of a permit under 62 Ill. Adm. Code 1774.15 may be submitted to the Department by any person having an interest which is or may be adversely affected by the decision on the application, or by an officer or head of any Federal, State, or local government agency or authority notified under subsection (a)(3), within 30 days after the last publication of the newspaper notice required by subsection (a). Any person not a public officer, as designated in this subsection, who submits written comments or objections to an application and claims to have an interest which is or may be adversely affected by the Department's decision shall identify the interests claimed and shall state how the Department's decision may or will adversely affect the interests specified.

2. The Department shall upon receipt of such written comments or objections:

A) Transmit a copy of the comments or objections to the applicant; and

B) File a copy for public inspection at the same public office where the application is filed.

c) Informal conferences.

1. Any person having an interest which is or may be adversely affected by the decision on the application, or an officer or head of a Federal, State, or local government agency, may request in writing that the Department hold an informal conference on the application for a permit, significant revision to a permit under 62 Ill. Adm. Code 1774.13, or renewal of a permit under 62 Ill. Adm. Code 1774.15. Any person not a public officer, as designated in this subsection, who requests the Department to hold an informal conference with respect to an application based on a claim of an interest which is or may be adversely affected by the Department's decision, shall in the request for an informal conference identify the interests claimed and shall state how the Department's decision may or will adversely affect the interests specified. The request shall:

A) Briefly summarize the issues to be raised by the requester at the conference;

B) State whether the requester desires to have the conference conducted in the locality of the proposed operation; and

C) Be filed with the Department no later than 30 days after the last publication of the newspaper advertisement required under subsection (a).

2. Except as provided in subsection (c)(3), if an informal conference is requested in accordance with subsection (c)(1), the Department shall hold an informal conference within 75 days after the first newspaper notice required by subsection (a). The informal conference shall be conducted as follows:

A) If requested under subsection (c)(1)(B), it shall be held in the locality of the proposed surface coal mining and reclamation operation.

B) The date, time, and location of the informal conference shall be sent to the applicant and other parties to the conference and advertised by the Department in a newspaper of general circulation in the locality of the proposed surface coal mining and reclamation operation at least 2 weeks before the scheduled conference.

C) If requested in writing by a conference requester at least 7 days before the conference, the Department may arrange with the applicant to grant parties to the conference access to the proposed permit area and, to the extent that the applicant has the right to grant access to it, to the shadow area and adjacent area prior to the established date of the conference for the purpose of gathering information relevant to the conference.

D) The conference shall be conducted by a representative of the Department, who shall accept oral or written statements and any other relevant information from any party to the conference. An electronic or stenographic record shall be made of the conference, unless waived by all the parties. The record shall be maintained and shall be accessible to the parties of the conference until final release of the applicant's performance bond or other equivalent guarantee pursuant to 62 Ill. Adm. Code 1800.40.

3. If all parties requesting the informal conference withdraw their request before the conference is held, the informal conference shall be canceled.

4. Informal conferences held in accordance with this subsection may be used by the Department as the public hearing required under 62 Ill. Adm. Code 1761.12(c) on proposed relocation or closing of public roads.

d) Public availability of permit applications.

1. General availability.

Except as provided in subsection (d)(2) or (d)(3), all applications for permits; revisions; renewals; and transfers, assignments or sales of permit rights on file with the Department shall be available, at reasonable times, for public inspection and copying.

2. Limited availability.

Except as provided for in subsection (d)(3)(A), information pertaining to coal seams, test borings, core samplings, or soil samples in an application shall be made available to any person with an interest that is or may be adversely affected. Information subject to this subsection (d)(2) shall be made available to the public when such information is required to be on public file pursuant to the Freedom of Information Act [5 ILCS 140].

3. Confidentiality.

In accordance with the Freedom of Information Act, the Department provides procedures, including notice and opportunity to be heard for persons both seeking and opposing disclosure, to ensure confidentiality of qualified confidential information, which shall be clearly identified by the applicant and submitted separately from the remainder of the application. Confidential information is limited to:

A) Information that pertains only to the analysis of the chemical and physical properties of the coal to be mined, except information on components of such coal which are potentially toxic in the environment;

B) Information required under Section 508 of the Federal Act that is not on public file pursuant to State law and that the applicant has requested in writing to be held confidential;

C) Information on the nature and location of archaeological resources on public land and Indian land as required under the Archaeological Resources Protection Act of 1979 (16 USC 470).

History

• Source: Amended at 27 Ill. Reg. 4656, effective February 26, 2003

62 Ill. Adm. Code 1773.14 Opportunity for Public Hearing

a) If no informal conference is requested, or if the issues in question are not resolved by the informal conference, any interested person or county board may request a public hearing within eighty (80) days after the first newspaper notice required by Section 1773.13(a). Any person who requests the Department to hold a public hearing with respect to an application must claim, in the request for a public hearing, an interest which is or may be adversely affected by the Department's decision, and shall identify the interest(s) claimed and shall state how the Department's decision may or will adversely affect the interest(s) specified. If a hearing is requested, the Department shall hold at least one (1) hearing in the locality affected by the permit, and shall hold a hearing in each county to be affected under the proposed permit in which a county board has requested a hearing. Nothing in this Section shall bar any interested person from requesting a public hearing if that person did not request an informal conference.

b) If a public hearing is held pursuant to this Section, the Department shall send notice of any hearing to be held to the applicant, the county board, all interested persons who have requested, in writing, notice with respect to a particular parcel of land to be affected by the proposed surface coal mining and reclamation operation, and to the principal newspaper, television, and radio stations serving the area. The Department shall publish notice of the hearing in a newspaper of general circulation within the county. Such notice shall be published by the Department at least two (2) weeks prior to the scheduled hearing date.

c) The Department shall appoint a hearing officer to conduct the hearing. The hearing officer shall be a licensed attorney or an employee of the Department. The hearing officer shall conduct a fair hearing and shall take all necessary action to avoid delay, to maintain order, and to develop a clear and complete record. He or she shall have all powers necessary to these ends, including but not limited to the power to change the time and place of the hearing and adjourn the hearing from time to time or from place to place within the county of the proposed surface coal mining and reclamation operation and to give due notice of such action consistent with the notice requirement of subsection (a).

d) The hearing shall be informal. The applicant shall appear at any hearing held pursuant to Section 1773.14.

1. All participants in the public hearing shall have the right to be represented by counsel, or by some other authorized representative.

2. The hearing officer shall allow the county board, the applicant, and any interested persons to present data, views, or arguments.

3. Where necessary in order to prevent undue prolongation of the hearing, the hearing officer shall establish a time period during which the participants shall be heard. Every effort will be made to allow all persons who wish to make a statement to do so.

4. A verbatim transcript of the hearing shall be maintained by a court reporter appointed by the Department, and shall constitute a part of the record. Copies of the transcript shall be furnished, at cost, upon request to the court reporter. Such record shall be maintained by the Department and shall be accessible to the public at the Department's Springfield Office until final release of the applicant's reclamation performance bond.

5. The record shall remain open for additional written statements responsive to statements or other documents for ten (10) days following the close of the hearing, or for such other reasonable time as the hearing officer may direct. A time for responsive oral statements may be set by the hearing officer.

e) If the hearing request is withdrawn, the hearing need not be held.

f) Public hearings held in accordance with Section 1773.14 may be used by the Department as the public hearing required under 62 Ill. Adm. Code 1761.12(c) on proposed use or relocation of public roads.

62 Ill. Adm. Code 1773.15 Review of Permit Applications

a) General

1. The Department shall review the application for a permit, revision, or renewal; written comments and objections submitted; and records of any informal conference or hearing held on the application, and either:

A) Issue a written decision, in accordance with Section 1773.19, either granting or denying the application. If a public hearing is held under Section 1773.14, the decision shall be made within 60 days after the close of the public hearing, unless a later time is necessary to provide an opportunity for a hearing under subsection (b)(3); or

B) Issue a written decision requiring modification of the application. If a public hearing is held under Section 1773.14, the decision to require modifications shall be made within 60 days after the close of the public hearing.

i) If the applicant does not submit the required modifications to the Department within one year after the date of receipt of notification of the need for modifications, the Department shall issue a written finding in accordance with Section 1773.19 denying the application. The Department may issue an extension to this time limit if the applicant can demonstrate just cause (e.g., extended periods of illness, extreme inclement weather, acts of civil unrest, or other emergency situations) for doing so.

ii) Upon receipt of the applicant's responses to the required modifications, the Department shall review the responses and issue a written decision, in accordance with Section 1773.19, either granting or denying the application.

2. The applicant for a permit or revision of a permit shall have the burden of establishing that his or her application is in compliance with all the requirements of the regulatory program.

b) Review of Violations

1. Based on a review of all reasonably available information concerning violation notices and ownership or control links involving the applicant, including information obtained pursuant to Sections 1773.22, 1773.23, 1778.13 and 1778.14, the Department shall not issue the permit if any surface coal mining and reclamation operation owned or controlled by the applicant is currently in violation of the State Act, Federal Act, any State or federal regulation promulgated pursuant thereto, a State program, or any federal or State law or regulation pertaining to air or water environmental protection. In the absence of a failure-to-abate cessation order, the Department may presume that a notice of violation issued pursuant to 62 Ill. Adm. Code 1843.12 or under a federal or State program is being corrected to the satisfaction of the agency with jurisdiction over the violation when the abatement period for the notice of violation has not yet expired and when, as part of the violation information provided pursuant to 62 Ill. Adm. Code 1778.14, the applicant has provided certification that the violation is in the process of being so corrected. This presumption shall not apply when evidence to the contrary is set forth in the permit application, or when the notice of violation is issued for nonpayment of abandoned mine land reclamation fees or civil penalties. If a current violation exists, the Department shall require the applicant, before the issuance of the permit, to either:

A) Submit to the Department proof that the current violation has been or is in the process of being corrected to the satisfaction of the agency that has jurisdiction over the violation; or

B) Establish for the Department that the applicant, or any person owned or controlled by the applicant, has filed and is presently pursuing, in good faith, a direct administrative or judicial appeal to contest the validity of the current violation. If the circuit or district court reviewing the violation, pursuant to 62 Ill. Adm. Code 1847.4(p) or 30 CFR 775.13 or in accordance with the procedures established by other state regulatory authorities, either denies a stay applied for in the appeal or affirms the violation, then the applicant shall submit the proof required under subsection (b)(1)(A) within 30 days after the court's decision.

2. Any permit that is issued on the basis of a presumption supported by certification under 62 Ill. Adm. Code 1778.14 that a violation is in the process of being corrected, on the basis of proof submitted under subsection (b)(1)(A) that a violation is in the process of being corrected, or pending the outcome of an appeal described in subsection (b)(1)(B), shall be conditionally issued.

3. If the Department makes a finding that the applicant or the operator specified in the application controls or has controlled surface coal mining and reclamation operations with a demonstrated pattern of willful violations of the Federal or State Act of such nature and duration, and with such resulting irreparable damage to the environment, as to indicate an intent not to comply with the Federal or State Act, the application shall be denied. Before such a finding becomes final, the applicant or operator shall be afforded an opportunity for an adjudicatory hearing on the determination as provided for in 62 Ill. Adm. Code 1847.3.

c) Written Findings for Permit Application Approval

No permit application or application for a significant revision of a permit shall be approved unless the application affirmatively demonstrates, and the Department finds, in writing, on the basis of information set forth in the application or from information otherwise available that is documented in the approval, the following:

1. The application is complete and accurate and the applicant has complied with all requirements of the Federal Act, State Act and the regulatory program.

2. The applicant has demonstrated that reclamation as required by the Federal Act, State Act and the regulatory program can be accomplished under the reclamation plan contained in the permit application.

3. The proposed permit area is:

A) Not within an area under study or administrative proceedings under a petition, filed pursuant to 62 Ill. Adm. Code 1764, to have an area designated as unsuitable for surface coal mining operations, unless the applicant demonstrates that, before January 4, 1977, he or she has made substantial legal and financial commitments in relation to the operation covered by the permit application; or

B) Not within an area designated as unsuitable for mining pursuant to 62 Ill. Adm. Code 1762 and 1764 or within an area subject to the prohibitions of 62 Ill. Adm. Code 1761.11.

4. For mining operations for which the private mineral estate to be mined has been severed from the private surface estate, the applicant has submitted to the Department the documentation required under 62 Ill. Adm. Code 1778.15(c).

5. The Department has made an assessment of the probable cumulative impacts of all anticipated coal mining on the hydrologic balance in the cumulative impact area, in accordance with 62 Ill. Adm. Code 1780 and 1784, and has determined that the proposed operation has been designed to prevent material damage to the hydrologic balance outside the permit area.

6. The applicant has demonstrated that any existing structure will comply with 62 Ill. Adm. Code 1700.11(d).

7. The applicant has paid all reclamation fees from previous and existing operations as required by 30 CFR 870.

8. The applicant has satisfied the applicable requirements of 62 Ill. Adm. Code 1785.

9. The applicant has, if applicable, satisfied the requirements for approval of a long-term, intensive agricultural post-mining land use, in accordance with the requirements of 62 Ill. Adm. Code 1816.111(d) and 1817.111(d).

10. The operation would not affect the continued existence of endangered or threatened species or result in destruction or adverse modification of their critical habitats, as determined under the Endangered Species Act of 1973 (16 USC 1531 et seq.).

11. For a proposed remining operation where the applicant intends to reclaim in accordance with the requirements of 62 Ill. Adm. Code 1816.106 or 1817.106, the site of the operation is a previously mined area as defined in 62 Ill. Adm. Code 1701.Appendix A.

12. The Department has taken into account the effect of the proposed permitting action on properties listed on and eligible for listing on the National Register of Historic Places. This finding may be supported in part by inclusion of appropriate permit conditions or changes in the operation plan protecting historic resources, or a documented decision that the Department has determined that no additional measures are necessary.

13. For a proposed remining operation where the applicant intends to reclaim in accordance with the requirements of 62 Ill. Adm. Code 1816.116(a)(2)(B) or 1817.116(a)(2)(B), the site of the operation is land eligible for remining as defined in 62 Ill. Adm. Code 1701.Appendix A.

d) Expiration of Findings

Written findings issued by the Department approving a permit application shall expire within one year from the date of issuance if the permit has not been issued based upon the applicant's failure to submit permit fees in accordance with 62 Ill. Adm. Code 1777.17 or a performance bond in accordance with 62 Ill. Adm. Code 1800.11. When written findings expire, the Department will take no further action on the permit application. Should the applicant choose to resume permitting activity for the area in question, a new permit application must be submitted in accordance with the requirements of this Part.

e) Final Compliance Review

After an application is approved, but before the permit is issued, the Department shall reconsider its decision to approve the application, based on the compliance review required by subsection (b)(1), in light of any new information submitted under 62 Ill. Adm. Code 1778.13(j) and 1778.14(e).

History

• Source: Amended at 43 Ill. Reg. 12897, effective October 16, 2019

62 Ill. Adm. Code 1773.17 Permit Conditions

Each permit issued by the Department shall be subject to the following conditions:

a) The permittee shall conduct surface coal mining and reclamation operations only on those lands that are specifically designated as the permit area on the maps submitted with the application and authorized for the term of the permit and that are subject to the performance bond or other equivalent guarantee in effect pursuant to 62 Ill. Adm. Code 1800.

b) The permittee shall conduct all surface coal mining and reclamation operations only as described in the approved application, except to the extent that the Department otherwise directs in the permit.

c) The permittee shall comply with the terms and conditions of the permit, all applicable performance standards of the Federal and State Acts, and the requirements of the regulatory program.

d) Without advance notice, delay, or a search warrant, upon presentation of appropriate credentials, the permittee shall allow the authorized representatives of the Department and Secretary of the United States Department of the Interior to:

1. Have the right of entry provided for in 62 Ill. Adm. Code 1840.12; and

2. Be accompanied by private persons for the purpose of conducting an inspection in accordance with 62 Ill. Adm. Code 1840, when the inspection is in response to an alleged violation reported to the Department by the private person.

e) The permittee shall take all possible steps to minimize any adverse impact to the environment or public health and safety resulting from noncompliance with any term or condition of the permit, including, but not limited to:

1. Any accelerated or additional monitoring necessary to determine the nature and extent of noncompliance and the results of the noncompliance;

2. Immediate implementation of measures necessary to comply; and

3. Warning, as soon as possible after learning of such noncompliance, any person whose health and safety is in imminent danger due to the noncompliance.

f) As applicable, the permittee shall comply with 62 Ill. Adm. Code 1700.11(d) for compliance, modification, or abandonment of existing structures.

g) The operator shall pay all reclamation fees required by 30 CFR 870 for coal produced under the permit for sale, transfer or use.

h) Within thirty (30) days after a cessation order is issued under 62 Ill. Adm. Code 1843.11 or 30 CFR 843.11, for operations conducted under the permit, except where a stay of the cessation order is granted and remains in effect the permittee shall either submit to the Department the following information, current to the date the cessation order was issued, or notify the Department in writing that there has been no change since the immediately preceding submittal of such information:

1. Any new information needed to correct or update the information previously submitted to the Department by the permittee under 62 Ill. Adm. Code 1778.13(c); or

2. If not previously submitted, the information required from a permit applicant by 62 Ill. Adm. Code 1778.13(c).

History

• Source: Amended at 15 Ill. Reg. 17274, effective January 1, 1992

62 Ill. Adm. Code 1773.19 Permit Issuance and Right of Renewal

a) Final permit decision.

1. The Department shall make its final decision to approve, deny or modify the permit application on the basis of:

A) Complete applications for permits and revisions or renewals thereof;

B) Public participation, as provided by Sections 1773.13 and 1773.14; and

C) Compliance with all applicable provisions of 62 Ill. Adm. Code 1785.

2. The Department shall make its final permit decision within the following time limits:

A) Within sixty (60) days of an informal conference held pursuant to Section 1773.13(c), unless a public hearing has been requested pursuant to Section 1773.14;

B) Within sixty (60) days of a public hearing held pursuant to Section 1773.14; or

C) If no informal conference or public hearing is requested, within one hundred and twenty (120) days of filing of the application.

D) If final action on an application does not occur within the times prescribed in subsections (a)(2)(A), (B), or (C) above, whichever applies, the applicant may deem the application denied, and such denial shall constitute a final permit decision. The applicant may waive these time limits.

3. Notification.

The Department shall mail written notification of its final permit decision to the following persons and entities:

A) The applicant, each person who files comments or objections to the permit application, and each party to an informal conference or public hearing.

B) The local governmental officials in the local political subdivision in which the land to be affected is located within ten (10) days after the issuance of a permit, including a description of the location of the land.

C) The local OSMRE office.

b) The permit shall be deemed to be issued when:

1. The permit application, as originally submitted or as modified, is approved by the Department; and

2. Permit fees and reclamation bond, in the form and amounts set by 62 Ill. Adm. Code 1777.17 and 1800, have been received and accepted by the Department.

c) Permit term.

Each permit shall be issued for a fixed term of five (5) years or less, unless the requirements of 62 Ill. Adm. Code 1778.17 are met.

d) Right of renewal.

Permit application approval shall apply to those lands that are specifically designated as the permit area on the maps submitted with the application and for which the application is complete and accurate. Any valid permit issued in accordance with subsection (b) shall carry with it the right of successive renewal, within the approved boundaries of the existing permit, upon expiration of the term of the permit, in accordance with 62 Ill. Adm. Code 1774.15.

e) Initiation of operations.

1. A permit shall terminate if the permittee has not begun the surface coal mining and reclamation operation covered by the permit within three (3) years of the issuance of the permit.

2. The Department shall grant a reasonable extension of time for commencement of these operations, upon receipt of a written statement showing that such an extension of time is necessary, if:

A) Litigation precludes the commencement or threatens substantial economic loss to the permittee; or

B) There are conditions beyond the control and without the fault or negligence of the permittee.

3. With respect to coal to be mined for use in a synthetic fuel facility or specified major electric generating facility, the permittee shall be deemed to have commenced surface mining operations at the time that the construction of the synthetic fuel or generating facility is initiated.

4. Extensions of time granted by the Department under this subsection (e) shall be specifically set forth in the permit, and notice of the extension shall be made public by the Department.

History

• Source: Amended at 15 Ill. Reg. 17998, effective January 1, 1992

62 Ill. Adm. Code 1773.20 Improvidently Issued Permits: General Procedures

a) Permit review.

If the Department receives information indicating that it improvidently issued a surface coal mining and reclamation permit, the Department shall review the circumstances under which the permit was issued using a criteria in subsection (b) below. Where the Department finds that the permit was improvidently issued, it shall undertake the remedial measures set forth in subsection (c) below.

b) Review criteria.

The Department shall find that a surface coal mining and reclamation permit was improvidently issued if:

1. Under the violations review criteria of the regulatory program at the time the permit was issued:

A) The Department should not have issued the permit because of an unabated violation or a delinquent penalty or fee; or

B) The permit was issued on the presumption that a notice of violation was in the process of being corrected to the satisfaction of the agency with jurisdiction over the violation, but a cessation order subsequently was issued; and

2. The violation, penalty or fee:

A) Remains unabated or delinquent; and

B) Is not the subject of a good faith appeal, or of an abatement plan or payment schedule with which the permittee or other person responsible is complying to the satisfaction of the responsible agency; and

C) Where the permittee was linked to the violation, penalty or fee through ownership or control under the violations review criteria of the regulatory program at the time the permit was issued, an ownership or control link between the permittee and the person responsible for the violation, penalty or fee still exists, or where the link has been severed, the permittee continues to be responsible for the violation, penalty or fee.

3. The provisions of Section 1773.25 shall apply when the Department determines:

A) Whether a violation, penalty or fee existed at the time that it was cited, remains unabated or delinquent, has been corrected, is in the process of being corrected, or is the subject of a good faith appeal; and

B) Whether any ownership or control link between the permittee and the person responsible for the violation, penalty or fee existed, still exists, or has been severed.

c) Remedial measures.

If the Department finds, under subsection (b) above, that because of an unabated violation or a delinquent penalty or fee a permit was improvidently issued, the Department shall undertake one or more of the following remedial measures:

1. Implement, with the cooperation of the permittee or other person responsible, and of the responsible agency, a plan for abatement of the violation or a schedule for payment of the penalty or fee;

2. Impose on the permit a condition requiring that in the specified period of time the permittee or other person responsible abate the violation or pay the penalty or fee;

3. Suspend the permit until the violation is abated or the penalty or fee is paid; or

4. Rescind the permit. If the Department decides to suspend the permit, it shall give at least 30 days written notice to the permittee. If the Department decides to rescind the permit, it shall issue a notice in accordance with Section 1773.21. In either case, the permittee shall be given the opportunity to request review of the notice under 62 Ill. Adm. Code 1847.3. The Department's decision shall remain in effect during the pendency of the review, unless temporary relief is granted under 62 Ill. Adm. Code 1847.3(k).

History

• Source: Amended at 20 Ill. Reg. 2090, effective January 19, 1996

62 Ill. Adm. Code 1773.21 Improvidently Issued Permits: Rescission Procedures

If the Department, under Section 1773.20(c)(4), elects to rescind an improvidently issued permit, the Department shall serve on the permittee a notice of proposed suspension and rescission which includes the reasons for the finding of the Department under Section 1773.20(b) and states that:

a) Automatic suspension and rescission.

After a specified period of time not to exceed ninety (90) days the permit automatically will become suspended, and not to exceed ninety (90) days thereafter rescinded, unless within those periods the permittee submits proof, and the Department finds, consistent with the provisions of Section 1773.25, that:

1. The Department's finding under Section 1773.20(b) was erroneous;

2. The permittee or other person responsible has abated the violation on which the finding was based, or paid the penalty or fee, to the satisfaction of the responsible agency;

3. The violation, penalty or fee is the subject of a good faith appeal, or of an abatement plan or payment schedule with which the permittee or other person responsible is complying to the satisfaction of the responsible agency; or

4. Since the finding was made, the permittee has severed any ownership or control link with the person responsible for, and does not continue to be responsible for, the violation, penalty or fee.

b) Cessation of operations.

After permit suspension or rescission, the permittee shall cease all surface coal mining and reclamation operations under the permit, except for violation abatement and for reclamation and other environmental protection measures including, but not limited to, maintenance and monitoring as required by the Department.

History

• Source: Amended at 20 Ill. Reg. 2090, effective January 19, 1996

62 Ill. Adm. Code 1773.22 Verification of Ownership or Control Application Information

a) In accordance with Section 1773.15(c)(1), prior to the issuance of a permit, the Department shall review the information in the application provided pursuant to 62 Ill. Adm. Code 1778.13 to determine that such information, including the identification of the operator and all owners and controllers of the operator, is complete and accurate. In making such determination, the Department shall compare the information provided in the application with information from other reasonably available sources, including:

1. Manual data sources within the State, including:

A) The Department's inspection and enforcement records; and

B) The Secretary of State's corporate or tax records, to the extent they contain information concerning ownership or control links; and

2. Automated data sources, including:

A) The Department's own computer system; and

B) the Applicant Violator System.

b) If it appears from the information provided in the application pursuant to 62 Ill. Adm. Code 1778.13(c) through (d) that none of the person identified in the application has had any previous mining experience, the Department shall inquire of the applicant and investigate whether any person other than those identified in the application will own or control the operations as either an operator or other owner or controller.

c) If, as a result of the review conducted under subsections (a) and (b) above, the Department identifies any potential omission, inaccuracy, or inconsistency in the ownership or control information provided in the application, it shall, prior to making a final determination with regard to the application, contact the applicant and require that the matter be resolved through submission of an amendment to the application or a satisfactory explanation which includes credible information sufficient to demonstrate that no actual omission, inaccuracy, or inconsistency exists. The Department shall also take action in accordance with the provisions of 62 Ill. Adm. Code 1843.23 where appropriate.

d) Upon completion of the review conducted under this Section, the Department shall promptly enter into or update all ownership or control information on the Applicant Violator System.

History

• Source: Added at 20 Ill. Reg. 2090, effective January 19, 1996

62 Ill. Adm. Code 1773.23 Review of Ownership or Control and Violation Information

a) Following the verification of ownership or control information pursuant to Section 1773.22, the Department shall review all reasonably available information concerning violation notices and ownership or control links involving the applicant to determine whether the application can be approved under Section 1773.15(b) above. Such information shall include:

1. With respect to ownership or control links involving the applicant, all information obtained under 62 Ill. Adm. Code 1773.22 and 1778.13; and

2. With respect to violation notices, all information obtained under 62 Ill. Adm. Code 1778.14, information obtained from OSM, including information shown in the AVS, and information from the Department's own records concerning violation notices.

b) If the review conducted under subsection (a) above discloses any ownership or control link between the applicant and any person cited in a violation notice.

1. The Department shall notify the applicant and shall refer the applicant to the agency with jurisdiction over such violation notice; and

2. The Department shall not approve the application unless and until it determines, in accordance with the provisions of Sections 1773.24 and 1773.25:

A) that all ownership or control links between the applicant and any person cited in a violation notice are erroneous or have been rebutted; or

B) that the violation has been corrected, is in the process of being corrected, or is the subject of a good faith appeal, within the meaning of Section 1773.15(b)(1).

c) Following the Department's decision on the application, including unconditional issuance, conditional issuance, or denial of the permit, or following the applicant's withdrawal of the application, the Department shall promptly enter all relevant information related to such decision or withdrawal into the Applicant Violator System.

History

• Source: Added at 20 Ill. Reg. 2090, effective January 19, 1996

62 Ill. Adm. Code 1773.24 Procedures for Challenging Ownership or Control Links Shown in the Applicant Violator System

a) Who may challenge.

1. Any applicant or other person shown in the Applicant Violator System (AVS) in an ownership or control link to any person may challenge such link in accordance with the provisions of 30 CFR 773.24(b) through (d) and 30 CFR 773.25, unless such applicant or other person is bound by a prior administrative or judicial determination concerning the link.

2. Any applicant or other person shown in AVS in an ownership or control link to any person cited in a federal violation notice may challenge the status of the violation covered by such notice in accordance with the provisions of 30 CFR 773.24(b) through (d) and 30 CFR 773.25, unless such applicant or other person is bound by a prior administrative or judicial determination concerning the status of the violation.

3. Any applicant or other person shown in AVS in an ownership or control link to any person cited in a state violation notice may challenge the status of the violation covered by such notice in accordance with subsections (b) through (d) below and Section 1773.25, unless such applicant or other person is bound by a prior administrative or judicial determination concerning the status of the violation covered by such notice in accordance with subsections (b) through (d) below and Section 1773.25, unless such applicant or other person is bound by a prior administrative or judicial determination concerning the status of the violation.

b) Any applicant or other person who wishes to challenge an ownership or control link shown in AVS or the status of a State Violation, and how is eligible to do so under the provisions of subsection (a)(3) above, shall submit a written explanation of the basis for the challenge, along with any relevant evidentiary materials and supporting documents.

c) The Department shall review any information submitted under subsection (b) above and shall make a written decision whether or not the ownership or control link has been shown to be erroneous or has been rebutted and/or whether the violation covered by the notice remains outstanding, has been corrected, is in the process of being corrected, or is the subject of a good faith appeal within the meaning of Section 1773.15(b)(1).

d) Notice to applicant.

1. If, as a result of the decision reached under subsection (c) above, the Department determines that the ownership or control link has been shown to be erroneous or has been rebutted and/or that the violation covered by the notice has been corrected, is in the process of being corrected, or is the subject of a good faith appeal, the Department shall so notify the applicant or other person and, if an application is pending, OSM, and shall correct the information in AVS.

2. If, as a result of the decision reached under subsection (c) above, the Department determines that the ownership or control link has not been shown to be erroneous and has not been rebutted and that the violation covered by the notice remains outstanding, the Department shall so notify the applicant or other person and, of an application is pending, OSM, and shall update the information in AVS, if necessary.

3. The Department shall serve a copy of the decision on the applicant or other person by certified mail, or by any means consistent with the rules governing service of a summons and complaint under Rule 4 of the Federal Rules of Civil Procedure. Service shall be complete upon tender of the notice or of the mail and shall not be deemed incomplete because of a refusal to accept.

4. The applicant or other person may appeal the Department's decision within 30 days of service of the decision in accordance with 62 Ill. Adm. Code 1847.3. The Department's decision shall remain in effect during the pendency of the appeal, unless temporary relief is granted in accordance with 62 Ill. Adm. Code 1847.3(k).

History

• Source: Added at 20 Ill. Reg. 2090, effective January 19, 1996

62 Ill. Adm. Code 1773.25 Standards for Challenging Ownership or Control Links and the Status Violations

a) The provisions of this Section shall apply whenever a person has and exercises a right, under the provisions of Section 1773.20, 1773.21, 1773.23 or 1773.24, to challenge an ownership or control link to any person and/or the status of any violation covered by a notice.

b) Agencies Responsible

1. Except as provided in subsection (b)(3):

A) The regulatory authority before which an application is pending shall have responsibility for making decisions with respect to ownership or control relationships of the application.

B) The regulatory authority that issued a permit shall have responsibility for making decisions with respect to the ownership or control relationships of the permit.

C) The regulatory authority for the State that issued a State violation notice shall have responsibility for making decisions with respect to the ownership or control relationship of the violation.

D) The regulatory agency that issued a violation notice, whether State or federal, shall have responsibility for making decisions concerning the status of the violation covered by the notice, i.e., whether the violation remains outstanding, has been corrected, is in the process of being corrected, or is the subject of a good faith appeal, within the meaning of Section 1773.15(b)(1).

2. OSM shall have responsibility for making decisions with respect to the ownership or control relationships of a federal violation notice.

3. With respect to information shown on AVS, the responsibilities referred to in subsection (b)(1) shall be subject to the plenary authority of OSM to review any State regulatory authority decision regarding an ownership or control link.

4. With respect to ownership or control information that has not been entered into AVS by the State and with respect to information shown on AVS relating to the status of a violation, State regulatory authorities' determinations are subject to OSM's program authority oversight under 30 CFR 733, 842 and 843.

c) Evidentiary Standards

1. In any formal or informal review of an ownership or control link or of the status of a violation covered by a violation notice, the responsible agency shall make a prima facie determination or showing that the link exists or existed during the relevant period, and/or that the violation covered by the notice remains outstanding. Once a prima facie determination or showing has been made, the person challenging the link or the status of the violation shall have the burden of proving by a preponderance of the evidence, with respect to any relevant time period, that:

A) The facts relied upon by the responsible agency to establish ownership or control or a presumption of ownership or control under the definition of "owned or controlled" or "owns or controls" in Section 1773.5, do not or did not exist;

B) A person subject to a presumption of ownership or control under the definition of "owned or controlled" or "owns or controls" in Section 1773.5 does not or did not in fact have the authority directly or indirectly to determine the manner in which surface coal mining operations are or were conducted; or

C) The violation covered by the violation notice did not exist, has been corrected, is in the process of being corrected, or is the subject of a good faith appeal within the meaning of Section 1773.15(b)(1), provided that the existence of the violation at the time it was cited may not be challenged, under the provisions of Section 1773.24, by the following persons:

i) A permittee, unless the challenge is made by the permittee within the context of Section 1773.20 and 1773.21;

ii) Any person who had a prior opportunity to challenge the violation notice and failed to do so in a timely manner; or

iii) Any person who is bound by a prior administrative or judicial determination concerning the existence of the violation.

2. In meeting the burden of proof set forth in subsection (c)(1), the persons challenging the ownership or control link or the status of the violation shall present probative, reliable and substantial evidence and any supporting explanatory materials, which may, if before the responsible agency, include:

A) Affidavits setting forth:

i) specific facts concerning the scope of responsibility of the various owners or controllers of an applicant, permittee, or any person cited in a violation notice; the duties actually performed by the owners or controllers; the beginning and ending dates of the owners' or controllers' affiliation with the applicant, permittee, or person cited in a violation notice; and the nature and details of any transaction creating or severing an ownership or control link; or

ii) specific facts concerning the status of the violation.

B) Certified copies of corporate minutes, stock ledgers, contracts, purchase and sale agreements, leases, correspondence or other relevant company records;

C) Certified copies of documents filed with or issued by any State, municipal or federal governmental agency;

D) An opinion of counsel, when supportive by:

i) Evidentiary materials;

ii) A statement by counsel that he or she is qualified to render the opinion; and

iii) A statement that counsel has personally and diligently investigated the facts of the matter or, when counsel has not so investigated the facts, a statement that the opinion is based upon information that has been supplied to counsel and that is assumed to be true;

E) If before any administrative or judicial tribunal reviewing the decision of the responsible agency, any evidence admissible under the rules of that tribunal.

d) Following any determination by a State regulatory authority or other State agency, or any decision by an administrative or judicial tribunal reviewing the determination, the State regulatory authority shall review the information in AVS to determine if it is consistent with the determination or decision. If it is not, the State regulatory authority shall promptly inform OSM and request that the AVS information be revised to reflect the determination or decision.

History

• Source: Amended at 43 Ill. Reg. 12897, effective October 16, 2019

Part 1774 Revision; Renewal; and Transfer, Assignment, or Sale of Permit Rights

62 Ill. Adm. Code 1774.1 Scope and Purpose

This Part provides requirements for revision; renewal; and transfer, assignment and sale of permit rights.

62 Ill. Adm. Code 1774.11 Department Review of Permits

a) The Illinois Department of Natural Resources (Department) shall review each permit issued and outstanding under the regulatory program during the term of the permit. This review shall occur not later than the middle of each permit term and as follows:

1. Permits with a term longer than five years shall be reviewed no less frequently than the permit midterm or every five years, whichever is more frequent.

2. Permits with variances granted in accordance with 62 Ill. Adm. Code 1785.14 (mountaintop removal) and 62 Ill. Adm. Code 1785.18 (variance for delay in contemporaneous reclamation requirement in combined surface and underground mining operations) shall be reviewed no later than three years from the date of issuance of the permit unless, for variances issued in accordance with 62 Ill. Adm. Code 1785.14, the permittee affirmatively demonstrates that the proposed development is proceeding in accordance with the terms of the permit.

3. Permits containing experimental practices issued in accordance with 62 Ill. Adm. Code 1785.13 and permits with a variance from approximate original contour requirements in accordance with 62 Ill. Adm. Code 1785.16 shall be reviewed as set forth in the permit or at least every 2½ years from the date of issuance as required by the Department, in accordance with 62 Ill. Adm. Code 1785.13(g) and 1785.16(c), respectively.

b) After the review required by subsection (a) above, or at any time, the Department may, by order, require revision of a permit in accordance with Section 1774.13 to ensure compliance with the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1201 et seq.) (federal Act) and the regulatory program.

c) Any order of the Department requiring revision of a permit shall be based upon written findings and shall be subject to the provisions for administrative and judicial review in 62 Ill. Adm. Code 1847.3. Copies of the order shall be sent to the permittee within five working days after issuance.

d) Permits may be suspended or revoked in accordance with 62 Ill. Adm. Code 1840 through 1845.

History

• Source: Amended at 22 Ill. Reg. 20280, effective November 5, 1998

62 Ill. Adm. Code 1774.13 Permit Revisions

a) During the term of a permit, the permittee may submit an application to the Department for a revision of the permit. The application may be made on the standard Department permit form; however, only those sections of the form that pertain to the revision in question must be completed.

b) Application Requirements and Procedures

1. The Department will approve or disapprove applications for insignificant revisions within 90 days after receipt of the application. Applications for significant revision will be acted upon in accordance with 62 Ill. Adm. Code 1773.13 and 1773.15.

2. A significant revision to a permit shall be obtained for changes in the surface coal mining or reclamation operations described in the original application and approved under the original permit, when the changes constitute a significant departure from the method of conduct of mining or reclamation operations contemplated by the original permit. For purpose of these requirements, significant departures from the methods or conduct of mining or reclamation operations include any change in the mining or reclamation operations, except the following, if not contemplated or provided for in the original permit:

A) For surface mines, changes of direction of mining or location of mining equipment within the permit area;

B) Substitution of mining equipment designed for the same purpose, the use of which is not detrimental to achievement of final reclamation or subsidence control;

C) For underground mines, any change in direction or location of mining within the permit area or shadow area, in response to unanticipated events;

D) Any other change in operations, methods or conduct of mining described in writing to the Department that the Department excuses in writing from requirement of revision on a case-by-case basis after determining that the described change will have no significant potential adverse impact on the achievement of final reclamation plans or subsidence control plans or upon the surrounding area;

E) Any alteration in the reclamation plan or reclamation operations which does not involve significant delay or significant change in land use described in writing to the Department and excused from this requirement of revision on a case-by-case basis. Alternative land use proposals shall comply with 62 Ill. Adm. Code 1816.133 or 1817.133, and shall be approved only after consultation with the landowner or the land management agency with jurisdiction over the lands. If applicable, alternative land use proposals shall comply with 62 Ill. Adm. Code 1785.17(e)(5). A significant revision shall be required for a land use change to any of the following, as defined in 62 Ill. Adm. Code 1701.Appendix A:

i) "Residential";

ii) "Industrial/commercial";

iii) "Recreation"; or

iv) "Developed water resources" that meet the size criteria of 30 CFR 77.216(a);

F) Any temporary change in operations, subsidence control or reclamation plans necessitated by unanticipated and unusually adverse weather conditions, other acts of God, strikes, or other cause beyond the reasonable control of the permittee, after review and approval by the Department in writing, provided that all steps specified by the Department to maximize environmental protection are taken.

3. All significant permit revision applications shall meet the requirements of 62 Ill. Adm. Code 1773.13, 1773.19(a)(3)(A) and (C), and 1778.21.

c) No application for a permit revision shall be approved unless the application demonstrates and the Department finds that reclamation as required by the Act and the regulatory program can be accomplished, applicable requirements under 62 Ill. Adm. Code 1773.15(c) that are pertinent to the revision are met, and the application for a revision complies with all requirements of the Act and the regulatory program.

d) Extensions of the permit area, except for incidental boundary revisions, shall be made by application for a new permit, and shall not be approved under this Part. Extensions of the shadow area, except for incidental boundary revisions, shall be made and approved pursuant to the requirements of this Part. Application for incidental boundary revisions shall be made pursuant to subsection (a). Incidental boundary revisions are those that:

1. Constitute a relatively small percentage of the initial permit acreage;

2. Are contiguous with the permit or shadow area acreage, except that isolated long-term support facilities associated with underground mining activities need not be contiguous provided those facilities do not include coal preparation or coal waste disposal areas. Non-contiguous incidental boundary revisions shall be subject to the performance standards of 62 Ill. Adm. Code 1817.182;

3. Are required for the orderly and continuous mining operation;

4. Would be reclaimed in conformity with the initial plan, except when provided under subsection (d)(2);

5. For the purpose of this Section, incidental boundary changes are described as follows:

Original Permit

Acres

Maximum Size of Boundary Changes Acres

Up to 10

1

Up to 25

2.5

Up to 50

5

Up to 75

7.5

Up to 100

10

Over 100

20

The maximum size for acreage additions to approved non-contiguous incidental boundary revision areas, as described in subsection (d)(2), shall be based upon the original boundary revision acreage, not the original permit acreage;

6. Notice of an incidental boundary revision application shall be published in a local newspaper in the area of the proposed activities. The notice shall describe the general area of the proposed activities and shall state the name and business address of the permittee, the address of the Department at which written comments on the application may be submitted, and the closing date of the comment period. In no case shall the public comment period be less than seven days. In order to process the incidental boundary revision application, proof of that publication must be submitted to the Department. The notice requirements of this subsection (d)(6) shall not apply to unplanned subsidence areas.

e) A determination as to what constitutes a significant departure shall be made by the Department in consultation with the permittee. Changes that do not alter the final reclamation or mining plan are considered minor and do not require permit revision. However, any request for the changes shall be included in a written request to the Department.

History

• Source: Amended at 43 Ill. Reg. 12909, effective October 16, 2019

62 Ill. Adm. Code 1774.15 Permit Renewals

a) A valid permit shall carry with it the right of successive renewal, within the approved boundaries of the existing permit, upon expiration of the term of the permit.

b) Application requirements and procedures.

1. An application for renewal of a permit shall be filed with the Department at least one hundred and eighty (180) days before expiration of the existing permit term.

2. An application for renewal of a permit shall be in the form required by the Department and shall include at a minimum:

A) The name and address of the permittee, the term of the renewal requested, and the permit number or other identifier;

B) Evidence that a liability insurance policy or adequate self-insurance under 62 Ill. Adm. Code 1800.60 will be provided by the applicant for the proposed period of renewal;

C) Evidence that the performance bond in effect for the operation will continue in full force and effect for any renewal requested, as well as any additional bond required by the Department pursuant to 62 Ill. Adm. Code 1800;

D) A copy of the proposed newspaper notice and proof of publication of same, as required by 62 Ill. Adm. Code 1778.21; and

E) Additional revised or updated information required by the Department.

3. Applications for renewal shall be subject to the requirements of public notification and public participation contained in 62 Ill. Adm Code 1773.13 and 1773.19(a)(3).

4. If an application for renewal includes any proposed revisions to the permit, such revisions shall be identified and be subject to the requirements of Section 1774.13.

5. If a complete application for renewal of a permit includes a proposal to extend the mining and reclamation operation beyond the permit area boundaries authorized in the existing permit, the portion of the complete application for renewal of a valid permit which addresses any new land areas shall be subject to the full standards applicable to new permit applications under the Act, and 62 Ill. Adm. Code 1773, 1777, 1778, 1779, 1780, 1783, 1784, 1785, and 1800.

c) Approval process.

1. Criteria for approval. The Department shall approve a complete and accurate application for permit renewal, unless it finds, in writing:

A) The terms and conditions of the existing permit are not being satisfactorily met;

B) The present surface coal mining and reclamation operations are not in compliance with the environmental protection standards of the Act and the regulatory program;

C) The requested renewal substantially jeopardizes the operator's continuing ability to comply with the Act and the regulatory program on existing permit areas;

D) The operator has not provided evidence of having liability insurance or self-insurance as required in 62 Ill. Adm. Code 1800.60;

E) The operator has not provided evidence that any performance bond required to be in effect for the operation will continue in full force and effect for the proposed period of renewal, as well as any additional bond the Department might require pursuant to 62 Ill. Adm. Code 1800; or

F) Additional revised or updated information required by the Department has not been provided by the applicant.

2. Burden of proof. In the determination of whether to approve or deny the renewal of a permit, the burden of proof shall be on the opponents of renewal.

d) Renewal term. Any permit renewal shall be for a term not to exceed the period of the original permit established under 62 Ill. Adm. Code 1773.19.

e) Notice of decision. The Department's decision issued pursuant to subsection (c) shall be made before the expiration of the original permit term. Within five (5) working days, the Department shall send copies of its decision to the applicant, to each person who filed comments or objections on the renewal, to each party to any informal conference held on the permit renewal, and to the Office of Surface Mining Reclamation and Enforcement (OSMRE).

f) Administrative and judicial review. Any person having an interest which is or may be adversely affected by the decision of the Department shall have the right to administrative and judicial review set forth in 62 Ill. Adm. Code 1847.3.

History

• Source: Amended at 17 Ill. Reg. 11083, effective July 1, 1993

62 Ill. Adm. Code 1774.17 Transfer, Assignment, or Sale of Permit Rights

a) No transfer, assignment, or sale of rights granted by a permit shall be made without the prior written approval of the Department.

b) An applicant for approval of the transfer, assignment, or sale of permit rights shall:

1. Provide the Department with an application for approval of the proposed transfer, assignment, or sale including:

A) The name and address of the existing permittee and permit number or other identifier;

B) A brief description of the proposed action requiring approval; and

C) The legal, financial, compliance, and related information required by 62 Ill Adm. Code 1778 for the applicant for approval of the transfer, assignment, or sale of permit rights.

2. Advertise the filing of the application in a newspaper of general circulation in the locality of the operations involved, indicating the name and address of the applicant, the permittee, the permit number or other identifier, the geographic location of the permit, and the address to which written comments may be sent. The advertisement shall be published at least once a week for two (2) consecutive weeks. A copy of the advertisement shall be submitted to the Department.

3. Obtain appropriate performance bond coverage in an amount sufficient to cover the proposed operations, as required under 62 Ill. Adm. Code 1800.

c) Any person having an interest which is or may be adversely affected by a decision on the transfer, assignment, or sale of permit rights, including an official of any Federal, State, or local government agency, may submit written comments on the application to the Department within thirty (30) days of the public notice required under subsection (b)(2).

d) The Department shall allow a permittee to transfer, assign, or sell permit rights to a successor, if it finds in writing, within sixty (60) days of the close of the public comment period in subsection (c), that the successor:

1. Is eligible to receive a permit in accordance with 62 Ill. Adm. Code 1773.15(b) and (c);

2. Has submitted a performance bond or other guarantee, or obtained the bond coverage of the original permittee, as required by 62 Ill. Adm. Code 1800; and

3. Meets any other requirements specified by the Department.

e) Notification.

1. Within five (5) working days of issuance, the Department shall notify the permittee, the successor, commenters, and OSMRE of its findings.

2. The successor shall immediately provide notice to the Department of the consummation of the transfer, assignment, or sale of permit rights.

f) The successor in interest shall assume the liability and reclamation responsibilities of the existing permit and shall conduct the surface coal mining and reclamation operations in full compliance with the Act, the regulatory program, and the terms and conditions of the existing permit, unless the applicant has obtained a new or revised permit as provided in this Part.

History

• Source: Amended at 14 Ill. Reg. 11900, effective January 1, 1991

Part 1777 General Content Requirements for Permit Applications

62 Ill. Adm. Code 1777.1 Scope

Part 1777 provides minimum requirements concerning the general content for permit applications under the State program.

62 Ill. Adm. Code 1777.11 Format and Contents

a) An application shall:

1. Contain current information, as required by 62 Ill. Adm. Code 1772 through 1785;

2. Be clear and concise; and

3. Be filed in the format required by the Illinois Department of Natural Resources (Department).

b) If used in the application, referenced materials shall be provided to the Department by the applicant. Relevant portions of referenced published materials shall be presented briefly and concisely in the application by photocopying or abstracting and with explicit citations.

c) Applications for permits; revisions; renewals; or transfers, sales or assignments of permit rights shall be verified under oath, by a responsible official of the applicant, that the information contained in the application is true and correct to the best of the official's information and belief.

62 Ill. Adm. Code 1777.13 Reporting of Technical Data

a) All technical data submitted in the application shall be accompanied by the names of persons or organizations that collected and analyzed the data, dates of the collection and analysis of the data, and descriptions of methodology used to collect and analyze the data.

b) Technical analyses shall be planned by or under the direction of a professional qualified in the subject to be analyzed.

62 Ill. Adm. Code 1777.14 Maps and Plans: General Requirements

a) Maps submitted with applications shall be presented in a consolidated format, to the extent possible, and shall include all the types of information that are set forth on topographic maps of the U.S. Geological Survey of the 1:24,000 scale series. Maps of the permit area shall be at a scale of 1:6,000 or larger. Maps of the permit area and adjacent area shall clearly show the lands and waters within those areas and be in a scale determined by the Department, but in no event smaller than 1:24,000.

b) All maps and plans submitted with the application shall distinguish among each of the phases during which surface coal mining operations were or will be conducted at any place within the life of operations. At a minimum, distinctions shall be clearly shown among those portions of the life of operations in which surface coal mining operations occurred:

1. Prior to August 3, 1977;

2. After August 3, 1977, and prior to May 3, 1978;

3. After May 3, 1978, and prior to February 1, 1983;

4. After the estimated date of issuance of a permanent program permit by the Department.

62 Ill. Adm. Code 1777.15 Completeness

An application for a permit to conduct surface coal mining and reclamation operations shall be complete and shall include at a minimum:

a) For surface mining activities, the information required under 62 Ill. Adm. Code 1778, 1779, and 1780, and as applicable to the operation, 62 Ill. Adm. Code 1785; and

b) For underground mining activities, the information required under 62 Ill. Adm. Code 1778, 1783, and 1784, and as applicable to the operation, Ill. Adm. Code 1785.

62 Ill. Adm. Code 1777.17 Permit Fees

a) After a permit application under 62 Ill. Adm. Code 1772 through 1785 has been deemed approvable, but before a permit is issued in accordance with 62 Ill. Adm. Code 1773.19, the Department shall notify the applicant in writing of the amount of fee required for the permit.

b) Permit fees are payable at the time of permit issuance and on the anniversary date of the permit. Those permits for which fees are not received within 30 days after the anniversary date are subject to the provisions of 62 Ill. Adm. Code 1840 through 1845.

c) Permit fees are payable as a lump sum or in equal annual increments for the permit term and shall be determined as follows:

1. The permit fee for areas to be surface mined is $125 per bonded acre;

2. For all other areas within the permit area, for both surface and underground mines, the fee will be $5 per acre for each year the bond is in force.

d) If permit fees are submitted within 180 days after the date of the Department's written findings approving a permit application, such fees may be paid in accordance with subsection (c). Permit fees which are not submitted within 180 days after the date of the Department's written findings approving a permit application shall be paid as a lump sum.

e) Failure to submit permit fees within 1 year after notification of the required fee amount shall result in the application being deemed null and void. The Department may issue an extension to this time limit if the applicant can demonstrate just cause (e.g., extended periods of illness, extreme inclement weather, acts of civil unrest, or other emergency situations) for doing so.

History

• Source: Amended at 26 Ill. Reg. 4215, effective March 6, 2002

Part 1778 Permit Applications – Minimum Requirements for Legal, Financial, Compliance, and Related Information

62 Ill. Adm. Code 1778.4 Responsibility (repealed)

History

• Source: Repealed at 11 Ill. Reg. 8368, effective July 1, 1987

62 Ill. Adm. Code 1778.9 Certifying and Updating Existing Permit Application Information

a) If the applicant has previously applied for a permit and the required information is already in the Applicant Violator System (AVS), then the applicant may update the information as shown in the following table.

If:

Then:

All or part of the information already in AVS is accurate and complete:

May certify to DNR by swearing or affirming, under oath and in writing, that the relevant information in AVS is accurate, complete and up to date.

Part of the information in AVS is missing or incorrect:

Must submit to DNR the necessary information or corrections and swear or affirm, under oath and in writing, that the information submitted is accurate and complete.

The applicant can neither certify that the data in AVS is accurate and complete nor make needed corrections:

Must include in the applicant's permit application the information required under this Part.

b) The applicant must swear or affirm, under oath and in writing, that all information provided by the applicant in the application is accurate and complete.

c) The Department may establish a central file to house the applicant's identity information, rather than place duplicate information in each of the applicant's permit application files. The Department will make the information available to the public upon request.

d) After the Department approves an application, but before issuing a permit, the applicant shall update, correct or indicate that no change has occurred in the information previously submitted under this subsection and Sections 1778.13 and 1778.14.

History

• Source: Added at 43 Ill. Reg. 12916, effective October 16, 2019

62 Ill. Adm. Code 1778.11 Applicability (repealed)

History

• Source: Repealed at 11 Ill. Reg. 8368, effective July 1, 1987

62 Ill. Adm. Code 1778.13 Identification of Interests

a) The applicant shall provide in the permit application:

1. A statement whether it and the operator are corporations, partnerships, sole proprietorships or other business entities; and

2. taxpayer identification numbers for it and the operator.

b) The applicant must provide the name, address and telephone number for:

1. the applicant;

2. the applicant's resident agent who will accept service of process;

3. any operator, if different from the applicant;

4. each business entity in the applicant's and operator's organizational structure, up to and including the ultimate parent entity of the applicant and operator. For every such business entity, the applicant must also provide the required information for every president, chief executive officer and director (or person in similar positions), and every person who owns, of record, 10 percent or more of the entity.

c) For the applicant and the operator, the applicant must provide the information required in subsection (d) for every:

1. officer;

2. partner;

3. member;

4. director;

5. person performing a function similar to a director; and

6. person who owns, of record, 10 percent or more of the applicant or operator.

d) The applicant must provide the following information for each person listed in subsection (c):

1. the person's name, address and telephone number;

2. the person's position title and relationship to the applicant, including percentage of ownership and location in the organizational structure; and

3. the date the person began functioning in that position.

e) The Department need not make a finding before entering into AVS the information required to be disclosed under this Section; however, the mere listing in AVS of a person identified in subsection (b) or (c) does not create a presumption or constitute a determination that the person owns or controls a surface coal mining operation.

f) The applicant must provide a list of all names under which it, the operator, the partners or principal shareholders, and the operator's partners or principal shareholders, operate or previously operated a surface coal mining operation in the United States within the five-year period preceding the date of submission of the application.

g) For the applicant and the operator, the applicant must provide a list of any pending permit applications for surface coal mining operations filed in the United States. The list must identify each application by its application number and jurisdiction, or by other identifying information when necessary.

h) For any surface coal mining operations the applicant or the operator owned or controlled within the five-year period preceding the date of submission of the application, and for any surface coal mining operation the applicant or the operator own or control on that date, the applicant must provide:

1. permittee's and operator's name and address;

2. permittee's and operator's taxpayer identification numbers;

3. federal or State permit number and corresponding Mine Safety and Health Administration (MSHA) number;

4. regulatory authority with jurisdiction over the permit; and

5. permittee's and operator's relationship to the operation, including percentage of ownership and location in the organizational structure.

i) The MSHA numbers for all mine-associated structures that require MSHA approval (see 30 CFR 77).

j) After an applicant is notified that his or her application is approved, but before the permit is issued, the applicant shall, as applicable, update, correct or indicate that no change has occurred in the information previously submitted under subsections (a) through (d). Information submitted as a change shall be evaluated in the same manner as the original application.

k) The applicant shall submit, in its application, and at other times at the request of the Department or the federal Office of Surface Mining Reclamation and Enforcement, the information and documentation required by this Sectionand Sections 1778.14 and 1778.15.

History

• Source: Amended at 43 Ill. Reg. 12916, effective October 16, 2019

62 Ill. Adm. Code 1778.14 Violation Information

a) The applicant must state in the permit application whether it, the operator or any subsidiary, affiliate or entity that it or the operator owns or controls, or that is under common control with the applicant or the operator, has:

1. had a federal or State permit for surface coal mining suspended or revoked during the five-year period preceding the date of submission of theapplication; or

2. forfeited a performance bond, or similar security deposited in lieu of bond, in connection with surface coal mining and reclamation operations during the five-year period preceding the date of submission of the application.

b) For each suspension, revocation or forfeiture identified under subsection (a), the applicant must provide a brief explanation of the facts involved, including the:

1. permit number;

2. date of suspension, revocation or forfeiture and, when applicable, the amount of bond or similar security forfeited;

3. regulatory authority that suspended or revoked the permit or forfeited the bond and the stated reasons for that action;

4. the current status of the permit, bond or similar security involved; and

5. the date, location, type and current status of any administrative or judicial proceedings concerning the suspension, revocation or forfeiture.

c) A list of all violation notices the applicant or the operator received for any surface coal mining and reclamation operation during the three-year period preceding the date of submission of the application. In addition, the applicant must submit a list of all unabated or uncorrected violation notices incurred in connection with any surface coal mining and reclamation operation that the applicant or the operator own or control on that date. For each violation notice reported, the applicant shall include the following information as applicable:

1. the permit number and associated MSHA number;

2. the issue date, identification number and current status of the violation notice;

3. the name of the person to whom the violation notice was issued;

4. the name of the regulatory authority or agency that issued the violation notice;

5. a brief description of the violation alleged in the notice;

6. the date, location, type and current status of any administrative or judicial proceedings concerning the violation notice;

7. if the abatement period for a violation in a notice of violation issued under 62 Ill. Adm. Code 1843.12 has not expired, certification that the violation is being abated or corrected to the satisfaction of the agency with jurisdiction over the violation; and

8. for all violations not covered by subsection (c)(7), the actions taken to abate or correct the violation.

d) An application shall contain information about the applicant's present financial condition that would provide assurance to the Department that no further forfeiture would be expected.

e) After an applicant is notified that his or her application is approved, but before the permit is issued, the applicant shall, as applicable, update, correct or indicate that no change has occurred in the information previously submitted under this Section. Information submitted as a change shall be evaluated in the same manner as the original application.

History

• Source: Amended at 43 Ill. Reg. 12916, effective October 16, 2019

62 Ill. Adm. Code 1778.15 Right of Entry Information

a) An application shall contain:

1. the name and address of each legal or equitable owner of record of the surface and mineral property to be mined, each holder of record of any leasehold interest in the property to be mined, and any purchaser of record under a real estate contract for the property to be mined;

2. the name and address of each owner of record of all property (surface and subsurface) contiguous to any part of the proposed permit area;

3. a statement of all lands, interest in lands, options, or pending bids on interests held or made by the applicant for lands contiguous to the area described in the permit application. If requested by the applicant, any information required in this Section that is not on public file pursuant to State law shall be held in confidence by the Department, as provided in 62 Ill. Adm. Code 1773.13(d)(3)(B); and

4. the Mine Safety and Health Administration (MSHA) numbers for all structures that require MSHA approval.

b) An application shall contain a description of the documents upon which the applicant bases his or her legal right to enter and begin surface coal mining and reclamation operations in the permit area and shall state whether that right is the subject of pending litigation. The description shall identify those documents by type and date of execution, identify the specific lands to which the document pertains, and explain the legal rights claimed by the applicant. The Department will not be liable in any way if the claimed right to enter and begin surface mining activities has been, or is later, adjudicated invalid by a court of competent jurisdiction. Documents shall not be submitted to the Department in lieu of the description identified in this subsection; however, the Department may subsequently require the applicant to provide such information during the permitting process.

c) For surface mining activities where the private mineral estate to be mined has been severed from the private surface estate, the application shall also provide for lands within the permit area:

1. a copy of the written consent of the surface owner to the extraction of coal by surface mining methods;

2. a copy of the conveyance that expressly grants or reserves the right to extract the coal by surface mining methods; or

3. if the conveyance does not expressly grant the right to extract the coal by surface mining methods, documentation that under the applicable State law, the applicant has the legal authority to extract the coal by those methods.

d) Nothing in this Section shall be construed to afford the Department the authority to adjudicate property title disputes.

e) In satisfaction of the requirements of this Section the Department may accept, as part of a permit application, a statement, notarized and attested to the truth of the statement, signed by an attorney licensed to practice law in the State of Illinois, the applicant has the legal right to enter and commence the surface coal mining and reclamation operations proposed in the application. The statement shall identify the documents upon which it is based by type and date of execution, identify the specific lands to which each document pertains, and explain the legal rights claimed by the applicant. If subsection (c) applies, the statement shall also include copies of the documents as required in subsections (c)(1) through (3).

f) An application in which the applicant claims to have valid existing rights to conduct surface coal mining operations in an area where mining is prohibited or limited under 62 Ill. Adm. Code 1761.11 shall contain the necessary information and meet the requirements of Section 1778.16 and the applicable portions of 62 Ill. Adm. Code 1761.14 through 1761.17.

g) All applications for shadow area shall contain a notarized statement by a responsible official of the applicant attesting that all necessary mining rights, including the right to subside, if applicable, have been or will be obtained prior to mining.

History

• Source: Amended at 43 Ill. Reg. 12916, effective October 16, 2019

62 Ill. Adm. Code 1778.16 Relationship to Areas Designated Unsuitable for Mining

a) An application shall contain a statement of available information on whether the proposed permit and shadow areas are within an area designated unsuitable for surface coal mining and reclamation operations or under study for designation in an administrative proceeding under 62 Ill. Adm. Code 1762 and 1764.

b) If an applicant claims the exemption in 62 Ill. Adm. Code 1762.13(c), the application shall contain information supporting the applicant's assertion that it made substantial legal and financial commitments before January 4, 1977, concerning the proposed surface coal mining and reclamation operations.

c) An application in which the applicant proposes to conduct surface coal mining operations within 300 feet of an occupied dwelling or within 100 feet of a public road must meet the requirements of 62 Ill. Adm. Code 1761.15 or 1761.14, respectively.

History

• Source: Amended at 27 Ill. Reg. 4668, effective February 26, 2003

62 Ill. Adm. Code 1778.17 Permit Term

a) Each application shall state the anticipated or actual starting and termination date of each phase of the surface coal mining and reclamation operation and the anticipated number of acres of land to be affected during each phase of mining and over the life of the mine.

b) If the applicant requires an initial permit term in excess of five (5) years in order to obtain necessary financing for equipment and the opening of the operation, the application shall:

1. Be complete and accurate covering the specified longer term; and

2. Show that the proposed longer term is needed to allow the applicant to obtain financing for equipment and for the opening of the operation with the need confirmed, in writing, by the applicant's proposed source of financing.

History

• Source: Amended at 11 Ill. Reg. 8368, effective July 1, 1987

62 Ill. Adm. Code 1778.18 Insurance

An application shall contain a certificate of liability insurance issued in compliance with 62 Ill. Adm. Code 1800.60.

History

• Source: Amended at 11 Ill. Reg. 8368, effective July 1, 1987

62 Ill. Adm. Code 1778.20 Identification of Location of Public Office for Filing of Application (repealed)

History

• Source: Repealed at 11 Ill. Reg. 8368, effective July 1, 1987

62 Ill. Adm. Code 1778.21 Proof of Publication

A copy of the newspaper advertisement of the application for a permit, significant revision of a permit or renewal of a permit and proof of publication of the advertisement shall be filed with the Department and made a part of the complete application, not later than four (4) weeks after the last date of publication required under 62 Ill. Adm. Code 1773.13(a)(1).

History

• Source: Amended at 11 Ill. Reg. 8368, effective July 1, 1987

62 Ill. Adm. Code 1778.22 Facilities or Structures Used in Common

The plans of a facility or structure that is to be shared by two or more separately permitted mining operations may be included in one (1) permit application and referenced in the other applications. In accordance with 62 Ill. Adm. Code 1800, each permittee shall bond the facility or structure unless the permittees sharing it agree to another arrangement for assuming their respective responsibilities. If such agreement is reached, then the application shall include a copy of the agreement between or among the parties setting forth the respective bonding responsibilities of each party for the facility or structure. The agreement shall be approved by the Department if it demonstrates that all responsibilities under the regulatory program for the facility or structure will be met.

History

• Source: Added at 11 Ill. Reg. 8368, effective July 1, 1987

Part 1779 Surface Mining Permit Applications – Minimum Requirements for Information on Environmental Resources

62 Ill. Adm. Code 1779.4 Responsibilities

a) It is the responsibility of the permit applicant to provide, except where specifically exempted in this Part, all information required by this Part in the application.

b) It is the responsibility of State and Federal government agencies to provide information for applications as specifically required by this Part.

62 Ill. Adm. Code 1779.5 Use of Existing Data

Permit applicants may comply with the requirements of 62 Ill. Adm. Code 1778, 1779, 1780, 1783, 1784 by reliance upon accurate data already in the possession of the applicant or the Illinois Department of Natural Resources (Department), through incorporating such data by reference into permit applications, provided that the incorporated information is made publicly available under Article II of the Surface Coal Mining Land Conservation and Reclamation Act [225 ILCS 720/Art. II] (State Act), and 62 Ill. Adm. Code 1773.

History

• Source: Amended at 11 Ill. Reg. 8585, effective July 1, 1987

62 Ill. Adm. Code 1779.6 Use of Expert Opinion

Permit applicants may comply with 62 Ill. Adm. Code 1778, 1779, 1780, 1783 and 1784 by providing accurate descriptive and predictive information relating to geology, water quantity for a particular permit area, based upon expert opinion extrapolation from known data on the geology, water quality and quantity of similar areas, rather than by the collection of new data for the particular site, provided that the data used by an expert are included within the permit application, the expert opinion is approved by the Department, and made available to the public for review and inspection.

History

• Source: Amended at 11 Ill. Reg. 8585, effective July 1, 1987

62 Ill. Adm. Code 1779.7 Seasonal Water Quality Data (repealed)

History

• Source: Repealed at 11 Ill. Reg. 8585, effective July 1, 1987

62 Ill. Adm. Code 1779.11 General Requirements

Each permit application shall include a description of the existing, premining environmental resources within the proposed permit area and adjacent areas that may be affected or impacted by the proposed surface mining activities.

62 Ill. Adm. Code 1779.12 General Environmental Resources Information

Each application shall describe and identify:

a) The lands subject to surface coal mining operations over the estimated life of those operations and the size, sequence, and timing of the subareas for which it is anticipated that individual permits for mining will be sought; and the nature of cultural, archeological and historic resources listed or eligible for listing on the National Register of Historic Places in accordance with the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470 et seq.) and known archeological features within the proposed permit and adjacent areas. The description shall be based on all available information, including, but not limited to, data of State and local archeological, historical, and cultural preservation agencies.

b) If the information provided pursuant to subsection (a) is not adequate to enable the Department to make the finding required in 62 Ill. Adm. Code 1773.15(c)(12) because information available to the Department indicates a substantial likelihood of currently unknown resources which would be eligible for the National Register of Historic Places within the proposed permit or adjacent areas, the Department shall require the applicant to submit additional information to enable the Department to identify and evaluate such resources. Indications of cultural, archeological, and historical resources shall be based upon such factors including, but not limited to, topographic and physiographic characteristics and other cultural, archeological, and historical resource data for the proposed permit or adjacent areas. An applicant shall be required to conduct field investigations under this subsection as determined necessary by the Department in consultation with the Illinois State Historic Preservation Agency, if such field investigation will provide the information required by subsection (a). A field investigation is a pedestrian archeological survey supplemented by shovel testing, where appropriate.

History

• Source: Amended at 14 Ill. Reg. 11924, effective January 1, 1991

62 Ill. Adm. Code 1779.13 Description of Hydrology and Geology: General Requirements (repealed)

History

• Source: Repealed at 11 Ill. Reg. 8585, effective July 1, 1987

62 Ill. Adm. Code 1779.14 Geology Description (repealed)

History

• Source: Repealed at 11 Ill. Reg. 8585, effective July 1, 1987

62 Ill. Adm. Code 1779.15 Ground Water Information (repealed)

History

• Source: Repealed at 11 Ill. Reg. 8585, effective July 1, 1987

62 Ill. Adm. Code 1779.16 Surface Water Information (repealed)

History

• Source: Repealed at 11 Ill. Reg. 8585, effective July 1, 1987

62 Ill. Adm. Code 1779.17 Alternative Water Supply Information (repealed)

History

• Source: Repealed at 11 Ill. Reg. 8585, effective July 1, 1987

62 Ill. Adm. Code 1779.19 Vegetation Information

a) The permit application shall contain a map that delineates existing vegetative types and a description of the plant communities within the proposed permit area and within any proposed reference area. This description shall include information adequate to predict the potential for reestablishing vegetation.

b) When a map or aerial photograph is required, sufficient adjacent areas shall be included to allow evaluation of vegetation as important habitat for fish and wildlife for those species of fish and wildlife identified under 62 Ill. Adm. Code 1780.16.

History

• Source: Amended at 17 Ill. Reg. 11118, effective July 1, 1993

62 Ill. Adm. Code 1779.20 Fish and Wildlife Resources Information (repealed)

History

• Source: Repealed at 14 Ill. Reg. 11924, effective January 1, 1991

62 Ill. Adm. Code 1779.21 Soil Resources Information

a) The applicant shall provide adequate soil survey information for the permit area consisting of the following:

1. A map delineating different soils;

2. Soil identification;

3. Soil description including topsoil (A Horizon) thickness and sample location; and

4. Present and potential productivity of existing soils.

b) Where the applicant proposes to use selected overburden materials as a supplement or substitute for topsoil, the application shall provide results of the analyses, trials, and tests required under 62 Ill. Adm. Code 1816.22.

History

• Source: Amended at 11 Ill. Reg. 8585, effective July 1, 1987

62 Ill. Adm. Code 1779.22 Land Use Information (repealed)

History

• Source: Repealed at 20 Ill. Reg. 2146, effective January 19, 1996

62 Ill. Adm. Code 1779.24 Maps: General Requirements

The permit application shall include maps showing:

a) All boundaries of lands and names of present owners of record of those lands, both surface and subsurface, included in or contiguous to the permit area;

b) The boundaries of land within the proposed permit area upon which the applicant has the legal right to enter and begin surface mining activities;

c) The boundaries of all areas proposed to be affected over the estimated total life of the proposed surface mining activities, with a description of size, sequence, and timing of the subareas for which it is anticipated that additional permits will be sought;

d) The location of all buildings on and within one thousand (1,000) feet of the proposed permit area, with identification of the current use of the buildings;

e) The location of surface and subsurface man-made features within, passing through, or passing over the proposed permit area, including, but not limited to major electric transmission lines, pipelines, and agricultural drainage tile fields;

f) The location and boundaries of any proposed reference areas for determining the success of revegetation;

g) The locations of water supply intakes for current users of surface water flowing into, out of, and within a hydrologic area defined by the Department, and those surface waters which will receive discharges from affected areas in the proposed permit area;

h) Each public road located in or within one hundred (100) feet of the proposed permit area;

i) The boundaries of any public park and locations of any cultural or historical resources listed or eligible for listing in the National Register of Historic Places and known archeological sites within the permit and adjacent areas.

j) Each public or private cemetery located in or within one hundred (100) feet of the proposed permit area;

k) Any land within the proposed permit area which is within the boundaries of any units of the National System of Trails or the Wild and Scenic Rivers System, including rivers under study for inclusion in the Wild and Scenic Rivers System; and

l) Other relevant information required by the Department.

History

• Source: Amended at 11 Ill. Reg. 8585, effective July 1, 1987

62 Ill. Adm. Code 1779.25 Cross Sections, Maps and Plans

a) The application shall include cross sections, maps, and plans showing:

1. Elevations and locations of test borings and core samplings;

2. Elevations and locations of monitoring stations used to gather data for water quality and quantity, fish and wildlife, and air quality, if required, in preparation of the application;

3. Nature, depth, and thickness of the coal seams to be mined, any coal or rider seams above the seam to be mined, each stratum of the overburden, and the stratum immediately below the lowest coal seam to be mined;

4. All coal crop lines and the strike and dip of the coal to be mined within the proposed permit area;

5. Location and extent of known workings of active, inactive, or abandoned underground mines, including mine openings to the surface within the proposed permit and adjacent areas;

6. Location and extent of subsurface water, if encountered, within the proposed permit or adjacent areas;

7. Location of surface water bodies such as streams, lakes, ponds, springs, constructed or natural drains, and irrigation ditches within the proposed permit and adjacent areas;

8. Location and extent of existing or previously surface-mined areas within the proposed permit area;

9. Location, and dimensions of existing areas of spoil, waste, and noncoal waste disposal, dams, embankments, other impoundments, and water treatment and air pollution control facilities within the proposed permit area;

10. Location, and depth if available, of gas and oil wells within the proposed permit area and water wells in the permit area and adjacent area.

b) Maps, plans, and cross-sections included in a permit application which are required by this Section shall be prepared by, or under the direction of, and sealed by a qualified registered professional engineer licensed under the Professional Engineering Practice Act of 1989 [225 ILCS 325] or a registered professional land surveyor licensed under the Illinois Professional Land Surveyor Act of 1989 [225 ILCS 330] with assistance from experts in related fields such as geology and landscape architecture and shall be updated as required by the Department.

History

• Source: Amended at 20 Ill. Reg. 2146, effective January 19, 1996

62 Ill. Adm. Code 1779.27 Prime Farmland Investigation (repealed)

History

• Source: Repealed at 11 Ill. Reg. 8585, effective July 1, 1987

Part 1780 Surface Mining Permit Applications – Minimum Requirements for Reclamation and Operation Plan

62 Ill. Adm. Code 1780.4 Responsibilities

a) It is the responsibility of the applicants to provide to the Department all of the information required by this Part, except where specifically exempted in this Part.

b) It is the responsibility of State and Federal governmental agencies to provide information to the Department where specifically required in this Part.

62 Ill. Adm. Code 1780.5 Use of Existing Data

Permit applicants may comply with the requirements of 62 Ill. Adm. Code 1778, 1779, 1780, 1783, and 1784 by reliance upon accurate data already in the possession of the applicant or the Department of Natural Resources (Department), through incorporating such data by reference into permit applications, provided that the incorporated information is made publicly available under Article II of the Surface Coal Mining Land Conservation and Reclamation Act [225 ILCS 720/Art. II] (State Act) and 62 Ill. Adm. Code 1773.

History

• Source: Amended at 11 Ill. Reg. 8602, effective July 1, 1987

62 Ill. Adm. Code 1780.6 Use of Expert Opinion

Permit applicants shall comply with Part 62 Ill. Adm. Code 1778, 1779, 1780, 1783, and 1784 by providing accurate descriptive and predictive information relating to geology, water quality and quantity for a particular permit area, based upon expert opinion extrapolation from known data on geology, water quality and quantity of similar areas, rather than by the collection of new data for the particular site, provided that the data used by an expert are included within the permit application, the expert opinion is approved by the Department, and made available to the public for review and inspection. The Department's approval shall be based upon the expert's education and/or training in the field in which the expert is offering an opinion.

History

• Source: Amended at 11 Ill. Reg. 8602, effective July 1, 1987

62 Ill. Adm. Code 1780.11 Operation Plan: General Requirements

Each application shall contain a description of the mining operations proposed to be conducted during the life of the mine within the proposed permit area, including, at a minimum, the following:

a) A narrative description of the type and method of coal mining procedures and proposed engineering techniques, anticipated annual and total production of coal, by tonnage, and the major equipment to be used for all aspects of those operations; and

b) A narrative explaining the construction, modification, use, maintenance, and removal of the following facilities (unless retention of such facilities is necessary for postmining land used as specified in 62 Ill. Adm. Code 1816.133).

1. Dams, embankments, and other impoundments;

2. Overburden and topsoil handling and storage areas and structures;

3. Coal removal, handling, storage, cleaning, and transportation areas and structures;

4. Spoil, coal processing waste, and non-coal waste removal, handling, storage, transportation, and disposal areas and structures;

5. Mine facilities; and

6. Water and air pollution control facilities.

62 Ill. Adm. Code 1780.12 Operation Plan: Existing Structures

a) Each application shall contain a description of each existing structure proposed to be used in connection with or to facilitate the surface coal mining and reclamation operations. The description shall include:

1. Location;

2. Plans of the structure which describe its current condition;

3. Approximate dates on which construction of the existing structure was begun and completed; and

4. A showing, including relevant monitoring data or other evidence, whether the structure meets the performance standards of 62 Ill. Adm. Code 1810 through 1828 (Permanent Program Standards) or, if the structure does not meet the performance standards of 62 Ill. Adm. Code 1810 through 1828, a showing whether the structure meets the performance standards of 62 Ill. Adm. Code 280-300 (Interim Program Standards).

b) Each application shall contain a compliance plan for each existing structure proposed to be modified or reconstructed for use in connection with or to facilitate the surface coal mining and reclamation operation. The compliance plan shall include:

1. Design specifications for the modification or reconstruction of the structure to meet the design and performance standards of 62 Ill. Adm. Code 1810 through 1828.

2. A construction schedule which shows dates for beginning and completing interim steps and final reconstruction;

3. Provisions for monitoring the structure during and after modification or reconstruction to ensure that the performance standards of 62 Ill. Adm. Code 1810 through 1828 are met; and

4. A showing that the risk of harm to the environment or to public health or safety is not significant during the period of modification or reconstruction.

History

• Source: Amended at 11 Ill. Reg. 8602, effective July 1, 1987

62 Ill. Adm. Code 1780.13 Operation Plan: Blasting

Each application shall contain a blasting plan for the proposed permit area, explaining how the applicant will comply with the requirements of 62 Ill. Adm. Code 1816.61 through 1816.68 and including the following:

a) This plan shall include, at a minimum, information setting forth the limitations the operator will meet with regard to ground vibration and airblast, the bases for those limitations, and the methods to be applied in controlling the adverse effects of blasting operations.

b) Each application shall contain a description of any system to be used to monitor compliance with the standards of 62 Ill. Adm. Code 1816.67 including the type, capability, and sensitivity of any blast-monitoring equipment and proposed procedures and locations of monitoring.

c) Blasting operations within five hundred (500) feet of active underground mines require approval of the Department and Federal Mine Safety and Health Administration (MSHA).

History

• Source: Amended at 11 Ill. Reg. 8602, effective July 1, 1987

62 Ill. Adm. Code 1780.14 Operation Plan: Maps and Plans

Each application shall contain maps and plans as follows:

a) The maps and plans shall show the lands proposed to be affected throughout the operations and any change in a facility or feature to be caused by the proposed operations, if the facility or feature was shown under 62 Ill. Adm. Code 1779.24 through 1779.25.

b) The following shall be shown for the proposed permit area unless also specifically required for the adjacent area by the requirements of this Section:

1. Buildings, utility corridors, and facilities to be used;

2. The area of land to be affected within the proposed permit area, according to the sequence of mining and reclamation;

3. Each area of land for which a performance bond or other equivalent guarantee will be posted under 62 Ill. Adm. Code 1800;

4. Each coal storage, cleaning, and loading area;

5. Each topsoil, spoil, coal waste, and noncoal waste storage area;

6. Each water diversion, collection, conveyance, treatment, storage, and discharge facility to be used;

7. Each air pollution collection and control facility;

8. Each source of waste and each waste disposal facility relating to coal processing or pollution control;

9. Each facility to be used to protect and enhance fish and wildlife and related environmental values;

10. Each explosive storage and handling facility; and

11. Location of each sedimentation pond, permanent water impoundment, coal processing waste bank, and coal processing waste dam and embankment, in accordance with 62 Ill. Adm. Code 1780.25, and fill area for the disposal of excess spoil in accordance with 62 Ill. Adm. Code 1780.35.

c) Except as provided in Section 1780.25(a)(2), 1780.25(a)(3), 1780.35(a), and 62 Ill. Adm. Code 1816.71(b), 1816.74(c) and 1816.81(c), cross-sections, maps and plans required under subsections (b)(4), (5), (6), (10) and (11) shall be prepared by, or under the direction of, and sealed by a qualified registered professional engineer licensed under The Illinois Professional Engineering Act (Ill. Rev. Stat. 1985, ch. 111, pars. 5101-5137), a qualified registered structural engineer licensed under The Illinois Structural Engineering Act (Ill. Rev. Stat. 1985, ch. 111, pars. 6501-6530), or, if authorized by state law, a qualified registered professional land surveyor licensed under The Illinois Land Surveyors Act (Ill. Rev. Stat. 1985, ch. 111, pars. 3201-3234), with assistance from experts in related fields such as geology and landscape architecture.

History

• Source: Amended at 11 Ill. Reg. 8602, effective July 1, 1987

62 Ill. Adm. Code 1780.15 Air Pollution Control Plan

The application shall contain a plan for fugitive dust control practices, as required under 62 Ill. Adm. Code 1816.95.

History

• Source: Added at 11 Ill. Reg. 8602, effective July 1, 1987

62 Ill. Adm. Code 1780.16 Fish and Wildlife Plan

a) Resource information. Each application shall include fish and wildlife resource information for the permit area and adjacent area.

1. The scope and level of detail for such information shall be determined by the Department in consultation with State and Federal agencies with responsibilities for fish and wildlife and shall be sufficient to design the protection and enhancement plan required under subsection (b).

A) Prior to initiating such studies, the applicant shall contact the Department to determine, in accordance with subsection (a)(1)(B), what fish and wildlife resources information will be required.

B) The Department shall determine the level of detail and the areas of such studies according to:

i) Published data and other pertinent unpublished information;

ii) Site-specific information obtained by the applicant; and

iii) Written guidance obtained from agencies consulted.

2. Site-specific resource information necessary to address the respective species or habitats shall be required when the permit area or adjacent area is likely to include:

A) Listed or proposed endangered or threatened species of plants or animals or their critical habitats listed by the Secretary under the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.) or those species or habitats protected by the Illinois Endangered Species Protection Act [520 ILCS 10];

B) Habitats of unusually high value for fish and wildlife such as important streams, wetlands, riparian areas, cliffs supporting raptors, areas offering special shelter or protection, migration routes, or reproduction and wintering areas; or

C) Other species or habitats identified through agency consultation as requiring special protection under State or Federal law.

b) Protection and enhancement plan. Each application shall include a description of how, to the extent possible using the best technology currently available, the operator will minimize disturbances and adverse impacts on fish and wildlife and related environmental values, including compliance with the Endangered Species Act, during the surface coal mining and reclamation operations and how enhancement of these resources will be achieved where practicable. This description shall –

1. Be consistent with the requirements of 62 Ill. Adm. Code 1816.97;

2. Apply, at a minimum, to species and habitats identified under subsection (a); and

3. Include –

A) Protective measures that will be used during the active mining phase of operation. Such measures may include the establishment of buffer zones, the selective location and special design of haul roads and powerlines, and the monitoring of surface water quality and quantity; and

B) Enhancement measures that will be used during the reclamation and postmining phase of operation to develop aquatic and terrestrial habitat. Such measures may include restoration of streams and other wetlands, retention of ponds and impoundments, establishment of vegetation for wildlife food and cover, and the replacement of perches and nest boxes. Where the plan does not include enhancement measures, a statement shall be given explaining why enhancement is not practicable.

c) Fish and Wildlife Service review. Upon request, the Department shall provide the resource information required under subsection (a) and the protection and enhancement plan required under subsection (b) to the U.S. Department of the Interior, Fish and Wildlife Service Regional or Field Office for their review. This information shall be provided within 10 days of receipt of the request from the Service.

History

• Source: Amended at 15 Ill. Reg. 17294, effective January 1, 1992

62 Ill. Adm. Code 1780.18 Reclamation Plan: General Requirements

a) Each application shall contain a plan for reclamation of the lands within the proposed permit area, showing how the applicant will comply with Section 515 of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1201 et seq.) (Federal Act), Sections 3.01 through 3.26 of the State Act, and 62 Ill. Adm. Code 1810, 1815, 1816, 1817, 1819, 1823, 1824, 1825, 1827, and 1828. The plan shall include, at a minimum, all information required under Sections 1780.18 through 1780.37.

b) Each plan shall contain the following information for the proposed permit area:

1. A detailed timetable for the completion of each major step in the reclamation plan;

2. A detailed estimate of the cost of reclamation of the proposed operations required to be covered by a performance bond under 62 Ill. Adm. Code 1800, with supporting calculations for the estimates;

3. A plan for backfilling, soil stabilization, compacting, and grading, with contour maps or cross-sections that show the anticipated final surface configuration of the proposed permit area, in accordance with 62 Ill. Adm. Code 1816.102 through 1816.107;

4. A plan for removal, storage, and redistribution of topsoil, subsoil, and other material to meet the requirements of 62 Ill. Adm. Code 1816.22. A demonstration of the suitability of topsoil substitutes or supplements under 62 Ill. Adm. Code 1816.22(b) shall be based upon analysis of the thickness of soil horizons, total depth, texture, percent coarse fragments, pH, and areal extent of the different kinds of soils. The Department shall require other chemical and physical analyses, field-site trials, or greenhouse tests if determined to be necessary or desirable to demonstrate the suitability of the topsoil substitutes or supplements.

5. A plan for revegetation as required in 62 Ill. Adm. Code 1816.111 through 1816.117, including, but not limited to, descriptions of the:

A) Schedule of revegetation;

B) Species and amounts per acre of seeds and seedlings to be used;

C) Methods to be used in planting and seeding;

D) Mulching techniques;

E) Irrigation, if appropriate, and pest and disease control measures, if any;

F) Measures proposed to be used to determine the success of revegetation as required in 62 Ill. Adm. Code 1816.116; and

G) A soil testing plan for evaluation of the results of topsoil handling and reclamation procedures related to revegetation.

6. A description of the measures to be used to maximize the use and conservation of the coal resource as required in 62 Ill. Adm. Code 1816.59;

7. A description of measures to be employed to ensure that all debris, acid-forming and toxic-forming materials, and materials constituting a fire hazard are disposed of in accordance with 62 Ill. Adm. Code 1816.89 and 1816.102 and a description of the contingency plans which have been developed to preclude sustained combustion of such materials;

8. A description, including appropriate cross-sections and maps, of the measures to be used to seal or manage mine openings, and to plug, case, or manage exploration holes, other boreholes, wells, and other openings within the proposed permit area, in accordance with 62 Ill. Adm. Code 1816.13 through 1816.15; and

9. A description of steps to be taken to comply with the requirements of the Clean Air Act (42 U.S.C. 7401 et seq.), the Clean Water Act (33 U.S.C. 1251 et seq.), and other applicable air and water quality laws and regulations and health and safety standards.

History

• Source: Amended at 11 Ill. Reg. 8602, effective July 1, 1987

62 Ill. Adm. Code 1780.21 Hydrologic Information

a) All water quality analyses performed to meet the requirements of this Section shall be conducted according to the methodology in the 15th edition of "Standard Methods for the Examination of Water and Wastewater," (1980) which is incorporated by reference, or the methodology in 40 CFR 136 and 434. Water quality sampling performed to meet the requirements of this Section shall be conducted according to either methodology listed above when feasible. "Standard Methods for the Examination of Water and Wastewater" (1980) is a joint publication of the American Public Health Association, the American Water Works Association and the Water Pollution Control Federation and is available from the American Public Health Association, 1015 15th Street, NW, Washington, D.C. 20036. This document is also available for inspection at the Department's Springfield office.

b) The application shall contain the following baseline hydrologic information. When this information is insufficient for the Department to determine if adverse impacts may result to the hydrologic balance, additional information shall be required, such as but not limited to water supply contamination or diminution.

1. Ground water information. The location and ownership for the permit and adjacent area of existing wells, springs, and other ground water resources, seasonal quality and quantity of ground water, and usage.

A) Ground water quality descriptions shall include, at a minimum, pH, total dissolved solids, hardness, alkalinity, acidity, sulfates, total iron and total manganese. The Department shall allow the measurement of specific conductance in lieu of total dissolved solids if the permittee develops site-specific relationships precisely correlating specific conductance to total dissolved solids for specific sites for all zones being monitored.

B) Ground water quantity descriptions shall include, at a minimum, rates of discharge or usage and elevation of the potentiometric surface in the coal to be mined, in each water-bearing stratum above the coal to be mined, and in each water-bearing statum which may be potentially impacted below the coal to be mined.

2. Surface water information. The name, location, ownership, and description of all surface water bodies, such as streams, lakes, and impoundments, the location of any discharge into any surface water body in the proposed permit and adjacent areas, and information on surface water quality and quantity sufficient to demonstrate seasonal variation and water usage.

A) Water quality descriptions shall include, at a minimum, baseline information on pH, total suspended solids, total dissolved solids, alkalinity, acidity, sulfates, total iron and total manganese. The Department shall allow the measurement of specific conductance in lieu of total dissolved solids if the permittee develops site-specific relationships precisely correlating specific conductance to total dissolved solids for specific sites for all surface water points being monitored.

B) Water quantity descriptions shall include, at a minimum, baseline information on seasonal flow rates.

3. If the determination of probable hydrologic consequences required by subsection (f) below indicates that adverse impacts on or off the proposed permit area may occur to the hydrologic balance, or that acid-forming or toxic-forming material is present that may result in the contamination of ground or surface water supplies, then information supplemental to that required under subsections (b)(1) and (2) shall be provided to evaluate such probable hydrologic consequences and to plan remedial and reclamation activities. Such supplemental information shall be based upon drilling, hydrogeologic analyses of water-bearing strata, flood flows, or analysis of other water quality or quantity characteristics.

c) Baseline cumulative impact area information.

1. Hydrologic and geologic information for the cumulative impact area necessary to assess the probable cumulative hydrologic impacts of the proposed operation and all anticipated mining on surface and ground water systems as required by subsection (g) shall be provided to the Department, if available from appropriate Federal or State agencies.

2. If the information is not available from such agencies, then the applicant may gather and submit this information to the Department as part of the permit application.

3. The permit shall not be approved until the necessary hydrologic and geologic information is available to the Department.

d) The use of modeling techniques, interpolation or statistical techniques may be included as part of the permit application if such techniques will enhance the evaluation of hydrological impacts, but actual surface and ground water information may be required by the Department for the purposes of calibration of such models for each site even when such techniques are used.

e) If the determination of probable hydrologic consequences required in subsection (f) indicates that the proposed mining operation may proximately result in the contamination, diminution, or interruption of an underground or surface water source of water within the proposed permit or adjacent areas which is used for domestic, agricultural, industrial, or other legitimate purpose, then the application shall contain information on water availability and alternative water sources, including the suitability of the alternate water source for existing premining uses and approved post-mining land uses.

f) Determination of the probable hydrologic consequences (PHC).

1. The application shall contain a determination of the probable hydrologic consequences of the proposed surface mining activities, on the proposed permit area and adjacent area, with respect to the hydrologic regime and the quantity and quality of water in surface and ground water systems under all seasonal conditions, including the contents of dissolved and total suspended solids, total iron, pH, total manganese, and other parameters required by the Department if such parameters are necessary to assure an accurate determination of probable hydrologic consequences.

2. The PHC determination shall be based on baseline hydrologic, geologic and other information collected for the permit application and may include data statistically representative of the site.

3. The PHC determination shall include findings on:

A) Whether adverse impacts may occur to the hydrologic balance;

B) Whether acid-forming or toxic-forming materials are present that could result in the contamination of surface or ground water supplies;

C) Whether the proposed operation may proximately result in contamination, diminution or interruption of an underground or surface source of water within the proposed permit or adjacent areas which is used for domestic, agricultural, industrial, or other legitimate purposes such as recreational and fish and wildlife uses; and

D) What impact the proposed operation will have on:

i) sediment yield from the disturbed area;

ii) acidity, total suspended and dissolved solids, and other important water quality parameters of local impact;

iii) flooding or stream-flow alteration;

iv) ground water and surface water availability; and

v) other characteristics as required by the Department, based upon public comment and the Department's technical review.

4. An application for permit revision shall be reviewed by the Department to determine whether a new or updated PHC determination shall be required.

g) Cumulative hydrologic impact assessment.

1. The Department shall provide an assessment of the probable cumulative hydrologic impacts of the proposed operation and all anticipated mining upon surface and ground water systems in the cumulative impact area. This assessment shall be sufficient for purposes of permit approval, to determine whether the proposed operation has been designed to prevent material damage to the hydrologic balance outside the permit area. The Department shall allow the submittal of data and analyses by the permittee in accordance with subsection (c).

2. An application for a permit revision shall be reviewed by the Department to determine whether a new or updated assessment shall be required.

h) The application shall include a plan with maps and descriptions, indicating how the relevant requirements of 62 Ill. Adm. Code 1816.41 through 1816.43 will be met. The plan shall be specific to local hydrologic conditions. It shall contain steps to be taken during mining and reclamation through bond release to minimize disturbances to the hydrologic balance within the permit and adjacent areas; to prevent material damage outside the permit area; to meet the applicable Federal and State water quality laws and regulations and to protect the rights of present water users. The plan shall include the measures to be taken to avoid acid or toxic drainage; prevent, to the extent possible using the best technology currently available, additional contributions of suspended solids to streamflow; provide water treatment facilities when needed; control drainage; restore approximate premining recharge capacity and protect or replace rights of present water users. The plan shall specifically address any potential adverse hydrologic consequences identified in subsection (f) and shall include preventative and remedial measures.

i) Ground water monitoring plan.

1. The application shall include a ground water monitoring plan based upon the determination of probable hydrologic consequences required under subsection (f) and the analyses of all baseline hydrologic, geologic and other information in the permit application. The plan shall provide for the monitoring of parameters that relate to the suitability of the ground water for current and approved post-mining land uses and to the objectives for protection of the hydrologic balance set forth in subsection (h). It shall identify the quantity and quality parameters to be monitored, sampling frequency and site locations. It shall describe how the data may be used to determine the impacts of the operation on the hydrologic balance. At a minimum, the parameters to be monitored shall include pH, total dissolved solids, hardness, alkalinity, acidity, sulfates, total iron, total manganese and water levels. The Department shall allow the measurement of specific conductance in lieu of total dissolved solids if the permittee develops site-specific relationships precisely correlating specific conductance to total dissolved solids for specific sites for all zones being monitored. Data shall be submitted to the Department every three months for each monitoring location. The Department may require additional monitoring, such as increased parameters or frequency, if it is determined that the existing or proposed monitoring program is not designed to detect adverse impacts to the hydrologic balance.

2. If an applicant can demonstrate by the use of the probable hydrologic consequences determination and other available information that a particular water-bearing stratum in the proposed permit and adjacent areas is not one which serves as an aquifer which significantly ensures the hydrologic balance within the cumulative impact area, then monitoring of that stratum may be waived by the Department.

j) Surface water monitoring plan.

1. The application shall include a surface water monitoring plan based upon the determination of probable hydrologic consequences required in subsection (f) and the analysis of all baseline hydrologic, geologic and other information in the permit application. The plan shall provide for the monitoring of parameters that relate to the suitability of the surface water for current and approved post-mining land uses, to the objectives for protection of the hydrologic balance set forth in subsection (h) and the effluent limitations in 40 CFR 434.

2. The plan shall identify the surface water quantity and quality parameters to be monitored, sampling frequency and site locations. It shall describe how the data may be used to determine the impacts of the operation upon the hydrologic balance.

A) At all monitoring locations in the surface water bodies such as streams, lakes and impoundments, that are potentially impacted or into which water will be discharged and at upstream monitoring locations pH, total dissolved solids, total suspended solids, alkalinity, acidity, sulfates, total iron, total manganese and flow shall be monitored. The Department shall allow the measurement of specific conductance in lieu of total dissolved solids if the permittee developes site-specific relationships precisely correlating specific conductance to total dissolved solids for specific sites for all locations being monitored.

B) For point-source discharges, monitoring shall be conducted in accordance with 40 CFR 122, 123 and 434 and as required by the Illinois Environmental Protection Agency (IEPA).

3. All surface water monitoring reports, including those required by the IEPA, shall be submitted to the Department every 3 months. The Department shall require additional monitoring if it is determined that the existing or proposed monitoring plan is not adequate to detect adverse impacts to the hydrologic balance.

History

• Source: Amended at 26 Ill. Reg. 4402, effective March 6, 2002

62 Ill. Adm. Code 1780.22 Geologic Information

a) Each application shall include geologic information in sufficient detail to assist in determining:

1. The probable hydrologic consequences of the operation upon the quality and quantity of surface and ground water in the permit and adjacent areas, including the extent to which surface and ground water monitoring is necessary;

2. All potentially acid- or toxic-forming strata down to and including the stratum immediately below the lowest coal seam to be mined; and

3. Whether required reclamation can be accomplished and whether the proposed operation has been designed to prevent material damage to the hydrologic balance outside the permit area.

b) Geologic information shall include, at a minimum:

1. A description of the geology of the proposed permit and adjacent areas down to and including the deeper of either the stratum immediately below the lowest coal seam to mined, or any aquifer below the lowest coal seam to be mined which may be adversely impacted by mining. The description shall include the areal and structural geology of the permit and adjacent areas, and other parameters which influence the required reclamation and the occurrence, availability, movement, quality and quantity of potentially impacted surface and ground waters. It shall be based on:

A) The cross-sections, maps and plans required by 62 Ill. Adm. Code 1779.25;

B) The information obtained under subsections (b)(2) and (c); and

C) Geologic literature and practices.

2. Analyses of samples collected from test borings, drill cores or fresh, unweathered, uncontaminated samples from rock outcrops from the permit area, down to and including the deeper of either the stratum immediately below the lowest coal seam to be mined or any aquifer below the lowest coal seam to be mined which may be adversely impacted by mining. The analyses shall result in the following:

A) Logs showing the lithologic characteristcs including physical properties and thickness of each stratum and location of ground water where occurring;

B) Chemical analyses identifying those strata that may contain acid- or toxic-forming or alkalinity-producing materials and to determine their content except that the Department may find that the analysis for alkalinity-producing materials is not necessary to assure protection to the hydrologic balance; and

C) Chemical analyses of the coal seam for acid- or toxic-forming materials, including total sulfur and pyritic sulfur, except that the Department may find that the analysis of pyritic sulfur is unnecessary to assure protection to the hydrologic balance.

c) If determined to be necessary to protect the hydrologic balance or to meet the performance standards of 62 Ill. Adm. Code 1816, the Department shall require the collection, analysis and description of geologic information in addition to that required by subsection (b).

d) An applicant may request the Department to waive in whole or in part the requirements of subsection (b)(2). The waiver shall be granted only if the Department finds in writing that the collection and analysis of such data is unnecessary because other equivalent information is available in a satisfactory form.

History

• Source: Added at 11 Ill. Reg. 8602, effective July 1, 1987

62 Ill. Adm. Code 1780.23 Reclamation Plan: Pre-Mining and Post-Mining Information

a) Pre-mining information. The application shall contain a statement of the condition, capability, and productivity of the land within the proposed permit area, including:

1. A map and supporting narrative of the uses of the land existing at the time of the filing of the application. If the pre-mining use of the land was changed within five (5) years before the anticipated date of beginning the proposed operations, the historic use of the land shall also be described. In the case of previously mined land, the use of the land prior to any mining shall also be described to the extent such information is available.

2. A narrative of land capability and productivity, which analyzes the land use description under subsection (a) above, in conjunction with other environmental resources information required under this Part. The narrative shall provide analyses of:

A) The capability of the land before any mining to support a variety of uses, giving consideration to soil and foundation characteristics, topography, vegetative cover and the hydrology of the proposed permit area; and

B) The productivity of the proposed permit area before mining, expressed as average yield of food, fiber, forage or wood products from such lands obtained under high levels of management. The productivity shall be determined by yield data or estimates for similar sites based on current data from the U.S. Department of Agriculture, State agricultural universities or appropriate State natural resource or agricultural agencies.

3. An intensive soils map prepared to the specifications of the Natural Resources Conservation Service or a contoured aerial photo with a scale of not smaller than 1"=400' and contour interval of not greater than ten (10) feet.

b) Post-mining information. Each plan shall contain a detailed description of the proposed use, following reclamation, of the land within the proposed permit area, including a discussion of the utility and capacity of the reclaimed land to support a variety of alternative uses, and the relationship of the proposed use to existing land use policies and plans. This description shall explain:

1. How the proposed post-mining land use is to be achieved and the necessary support activities which may be needed to achieve the proposed land use;

2. Where a land use different from the pre-mining land use is proposed, all materials needed for approval of the alternative use under 62 Ill. Adm. Code 1816.133; and

3. The consideration which has been given to making all of the proposed surface mining activities consistent with surface owner plans and applicable State and local land use plans and programs.

c) The description shall be accompanied by a copy of the comments concerning the proposed use by the legal or equitable owner of record of the surface of the proposed permit area and the State and local government agencies which would have to initiate, implement, approve or authorize the proposed use of the land following reclamation.

History

• Source: Amended at 20 Ill. Reg. 2141, effective January 19, 1996

62 Ill. Adm. Code 1780.25 Reclamation Plan: Siltation Structures, Impoundments, Banks, Dams, and Embankments

a) Each application shall include a general plan and a detailed design plan for each proposed siltation structure, water impoundment, and coal processing waste bank, dam, or embankment within the proposed permit area.

1. Each general plan shall:

A) Be prepared by, or under the direction of, and sealed by a qualified registered professional engineer licensed under the Professional Engineering Practice Act of 1989 [225 ILCS 325], with assistance from experts in related fields such as land surveying, geology and landscape architecture;

B) Contain a description, map, and cross-section of the structure and its location;

C) Contain preliminary hydrologic and geologic information required to assess the hydrologic impact of the structure;

D) Contain a survey describing the potential effect on the structure from subsidence of the subsurface strata resulting from past underground mining operations if underground mining has occurred; and

E) Contain a certification statement which includes a schedule setting forth the dates that any detailed design plans for structures, that are not submitted with the general plan, will be submitted to the Department. The Department shall have approved, in writing, the detailed design plan for a structure before construction of the structure begins.

2. Impoundments meeting the Class B or C criteria for dams in the U.S. Department of Agriculture, Soil Conservation Service Technical Release No. 60 (210-VI-TR60, Oct. 1985), "Earth Dams and Resevoirs," shall comply with the requirements of this Section for structures that meet or exceed the size or other criteria of the Mine Safety and Health Administration (MSHA). Each detailed design plan for a structure that meets or exceeds the size or other criteria of MSHA, 30 CFR 77.216(a), shall:

A) Be prepared by, or under the direction of, and sealed by a qualified registered professional engineer licensed under the Professional Engineering Practice Act of 1989 [225 ILCS 325] with assistance from experts in related fields such as geology, land surveying and landscape architecture;

B) Include any geotechnical investigation design and construction requirements for the structure;

C) Describe the operation and maintenance requirements for each structure; and

D) Describe the timetable and plans to remove each structure, if appropriate.

3. Each detailed design plan for a structure not included in subsection (a)(2) above shall:

A) Be prepared by, or under the direction of, and sealed by a qualified registered professional engineer licensed under the Professional Engineering Practice Act of 1989 [225 ILCS 325];

B) Include any design and construction requirements for the structure, including any required geotechnical information;

C) Describe the operation and maintenance requirements for each structure; and

D) Describe the timetable and plans to remove each structure, if appropriate.

b) Siltation structures. Siltation structures shall be designed in compliance with the requirements of 62 Ill. Adm. Code 1816.46. Any sedimentation pond or earthen structure which will remain on the proposed permit area as a permanent water impoundment shall also be designed to comply with the requirements of 62 Ill. Adm. Code 1816.49. Each plan shall, at minimum, comply with the requirements of MSHA, 30 CFR 77.216-1 and 77.216-2.

c) Permanent and temporary impoundments. Permanent and temporary impoundments shall be designed to comply with the requirements of 62 Ill. Adm. Code 1816.49. Each plan shall comply with the requirements of MSHA, 30 CFR 77.216-1 and 77.216-2.

d) Coal processing waste banks. Coal processing waste banks shall be designed to comply with the requirements of 62 Ill. Adm. Code 1816.81 through 1816.84.

e) Coal processing waste dams and embankments. Coal processing waste dams and embankments shall be designed to comply with the requirements of 62 Ill. Adm. Code 1816.81 through 1816.84. Each plan shall comply with the requirements of MSHA, 30 CFR 77.216-1 and 77.216-2, and shall contain the results of a geotechnical investigation of the proposed dam or embankment foundation area, to determine the structural competence of the foundation which will support the proposed dam or embankment structure and the impounded material. The geotechnical investigation shall be planned and supervised by an engineer or engineering geologist, according to the following:

1. The number, location, and depth of borings and test pits shall be determined using current engineering practice for the size of the dam or embankment, quantity of material to be impounded, and subsurface conditions;

2. The character of the overburden and bedrock, the proposed abutment sites, and any adverse geotechnical conditions which may affect the particular dam, embankment, or reservoir site shall be considered;

3. All springs, seepage, and ground water flow observed or anticipated during wet periods in the area of the proposed dam or embankment shall be identified on each plan; and

4. Consideration shall be given to the possibility of mudflow, rock-debris falls, or other landslides into the dam, embankment, or impounded material.

f) If the structure meets the Class B or C criteria for dams in TR-60 or meets the size or other criteria of 30 CFR 77.216(a), each plan under subsections (b), (c), and (e) shall include a stability analysis of each structure. The stability analysis shall include, but not be limited to, strength parameters, pore pressure, and long-term seepage conditions. The plan shall also contain a description of each engineering design assumption and calculation with a discussion of each alternative considered in selecting the specific design parameters and construction methods.

g) Submission of MSHA certification documents for a detailed design plan under this Section shall satisfy the requirements of this Section, insofar as the MSHA informational and design standard requirements are duplicative of the requirements of this Section.

History

• Source: Amended at 24 Ill. Reg. 5992, effective March 21, 2000

62 Ill. Adm. Code 1780.27 Reclamation Plan: Surface Mining Near Underground Mining

For surface mining activities within the proposed permit area to be conducted within five hundred (500) feet of an underground mine, the application shall describe the measures to be used to comply with 62 Ill. Adm. Code 1816.79.

62 Ill. Adm. Code 1780.29 Diversions

Each application shall contain descriptions, including maps and cross- sections, of stream channel diversions and other diversions to be constructed within the proposed permit area to achieve compliance with 62 Ill. Adm. Code 1816.43.

History

• Source: Amended at 11 Ill. Reg. 8602, effective July 1, 1987

62 Ill. Adm. Code 1780.31 Protection of Public Parks and Historic Places

a) For any publicly owned parks or any places listed on the National Register of Historic Places that may be adversely affected by the proposed operations, each plan shall describe the measures to be used:

1. To prevent adverse impacts caused by surface mining related activities including, but not limited to, loss or destruction of historic artifacts and damage to historic structures or property; or

2. If a person has valid existing rights, as determined under 62 Ill. Adm. Code 1761.16, or if joint agency approval is to be obtained under 62 Ill. Adm. Code 1761.17(d), to minimize adverse impacts.

b) The Department, in consultation with the Illinois State Historic Preservation Agency, may require the applicant to protect historic or archeological properties listed on or eligible for listing on the National Register of Historic Places through appropriate mitigation and treatment measures. Appropriate mitigation and treatment measures may be required to be taken after permit issuance, taking into account mining plans and the amount of materials present, provided that the required measures are completed before the properties are affected by any mining operation. Appropriate mitigation and treatment measures for properties consisting of buried or surface deposits of archeological materials may include making the property available to any interested archeological investigators for study for a period of time that takes into account mining plans and the amount of materials present.

History

• Source: Amended at 27 Ill. Reg. 4673, effective February 26, 2003

62 Ill. Adm. Code 1780.33 Relocation or Use of Public Roads

Each application shall describe, with appropriate maps and cross-sections, the measures to be used to ensure that the interests of the public and landowners affected are protected if, under 62 Ill. Adm. Code 1761.14, the applicant seeks to have the Department approve:

a) Conducting the proposed surface mining activities within 100 feet of the right-of-way line of any public road, except where mine access or haul roads join that right of way; or

b) Relocating a public road, after approval by local officials or State government.

History

• Source: Amended at 27 Ill. Reg. 4673, effective February 26, 2003

62 Ill. Adm. Code 1780.35 Disposal of Excess Spoil

a) Each application shall contain descriptions, including appropriate maps and cross-section drawings, of the proposed disposal site and design of the spoil disposal structures according to 62 Ill. Adm. Code 1816.71 through 1816.74. These plans shall describe the geotechnical investigation, design, construction, operation, maintenance, and removal, if appropriate, of the site and structures.

b) Each application shall contain the results of a geotechnical investigation of the proposed disposal site, including the following:

1. The character of bedrock and any adverse geologic conditions in the disposal area;

2. A survey identifying all springs, seepage, and ground water flow observed or anticipated during wet periods in the area of the disposal site;

3. A survey of the potential effects of subsidence of the subsurface strata due to past and future mining operations;

4. A technical description of the rock materials to be utilized in the construction of those disposal structures containing rock chimney cores or underlain by a rock drainage blanket; and

5. A stability analysis including, but not limited to, strength parameters, pore pressures and long-term seepage conditions. These data shall be accompanied by a description of all engineering design assumptions and calculations and the alternatives considered in selecting the specific design specifications and methods.

c) If, under 62 Ill. Adm. Code 1816.71(i), rocktoe buttresses or key-way cuts are required, the application shall include the following:

1. The number, location, and depth of borings or test pits which shall be determined with respect to the size of the spoil disposal structure and subsurface conditions; and

2. Engineering specifications utilized to design the rock-toe buttress or key-way cuts which shall be determined in accordance with subsection (b)(5).

History

• Source: Amended at 11 Ill. Reg. 8602, effective July 1, 1987

62 Ill. Adm. Code 1780.37 Transportation Facilities

a) Each application shall contain a detailed description of each road, conveyor, or rail system to be constructed, used, or maintained within the proposed permit area. The description shall include a map, appropriate cross-sections, and the following:

1. Specifications for each road width, road gradient, road surface, road cut, fill embankment, culvert, bridge, drainage ditch, and drainage structure;

2. A report of appropriate geotechnical analysis, where approval of the Department is required for alternative specifications, or for steep cut slopes under 62 Ill. Adm. Code 1816.150;

3. A description of measures to be taken to obtain approval of the Department for alteration or relocation of a natural drainageway under 62 Ill. Adm. Code 1816.150;

4. A description of measures, other than use of a rock headwall, to be taken to protect the inlet end of a ditch relief culvert, for approval by the Department under 62 Ill. Adm. Code 1816.150;

5. The drawings and specifications for each proposed ford of a perennial or intermittent stream that is used as a temporary route, as necessary for approval of the ford by the Department in accordance with 62 Ill. Adm. Code 1816.151(c)(2);

6. A general description of each road, conveyor, or rail system to be constructed, used, or maintained within the proposed permit area;

7. A description of the plans to remove and reclaim each road that would not be retained under an approved post-mining land use, and the schedule for this removal and reclamation.

b) Primary road certification. The plans and drawings for each primary road shall be prepared by, or under the direction of, and certified by a qualified registered professional engineer as meeting the requirements of 62 Ill. Adm. Code 1816.150 and 1816.151 in accordance with prudent engineering practices. The professional engineer shall be experienced in the design and construction of roads, as evidenced by the placement of a registered professional engineer's seal on the certification.

History

• Source: Amended at 15 Ill. Reg. 17294, effective January 1, 1992

62 Ill. Adm. Code 1780.38 Rehabilitation of Siltation Structures, Diversions, Impoundments and Treatment Facilities (repealed)

History

• Source: Repealed at 17 Ill. Reg. 11122, effective July 1, 1993

62 Ill. Adm. Code 1780.39 Support Facilities

Each applicant for a surface coal mining and reclamation operations permit shall submit a description, plans, and drawings for each support facility to be constructed, used, or maintained within the proposed permit area. The plans and drawings shall include a map, appropriate cross-sections, design drawings, and specifications sufficient to demonstrate compliance with 62 Ill. Adm. Code 1816.181 for each facility.

History

• Source: Added at 15 Ill. Reg. 17294, effective January 1, 1992

Part 1783 Underground Mining Permit Applications – Minimum Requirements for Information on Environmental Resources

62 Ill. Adm. Code 1783.4 Responsibilities

a) It is the responsibility of the applicant to provide, except where specifically exempted in this Part, all information required by this Part in the application.

b) It is the responsibility of State and Federal Government agencies to provide information for applications as specifically required by this Part.

62 Ill. Adm. Code 1783.5 Use of Existing Data

Permit applicants may comply with the requirements of this Part by reliance upon accurate data already in the possession of the applicant or the Illinois Department of Natural Resources (Department), through incorporating such data by reference into permit applications, provided that the incorporated information is made publicly available under Article II of the Surface Coal Mining Land Conservation and Reclamation Act [225 ILCS 720/Art. II] (State Act) and 62 Ill. Adm. Code 1773.

History

• Source: Amended at 11 Ill. Reg. 8632, effective July 1, 1987

62 Ill. Adm. Code 1783.6 Use of Expert Opinion

Permit applicants may comply with this Part by providing accurate descriptive and predictive information relating to geology, water quality and quantity for a particular permit area, based upon expert opinion extrapolation from known data on the geology, water quality and quantity of similar areas, rather than by the collection of new data for the particular site, provided that the data used by an expert are included within the permit application, the expert opinion is approved by the Department, and made available to the public for review and inspection.

62 Ill. Adm. Code 1783.7 Seasonal Water Quality Data (repealed)

History

• Source: Repealed at 11 Ill. Reg. 8632, effective July 1, 1987

62 Ill. Adm. Code 1783.11 General Requirements

Each permit application shall include a description of the existing, premining environmental resources within the proposed permit, shadow and adjacent areas that may be affected or impacted by the proposed underground mining activities.

History

• Source: Amended at 11 Ill. Reg. 8632, effective July 1, 1987

62 Ill. Adm. Code 1783.12 General Environmental Resources Information

Each application shall describe and identify:

a) The lands subject to surface coal mining operations over the estimated life of those operations and the size, sequence, and timing of the subareas for which it is anticipated that individual permits for mining will be sought; and the nature of cultural, archeological and historic resources listed or eligible for listing on the National Register of Historic Places in accordance with the National Historic Preservation Act of 1966, as amended, (16 U.S.C. 470 et seq.) and known archaeological sites within the proposed permit, shadow and adjacent areas. The description shall be based on all available information, including, but not limited to, data of State and local archaeological, historic, and cultural preservation agencies.

b) If the information provided pursuant to subsection (a) is not adequate to enable the Department to make the finding required in 62 Ill. Adm. Code 1773.15(c)(12) because information available to the Department indicates a substantial likelihood of currently unknown resources which would be eligible for the National Register of Historic Places within the proposed permit, shadow, or adjacent areas, the Department shall require the applicant to submit additional information to enable the Department to identify and evaluate such resources. Indications of cultural, archeological and historical resources shall be based upon such factors including, but not limited to, topographic and physiographic characteristics, and other cultural, archeological, and historical resource data for the proposed permit, shadow, and adjacent areas. An applicant shall be required to conduct field investigations under this subsection as determined necessary by the Department in consultation with the Illinois State Historic Preservation Agency, if such field investigations will provide the information required by subsection (a). A field investigation is a pedestrian archeological survey supplemented by shovel testing, where appropriate.

History

• Source: Amended at 14 Ill. Reg. 11929, effective January 1, 1991

62 Ill. Adm. Code 1783.13 Description of Hydrology and Geology: General Requirements (repealed)

History

• Source: Repealed at 11 Ill. Reg. 8632, effective July 1, 1987

62 Ill. Adm. Code 1783.14 Geology Description (repealed)

History

• Source: Repealed at 11 Ill. Reg. 8632, effective July 1, 1987

62 Ill. Adm. Code 1783.15 Ground Water Information (repealed)

Source: Repealed at 11 Ill. Reg. 8632, effective July 1, 1987)

62 Ill. Adm. Code 1783.16 Surface Water Information (repealed)

History

• Source: Repealed at 11 Ill. Reg. 8632, effective July 1, 1987

62 Ill. Adm. Code 1783.19 Vegetation Information

a) The permit application shall, if required by the Department, contain a map that delineates existing vegetative types and a description of the plant communities within the area affected by surface operations and facilities and within any proposed surface reference area. This description shall include information adequate to predict the potential for reestablishing vegetation.

b) When a map or aerial photograph is required, sufficient adjacent areas shall be included to allow evaluation of vegetation as important habitat for fish and wildlife identified under 62 Ill. Adm. Code 1784.21.

History

• Source: Amended at 17 Ill. Reg. 11131, effective July 1, 1993

62 Ill. Adm. Code 1783.20 Fish and Wildlife Resources Information (repealed)

History

• Source: Repealed at 14 Ill. Reg. 11929, effective January 1, 1991

62 Ill. Adm. Code 1783.21 Soil Resources Information

a) The applicant shall provide adequate soil survey information on those portions of the permit area to be affected by surface operations or facilities consisting of the following:

1. A map delineating different soils;

2. Soil identification;

3. Soil description including topsoil (A horizon) thickness and sample location; and

4. Present and potential productivity of existing soils.

b) Where the applicant proposes to use selected overburden materials as a supplement or substitute for topsoil, the application shall provide results of the analyses, trials and tests required under 62 Ill. Adm. Code 1817.22.

History

• Source: Added at 11 Ill. Reg. 8632, effective July 1, 1987

62 Ill. Adm. Code 1783.22 Land Use Information (repealed)

History

• Source: Repealed at 20 Ill. Reg. 2160, effective January 19, 1996

62 Ill. Adm. Code 1783.24 Maps: General Requirements

The permit application shall include maps showing:

a) All boundaries of lands and names of present owners of record of those lands, both surface and subsurface, included in or contiguous to the permit area;

b) The boundaries of land within the proposed permit area upon which the applicant has the legal right to enter and begin underground mining activities;

c) The boundaries of all areas proposed to be affected over the estimated total life of the underground mining activities, with a description of the estimated size, extent, sequence and timing of the mining of subareas for which it is anticipated that additional permits will be sought;

d) The location of all buildings in and within one thousand (1000) feet of the proposed permit area, with identification of the current use of the buildings;

e) The location of surface and subsurface man-made features within, passing through, or passing over the proposed permit and shadow areas, including, but not limited to, major electric transmission lines, pipelines, and agricultural drainage tile fields;

f) The location and boundaries of any proposed reference areas for determining the success of revegetation;

g) The locations of water supply intakes for current users of surface water flowing into, out of, and within a hydrologic area defined by the Department, and those surface waters which will receive discharges from affected areas in the proposed permit area;

h) Each public road located in or within one hundred (100) feet of the proposed permit area;

i) The boundaries of any public park and locations of any cultural or historical resources listed or eligible for listing in the National Register of Historic Places within the permit or adjacent areas and known archaeological sites within the permit, shadow and adjacent areas;

j) Each public or private cemetery or Indian burial ground or other area where human bodies are interred located in or within one hundred (100) feet of the proposed permit and shadow areas;

k) Any land within the proposed permit and shadow areas which is within the boundaries of any units of the National System of Trails or the Wild and Scenic Rivers System, including rivers under study for inclusion in the Wild and Scenic Rivers System; and

l) Other relevant information required by the Department.

History

• Source: Amended at 11 Ill. Reg. 8632, effective July 1, 1987

62 Ill. Adm. Code 1783.25 Cross-Sections, Maps, and Plans

a) The application shall include cross-sections, maps, and plans showing:

1. Elevations and locations of test borings and core samplings from the permit and shadow areas;

2. Elevations and locations of monitoring stations used to gather data on water quality and quantity, fish and wildlife, and air quality, if required, in preparation of the application;

3. Nature, depth, and thickness of the coal seams to be mined, any coal or rider seams above the seam to be mined, each stratum of the overburden, and the stratum immediately below the lowest coal seam to be mined;

4. All coal crop lines and the strike and dip of the coal to be mined within the proposed permit area;

5. Location and extent of known workings of active, inactive, or abandoned underground mines, including mine openings to the surface within the proposed permit, shadow and adjacent areas;

6. Location and extent of subsurface water, if encountered, within the proposed permit or adjacent areas, including, but not limited to areal and vertical distribution of aquifers, and portrayal of seasonal differences of head in different aquifers on cross-sections and contour maps;

7. Location and extent of surface water bodies such as streams, lakes, ponds, springs, constructed or natural drains, and irrigation ditches within the proposed permit, shadow and adjacent areas;

8. Location and extent of existing or previously surface-mined areas within the proposed permit area;

9. Location and dimensions of existing areas of spoil, waste, coal development waste, and noncoal waste disposal, dams, embankments, other impoundments, and water treatment and air pollution control facilities within the proposed permit area;

10. Location, and depth if available, of gas and oil wells within the proposed permit area and water wells in the permit, shadow area and adjacent areas.

b) Maps, plans, and cross-sections included in a permit application and required by this Section shall be prepared by, or under the direction of, and sealed by a qualified registered professional engineer licensed under the Professional Engineering Practice Act of 1989 [225 ILCS 325] or a registered professional land surveyor licensed under the Illinois Professional Land Surveyor Act of 1989 [225 ILCS 330], with assistance from experts in related fields such as geology and landscape architecture and shall be updated as required by the Department.

History

• Source: Amended at 20 Ill. Reg. 2160, effective January 19, 1996

62 Ill. Adm. Code 1783.27 Prime Farmland Investigation (repealed)

History

• Source: Repealed at 11 Ill. Reg. 8632, effective July 1, 1987

Part 1784 Underground Mining Permit Applications – Minimum Requirements for Reclamation and Operation Plan

62 Ill. Adm. Code 1784.4 Responsibilities

a) It is the responsibility of the applicant to provide to the Department all of the information required by this Part, except where specifically exempted in this Part.

b) It is the responsibility of State and Federal governmental agencies to provide information to the Department where specifically required in this Part.

62 Ill. Adm. Code 1784.5 Use of Existing Data

Permit applicants may comply with the requirements of this Part by reliance upon accurate data already in the possession of the applicant or the Illinois Department of Natural Resources (Department), through incorporating such data by reference into permit applications, provided that the incorporated information is made publicly available under Article II of the Surface Coal Mining Land Conservation and Reclamation Act [225 ILCS 720/Art. II] (State Act) and 62 Ill. Adm. Code 1773.

History

• Source: Amended at 11 Ill. Reg. 8652, effective July 1, 1987

62 Ill. Adm. Code 1784.6 Use of Expert Opinion

Permit applicants may comply with this Part providing accurate descriptive and predictive information relating to geology, water quality and quantity for a particular permit area, based upon expert opinion extrapolation from known data on the geology, water quality and quantity of similar areas, rather than by the collection of new data for the particular site, provided that the data used by an expert are included within the permit application, the expert opinion is approved by the Department, and made available to the public for review and inspection.

62 Ill. Adm. Code 1784.11 Use of Existing Data

Each application shall contain a description of the mining operations proposed to be conducted during the life of the mine within the proposed permit area, including at a minimum, the following:

a) The narrative description of the type and method of coal mining procedures and proposed engineering techniques, anticipated annual and total production of coal, by tonnage, and the major equipment to be used for all aspects of those operations; and

b) A narrative explaining the construction, modification, use, maintenance, and removal of the following facilities (unless retention of such facility is necessary for postmining land use as specified in 62 Ill. Adm. Code 1817.133:

1. Dams, embankments, and other impoundments;

2. Overburden and topsoil handling and storage areas and structures;

3. Coal removal, handling, storage, cleaning, and transportation areas and structures;

4. Spoil, coal processing waste, mine development waste, and non-coal waste removal, handling, storage, transportation, and disposal areas and structures;

5. Mine facilities; and

6. Water pollution control facilities.

62 Ill. Adm. Code 1784.12 Operation Plan: Existing Structures

a) Each application shall contain a description of each existing structure proposed to be used in connection with or to facilitate the surface coal mining and reclamation operation. The description shall include:

1. Location;

2. Plans of the structure which describe its current condition;

3. Approximate dates on which construction of the existing structure was begun and completed; and

4. A showing, including relevant monitoring data or other evidence, whether the structure meets the performance standards of 62 Ill. Adm. Code 1810 through 1828 or, if the structure does not meet the performance standards of 62 Ill. Adm. Code 1810 through 1828, a showing whether the structure meets the performance standards of 62 Ill. Adm. Code 280-300 (Interim Program Standards).

b) Each application shall contain a compliance plan for each existing structure proposed to be modified or reconstructed for use in connection with or to facilitate the surface coal mining and reclamation operation. The compliance plan shall include:

1. Design specifications for the modification or reconstruction of the structure to meet the design and performance standards of 62 Ill. Adm. Code 1810 through 1828;

2. A construction schedule which shows dates for beginning and completing interim steps and final reconstruction;

3. Provisions for monitoring the structure during and after modification or reconstruction to ensure that the performance standards of 62 Ill. Adm. Code 1810 through 1828 are met; and

4. A showing that the risk of harm to the environment or to public health or safety is not significant during the period of modification or reconstruction.

History

• Source: Amended at 11 Ill. Reg. 8652, effective July 1, 1987

62 Ill. Adm. Code 1784.13 Reclamation Plan: General Requirements

a) Each application shall contain a plan for the reclamation of the lands within the proposed permit area, showing how the applicant will comply with Sections 3.01 through 4.11 of the State Act, 62 Ill. Adm. Code 1810 through 1828, and the environmental protection performance standards of the regulatory program. The plan shall include, at a minimum, all information required under Sections 1784.13 through 1784.26 provided that the Department considers Section 516(d) of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1266(d)) (Federal Act), and thereby acknowledges that long-term reclamation activities cannot be planned in the same detail as reclamation activities which will take place in the near future.

b) Each plan shall contain the following information for the proposed permit area:

1. A detailed timetable for the completion of each major step in the reclamation plan;

2. A detailed estimate of the cost of the reclamation of the proposed operations required to be covered by a performance bond under 62 Ill. Adm. Code 1800 with supporting calculations for the estimates;

3. A plan for backfilling, soil stabilization, compacting, and grading with contour maps or cross-sections that show the anticipated final surface configuration of the proposed permit area, in accordance with 62 Ill. Adm. Code 1817.102 through 1817.107;

4. A plan for removal, storage, and redistribution of topsoil, subsoil, and other material to meet the requirements of 62 Ill. Adm. Code 1817.22. A demonstration of the suitability of topsoil substitutes or supplements under 62 Ill. Adm. Code 1817.22(b) shall be based upon analysis of the thickness of soil horizons, total depth, texture, percent of coarse fragments, pH, and areal extent of the different kinds of soils;

5. A plan for revegetation as required in 62 Ill. Adm. Code 1817.111 through 1817.117, including, but not limited to, descriptions of the:

A) Schedule of revegetation;

B) Species and amounts per acre of seeds and seedlings to be used;

C) Methods to be used in planting and seeding;

D) Mulching techniques;

E) Irrigation, if appropriate, and pest and disease control measures, if any;

F) Measures proposed to be used to determine the success of revegetation as required in 62 Ill. Adm. Code 1817.116; and

G) A soil testing plan for evaluation of the results of topsoil handling and reclamation procedures related to revegetation;

6. A description of the measures to be used to maximize the use and conservation of the coal resource as required in 62 Ill. Adm. Code 1817.59;

7. A description of measures to be employed to ensure that all debris, acid-forming and toxic-forming materials, and materials constituting a fire hazard are disposed of in accordance with 62 Ill. Adm. Code 1817.89 and 1817.102 and a description of the contigency plans which have been developed to preclude sustained combustion of such materials;

8. A description, including appropriate cross-sections and maps, of the measures to be used to seal or manage mine openings, and to plug, case or manage exploration holes, other bore holes, wells and other openings within the proposed permit area, in accordance with 62 Ill. Adm. Code 1817.13 through 1817.15; and

9. A description of steps to be taken to comply with the requirements of the Clean Air Act (42 U.S.C. 7401 et seq.), the Clean Water Act (33 U.S.C. 1251 et seq.), and other applicable air and water quality laws and regulations and health and safety standards.

History

• Source: Amended at 11 Ill. Reg. 8652, effective July 1, 1987

62 Ill. Adm. Code 1784.14 Hydrologic Information

a) All water quality analyses performed to meet the requirements of this Section shall be conducted according to the methodology in the 15th edition of "Standard Methods for the Examination of Water and Wastewater" (1980), which is incorporated by reference, or the methodology in 40 CFR 136 and 434. Water quality sampling performed to meet the requirements of this Section shall be conducted according to either methodology listed above when feasible. "Standard Methods for the Examination of Water and Wastewater" (1980) is a joint publication of the American Public Health Association, the American Water Works Association and the Water Pollution Control Federation and is available from the American Public Health Association, 1015 15th Street, NW, Washington, D.C. 20036. This document is also available for inspection at the Department's Springfield office.

b) The application shall contain the following baseline hydrologic information. When this information is insufficient for the Department to determine if adverse impacts may result to the hydrologic balance, additional information shall be required, such as but not limited to water supply contamination or diminution.

1. Ground water information.

The location and ownership for the permit, shadow and adjacent area of existing wells, springs, and other ground water resources, seasonal quality and quantity of ground water and usage.

A) Ground water quality descriptions shall include, at a minimum:

i) for the permit area and its adjacent area, pH, total dissolved solids, hardness, alkalinity, acidity, sulfates, total iron, total manganese and chlorides. The Department shall allow the measurement of specific conductance in lieu of total dissolved solids if the permittee develops site-specific relationships precisely correlating specific conductance to total dissolved solids for specific sites for all zones being monitored.

ii) for the shadow area and its adjacent area, pH, total dissolved solids, total iron and total manganese. The Department shall allow the measurement of specific conductance in lieu of total dissolved solids if the permittee develops site-specific relationships precisely correlating specific conductance to total dissolved solids for specific sites for all zones being monitored.

B) Ground water quantity descriptions for the permit, shadow and adjacent areas shall include, at a minimum, rates of discharge or usage and elevation of the potentiometric surface in the coal to be mined, in each water-bearing stratum above the coal to be mined, and in each water-bearing statum which may be potentially impacted below the coal to be mined.

2. Surface water information.

The name, location, ownership, and description of all surface water bodies, such as streams, lakes, and impoundments, the location of any discharge into any surface water body in the proposed permit and adjacent areas, and information on surface water quality and quantity sufficient to demonstrate seasonal variation and water usage.

A) Water quality descriptions shall include, at a minimum, baseline information on pH, total suspended solids, total dissolved solids, alkalinity, acidity, sulfates, total iron, total manganese and chlorides. The Department shall allow the measurement of specific conductance in lieu of total dissolved solids if the permittee develops site-specific relationships precisely correlating specific conductance to total dissolved solids for specific sites for all surface water points being monitored.

B) Water quantity descriptions shall include, at a minimum, baseline information on seasonal flow rates.

3. If the determination of probable hydrologic consequences required by subsection (e) indicates that adverse impacts on or off the proposed permit area may occur to the hydrologic balance, or that acid-forming or toxic-forming material is present that may result in the contamination of ground or surface water supplies, then information supplemental to that required under subsections (b)(1) and (2) shall be provided to evaluate such probable hydrologic consequences and to plan remedial and reclamation activities. Such supplemental information shall be based upon drilling, hydrogeologic analyses of water-bearing strata, flood flows, or analysis of other water quality or quantity characteristics.

c) Baseline cumulative impact area information.

1. Hydrologic and geologic information for the cumulative impact area necessary to assess the probable cumulative hydrologic impacts of the proposed operation and all anticipated mining on surface and ground water systems as required by subsection (f) below shall be provided to the Department, if available from appropriate Federal or State agencies.

2. If the information is not available from such agencies, then the applicant may gather and submit this information to the Department as part of the permit application.

3. The permit shall not be approved until the necessary hydrologic and geologic information is available to the Department.

d) The use of modeling techniques, interpolation or statistical techniques may be included as part of the permit application if such techniques will enhance the evaluation of hydrological impacts, but actual surface and ground water information may be required by the Department for the purposes of calibration of such models for each site even when such techniques are used.

e) Determination of the probable hydrologic consequences (PHC).

1. The application shall contain a determination of the probable hydrologic consequences of the proposed operation on the proposed permit area, shadow area and adjacent area, with respect to the hydrologic regime and the quantity and quality of water in surface and ground water systems under all seasonal conditions, including the contents of dissolved and total suspended solids, total iron, pH, total manganese, and other parameters required by the Department if such parameters are necessary to assure an accurate determination of probable hydrologic consequences on a site-specific basis.

2. The PHC determination shall be based on baseline hydrologic, geologic and other information collected for the permit application and may include data statistically representative of the site.

3. The PHC determination shall include findings on:

A) Whether adverse impacts may occur to the hydrologic balance;

B) Whether acid-forming or toxic-forming materials are present that could result in the contamination of surface-or ground-water supplies;

C) What impact the proposed operation will have on:

i) sediment yield from the disturbed areas;

ii) acidity, total suspended and dissolved solids, and other important water quality parameters of local impact;

iii) flooding or stream-flow alteration;

iv) ground-water and surface-water availability; and

v) other characteristics as required by the Department, based upon public comment and the Department's technical review; and

D) Whether the underground mining activities conducted after January 19, 1996 may result in contamination, diminution or interruption of a well or spring in existence at the time the permit application is submitted and used for domestic, drinking or residential purposes within the permit, shadow or adjacent areas.

4. An application for a permit revision shall be reviewed by the Department to determine whether a new or updated PHC determination shall be required.

f) Cumulative hydrologic impact assessment.

1. The Department shall provide an assessment of the probable cumulative hydrologic impacts of the proposed operation and all anticipated mining upon surface and ground water systems in the cumulative impact area. This assessment shall be sufficient for purposes of permit approval, to determine whether the proposed operation has been designed to prevent material damage to the hydrologic balance outside the permit area. The Department shall allow the submittal of data and analyses by the permittee in accordance with subsection (c).

2. An application for a permit revision shall be reviewed by the Department to determine whether a new or updated assessment shall be required.

g) The application shall include a plan with maps and descriptions, indicating how the relevant requirements of 62 Ill. Adm. Code 1817, including 62 Ill. Adm. Code 1817.41 through 1817.43, will be met. The plan shall be specific to local hydrologic conditions. It shall contain steps to be taken during mining and reclamation, through bond release, to minimize disturbances to the hydrologic balance within the permit, shadow, and adjacent areas; to prevent material damage outside the permit area; to meet the applicable Federal and State water quality laws and regulations. The plan shall include the measures to be taken to avoid acid or toxic drainage; prevent, to the extent possible using the best technology currently available, additional contributions of suspended solids to streamflow; provide water treatment facilities when needed; control drainage; restore approximate premining recharge capacity. The plan shall specifically address any potential adverse hydrologic consequences identified in subsection (e) and shall include preventative and remedial measures.

h) Ground water monitoring plan.

1. The application shall include a ground water monitoring plan based upon the determination of probable hydrologic consequences required under subsection (e) and the analyses of all baseline hydrologic, geologic and other information in the permit application. The plan shall provide for the monitoring of parameters that relate to the suitability of the ground water for current and approved post-mining land uses and to the objectives for protection of the hydrologic balance set forth in subsection (g). It shall identify the quantity and quality parameters to be monitored, sampling frequency and site locations. It shall describe how the data may be used to determine the impacts of the operation on the hydrologic balance. At a minimum, the parameters to be monitored shall include pH, total dissolved solids, hardness, alkalinity, acidity, sulfates, total iron, total manganese and water levels. The Department shall allow the measurement of specific conductance in lieu of total dissolved solids if the permittee develops site-specific relationships precisely correlating specific conductance to total dissolved solids for specific sites for all zones being monitored. Data shall be submitted to the Department every three months for each monitoring location. The Department may require additional monitoring, such as increased parameters or frequency, if it is determined that the existing or proposed monitoring program is not designed to detect adverse impacts to the hydrologic balance.

2. If an applicant can demonstrate by the use of the probable hydrologic consequences determination and other available information that a particular water-bearing stratum in the proposed permit and adjacent areas is not one which serves as an aquifer which significantly ensures the hydrologic balance within the cumulative impact area, then monitoring of that stratum may be waived by the Department.

i) Surface water monitoring plan.

1. The application shall include a surface water monitoring plan based upon the determination of probable hydrologic consequences required in subsection (e) and the analysis of all baseline hydrologic, geologic and other information in the permit application. The plan shall provide for monitoring of parameters that relate to the suitability of the surface water for current and approved post-mining land uses, to the objectives for protection of the hydrologic balance as set forth in subsection (g), and to the effluent limitations in 40 CFR 434.

2. The plan shall identify the surface water quantity and quality parameters to be monitored, sampling frequency and site locations. It shall describe how the data may be used to determine the impacts of the operation upon the hydrologic balance.

A) At all monitoring locations in the surface water bodies such as streams, lakes and impoundments, that are potentially impacted or into which water will be discharged and at upstream monitoring locations, pH, total dissolved solids, total suspended solids, alkalinity, acidity, sulfates, total iron, total manganese and flow shall be monitored. The Department shall allow the measurement of specific conductance in lieu of total dissolved solids if the permittee develops site-specific relationships precisely correlating specific conductance to total dissolved solids for specific sites for all locations being monitored.

B) For point-source discharges, monitoring shall be conducted in accordance with 40 CFR 122, 123 and 434 and as required by the Illinois Environmental Protection Agency (IEPA).

3. All surface water monitoring reports, including those required by the IEPA, shall be submitted to the Department every three months. The Department shall require additional monitoring if it is determined that the existing or proposed monitoring plan is not adequate to detect adverse impacts to the hydrologic balance.

History

• Source: Amended at 26 Ill. Reg. 4410, effective March 6, 2002

62 Ill. Adm. Code 1784.15 Reclamation Plan: Pre-Mining and Post-Mining Information

a) Pre-mining information. The application shall contain a statement of the condition, capability, and productivity of the land within the proposed permit area, including:

1. A map and supporting narrative of the uses of the land existing at the time of the filing of the application. If the pre-mining use of the land was changed within five (5) years before the anticipated date of beginning the proposed operations, the historic use of the land shall also be described. In the case of previously mined land, the use of the land prior to any mining shall also be described to the extent such information is available.

2. A narrative of land capability and productivity, which analyzes the land use description under subsection (a) above in conjunction with other environmental resources information required under this Part. The narrative shall provide analyses of:

A) The capability of the land before any mining to support a variety of uses, giving consideration to soil and foundation characteristics, topography, vegetative cover and the hydrology of the proposed permit area; and

B) The productivity of the proposed permit area before mining, expressed as average yield of food, fiber, forage, or wood products from such lands obtained under high levels of management. The productivity shall be determined by yield data or estimates for similar sites based on current data from the U.S. Department of Agriculture, State agriculture universities or appropriate State natural resource or agricultural agencies.

3. An intensive soils map prepared to the specifications of the Natural Resources Conservation Service or a contoured aerial photo with a scale of not smaller than 1"=400' and contour interval of not greater than ten (10) feet.

b) Post-mining information. Each plan shall contain a detailed description of the proposed use, following reclamation, of the land within the proposed permit area, including a discussion of the utility and capacity of the reclaimed land to support a variety of alternative uses, and the relationship of the proposed use to existing land use policies and plans. This description shall explain:

1. How the proposed post-mining land use is to be achieved and the necessary support activities which may be needed to achieve the proposed land use;

2. Where a land use different from the pre-mining land use is proposed, all materials needed for approval of the alternative use under 62 Ill. Adm Code 1817.133; and

3. The consideration given to making all of the proposed underground mining activities consistent with surface owner plans and applicable State and local land use plans and programs.

c) The description shall be accompanied by a copy of the comments concerning the proposed use from the legal or equitable owner of record of the surface of the proposed permit area and the State and local government agencies which would have to initiate, implement, approve or authorize the proposed use of the land following reclamation.

History

• Source: Amended at 20 Ill. Reg. 2166, effective January 19, 1996

62 Ill. Adm. Code 1784.16 Reclamation Plan: Siltation Structures, Impoundments, Banks, Dams, and Embankments

a) General. Each application shall include a general plan and a detailed design plan for each proposed siltation structure, water impoundment, and coal processing waste bank, dam, or embankment within the proposed permit area.

1. Each general plan shall:

A) Be prepared by, or under the direction of, and sealed by a qualified registered professional engineer licensed under the Professional Engineering Practice Act of 1989 [225 ILCS 325] with assistance from experts in related fields such as land surveying, geology and landscape architecture;

B) Contain a description, map, and cross-section of the structure and its location;

C) Contain preliminary hydrologic and geologic information required to assess the hydrologic impact of the structure;

D) Contain a survey describing the potential effect on the structure from subsidence of the subsurface strata resulting from past underground mining operations if underground mining has occurred; and

E) Contain a certification statement which includes a schedule setting forth the dates when any detailed design plans for structures that are not submitted with the general plan will be submitted to the Department. The Department shall have approved, in writing, the detailed design plan for a structure before construction of the structure begins.

2. Impoundments meeting the Class B or C criteria for dams in the U.S. Department of Agriculture, Soil Conservation Service Technical Release No. 60 (210-VI-TR60, Oct. 1985), "Earth Dams and Reservoirs," shall comply with the requirements of this Section for structures that meet or exceed the size or other criteria of the Mine Safety and Health Administration (MSHA). Each detailed design plan for a structure that meets or exceeds the size or other criteria of 30 CFR 77.216(a) shall:

A) Be prepared by, or under the direction of, and sealed by a qualified registered professional engineer licensed under the Professional Engineering Practice Act of 1989 [225 ILCS 325] with assistance from experts in related fields such as geology, land surveying and landscape architecture;

B) Include any geotechnical investigation design and construction requirements for the structure;

C) Describe the operation and maintenance requirements for each structure; and

D) Describe the timetable and plans to remove each structure, if appropriate.

3. Each detailed design plan for a structure not included in subsection (a)(2) shall:

A) Be prepared by, or under the direction of, and sealed by a qualified registered professional engineer licensed under the Professional Engineering Practice Act of 1989 [225 ILCS 325] with assistance from experts in related fields such as geology, land surveying, and landscape architecture;

B) Include any design and construction requirements for the structure, including any required technical investigation;

C) Describe the operation and maintenance requirements for each structure; and

D) Describe the timetable and plans to remove each structure, if appropriate.

b) Siltation structures.

1. Siltation structures shall be designed in compliance with the requirements of 62 Ill. Adm. Code 1817.46. Any sedimentation pond or earthen structure which will remain on the proposed permit areas as a permanent water impoundment shall also be designed to comply with the requirements of 62 Ill. Adm. Code 1817.49.

2. Each detailed plan shall, at a minimum, comply with the requirements of MSHA, 30 CFR 77.216-1 and 77.216-2.

c) Permanent and temporary impoundments. Permanent and temporary impoundments shall be designed to comply with the detailed requirements of 62 Ill. Adm. Code 1817.49. Each plan shall comply with the requirements of 30 CFR 77.216-1 and 77.216-2.

d) Coal processing waste banks. Coal processing waste banks shall be designed to comply with the requirements of 62 Ill. Adm. Code 1817.81 through 1817.84.

e) Coal processing waste dams and embankments. Coal processing waste dams and embankments shall be designed to comply with the detailed requirements of 62 Ill. Adm. Code 1817.81 through 1817.84. Each plan shall comply with the requirements of MSHA, 30 CFR 77.216-1 and 77.216-2, and shall contain the results of a geotechnical investigation of the proposed dam or embankment foundation area, to determine the structural competence of the foundation which will support the proposed dam or embankment structure and the impounded material. The geotechnical investigation shall be planned and supervised by an engineer or engineering geologist, according to the following:

1. The number, location, and depth of borings and test pits shall be determined using current prudent engineering practice for the size of the dam or embankment, quantity of material to be impounded, and subsurface conditions;

2. The character of the overburden and bedrock, the proposed abutment sites, and any adverse geotechnical conditions which may affect the particular dam, embankments, or reservoir site shall be considered;

3. All springs, seepage, and ground water flow observed or anticipated during wet periods in the area of the proposed dam or embankment shall be identified on each plan; and

4. Consideration shall be given to the possibility of mudflows, rock debris falls, or other landslides into the dam, embankment, or impounded material.

f) If the structure meets the Class B or C criteria for dams in TR-60 or meets the size or other criteria of 30 CFR 77.216(a), each detailed plan under subsections (b), (c), and (e) shall include a stability analysis of each structure. The stability analysis shall include, but not be limited to, strength parameters, pore pressures, and long-term seepage conditions. The plan shall also contain a description of each engineering design assumption and calculation with a discussion of each alternative considered in selecting the specific design parameters and construction methods.

g) Submission of MSHA certification documents for a detailed design plan under this Section shall satisfy the requirements of this Section insofar as the MSHA informational design standard requirements are duplicative of the requirements of this Section.

History

• Source: Amended at 24 Ill. Reg. 5998, effective March 21, 2000

62 Ill. Adm. Code 1784.17 Protection of Public Parks and Historic Places

a) For any publicly owned parks or any places listed on the National Register of Historic Places that may be adversely affected by the proposed operation, each plan shall describe the measures to be used:

1. To prevent adverse impacts caused by surface mining related activities including, but not limited to, loss or destruction of historic artifacts and damage to historic structures or property; or

2. If a person has valid existing rights, as determined under 62 Ill. Adm. Code 1761.16, or if joint agency approval is to be obtained under 62 Ill. Adm. Code 1761.17(d), to minimize adverse impacts.

b) The Department, in consultation with the Illinois State Historic Preservation Agency, may require the applicant to protect historic or archeological properties listed on or eligible for listing on the National Register of Historic Places through appropriate mitigation and treatment measures. Appropriate mitigation and treatment measures may be required to be taken after permit issuance, taking into account mining plans and the amount of materials present, provided that the required measures are completed before the properties are affected by any mining operation. Appropriate mitigation and treatment measures for properties consisting of buried or surface deposits of archeological materials may include making the property available to any interested archeological investigators for study for a period of time that takes into account mining plans and the amount of materials present.

History

• Source: Amended at 27 Ill. Reg. 4678, effective February 26, 2003

62 Ill. Adm. Code 1784.18 Relocation or Use of Public Roads

Each application shall describe, with appropriate maps and cross sections, the measures to be used to ensure that the interests of the public and landowners affected are protected if, under 62 Ill. Adm. Code 1761.14, the applicant seeks to have the Department approve:

a) Conducting the proposed surface activities of an underground mining operation within 100 feet measured horizontally of the right of way line of any public road, except where mine access or haul roads join that right of way; or

b) Relocating a public road, subject to State or local government approval.

History

• Source: Amended at 27 Ill. Reg. 4678, effective February 26, 2003

62 Ill. Adm. Code 1784.19 Underground Development Waste

Each plan shall contain descriptions, including appropriate maps and cross-section drawings of the proposed disposal methods and sites for placing underground development waste and excess spoil generated at surface areas affected by surface operations and facilities, according to 62 Ill. Adm. Code 1817.71 through 1817.74. Each plan shall describe the geo-technical investigation, design, construction, operation, maintenance and removal, if appropriate, of the structures and be prepared according to 62 Ill. Adm. Code 1780.35.

62 Ill. Adm. Code 1784.20 Subsidence Control Plan

a) Pre-subsidence survey. Each application must include:

1. A map of the permit, shadow and adjacent areas at a scale of 1:12,000, or larger if determined necessary by the Department, showing the location and type of structures and renewable resource lands that subsidence may materially damage or for which the value of reasonably foreseeable use may be diminished by subsidence, and showing the location, depth and type of drinking, domestic, and residential water supplies that could be contaminated, diminished, or interrupted by subsidence.

2. A narrative indicating whether subsidence, if it occurred, could cause material damage to or diminish the value or reasonably foreseeable use of such structures or renewable resource lands or could contaminate, diminish, or interrupt drinking, domestic, or residential water supplies.

b) Subsidence control plan. No further information needs to be provided under this Section if the survey conducted under subsection (a) shows that: no structures or drinking, domestic, or residential water supplies or renewable resource lands exist; no material damage or diminution in value or reasonably foreseeable use of such structures or lands would occur; and no contamination, diminution, or interruption of such water supplies would occur as a result of mine subsidence; and if the Department agrees with this conclusion. If the survey shows that structures, renewable resource lands, or water supplies exist and that subsidence could cause material damage or diminution in value or reasonably foreseeable use, or contamination, diminution, or interruption of protected water supplies, or if the Department determines that damage, diminution in value or foreseeable use, or contamination, diminution, or interruption could occur, the application must include a subsidence control plan that contains the following information:

1. A description of the method of coal removal, such as longwall mining, room-and-pillar removal or hydraulic mining, including the size, sequence and timing of the development of underground workings;

2. A map of the underground workings that describes the location and extent of the areas in which planned-subsidence mining methods will be used and that identifies all areas where the measures described in subsections (b)(4), (b)(5) and (b)(8)(A) will be taken to prevent or minimize subsidence and subsidence-related damage and, when applicable, to correct subsidence-related material damage;

3. A description of the physical conditions, such as depth of cover, seam thickness, lithology of overlaying and underlying strata, and geotechnical stability parameters that affect the likelihood of subsidence and subsidence related damage or potential underground mining impacts on ground water supplies;

4. A description of the monitoring, if any, needed to determine the commencement and degree of subsidence so that, when appropriate, other measures can be taken to prevent, reduce or correct material damage in accordance with 62 Ill. Adm. Code 1817.121(c);

5. Except for those areas where planned subsidence is projected to be used, a detailed description of the subsidence control measures that will be taken to prevent or minimize subsidence and subsidence related damage, such as, but not limited to:

A) Backstowing or backfilling of voids;

B) Leaving support pillars of coal;

C) Leaving areas in which no coal is removed, including a description of the overlying area to be protected by leaving coal in place;

D) Taking measures on the surface to prevent or minimize material damage or diminution in value of the surface; and

E) Geotechnical and engineering analysis of the mining geology and geometry, percent extraction and historic performance to substantiate a stable subsidence control plan;

6. A description of the anticipated effects of planned subsidence, if any;

7. For those areas where unplanned subsidence is projected to be used, a description of procedures to determine the quantity and quality of drinking, domestic and residential water supplies in accordance with 62 Ill. Adm. Code 1817.121(a)(2), if impacts could reasonably be expected to cause material damage. The applicant may request an exemption from conducting surveys of drinking, domestic and residential water supplies required at 62 Ill. Adm. Code 1817.121(a)(2) if it can be demonstrated that material damage resulting from underground mining is not likely to occur. This demonstration shall be based on site specific geotechnical information, stability design and historical performance provided in subsection (b)(3) and (b)(5);

8. For those areas where planned subsidence is projected to be used, provide:

A) a description of methods to be employed to minimize damage from planned subsidence to structures and facilities; or the written consent of the owner of the structure or facility that minimization measures not be taken; or, unless the anticipated damage would constitute a threat to health or safety, a demonstration that the costs of minimizing damage exceed the anticipated costs of repair;

B) a description of procedures to determine the condition of structures and facilities and the quantity and quality of drinking, domestic and residential water supplies in accordance with 62 Ill. Adm. Code 1817.121(a)(2), if impacts could reasonably be expected to cause material damage. The applicant may request an exemption from conducting structure condition surveys and/or surveys of drinking, domestic and residential water supplies required by 62 Ill. Adm. Code 1817.121(a)(2) if it can be demonstrated that material damage resulting from underground mining is not likely to occur. This demonstration shall be based on site specific geotechnical information, stability design and historical performance provided under subsections (b)(3) and (b)(6);

9. A description of the measures to be taken in accordance with 62 Ill. Adm. Code 1817.41(j) and 1817.121(c) to replace adversely affected protected water supplies or to mitigate or remedy any subsidence related material damage to the land and protected structures. In conjunction with this requirement, the applicant shall:

A) provide procedures to determine the existence and degree of material damage or diminution of value or foreseeable use of the surface, structures and facilities, or water quality and quantity. The procedures shall also address resolution of disputes between the landowner and the permittee over the existence, amount, level or degree of damage, such as third party arbitration; and

B) provide a plan for determining an appropriate present worth amount and describe how to resolve disputes between the landowner and the applicant over this amount, such as third party arbitration;

10. Other information specified by the Department as necessary to demonstrate that the operation will be conducted in accordance with 62 Ill. Adm. Code 1817.121.

History

• Source: Amended at 24 Ill. Reg. 5998, effective March 21, 2000

62 Ill. Adm. Code 1784.21 Fish and Wildlife Plan

a) Resource information. Each application shall include fish and wildlife resource information for the permit area and adjacent area.

1. The scope and level of detail for such information shall be determined by the Department in consultation with State and Federal agencies with responsibilities for fish and wildlife and shall be sufficient to design the protection and enhancement plan required under subsection (b).

A) Prior to intiating such studies, the applicant shall contact the Department to determine, in accordance with subsection (B), what fish and wildlife resources information will be required.

B) The Department shall determine the level of detail and the areas of such studies according to:

i) Published data and other pertinent unpublished information;

ii) Site-specific information obtained by the applicant; and

iii) Written guidance obtained from agencies consulted.

2. Site-specific resource information necessary to address the respective species or habitats shall be required when the permit area or adjacent area is likely to include:

A) Listed or proposed endangered or threatened species of plants or animals or their critical habitats listed by the Secretary under the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.) or those species or habitats protected by the Illinois Endangered Species Protection Act [520 ILCS 10];

B) Habitats of unusually high value for fish and wildlife such as important streams, wetlands, riparian areas, cliffs supporting raptors, areas offering special shelter or protection, migration routes, or reproduction and wintering areas; or

C) Other species or habitats identified through agency consultation as requiring special protection under the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.) or the Illinois Endangered Species Protection Act [520 ILCS 10], or other applicable state or Federal law.

b) Protection and enhancement plan. Each application shall include a description of how, to the extent possible using the best technology currently available, the operator will minimize disturbances and adverse impacts on fish and wildlife and related environmental values, including compliance with the Endangered Species Act, during the surface coal mining and reclamation operations and how enhancement of these resources will be achieved where practicable. This description shall –

1. Be consistent with the requirements of 62 Ill. Adm. Code 1817.97;

2. Apply, at a minimum, to species and habitats identified under subsection (a); and

3. Include –

A) Protective measures that will be used during the active mining phase of operation. Such measures may include the establishment of buffer zones, the selective location and special design of haul roads and powerlines, and the monitoring of surface water quality and quantity; and

B) Enhancement measures that will be used during the reclamation and postmining phase of operation to develop aquatic and terrestrial habitat. Such measures may include restoration of streams and other wetlands, retention of ponds and impoundments, establishment of vegetation for wildlife food and cover, and the replacement of perches and nest boxes. Where the plan does not include enhancement measures, a statement shall be given explaining why enhancement is not practicable.

c) Fish and Wildlife Service review. Upon request, the Department shall provide the resource information required under subsection (a) and the protection and enhancement plan required under subsection (b) to the U.S. Department of the Interior, Fish and Wildlife Service Regional or Field Office for their review. This information shall be provided within 10 days of receipt of the request from the Service.

History

• Source: Amended at 15 Ill. Reg. 17301, effective January 1, 1992

62 Ill. Adm. Code 1784.22 Geologic Information

a) Each application shall include geologic information in sufficient detail to assist in:

1. Determining the probable hydrologic consequences of the operation upon the quality and quantity of surface and ground water in the permit, shadow and adjacent areas, including the extent to which surface and ground water monitoring is necessary;

2. Determining all potentially acid- or toxic-forming strata down to and including the stratum immediately below the lowest coal seam to be mined;

3. Determining whether required reclamation can be accomplished and whether the proposed operation has been designed to prevent material damage to the hydrologic balance outside the permit area; and

4. Preparing the subsidence control plan under 62 Ill. Adm. Code 1784.20.

b) Geologic information shall include, at a minimum:

1. A description of the geology of the proposed permit, shadow and adjacent areas down to and including the deeper of either the stratum immediately below the lowest coal seam to be mined, or any aquifer below the lowest coal seam to be mined which may be adversely impacted by mining. The description shall include the areal and structural geology of the permit, shadow and adjacent areas, and other parameters which influence the required reclamation and the occurrence, availability, movement, quality and quantity of potentially impacted surface and ground waters. It shall be based on:

A) The cross-sections, maps and plans required by 62 Ill. Adm. Code 1783.25;

B) The information obtained under subsections (b)(2), (b)(3) and (c); and

C) Geologic literature and practices.

2. For any portion of a permit area in which the strata down to the coal seam to be mined will be removed or are already exposed, samples shall be collected and analyzed from test borings; drill cores; or fresh unweathered, uncontaminated samples from rock outcrops down to and including the deeper of either the stratum immediately below the the lowest coal seam to be mined or any aquifer below the lowest coal seam to be mined which may be adversely impacted by mining. The analyses shall result in the following:

A) Logs showing the lithologic characteristics including physical properties and thickness of each stratum and location of ground water where occurring;

B) Chemical analyses identifying those strata that may contain acid- or toxic-forming or alkalinity-producing materials and to determine their content except that the Department may find that the analysis for alkalinity-producing materials is not necessary to assure protection to the hydrologic balance; and

C) Chemical analyses of the coal seam for acid- or toxic-forming materials, including total sulfur and pyritic sulfur, except that the Department may find that the analysis of pyritic sulfur is unnecessary to assure protection to the hydrologic balance.

3. For lands within the permit, shadow and adjacent areas where the strata above the coal seam to be mined will not be removed, samples shall be collected and analyzed from test borings or drill cores to provide the following data:

A) Logs of drill holes showing the lithologic characteristics, including the physical properties and thickness of each stratum that may be impacted, and location of ground water where occurring;

B) Chemical analyses for acid- or toxic-forming or alkalinity-producing materials and their content in the strata immediately above and below the coal seam to be mined;

C) Chemical analyses of the coal seam for acid- or toxic-forming materials, including the total sulfur and pyritic sulfur, except that the Department may find that the analysis of pyritic sulfur content is unnecessary to determine whether adverse impacts will occur to the hydrologic balance; and

D) For room-and-pillar mining operations, the thickness and engineering properties of clays or soft rocks such as clay shale, if any, in the stratum immediately above and below each coal seam to be mined.

c) If determined to be necessary to protect the hydrologic balance, to minimize or prevent subsidence, or to meet the performance standards of 62 Ill. Adm. Code 1817, the Department shall require the collection, analysis and description of geologic information in addition to that required by subsection (b).

d) An applicant may request the Department to waive in whole or in part the requirements of subsections (b)(2) and (b)(3). The waiver shall be granted only if the Department finds in writing that the collection and analysis of such data is unnecessary because other information having equal value or effect is available to the Department in a satisfactory form.

History

• Source: Amended at 11 Ill. Reg. 8652, effective July 1, 1987

62 Ill. Adm. Code 1784.23 Operation Plan: Maps and Plans

Each application shall contain maps, plans, and cross-sections of the proposed permit and adjacent areas as follows:

a) The maps, plans and cross-sections shall show the underground mining activities to be conducted, the lands to be affected throughout the operations, and any change in a facility or feature to be caused by the proposed operations, if the facility or feature was shown under 62 Ill. Adm. Code 1783.24 and 1783.25;

b) The following shall be shown for the proposed permit area:

1. Buildings, utility corridors, and facilities to be used;

2. The area of land to be affected within the proposed permit area, according to the sequence of mining and reclamation;

3. Each area of land for which a performance bond or other equivalent guarantee will be posted under 62 Ill. Adm. Code 1800;

4. Each coal storage, cleaning, and loading area;

5. Each topsoil, spoil, coal preparation waste, underground development waste, and noncoal waste storage area;

6. Each water diversion, collection, conveyance, treatment, storage, and discharge facility to be used;

7. Each source of waste and each waste disposal facility relating to coal processing or pollution control;

8. Each facility to be used to protect and enhance fish and wildlife related environmental values;

9. Each explosive storage and handling facility;

10. Location of each sedimentation pond, permanent water impoundment, coal processing waste bank, and coal processing waste dam and embankment, in accordance with Section 1784.16 and disposal areas for underground development waste and excess spoil, in accordance with Section 1784.19;

11. Each profile, at cross-sections specified by the Department, of the anticipated final surface configuration to be achieved for the affected areas;

12. Location of each water and subsidence monitoring point; and

13. Location of each facility that will remain on the proposed permit area as a permanent feature, after the completion of underground mining activities.

c) Except as provided in Sections 1784.16(a)(2), 1784.16(a)(3), 1784.19, and 62 Ill. Adm. Code 1817.71(b), 1817.74(c) and 1817.81(c), cross-sections, maps and plans required under subsections (b)(4), (5), (6), (10) and (11) shall be prepared by, or under the direction of, and sealed by a qualified registered professional engineer licensed under The Illinois Professional Engineering Act (Ill. Rev. Stat. 1985, ch. 111, pars. 5101-5137), a qualified registered structural engineer licensed under The Illinois Structural Engineering Act (Ill. Rev. Stat. 1985, ch. 111, pars. 6501-6530), or a qualified registered professional land surveyor licensed under The Illinois Land Surveyors Act (Ill. Rev. Stat. 1985, ch. 111, pars. 3201-3234), with assistance from experts in related fields such as geology and landscape architecture.

History

• Source: Amended at 11 Ill. Reg. 8652, effective July 1, 1987

62 Ill. Adm. Code 1784.24 Transportation Facilities

a) Each application shall contain a detailed description of each road, conveyor, and rail system to be constructed, used, or maintained within the proposed permit area. The description shall include a map, appropriate cross-sections, and the following:

1. Specifications for each road width, road gradient, road surface, road cut, fill embankment, culvert, bridge, drainage ditch, and drainage structure;

2. A report of appropriate geotechnical analysis, where approval of the Department is required for alternative specifications or for steep cut slopes under 62 Ill. Adm. Code 1817.150;

3. A description of each measure to be taken to obtain approval of the Department for alteration or relocation of a natural drainageway under 62 Ill. Adm. Code 1817.150;

4. A description of measures, other than use of a rock headwall, to be taken to protect the inlet end of a ditch relief culvert, for approval by the Department under 62 Ill. Adm. Code 1817.150;

5. The drawings and specifications for each proposed ford of a perennial or intermittent stream that is used as a temporary route, as necessary for approval of the ford by the Department in accordance with 62 Ill. Adm. Code 1817.151(c)(2);

6. A general description of each road, conveyor, or rail system to be constructed, used, or maintained within the proposed permit area;

7. A description of the plans to remove and reclaim each road that would not be retained under an approved post-mining land use, and the schedule for this removal and reclamation.

b) Primary road certification. The plans and drawings for each primary road shall be prepared by, or under the direction of, and certified by a qualified registered professional engineer as meeting the requirements of 62 Ill. Adm. Code 1817.150 and 1817.151 in accordance with prudent engineering practices. The professional engineer shall be experienced in the design and construction of roads, as evidenced by the placement of a registered professional engineer's seal on the certification.

History

• Source: Amended at 15 Ill. Reg. 17301, effective January 1, 1992

62 Ill. Adm. Code 1784.25 Return of Coal Processing Waste to Abandoned Underground Workings

a) Each plan shall describe the design, operation, and maintenance of any proposed coal processing waste disposal facility, including flow diagrams and any other necessary drawings and maps for the approval of the Department and MSHA under 62 Ill. Adm. Code 1817.81(f).

b) Each plan shall describe the source and quality of waste to be stowed, area to be backfilled, percent of the mine void to be filled, method of constructing underground retaining walls, influence of the backfilling operation on active underground mine operations, surface area to be supported by the backfill, and the anticipated occurrence of surface effects following backfilling.

c) The applicant shall describe the source of the hydraulic transport mediums, method of dewatering the placed backfill, retainment of water underground, treatment of water if released to surface streams, and the effect on the hydrologic regime.

d) The plan shall describe each permanent monitoring well to be located in the backfilled area, the stratum underlying the mined coal, and gradient from the backfilled area.

e) The requirements of subsections (a), (b), (c), and (d) shall also apply to pneumatic backfilling operations, except where the operations are exempted by the Department from requirements specifying hydrologic monitoring.

f) This plan is required only if the applicant intends to return coal processing wastes to abandoned underground workings.

History

• Source: Amended at 11 Ill. Reg. 8652, effective July 1, 1987

62 Ill. Adm. Code 1784.26 Air Pollution Control Plan

For all surface operations associated with underground mining activities, the application shall contain a plan for fugitive dust control practices, as required under 62 Ill. Adm. Code 1817.95.

History

• Source: Added at 11 Ill. Reg. 8652, effective July 1, 1987

62 Ill. Adm. Code 1784.27 Rehabilitation of Siltation Structures, Diversions, Impoundments, and Treatment Facilities (repealed)

History

• Source: Repealed at 17 Ill. Reg. 11135, effective July 1, 1993

62 Ill. Adm. Code 1784.29 Diversions

Each application shall contain descriptions, including maps and cross-sections, of stream channel diversions and other diversions to be constructed within the proposed permit area to achieve compliance with 62 Ill. Adm. Code 1817.43.

History

• Source: Added at 11 Ill. Reg. 8652, effective July 1, 1987

62 Ill. Adm. Code 1784.30 Support Facilities

Each applicant for an underground coal mining and reclamation operations permit shall submit a description, plans, and drawings for each support facility to be constructed, used, or maintained within the proposed permit area. The plans and drawings shall include a map, appropriate cross sections, design drawings, and specifications sufficient to demonstrate compliance with 62 Ill. Adm. Code 1817.181 for each facility.

History

• Source: Added at 15 Ill. Reg. 17301, effective January 1, 1992

Part 1785 Requirements for Permits for Special Categories of Mining

62 Ill. Adm. Code 1785.1 Scope

This Part establishes the minimum requirements for regulatory program provisions for permits for certain categories of surface coal mining and reclamation operations. These requirements are in addition to the general permit requirements contained in 62 Ill. Adm. Code 1770 through 1795. All of the provisions of 62 Ill. Adm. Code 1770 through 1795 apply to these operations, unless otherwise specifically provided in this Part.

62 Ill. Adm. Code 1785.2 Objective

The objective of this Part is to ensure that permits are issued for certain categories of surface coal mining and reclamation operations only after the Department receives information that shows that these operations will be conducted according to the applicable requirements of the Surface Mining Control and Reclamation Act (30 U.S.C. 1257 and 1258), 62 Ill. Adm. Code 1815 through 1828, and applicable regulatory programs.

62 Ill. Adm. Code 1785.13 Experimental Practices Mining

a) Experimental practices provide a variance from environmental protection performance standards of the Surface Coal Mining Land Conservation and Reclamation Act (State Act) [225 ILCS 720], 62 Ill. Adm. Code 1810 through 1828 and the regulatory program for experimental or research purposes, or to allow an alternative post-mining land use, and may be undertaken if they are approved by the Illinois Department of Natural Resources (Department) and the Director of the Office of Surface Mining Reclamation and Enforcement (Federal Director) and if they are incorporated into a permit or permit revision issued in accordance with the requirements of 62 Ill. Adm. Code 1772 through 1774.

b) An application for an experimental practice shall contain descriptions, maps, plans and data which show:

1. The nature of the experimental practice, including a description of the performance standards for which variances are requested, the duration of the experimental practice, and any special monitoring which will be conducted;

2. How use of the experimental practice encourages advances in mining and reclamation technology or allows a post-mining land use for industrial, agricultural, commercial, residential, or public use (including recreation facilities) on an experimental basis;

3. That the experimental practice:

A) Is potentially more, or at least as, environmentally protective, during and after mining operations, as would otherwise be required by standards promulgated under 62 Ill. Adm. Code 1810 through 1828; and

B) Will not reduce the protection afforded public health and safety below that provided by the requirements of 62 Ill. Adm. Code 1810 through 1828.

4. That the applicant will conduct monitoring of the effects of the experimental practice. The monitoring program shall ensure the collection, analysis, and reporting of reliable data that are sufficient to enable the Department and the Federal Director to:

A) Evaluate the effectiveness of the experimental practice; and

B) Identify, at the earliest possible time, potential risk to the environment and public health and safety which may be caused by the experimental practice during and after mining.

c) Applications for experimental practices shall comply with the public notice requirements of 62 Ill. Adm. Code 1773.13.

d) No application for an experimental practice under this Section shall be approved until the Department first finds in writing and the Federal Director then concurs that:

1. The experimental practice encourages advances in mining and reclamation technology or allows a post-mining land use for industrial, agricultural, commercial, residential, or public use (including recreational facilities) on an experimental basis;

2. The experimental practice is potentially more, or at least as, environmentally protective, during and after mining operations, as would otherwise be required by standards promulgated under 62 Ill. Adm. Code 1810 through 1828;

3. The mining operations approved for a particular land use or other purpose are not larger or more numerous than necessary to determine the effectiveness and economic feasibility of the experimental practice; and

4. The experimental practice does not reduce the protection afforded public health and safety below that provided by standards promulgated under 62 Ill. Adm. Code 1810 through 1828.

e) Experimental practices granting variances from the special environmental protection performance standards of Section 515 and 516 of the Surface Mining Reclamation and Control Act of 1977 (30 U.S.C. 1265 and 1266) (Federal Act) applicable to prime farmlands shall be approved only after consultation with the U.S. Department of Agriculture, Soil Conservation Service.

f) Each person undertaking an experimental practice shall conduct the periodic monitoring, recording and reporting program set forth in the application, and shall satisfy such additional requirements as the Department or the Federal Director shall impose to ensure protection of the public health and safety and the environment.

g) Each experimental practice shall be reviewed by the Department at a frequency set forth in the approved permit, but no less frequently than every two and a half (2 1/2) years. After review, the Department may require such modifications of the experimental practice as are necessary to ensure that the activities fully protect the environment and the public health and safety. Copies of the decision of the Department shall be sent to the permittee and shall be subject to the provisions for administrative and judicial review of 62 Ill. Adm. Code 1847.3.

h) Revisions or modifications to an experimental practice shall be processed in accordance with the requirements of 62 Ill. Adm. Code 1774.13 and approved by the Department. Any revisions which proposed significant alterations in the experimental practice shall, at a minimum, be subject to notice, hearing, and public participation requirements of 62 Ill. Adm. Code 1773.13 and concurrence by the Federal Director. Revisions that do not propose significant alterations in the experimental practice shall not require concurrence by the Federal Director.

History

• Source: Amended at 17 Ill. Reg. 11075, effective July 1, 1993

62 Ill. Adm. Code 1785.14 Mountaintop Removal Mining

a) This Section applies to any person who conducts or intends to conduct surface mining activities by mountaintop removal mining.

b) Mountaintop removal mining means surface mining activities, where the mining operation removes an entire coal seam or seams running through the upper fraction of a mountain, ridge, or hill, except as provided for in 62 Ill. Adm. Code 1824.11(f), by removing substantially all of the overburden off the bench and creating a level plateau or a gently rolling contour, with no highwalls remaining, and capable of supporting post-mining land uses in accordance with the requirements of this Section.

c) The Department may issue a permit for mountaintop removal mining, without regard to the requirements of 62 Ill. Adm. Code 1816.102, 1816.104, 1816.105 and 1816.107 to restore the lands disturbed by such mining to their approximate original contour, if it first finds, in writing, on the basis of a complete application, that the following requirements are met:

1. The proposed post-mining land use of the lands to be affected will be an industrial, commercial, agricultural, residential, or public facility (including recreational facilities) use and, if:

A) After consultation with the appropriate land use planning agencies, if any, the proposed land use is deemed by the Department to constitute an equal or better economic or public use of the affected land compared with the premining use;

B) The applicant demonstrates compliance with the requirements for acceptable alternative post-mining land capability of 62 Ill. Adm. Code 1816.133;

C) The proposed use would be compatible with adjacent land uses and existing State and local land use plans and programs; and

D) The Department has provided, in writing, an opportunity of not more than sixty (60) days to review and comment on such proposed use to the governing body of general purpose government in whose jurisdiction the land is located and any State or Federal agency which the Department determines to have an interest in the proposed use.

2. The applicant has demonstrated that, in place of restoration of the land to be affected to the approximate original contour under 62 Ill. Adm. Code 1816.102, 1816.104, 1816.105, and 1816.107, the operation will be conducted in compliance with the requirements of 62 Ill. Adm. Code 1824;

3. The requirements of 62 Ill. Adm. Code 1824 are made a specific condition of the permit;

4. All other requirements of the Federal Act, this Chapter, and the regulatory program are met by the proposed operations; and

5. The permit is clearly identified as being for mountaintop removal mining.

d)

1. Any permits incorporating a variance issued under this Section shall be reviewed by the Department to evaluate the progress and development of mining activities to establish that the operator is proceeding in accordance with the terms of the variance:

A) Within the sixth (6th) month preceding the third (3rd) year from the date of its issuance;

B) Before each permit renewal; and

C) Not later than the middle of each permit term.

2. Any review required under subsection (d)(1) need not be held if the permittee has demonstrated and the Department finds, in writing, within three (3) months before the scheduled review, that all operations under the permit are proceeding and will continue to be conducted in accordance with the terms of the permit and requirements of the Federal Act, this Chapter, and the regulatory program.

3. The terms and conditions of a permit for mountaintop removal mining may be modified at any time by the Department, if it determines that more stringent measures are necessary insure that the operation involved is conducted in compliance with the requirements of the Federal Act, this Chapter, and the regulatory program.

History

• Source: Amended at 11 Ill. Reg. 8416, effective July 1, 1987

62 Ill. Adm. Code 1785.15 Steep Slope Mining

a) This Section applies to any persons who conducts or intends to conduct steep slope surface coal mining and reclamation operations, except:

1. Where an operator proposes to conduct surface coal mining and reclamation operations on flat or gently rolling terrain, leaving a plain or predominantly flat area, but on which an occasional steep slope is encountered as the mining proceeds;

2. Where a person obtains a permit under the provisions of Section 1785.14; or

3. To the extent that a person obtains a permit incorporating a variance under Section 1785.16.

b) Any application for a permit for surface coal mining and reclamation operations covered by this Section shall contain sufficient information to establish that the operations will be conducted in accordance with the requirements of 62 Ill. Adm. Code 1816.107.

c) No permit shall be issued for any operations covered by this Section, unless the Department finds, in writing, that in addition to meeting all other requirements of 62 Ill. Adm. Code 1772 through 1785, the operation will be conducted in accordance with the requirements of 62 Ill. Adm. Code 1816.107 or 1817.107.

History

• Source: Amended at 11 Ill. Reg. 8416, effective July 1, 1987

62 Ill. Adm. Code 1785.16 Permits Incorporating Variances from Approximate Original Contour Restoration Requirements

a) The Department may issue a permit for nonmountaintop removal steep slope mining which includes a variance from the requirements of 62 Ill. Adm. Code 1816.102, 1816.104, 1816.105, and 1816.107 or 1817.102 and 1817.107 to restore the disturbed areas to their approximate original contour. The permit may contain such a variance only if the Department finds, in writing, that the applicant has demonstrated, on the basis of a complete application, that the following requirements are met:

1. After reclamation, the lands to be affected by the variance within the permit area will be suitable for an industrial, commercial, residential, or public post-mining land use (including recreational facilities).

2. The requirements of 62 Ill. Adm. Code 1816.133 or 1817.133 will be met.

3. The watershed of lands within the proposed permit and adjacent areas will be improved by the operations when compared with the condition of the watershed before mining or with its condition if the approximate original contour were to be restored. The watershed will be deemed improved only if:

A) The amount of total suspended solids or other pollutants discharged to ground or surface water from the permit area will be reduced, so as to improve the public or private uses or the ecology of such water, or flood hazards within the watershed containing the permit area will be reduced by reduction of the peak flow discharge from precipitation events or thaws;

B) The total volume of flow from the proposed permit area, during every season of the year, will not vary in a way that adversely affects the ecology of any surface water or any existing or planned use of surface or ground water; and

C) The appropriate State environmental agency approves the plan.

4. The owner of the surface of the lands within the permit area has knowingly requested, in writing, as part of the application, that a variance be granted. The request shall be made separately from any surface owner consent given for the operations under 62 Ill. Adm. Code 1778.15 of this chapter and shall show an understanding that the variance could not be granted without the surface owner's request.

b) If a variance is granted under this section:

1. The requirements of 62 Ill. Adm. Code 1816.133(d) or 62 Ill. Adm. Code 1817.133(d) shall be included as a specific condition of the permit; and

2. The permit shall be specifically marked as containing a variance from approximate original contour.

c) A permit incorporating a variance under this section shall be reviewed by the Department at least every thirty (30) months following the issuance of the permit to evaluate the progress and development of the surface coal mining and reclamation operations to establish that the operator is proceeding in accordance with the terms of the variance.

d) If the permittee demonstrates to the Department that the operations have been, and continue to be, conducted in compliance with the terms and conditions of the permit, the requirements of the Federal Act, 62 Ill. Adm. Code 1700-1850, and the regulatory program, the review specified in subsection (c) need not be held.

e) The terms and conditions of a permit incorporating a variance under this Section may be modified at any time by the Department, if it determines that more stringent measures are necessary to ensure that the operations involved are conducted in compliance with the requirements of the Federal Act, and the regulatory program.

History

• Source: Amended at 11 Ill. Reg. 8416, effective July 1, 1987

62 Ill. Adm. Code 1785.17 Prime Farmlands

a) Scope

1. This Section applies to any person who conducts or intends to conduct surface coal mining and reclamation operations on prime farmlands historically used for cropland.

2. This Section does not apply to:

A) Lands on which surface coal mining and reclamation operations are conducted pursuant to any permit issued prior to August 3, 1977; or

B) Lands on which surface coal mining and reclamation operations are conducted pursuant to any renewal or revision of a permit issued prior to August 3, 1977; or

C) Lands included in any existing surface coal mining operations for which a permit was issued for all or any part thereof prior to August 3, 1977, provided that:

i) Such lands are part of a single continuous surface coal mining operation begun under a permit issued before August 3, 1977; and

ii) The permittee had a legal right to mine the lands prior to August 3, 1977, through ownership, contract, or lease but not including an option to buy, lease or contract; and

iii) The lands contain part of a continuous recoverable coal seam that was being mined in a single continuous mining pit (or multiple pits if the lands are proven to be part of a single continuous surface coal mining operation) begun under a permit issued prior to August 3, 1977.

3. For the purposes of this Section:

A) "Renewal" of a permit shall mean a decision by the Department to extend the time by which a permittee may complete mining within the boundaries of the original permit and "revision" of the permit shall mean a decision by the Department to allow changes in the method of mining operations within the original permit area, or the decision of the Department to allow amendment, pursuant to State law, prior to June 1, 1982, or other incidental boundary changes to the original permit;

B) A pit shall be deemed to be a single continuous mining pit even if portions of the pit are crossed by a road, pipeline, railroad, or powerline or similar crossing;

C) A single continuous surface coal mining operation is presumed to consist only of a single continuous mining pit under a permit issued prior to August 3, 1977, but may include non-contiguous parcels if the operator can prove by clear and convincing evidence that, prior to August 3, 1977, the non-contigous parcels were part of a single permitted operation. For the purpose of the paragraph, clear and convincing evidence includes, but is not limited to, contracts, leases, deeds or other properly executed documents (not including options) that specifically treat separate parcels as one surface coal mining operation.

4. All applicants for an exemption shall supply the Department with a scale map of the area proposed to be exempted, delineating all prime farmland soils and showing the total number of acres proposed for exemption to the nearest acre, and the numbers of acres of each prime farmland soil type in the area proposed to be exempted.

b) Application contents--reconnaissance inspection.

1. All permit applications, whether or not prime farmland is present, shall include the results of a reconnaissance inspection of the proposed permit area to indicate whether prime farmland exists. The reconnaissance inspection shall be either a review of an existing soil survey for the proposed permit area or an on-site inspection of the proposed permit area. The Department shall consult with the Natural Resources Conservation Service to determine the nature and extent of the required reconnaissance inspection.

2. If the reconnaissance inspection establishes that no land within the proposed permit area is prime farmland historically used for cropland, the applicant shall submit a statement that no prime farmland is present. The statement shall identify the basis upon which such a conclusion was reached.

3. In those cases where an on-site inspection of the proposed permit area was the type of reconnaissance inspection conducted, the applicant shall have a soil survey made of the lands within the permit area which the reconnaissance inspection indicates could be prime farmland. In those cases where a review of an existing soil survey was the type of reconnaissance inspection conducted, the applicant shall have the soil survey revised, if necessary, to meet the standards of subsection (c)(1). Soil surveys of the detail used by the Natural Resources Conservation Service for operational conservation planning shall be used to identify and locate prime farmland soils, as specified in subsection (c)(1)(A).

A) If the soil survey indicates that no prime farmland soils are present within the proposed permit area, subsection (b)(2) shall apply.

B) If the soil survey indicates that prime farmland soils are present within the proposed permit area, subsection (c) shall apply.

c) Application contents for prime farmland.

All permit applications for areas in which prime farmland has been identified, within the proposed permit area, shall include the following:

1. A soil survey of the permit area according to the standards of the National Cooperative Soil Survey and in accordance with the procedures set forth in U.S. Department of Agriculture Handbooks 436 (Soil Taxonomy, 1975) and 18 (Soil Survey Manual, 1993);

A) These publications are hereby incorporated by reference as they exist on the date of adoption of this Part. Agriculture Handbooks 436 (Soil Taxonomy) and 18 (Soil Survey Manual) are on file and available for inspection at the Office of Surface Mining and Reclamation (OSMRE) Central Office, U.S. Department of the Interior, 1951 Constitution Avenue, N.W., Washington, D.C., at each OSM Technical Center and Field Office. Copies of these publications may also be obtained by written request to the above locations. Copies of these documents are also available from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402, Stock Number 001-000-04611-0 (Soil Survey Manual) and Stock Number 001-000-04612-8 (Soil Taxonomy). In addition, these documents are available for inspection at the national, state, and local offices of the Natural Resources Conservation Service, U.S. Department of Agriculture (USDA) and at the Federal Register Library, 1100 L. Street, N.W., Washington, D.C. Copies of these documents will be available for public review and copying at cost at the Office of the Secretary of State, and at the Springfield and Benton office of the Land Reclamation Division of the Department.

B) The soil survey shall include a description of soil mapping units and a representative soil profile as determined by the Natural Resources Conservation Service, including, but not limited to, soil horizon depths, pH, and range of soil densities for each prime farmland soil map unit within the permit area. Other representative soil profile descriptions from the locality, prepared according to the standards of the National Cooperative Soil Survey, may be used if their use is approved by the State Conservationist of the Natural Resources Conservation Service. The Department shall request the operator to provide information on other physical and chemical soil properties as needed to make a determination that the operator has the technological capability to restore the prime farmland within the permit area to the soil reconstruction standards of 62 Ill. Adm. Code 1823.

2. A plan for soil reconstruction, replacement and stabilization for the purpose of establishing the technological capability of the mine operator to comply with the requirements of 62 Ill. Adm. Code 1823.

3. Scientific data, such as agricultural school studies, for areas with comparable soils, climate, and management that demonstrate that the proposed method of reclamation, including the use of soil mixtures or substitutes, if any, will achieve, within a reasonable time, levels of yield equivalent to, or higher than, those of nonmined prime farmland in the surrounding area.

4. The productivity prior to mining, including the average yield of food, fiber, forage, or wood products obtained under a high level of management.

d) Consultation with the State Conservationist.

1. Before any permit is issued for areas that include prime farmlands, the Department shall consult with the State Conservationist of the Natural Resources Conservation Service. The State Conservationist shall provide for the review of, and comment on the proposed method of soil reconstruction in the plan submitted under subsection (c). If the State Conservationist considers those methods to be inadequate, he or she shall suggest revisions resulting in more complete and adequate reconstruction. In keeping with the time limitations imposed by these regulations, the State Conservationist's response will be expected within 30 days after the last publication of the newspaper advertisement placed by the applicant. The State recognizes that the permit cannot be issued without the required consultation with USDA.

2. The State Conservationist shall provide to the Department a list of prime farmland soils, their location, physical and chemical characteristics, crop yields, and associated data necessary to support adequate prime farmland soil descriptions.

3. The State Conservationist shall assist the Department in determining the adequacy of all soil surveys required in subsection (b)(1).

e) Issuance of permit.

A permit for the mining and reclamation of prime farmland may be granted by the Department, if it first finds, in writing, upon the basis of a complete application, that:

1. The approved proposed post-mining land use of these prime farmlands will be cropland;

2. The permit incorporates as specific conditions the contents of the plan submitted under subsection (c), after consideration of any revisions to that plan suggested by the State Conservationist under subsection (d);

3. The applicant has the technological capability to restore the prime farmland, within a reasonable time, to equivalent or higher levels of yield as nonmined prime farmland in the surrounding area under equivalent levels of management;

4. The proposed operations will be conducted in compliance with the requirements of 62 Ill. Adm. Code 1823 and other environmental protection performance and reclamation standards for mining and reclamation of prime farmland of the regulatory program; and

5. The aggregate total prime farmland acreage shall not be decreased from that which existed prior to mining. Water bodies, if any, to be constructed during mining and reclamation must be located within the post-reclamation non-prime farmland portions of the permit area. The creation of any such water bodies must be approved by the Department and the consent of all affected property owners within the permit area must be obtained.

History

• Source: Amended at 22 Ill. Reg. 20273, effective November 5, 1998

62 Ill. Adm. Code 1785.18 Variances for Delay in Contemporaneous Reclamation Requirement in Combined Surface and Underground Mining Activities

a) Scope. This Section shall apply to any person or persons who conducts or intends to conduct combined surface mining activities and underground mining activities, where a variance is requested from the contemporaneous reclamation requirement of 62 Ill. Adm. Code 1816.100.

b) Application contents for variances. Any person who desires to obtain a variance under this Section shall file with the Department complete applications for both the surface mining activities and underground mining activities which are to be combined. The reclamation and operation plans for these permits shall contain appropriate narratives, maps, and plans, which:

1. Show why the proposed underground mining activities are necessary or desirable to assure maximum practical recovery of coal;

2. Show how multiple future disturbances of surface lands or waters will be avoided;

3. Identify the specific surface areas for which a variance is sought and the particular Sections of the Federal Act, 62 Ill. Adm. Code 1700-1850 and the regulatory program from which a variance is being sought;

4. Show how the activities will comply with 62 Ill. Adm. Code 1816.79 and other applicable requirements of the regulatory program;

5. Show why the variance sought is necessary for the implementation of the proposed underground mining activities;

6. Provide an assessment of the adverse environmental consequences and damages, if any, that will result if the reclamation of surface mining activities is delayed; and

7. Show how off-site storage of spoil will be conducted to comply with the requirements of the Federal Act, 62 Ill. Adm. Code 1816.71 through 1816.74, and the regulatory program.

c) Issuance of permit. A permit incorporating a variance under this Section may be issued by the Department, if it first finds, in writing, upon the basis of a complete application filed in accordance with this Section, that:

1. The applicant has presented, as part of the permit application, specific feasible plans for the proposed underground mining activities;

2. The proposed underground mining activities are necessary or desirable to assure maximum practical recovery of the mineral resource and will avoid multiple future disturbances of surface land or waters;

3. The applicant has satisfactorily demonstrated that the applications for the surface mining activities and underground mining activities conform to the requirements of the regulatory program and that all other permits necessary for the underground mining activities have been issued by the appropriate authorities;

4. The surface area of surface mining activities proposed for the variance has been shown by the applicant to be necessary for implementing the proposed underground mining activities;

5. No substantial adverse environmental damage, either on-site or off-site, will result from the delay in completion of reclamation otherwise required by Section 515(b)(16) of the Federal Act, 62 Ill. Adm. Code 1816 and the regulatory program;

6. The operations will, insofar as a variance is authorized, be conducted in compliance with the requirements of 62 Ill. Adm. Code 1816.79 and the regulatory program;

7. Provisions for off-site storage of spoil will comply with the requirements of Section 515(b)(22) of the Federal Act, 62 Ill. Adm. Code 1816.71 through 1816.74 and the regulatory program;

8. Liability under the performance bond required to be filed by the applicant with the Department pursuant to 62 Ill. Adm. Code 1800 and the regulatory program shall be for the duration of the underground mining activities and until all requirements of 62 Ill. Adm. Code 1800 and the regulatory program have been complied with; and

9. The permit for the surface mining activities contains specific conditions:

A) Delineating the particular surface areas for which a variance is authorized;

B) Identifying the applicable provisions of Section 515 (b) of the Federal Act, 62 Ill. Adm. Code 1816 and the regulatory program; and

C) Providing a detailed schedule for compliance with the provisions of this Section.

d) Review of permits containing variances. Variances granted by permits issued under this Section shall be reviewed by the Department no later than three (3) years from the dates of issuance of the permit and any permit renewals.

History

• Source: Amended at 11 Ill. Reg. 8416, effective July 1, 1987

62 Ill. Adm. Code 1785.20 Augering

a) This Section applies to any person who conducts or intends to conduct surface coal mining and reclamation operations utilizing augering operations.

b) Any application for a permit for operations covered by this Section shall contain, in the mining and reclamation plan, a description of the augering methods to be used and the measures to be used to comply with 62 Ill. Adm. Code 1819.

c) No permit shall be issued for any operations covered by this Section unless the Department finds, in writing, that in addition to meeting all other applicable requirements of 62 Ill. Adm. Code 1772 through 1785, the operation will be conducted in compliance with 62 Ill. Adm. Code 1819.

History

• Source: Amended at 11 Ill. Reg. 8416, effective July 1, 1987

62 Ill. Adm. Code 1785.21 Coal Preparation Plants Not Located Within the Permit Area of a Mine

a) This Section applies to any person who operates or intends to operate a coal preparation plant outside the permit area of any mine, other than such plants which are located at the site of ultimate coal use. Any person who operates such a preparation plant shall obtain a permit from the Department in accordance with the requirements of this Section.

b) Any application for a permit for operations covered by this Section shall contain an operation and reclamation plan which specifies plans, including descriptions, maps, and cross- sections, of the construction, operation, maintenance, and removal of the preparation plant and support facilities operated incident thereto or resulting therefrom. The plan shall demonstrate that those operations will be conducted in compliance with 62 Ill. Adm. Code 1827.

c) No permit shall be issued for any operation covered by this Section, unless the Department finds, in writing, that, in addition to meeting all other applicable requirements of 62 Ill. Adm. Code 1772 through 1785, the operations will be conducted in compliance with the requirements of 62 Ill. Adm. Code 1827.

History

• Source: Amended at 11 Ill. Reg. 8416, effective July 1, 1987

62 Ill. Adm. Code 1785.22 In Situ Processing Activities

a) This Section applies to any person who conducts or intends to conduct surface coal mining and reclamation operations utilizing in situ processing activities.

b) Any application for a permit for operations covered by this Section shall be made according to all requirements of 62 Ill. Adm. Code 1772 through 1785 applicable to underground mining activities. In addition, the mining and reclamation operations plan for operations involving in situ processing activities shall contain information establishing how those operations will be conducted in compliance with the requirements of 62 Ill. Adm. Code 1828, including:

1. Delineation of proposed holes and wells and production zone for approval of the Department;

2. Specifications of drill holes and casings proposed to be used;

3. A plan for treatment, confinement, or disposal of all acid-forming or radioactive gases, solids, or liquids constituting a fire, health, safety or environmental hazard caused by the mining and recovery process; and

4. Plans for monitoring surface and ground water and air quality, as required by the Department.

c) No permit shall be issued for operations covered by this Section, unless the Department first finds, in writing, upon the basis of a complete application made in accordance with subsection (b), that the operation will be conducted in compliance with all requirements of 62 Ill. Adm. Code 1772 through 1785 relating to underground mining activities, and 62 Ill. Adm. Code 1817 and 1828.

History

• Source: Amended at 11 Ill. Reg. 8416, effective July 1, 1987

62 Ill. Adm. Code 1785.23 Minor Underground Mine Facilities Not at or Adjacent to the Processing or Preparation Facility or Area

a) Any person who intends to conduct underground mining activities which require establishment or use of minor underground mine facilities not at or adjacent to the processing or preparation facility or area shall obtain a permit from the Department.

b) Minor underground mine facilities include air shafts, fan and ventilation buildings, small support buildings or sheds, access power holes, other small miscellaneous structures and associated roads.

c) Contents of application for permit. Each application for a permit shall contain, at a minimum, the following information:

1. The name, address, and telephone number of the applicant;

2. Reclamation and operations plans, including:

A) A narrative description of the proposed minor disturbance area, cross-referenced to the map required under subsection (c)(4), including surface topography; geological, surface water, and other physical features; and vegetative cover;

B) A narrative description of the methods to be used in the operations and reclamation, including, but not limited to, the types and uses of equipment, drilling, blasting, road or other access route construction, and excavated earth and other debris disposal activities;

C) An estimated timetable for conducting and completing each phase of the reclamation;

D) The estimated amounts of coal to be removed and a description of the methods to be used to determine those amounts; and

E) A description of the measures to be used to comply with the applicable requirements of 62 Ill. Adm. Code 1817.182;

3. The name and address of the owner of record of the surface land;

4. A map at a scale of 1:24,000 or larger, showing the areas of land to be disturbed by the proposed operations and reclamation. The map shall specifically show existing roads, occupied dwellings, and pipelines; proposed location of trenches, roads, and other access routes and structures to be constructed; the location of land excavations to be conducted; water or coal exploratory holes and wells to be drilled or altered; earth or debris disposal areas; existing bodies of surface water; historic, topographic, cultural, and drainage features; and

5. If the surface is owned by a person other than the applicant, a description of the basis upon which the applicant claims the right to enter that land for the purpose of conducting operations and reclamation.

d) Public notice and opportunity to comment. Public notice of the application and opportunity to comment shall be provided as follows:

1. Within 5 days after filing of an application with the Department, public notice shall be posted by the applicant at the courthouse or other public office designated by the Department in the vicinity of the proposed permit area and shall be published in a local newspaper in the area of the proposed activities;

2. The public notice shall state the name and business address of the person seeking the permit, the date of filing of the application, the address of the Department at which written comments on the application may be submitted, the closing date of the comment period, and a description of the general area of the proposed activities. In no case shall the public comment period be less than 30 days;

3. Any person with an interest which is or may be adversely affected shall have the right to file written comments on the application within the public comment period; and

4. Other State agencies deemed appropriate by the Department shall be given copies of the application and provided 30 days from the date of receipt to submit comments.

e) Applications: Approval or disapproval of minor underground mining activities not at or near the mine site.

1. The Department shall make its final decision to approve, deny or require modification of the completed application for a permit within 20 days following the close of the public comment period; or

2. The Department shall approve a complete application filed in accordance with this Section if it finds in writing that the applicant has demonstrated that the activities and reclamation described in the application will be conducted in accordance with the State Act and 62 Ill. Adm. Code 1817.182.

f) Terms of approval. Each permit issued by the Department shall contain conditions necessary to ensure that the activities and reclamation will be conducted in compliance with the State Act and 62 Ill. Adm. Code 1817.182.

g) Applications: Notice and hearing for minor underground mining facilities.

1. The Department shall notify the applicant, each person who filed comments or objections to the permit application and the appropriate local government officials, in writing, of its decision to approve or deny the application. If the application is denied, the notice to the applicant shall include a statement of the reason for disapproval.

2. Any person with interests which are or may be adversely affected by a decision of the Department pursuant to subsection (g)(1) above shall have the opportunity for administrative and judicial review as set forth in 62 Ill. Adm. Code 1847.3.

h) Minor facility compliance duties.

1. Minor underground mine facilities not at or adjacent to the processing or preparation facility or area shall be conducted in accordance with 62 Ill. Adm. Code 1817.182 and any conditions on approval of such activities.

2. Any person who utilizes or establishes such minor facilities in violation of the State Act, this Section or 62 Ill. Adm. Code 1817.182 shall be subject to the provisions of Sections 8.01 to 8.10 of the State Act and 62 Ill. Adm. Code 1840 through 1845.

History

• Source: Amended at 26 Ill. Reg. 4283, effective March 6, 2002

Part 1795 Small Operator Assistance

62 Ill. Adm. Code 1795.1 Scope and Purpose

a) This Part comprises the Small Operator Assistance Program (SOAP) and establishes the procedures for providing assistance to eligible operators by the program administrator.

b) The purpose of the program is to provide for eligible operators a determination of probable hydrologic consequences including the engineering analysis and designs necessary for the determination; cross-sections, maps and plans; geologic drilling and statement of results of test borings and samplings; archaeological and historical information collection and relevant plan preparation; pre-blast surveys and pre-blast survey reports; and site specific resource information collection and relevant plan preparation, which are required components of the permit application under 62 Ill. Adm. Code 1772 through 1785.

History

• Source: Amended at 20 Ill. Reg. 2124, effective January 19, 1996

62 Ill. Adm. Code 1795.2 Objective (repealed)

History

• Source: Repealed at 11 Ill. Reg. 8481, effective July 1, 1987

62 Ill. Adm. Code 1795.3 Authority

The Director shall provide financial and other assistance under Section 2.02 of the State Act to the extent funds are appropriated by Congress specifically for this Program and by the State legislature.

62 Ill. Adm. Code 1795.4 Definitions

a) As used in this Part, program administrator means the Illinois Department of Natural Resources (Department) Director's designee; and

b) Qualified laboratory means a designated public agency, private firm, institution, or analytical laboratory which can prepare the required determination of probable hydrologic consequences or other studies and/or reports or plans under the Small Operator Assistance program which meet the standards of Section 1795.10.

History

• Source: Amended at 20 Ill. Reg. 2124, effective January 19, 1996

62 Ill. Adm. Code 1795.6 Eligibility for Assistance

An applicant is eligible for assistance if he or she:

a) Intends to apply for a permit pursuant to the Surface Coal Mining Land Conservation and Reclamation Act [225 ILCS 720] (State Act);

b) Establishes that his or her probable total attributed annual production from all locations on which the operator is issued the surface coal mining and reclamation operations permit will not exceed 300,000 tons. Production from the following operations shall be attributed to the applicant:

1. The pro rata share, based upon percentage of ownership of applicant, of coal produced by operations in which the applicant owns more than a ten (10) percent interest;

2. The pro rata share, based upon percentage of ownership of applicant, of coal produced in other operations by persons who own more than ten (10) percent of the applicant's operation;

3. All coal produced by operations owned by persons who directly or indirectly control the applicant by reason of direction of the management;

4. All coal produced by operations owned by members of the applicant's family and the applicant's relatives, unless it is established that there is no direct or indirect business relationship between or among them;

c) Is not restricted in any manner from receiving a permit under the permanent regulatory program; and

d) Does not organize or reorganize his or her company solely for the purposes of obtaining assistance under the SOAP.

History

• Source: Amended at 20 Ill. Reg. 2124, effective January 19, 1996

62 Ill. Adm. Code 1795.7 Filing for Assistance

Each application for assistance shall include the following information:

a) A statement of the operator's intent to file a permit application.

b) The names and addresses of:

1. The permit applicant; and

2. The operator, if different from the applicant.

c) A schedule of the estimated total production of coal from the proposed permit area and all other locations from which production is attributed to the applicant under Section 1795.6. The schedule shall include for each location:

1. The operator or company name under which coal is or will be mined;

2. The permit number and Mine Safety and Health Administration (MSHA) number;

3. The actual coal production during the year preceding the year for which the applicant applies for assistance and production that may be attributed to the applicant under Section 1795.6; and

4. The estimated coal production and any production which may be attributed to the applicant for each year of the proposed permit.

d) A description of:

1. The proposed method of coal mining;

2. The anticipated starting and termination dates of mining operations;

3. The number of acres of land to be affected by the proposed mining operation; and

4. A general statement on the probable depth and thickness of the coal resource including a statement of reserves in the permit area and the method by which they were calculated.

e) A U.S. Geological Survey topographic map at a scale of 1:24,000 or larger or other topographic map of equivalent detail which clearly shows:

1. The land to be affected;

2. The location of any existing or proposed test borings; and

3. The location and extent of known workings of any underground mines.

f) Copies of documents which show that:

1. The applicant has a legal right to enter and commence mining within the permit area; and

2. A legal right of entry has been obtained for the program administrator and laboratory personnel to inspect the lands to be mined and adjacent areas to collect environmental data or to install necessary instruments.

History

• Source: Added at 11 Ill. Reg. 8481, effective July 1, 1987

62 Ill. Adm. Code 1795.8 Application Approval and Notice

a) If the program administrator finds the applicant eligible, he or she shall inform the applicant in writing within ninety (90) days of receipt of the application that the application is approved.

b) If the program administrator finds the applicant ineligible, he or she shall inform the applicant in writing that the application is denied and shall state the reasons for denial.

History

• Source: Added at 11 Ill. Reg. 8481, effective July 1, 1987

62 Ill. Adm. Code 1795.9 Program Services and Data Requirements

a) To the extent possible with available funds, the program administrator shall select and pay a qualified laboratory to make the determination, studies, reports, plans and statement referenced in subsection (b) below for eligible operators who request assistance.

b) The program administrator shall determine the data needed for each applicant or group of applicants. Data collected and the results provided to the program administrator shall be sufficient to satisfy the requirements for:

1. The determination of probable hydrologic consequences, including the engineering analysis and designs necessary for the determination, of the surface mining and reclamation operations in the proposed permit and adjacent areas in accordance with 62 Ill. Adm. Code 1780.21(f) and 1784.14(e);

2. The drilling and statement of the results of test borings or core samples for the proposed permit in accordance with 62 Ill. Adm. Code 1780.22(b) and 1784.22(b);

3. Cross-sections, maps and plans required by 62 Ill. Adm. Code 1779.25 and 1783.25;

4. Collection of archaeological and historical information and related plans required by 62 Ill. Adm. Code 1779.12(b), 1780.31, 1783.12(b) and 1784.17, and any other archaeological and historical information required by the Department;

5. Pre-blast surveys and reports pursuant to the provisions of 62 Ill. Adm. Code 1816.62;

6. Site specific resource information and protection and enhancement plans for fish and wildlife habitats and other environmental values required by the Department under 62 Ill. Adm. Code 1779.19, 1780.16, 1783.19 and 1784.21, and information and plans for any other environmental values required by the Department under the State Act.

c) Data collection and analysis may proceed concurrently with the development of mining and reclamation plans by the operator.

d) Data collected under this program shall be made publicly available in accordance with 62 Ill. Adm. Code 1773.13(d). The program administrator shall develop procedures for interstate coordination and exchange of data.

History

• Source: Amended at 20 Ill. Reg. 2124, effective January 19, 1996

62 Ill. Adm. Code 1795.10 Qualified Laboratories

a) Basic qualifications. To be designated a qualified laboratory, a firm shall demonstrate that it:

1. Is staffed with experienced, professional or technical personnel in fields applicable to the work to be performed;

2. Has adequate space for material preparation and cleaning and sterilizing equipment and has stationary equipment, storage, and space to accomodate workloads during peak periods;

3. Meets the requirements of MSHA set forth in 30 CFR 1 through 199 (1986) and the requirements of the Occupational Safety and Health Administration set forth in 29 CFR 1900 through 1999(1986);

4. Has analytical, monitoring and measuring equipment capable of meeting applicable standards set forth in 62 Ill. Adm. Code 1780.21(a) and 1784.14(a);

5. Has the capability of collecting necessary field samples and making hydrologic field measurements and analytical laboratory determinations by acceptable hydrologic, geologic, or analytical methods in accordance with the requirements of 62 Ill. Adm. Code 1780.21, 1780.22, 1784.14 and 1784.22. Other appropriate methods or guidelines for data aquisition shall be approved by the program administrator if it is determined that these alternate methods will result in the collection of data as accurate as that collected by the previously mentioned methods, and

6. Has the capability of performing services for either the determination or statement referenced in Section 1795.9(b).

b) Subcontractors. Subcontractors may be used to provide some of the required services provided their use is identified at the time a determination is made that a firm is qualified and they meet requirements specified in subsection (a).

History

• Source: Added at 11 Ill. Reg. 8481, effective July 1, 1987

62 Ill. Adm. Code 1795.11 Assistance Funding

a) Use of funds. Funds specifically authorized for this program shall be used to provide the services specified is Section 1795.9 and shall not be used to cover administrative expenses.

b) Allocation of funds. The program administrator shall establish a formula for allocating funds to provide services commensurate with funding levels for eligible small operators if available funds are less than those required to provide the services pursuant to this Part.

History

• Source: Added at 11 Ill. Reg. 8481, effective July 1, 1987

62 Ill. Adm. Code 1795.12 Applicant Liability

a) The applicant shall reimburse the Department for the cost of the laboratory services performed pursuant to this Part if:

1. The applicant submits false information, fails to submit a permit application within one (1) year from the date of receipt of the approved laboratory reports, or fails to mine after obtaining a permit;

2. The program administrator finds that the applicant's actual and attributed production of coal for all locations exceeds 300,000 tons during the 12 months immediately following the date on which the operator is issued the surface coal mining and reclamation permit; or

3. The permit is sold, transferred, or assigned to another person and the original permittee's and transferee's total actual and attributed production exceeds 300,000 tons during the twelve (12) months immediately following the date on which the permit was originally issued. If the permit is transferred during the twelve (12) month period immediately following the permit issuance date, the determination of adherence to the twelve (12) month – 300,000 tons limit shall be performed by combining the actual and attributed production of both parties for the twelve (12) month period immediately following the date of original permit issuance. Under this subsection the applicant and its successor are jointly and severally obligated to reimburse the Department.

b) The program administrator shall waive the reimbursement obligation if he or she finds that the applicant at all times acted in good faith.

History

• Source: Amended at 20 Ill. Reg. 2124, effective January 19, 1996

62 Ill. Adm. Code 1795.13 Eligibility for Assistance (repealed)

History

• Source: Repealed at 11 Ill. Reg. 8481, effective July 1, 1987

62 Ill. Adm. Code 1795.14 Filing for Assistance (repealed)

History

• Source: Repealed at 11 Ill. Reg. 8481, effective July 1, 1987

62 Ill. Adm. Code 1795.15 Application Approval and Notice (repealed)

History

• Source: Repealed at 11 Ill. Reg. 8481, effective July 1, 1987

62 Ill. Adm. Code 1795.16 Data Requirements (repealed)

History

• Source: Repealed at 11 Ill. Reg. 8481, effective July 1, 1987

62 Ill. Adm. Code 1795.17 Qualified Laboratories (repealed)

History

• Source: Repealed at 11 Ill. Reg. 8481, effective July 1, 1987

62 Ill. Adm. Code 1795.18 Assistance Funding (repealed)

History

• Source: Repealed at 11 Ill. Reg. 8481, effective July 1, 1987

62 Ill. Adm. Code 1795.19 Applicant Liability (repealed)

History

• Source: Repealed at 11 Ill. Reg. 8481, effective July 1, 1987

Part 1800 Bonding and Insurance Requirements for Surface Coal Mining and Reclamation Operations

62 Ill. Adm. Code 1800.1 Scope and Purpose

This Part sets forth the minimum requirements for filing and maintaining bonds and insurance for surface coal mining and reclamation operations under regulatory programs in accordance with the Surface Coal Mining Land Conservation and Reclamation Act (Ill. Rev. Stat. 1985, ch. 96½, pars. 7901.01 et seq. (State Act).

History

• Source: Added at 11 Ill. Reg. 7985, effective July 1, 1987

62 Ill. Adm. Code 1800.2 Objective (repealed)

History

• Source: Repealed at 11 Ill. Reg. 7985, effective July 1, 1987

62 Ill. Adm. Code 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, in accordance with Section 1800.14. The Department shall also adjust the amount as acreage in the permit area is revised, or when other relevant conditions change, according to the requirements of Section 1800.15.

c) The Department may accept a self-bond if the permittee meets the requirements of Section 1800.23.

d) The Department shall release liability under a bond or bonds in accordance with Section 1800.40.

e) If the conditions specified in Section 1800.50 occur, the Department shall take appropriate action to cause all or part of a bond to be forfeited in accordance with procedures of that Section.

f) The Department shall require in the permit that adequate bond coverage be in effect at all times. Except as provided in Section 1800.16(e)(2), operating without a bond is a violation of a condition upon which the permit is issued.

History

• Source: Amended at 22 Ill. Reg. 20157, effective November 5, 1998

62 Ill. Adm. Code 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) Collateral bond means an indemnity agreement in a sum certain executed by the permittee as principal which is supported by the deposit with the Department of one or more of the following:

1. A cash account, which shall be the deposit of cash in one or more federally-insured or equivalently protected accounts, payable only to the Department upon demand, or the deposit of cash directly with the Department;

2. Negotiable bonds of the United States, a State, or a municipality, endorsed to the order of, and placed in the possession of, the Department;

3. Negotiable certificates of deposit, made payable or assigned to the Department and placed in its possession or held by a federally-insured bank;

4. An irrevocable letter of credit of any bank organized or authorized to transact business in Illinois, in another state of the United States, or in the United States by national charter, payable only to the Department upon presentation provided that if the bank does not have an office for collection in Illinois, there shall be a confirming bank designated with an office in Illinois that is authorized to accept, negotiate and pay the letter upon presentment in Illinois; or

5. Other investment-grade rated securities having a rating of AAA, AA, or A or an equivalent rating issued by a nationally recognized securities rating service, endorsed to the order of, and placed in the possession of the Department.

c) Self-bonding means an indemnity agreement in a sum certain executed by the applicant or by the applicant and any corporate guarantor and made payable to the Department, with or without separate surety.

History

• Source: Amended at 20 Ill. Reg. 15683, effective December 2, 1996

62 Ill. Adm. Code 1800.11 Requirement to File a Bond

a) After a permit application under 62 Ill. Adm. Code 1772 through 1785 has been approved, but before a permit is issued in accordance with 62 Ill. Adm. Code 1773.19, the Department shall notify the applicant in writing of the amount of bond required to ensure reclamation of the permit area. The applicant shall file with the Department, on a form provided by the Department a bond or bonds for performance made payable to the Department and conditioned upon the faithful performance of all the requirements of the State Act, 62 Ill. Adm. Code 1700 through 1850, the permit and the reclamation plan. Failure to file a performance bond or other equivalent guarantee in accordance with this Section within 1 year after the issuance of the Department's written notification of the required bond amount shall result in the application being deemed null and void. The Department may issue an extension to this time limit if the applicant can demonstrate just cause (e.g., extended periods of illness, extreme inclement weather, acts of civil unrest, or other emergency situations) for doing so.

b) Bond coverage.

1. The bonds or bonds shall cover the entire permit area, or an identified increment of land within the permit area upon which the operator will initiate and conduct surface coal mining operations during the initial term of the permit.

2. As surface coal mining and reclamation operations on succeeding increments are initiated and conducted within the permit area, the permittee shall file with the Department an additional bond or bonds to cover such increments in accordance with this Section.

3. The operator shall identify the initial and successive areas or increments for bonding on the permit application map submitted for approval as provided in the application (under 62 Ill. Adm. Code 1780 and 1784), and shall specify the bond amount to be provided for each area or increment.

4. Independent increments shall be of sufficient size and configuration to provide for efficient reclamation operations should reclamation by the Department become necessary pursuant to Section 1800.50.

c) An operator shall not disturb any surface areas, succeeding increments or extend any underground shafts, tunnels, or operations prior to acceptance by the Department of the required performance bond.

d) The applicant shall file, with the approval of the Department, a bond or bonds under one of the following schemes to cover the bond amounts for the permit area as determined in accordance with Section 1800.14:

1. A performance bond or bonds for the entire permit area;

2. A cumulative bond schedule and the performance bond required for the full reclamation of the initial area to be disturbed; or

3. An incremental bond schedule and the performance bond required for the first increment in the schedule.

e) The Department shall administer self-bonding for eligible permittees consistent with all applicable provisions of Section 1800.1 through 1800.50.

History

• Source: Amended at 26 Ill. Reg. 4197, effective March 6, 2002

62 Ill. Adm. Code 1800.12 Form of the Performance Bond

The Department shall prescribe the form of the performance bond. The Department shall allow for:

a) A surety bond;

b) A collateral bond;

c) A self-bond; or

d) A combination of any of these bonding methods.

History

• Source: Amended at 20 Ill. Reg. 15683, effective December 2, 1996

62 Ill. Adm. Code 1800.13 Period of Liability

a) Performance bond liability shall be for the duration of the surface coal mining and reclamation operation and for a period which is coincident with the operator's period of extended responsibility for successful revegetation provided in 62 Ill. Adm. Code 1816.116 or 1817.116 or until achievement of the reclamation requirements of the State Act, regulatory programs, and permit, whichever is later.

b) Isolated and clearly defined portions of the permit area requiring extended liability may be separated from the original area and bonded separately with the approval of the Department. Such areas shall be limited in extent and not constitute a scattered, intermittent, or checkerboard pattern of failure. Access to the separated areas for remedial work may be included in the area under extended liability if deemed necessary by the Department.

c) If the Department approves a long-term, intensive agricultural post-mining land use, in accordance with 62 Ill. Adm. Code 1816.133 or 1817.133, the five year period of liability shall commence at the date of initial planting for such long-term agricultural use.

d) Bond liability

1. The bond liability of the permittee shall include only those actions which he or she is obligated to take under the permit, including completion of the reclamation plan, so that the land will be capable of supporting the post-mining land use approved under 62 Ill. Adm. Code 1816.133 or 1817.133.

2. Implementation of an alternative post-mining land use approved under 62 Ill. Adm. Code 1816.133 and 1817.133 which is beyond the control of the permittee, need not be covered by the bond. Bond liability for prime farmland shall be as specified in Section 1800.40(c)(2).

History

• Source: Amended at 24 Ill. Reg. 5898, effective March 21, 2000

62 Ill. Adm. Code 1800.14 Determination of Bond Amount

a) The amount of the bond required for each bonded area shall:

1. Be determined by the Department;

2. Depend upon the requirements of the approved permit and reclamation plan;

3. Reflect the probable difficulty of reclamation, giving consideration to such factors as topography, geology, hydrology, and revegetation potential; and

4. Be based on, but not limited to, the estimated cost submitted by the permit applicant.

b) The amount of the bond shall be sufficient to assure the completion of the reclamation plan if the work has to be performed by the Department in the event of forfeiture, and in no case shall the total bond initially posted for the entire area under one permit be less than the greater of six hundred dollars ($600) per acre or ten thousand dollars ($10,000).

c) An operator's financial responsibility under 62 Ill. Adm. Code 1817.121(c) for repairing material damage resulting from subsidence may be satisfied by the liability insurance policy required under Section 1800.60.

History

• Source: Added at 11 Ill. Reg. 7985, effective July 1, 1987

62 Ill. Adm. Code 1800.15 Adjustment of Amount

a) The amount of the bond or deposit required and the terms of the acceptance of the applicant's bond shall be adjusted by the Department from time to time as the area requiring bond coverage is increased or decreased or where the cost of future reclamation changes. The Department may specify periodic times or set a schedule for reevaluating and adjusting the bond amount to fulfill this requirement.

b) The Department shall:

1. Notify the permittee, the surety, and any person with a property interest in collateral who has requested notification under Section 1800.21(e) of any proposed adjustment to the bond amount; and

2. Provide the permittee an opportunity for administrative review in accordance with 62 Ill. Adm. Code 1847.3.

c) A permittee may request reduction of the amount of the performance bond upon submission of evidence to the Department proving that the permittee's method of operation or other circumstances reduces the estimated cost for the Department to reclaim the bonded area. Bond adjustments which involve undisturbed land or revision of the cost estimate of reclamation are not considered bond release subject to procedures of Section 1800.40.

d) In the event that an approved permit is revised in accordance with 62 Ill. Adm. Code 1772 through 1785 the Department shall review the bond for adequacy and, if necessary, shall require adjustment of the bond to conform to the permit as revised.

History

• Source: Amended at 24 Ill. Reg. 5898, effective March 21, 2000

62 Ill. Adm. Code 1800.16 General Terms and Conditions of Bond

a) The performance bond shall be in an amount determined by the Department as provided in Section 1800.14.

b) The performance bond shall be payable to the Department.

c) The performance bond shall be conditioned upon faithful performance of all the requirements of the State Act, 62 Ill. Adm. Code 1700-1850, the regulatory program, and the approved permit, including completion of the reclamation plan.

d) The duration of the bond shall be for the time period provided in Section 1800.13.

e)

1. The bond shall provide a mechanism for a bank or surety company to give prompt notice to the Department and the permittee of any action filed alleging the insolvency or bankruptcy of the surety company, the bank, or the permittee, or alleging any violations which would result in suspension or revocation of the surety or bank charter or license to do business.

2. Upon the incapacity of a bank or surety company by reason of bankruptcy, insolvency, or suspension or revocation of a charter or license, the permittee shall be deemed to be without bond coverage and shall promptly notify the Department. The Department, upon notification received through the procedures of subsection (e)(1) or from the permittee, shall, in writing, notify the operator who is without bond coverage and specify a reasonable period, not to exceed ninety (90) days, to replace bond coverage. If an adequate bond is not posted by the end of the period allowed, the operator shall cease coal extraction and shall comply with the provisions of 62 Ill. Adm. Code 1816.132 or 1817.132 and shall immediately begin to conduct reclamation operations in accordance with the reclamation plan. Mining operations shall not resume until the Department has determined that an acceptable bond has been posted.

History

• Source: Added at 11 Ill. Reg. 7985, effective July 1, 1987

62 Ill. Adm. Code 1800.17 Bonding Requirements for Underground Coal Mines and Long-Term Coal-Related Surface Facilities and Structures

a) Responsibilities. The Department shall require bond coverage, in an amount determined under Section 1800.14, for long-term surface facilities and structures, and for areas disturbed by surface impacts incident to underground mines within the permit area. Specific reclamation techniques required for underground mines and long-term facilities shall be considered in determining the amount of bond to complete the reclamation.

b) Long-term period of liability.

1. The period of liability for every bond covering long-term surface disturbances shall commence with the issuance of a permit, except that to the extent that such disturbances will occur on a succeeding increment to be bonded, such liability will commence upon the posting of the bond for that increment before the initial surface disturbance of that increment. The liability period shall extend until all reclamation, restoration, and abatement work under the permit has been completed and the bond is released under the provisions of Section 1800.40, or until the bond has been replaced or extended in accordance with subsection (b)(3).

2. Long-term surface disturbances shall include long-term coal-related surface facilities and structures, and surface impacts incident to underground coal mining, which disturb an area for a period that exceeds five (5) years. Long-term surface disturbances include, but are not limited to: surface features of shafts and slope facilities, coal refuse areas, powerlines, boreholes, ventilation shafts, preparation plants, machine shops, roads, and loading and treatment facilities.

3. Continuous bond coverage shall apply throughout the period of extended responsibility for successful revegetation and until the provisions of Section 1800.40 have been met.

c) The Department shall take action to forfeit a bond pursuant to this Section if thirty (30) days prior to bond expiration the permittee has not filed:

1. A performance bond for a new term as required for continuous coverage; or

2. A performance bond providing coverage for the period of liability, including the period of extended responsibility for successful revegetation.

History

• Source: Added at 11 Ill. Reg. 7985, effective July 1, 1987

62 Ill. Adm. Code 1800.20 Surety Bonds

a) A surety bond shall be executed by the operator and a corporate surety licensed to do business in Illinois.

b) Surety bonds shall be subject to the following conditions:

The Department shall not accept the bond of a surety company unless the surety company is licensed to do business in the State of Illinois as surety and bond shall not be cancelable by the surety at any time for any reason including, but not limited to, non-payment of premiums or bankruptcy of the permittee during the period of liability. Surety bond coverage for permitted lands not disturbed shall be cancelled if the surety gives at least ninety (90) days notice to the Department of the intent to cancel prior to cancellation. Such notice shall be by certified mail and shall not be effective until received by the Department. Cancellation shall not be effective for lands subject to bond coverage which have already been disturbed or are disturbed after receipt of notice, but prior to approval by the Department. The Department may allow continuation of surface coal mining and reclamation operations on the land for which the bond is cancelled only if a replacement bond is filed by the permittee prior to the cancellation date, or the permit is amended so that the surface coal mining operations approved under the permit are reduced to the degree necessary to cover all the costs attributable to the completion of reclamation operations on the reduced permit area in accordance with Section 1800.11(b)(2).

History

• Source: Amended at 20 Ill. Reg. 1939, effective January 19, 1996

62 Ill. Adm. Code 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 provided in Sections 1800.30 and 1800.40.

2. The Department shall value collateral at its current market value, not at face value.

3. The Department shall require that certificates of deposit be made payable to or assigned to the Department both in writing and upon the records of the bank issuing the certificates. If assigned, the Department shall require the banks issuing these certificates to waive all rights of setoff or liens against those certificates.

4. The Department shall not accept an individual certificate of deposit in an amount in excess of $100,000 or the maximum insurable amount as determined by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation.

b) Letters of credit shall be subject to the following conditions:

1. The letter may only be issued by a bank organized or authorized to do business in Illinois, in another state of the United States, or in the United States by national charter ("issuing bank"). If the issuing bank does not have an office for collection in Illinois, there shall be a confirming bank designated with an office in Illinois that is authorized to accept, negotiate and pay the letter upon presentment in Illinois.

2. Letters of credit shall be irrevocable during their terms. A letter of credit used as security in areas requiring continuous bond coverage shall be forfeited and shall be collected by the Department if not replaced by other suitable bond or letter of credit at least thirty (30) days before its expiration date.

3. The letter of credit shall be payable to the Department upon demand, in part or in full, upon receipt from the Department of a notice of forfeiture issued in accordance with Section 1800.50.

4. The Department shall not accept a letter of credit in excess of ten percent (10%) of the issuing bank's total capital and surplus accounts, as certified by the President of the bank providing the letter of credit and as evidenced by the most recent quarterly Call Report provided to the Federal Deposit Insurance Corporation. The ten percent (10%) limit, as used in this subsection, shall be a cumulative total of all letters of credit submitted to the Department by any one issuing bank.

5. The letter of credit shall provide on its face that the Department, its lawful assigns, or the attorneys for the Department or its assigns, may sue, waive notice and process, appear on behalf of, and confess judgment against the issuing bank (and any confirming bank) in the event that the letter of credit is dishonored. The letter of credit shall be deemed to be made in Sangamon County, Illinois, for the purpose of enforcement and any actions thereon shall be enforceable in the Courts of Illinois, and shall be construed under Illinois law.

c) Cash accounts shall be subject to the following conditions:

1. The Department may authorize the permittee to supplement the bond through the establishment of a cash account in one or more federally-insured or equivalently protected accounts made payable upon demand to, or deposited directly with, the Department. The total bond including the cash account shall not be less than the amount required under terms of performance bonds including any adjustments, less amounts released in accordance with Section 1800.40.

2. Any interest paid on a cash account shall be retained in the account and applied to the bond value of the account unless the Department has approved the payment of interest to the permittee.

3. Certificates of deposit may be substituted for a cash account in accordance with subsection (a).

4. The Department shall not accept an individual cash account in an amount in excess of $100,000 or the maximum insurable amount as determined by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation.

d) Bond value of collateral.

1. The estimated bond value of all collateral posted as assurance under Section 1800.21 shall be subject to a margin which is the ratio of bond value to market value, as determined by the Department. The margin shall reflect legal and liquidation fees, as well as value depreciation, marketability, and fluctuations which might affect the net cash available to the Department to complete reclamation.

2. The bond value of collateral may be evaluated at any time, but it shall be evaluated as part of permit renewal and, if necessary, the performance bond amount increased or decreased. In no case shall the bond value of collateral exceed the market value.

e) Persons with an interest in collateral posted as a bond, and who desire notification of actions pursuant to the bond, shall request the notification in writing to the Department at the time collateral is offered.

History

• Source: Amended at 20 Ill. Reg. 1939, effective January 19, 1996

62 Ill. Adm. Code 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 normal operating cycle of the business.

Current liabilities means obligations which are reasonably expected to be paid or liquidated within one year or within the normal operating cycle of the business.

Fixed assets means plants and equipment, but does not include land or coal in place.

Liabilities means legally enforceable obligations to transfer assets or provide services to other entities in the future as a result of past transactions.

Net worth means total assets minus total liabilities and is equivalent to owners' equity.

Parent corporation means a corporation which owns or controls the applicant.

Tangible net worth means net worth minus intangibles such as goodwill and rights to patents or royalties.

b) The Department may accept a self-bond from an applicant for a permit if all of the following conditions are met by the applicant or its parent corporation guarantor:

1. The applicant designates a suitable agent to receive service of process in the State of Illinois.

2. The applicant has been in continuous operation as a business entity for a period of not less than five years. Continuous operation shall mean that business was conducted over a period of five years immediately preceding the time of application.

A) The Department may allow a joint venture or syndicate with less than five years of continuous operation to qualify under subsection (b)(2) above, if each member of the joint venture or syndicate has been in continuous operation for at least five years immediately preceding the time of application.

B) When calculating the period of continuous operation, the Department may exclude past periods of interruption to the operation of the business entity that were beyond the applicant's control and that do not affect the applicant's likelihood of remaining in business during the proposed surface coal mining and reclamation operations.

3. The applicant submits financial information in sufficient detail to show that the applicant meets one of the following criteria:

A) The applicant has a current rating for its most recent bond issuance of "A" or higher as issued by either Moody's Investor Service or Standard and Poor's Corporation;

B) The applicant has a tangible net worth of at least $10 million, a ratio of total liabilities to net worth of 2.5 times or less, and a ratio of current assets to current liabilities of 1.2 times or greater; or

C) The applicant's fixed assets in the United States total at least $20 million, and the applicant has a ratio of total liabilities to net worth of 2.5 times or less, and a ratio of current assets to current liabilities of 1.2 times or greater.

4. The applicant submits:

A) Financial statements for the most recently completed fiscal year accompanied by a report prepared by an independent certified public accountant in conformity with generally accepted accounting principles and containing the accountant's audit opinion or review opinion of the financial statements with no adverse opinion;

B) Unaudited financial statements for completed quarters in the current fiscal year; and

C) Additional unaudited information as requested by the Department.

c) Written guarantee.

1. The Department may accept a written guarantee for an applicant's self-bond from a parent corporation guarantor, if the guarantor meets the conditions of subsections (b)(1) through (4), above, as if it were the applicant. Such a written guarantee shall be referred to as a "corporate guarantee." The terms of the corporate guarantee shall provide for the following:

A) If the applicant fails to complete the reclamation plan, the guarantor shall do so or the guarantor shall be liable under the indemnity agreement to provide funds to the Department sufficient to complete the reclamation plan, but not to exceed the bond amount.

B) The corporate guarantee shall remain in force unless the guarantor sends notice of cancellation by certified mail to the applicant and to the Department at least 90 days in advance of the cancellation date, and the Department accepts the cancellation.

C) The cancellation may be accepted by the Department if the applicant obtains suitable replacement bond before the cancellation date or if the lands for which the self-bond, or portion thereof, was accepted have not been disturbed.

2. The Department may accept a written guarantee for an applicant's self-bond from any corporate guarantor, whenever the applicant meets the conditions of subsections (b)(1), (2) and (4) above, and the guarantor meets the conditions of subsections (b)(1) through (4) above. Such a written guarantee shall be referred to as a "non-parent corporate guarantee." The terms of this guarantee shall provide for compliance with the conditions of subsections (c)(1)(A) through (C) above. The Department may require the applicant to submit any information specified in subsection (b)(3) above in order to determine the financial capabilities of the applicant.

d) In order for the Department to accept an applicant's self-bond, the total amount of the outstanding and proposed self-bonds of the applicant for surface coal mining and reclamation operations shall not exceed 25 percent of the applicant's tangible net worth in the United States. In order for the Department to accept a corporate guarantee, the total amount of the parent corporation guarantor's present and proposed self-bonds and guaranteed self-bonds for surface coal mining and reclamation operations shall not exceed 25 percent of the guarantor's tangible net worth in the United States. In order for the Department to accept a non-parent corporate guarantee, the total amount of the non-parent corporate guarantor's present and proposed self-bonds and guaranteed self-bonds shall not exceed 25 percent of the guarantor's tangible net worth in the United States.

e) If the Department accepts an applicant's self-bond, an indemnity agreement shall be submitted subject to the following requirements:

1. The indemnity agreement shall be executed by all persons and parties who are to be bound by it, including the parent corporation guarantor, and shall bind each jointly and severally.

2. Corporations applying for a self-bond, and parent and non-parent corporations guaranteeing an applicant's self-bond shall submit an indemnity agreement signed by two corporate officers who are authorized to bind their corporations. A copy of such authorization shall be provided to the Department along with an affidavit certifying that such an agreement is valid under all applicable federal and state laws. In addition, the guarantor shall provide a copy of the corporate authorization demonstrating that the corporation may guarantee the self-bond and execute the indemnity agreement.

3. If the applicant is a partnership, joint venture or syndicate, the agreement shall bind each partner or party who has a beneficial interest, directly or indirectly, in the applicant.

4. Pursuant to Section 1800.50, the applicant, parent or non-parent corporate guarantor shall be required to complete the approved reclamation plan for the lands in default or to pay to the Department an amount necessary to complete the approved reclamation plan, not to exceed the bond amount. Under Illinois law, the indemnity agreement when under forfeiture shall operate as a judgment against those parties liable under the indemnity agreement.

f) The Department shall require self-bonded applicants and parent and non-parent corporate guarantors to submit an update of the information required under subsections (b)(3) and (4) above within 90 days after the close of each fiscal year following the issuance of the self-bond or corporate guarantee.

g) If at any time during the period when a self-bond is posted, the financial conditions of the applicant, parent or non-parent corporate guarantor change so that the criteria of subsections (b)(3) and (d) above are not satisfied, the permittee shall notify the Department immediately and shall within 90 days post an alternate form of bond in the same amount as the self-bond. Should the permittee fail to post an adequate substitute bond, the provisions of Section 1800.16(e)(2) shall apply.

History

• Source: Added at 20 Ill. Reg. 15683, effective December 2, 1996

62 Ill. Adm. Code 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 replacement bond shall be accompanied by a letter from the bonding company identifying the dates of the permit period which the bond is to cover and acknowledging any previously affected areas which the replacement is to cover.

b) The Department shall not release existing performance bonds until the permittee has submitted, and the Department has approved, acceptable replacement performance bonds. Replacement of a performance bond pursuant to this Section shall not constitute a release of bond under Section 1800.40.

History

• Source: Added at 11 Ill. Reg. 7985, effective July 1, 1987

62 Ill. Adm. Code 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 behalf. The Department may also initiate an application for bond release. For bond releases initiated by the Department, the Department shall undertake the notification and certification requirements of the applicant under this Section.

2. Within 30 days after an application for bond release has been filed with the Department, the applicant shall submit a copy of an advertisement placed at least once a week for 4 successive weeks in a newspaper of general circulation in the locality of the surface coal mining operation. The advertisement shall be considered part of any bond release application and shall contain the permit number and approval date, notification of the precise location of the land affected, the number of acres, the type and amount of the bond filed and the portion sought to be released, the type and appropriate dates of reclamation work performed, a description of the results achieved as they relate to the permittee's approved reclamation plan, and the name and address of the Department to which written comments, objections, or requests for public hearings on the specific bond release may be submitted pursuant to subsection (d). In addition, as part of any bond release application, the applicant shall submit copies of letters which he or she has sent to adjoining property owners, local governmental bodies, planning agencies, sewage and water treatment authorities, and water companies in the locality in which the surface coal mining and reclamation operation took place, notifying them of the intention to seek release from the bond. The applicant shall submit a certification of publication for such advertisement prior to the Department's final administrative decision releasing bond.

3. The applicant shall include in the application for bond release a notarized statement which certifies that all applicable reclamation activities have been accomplished in accordance with the requirements of the State Act, the regulatory program and the approved reclamation plan. Such certification shall be submitted for each application or phase of bond release.

b) Inspection by Department.

1. Upon filing of the bond release application, the Department shall, within 30 days, or as soon thereafter as weather conditions permit, conduct an inspection and evaluation of the reclamation work involved. The evaluation shall consider, among other factors, the degree of difficulty to complete any remaining reclamation, whether pollution of surface and subsurface water is occurring, the probability of future occurrence of such pollution, and the estimated cost of abating such pollution. The surface owner, agent, or lessee shall be given notice of such inspection and may participate with the Department in making the bond release inspection. The Department may arrange with the permittee to allow access to the permit area, upon request by any person with an interest in bond release, for the purpose of gathering information relevant to the proceeding.

2. Within the later of 60 days from the filing of the bond release application or 5 days after the expiration of the public comment period provided under subsection (d), if no public hearing is held pursuant to subsection (d), or within 30 days after a public hearing has been held pursuant to subsection (d), the Department shall notify, in writing, the permittee, the municipality and county in which the surface coal mining operation is located, the surety, or other persons with an interest in bond collateral who have requested notification under Section 1800.21(e), and the persons who either filed objections in writing or objectors who were a party to the hearing proceedings, if any, its final administrative decision to release or not to release all or part of the performance bond. The municipality and county shall be notified by certified mail.

c) The Department may release all or part of the bond for the entire permit area or incremental area if the Department is satisfied that all the reclamation or a phase of the reclamation covered by the bond or portion thereof has been accomplished in accordance with the following schedules for reclamation of Phases I, II, and III:

1. At the completion of Phase I, after the operator completes the backfilling, regrading (which includes the replacement of topsoil) and drainage control of a bonded area in accordance with the approved reclamation plan, 60% of the bond or collateral for the applicable area.

2. At the completion of Phase II, after revegetation has been established on the regraded mined lands in accordance with the approved reclamation plan, an additional amount of bond. When determining the amount of bond to be released after successful revegetation has been established, the Department shall retain that amount of bond for the revegetated area which would be sufficient to cover the cost of reestablishing revegetation if completed by a third party and for the period specified for operator responsibility in Section 6.08(d)(2) of the State Act for reestablishing revegetation. No part of the bond or deposit shall be released under this subsection (c)(2) so long as the lands to which the release would be applicable are contributing suspended solids to streamflow or runoff outside the permit area in excess of the requirements set by Section 3.10 of the State Act and by 62 Ill. Adm. Code 1816 or 1817 or until soil productivity for prime farmland has returned to the equivalent levels of yield as nonmined land of the same soil type in the surrounding area under equivalent management practices as determined from the soil survey performed pursuant to Section 2.02(a) of the State Act and 62 Ill. Adm. Code 1823. Where a silt dam is to be retained as a permanent impoundment pursuant to 62 Ill. Adm. Code 1816 or 1817, the Phase II portion of the bond may be released under this subsection so long as provisions for sound future maintenance by the operator or the landowner have been made with the Department.

3. At the completion of Phase III, after the operator has completed successfully all surface coal mining and reclamation activities, the release of the remaining portion of the bond, but not before the expiration of the period specified for operator responsibility in 62 Ill. Adm. Code 1816.116 or 1817.116. However, no bond shall be fully released under this subsection until the reclamation requirements of the State Act and the permit are fully met.

d) Any person with a valid legal interest which might be adversely affected by release of the bond, or the responsible officer or head of any Federal, State, or local governmental agency which has jurisdiction by law or special expertise with respect to any environmental, social, or economic impact involved in the operation or which is authorized to develop and enforce environmental standards with respect to such operations, shall have the right to file a written request for hearing and written objections to the proposed release from bond with the Department within 30 days after the last publication of the notice required by subsection (a)(2). If written objections are filed and a hearing is requested, the hearing shall be held in accordance with 62 Ill. Adm. Code 1847.9.

e) If the Department disapproves the application for release of the bond or portion of the bond, the Department shall notify the permittee, the surety, and any person with an interest in collateral as provided for in Section 1800.21(e), in writing, stating the reasons for disapproval and recommending corrective actions necessary to secure the release. The permittee, the surety, and any person with an interest in collateral as provided for in Section 1800.21(e) may request an administrative hearing on the disapproval of bond release by filing a request for hearing in accordance with the procedures set forth in 62 Ill. Adm. Code 1847.3.

History

• Source: Amended at 27 Ill. Reg. 4683, effective March 26, 2003

62 Ill. Adm. Code 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 permit are not met, or if the permittee defaults on the conditions under which the bond was accepted, the Department shall take the following action to forfeit all or part of a bond or bonds for any permit area or an increment of a permit area:

1. Send written notification by certified mail, return receipt requested, to the permittee and the surety on the bond, if any, informing them of the determination to forfeit all or part of the bond, including the reasons for the forfeiture and the amount to be forfeited.

2. The amount shall be based on the estimated total cost of achieving the reclamation plan requirements.

b) Prior to the bond forfeiture notification under subsection (a)(1) above, the Department shall advise the permittee and surety, if applicable, of the conditions under which forfeiture may be avoided. Such conditions include, but are not limited to:

1. Agreement by the permittee or another party to perform reclamation operations in accordance with a compliance schedule which meets the conditions of the permit, the reclamation plan, and the regulatory program and a demonstration that such party has the ability to satisfy the conditions; or

2. The Department may allow a surety to complete the reclamation plan, or the portion of the reclamation plan applicable to the bonded phase or increment, if the surety can demonstrate an ability to complete the reclamation in accordance with the approved reclamation plan. Except where the Department may approve partial release authorized under Section 1800.40, no surety liability shall be released until successful completion of all reclamation under the terms of the permit, including the applicable liability periods of Section 1800.13.

c) In the event forfeiture of the bond is required by subsection (a) above, the Attorney General, on request of the Department, shall file suit to collect any unpaid, forfeited bonds pursuant to Section 6.07 of the State Act.

1. Before making a request to the Attorney General to collect the forfeited bonds, or before presenting the collateral bond for collection, the Department shall afford the permittee the right to a hearing to be held not less than thirty (30) days after the permittee's receipt of the bond forfeiture notification under subsection (a)(1).

2. The Department shall hold the hearing provided in subsection (c)(1) in accordance with the procedures set forth in 62 Ill. Adm. Code 1847.7.

d) The Department shall use funds collected from bond forfeiture to complete the reclamation plan, or portion thereof, on the permit area or increment and to cover associated administrative expenses to which bond coverage applies. Unless specifically limited, as provided in Section 1800.11(b), bond liability shall extend to the entire permit area under forfeiture.

e) Reclamation costs.

1. In the event the estimated amount forfeited is insufficient to pay for the full cost of reclamation, the operator shall be liable for remaining costs. The Department may complete, or authorize completion of, reclamation of the bonded area and may recover from the operator all costs of reclamation in excess of the amount forfeited.

2. In the event the amount of performance bond forfeited was more than the amount necessary to complete reclamation, the unused funds shall be returned by the Department to the party from whom they were collected.

f) No permittee who has forfeited any bond shall be issued a permit from the Department for surface coal mining and reclamation operations unless the permit applicant provides the following assurances to the Department that such proceedings will not again become necessary:

1. The permit applicant submits a cash bond or certificate of deposit for the proposed permit area, pursuant to Section 1800.11.

2. The officers, directors, ten percent (10%) or greater shareholders of the permit applicant, if a corporation, agree to be held personally liable for violations of the State Act caused by the permittee.

3. The permit applicant has compensated the entity that completed reclamation of the permit area for all costs attributable to bond forfeiture.

4. All prior violations of the State Act attributable to the permit applicant have been corrected, including payments of all outstanding civil penalties.

History

• Source: Amended at 17 Ill. Reg. 10916, effective July 1, 1993

62 Ill. Adm. Code 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 liability insurance policy in force for the surface coal mining and reclamation operations for which the permit is sought. Such policy shall provide for personal injury and property damage protection in an amount adequate to compensate any persons injured or property damaged as a result of the surface coal mining and reclamation operations, including the use of explosives, and who are entitled to compensation under the applicable provisions of State law. Minimum insurance coverage for bodily injury and property damage shall be three hundred thousand dollars ($300,000) for each occurrence and five hundred thousand dollars ($500,000) aggregate.

b) The policy or approved replacement thereof shall be maintained in full force during the life of the permit or any renewal thereof, and the liability period necessary to complete all reclamation operations under 62 Ill. Adm. Code 1800 - 1850.

c) The policy shall include a rider requiring that the insurer notify the Department whenever substantive changes are made in the policy including any termination or failure to renew.

History

• Source: Amended at 14 Ill. Reg. 11785, effective January 1, 1991

Chapter I Department of Mines and Minerals

Part 1810 Permanent Program Performance Standards General Provisions

62 Ill. Adm. Code 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.

62 Ill. Adm. Code 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. Accordingly, the performance standards and design requirements in 62 Ill. Adm. Code 1810 through 1828 will provide for:

a) Protection of the health, safety, and general welfare of mine workers and the public;

b) Maximum use and conservation of the solid fuel resource being recovered so that reaffecting the land through future surface coal mining operations can be minimized;

c) Prompt reclamation of all affected areas to conditions that are capable of supporting the premining land uses or higher or better land uses;

d) Reclamation of land affected by surface coal mining operations as contemporaneously as practicable with mining operations;

e) Minimizing, to the extent possible using the best technology currently available, disturbances and adverse impacts on fish, wildlife, and other related environmental values, and enhancement of such resources where practicable;

f) Revegetation which achieves a prompt vegetative cover and recovery of productivity levels compatible with approved land uses;

g) Minimum disturbances to the prevailing hydrologic balance at the mine-site and in associated off-site areas, and to the quality and quantity of water in surface and ground water systems;

h) Protection of fragile and historic lands where surface coal mining operations could result in significant damage to important historic, cultural, scientific, or esthetic values, and natural systems;

i) Confinement of surface coal mining and reclamation operations including, but not limited to, the location of spoil disposal areas to lands within the permit area;

j) Striking a balance between protection of the environment and agricultural productivity and the Nation's need for coal as an essential source of energy; and

k) Protection of endangered and threatened species and their critical habitats as determined by the Endangered Species Act of 1973 (16 U.S.C. 1531, et seq.).

62 Ill. Adm. Code 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 exploration or surface coal mining and reclamation operations is responsible for complying with performance standards and design requirements which are at least as stringent as the standards in 62 Ill. Adm. Code 1810 through 1828 and the regulatory program.

62 Ill. Adm. Code 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 activities conducted under regulatory programs. 62 Ill. Adm. Code 1818 through 1828 apply to certain special categories of surface coal mining and reclamation operations. 62 Ill. Adm. Code 1816 and 1817 apply to each of those special categories of operations, except to the extent that a provision of 62 Ill. Adm. Code 1818 through 1828 specifically exempts a particular category from a particular requirement of 62 Ill. Adm. Code 1816 or 1817.

Chapter I Department of Natural Resources

Part 1815 Permanent Program Performance Standards Coal Exploration

62 Ill. Adm. Code 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 necessary to control environmental damage and danger to the public health and safety the Illinois Department of Natural Resources (Department) shall require compliance with 62 Ill. Adm. Code 1816 through 1828.

History

• Source: Amended at 11 Ill. Reg. 8122, effective July 1, 1987

62 Ill. Adm. Code 1815.2 Objectives (repealed)

History

• Source: Repealed at 11 Ill. Reg. 8122, effective July 1, 1987

62 Ill. Adm. Code 1815.11 General Responsibility of Persons Conducting Coal Exploration (repealed)

History

• Source: Repealed at 11 Ill. Reg. 8122, effective July, 1987

62 Ill. Adm. Code 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 review by the authorized representative of the Department upon request.

History

• Source: Amended at 11 Ill. Reg. 8122, effective July 1, 1987

62 Ill. Adm. Code 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 (16 U.S.C. 1531 et seq.) shall not be disturbed during coal exploration.

b) All roads or other transportation facilities used for coal exploration shall comply with the applicable provisions of 62 Ill. Adm. Code 1816.150, 1816.180 and 1816.181.

c) If excavations, artificial flat areas, or embankments are created during exploration, these areas shall be returned to the approximate original contour promptly after such features are no longer needed for coal exploration.

d) Topsoil shall be separately removed, stored, and redistributed on areas disturbed by coal exploration activities as necessary to assure successful revegetation unless the operator can demonstrate that the topsoil will not be affected by excessive erosion, compaction and contamination.

e) All areas disturbed by the coal exploration activities shall be revegetated in a manner that encourages prompt revegetation and recovery of a diverse, effective, and permanent vegetative cover. Revegetation shall be accomplished in accordance with the following:

1. All areas disturbed by coal exploration activities shall be seeded or planted to the same seasonal variety native to the areas disturbed. If the land use of the exploration area is intensive agriculture, planting of the crops normally grown will meet the requirements of this subsection; and

2. The vegetative cover shall be capable of stabilizing the soil surface in regards to erosion.

f) Diversions of overland flows and ephemeral, perennial, or intermittent streams shall be made in accordance with 62 Ill. Adm. Code 1816.43.

g) Each exploration hole, borehole, well, or other exposed underground opening created during exploration shall be reclaimed in accordance with 62 Ill. Adm. Code 1816.13, through 1816.15.

h) All facilities and equipment shall be removed from the exploration area promptly when they are no longer needed for exploration, except for those facilities and equipment that the Department determines may remain to:

1. Provide additional environmental quality data;

2. Reduce or control the on and off-site effects of the exploration activities; or

3. Facilitate future surface mining and reclamation operations by the person conducting the exploration, under an approved permit.

i) Coal exploration shall be conducted in a manner which minimizes disturbance of the prevailing hydrologic balance in accordance with 62 Ill. Adm. Code 1816.41 through 1816.49. The Department shall specify additional control measures if a determination is made that the operation as proposed will adversely affect the hydrological balance.

j) Toxic or acid-forming materials shall be handled and disposed of in accordance with 62 Ill. Adm. Code 1816.41(b), 1816.41(f) and 1816.102(e). The Department shall specify additional measures if a determination is made that the operation as proposed will have an adverse effect on the environment.

History

• Source: Amended at 11 Ill. Reg. 8122, effective July 1, 1987

62 Ill. Adm. Code 1815.17 Requirement for a Permit (repealed)

History

• Source: Repealed at 11 Ill. Reg. 8122, effective July 1, 1987

Part 1816 Permanent Program Performance Standards – Surface Mining Activities

62 Ill. Adm. Code 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 made of durable material; and

4. Conform to local ordinances and codes.

b) Duration of maintenance. Signs and markers shall be maintained during the conduct of all activities to which they pertain.

c) Mine and permit identification signs.

1. Identification signs shall be displayed at each point of access to the permit area from public roads.

2. Signs shall show the name, business address, and telephone number of the person who conducts the surface mining activities and the identification number of the current permit authorizing surface mining activities.

3. Signs shall be retained and maintained until after the release of all bonds for the permit area.

d) Perimeter markers. The perimeter of a permit area shall be clearly marked before the beginning of surface mining activities.

e) Buffer zone markers. Buffer zones shall be marked along their boundaries as required under Section 1816.57.

f) Topsoil markers. Where topsoil or other vegetation supporting material is segregated and stockpiled as required under Section 1816.22, the stockpiled material shall be clearly marked.

g) Where required by State law, the operator shall replace section, township and other legal markers which serve to delineate political or geographic boundaries.

History

• Source: Amended at 11 Ill. Reg. 8131, effective July 1, 1987

62 Ill. Adm. Code 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 of Mines and Minerals (Department), to prevent acid or other toxic drainage from entering ground or surface waters, to minimize disturbance to the prevailing hydrologic balance, and to ensure the safety of people, livestock, fish and wildlife, and machinery in the permit and adjacent area. If these openings are uncovered or exposed by surface mining activities within the permit area they shall be permanently closed, unless approved for water monitoring, or otherwise managed in a manner approved by the Department. Use of a drilled hole or borehole or monitoring well as a water well must meet the provisions of Section 1816.41. This Section does not apply to holes solely drilled and used for blasting.

History

• Source: Amended at 20 Ill. Reg. 2027, effective January 19, 1996

62 Ill. Adm. Code 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 underground working, or to be used to monitor ground water conditions, shall be temporarily sealed before use and protected during use by barricades, or fences, or other protective devices approved by the Department. These devices shall be periodically inspected and maintained in good operating condition by the person who conducts the surface mining activities.

62 Ill. Adm. Code 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 1816.41, each exploration hole, other drilled hole or borehole, well, and other exposed underground opening shall be capped, sealed, backfilled, or otherwise properly managed, as required by the Department, under Section 1816.13 and consistent with 30 CFR 75.1711. Permanent closure measures shall be designed to prevent access to the mine workings by people, livestock, fish and wildlife, and machinery, and to keep acid or other toxic drainage from entering ground or surface waters.

62 Ill. Adm. Code 1816.21 Topsoil: General Requirements (repealed)

History

• Source: Repealed at 11 Ill. Reg. 8131, effective July 1, 1987

62 Ill. Adm. Code 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 accordance with subsection (b) shall be removed as a separate layer from the area to be disturbed, and segregated.

2. If topsoil is less than 6 inches thick and no substitutes or supplements are approved in accordance with subsection (b), the operator shall remove a 6 inch layer that includes the A horizon and the unconsolidated materials immediately below or the A horizon and all unconsolidated materials if the total available is less than 6 inches and treat the mixture as topsoil.

3. The Department shall not require the removal of topsoil for minor disturbances which:

A) Occur at the site of small structures, such as power poles, signs, fence lines or markers; or

B) Will not destroy the existing vegetation, will not cause erosion and will not degrade the quality or limit the future use of the soil.

4. All material to be removed under this Section shall be removed after the vegetative cover that would interfere with its salvage is cleared from the area to be disturbed, but before any drilling, blasting, mining or other surface disturbance takes place.

b) Substitutes and supplements.

Selected overburden materials may be substituted for, or used as a supplement to topsoil if the operator demonstrates to the Department that the resulting soil medium is equal to, or more suitable for sustaining vegetation than, the existing topsoil, and the resulting soil medium is the best available in the permit area to support revegetation. The demonstration shall be based upon the information requirements of 62 Ill. Adm. Code 1780.18(b)(4).

c) Storage.

1. Materials removed under subsection (a) if not redistributed immediately shall be segregated and stockpiled.

2. Stockpiled materials shall:

A) Be selectively placed on a stable site within the permit area;

B) Be protected from contaminants and unnecessary compaction that would interfere with revegetation;

C) Be protected from wind and water erosion through prompt establishment and maintenance of an effective, quick growing vegetative cover or through other measures equally effective in controlling erosion approved by the Department; and

D) Not be moved until required for redistribution unless approved by the Department.

3. Where long-term surface disturbances will result from facilities such as support facilities and preparation plants and where stockpiling of materials removed under subsection (a)(1) would be detrimental to the quality or quantity of those materials, the Department may approve the temporary distribution of the soil materials so removed to an approved site within the permit area to enhance the current use of that site until needed for later reclamation provided that:

A) Such action will not permanently diminish the capability of the topsoil of the host site; and

B) The material will be retained in a condition more suitable for redistribution than if stockpiled.

d) Redistribution.

1. Topsoil materials and topsoil substitutes and supplements removed under subsections (a) and (b) shall be redistributed in a manner that:

A) Achieves an approximate uniform, stable thickness when consistent with the approved post-mining land use, contours and surface-water drainage systems. Soil thickness may also be varied to the extent such variations help meet the specific revegetation goals identified in the permit;

B) Prevents excess compaction of the materials; and

C) Protects the materials from wind and water erosion and contamination before and after seeding and planting.

2. Before redistribution of the material removed under subsection (a) the regraded land shall be treated if necessary to reduce potential slippage of the redistributed material and to promote root penetration. If no harm will be caused to the redistributed material and reestablished vegetation, such treatment may be conducted after such material is replaced.

3. The Department shall not require the redistribution of topsoil or topsoil substitutes on the approved post-mining embankments of permanent impoundments or of roads if it determines that:

A) Placement of topsoil or topsoil substitutes on such embankments is inconsistent with the requirement to use the best technology currently available to prevent sedimentation; and

B) Such embankments will be otherwise stabilized.

4. Nutrients and soil amendments shall be applied to the initially redistributed material when necessary to establish the required vegetative cover.

e) Subsoil segregation. The Department may require that the B horizon, C horizon, or other underlying strata, or portions thereof, be removed and segregated, stockpiled, and redistributed as subsoil in accordance with the requirements of subsections (c) and (d) if it finds that such subsoil layers are necessary to comply with the revegetation requirements of Sections 1816.111, 1816.113, 1816.114, 1816.116 and 1816.117.

History

• Source: Amended at 47 Ill. Reg. 2348, effective February 3, 2023

62 Ill. Adm. Code 1816.23 Topsoil: Storage (repealed)

History

• Source: Repealed at 11 Ill. Reg. 8131, effective July 1, 1987

62 Ill. Adm. Code 1816.24 Topsoil: Redistribution (repealed)

History

• Source: Repealed at 11 Ill. Reg. 8131, effective July 1, 1987

62 Ill. Adm. Code 1816.25 Topsoil: Nutrients and Soil Amendments (repealed)

History

• Source: Repealed at 11 Ill. Reg. 8131, effective July 1, 1987

62 Ill. Adm. Code 1816.41 Hydrologic Balance Protection

a) General. All surface mining and reclamation activities shall be conducted to minimize disturbance of the hydrologic balance within the permit and adjacent areas, to prevent material damage to the hydrologic balance outside the permit area, such as diminution of recharge capacity, to prevent violations of State and Federal water quality standards and effluent limitations, to assure the protection or replacement of water rights, and to support approved post-mining land uses in accordance with the terms and conditions of the approved permit and the performance standards of this Part. The Department shall require additional preventative, remedial, or monitoring measures to assure that material damage to the hydrologic balance outside the permit area is prevented if the current approved plan is not sufficient to achieve this protection. Mining and reclamation practices that minimize water pollution and changes in flow shall be used in preference to water treatment.

b) Ground water protection. In order to protect the hydrologic balance, surface mining activities shall be conducted according to the plan approved under 62 Ill. Adm. Code 1780.21(h) and the following:

1. Ground water quality shall be protected by handling earth materials and runoff in a manner that minimizes acidic, toxic, or other harmful infiltration to ground water systems and by managing excavations and other disturbances to prevent or control the discharge of pollutants into the ground water.

2. Ground water quantity shall be protected by handling earth materials and runoff in a manner that will restore the approximate premining recharge capacity of the reclaimed area as a whole, excluding coal mine waste disposal areas and fills, so as to allow the movement of water to the ground water system.

c) Ground water monitoring.

1. Ground water monitoring shall be conducted according to the ground water monitoring plan approved under 62 Ill. Adm. Code 1780.21(i). If unanticipated conditions develop, or if an approved operation or reclamation plan is modified or revised such that the current monitoring program would not detect possible adverse impacts to the hydrologic balance as a result of this change, then the Department shall require additional monitoring including, but not limited, to increased monitoring frequency, additional monitoring wells or changes in the number of parameters being monitored, when it is determined that the proposed, or approved, monitoring plan is not adequate to detect adverse impacts to the hydrologic balance.

2. Ground water monitoring data shall be submitted every 3 months to the Department or more frequently as prescribed by the Department. Ground water monitoring reports shall be submitted by the first day of the second month following the reporting period, unless the Department specifies an alternative reporting schedule. Monitoring reports shall include analytical results from each sample taken during the reporting period. When the analysis of any ground water sample indicates noncompliance with the permit conditions, then the operator shall promptly notify the Department and immediately take the actions provided for in 62 Ill. Adm. Code 1773.17(e) and 1780.21(h).

3. Ground water monitoring shall proceed through mining and continue during reclamation until bond release. Consistent with the procedures of 62 Ill. Adm. Code 1774.13, the Department may modify the monitoring requirements when such changes to the approved plan do not diminish the ability to detect adverse impacts to the hydrologic balance, including the parameters covered and the sampling frequencies, if the operator demonstrates, using the monitoring data obtained under this subsection that:

A) The operation has minimized disturbance to the hydrologic balance in the permit and adjacent areas and prevented material damage to the hydrologic balance outside the permit area; water quality and quantity are suitable to support approved post-mining land uses; and the water rights of other users have been protected or replaced; or

B) Monitoring is no longer necessary to achieve the purposes set forth in the monitoring plan approved under 62 Ill. Adm. Code 1780.21.

4. Equipment, structures, and other devices used in conjunction with monitoring the quality and quantity of ground water onsite and offsite shall be properly installed, maintained, and operated and shall be removed by the operator when no longer needed, except as provided for under subsection (g).

d) Surface water protection. In order to protect the hydrologic balance, surface mining activities shall be conducted according to the plan approved under 62 Ill. Adm. Code 1780.21(h) and the following:

1. Surface water quality shall be protected by handling earth materials, ground water discharges, and runoff in a manner that minimizes the formation of acidic or toxic drainage; prevents, to the extent possible using the best technology currently available, additional contributions of suspended solids to streamflow outside the permit area; and otherwise prevents water pollution. If drainage control, restabilization and revegetation of disturbed areas, diversion of runoff, mulching, or other reclamation and remedial practices are not adequate to meet the requirements of this Section and Section 1816.42, the operator shall use and maintain the necessary water treatment facilities or water quality controls.

2. Surface water quantity and flow rates shall be protected by handling earth materials and runoff in accordance with the steps outlined in the plan approved under 62 Ill. Adm. Code 1780.21(h).

e) Surface water monitoring.

1. Surface water monitoring shall be conducted according to the surface water monitoring plan approved under 62 Ill. Adm. Code 1780.21(j). If unanticipated conditions develop, or if an approved operation or reclamation plan is modified or revised such that the current monitoring program would not detect possible adverse impacts to the hydrologic balance as a result of this change, then the Department shall require additional monitoring including, but not limited to, changes in the number of parameters or frequency of sample collection, when it is determined that the approved plan is not designed to detect adverse impacts to the hydrologic balance.

2. Surface water monitoring data shall be submitted to the Department every 3 months, or more frequently as prescribed by the Department in those circumstances where a more frequent monitoring schedule is necessary to detect adverse impacts to the surface water system. This shall include, but not necessarily be limited to, copies of reports submitted for the National Pollutant Discharge Elimination System (NPDES) sent to the Illinois Environmental Protection Agency (EPA). Copies of NPDES reports shall be sent to the Department by the first day of the second month following the reporting period. Monitoring reports shall include analytical results from each sample taken during the reporting period. When the analytical results of any surface water sample indicates noncompliance with the permit conditions, the operator shall notify the Department within 5 days and immediately take the actions provided for in 62 Ill. Adm. Code 1773.17(e) and 1780.21(h). The reporting requirements of this paragraph do not exempt the operator from meeting any NPDES reporting requirements.

3. Surface water monitoring shall proceed through mining and continue until bond release. Consistent with 62 Ill. Adm. Code 1774.13, the Department may modify the monitoring requirements, except those required by the Illinois EPA, when such changes to the approved plan do not diminish the ability to detect adverse impacts to the hydrologic balance, including the parameters covered and sampling frequency if the operator demonstrates using the monitoring data that:

A) The operation has minimized disturbance to the hydrologic balance in the permit and adjacent areas and prevented material damage to the hydrologic balance outside the permit area; water quantity and quality are suitable to support approved post-mining land uses; and the water rights of other users have been protected or replaced; or

B) Monitoring is no longer necessary to achieve the purposes set forth in the monitoring plan approved under 62 Ill. Adm. Code 1780.21(j).

4. Equipment, structures, and other devices used in conjunction with monitoring the quality and quantity of surface water onsite and offsite shall be properly installed, maintained, and operated and shall be removed by the operator when no longer needed, except as provided for in Section 1816.49(b).

f) Acid- and toxic-forming materials.

1. Drainage from acid- and toxic-forming materials into surface water and ground water shall be avoided by:

A) Identifying and burying and/or treating, when necessary, materials which may adversely affect water quality, or be detrimental to vegetation or to public health and safety if not buried and/or treated, and

B) Storing materials in a manner that will protect surface water and ground water by preventing erosion, the formation of polluted runoff, and the infiltration of polluted water. Storage shall be limited to the period until burial and/or treatment first become feasible, and so long as storage will not result in any risk of water pollution or other environmental damage.

2. Storage, burial or treatment practices shall be consistent with other material handling and disposal provisions of Section 1816.102.

g) Before final release of bond, exploratory or monitoring wells shall be sealed in a safe and environmentally sound manner in accordance with Sections 1816.13 through 1816.15. With prior approval of the Department, wells may be transferred to another party for further use. At a minimum, the conditions of such transfer shall comply with State and local law and the permittee shall remain responsible for the proper management of the well until bond release in accordance with Sections 1816.13 through 1816.15.

h) Any person who conducts surface mining activities shall replace the water supply of an owner of interest in real property who obtains all or part of his or her supply of water for domestic, agricultural, industrial, or other legitimate use from an underground or surface source, where the water supply has been adversely impacted by contamination, diminution, or interruption proximately resulting from the surface mining activities. Information used to determine the extent of the impact of mining upon ground water and surface water shall include, but not be limited to, baseline hydrologic information required in 62 Ill. Adm. Code 1780.21 and 1780.22.

i) Discharges into an underground mine.

1. Discharges into an underground mine are prohibited, unless specifically approved by the Department after a demonstration that the discharge will:

A) Minimize disturbance to the hydrologic balance on the permit area, prevent material damage outside the permit area and otherwise eliminate public hazards resulting from surface mining activities;

B) Not result in a violation of water quality standards or effluent limitations set forth in Section 1816.42;

C) Be at a known rate and quality which shall meet the effluent limitations of Section 1816.42 for pH and total suspended solids, except that the Department may allow pH and total suspended solids to exceed effluent limits so long they will not result in any adverse impacts to the hydrologic balance, and

D) Meet with the approval of the Mine Safety and Health Administration.

2. Discharges shall be limited to the following:

A) Water;

B) Coal processing waste;

C) Fly ash from a coal-fired facility;

D) Sludge from an acid-mine drainage treatment facility;

E) Flue-gas desulfurization sludge;

F) Inert materials used for stabilizing underground mines; and

G) Underground mine development wastes.

History

• Source: Amended at 26 Ill. Reg. 4232, effective March 6, 2002

62 Ill. Adm. Code 1816.42 Hydrologic Balance: Water Quality Standards and Effluent Limitations

Discharges of water from areas disturbed by surface mining activities shall be made in compliance with the Federal Water Pollution Control Act of 1972, as amended (30 U.S.C. 1251 et seq.), the Environmental Protection Act (Ill. Rev. Stat. 1991, ch. 111½, pars. 1001 et seq.) [415 ILCS 5/1] and with effluent limitations for coal mining promulgated by the U.S. Environmental Protection Agency set forth in 40 CFR 434 (1992). 40 CFR 434 (1992) does not include any later amendments or editions.

History

• Source: Amended at 17 Ill. Reg. 11001, effective July 1, 1993

62 Ill. Adm. Code 1816.43 Diversions

a) General Requirements.

1. With the approval of the Department, any flow from mined areas abandoned before May 3, 1978, and any flow from undisturbed areas or reclaimed areas, after meeting the criteria of Section 1816.46 for siltation structure removal, may be diverted from disturbed areas by means of temporary or permanent diversions. All diversions shall be designed to minimize adverse impacts to the hydrologic balance within the permit and adjacent areas, to prevent material damage outside the permit area and to assure the safety of the public. Diversions shall not be used to divert water into underground mines without approval of the Department under Section 1816.41(i).

2. The diversion and its appurtenant structures shall be designed, located, constructed, maintained and used to:

A) Be stable;

B) Provide protection against flooding and resultant damage to life and property;

C) Prevent, to the extent possible using the best technology currently available, additional contributions of suspended solids to stream flow outside the permit area. Appropriate sediment control measures for diversions may include, but not be limited to, maintenance of appropriate gradients, channel lining, revegetation, roughness structures, and detention basins; and

D) Comply with the Rivers, Lakes, and Streams Act (Ill. Rev. Stat. 1991, ch. 19, pars. 52-79) [615 ILCS 5], Section 404 of the Federal Water Pollution Control Act of 1972, as amended (30 U.S.C. 1344), and all local ordinances.

3. Temporary diversions shall be removed promptly when no longer needed to achieve the purpose for which they were authorized. The land disturbed by the removal process shall be restored in accordance with this Part. Before diversions are removed, downstream water-treatment facilities previously protected by the diversion shall be modified or removed, as necessary, to prevent overtopping or failure of the facilities. This requirement shall not relieve the permittee from maintaining water treatment facilities as otherwise required. When permanent diversions are constructed or stream channels restored prior to the removal of temporary diversions the permittee shall:

A) Establish, restore, enhance where practicable, or maintain natural riparian vegetation on the banks of the stream, including any area that is subject to annual inundation;

B) Establish, or restore the stream to its natural meandering shape and to an environmentally acceptable gradient, as determined by the Department; and

C) Establish or restore the stream to a longitudinal profile and cross-section, including aquatic habitats (usually a pattern of riffles, pools, and drops rather than uniform depth) that approxmate premining stream channel characteristics.

4. Diversion design shall incorporate the following:

A) Channel lining shall be designed using standard engineering practices to pass safely the design velocities. Riprap shall consist of non-degradable, non-acid or toxic-forming rock such as sandstone, limestone, or other durable rock that will not slake in water and will be free of coal, clay or shale;

B) Freeboard shall be no less than 0.3 feet, except as provided for in subsection (a)(5). Protection shall be provided for transition of flows and for critical areas such as swales and curves. Where the area protected is a critical area, as determined by the Department, the design freeboard may be increased;

C) Energy dissipators shall be installed, when necessary, at discharge points where diversions intersect with natural streams and exit velocity of the diversion ditch flow is greater than that of the receiving stream;

D) Excess excavated material not necessary for diversion channel geometry or regrading of the channel shall be disposed of in accordance with Sections 1816.71 through 1816.74; and

E) Topsoil shall be handled in compliance with Section 1816.22.

5. If the terrain is such that out-of-bank flows can accommodate the design precipitation event without endangering health or the environment as a result of flooding, such as physical harm or slope failure, the need for diversion ditches may be modified by taking into account channels, banks, and flood plains.

b) Diversions of perennial and intermittent streams.

1. Diversions of perennial and intermittent streams within the permit area are subject to Department approval pursuant to Section 1816.57(a).

2. The design capacity of channels for temporary and permanent stream channel diversions shall be at least equal to the capacity of the unmodified stream channel immediately upstream and downstream from the diversion.

3. The requirements of subsection (a)(2)(B) shall be met when the temporary and permanent diversions for perennial and intermittent streams are designed so that the combination of channel, bank, and floodplain configuration is adequate to pass safely the peak runoff of a ten (10) year, six (6) hour precipitation event for a temporary diversion and a one hundred (100) year, six (6) hour precipitation event for a permanent diversion.

4. The longitudinal profile of the stream, the channel, and the floodplain shall be designed and constructed to remain stable. Erosion control structures such as channel lining structures, retention basins, and artificial channel roughness structures shall be used in diversions only when approved by the Department as being necessary to control erosion.

5. The design and construction of all stream channel diversions of perennial and intermittent streams shall be sealed by a qualified registered professional engineer as meeting the performance standards of this Part.

c) Diversion of miscellaneous flows.

1. Miscellaneous flows, which consist of all flows except for perennial and intermittent streams, may be diverted away from disturbed areas if required or approved by the Department to lessen environmental impact. Miscellaneous flows shall include ground water discharges and ephemeral streams.

2. The design, location, construction, maintenance, and removal of diversions of miscellaneous flows shall meet all of the performance standards set forth in subsection (a).

3. The requirements of subsection (a)(2)(B) shall be met when the temporary and permanent diversions for miscellaneous flows are designed so that the combination of channel, bank, and flood-plain configuration is adequate to pass safely the peak runoff of a two (2) year, six (6) hour precipitation event for a temporary diversion and a ten (10) year, six (6) hour precipitation event for a permanent diversion.

History

• Source: Amended at 17 Ill. Reg. 11001, effective July 1, 1993

62 Ill. Adm. Code 1816.44 Hydrologic Balance: Stream Channel Diversions (repealed)

History

• Source: Repealed at 11 Ill. Reg. 8131, effective July 1, 1987

62 Ill. Adm. Code 1816.45 Hydrologic Balance: Sediment Control Measures

a) Appropriate sediment control measures shall be designed, constructed, and maintained using the best technology currently available to:

1. Prevent, to the extent possible, additional contributions of sediment to streamflow or to runoff outside the permit area;

2. Meet the more stringent of applicable State or Federal effluent limitations; and

3. Minimize erosion to the extent possible.

b) Sediment control measures include practices carried out within and adjacent to the disturbed area. The sedimentation storage capacity of practices in and downstream from the disturbed area shall reflect the degree to which successful mining and reclamation techniques are applied to reduce erosion and control sediment. Sediment control measures consist of the utilization of proper mining and reclamation methods and sediment control practices, singly or in combination. Sediment control methods include but are not limited to:

1. Disturbing the smallest practicable area at any one time during the mining operation through progressive backfilling, grading, and prompt revegetation as required in Section 1816.111(b);

2. Stabilizing the backfill material to promote a reduction in the rate and volume of runoff, in accordance with the requirements of Section 1816.101;

3. Retaining sediment within disturbed areas;

4. Diverting runoff away from disturbed areas;

5. Diverting runoff using protected channels or pipes through disturbed areas so as not to cause additional erosion;

6. Using straw dikes, riprap, check dams, mulches, vegetative sediment filters, dugout ponds, and other measures that reduce overland flow velocity, reduce runoff volume, or trap sediment; and

7. Treating with chemicals.

62 Ill. Adm. Code 1816.46 Hydrologic Balance: Siltation Structures

a) Definitions. For the purpose of this Section only:

1. Siltation structure means a sedimentation pond, a series of sedimentation ponds, or other treatment facility.

2. Disturbed area shall not include those areas:

A) In which the only surface mining activities include diversion ditches, siltation structures, or roads that are designed, constructed, and maintained in accordance with this Part; and

B) For which the upstream area is not otherwise disturbed by the permittee.

3. Other treatment facilities means any chemical treatments, such as flocculation, or mechanical structures, such as clarifiers, that have a point-source discharge and that are utilized to prevent additional contributions of suspended solids to stream flow or runoff outside the permit area, or to comply with all applicable State and federal water quality laws and regulations.

b) General Requirements

1. Additional contributions of suspended solids sediment to stream flow or runoff outside the permit area shall be prevented to the extent possible using the best technology currently available.

2. All surface drainage from the disturbed area shall be passed through a siltation structure before leaving the permit area, except as provided in subsection (b)(5) or (e).

3. Siltation structures for an area shall be constructed before beginning any surface mining activities in that area and, upon construction, shall be sealed by a qualified registered professional engineer to be constructed as designed and as approved in the reclamation plan.

4. Any siltation structure which impounds water shall be designed, constructed, and maintained in accordance with Section 1816.49.

5. Siltation structures shall be maintained until removal is authorized by the Department and the disturbed area has been stabilized and revegetated. In no case shall the structure be removed sooner than two years after the last augmented seeding.

6. When a siltation structure is removed, the land on which the siltation structure was located shall be regraded and revegetated in accordance with the reclamation plan and Sections 1816.111 through 1816.117. Sedimentation ponds approved by the Department for retention as permanent impoundments shall be exempted from this requirement.

7. The Department encourages the retention of sedimentation ponds which will receive drainage from agricultural areas in the post-mining land use plan.

c) Sedimentation ponds

1. When used, sedimentation ponds shall:

A) Be used individually or in series;

B) Be located as near as possible to the disturbed area and out of perennial streams unless approved by the Department in accordance with Section 1816.57; and

C) Be designed, constructed, and maintained to:

i) Provide adequate sediment storage volume;

ii) Provide adequate detention time to allow the effluent from the ponds to meet effluent limitations specified in Section 1816.42;

iii) Contain or treat the ten year, 24 hour precipitation event ("design event") unless a lesser design event is approved by the Department based on terrain, climate, other site specific conditions, and on a demonstration by the permittee that the effluent limitations of Section 1816.42 will be met;

iv) Provide a nonclogging dewatering device adequate to maintain the detention time required under subsection (c)(1)(C)(ii);

v) Minimize, to the extent possible, short circuiting;

vi) Provide periodic sediment removal sufficient to maintain adequate volume for the design event;

vii) Ensure against excessive settlement;

viii) Be free of sod, large roots, frozen soil, and acid- or toxic-forming coal processing waste; and

ix) Be compacted properly.

2. Spillways. A sedimentation pond shall include either a combination of principal and emergency spillways or a single spillway configured as specified in Section 1816.49(a)(9) of this Part.

d) Other treatment facilities

1. Other treatment facilities shall be designed to treat the ten year, 24 hour precipitation event unless a lesser design event is approved by the Department based on terrain, climate, other site specific conditions, and a demonstration by the permittee that the effluent limitations of Section 1816.42 will be met.

2. Other treatment facilities shall be designed in accordance with the applicable requirements of subsection (c).

e) Exemptions. Exemptions to the requirements to pass all drainage from disturbed areas through a siltation structure may be granted if the disturbed drainage area within the total disturbed area is small; and

1. Alternate sediment control measures as described in Section 1816.45(b) are used in lieu of a siltation structure, and the permittee demonstrates that siltation structures are not necessary for drainage from the disturbed area to meet the effluent limitations and water quality standards for the receiving waters set forth in Section 1816.42; or

2. The permittee demonstrates that siltation structures and alternate sediment control measures are not necessary for drainage from the disturbed area to meet the effluent limitations and water quality standards for the receiving waters set forth in Section 1816.42.

History

• Source: Amended at 24 Ill. Reg. 5967, effective March 21, 2000

62 Ill. Adm. Code 1816.47 Hydrologic Balance: Discharge of Structures

Discharge from sedimentation ponds, permanent and temporary impoundments, coal processing waste dams and embankments, and diversions shall be controlled, by energy dissipators, riprap channels, and other devices where necessary to reduce erosion, to prevent deepening or enlargement of stream channels, and to minimize disturbance of the hydrologic balance. Discharge structures shall be designed according to standard engineering-design procedures.

62 Ill. Adm. Code 1816.48 Hydrologic Balance: Acid-Forming and Toxic-Forming Spoil (repealed)

History

• Source: Repealed 11 Ill. Reg. 8131, effective July 1, 1987

62 Ill. Adm. Code 1816.49 Impoundments

a) The requirements of this subsection apply to both temporary and permanent impoundments.

1. Impoundments meeting the Class B or C criteria for dams in the U.S. Department of Agriculture, Soil Conservation Service Technical Release No. 60 (210-VI-TR60, October 1985), "Earth Dams and Reservoirs," shall comply with "Minimum Emergency Spillway Hydrologic Criteria" table in TR-60 and the requirements of this Section.

2. Impoundments meeting the size and other qualifying criteria of 30 CFR 77.216(a) shall comply with the requirements of 30 CFR 77.216 (1998) and this Section. 30 CFR 77.216 does not include any later editions or amendments. The plan required to be submitted to the District Manager of the Mine Safety and Health Administration (MSHA) under 30 CFR 77.216 shall also be submitted to the Department as part of the permit application insofar as the MSHA informational design standard requirements are duplicative of the requirements of 62 Ill. Adm. Code 1780. In addition, the permittee shall submit to the Department any certification issued by MSHA with respect to the design plan.

3. The design of impoundments shall be sealed in accordance with 62 Ill. Adm. Code 1780.25(a) as designed to meet the requirements of this Part using current, prudent engineering practices. The qualified registered professional engineer shall be experienced in the design and construction of impoundments.

4. Stability

A) An impoundment meeting the Class B or C criteria for dams in TR-60, or the size or other criteria of 30 CFR 77.216(a), shall have a minimum static safety factor of 1.5 for a normal pool with steady state seepage saturation conditions, and a seismic safety factor of at least 1.2.

B) Impoundments not included in subsection (a)(4)(A), except for a coal mine waste impounding structure, and located where failure would not be expected to cause loss of life or serious property damage shall have a minimum static safety factor of 1.3 for a normal pool with steady state seepage saturation conditions, or meet the design, construction and maintenance requirements of U.S. Natural Resources Conservation Service Practice Standard IL 378, "Ponds," June 1992. Practice Standard 378 is hereby incorporated by reference and does not include later editions or amendments.

5. Impoundments shall have adequate freeboard to resist overtopping by waves and by sudden increases in storage volume. Impoundments meeting the SCS Class B or C criteria for dams in TR-60 shall comply with the freeboard hydrology criteria in the "Minimum Emergency Spillway Hydrologic Criteria" table in TR-60.

6. Foundations

A) Foundations and abutments for an impounding structure shall be stable during all phases of construction and operation and shall be designed based on adequate and accurate information on the foundation conditions. For an impoundment meeting the Class B or C criteria for dams in TR-60, or the size or other criteria of 30 CFR 77.216(a), foundation investigation, as well as any necessary laboratory testing of foundation material, shall be performed to determine the design requirements for foundation stability.

B) All vegetative and organic materials shall be removed and foundations excavated and prepared to resist failure. Cutoff trenches shall be installed if necessary to ensure stability.

7. Slope protection shall be provided to protect against surface erosion at the site and protect against sudden drawdown.

8. Faces of embankments and surrounding areas shall be vegetated, except that faces where water is impounded may be riprapped or otherwise stabilized in accordance with accepted design practices.

9. Impoundments shall include a combination of principal and emergency spillways which shall be designed and constructed to safely pass the design precipitation event specified in subsection (b) or (c).

10. Inspections. A qualified registered professional engineer or other qualified professional specialist, under the direction of the professional engineer, shall inspect the impoundment. The professional engineer or specialist shall be experienced in the construction of impoundments, as evidenced by the placement of a registered professional engineer's seal on the inspection report.

A) Impoundments meeting the SCS Class B or C criteria for dams in TR-60, or the size or other criteria of 30 CFR 77.216(a), shall be inspected, examined and certified in accordance with 30 CFR 77.216. Annual status reports required under 30 CFR 77.216-4 shall be submitted to the Department within 30 days after the reporting period.

B) All other impoundments shall be inspected at least quarterly during construction, provided at least one inspection is conducted for impoundments completed in less than one quarter, and upon completion of construction. The qualified registered professional engineer shall submit to the Department within 30 days after each inspection, a sealed report that the impoundment has been constructed as designed and in accordance with the approved plan and these regulations.

C) A copy of the reports required in subsections (a)(10)(A) and (B), and the examination reports required in subsection (a)(11), shall be retained at or near the mine site. The Department may approve reports being retained at a different location if there is no permanent mine office.

11. Impoundments which do not meet the SCS Class B or C criteria for dams in TR-60, or subject to 30 CFR 77.216, shall be examined at least quarterly by a qualified person designated by the permittee for appearances of instability, structural weakness or other hazardous conditions. At least one of the quarterly examinations conducted during the calendar year shall be sealed by a qualified registered professional engineer and shall include a discussion of any appearances of instability, structural weakness or other hazardous conditions, and any other aspects of the structure affecting stability, and a statement indicating the pond has been maintained in accordance with the approved plan and these regulations. This examination shall be conducted during the period of October 1 through December 31 of each calendar year. The sealed examination report shall be submitted to the Department within 30 days after the examination. Impoundment examinations shall be conducted until the impoundment has been removed or until final bond release in accordance with 62 Ill. Adm. Code 1800.40. If the permittee can demonstrate that failure of the structure would not create a potential threat to public health and safety or threaten significant environmental harm, the following impoundments shall be exempt from all examination requirements of this subsection, following approval by the Department:

A) Impoundments that are completely incised;

B) Water impounding structures that impound water to a design elevation no more than five feet above the upstream toe of the structure and that can have a storage volume of not more than 20 acre-feet; provided the exemption request is accompanied by a report sealed by a registered professional engineer licensed in the State of Illinois, accurately describing the hazard potential of the structure. Hazard potential must be such that failure of the structure would not create a potential threat to public health and safety or threaten significant environmental harm. The report shall be field verified by the Department prior to approval and periodically thereafter. The Department may terminate the exemption if so warranted by changes in the area downstream of the structure or in the structure itself; and

C) Impoundments that do not facilitate mining or reclamation including, but not limited to, sewage lagoons, landscaping ponds, pools or wetlands in replaced stream channels, existing impoundments not yet used to facilitate mining, ephemeral waterbodies, active mining pits and differential settlement pools.

12. If any examination or inspection discloses that a potential hazard exists, the person who examined the impoundment shall promptly inform the Department of the finding and of the emergency procedures formulated for public protection and remedial action. If adequate procedures cannot be formulated or implemented, the Department shall be notified immediately. The Department shall then notify the appropriate agencies that other emergency procedures are required to protect the public.

b) Permanent impoundments. A permanent impoundment of water may be created, if authorized by the Department in the approved permit, based upon the following demonstration:

1. The size and configuration of the impoundment is adequate for its intended purposes.

2. The quality of impounded water will be suitable on a permanent basis for its intended use and, after reclamation, will meet water quality standards set forth in Section 1816.42, and discharges from the impoundment will meet applicable effluent limitations and will not degrade the quality of receiving water below water quality standards set forth in Section 1816.42.

3. The water level will be sufficiently stable and be capable of supporting the intended use.

4. Final grading will provide for adequate safety and access for proposed water users.

5. The impoundment will not result in the diminution of the quality and quantity of water utilized by adjacent or surrounding landowners for agricultural, industrial, recreational, or domestic uses.

6. The impoundment will be suitable for the approved post-mining land use.

7. The impoundment perimeter slopes shall be consistent with the intended use of the impoundment, not be steeper than the angle of repose and comply with subsection (a)(4). Where surface runoff enters the impoundment area, the side slope shall be protected against erosion.

A) Runoff from above the slope shall be diverted to erosion free outlets.

B) Grading of slopes shall be scheduled to be completed at the onset of the most favorable seeding period.

8. Embankment ponds, those having embankment heights of three feet or greater above natural ground elevation, shall have outslopes of 1v:2h or less and interior slopes to the normal pool elevation of 1v:2h or less.

9. Permanent impoundments

A) Permanent impoundments not meeting the Class B or C criteria for dams in TR-60, or the size or other qualifying criteria of 30 CFR 77.216(a), shall be provided with a spillway that will safely discharge a 25 year, six hour precipitation event, or such larger event as may be specified by the Department based on factors such as terrain, topography and soil type.

B) Permanent impoundments meeting the size or other criteria of 30 CFR 77.216(a) shall be provided with a spillway that will safely discharge a 100 year, six hour precipitation event, or such larger event as may be specified by the Department based on factors such as terrain, topography and soil type.

C) Permanent impoundments meeting the Class B or C criteria for dams in TR-60 shall be provided with a spillway that meets the criteria in the "Minimum Emergency Spillway Hydrologic Criteria" table in TR-60, or such larger event as may be specified by the Department based on factors such as terrain, topography and soil type.

10. In lieu of the combination principal and emergency spillway requirements of Section 1816.49(a)(9), an impoundment may have a single spillway configured as set forth in subsections (b)(10)(A) and (b)(10)(B) that is designed and constructed to safely pass the applicable design precipitation specified in subsection (b)(9). The Department shall approve a single open-channel spillway that is:

A) Of nonerodible construction and designed to carry sustained flows; or

B) Earth or grass-lined and designed to carry short-term, infrequent flows at non-erosive velocities where sustained flows are not expected.

c) Temporary impoundments

1. Temporary impoundments not meeting the Class B or C criteria for dams in TR-60, or the size or other qualifying criteria of 30 CFR 77.216(a), shall be provided with a spillway that will safely discharge a 25 year, six hour precipitation event or such larger event as may be required by the Department based on factors such as terrain, topography and soil type. Temporary impoundments meeting the size or other criteria of 30 CFR 77.216(a) shall be provided with a spillway that will safely discharge a 100 year, six hour precipitation event, or such larger event as may be specified by the Department based on factors such as terrain, topography and soil type. Temporary impoundments meeting the Class B or C criteria for dams in TR-60 shall be provided with a spillway that meets the criteria in the "Minimum Emergency Spillway Hydrologic Criteria" table in TR-60 or such larger event as may be specified by the Department based on factors such as terrain, topography and soil type.

2. In lieu of the combination principal and emergency spillway requirements of Section 1816.49(a)(9), an impoundment may have either:

A) A single spillway configured as set forth in subsection (c)(2)(A)(i) or (c)(2)(A)(ii) that is designed and constructed to safely pass the applicable design precipitation specified in subsection (c)(1). The Department shall approve a single open-channel spillway that is:

i) Of nonerodible construction and designed to carry sustained flows; or

ii) Earth or grass-lined and designed to carry short-term, infrequent flows at non-erosive velocities where sustained flows are not expected; or

B) Sufficient spillway capacity to safely pass, adequate storage capacity to safely contain, or a combination of storage capacity and spillway capacity to safely control the design precipitation event when it is demonstrated by the permittee and certified by a qualified registered professional engineer in accordance with 62 Ill. Adm. Code 1780.25(a) that the impoundment will safely control the design precipitation event, the water from which shall be safely removed in accordance with current prudent engineering practices. Impounding structures relying on this method to control runoff shall be located where failure would not be expected to cause loss of life or serious property damage, except where:

i) In the case of an impoundment meeting the SCS Class B or C criteria for dams in TR-60, or the size or other criteria of 30 CFR 77.216(a), it is designed to control the precipitation of the probable maximum precipitation of a 6-hour event, or greater event as specified by the Department.

ii) In the case of an impoundment not included in subsection (c)(2)(B)(i) , it is designed to control the precipitation of a 100-year 6-hour event, or greater event as specified by the Department.

History

• Source: Amended at 24 Ill. Reg. 5967, effective March 21, 2000

62 Ill. Adm. Code 1816.50 Hydrologic Balance: Ground Water Protection (repealed)

History

• Source: Repealed at 11 Ill. Reg. 8131, effective July 1, 1987

62 Ill. Adm. Code 1816.51 Hydrologic Balance: Protection of Ground Water Recharge Capacity (repealed)

History

• Source: Repealed at 11 Ill. Reg. 8131, effective July 1, 1987

62 Ill. Adm. Code 1816.52 Hydrologic Balance: Surface and Ground Water Monitoring (repealed)

History

• Source: Repealed at 11 Ill. Reg. 8131, effective July 1, 1987

62 Ill. Adm. Code 1816.53 Hydrologic Balance: Transfer of Wells (repealed)

History

• Source: Repealed at 11 Ill. Reg. 8131, effective July 1, 1987

62 Ill. Adm. Code 1816.54 Hydrologic Balance: Water Rights and Replacement (repealed)

History

• Source: Repealed at 11 Ill. Reg. 8131, effective July 1, 1987

62 Ill. Adm. Code 1816.55 Hydrologic Balance: Discharge of Water Into an Underground Mine (repealed)

History

• Source: Repealed at 11 Ill. Reg. 8131, effective July 1, 1987

62 Ill. Adm. Code 1816.56 Post-Mining Rehabilitation of Sedimentation Ponds, Diversions, Impoundments, and Treatment Facilities

Before abandoning a permit area or seeking bond release, the operator shall ensure that all temporary structures are removed and reclaimed, and that all permanent sedimentation ponds, diversions, impoundments, and treatment facilities meet the requirements of these regulations for permanent structures, have been maintained properly, and meet the requirements of the approved reclamation plan for permanent structures and impoundments. The operator shall renovate such structures if necessary to meet the requirements of these regulations and to conform to the approved reclamation plan.

History

• Source: Amended at 11 Ill. Reg. 8131, effective July 1, 1987

62 Ill. Adm. Code 1816.57 Hydrologic Balance: Stream Buffer Zones

a) No land within one hundred (100) feet of the top of the bank of the normal channel of a perennial stream or an intermittent stream shall be disturbed by surface mining activities, except in accordance with Section 1816.43, unless the Department specifically authorizes surface mining activities close to or through such a stream upon finding:

1. That the original stream channel and its associated riparian vegetation will be restored; and surface mining activities will not cause or contribute to a violation of Section 1816.42 and will not adversely affect the water quantity and quality or other environmental resources of the stream;

2. If there will be a temporary or permanent stream channel diversion, it will comply with Section 1816.43.

b) The area not to be disturbed shall be designated a buffer zone and marked as specified in Section 1816.11.

History

• Source: Amended at 11 Ill. Reg. 8131, effective July 1, 1987

62 Ill. Adm. Code 1816.59 Coal Recovery

Surface mining activities shall be conducted so as to maximize the utilization and conservation of the coal, while utilizing the best appropriate technology currently available to maintain environmental integrity, so that reaffecting the land in the future through surface coal mining operations is minimized.

62 Ill. Adm. Code 1816.61 Use of Explosives: General Requirements

a) Each person who conducts surface mining activities shall comply with all applicable State and Federal laws in the use of explosives.

b) All blasting operations shall be conducted by persons certified by the Department in accordance with 62 Ill. Adm. Code 1850.

c) Blast design.

1. An anticipated blast design shall be submitted if blasting operations will be conducted within:

A) One thousand (1,000) feet of any building used as a dwelling, public building, school, church, or community or institutional building outside the permit area; or

B) Five hundred (500) feet of an active or abandoned underground mine.

2. The blast design may be presented as part of the permit application or at a time, before the blast, approved by the Department.

3. The blast design shall contain sketches of the drill patterns, delay periods, and decking and shall indicate the type and amount of explosives to be used, critical dimensions, and the location and general description of structures to be protected, as well as a discussion of design factors to be used, which protect the public and meet the applicable air blast, flyrock, and ground vibration standards in Section 1816.67.

4. The blast design shall be prepared and signed by a certified blaster.

History

• Source: Amended at 11 Ill. Reg. 8131, effective July 1, 1987

62 Ill. Adm. Code 1816.62 Use of Explosives: Pre-Blasting Survey

a) At least thirty (30) days before initiation of blasting in a permit area, the operator shall notify, in writing, all residents or owners of structures located within one-half (½) mile of the permit area how to request a pre-blast or condition survey.

b) Upon written request to the Department and the person who conducts the surface mining activities by a resident or owner of a dwelling or structure that is located within one-half (½) mile of any portion of the permitted area, or by the owner of a dwelling or structure at a distance greater than one-half (½) mile from the permit area but within one (1) mile of the blasting area and within an area determined by the Department to be appropriate in a particular situation on the basis of complaints or other information received by the Department, the person who conducts the surface mining activities shall promptly conduct a pre-blasting survey or a condition survey of the dwelling or structure. For any structure where, in accordance with this Section, a survey has been requested by a previous resident or previous owner and the survey has been conducted by the permittee and copies of the survey report have been provided to the previous owner or resident and the Department, the permittee shall only be required to provide a copy of the previously completed survey report to any new or subsequent owner upon written request by the new or subsequent owner. If a structure is renovated, modified, or added to, subsequent to a pre-blast survey or a condition survey, then upon request to the Department a survey of such additions, modifications and renovations shall be performed in accordance with this Section.

c) The survey shall determine the condition of the dwelling or structure and document any pre-blasting or existing damage and other physical factors that could reasonably be affected by the blasting. Structures such as pipelines, cisterns, wells and other water systems warrant special attention such as the review of construction, drilling or completion specifications; however, the assessment of these structures may be limited to surface conditions.

d) Any surveys requested more than ten (10) calendar days prior to the published scheduled beginning of blasting shall be completed by the operator before the start of blasting. If the request is made after the start of blasting the person who conducts the surface mining activity shall conduct a condition survey of the dwelling or structure. A condition survey shall contain information identical to a pre-blasting survey. The intent of this Section is to provide for either a pre-blasting or condition survey only.

e) A written report of the survey shall be prepared and signed by the person who conducted the survey. The report may include recommendations of any special conditions or proposed adjustments to the blasting procedure which should be incorporated into the blasting plan to prevent damage. Copies of the report shall be provided to the person requesting the survey and to the Department within thirty (30) days of the the date the survey was completed. If the person requesting the survey disagrees with the results of the survey, he or she may notify, in writing, both the permittee and the Department of the specific areas of disagreement. Instructions as to whom and to where the written comments on the results of the survey should be forwarded shall be included with the survey report.

History

• Source: Amended at 11 Ill. Reg. 8131, effective July 1, 1987

62 Ill. Adm. Code 1816.64 Use of Explosives: Public Notice of Blasting Schedule

a) All blasting shall be conducted from sunrise to sunset, and at times announced in the blasting schedule. The Department shall limit the area covered, timing and sequence of blasting, as listed in the schedule, if such limitations are necessary and reasonable in order to protect public health, safety or welfare.

b) Unscheduled blasting may be conducted only where public or operator health and safety so require. When an operator conducts an unscheduled blast, the operator, using audible warning signals, shall notify residents within one-half mile of the blasting site and document the reason(s) for the unscheduled blast in accordance Section 1816.68(a)(17). Unscheduled blasting does not include nighttime blasting, which is prohibited at all times.

c) Blasting schedule publication

1. Each person who conducts surface mining activities shall publish a blasting schedule at least ten days, but not more than 30 days, before beginning a blasting program in which blasts that use more than five pounds of explosive or blasting agent are detonated. The blasting schedule shall be published in a newspaper of general circulation in the locality of the blasting site.

2. Copies of the schedule shall be distributed by mail to local governments and public utilities and mailed or delivered to each residence within one-half mile of the proposed blasting area and to every other person within or outside such area to whom the Department requires to be mailed, and daily notices shall be provided to such persons prior to any blasting.

3. The person who conducts the surface mining activities shall republish and redistribute the schedule by mail at least every 12 months and revise and republish the schedule at least ten days but not more than 30 days before blasting in areas not covered in the current schedule or if the actual blasting times differ from the time periods listed in the current schedule for more than 20% of the blasts fired.

d) The blasting schedule shall contain at a minimum:

1. Identification of the specific areas in which blasting will take place;

2. Dates and time periods when explosives are to be detonated;

3. Methods to be used to control access to the blasting area;

4. Types of audible warnings and all-clear signals to be used before and after blasting; and

5. Name, address, and telephone number of operator.

e) Public notice of changes in blasting schedules

Before blasting in areas or at times not in a previous schedule, the person who conducts the surface mining activities shall prepare a revised schedule according to the procedures in subsections (c) and (d).

History

• Source: Amended at 22 Ill. Reg. 20228, effective November 5, 1998

62 Ill. Adm. Code 1816.65 Use of Explosives: Surface Blasting Requirements (repealed)

History

• Source: Repealed at 11 Ill. Reg. 8131, effective July 1, 1987

62 Ill. Adm. Code 1816.66 Use of Explosives: Blasting Signs, Warnings, and Access Control

a) Blasting signs shall meet the specifications of Section 1816.11. The operator shall:

1. Conspicuously display signs reading "Blasting Area" along the edge of any blasting area that comes within 100 feet of any public road right-of-way, and at the point where any other road provides access to the blasting area; and

2. At all entrances to the permit area from public roads or highways, place conspicuous signs which state "Warning! Explosives in Use" and which clearly list and describe the meaning of the audible blast warning and all-clear signals that are in use, and which explain the marking of blasting areas and charged holes awaiting firing within the permit area.

b) Warning and all-clear signals of different character or pattern that are audible within one-half mile of the blast shall be given. Each person within the permit area and each person who resides or regularly works within one-half mile of the permit area shall be notified of the meaning of the signals in the blasting schedule. The requirement to supply daily notice may be fulfilled by the audible warning signals.

c) Access to the blasting area shall be controlled to prevent the presence of livestock or unauthorized personnel during blasting and until an authorized representative of the person who conducts the surface mining activities has reasonably determined:

1. That no unusual circumstances, such as imminent slides or undetonated charges, exist; and

2. That access to and travel in or through the area can be safely resumed.

d) Proximity to buildings and other facilities

1. Blasting shall not be conducted within 300 feet of any building used as a dwelling unless waived by the owner or within 300 feet of a school, church, hospital, or nursing facility.

2. Blasting shall not be conducted within 100 feet of facilities including, but not limited to, disposal wells, petroleum or gas storage facilities, municipal water storage facilities, fluid-transmission pipelines, or water and sewage lines unless a waiver is obtained from the owner of the facility and submitted to the Department prior to blasting within 100 feet.

History

• Source: Amended at 22 Ill. Reg. 20228, effective November 5, 1998

62 Ill. Adm. Code 1816.67 Use of Explosives: Control of Adverse Effects

a) Blasting shall be conducted to prevent injury to persons, damage to public or private property outside the permit area, adverse impacts on any underground mine, and change in the course, channel or availability of ground or surface water outside the permit area.

b) Air blast limits

1. Air blast shall be controlled so that it does not exceed the values specified below at any dwelling, public building, school, church, or commercial or institutional structure, unless such structure is owned by the person who conducts the surface mining activities and is not leased to any other person. If a building owned by the person conducting surface mining activities is leased to another person, the lessee may sign a waiver relieving the operator from meeting the air blast limitations of this subsection. The waiver shall be submitted to the Department before beginning blasting.

Lower frequency limit of measuring system, Hz +3dB

Maximum

level in dB

0.1 Hz or lower – flat response*

134 peak

2.0 Hz or lower – flat response

133 peak

6.0 Hz or lower – flat response

129 peak

• Only when approved by the Department

2. The measuring systems used shall have a flat frequency response of at least 200 Hz at the upper end.

3. The person who conducts blasting may satisfy the provisions of subsection (b) by meeting any of the three specifications in the chart in subsection (b)(1).

4. If necessary to prevent damages specified in subsection (a), the Department shall specify lower maximum allowable airblast levels than those in subsection (b)(1) for use in the vicinity of a specific blasting operation.

c) Air blast monitoring

1. When the cube root scaled distance, as defined in subsection (c)(2), to the nearest dwelling, public building, school, church, or commercial or institutional structure has a value less than 350 and when the burden to hole depth ratio is greater than 1.0, or the top stemming height is less than 70% of the burden dimension, the air blast produced by that blast shall be measured, recorded, analyzed, and reported pursuant to subsection (g) of this Section and Section 1816.68(b). This subsection shall not apply to horizontal blast holes drilled from the floor of the pit.

2. Cube root scaled distance equals the distance, in feet, from the blast to a specified location divided by the cube root of the maximum weight of explosives, in pounds, to be detonated in any eight millisecond period.

3. To ensure compliance with the limits contained in this Section, the Department may require an air blast measurement of any or all blasts, and may specify the location of such measurements.

d) Flyrock, including blasted material traveling in the air, or along the ground, shall not be cast beyond the permit boundaries or beyond the area of regulated access required under Section 1816.66(c), or more than one-half the distance to the nearest dwelling or other occupied structure.

e) Ground vibration limits

1. In all blasting operations, except as otherwise authorized in this Section, the maximum peak particle velocity shall not exceed one inch per second at the location of any dwelling, public building, school, church, or commercial or institutional building. At distances greater than 5,000 feet from the blast to any structures described in this subsection, the maximum allowable peak particle velocity shall not exceed 0.75 inch per second at the locations of the structures described in this subsection. At distances less than 300 feet from the blast to any structures described in this subsection, the maximum allowable peak particle velocity shall not exceed 1.25 inch per second at the locations of the structures described in this subsection. These limits shall apply separately to each component of motion as defined in subsection (g). The Department shall reduce peak particle velocity limits if determined necessary to provide damage protection, if so recommended in any pre-blast survey or condition survey report provided pursuant to Section 1816.62.

2. Blasting shall be conducted to prevent adverse impacts on any underground mine and changes in the course, channel, or availability of ground or surface water outside the permit area. Ground vibration limits, including the maximum peak particle velocity limitation of subsection (e)(1), shall not apply at the following locations:

A) At structures owned by the person conducting the mining activity, and not leased to another party; and

B) At structures owned by the person conducting the mining activity, and leased to another party, if a written waiver by the lessee is submitted to the Department prior to blasting.

f) Ground vibration monitoring

1. When the scaled distance, as defined below, has a value less than 65 at the nearest dwelling, public building, school, church, or commercial or institutional structure, a seismograph recording shall be made at or near the closest structure requiring protection.

2. Scaled Distance = The distance, in feet, from the blast to a specified location divided by the square root of the maximum weight of explosives, in pounds, to be detonated in any eight millisecond period.

3. To ensure compliance with the limits contained in this Section, the Department may require a seismograph recording of any or all blasts and may specify the location at which such recordings are made.

g) As used herein, seismograph recording or record or air blast recording or record shall mean:

A visually inspectable cartesian representation of the time history of the particle velocity levels or air blast levels versus time. Time is represented on the "X" axis. The particle velocity is shown by three traces representing mutually perpendicular components of motion. The components are oriented vertically, transversely, and longitudinally to the horizontal direction from the recording location to the location of the blast. The air blast time history is represented by a single trace. The record or recording includes either an analog representation of, or a written description of the vertical scale for the particle velocity traces and the air blast trace. The units for the particle velocity traces and scale are in inches per second. The units for the air blast trace and scale are millibars, pounds per square inch, or decibels. The recording also includes an analog or descriptive time scale. The time units are in seconds.

History

• Source: Amended at 22 Ill. Reg. 20228, effective November 5, 1998

62 Ill. Adm. Code 1816.68 Use of Explosives: Records of Blasting Operations

a) A record of each blast, including seismograph reports, shall be retained by the operator for at least three (3) years and shall be available for inspection by the Department and the public on request. The record is to be completed by the end of the work day following the day in which the blast occurred, including the seismograph meter reading, if available, and shall contain the following data:

1. Name of the operator conducting the blast;

2. Location, date, and time of blast;

3. Name, signature, and certification number of the blaster conducting the blast;

4. The name of the owner or resident of, and the direction and distance, in feet, to the nearest dwelling, school, church, or commercial, or institutional building either:

A) Not located in the permit area; or

B) Not owned by the person who conducts the surface mining activities.

5. Type of material blasted;

6. Number of holes, burden, and spacing;

7. Diameter and depth of holes;

8. Types of explosives used;

9. Total weight of explosives used;

10. Weight of explosives used per hole;

11. Maximum weight of explosives detonated within any eight (8) millisecond period;

12. Maximum number of holes or decks detonated within any eight (8) millisecond period;

13. Initiation system;

14. Type and length of stemming;

15. Type of delay detonator and delay periods used;

16. Sketch of the delay pattern, including decking;

17. Reasons and conditions for each unscheduled blast;

18. Wind velocity and direction; and

19. Weather conditions, including those which may cause possible adverse blasting effects.

b) Air blast and/or ground vibration recordings, or photographic copies thereof, where required, shall be kept at the mine site office for a period of three (3) years following the date of the blast, and shall be available for inspection by the Department and the public on request. The recordings shall include the following:

1. Maximum air blast and/or ground vibration levels recorded;

2. The exact location of the monitoring equipment, and its distance from the blast, and the date and time of the recording;

3. Name of the person and firm making the recording;

4. Name of the person and firm analyzing the recording. The recording shall be signed and dated by the person performing the analysis; and

5. The type of instrument, sensitivity, and calibration signal or certification of annual calibration. When the recordings required at Sections 1816.67(c) and 1816.67(g) are produced via digitized systems, the sampling rate of the digitizer, in samples per second, shall be stated.

History

• Source: Amended at 15 Ill. Reg. 17166, effective January 1, 1992

62 Ill. Adm. Code 1816.71 Disposal of Excess Spoil: General Requirements

a) Excess spoil shall be placed in designated disposal areas within a permit area, in a controlled manner to:

1. Minimize the adverse effects of leachate and surface water runoff from the fill on surface and ground waters;

2. Ensure mass stability and prevent mass movement during and after construction; and

3. Ensure that the final fill is suitable for reclamation and revegetation compatible with the natural surroundings and the approved post-mining land use.

b) Design certification.

1. The fill and appurtenant structures shall be designed using current, prudent engineering practices. A qualified registered professional engineer experienced in the design of earth and rock fills shall seal the design of the fill and appurtenant structures.

2. The fill shall be designed to attain a minimum long-term static safety factor of 1.5. The foundation and abutments of the fill must be stable under all conditions of construction.

c) All vegetative and organic materials shall be removed from the disposal area prior to placement of the excess spoil. Topsoil shall be removed, segregated, and stored or replaced in accordance with Section 1816.22. If approved by the Department, organic material may be used as mulch or may be included in the topsoil to control erosion, promote growth of vegetation, or increase the moisture retention of the soil.

d) Slope protection shall be provided to minimize surface erosion at the site. All disturbed areas, including diversion channels that are not riprapped, or otherwise protected from erosion, shall be vegetated upon completion of construction.

e) The disposal areas shall be located on the most moderately sloping and naturally stable areas available as approved by the Department. Fill materials suitable for disposal shall be placed upon or above a natural terrace, bench or berm if such placement provides additional stability and prevents mass movement.

f) Excess spoil shall be transported and placed in a controlled manner in horizontal lifts not exceeding four (4) feet in thickness, concurrently compacted as necessary to ensure mass stability and prevent mass movement during and after construction; graded so that surface and subsurface drainage is compatible with the natural surroundings; and covered with topsoil or substitute material in accordance with Section 1816.22. The Department may approve a design which incorporates placement of excess spoil in horizontal lifts other than four (4) feet in thickness when it is demonstrated by the operator and sealed by a qualified registered professional engineer that the design will ensure the stability of the fill and will meet all other requirements of this Section.

g) The final configuration of the fill must be suitable for the approved post-mining land use. In addition:

1. No permanent impoundments are allowed on the completed fill. Small depressions shall be allowed by the Department if they are needed to retain moisture, minimize erosion, create and enhance wildlife habitat, or assist revegetation, and if they are not incompatible with the stability of the fill, as set forth in Sections 1816.41(a), 1816.97(a) and 1816.111;

2. Box cut spoils shall blend with undisturbed land with a maximum outslope steepness of twenty-five (25) percent (4h:lv);

3. Other direct cast spoil placed onto unmined land shall be graded so as to reduce the slope to the maximum extent by grading toward and over the mined area, and blending with the unmined land with an outslope that does not exceed fifteen (15) percent; and

4. Drainage from the interior portion of the spoil shall not be directed over the outside slope of the box cut spoil unless an erosion control system is designated to accommodate the runoff from the interior area.

h) Terraces may be constructed on the outslope of the fill if required for stability, control of erosion, to conserve soil moisture, or to facilitate the approved post-mining land use, as set forth in Sections 1816.41(a) and 1816.111(a). The grade of the outslope between terrace benches shall not be steeper than 2h:1v (fifty (50) percent). Terrace(s) are required where the vertical height of the excess spoil exceeds forty (40) feet.

i) Where the slope in the disposal area exceeds lv:2.8h (thirty-six (36) percent), or such lesser slope designated by the Department based on local conditions, keyway cuts (excavations to stable bedrock) or rock toe buttresses shall be constructed to stabilize the fill. Where the toe of the spoil rests on a downslope, stability analyses shall be performed in accordance with 62 Ill. Adm. Code 1780.35(c) to determine the size of rock toe buttresses and keyway cuts.

j) A qualified registered professional engineer or other qualified professional specialist under the direction of a registered professional engineer, experienced in the construction of earth and rockfill embankments, shall periodically inspect the fill during construction. Such inspections shall be made at least quarterly throughout construction and during the critical construction periods. Critical construction periods shall include at a minimum:

A) Foundation preparation, including the removal of all organic material and topsoil;

B) Placement of underdrain and protective filter systems;

C) Installation of final surface drainage systems; and

D) The final graded and revegetated fill.

E) Regular inspections by the engineer or specialist shall also be conducted during placement and compaction of fill materials.

2. The qualified registered professional engineer shall provide to the Department a sealed report within two (2) weeks after each inspection that the fill has been constructed and maintained as designed and in accordance with the approved plan and 62 Ill. Adm. Code 1700 through 1850. The report shall include appearances of instability, structural weakness and other hazardous conditions.

3. The sealed report on the drainage system and protective filters shall include color photographs of the structure taken during and after construction, but before underdrains are covered with excess spoil. If the underdrain system is constructed in phases, each phase shall be sealed separately.

4. Where excess durable rock spoil is placed in single or multiple lifts such that the underdrain system is constructed simultaneously with excess spoil placement by the natural segregation of dumped materials, in accordance with Section 1816.74, color photographs shall be taken of the underdrain as the underdrain system is being formed.

5. The photographs accompanying each sealed report shall be taken in adequate size and number with enough terrain or other physical features of the site shown to provide a relative scale to the photographs and to specifically and clearly identify the site.

6. A copy of each inspection report shall be retained at or near the mine site.

k) Coal processing wastes shall not be disposed of in head-of-hollow or valley fills, and may only be disposed of in other excess spoil fills, if such waste is:

1. Placed in accordance with Section 1816.83;

2. Demonstrated to be nontoxic- and nonacid-forming; and

3. Demonstrated to be consistent with the design stability of the fill.

l) Drainage control. If the disposal area contains springs, natural or manmade watercourses, or wet-weather seeps, the fill design shall include diversions and underdrains as necessary to control erosion, prevent water infiltration into the fill, and ensure stability.

1. Diversions shall comply with the requirements of Section 1816.43.

2. Underdrains shall consist of durable rock or pipe, be designed and constructed using current, prudent engineering practices. The underdrain system shall be designed to carry the anticipated seepage of water due to rainfall away from seeps and springs in the foundation of the disposal area and shall be protected from piping and contamination by an adequate filter. Rock underdrains shall be constructed of durable, nonacid-, nontoxic-forming rock (e.g., natural sand and gravel, sandstone, limestone, or other durable rock) that does not slake in water or degrade to soil material,and which is free of coal, clay or other nondurable material. Perforated pipe underdrains shall be corrosion resistant and shall have characteristics consistent with the long-term life of the fill.

m) The foundation and abutments of the fill shall be stable under all conditions of construction and operation. Sufficient foundation investigation, as well as any necessary laboratory testing of foundation materials, shall be performed in order to determine the design requirements for stability of the foundation. Analyses of foundation conditions shall include the effect of underground mine workings, if any, upon the stability of the fill and appurtenant structures.

n) Excess spoil may be returned to underground mine workings, but only in accordance with a disposal program approved by the Department and MSHA under 62 Ill. Adm. Code 1784.25.

o) Excess spoil that is acid- or toxic-forming or combustible shall be adequately covered with nonacid, nontoxic and noncombustible material, or treated, to control the impact on surface and ground water in accordance with Section 1816.41, to prevent sustained combustion, and to minimize adverse effects on plant growth and the approved post-mining land use as set forth in Section 1816.111(a).

History

• Source: Amended at 11 Ill. Reg. 8131, effective July 1, 1987

62 Ill. Adm. Code 1816.72 Disposal of Excess Spoil: Valley Fills/Head-of-Hollow Fills

Valley fills and head-of-hollow-fills shall meet all of the requirements of Section 1816.71 and the additional requirements of this Section.

a) The fill shall be designed to attain a long-term static safety factor of 1.5 based upon data obtained from subsurface exploration, geotechnical testing, foundation design, and accepted engineering analyses.

b) Drainage control.

1. The top surface of the completed fill shall be graded such that the final slope after settlement will be toward properly designed drainage channels. Uncontrolled surface drainage may not be directed over the outslope of the fill.

2. Runoff from areas above the fill and runoff from the surface of the fill shall be diverted into stabilized diversion channels designed to meet the requirements of Section 1816.43 and, in addition, to safely pass the runoff from a one hundred (100) year, six (6) hour precipitation event.

c) Rock-core chimney drains. A rock-core chimney drain may be used in a head-of-hollow-fill, instead of the underdrain and surface diversion system normally required, as long as the fill is not located in an area containing intermittent or perennial streams. A rock-core chimney drain may be used in a valley fill if the fill does not exceed two hundred and fifty thousand (250,000) cubic yards of material and upstream drainage is diverted around the fill. The alternative rock-core chimney drain system shall be incorporated into the design and construction of the fill as follows:

1. The fill shall have, along the vertical projection of the main buried stream channel or rill, a vertical core of durable rock at least sixteen (16) feet thick which shall extend from the toe of the fill to the head of the fill, and from the base of the fill to the surface of the fill. A system of lateral rock underdrains shall connect this rock core to each area of potential drainage or seepage in the disposal area. The underdrain system and rock core shall be designed to carry the anticipated seepage of water due to rainfall away from the excess spoil fill and from seeps and springs in the foundation of the disposal area. Rocks used in the rock core and underdrains shall meet the requirements of Section 1816.71(l).

2. A filter system to ensure the proper long-term functioning of the rock core shall be designed and constructed using current, prudent engineering practices.

3. Grading may drain surface water away from the outslope of the fill and toward the rock core. In no case, however, may intermittent or perennial streams be diverted into the rock core. The maximum slope of the top of the fill shall be 33h:1v (three (3) percent). A drainage pocket may be maintained at the head of the fill during and after construction, to intercept surface runoff and discharge the runoff through or over the rock drain, if stability of the fill is not impaired. In no case shall this pocket or sump have a potential capacity for impounding more than ten thousand (10,000) cubic feet of water. Terraces on the fill shall be graded with a three (3) to five (5) percent grade toward the fill and a one (1) percent slope toward the rock core.

History

• Source: Amended at 11 Ill. Reg. 8131, effective July 1, 1987

62 Ill. Adm. Code 1816.73 Disposal of Excess Spoil: Head-of-Hollow Fills (repealed)

History

• Source: Repealed at 11 Ill. Reg. 8131, effective July 1, 1987

62 Ill. Adm. Code 1816.74 Disposal of Excess Spoil: Durable Rock Fills

The Department may approve the alternative method of disposal of excess durable rock spoil by gravity placement in single or multiple lifts, provided the following conditions are met:

a) Except as provided in this Section, the requirements of Section 1816.71 are met.

b) The excess spoil consists of at least eighty (80) percent, by volume, durable, nonacid- and nontoxic-forming rock (e.g., sandstone or limestone) that does not slake in water and will not degrade to soil material. Where used, noncemented clay shale, clay spoil, soil or other nondurable excess spoil material shall be mixed with excess durable rock spoil in a controlled manner such that no more than twenty (20) percent of the fill volume, as determined by tests performed by a registered professional engineer and approved by the Department, is not durable rock.

c) A qualified registered professional engineer seals that the design will ensure the stability of the fill and meet all other applicable requirements of this Part.

d) The fill is designed to attain a minimum long-term static safety factor of 1.5, and an earthquake safety factor of 1.1.

e) The underdrain system may be constructed simultaneously with excess spoil placement by the natural segregation of dumped materials, provided the resulting underdrain system is capable of carrying anticipated seepage of water due to rainfall away from the excess spoil fill and from seeps and springs in the foundation of the disposal area and the other requirements in Section 1816.71 are met.

f) Surface water runoff from areas adjacent to and above the fill is not allowed to flow onto the fill and is diverted into stabilized diversion channels designed to meet the requirements of Section 1816.43 and to safely pass the runoff from a one hundred (100) year, six (6) hour precipitation event.

History

• Source: Amended at 11 Ill. Reg. 8131, effective July 1, 1987

62 Ill. Adm. Code 1816.75 Disposal of Excess Spoil: Preexisting Benches

a) The Department may approve the disposal of excess spoil through placement on preexisting benches, provided that all the standards set forth in Section 1816.71(a), (b)(1), (d) through (i) and the requirements of this Section are met.

b) Excess spoil shall be placed only on the solid portion of the preexisting bench.

c) The fill shall be designed, using current, prudent engineering practices, to attain a long-term static safety factor of 1.3 for all portions of the fill.

d) The preexisting bench shall be backfilled and graded to:

1. Achieve the most moderate slope possible which does not exceed the angle of repose; and

2. Eliminate the highwall to the maximum extent technically practical.

e) Disposal of excess spoil from an upper actively mined bench to a lower preexisting bench by means of gravity transport may be approved by the Department provided that:

1. The gravity transport courses are determined on a site-specific basis by the operator as part of the permit application and approved by the Department to minimize hazards to health and safety and to ensure that damage will be minimized between the benches, outside the set course, and downslope of the lower bench should excess spoil accidentally move;

2. All gravity transported excess spoil, including that excess spoil immediately below the gravity transport courses and any preexisting spoil that is disturbed, is rehandled and placed in horizontal lifts in a controlled manner, concurrently compacted as necessary to ensure mass stability and to prevent mass movement, and graded to allow surface and subsurface drainage to be compatible with the natural surroundings and to ensure a minimum long-term static safety factor of 1.3. Excess spoil on the bench prior to the current mining operation that is not disturbed need not be rehandled except where necessary to ensure stability of the fill as determined by factors such as excessive sloughing and cracking;

3. A safety berm is constructed on the solid portion of the lower bench prior to gravity transport of the excess spoil. Where there is insufficient material on the lower bench to construct a safety berm, only that amount of excess spoil necessary for the construction of the berm may be gravity transported to the lower bench prior to construction of the berm.

4. Excess spoil shall not be allowed on the downslope below the upper bench except on designated gravity transport courses properly prepared according to Section 1816.22. Upon completion of the fill, no excess spoil shall be allowed to remain on the designated gravity transport course between the two benches and each transport course shall be reclaimed in accordance with the requirements of this Part.

History

• Source: Added 11 Ill. Reg. 8131, effective July 1, 1987

62 Ill. Adm. Code 1816.79 Protection of Underground Mining

No surface mining activities shall be conducted closer than five hundred (500) feet to any point of either an active or abandoned underground mine, except to the extent that:

a) The activities result in improved resource recovery, abatement of water pollution, or elimination of hazards to the health and safety of the public; and

b) The nature, timing and sequence of the activities that propose to mine closer than five hundred (500) feet to an active underground mine are jointly approved by the Department and the Mine Safety and Health Administration (MSHA).

History

• Source: Amended at 20 Ill. Reg. 2027, effective January 19, 1996

62 Ill. Adm. Code 1816.81 Coal Mine Waste: General Requirements

a) All coal mine waste shall be placed in new or existing disposal areas approved by the Department for this purpose. These areas shall be within a permit area. Coal mine waste shall be placed in a controlled manner to:

1. Minimize adverse effects of leachate and surface water runoff on surface and ground water quality and quantity in accordance with Section 1816.41;

2. Ensure mass stability and prevent mass movement during and after construction by:

A) Spreading the coal mine waste in layers no more than twenty-four (24) inches in thickness;

B) Compacting the coal mine waste to prevent spontaneous combustion and to provide the strength required for stability of the coal processing waste bank.

C) Variations shall be allowed in these requirements for the disposal of dewatered fine coal mine waste (minus twenty-eight (28) sieve size) with approval of the Department, if, because of site-specific conditions, compliance with the requirements of subsections (c)(1) and (c)(2) is not necessary to neet the performance standards of this Part;

3. Ensure that the final disposal facility is suitable for reclamation and revegetation compatible with the natural surroundings and the approved post-mining land use;

4. Not create a public safety hazard; and

5. Prevent combustion.

b) Coal mine waste materials from activities located outside a permit area, such as those activities at other mines or abandoned mine waste piles may be disposed of in the permit area only if approved by the Department. Approval shall be based on a showing by the person who conducts surface mining activities in the permit area that such disposal will be in accordance with the standards of this Section.

c) Design certification.

1. The disposal facility shall be designed using current, prudent engineering practices and shall meet any design criteria established by the Department. A qualified registered professional engineer, experienced in the design of similar earth and waste structures, shall seal the design of the disposal facility.

2. The disposal facility shall be designed to attain a minimum long-term static safety factor of 1.5. The foundation and abutments must be stable under all conditions of construction.

d) Foundation. Sufficient foundation investigations, such as on site investigations and test borings, as well as any necessary laboratory testing of foundation material, shall be performed in order to determine the design requirements for foundation stability. The analyses of the foundation conditions shall take into consideration the effect of underground mine workings, if any, upon the stability of the disposal facility.

e) Emergency procedures. If any examination or inspection discloses that a potential hazard exists, the Department shall be informed promptly of the finding and of the emergency procedures formulated for public protection and remedial action. If procedures cannot be formulated or implemented to ensure compliance with subsection (a), the Department shall be notified immediately. The Department shall then notify the appropriate agencies that other emergency procedures are required to protect the public.

f) Underground disposal. Coal mine waste may be disposed of in underground mine workings, but only in accordance with a plan approved by the Department and MSHA under 62 Ill. Adm. Code 1784.25.

History

• Source: Amended at 11 Ill. Reg. 8131, effective July 1, 1987

62 Ill. Adm. Code 1816.82 Coal Processing Waste Banks: Site Inspection (repealed)

History

• Source: Repealed at 11 Ill. Reg. 8131, effective July 1, 1987

62 Ill. Adm. Code 1816.83 Coal Mine Waste: Refuse Piles

Refuse piles shall meet the requirements of Section 1816.81, the additional requirements of this Section, and the requirements of 30 CFR 77.214 and 77.215 (1989). 30 CFR 77.214 and 77.215 (1989) do not include any subsequent amendments or editions.

a) Drainage control

1. If the disposal area contains springs, natural or man-made water courses, or wet weather seeps, the design shall include diversions and underdrains as necessary to control erosion, prevent water infiltration into the disposal facility and ensure stability.

2. Uncontrolled surface drainage may not be diverted over the outslope of the refuse piles. Runoff from the areas above the refuse pile and runoff from the surface of the refuse pile shall be diverted into stabilized diversion channels designed to meet the requirements of Section 1816.43 to safely pass the runoff from a 100 year, six hour precipitation event. Runoff diverted from undisturbed areas need not be commingled with runoff from the surface of the refuse pile.

3. Underdrains shall comply with the requirements of Section 1816.71(1)(2).

b) Surface area stabilization. Slope protection shall be provided to minimize erosion at the site. All disturbed areas, including diversion channels that are not riprapped or otherwise protected from erosion, shall be revegetated upon completion of construction.

c) Placement

1. All vegetative and organic materials shall be removed from the disposal area prior to placement of coal mine waste. Topsoil shall be removed, segregated and stored or redistributed in accordance with Section 1816.22. If approved by the Department, organic material may be used as mulch, or may be included in the topsoil to control erosion, promote growth of vegetation or increase the moisture retention of the soil.

2. The final configuration of the refuse pile shall be suitable for the approved post-mining land use. Terraces may be constructed on the outslope of the refuse pile if required for stability, erosion control, conservation of soil moisture, or facilitation of the approved post-mining land use. The grade of the outslope between terrace benches shall not be steeper than 2h:1v (50%).

3. No permanent impoundments shall be allowed on the completed refuse pile. Small depressions may be allowed by the Department if they are needed to retain moisture, minimize erosion, create and enhance wildlife habitat, or assist revegetation, and if they are not incompatible with stability of the refuse pile.

4. Following final grading of the refuse pile, the coal mine waste shall be covered with a minimum of four feet of the best available, nontoxic and noncombustible material, in a manner that does not impede drainage from the underdrains. The Department may allow less than four feet of cover material based on physical and chemical analyses which show that the requirements of Section 1816.111 through 1816.117 will be met. The Department shall require the addition of neutralization material to be added to the coal mine waste if, based on physical and chemical analyses, this material is needed to prevent acid mine drainage. This subsection (c)(4) is also applicable to the reclamation of fine coal waste (slurry) not meeting the definition of refuse piles.

d) Inspections. A qualified registered professional engineer, or other qualified professional specialist under the direction of the professional engineer, shall inspect the refuse pile during construction. The professional engineer or specialist shall be experienced in the construction of similar earth and waste structures.

1. Such inspections shall be made at least quarterly throughout construction and during critical construction periods. Critical construction periods shall include foundation preparation including the removal of all organic material and topsoil; placement of underdrains and protective filter systems; installation of final surface drainage systems; and the final graded and revegetated facility. Regular inspections by the engineer or specialist shall also be conducted during placement and compaction of coal mine waste materials. More frequent inspections shall be conducted if a danger of harm exists to the public health and safety or the environment. Inspections shall continue until the refuse pile has been finally graded and revegetated.

2. The qualified registered professional engineer shall provide a sealed report to the Department promptly after each inspection that the refuse pile has been constructed and maintained as designed and in accordance with the approved plan and 62 Ill. Adm. Code 1700 through 1850. The report shall include appearances of instability, structural weakness, and other hazardous conditions.

3. The sealed report on the drainage system and protective filters shall include color photographs taken during and after construction, but before underdrains are covered with coal mine waste. If the underdrain system is constructed in phases, each phase shall be sealed separately. The photographs accompanying each certified report shall be taken in adequate size and number with enough terrain or other physical features of the site shown to provide a relative scale to the photographs and to specifically and clearly identify the site.

4. A copy of each inspection report shall be retained at or near the minesite.

History

• Source: Amended at 22 Ill. Reg. 20228, effective November 5, 1998

62 Ill. Adm. Code 1816.84 Coal Mine Waste: Impounding Structures

New and existing impounding structures constructed of coal mine waste or intended to impound coal mine waste shall meet the requirements of Section 1816.81.

a) Coal mine waste shall not be used for construction of impounding structures unless it has been demonstrated to the Department that the stability of such a structure conforms to the requirements of this Part and the use of coal mine waste will not have a detrimental effect on downstream water quality or the environment due to acid seepage through the impounding structure. The stability of the structure and the potential impact of acid mine seepage through the impounding structure shall be discussed in detail in the design plan submitted to the Department in accordance with 62 Ill. Adm. Code 1780.25.

b) Construction Requirements

1. Each impounding structure constructed of coal mine waste or intended to impound coal mine waste shall be designed, constructed and maintained in accordance with Section 1816.49(a) and (c). Such structures may not be retained permanently as part of the approved post-mining land use.

2. Each impounding structure constructed of coal mine waste or intended to impound coal mine waste that meets the criteria of 30 CFR 77.216(a) shall have sufficient spillway capacity to safely pass, adequate storage capacity to safely contain, or a combination of storage capacity and spillway capacity to safely control the probable maximum precipitation of a 6-hour precipitation event or greater event as specified by the Department after consideration of factors such as watershed size and characteristics necessary to ensure design in accordance with prudent engineering practices.

c) Spillways and outlet works shall be designed to provide adequate protection against erosion and corrosion in accordance with Section 1816.47. Inlets shall be protected against blockage.

d) Drainage control. Runoff from areas above the disposal facility or runoff from the surface of the facility that causes instability or erosion of the impounding structure shall be diverted into stabilized diversion channels designed to meet the requirements of Section 1816.43 and designed to safely pass the runoff from a one hundred (100) year, six (6) hour design precipitation event.

e) Impounding structures constructed of or impounding coal mine waste shall be designed so that at least ninety (90) percent of the water stored during the design precipitation event can be removed within a ten (10) day period.

f) For an impounding structure constructed of or impounding coal mine waste, at least ninety (90) percent of the water stored during the design precipitation event shall be removed within the 10-day period following the design precipitation event.

History

• Source: Amended at 17 Ill. Reg. 11001, effective July 1, 1993

62 Ill. Adm. Code 1816.85 Coal Processing Waste Banks: Construction Requirements (repealed)

History

• Source: Repealed at 11 Ill. Reg. 8131, effective July 1, 1987

62 Ill. Adm. Code 1816.86 Coal Processing Waste: Burning (repealed)

History

• Source: Repealed at 11 Ill. Reg. 8131, effective July 1, 1987

62 Ill. Adm. Code 1816.87 Coal Mine Waste: Burned Waste Utilization

a) Coal mine waste fires shall be extinguished by the person who conducts the surface mining activities, in accordance with the plan approved by the Department and the MSHA. The plan shall contain, at a minimum, provisions to ensure that only those persons authorized by the operator, and who have an understanding of the procedures to be used, shall be involved in extinguishing operations.

b) No burning or burned coal mine waste shall be removed from a permitted disposal area without a removal plan approved by the Department. Consideration shall be given to potential hazards to persons working or living in the vicinity of the structure.

History

• Source: Amended at 11 Ill. Reg. 8131, effective July 1, 1987

62 Ill. Adm. Code 1816.88 Coal Processing Waste: Return to Underground Workings (repealed)

History

• Source: Repealed at 11 Ill. Reg. 8131, effective July 1, 1987

62 Ill. Adm. Code 1816.89 Disposal of Noncoal Mine Wastes

a) Noncoal mine wastes including, but not limited to, grease, lubricants, paints, flammable liquids, garbage, abandoned mining machinery, lumber, and other combustible material generated during surface mining activities shall be placed and stored in a controlled manner in a designated portion of the permit area. Placement and storage shall ensure that leachate and surface runoff do not degrade surface or ground water, fires are prevented, and that the area remains stable and suitable for reclamation and revegetation compatible with the natural surroundings.

b) Final disposal of noncoal mine wastes shall be in a designated disposal site in the permit area, or to a permitted solid waste disposal area. Disposal sites in the permit area shall be designed and constructed to ensure that leachate and drainage from the noncoal mine waste area does not degrade surface or underground water. Wastes shall be routinely compacted and covered to prevent combustion and windborne waste. When the disposal is completed a minimum of two feet of soil cover shall be placed over the site, slopes stabilized, and revegetation accomplished in accordance with Sections 1816.111 through 1816.117. Operation of the disposal site shall be conducted in accordance with all local, State, and Federal requirements. Areas reclaimed to cropland capability shall have a minimum of four feet of suitable soil cover.

c) At no time shall any noncoal mine waste be deposited in a refuse pile or impounding structure, nor shall any excavation for a noncoal mine waste disposal site be located within eight feet of any coal outcrop or coal storage area.

d) Notwithstanding any other provision in 62 Ill. Adm. Code 1700 through 1850 any noncoal mine waste defined as "hazardous" under Section 3001 of the Resource Conservation and Recovery Act (RCRA) (P. L. 94-580, as amended) and 40 CFR 261 shall be handled in accordance with the requirements of Subtitle C of RCRA and in accordance with the Illinois Environmental Protection Act as implemented by Title 35, Subtitle G, Part 721.

History

• Source: Amended at 24 Ill. Reg. 5967, effective March 21, 2000

62 Ill. Adm. Code 1816.91 Coal Processing Waste: Dams and Embankments: General Requirements (repealed)

History

• Source: Repealed at 11 Ill. Reg. 8131, effective July 1, 1987

62 Ill. Adm. Code 1816.92 Coal Processing Waste: Dams and Embankments: Site Preparation (repealed)

History

• Source: Repealed at 11 Ill. Reg. 8131, effective July 1, 1987

62 Ill. Adm. Code 1816.93 Coal Processing Waste: Dams and Embankments: Design and Construction (repealed)

History

• Source: Repealed at 11 Ill. Reg. 8131, effective July 1, 1987

62 Ill. Adm. Code 1816.94 Coal Processing Waste: Time and Requirements for Completion of Covering (repealed)

History

• Source: Repealed at 11 Ill. Reg. 8131, effective July 1, 1987

62 Ill. Adm. Code 1816.95 Stabilization of Surface Areas

a) All exposed surface areas shall be protected and stabilized to control erosion and air pollution attendant to erosion in accordance with Section 1816.45(a).

b) Rills and gullies, deeper than nine (9) inches, which form in areas that have been regraded and topsoiled and rills and gullies of lesser size which the Department determines either disrupt the approved post-mining land use or the reestablishment of the vegetative cover, or cause or contribute to a violation of Section 1816.42 for receiving streams shall be filled, regraded, or otherwise stabilized; topsoil shall be replaced; and the areas shall be reseeded or replanted.

History

• Source: Added 11 Ill. Reg. 8131, effective July 1, 1987

62 Ill. Adm. Code 1816.97 Protection of Fish, Wildlife, and Related Environmental Values

a) The operator shall, to the extent possible using the best technology currently available, minimize disturbances and adverse impacts of the activities on fish, wildlife, and related environmental values, and shall achieve enhancement of such resources where practicable.

b) No surface mining activity shall be conducted which is likely to jeopardize the continued existence of endangered or threatened species listed by the Secretary of the United States Department of the Interior (Secretary) or which is likely to result in the destruction or adverse modification of designated critical habitats of such species in violation of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.). The operator shall immediately report to the Department any State- or federally-listed endangered or threatened species within the permit area of which the operator becomes aware. Upon notification, the Department shall consult with appropriate State and Federal fish and wildlife agencies and, after consultation, shall identify whether, and under what conditions, the operator may proceed.

c) No surface mining activity shall be conducted in a manner which would result in the unlawful taking of a bald or golden eagle, its nest, or any of its eggs. The operator shall promptly report to the Department any golden or bald eagle nest within the permit area of which the operator becomes aware. Upon notification, the Department shall consult with the U.S. Fish and Wildlife Service and also, where appropriate, the State fish and wildlife agency and after consultation, shall identify whether, and under what conditions, the operator may proceed in order to ensure that the operation is not in violation of the Endangered Species Act of 1973, as amended, (16 U.S.C. 1531 et seq.).

d) Nothing in these regulations shall authorize the taking of an endangered or threatened species or a bald or golden eagle, its nest, or any of its eggs in violation of the Endangered Species Act of 1973, as amended, (16 U.S.C. 1531 et seq.), or the Bald Eagle Protection Act, as amended, (16 U.S.C. 668 et seq.).

e) Each operator shall, to the extent possible using the best technology currently available:

1. Ensure that electric powerlines and other transmission facilities used for, or incidental to, surface mining activities on the permit area are designed and constructed to minimize electrocution hazards to raptors, except where the Department determines that such requirements are unnecessary, due to factors such as the absence of raptors;

2. Locate and operate haul and access roads so as to avoid or minimize impacts on important fish and wildlife species or other species protected by State or Federal law specified in 62 Ill. Adm. Code 1773.12;

3. Design fences, overland conveyers, and other potential barriers to permit passage for large mammals, except where the Department determines that such requirements are unnecessary, due to factors such as the absence of large mammals; and

4. Fence, cover, or use of other appropriate methods to exclude wildlife from ponds which contain hazardous concentrations of toxic-forming materials.

f) The operator conducting surface mining activities shall avoid disturbances to, enhance where practicable, restore, or replace, wetlands, and riparian vegetation along rivers and streams and bordering ponds and lakes. Surface mining activities shall avoid disturbances to, enhance where practicable, or restore, habitats of unusually high value for fish and wildlife such as wetlands and riparian vegetation.

g) Where fish and wildlife habitat is to be a post-mining land use, the plant species to be used on reclaimed areas shall be selected on the basis of the following criteria:

1. Their proven nutritional value for fish or wildlife.

2. Their use as cover for fish or wildlife.

3. Their ability to support and enhance fish or wildlife habitat after the release of performance bonds. The selected plants shall be grouped and distributed in a manner which optimizes edge effect, cover, and other benefits to fish and wildlife.

h) Where cropland is to be the post-mining land use, where appropriate for wildlife and crop management practices, the operator shall intersperse the fields with trees, hedges, or fence rows throughout the harvested area to break up large blocks of monoculture and to diversify habitat types for birds and other animals.

i) Where residential, public service, or industrial uses are to be the post-mining land use, and where consistent with the approved post-mining land use, the operator shall intersperse reclaimed lands with greenbelts utilizing species of grass, shrubs, and trees useful as food and cover for wildlife.

History

• Source: Amended at 20 Ill. Reg. 2027, effective January 19, 1996

62 Ill. Adm. Code 1816.99 Slides and Other Damage

a) An undisturbed natural barrier or constructed outcrop shall be provided beginning at the elevation of the lowest coal seam to be mined and extending from the outslope for such distance as may be determined by the Department as is needed to assure stability. The barrier shall be retained in place to prevent slides and erosion.

b) At any time a slide occurs which may have a potential adverse effect on public property, health, safety, or the environment, the person who conducts the surface mining activities shall notify the Department by the fastest available means and comply with any remedial measures required by the Department.

c) Operators that remove and do not replace the lateral support within a three (3) month period shall not, unless mutually agreed upon by the operator and the adjacent property owner, approach property lines, established right-of-way lines of any public roads, streets or highways closer than a distance, measured horizontally from the property line or right-of-way, equal to ten (10) feet plus one and one-half (1½) times the depth of any excavation except where consolidated materials or materials of sufficient hardness or ability to resist weathering and to inhibit erosion or sloughing exists in the excavation, the distance from the property line or any established right-of-way line shall not, unless mutually agreed, be closer than a distance equal to ten (10) feet plus one and one-half (1½) times the depth from the natural ground surface to the top of the consolidated material or materials. When the operator desires to remove the lateral support and replace it within a three (3) month period, the operator shall submit to the Department a written request for said purpose, outlining how the lateral support shall be replaced within three (3) months. Said request shall be approved or denied by the Department in accordance with 62 Ill. Adm. Code 1774.

History

• Source: Amended at 14 Ill. Reg. 11830, effective January 1, 1991

62 Ill. Adm. Code 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 operations, considering possible environmental ramifications except when such mining operations are conducted in accordance with a variance for concurrent surface and underground mining activities issued under 62 Ill. Adm. Code 1785.18. The Department shall not deny a reasonable extension under Sections 1816.101 through 1816.106 if a permittee can demonstrate that an act of God, strikes, inability to receive ordered equipment or extended periods of unseasonable and not to be expected weather have made completion within time limits impossible. Such extensions shall be made until a specific date determined by the Department.

History

• Source: Amended at 11 Ill. Reg. 8131, effective July 1, 1987

62 Ill. Adm. Code 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 grant additional time for rough backfilling and grading if the permittee can demonstrate, through a detailed written analysis under 62 Ill. Adm. Code 1780.18(b)(3), that additional time is necessary.

b)

1. Area surface mining. Rough backfilling and grading shall be completed within one hundred eighty (180) days following coal removal and shall not be more than four (4) spoil ridges behind the pit being worked, the spoil from the active pit being considered the first ridge. The Department may grant additional time for rough backfilling and grading if the permittee can demonstrate, through a detailed written analysis under 62 Ill. Adm. Code 1780.18(b)(3), that additional time is necessary.

2. Final grading (root medium placement, topsoil/substitute material placement, erosion control system installation) shall be completed in accordance with the approved reclamation plan prior to the expiration of fifteen (15) months after June 30th of the fiscal year in which coal removal occurred.

c) Other Disturbed Areas: All backfilling, rough grading, and final grading of all other disturbed areas shall be completed in accordance with the approved reclamation plan not later than twelve (12) months after cessation of active use as determined by the Department.

History

• Source: Amended at 11 Ill. Reg. 8131, effective July 1, 1987

62 Ill. Adm. Code 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 provided in subsection (h) (small depressions) and in subsection (k)(3)(C) (previously mined highwalls);

3. Achieve a post-mining slope that does not exceed either the angle of repose or such lesser slope as is necessary to achieve a minimum long-term static safety factor of 1.3 and to prevent slides;

4. Minimize erosion and water pollution both on and off the site in accordance with Sections 1816.42 and 1816.95; and

5. Support the approved post-mining land use.

b) Spoil, except excess spoil disposed of in accordance with Sections 1816.71 through 1816.74, shall be returned to the mined-out area.

c) Spoil and waste materials shall be compacted to ensure stability or to prevent leaching of toxic materials.

d) Spoil may be placed on the area outside the mined-out area in nonsteep slope areas to restore the approximate original contour by blending the spoil into the surrounding terrain if the following requirements are met:

1. All vegetative and organic material shall be removed from the area.

2. The topsoil on the area shall be removed, segregated, stored, and redistributed in accordance with Section 1816.22.

3. The spoil shall be backfilled and graded on the area in accordance with the requirements of this Section.

e) Disposal of coal processing waste and underground development waste in the mined-out area shall be in accordance with Sections 1816.81 and 1816.83, except that a long-term static safety factor of 1.3 shall be achieved.

f) Exposed coal seams, acid- and toxic-forming materials, and combustible materials exposed, used, or produced during mining shall be adequately covered with nontoxic and noncombustible material, or treated, to control the impact on surface and groundwater in accordance with Section 1816.41, to prevent sustained combustion, and to be in compliance with the revegetation requirements of Section 1816.111(a) and the approved post-mining land use.

g) Cut-and-fill terraces may be allowed by the Department where:

1. Needed to conserve soil moisture to ensure revegetation, ensure stability, and control erosion on final-graded slopes, if the terraces are compatible with the approved post-mining land use in accordance with Sections 1816.41, 1816.95 and 1816.111; or

2. Specialized grading, foundation conditions, or roads are required for the approved post-mining land use, in which case the final grading may include a terrace to ensure the safety, stability, and erosion control necessary to implement the post-mining land use plan.

h) Small depressions may be constructed if they are needed to minimize erosion, create and enhance wildlife habitat, or assist revegetation by retaining moisture, in accordance with Sections 1816.41, 1816.95, 1816.97 and 1816.111.

i) Permanent impoundments may be approved if they meet the requirements of Sections 1816.49 and 1816.56 .

j) Preparation of final-graded surfaces shall be conducted in a manner that minimizes erosion in accordance with Section 1816.45 and provides a surface for replacement of topsoil that will minimize slippage such as discing and scarification.

k) The post-mining slope may vary from the approximate original contour when:

1. The standards for thin overburden in Section 1816.104 are met;

2. The standards for thick overburden in Section 1816.105 are met; or

3. Approval is obtained from the Department for:

A) Mountaintop removal operations in accordance with 62 Ill. Adm. Code 1785.14;

B) A variance from approximate original contour requirements in accordance with 62 Ill. Adm. Code 1785.16; or

C) Incomplete elimination of highwalls in previously mined areas in accordance with Section 1816.106.

History

• Source: Amended at 14 Ill. Reg. 11830, effective January 1, 1991

62 Ill. Adm. Code 1816.103 Backfilling and Grading: Covering or Treating Coal and Acid- and Toxic-Forming Materials (repealed)

History

• Source: Repealed at 11 Ill. Reg. 8131, effective July 1, 1987

62 Ill. Adm. Code 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 overburden is large and where the operator demonstrates that the spoil and other waste materials available from the entire permit area are insufficient, giving due consideration to volumetric expansion, to restore the disturbed area to its approximate original contour, the operator shall, at a minimum:

a) Use all available spoil and waste materials to attain the lowest practicable grade, but not more than the angle of repose; and

b) Meet the requirements of Sections 1816.102(a)(2) through 1816.102(j).

History

• Source: Amended at 11 Ill. Reg. 8131, effective July 1, 1987

62 Ill. Adm. Code 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 sufficient to restore the disturbed area to approximate original contour, the operator shall, at a minimum, after restoring to approximate original contour:

a) Use the spoil and waste materials to attain the lowest practicable grade, but not more than the angle of repose;

b) Meet the requirements of Sections 1816.102(a)(2) through 1816.102(j); and

c) Dispose of any excess spoil in accordance with Sections 1816.71 through 1816.74.

History

• Source: Amended at 11 Ill. Reg. 8131, effective July 1, 1987

62 Ill. Adm. Code 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 Section 1816.102(a)(1) and (2) requiring the elimination of highwalls shall not apply to remining operations where the volume of all reasonably available spoil is demonstrated in writing to the Department to be insufficient to completely backfill the reaffected or enlarged highwall. The highwall shall be eliminated to the maximum extent technically practical in accordance with the following criteria:

a) All spoil generated by the remining operation and any other reasonably available spoil shall be used to backfill the area. Reasonably available spoil from the previous mining operation in the immediate vicinity of the remining operation shall be included within the permit area.

b) The backfill shall be graded to a slope which is compatible with the approved post-mining land use and which provides drainage and long-term stability in accordance with Sections 1816.41(a) and 1816.102(a)(3).

c) Any highwall remnant shall be stable, as determined by factors such as excessive sloughage and cracking, and not pose a hazard to the public health and safety or to the environment. The operator shall demonstrate that the highwall remnant is stable.

d) Spoil placed on the outslope during previous mining operations shall not be disturbed if such disturbances will cause instability of the remaining spoil or otherwise increase the hazard to the public health and safety or to the environment.

History

• Source: Amended at 11 Ill. Reg. 8131, effective July 1, 1987

62 Ill. Adm. Code 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 rolling terrain with an occasional steep slope through which the mining proceeds and leaves a plain or predominantly flat area or where operations are conducted in accordance with 62 Ill. Adm. Code 1824.

b) The following materials shall not be placed on the downslope.

1. Spoil.

2. Waste materials of any type.

3. Debris, including that from clearing and grubbing.

4. Abandoned or disabled equipment.

c) Land above the highwall shall not be disturbed unless the Department finds that this disturbance will facilitate compliance with the environmental protection standards of 62 Ill. Adm. Code 1810 through 1828 and the disturbance is limited to that necessary to facilitate compliance.

d) Woody materials shall not be buried in the backfilled area unless the Department determines that the proposed method for placing woody material within the backfill will not deteriorate the stable condition of the backfilled area.

History

• Source: Added at 11 Ill. Reg. 8131, effective July 1, 1987

62 Ill. Adm. Code 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 approved permit and reclamation plan that is:

1. Diverse, effective, and permanent;

2. Comprised of species native to the area, or of introduced species where desirable and necessary to achieve the approved post-mining land use and approved by the Department;

3. At least equal in extent of cover to the natural vegetation of the area; and

4. Capable of stabilizing the soil surface from erosion.

b) The reestablished plant species shall:

1. Be compatible with the approved post-mining land use;

2. Have the same seasonal characteristics of growth as the original vegetation;

3. Be capable of self-regeneration and plant succession;

4. Be compatible with the plant and animal species of the area; and

5. Meet the requirements of the Illinois Noxious Weed Law [505 ILCS 100], the Illinois Seed Law [505 ILCS 110] and the Illinois Pesticide Act [415 ILCS 60].

c) In order to prevent soil erosion, the Department shall grant an exemption to the requirements of subsections (b)(2) and (b)(3) when the reestablished species will achieve a quick-growing, temporary stabilizing cover, and measures to establish permanent vegetation are included in the approved permit and reclamation plan.

d) When the Department approved a cropland post-mining land use, the permittee shall be exempt from the requirements of subsections (a)(1), (a)(3), (b)(2), and (b)(3). The requirements of 62 Ill. Adm. Code 1823.15 apply to areas identified as prime farmland.

History

• Source: Amended at 24 Ill. Reg. 5967, effective March 21, 2000

62 Ill. Adm. Code 1816.112 Revegetation: Use of Introduced Species (repealed)

History

• Source: Repealed at 10 Ill. Reg. 8985, effective July 1, 1986

62 Ill. Adm. Code 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 the type of plant materials selected.

b) When the approved reclamation plan includes the planting of trees and/or shrubs, the trees and/or shrubs shall be planted within 2 years after replacement of the plant-growth medium.

History

• Source: Amended at 26 Ill. Reg. 4232, effective March 6, 2002

62 Ill. Adm. Code 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, soil, or slope factors result in a condition where mulch and other soil stabilizing practices are not necessary to control erosion and to promptly establish an effective vegetative cover.

b) Mulches shall be mechanically or chemically anchored to the soil surface to assure effective protection of the soil and vegetation. The Department shall waive the mulch anchoring requirement where seasonal, soil, and/or slope factors result in a condition where anchoring is not necessary to stabilize the mulch.

History

• Source: Amended at 10 Ill. Reg. 8985, effective July 1, 1986

62 Ill. Adm. Code 1816.115 Revegetation: Grazing (repealed)

History

• Source: Repealed at 10 Ill. Reg. 8985, effective July 1, 1986

62 Ill. Adm. Code 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, Office of Mines and Minerals, Land Reclamation Division and Illinois Department of Agriculture, Bureau of Land and Water Resources, October 19, 2021, this incorporation includes no later amendments or additions). The Agricultural Lands Productivity Formula is a program that compares reclaimed field crop yields against projected county yields adjusted annually for weather variations. The Agricultural Lands Productivity Formula is described in writing and made available to the public.

2. Requirements

A) The period of extended responsibility for successful revegetation shall begin after the last year of augmented seeding, fertilizing, irrigation, or other work, excluding husbandry practices that are approved by the Department in accordance with subsection (a)(2)(C).

B) The period of extended responsibility shall continue for a period of not less than 5 full years, except that on lands eligible for remining, the period of responsibility shall be 2 full years. Vegetation parameters identified in subsection (a)(1) shall equal or exceed the approved success standard set forth in subsection (a)(3).

C) The Department shall approve selective husbandry practices, excluding irrigation or augmented seeding or augmented fertilization, without extending the period of responsibility for revegetation success and bond liability, if such practices can be expected to continue as part of the post-mining land use or if discontinuance of the practices after the liability period expires will not reduce the probability of permanent revegetation success. Approved practices shall be normal conservation and land use management practices within the region for unmined lands having land uses similar to the approved post-mining land use of the disturbed area, including such practices as disease, pest, and vermin control; any pruning, reseeding and/or transplanting specifically necessitated by such actions; approved agricultural practices described in the Illinois Agronomy Handbook, 24th Edition (University of Illinois at Champaign-Urbana, University of Illinois Extension, College of Agriculture, Consumer and Environmental Science, (2009; this incorporation includes no later amendments or editions)); and those practices that are a part of an approved conservation plan subject to the Farm Security and Rural Investment Act of 2002 (P.L. 107-171; 116 Stat. 134). On all lands with a postmining land use other than cropland, any areas reseeded or replanted as a part or result of a normal husbandry practice must be sufficiently small in size and limited in extent of occurrence, or part of a hay management plan which is an agricultural practice described by the Illinois Agronomy Handbook or as part of an approved conservation plan subject to the Farm Security and Rural Investment Act of 2002, and the reestablished vegetation must be in place for a sufficient length of time so as not to adversely affect the Department's ability to make a valid determination at the time of bond release as to whether the site has been properly reclaimed to a condition in which it will support a diverse, effective, permanent vegetative cover of the required nature and productivity. Copies of the Illinois Agronomy Handbook and the Farm Security and Rural Investment Act of 2002 are available at the Department's Springfield office.

D) Rill and gully repair on cropland-capable reclaimed land will not be considered augmentation if a permittee has an approved erosion control plan in place in the field pursuant to 62 Ill. Adm. Code 1823.14(g) or 1825.14(f), and shortly after the first rainfall event after the repair, the Department makes the following determinations:

i) the area is a minor erosional feature;

ii) the area is small;

iii) the erosion is not expected to recur; and

iv) the area is stable.

The Department shall notify the permittee in writing whether or not a repair is augmentative after making the determination. Such written notice shall be in the form of an inspection report or other document issued by the Department.

E) Rill and gully repair on noncropland-capable land will not be considered augmentation if, shortly after the first rainfall event after the repair, the Department makes the following determinations:

i) the area is a minor erosional feature;

ii) the area is small;

iii) the erosion is not expected to recur; and

iv) the area is stable.

The Department shall notify the permittee in writing whether or not a repair is augmentative after making the determination. Such written notice shall be in the form of an inspection report or other document issued by the Department.

F) Augmentation

Wetlands shall be considered augmented when significant alterations are made to the size or character of the watershed, pumping is used to maintain water levels, or neutralizing agents, chemical treatments or fertilizers are applied to the wetland area, except that wetlands managed as wildlife food plot areas using agricultural techniques shall not be considered augmented when normal agricultural husbandry practices, such as routine liming and fertilization, are used. The application of neutralization agents and fertilizers used for minor remediation work or repairs is considered a normal husbandry practice and not augmentative. Water level management using permanent water control structures is considered a normal husbandry practice.

G) Other Management Practices

The Department shall approve the use of deep tillage for prime farmland and high capability land as a beneficial practice that will not restart the 5 year period of responsibility, if the following conditions are met:

i) The permittee has submitted a request to use the practice and has identified the field that will be deep tilled;

ii) One or more hay crops, or other acceptable row crops, have been grown or will be grown to dry out the subsoil prior to deep tilling the field; and

iii) The Department has determined that the use of deep tillage will be beneficial to the soil structure and long term crop production of the field and the benefits will continue well beyond the responsibility period.

The Department shall notify the permittee in writing of its decision. Such written notice shall be in the form of an inspection report or other document issued by the Department.

3. Ground cover and production shall be considered equal to the approved success standard when they are not less than 90% of the success standard. The sampling techniques for measuring success shall use a 90% statistical confidence interval (i.e., one-sided t test with a 0.10 alpha error). Vegetative ground cover shall be measured using the technique set forth in 62 Ill. Adm. Code 1816.117(d). Standards for success shall be applied in accordance with the approved post-mining land use and, at a minimum, the following conditions:

A) The vegetative ground cover for areas previously disturbed by mining operations that were not reclaimed to the requirements 62 Ill. Adm. Code 1810 through 1828 and that are remined or otherwise redisturbed by surface coal mining operations, shall not be less than the greater of 70% or the percentage of ground cover existing before redisturbance, and shall be adequate to control erosion during the last year of the responsibility period;

B) For areas to be developed for industrial, commercial or residential use less than 2 years after regrading is completed, the vegetative ground cover shall not be less than that required to control erosion and shall not be less than 70%;

C) For areas designated in the approved reclamation plan as cropland, except those cropland areas subject to 62 Ill. Adm. Code 1823.15, success of revegetation of cropland areas shall be determined in accordance with subsection (a)(4) or (a)(6). Crop production shall be considered successful if it is 90% of that crop production required in subsection (a)(4) or (a)(6) with 90% statistical confidence (i.e., one-sided t test with a 0.10 alpha error) for a minimum of any 2 crop years of a 10 year period prior to release of the performance bond, except the first year of the 5 year responsibility period. During the extended 5 year responsibility period, erosion from cropland must be minimized using equivalent or better management practices than surrounding unmined cropland. The 5 year responsibility period shall begin after the last year of augmented seeding, fertilizing, or soil treatment and at the time of the planting of the crops to be grown for the productivity showing or crops grown in rotation. Crop production for proof of productivity purposes shall be initiated within 10 years after completion of backfilling and final grading. All cropland shall be maintained using proper management practices as set forth in subsection (a)(2)(C) until the end of the responsibility period. Once chosen by the permittee, the productivity alternative in subsection (a)(6) may not be modified without approval from the Department;

D) For areas to be developed for fish and wildlife habitat (including shelter belts), recreation, or forest products land uses, success of revegetation shall be determined on the basis of tree and shrub populations and ground cover. The tree and shrub population and ground cover shall meet the standards described in Section 1816.117;

E) For areas designated as pasture and/or hayland or grazing land in the approved reclamation plan, except for erosion control devices and other structures (i.e., levees, ditches, waterways, impounding structures, etc.) productivity success (tons of grasses and/or legumes per acre) shall be determined in accordance with subsection (a)(4) or (a)(6). Productivity shall be considered successful if it is 90% of the productivity required in subsection (a)(4) or (a)(6) with 90% statistical confidence (i.e., one-sided t test with a 0.10 alpha error) for a minimum of any 2 crop years of a 10 year period prior to release of the performance bond, except the first year of the 5 year extended responsibility period. All pasture, hayland and grazing land shall be maintained using proper management practices as set forth in subsection (a)(2)(C) until the end of the responsibility period. Production for proof of productivity purposes shall be initiated within 10 years after completion of backfilling and final grading. Ground cover shall be considered successful if it is 90% with 90% statistical confidence (i.e., one sided t test with a 0.10 alpha error) for a minimum of any 2 years of a 10 year period prior to the release of the performance bond, except the first year of the 5 year extended responsibility period. On high capability land, the Department shall allow the permittee to substitute corn production for hay production. If determined to be a proper management practice in accordance with subsection (a)(2)(C), the Department shall allow the permittee to substitute one year of crop production of an allowable crop specified in subsection (a)(4)(D) for one year of hay production on limited capability land. Once chosen by the permittee, the productivity alternative in subsection (a)(6) may not be modified without approval from the Department;

F) Non-contiguous areas less than or equal to 4 acres which were disturbed from activities such as, but not limited to, signs, boreholes, power poles, stockpiles and substations shall be considered successfully revegetated if the permittee can demonstrate that the soil disturbance was minor, i.e., the majority of the subsoil remains in place, the soil has been returned to its original capability and the area is supporting its approved post-mining land use at the end of the responsibility period.

4. In order to use the Agricultural Lands Productivity Formula, or the alternative in subsection (a)(6), to determine success of revegetation, the following shall apply:

A) The permittee shall submit annually, by February 15, a one inch equals 500 (1:500) feet or larger scale drawing or aerial photograph delineating:

i) Field boundaries, a field numbering scheme and the total acreage for each field which will be cropped to demonstrate proof of productivity for the coming crop year. The Department shall approve such submittal if the information is correct and accurate. Once field boundaries are established in a submittal, the boundaries shall not be changed without recommencing the responsibility period, unless the submittal is amended in accordance with subsection (a)(4)(A)(ii); and

ii) The crop (e.g., hay, wheat, corn, soybeans, etc.) which will be grown on each field to demonstrate proof of productivity for the coming crop year. The permittee may amend its scale drawing in accordance with 62 Ill. Adm. Code 1774.13(b)(2) until July 15 of the submittal year. Each such amendment shall contain a written explanation of changes from the original submittal and include a map reflecting the changes. A field is an area of land reclaimed by a single reclamation technique that comprises either high capability land or prime farmland or limited capability land. The size of the field and its boundaries are determined by such factors which include, but are not limited to, contour, non-cropped boundaries and size of farming equipment.

B) Fields identified in subsection (a)(4)(A) to be measured for success of revegetation for cropland shall be planted annually to a single approved crop. The current sampling method of the Agricultural Lands Productivity Formula shall apply. Soil and water conservation practices approved in the permit application including but not limited to grass waterways, diversion ditches, contour grass strips, and sedimentation ponds within the boundaries of a field shall be excluded from the sampling requirements of the Agricultural Lands Productivity Formula and shall remain vegetated with permanent ground cover species, where appropriate, to conserve soil and water resources. Subject to rulemaking, the Department in cooperation with the Illinois Department of Agriculture may determine if a portion of a field is a representative sample of the entire field when technology has developed to make it possible through physical and chemical agronomic testing to demonstrate success of vegetation through soil surveys or when statistically valid sampling procedures are developed for determining success of revegetation based upon cropping and sampling a representative portion of the field.

C) Adjustments for abnormal growing conditions shall be accepted by the Department if the adjustments are certified by a qualified professional (American Society of Agronomy certified) or National Association of State Departments of Agriculture crop enumerators used under this Section, whose ability to perform such adjustments has been previously approved by the Department.

D) The crops to be grown shall include those commonly grown on surrounding unmined cropland such as corn, soybeans, hay or wheat. The Department may approve a hay crop use where this is a common use of unmined cropland in the surrounding area. Prime farmland and other cropland areas must include a minimum of one successful year of corn and if the Department has approved its use, a maximum of one successful year each of hay and wheat crops, may be used for the productivity demonstration. If deep tillage has been completed to a minimum depth of 36 inches prior to bond release, the applicant may use more than one successful year of hay or wheat as a crop to be used for the productivity demonstration. The requirement for one successful year of corn remains unchanged under this subsection (a)(4)(D).

5. Wetland revegetation shall be deemed successful when:

A) The applicable wetland vegetation criteria included in the following reference materials have been met: Corps of Engineers Wetlands Delineation Manual (Department of the Army Technical Report Y-87-1, January 1987, published by the Department of the Army, Waterways Experiment Station, Corps of Engineers, P.O. Box 631, Vicksburg, Mississippi 39180-0631) , Regional Supplement to the Corp of Engineers Wetlands Delineation Manual: Midwest Region (Department of the Army ERDC/EL TR-10-16, August 2010, published by the Department of the Army, U.S. Army Engineer Research and Development Center, 3909 Ferry Halls Road, Vicksburg, MS 39180-6199), and the National Wetland Plant List for the State of Illinois (U.S. Army Corps of Engineers 2018, National Wetland Plant List, version 3.4 http://wetland-plants.usace.army.mil). The reference materials are available for inspection and copying at the Department's Springfield office; and

B) Areas designed to support vegetation in the approved plan shall have a minimum areal coverage of 30%. The testing procedure in Section 1816.117(d)(1) through (3) shall be used to evaluate the extent of cover. Areal cover shall be determined to be present if any approved wetland species is measured at the increment. The percentage of areal cover shall be established for the area tested by taking the total number of measurements where areal cover was determined to be present.

6. In order to use the alternative to the Agricultural Lands Productivity Formula to determine success of revegetation, the following shall apply: use of this alternative is contingent upon the permittee demonstrating for the entire field that the soil strength of the entire soil profile will average ≤ 200 psi or has been deep tilled to a minimum depth of 36 inches prior to bond release, and soil fertility will average Optimum Management for pH, P and K values as defined under the current Illinois Agronomy Handbook, and intensive land leveling is implemented, as needed, for the entire field. Areas to be tested are allowed under the provisions of subsection (a)(3)(C) or (E). The alternative to the Agricultural Lands Productivity Formula compares reclaimed field crop yields against an average of the five most recent county yields adjusted annually for weather variations.

The following substitution of the annual pit base yield adjustment shall read:

County Success Factor = Average of the Five Previous County Success Factors

b) The person who conducts surface mining activities shall:

1. Conduct periodic measurements of vegetation, soils, and water prescribed or approved by the Department, to identify if remedial actions are necessary during the applicable period of liability specified in subsection (a); and

2. Initiate a soil compaction and fertility testing plan, subject to the approval of the Department, for areas that have incurred 5 unsuccessful attempts to meet the production required by subsection (a)(3)(C) or (E) or 62 Ill. Adm. Code 1823.15, or shall initiate deep tillage under appropriate soil moisture conditions on the areas, subject to the approval of the Department.

3. Permittees shall submit by February 15 of each year a report of reclamation activities conducted during the previous calendar year, which initiate or may alter the responsibility period or are specifically required by the Department to evaluate a normal husbandry practice, using forms provided by the Department. Examples of reclamation activities to be reported and/or evaluated include but are not limited to crops used in temporary and permanent seedings, grasses and legumes planted, trees and shrubs planted, soil amendments added, and location and type of augmentation activities. The forms shall be submitted with a copy of the approved post-mining land use and capability map depicting the location of such activities. The map shall be planned as a continuous map so the reclamation activities conducted each year may be added and indicated on the map by the dates the activities were conducted.

History

• Source: Amended at 47 Ill. Reg. 2348, effective February 3, 2023

62 Ill. Adm. Code 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 population and vegetative ground cover. Such parameters are described as follows:

1. Trees and shrubs that will be used in determining the success of vegetation and the adequacy of plant arrangement shall have utility for the approved post-mining land use. Tree and/or shrub population shall be considered successful if it meets the population required in subsection (b) with 90% statistical confidence (i.e., one-sided t test with a 0.10 alpha error) during the fifth year of the responsibility period or later in the responsibility period. On lands eligible for remining, the period of responsibility shall be 2 full years. Trees and shrubs counted in determining such success shall be healthy, e.g., not demonstrating abnormal growth, coloring, leaf drop or disease. At the time of bond release such trees and shrubs shall be alive, and shall have been in place for at least 3 growing seasons, i.e. 3 years. On lands eligible for remining, trees and shrubs need not have been in place for 3 years; however, such trees and shrubs shall not be counted in determining success during the same calendar year in which they were planted.

2. Vegetative ground cover shall not be less than required to achieve the approved post-mining land use and shall be adequate to control erosion and shall not be less than 70% during the last year of the responsibility period.

3. Permanent roads, parking lots and similar impervious structures on the revegetated area shall not require the planting of trees and shrubs or herbaceous ground cover. Erosion control structures, including pond embankments, shall not require the planting of trees and shrubs.

4. For purposes of this Section, herbaceous species means grasses, legumes and nonleguminous forbs; woody plants means woody shrubs, trees and vines; and ground cover means the area of ground covered by the combined above ground parts of vegetation and the litter that is produced naturally on site.

5. For purposes of this Section, normal husbandry and conservation practices shall include pruning, disease, pest, vermin and herbaceous vegetation control including mowing, replanting, and rill and gully repairs. The replanting of trees and shrubs in areas described in Section 1816.116(a)(2)(C) shall be limited to 20% of the original approved planting rate during the first year of the responsibility period and 10% of the original approved planting rate during the second year of the responsibility period. The repair of rills and gullies shall be limited to those approved as a normal conservation practice under Section 1816.116(a)(2)(C), (D) and (E).

b) For areas where woody plants are used for fish and wildlife habitat (including shelter belts), or recreation land uses, the area shall have a minimum population of 250 trees or shrubs per acre. Planting arrangements such as hedgerows, border plantings, clump plantings, shelterbelts, and open herbaceous areas which increase diversity within wildlife areas may be approved by the Department on a case-by-case basis prior to planting such areas. Where woody plants are used for forest products land uses, the area shall have a minimum population of 450 trees or shrubs per acre.

c) For areas planted to trees or shrubs including wildlife habitat (including shelter belts), recreation, and forest products land uses, the sampling procedure for measuring populations is described as follows:

1. The permittee shall submit a scale drawing or aerial photograph delineating the fields to be sampled and the total number of acres in each field. A one inch equals 500 (1:500) feet or larger scale shall be used. Once field boundaries are established in a submittal, the boundaries shall not be changed unless the Department approves a request in accordance with 62 Ill. Adm. Code 1774.13.

2. One of the following circular plot sizes shall be selected by the sample enumerator:

Plot Size/Acres

Radius/Feet

1/160

9.31

1/120

10.75

1/100

11.78

1/90

12.41

1/80

13.17

1/70

14.07

1/60

15.20

1/50

16.65

1/40

18.61

1/30

21.50

1/20

26.33

1/10

37.24

1/5

52.66

1/4

58.88

3. The number of plots needed to sample 2.5% of the area will be calculated employing the following formula:

Number of Plots equals 2.5% multiplied by Sample Area in acres divided by plot size.

4. Based on the number of plots needed to be sampled and plot size, locate transect lines an equal distance apart throughout the area to be sampled. Position individual plots an equal distance apart along transect lines. Determine the total length of all transect lines combined and then divide by the total number of plots needed to be sampled. When an individual plot is positioned within 60 feet of the boundary of the area to be sampled, the location of the plot shall be moved perpendicular to the transect line until the plot is 60 feet from the boundary of the area to be sampled or the greatest distance possible where 60 feet cannot be achieved.

5. Sample each plot for compliance with subsections (a)(1) and (b) and record live trees and/or shrubs and species.

6. Calculate population levels as follows:

A) Average number of live trees and/or shrubs per plot equals total number of live trees and/or shrubs divided by number of plots; and

B) Number of live trees and/or shrubs per acre equals average number of live trees and/or shrubs per plot multiplied by plot size denominator.

7. Representatives of the Department shall administer all sampling.

d) Vegetative ground cover shall be measured by the following technique:

1. Twenty random points shall be identified in the area to be tested.

2. A 20 feet engineer's tape shall be extended directly south of each point. If the tape extends beyond the boundary of the area to be tested or extends into an area where herbaceous ground cover has been controlled with herbicides to minimize competition with woody plants, the tape shall be rotated in 90 degree increments until the entire 20 feet length is within the boundary of the area to be tested or area not treated with the herbicide.

3. A measurement shall be taken at each .2 foot increment directly above or below the tape.

4. Ground cover shall be determined to be present if any vegetation identified in subsection (a)(4) is measured at the increment.

5. A percentage of ground cover shall be established for the area tested by taking the total number of measurements where ground cover was determined to be present.

e) For areas where herbaceous vegetation plants are used for fish and wildlife habitat (including shelterbelts), or recreation land uses, vegetative ground cover of approved species shall not be less than required to achieve the approved post-mining land use and shall be adequate to control erosion and shall not be less than 70% during the last year of the responsibility period. Planting arrangements such as hedgerows, border plantings, clump plantings, shelterbelts, and open herbaceous areas that increase diversity within wildlife areas may be approved by the Department on a case-by-case basis prior to planting those areas.

History

• Source: Amended at 47 Ill. Reg. 2348, effective February 3, 2023

62 Ill. Adm. Code 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 abandonment shall not relieve a person of their obligation to comply with any provisions of the approved permit.

b) Before temporary cessation of mining and reclamation operations for a period of thirty (30) days or more, or as soon as it is known that a temporary cessation will extend beyond thirty (30) days, persons who conduct surface mining activities shall submit to the Department a notice of intention to cease or abandon mining and reclamation operations. This notice shall include a statement of the exact number of acres which will have been affected in the permit area, prior to such temporary cessation, the extent and kind of reclamation of those areas which will have been accomplished, and identification of the backfilling, regrading, revegetation, environmental monitoring, and water treatment activities that will continue during the temporary cessation.

62 Ill. Adm. Code 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 underground openings, equipment, structures, or other facilities not required for monitoring, unless approved by the Department as suitable for the post mining land use or environmental monitoring, shall be removed and the affected land reclaimed.

62 Ill. Adm. Code 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 likelihood of restoration: Provided that, no plan of restoration shall be approved unless use of the area as proposed does not:

A) Present any actual or probable hazard to public health or safety;

B) Pose any actual threat of diminution or pollution pursuant to Section 1816.41; or

C) That the proposed land use following restoration is not found to be impracticable or unreasonable by the Department or determined by the Department to be inconsistent with land use policies and plans which are applicable, or to involve unreasonable delay in implementation. No restoration plan shall be approved if the proposed land use following reclamation is violative of other applicable law.

b) The premining capability of land to which the post-mining land capability is compared shall be the capabilities that the land would have supported if it had not been previously mined and had been properly managed. The post-mining land capability for land that has been previously mined and not reclaimed shall be judged on the basis of the land capability that existed prior to any mining: provided that, if the land cannot be reclaimed to the land capability that existed prior to any mining because of the previously mined condition, the post-mining land capability shall be judged on the basis of the highest and the best capability that can be achieved which is compatible with surrounding areas and does not require the disturbance of areas previously unaffected by mining. Quantification of land capability is to be done on the basis of acreage summaries for each land capability category, as defined in 62 Ill. Adm. Code 1701.5. The total acreage for each land capability category should approximate the corresponding premining acreage. Changes in total acreage from one land capability class to another shall require approval in accordance with Section 1816.133(a)(2).

c) In determining the capability of affected land, the Department shall use as a guideline the handbook entitled: Land Capability Classification, Agriculture Handbook No. 210, published by the Natural Resources Conservation Service of the U.S. Department of Agriculture. A copy of this handbook shall be on file with the Department and the Secretary of State. Interested persons may present views respecting the capability of affected lands in the due course of the Department's review of the permit application.

History

• Source: Amended at 20 Ill. Reg. 2027, effective January 19, 1996

62 Ill. Adm. Code 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) Frequently used for access or other purposes for a period in excess of six months; or

C) To be retained for an approved post-mining land use.

3. An ancillary road is any road not classified as a primary road.

b) Performance standards. Each road shall be located, designed, constructed, reconstructed, used, maintained, and reclaimed so as to:

1. Control or prevent erosion, siltation, and the air pollution attendant to erosion, including road dust as well as dust occurring on other exposed surfaces, by measures such as vegetating, watering, using chemical or other dust suppressants, or otherwise stabilizing all exposed surfaces in accordance with current, prudent engineering practices;

2. Control or prevent damage to fish, wildlife, or their habitat and related environmental values;

3. Control or prevent additional contributions of suspended solids to stream flow or runoff outside the permit area;

4. Neither cause nor contribute to, directly or indirectly, the violation of State or Federal water quality standards applicable to receiving waters;

5. Refrain from seriously altering the normal flow of water in streambeds or drainage channels;

6. Prevent or control damage to public or private property, including the prevention or mitigation of adverse effects on lands within the boundaries of units of the National Park System, the National Wildlife Refuge System, the National System of Trails, the National Wilderness Preservation System, the Wild and Scenic Rivers System, including designated study rivers, and National Recreation Areas designated by Act of Congress; and

7. Use nonacid- and nontoxic-forming substances in road surfacing.

c) Design and construction limits and establishment of design criteria. To ensure environmental protection appropriate for their planned duration and use, including consideration of the type and size of equipment used, the design and construction or reconstruction of roads shall incorporate appropriate limits for grade, width, surface materials, surface drainage control, culvert placement, and culvert size in accordance with current, prudent engineering practices, and any necessary design criteria established by the Department.

d) Location.

1. No part of any road shall be located in the channel of an intermittent or perennial stream unless specifically approved by the Department in accordance with applicable sections of 62 Ill. Adm. Code 1816.41 through 1816.43 and 1816.57.

2. Roads shall be located to minimize downstream sedimentation and flooding.

e) Maintenance.

1. A road shall be maintained to meet the performance standards of this Section in accordance with prudent engineering and maintenance practices.

2. A road damaged by a catastrophic event, such as a flood or earthquake, shall be repaired as soon as is practicable after the damage has occurred.

f) Reclamation. A road not to be retained under an approved post-mining land use shall be reclaimed in accordance with the approved reclamation plan as soon as practicable after it is no longer needed for mining and reclamation operations. This reclamation shall include:

1. Closing the road to traffic;

2. Removing all bridges and culverts unless approved as part of the post-mining land use;

3. Removing or otherwise disposing of road-surfacing materials that are incompatible with the post-mining land use and revegetation requirements;

4. Reshaping cut and fill slopes as necessary to be compatible with the post-mining land use and to complement the natural drainage pattern of the surrounding terrain;

5. Protecting the natural drainage patterns by installing dikes or cross-drains as necessary to control surface runoff and erosion; and

6. Scarifying or ripping the roadbed, replacing topsoil or substitute material, and revegetating disturbed surfaces in accordance with 62 Ill. Adm. Code 1816.22 and 1816.111 through 1816.117.

History

• Source: Amended at 15 Ill. Reg. 17166, effective January 1, 1992

62 Ill. Adm. Code 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 qualified registered professional engineer within thirty (30) days after completion of construction. For purposes of this Section, completion of construction shall mean the road is being used for its intended purpose as determined by the Department. The professional engineer shall be experienced in the design and construction of roads, as evidenced by the placement of a registered professional engineer's seal on the report. The report shall indicate that the primary road has been constructed or reconstructed as designed and in accordance with the approved plan.

b) Safety Factor. Each primary road embankment shall be shown to have a minimum static factor of safety of 1.3, or shall be designed in compliance with the following design standards:

1. The embankment foundation area shall be cleared of all organic material and the entire foundation surface shall be scarified;

2. If the natural slope of the foundation as measured at right angles to the roadway center line is steeper than 8H:1V, the embankment shall be benched into the existing slope beginning at the embankment toe and then filled with compacted level lifts;

3. The embankment fill material shall be free of sod, large roots and other large vegetative matter;

4. The fill shall be brought up in horizontal layers of such thickness as required to facilitate compaction in accordance with prudent construction standards;

5. The moisture content of the fill material shall be sufficient to secure proper compaction;

6. The side slopes of the embankment shall be no steeper than 2H:1V;

7. Maximum fill height shall be twenty-five (25) feet as measured from natural ground at the downstream toe to the top of the embankment;

8. Embankments shall have a minimum top width of (H + 35)/5, where "H" is the embankment height as measured from natural ground at the downstream toe to the top of the embankment, and shall be adequate for the intended use.

c) Location.

1. To minimize erosion, a primary road shall be located, insofar as is practicable, on the most stable available surface.

2. Fords of perennial or intermittent streams by primary roads are prohibited unless they are specifically approved by the Department as temporary routes during periods of road construction.

d) Drainage control. In accordance with the approved plan:

1. Each primary road shall be constructed or reconstructed, and maintained to have adequate drainage control, using structures such as, but not limited to bridges, ditches, cross-drains and ditch relief drains. The drainage control system shall be designed to safely pass the peak runoff from a 10-year, 6-hour precipitation event, or greater event as specified by the Department as necessary to ensure proper drainage control design in accordance with prudent engineering practices;

2. Drainage pipes and culverts shall be installed as designed, and maintained in a free and operating condition and to prevent or control erosion at inlets and outlets;

3. Drainage ditches shall be constructed and maintained to prevent uncontrolled drainage over the road surface and embankment;

4. Culverts shall be installed and maintained to sustain the vertical soil pressure, the passive resistance of the foundation, and the weight of vehicles using the road;

5. Natural stream channels shall not be altered or relocated without the prior approval of the Department in accordance with applicable sections of 62 Ill. Adm. Code 1816.41 through 1816.43 and 1816.57; and

6. Except as provided in subsection (c)(2) above, structures for perennial or intermittent stream channel crossings shall be made using bridges, culverts, low-water crossings, or other structures designed, constructed, and maintained using current, prudent engineering practices. The Department shall ensure that low-water crossings are designed, constructed and maintained to prevent erosion of the structure or streambed and additional contributions of suspended solids to streamflow.

e) Surfacing. Primary roads shall be surfaced with material approved by the Department as being sufficiently durable for the anticipated volume of traffic and the weight and speed of vehicles using the road.

History

• Source: Amended at 20 Ill. Reg. 2027, effective January 19, 1996

62 Ill. Adm. Code 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 lines; and water and sewage lines which pass over, under, or through the permit area, unless otherwise approved by the owner of those facilities and the Department.

History

• Source: Amended at 11 Ill. Reg. 8131, effective July 1, 1987

62 Ill. Adm. Code 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 facilities shall be located, maintained, and used in a manner that:

1. Prevents or controls erosion and siltation, water pollution, and damage to public or private property; and

2. To the extent possible using the best technology currently available:

A) Minimizes damage to fish, wildlife and related environmental values; and

B) Minimizes additional contributions of suspended solids to streamflow or runoff outside the permit area. Any such contributions shall not be in excess of the limitations of Section 1816.42.

History

• Source: Amended at 11 Ill. Reg. 8131, effective July 1, 1987

62 Ill. Adm. Code 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 shall be submitted showing the area affected during the fiscal year just ended and the extent of any auger mining. One of the copies submitted shall contain the original signature of a company official. The Department shall require the map to be executed by an engineer registered in accordance with the Professional Engineering Practice Act of 1989 [225 ILCS 325] or a land surveyor registered in accordance with the Illinois Professional Land Surveyor Act of 1989 [225 ILCS 330]. The Department shall then forward one copy to the county clerk.

c) The map shall be planned as a continuous map, so that the area affected each year may be added and indicated on the map by the dates it was affected. Reports as required by Section 1816.190 shall be submitted to the Department on forms provided by the Department. Map scales shall be in accordance with 62 Ill. Adm. Code 1779.25.

d) All maps shall show sections, township, range and county lines coming within the scope of the map; access to the area from the nearest public road and all weather roads within the mined area; and a title containing name of the operator, address, scale of the map, by whom the map was drawn, name of the surveyor or engineer.

History

• Source: Amended at 26 Ill. Reg. 4232, effective March 6, 2002

62 Ill. Adm. Code 1816.APPENDIX A Agricultural Lands Productivity Formula (repealed)

History

• Source: Repealed at 47 Ill. Reg. 2348, effective February 3, 2023

62 Ill. Adm. Code 1816.TABLE A Subsoil Adjustments (repealed)

History

• Source: Repealed at 29 Ill. Reg. 10599, effective July 7, 2005

62 Ill. Adm. Code 1816.TABLE B Soil Variance Codes (repealed)

History

• Source: Repealed at 29 Ill. Reg. 10599, effective July 7, 2005

62 Ill. Adm. Code 1816.TABLE C County Numbering System (repealed)

History

• Source: Repealed at 29 Ill. Reg. 10599, effective July 7, 2005

62 Ill. Adm. Code 1816.TABLE D Sample Points Per Crop Acres (repealed)

History

• Source: Repealed at 29 Ill. Reg. 10599, effective July 7, 2005

62 Ill. Adm. Code 1816.TABLE E Soil Master File (repealed)

History

• Source: Repealed at 29 Ill. Reg. 10599, effective July 7, 2005

62 Ill. Adm. Code 1816.TABLE F Country Cropped Acreage File (repealed)

History

• Source: Repealed at 29 Ill. Reg. 10599, effective July 7, 2005

62 Ill. Adm. Code 1816.EXHIBIT A County Crop Yields by Soil Mapping Unit (repealed)

History

• Source: Repealed at 47 Ill. Reg. 2348, effective February 3, 2023

Part 1817 Permanent Program Performance Standards – Underground Mining Operations

62 Ill. Adm. Code 1817.11 Signs and Markers

a) Specifications. Signs and markers required under this Part shall:

1. Be posted, maintained and removed by the person who conducts the underground mining activities;

2. Be of a uniform design throughout the activities that can be easily seen and read;

3. Be made of durable material; and

4. Conform to local laws and regulations.

b) Duration of maintenance. Signs and markers shall be maintained during all activities to which they pertain.

c) Mine and permit identification signs.

1. Identification signs shall be displayed at each point of access from public roads to areas of surface operations and facilities on permit areas for underground mining activities.

2. Signs will show the name, business address, and telephone number of the person who conducts the underground mining activities and the identification number of the current regulatory program permit authorizing underground mining activities.

3. Signs shall be retained and maintained until after the release of all bonds for the permit area.

d) Perimeter markers. Each person who conducts underground mining activities shall clearly mark the perimeter of all areas affected by the surface operations or facilities before beginning mining activities.

e) Buffer zone markers. Buffer zones required by Section 1817.57 shall be clearly marked to prevent disturbance by surface operations and facilities.

f) Topsoil markers. Where topsoil or other vegetation supporting material is segregated and stockpiled as required under Section 1817.22, the stockpiled material shall be clearly marked.

History

• Source: Amended at 11 Ill. Reg. 8250, effective July 1, 1987

62 Ill. Adm. Code 1817.13 Casing and Sealing of Exposed Underground Openings: General Requirements

Each exploration hole, other drillhole or borehole, shaft, well, or other exposed underground opening shall be cased, lined, or otherwise managed, as approved by the Illinois Department of Natural Resources, Office of Mines and Minerals (Department), to prevent acid or other toxic drainage from entering ground and surface waters, to minimize disturbance to the prevailing hydrologic balance, and to ensure the safety of people, livestock, fish and wildlife, and machinery in the permit area and adjacent area. Each exploration hole, drillhole or borehole, or well that is uncovered or exposed by mining activities within the permit area shall be permanently closed, unless approved for water monitoring, or otherwise managed in a manner approved by the Department. Use of a drilled hole or borehole, or monitoring well as a water well must meet the provisions of Section 1817.41. This Section does not apply to holes solely drilled and used for blasting in the area affected by surface operations.

History

• Source: Amended at 20 Ill. Reg. 1993, effective January 19, 1996

62 Ill. Adm. Code 1817.14 Casing and Sealing of Underground Openings: Temporary

a) Each mine entry which is temporarily inactive, but has a further projected useful service under the approved permit application, shall be protected by barricades or other covering devices, fenced, and posted with signs to prevent access into the entry and to identify the hazardous nature of the opening. These devices shall be periodically inspected and maintained in good operating condition by the person who conducts the underground mining activities.

b) Each exploration hole, other drill or borehole, shaft, well, and other exposed underground opening which have been identified in the approved permit application for use to return underground development waste, coal processing waste, or water to underground workings, or to be used to monitor ground water conditions, shall be temporarily sealed until actual use.

62 Ill. Adm. Code 1817.15 Casing and Sealing of Underground Openings: 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 effects, or unless approved for transfer as a water well under Section 1817.41, each shaft, drift, adit, tunnel, exploratory hole, entryway, or other opening to the surface from underground shall be capped, sealed, backfilled, or otherwise properly managed, as required by the Department, in accordance with Sections 1817.13 and consistent with 30 CFR 75.1711. Permanent closure measures shall be designed to prevent access to the mine workings by people, livestock, fish and wildlife, and machinery, and to keep acid or other toxic drainage from entering ground or surface waters.

History

• Source: Amended at 11 Ill. Reg. 8250, effective July 1, 1987

62 Ill. Adm. Code 1817.21 Topsoil General Requirements (repealed)

History

• Source: Repealed at 11 Ill. Reg. 8250, effective July 1, 1987

62 Ill. Adm. Code 1817.22 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 accordance with subsection (b) shall be removed as a separate layer from the area to be disturbed, and segregated.

2. If topsoil is less than 6 inches thick and no substitutes or supplements are approved in accordance with subsection (b), the operator shall remove a 6 inch layer that includes the A horizon and the unconsolidated materials immediately below or the A horizon and all unconsolidated material if the total available is less than 6 inches and treat the mixture as topsoil.

3. The Department shall not require the removal of topsoil for minor disturbances which:

A) Occur at the site of small structures, such as power poles, signs, fence lines or markers; or

B) Will not destroy the existing vegetation, will not cause erosion and will not degrade the quality or limit the future use of the soil.

4. All material to be removed under this Section shall be removed after the vegetative cover that would interfere with its salvage is cleared from the area to be disturbed, but before any drilling, blasting or mining or other surface disturbance takes place.

b) Substitutes and supplements.

Selected overburden materials may be substituted for, or used as a supplement to, topsoil if the operator demonstrates to the Department that the resulting soil medium is equal to, or more suitable for, sustaining vegetation than the existing topsoil, and the resulting soil medium is the best available in the permit area to support revegetation. The demonstration shall be based upon the information requirements of 62 Ill. Adm. Code 1784.13(b)(4).

c) Storage.

1. Materials removed under subsection (a) if not redistributed immediately shall be segregated and stockpiled.

2. Stockpiled materials shall:

A) Be selectively placed on a stable site within the permit area;

B) Be protected from contaminants and unnecessary compaction that would interfere with revegetation;

C) Be protected from wind and water erosion through prompt establishment and maintenance of an effective, quick growing vegetative cover or through other measures equally effective in controlling erosion approved by the Department; and

D) Not be moved until required for redistribution unless approved by the Department.

3. Where long-term surface disturbances will result from facilities such as support facilities and preparation plants and where stockpiling of materials removed under subsection (a)(1) would be detrimental to the quality or quantity of those materials, the Department shall approve the temporary distribution of the soil materials so removed to an approved site within the permit area to enhance the current use of that site until needed for later reclamation provided that:

A) Such action will not permanently diminish the capability of the topsoil of the host site; and

B) The material will be retained in a condition more suitable for redistribution than if stockpiled.

d) Redistribution.

1. Topsoil materials and topsoil substitutes and supplements removed under subsections (a) and (b) shall be redistributed in a manner that:

A) Achieves an approximate, uniform, stable thickness when consistent with the approved post-mining land use, contours and surface water drainage systems. Soil thickness may also be varied to the extent such variations help meet the specific revegetation goals identified in the permit;

B) Prevents excess compaction of the materials; and

C) Protects the materials from wind and water erosion and contamination before and after seeding and planting.

2. Before redistribution of the material removed under subsection (a) the regraded land shall be treated if necessary to reduce potential slippage of the redistributed material and to promote root penetration. If no harm will be caused to the redistributed material and reestablished vegetation such treatment may be conducted after such material is replaced.

3. The Department shall not require the redistribution of topsoil or topsoil substitutes on the approved post-mining embankments of permanent impoundments or of roads if it determines that:

A) Placement of topsoil or topsoil substitutes on such embankments is inconsistent with the requirement to use the best technology currently available to prevent sedimentation; and

B) Such embankments will otherwise be stabilized.

4. Nutrients and soil amendments shall be applied to the initially redistributed material when necessary to establish the required vegetative cover.

e) Subsoil segregation.

The Department shall require that the B horizon, C horizon or other underlying strata, or portions thereof, be removed and segregated, stockpiled, and redistributed as subsoil in accordance with subsections (c) and (d) if it finds that such subsoil layers are necessary to comply with the revegetation requirements of Sections 1817.111, 1817.113, 1817.114, 1817.116 and 1817.117.

History

• Source: Amended at 47 Ill. Reg. 2390, effective February 3, 2023

62 Ill. Adm. Code 1817.23 Topsoil: Storage (repealed)

History

• Source: Repealed at 11 Ill. Reg. 8250, effective July 1, 1987

62 Ill. Adm. Code 1817.24 Topsoil: Redistribution (repealed)

History

• Source: Repealed at 11 Ill. Reg. 8250, effective July 1, 1987

62 Ill. Adm. Code 1817.25 Topsoil: Nutrients and Soil Amendments (repealed)

History

• Source: Repealed at 11 Ill. Reg. 8250, effective July 1, 1987

62 Ill. Adm. Code 1817.41 Hydrologic Balance Protection

a) General.

All Underground mining and reclamation activities shall be conducted to minimize disturbance of the hydrologic balance within the permit and adjacent areas, to prevent material damage to the hydrologic balance outside the permit area such as diminution of recharge capacity, and to support approved post-mining land uses in accordance with the terms and conditions of the approved permit and the performance standards of this Part. The Department shall require additional preventative, remedial, or monitoring measures to assure that material damage to the hydrologic balance outside the permit area is prevented if the current approved plan is not sufficient to assure this protection. Mining and reclamation practices that minimize water pollution and changes in flow shall be used in preference to water treatment.

b) Ground water protection. In order to protect the hydrologic balance, underground mining activities shall be conducted according to the plan approved under 62 Ill. Adm. Code 1784.14(g). Ground water quality shall be protected by handling earth materials and runoff in a manner that minimizes acidic, toxic, or other harmful infiltration to ground water systems and by managing excavations and other disturbances to prevent or control the discharge of pollutants into the ground water.

c) Ground water monitoring.

1. Ground water monitoring shall be conducted according to the ground water monitoring plan approved under 62 Ill. Adm. Code 1784.14(h). If unanticipated conditions develop, or if an approved operation or reclamation plan is modified or revised, such that the current monitoring program would not detect possible adverse impacts to the hydrologic balance, then the Department shall require additional monitoring including, but not limited to, increased monitoring frequency, additional monitoring wells, or change in the number of parameters being monitored, when it is determined that the proposed, or approved, monitoring plan is not adequate to detect adverse impacts to the hydrologic balance.

2. Ground water monitoring data shall be submitted every three months to the Department or more frequently if necessary to detect possible adverse impacts to the hydrologic balance as prescribed by the Department. Ground water monitoring reports shall be submitted by the first day of the second month following the reporting period, unless the Department specifies an alternative reporting schedule. Monitoring reports shall include analytical results from each sample taken during the reporting period. When the analysis of any ground water sample indicates noncompliance with the permit conditions, then the permittee shall promptly notify the Department and immediately take the actions provided for in 62 Ill. Adm. Code 1773.17(e) and 1784.14(g).

3. Ground water monitoring shall proceed through mining and continue during reclamation until bond release. Consistent with the procedures of 62 Ill. Adm. Code 1774.13, the Department may modify the monitoring requirements when such changes do not diminish the ability to detect adverse impacts to the hydrologic balance, including the parameters covered and the sampling frequencies, if the permittee demonstrates, using the monitoring data obtained under this subsection that:

A) The operation has minimized disturbance to the prevailing hydrologic balance in the permit and adjacent areas and prevented material damage to the hydrologic balance outside the permit area; water quality and quantity are suitable to support approved post-mining land uses; or

B) Monitoring is no longer necessary to achieve the purposes set forth in the monitoring plan approved under 62 Ill. Adm. Code 1784.14(h).

4. Equipment, structures, and other devices used in conjunction with monitoring the quality and quantity of ground water onsite and offsite shall be properly installed, maintained, and operated and shall be removed by the permittee when no longer needed, except as provided for under subsection (g).

d) Surface water protection. In order to protect the hydrologic balance, underground mining activities shall be conducted according to the plan approved under 62 Ill. Adm. Code 1784.14(g) and the following:

1. Surface water quality shall be protected by handling earth materials, groundwater discharges, and runoff in a manner that minimizes the formation of acidic or toxic drainages; prevents, to the extent possible using the best technology currently available, additional contributions of suspended solids to streamflow outside the permit area; and otherwise prevents water pollution. If drainage control, restabilization and revegetation of disturbed areas, diversion of runoff, mulching, or other reclamation and remedial practices are not adequate to meet the requirements of this Section and Section 1817.42, the permittee shall use and maintain the necessary water treatment facilities or water quality controls.

2. Surface water quantity and flow rates shall be protected by handling earth materials and runoff in accordance with the steps outlined in the plan approved under 62 Ill. Adm. Code 1784.14(g).

e) Surface water monitoring.

1. Surface water monitoring shall be conducted according to the surface water monitoring plan approved under 62 Ill. Adm. Code 1784.14(i). If unanticipated conditions develop, or if an approved operation or reclamation plan is modified or revised, such that the current monitoring program would not detect possible adverse impacts to the hydrologic balance, then the Department shall require additional monitoring including, but not limited to, changes in the number of parameters or frequency of sample collection when it is determined that the approved plan is not designed to detect adverse impacts to the hydrologic balance.

2. Surface water monitoring data shall be submitted to the Department every three months, or more frequently if necessary to detect possible adverse impacts to the hydrologic balance as prescribed by the Department. This shall include, but not necessarily be limited to, copies of reports submitted for the National Pollutant Discharge Elimination System (NPDES) sent to the Illinois Environmental Protection Agency (EPA). Copies of NPDES reports shall be sent to the Department by the first day of the second month following the reporting period. Monitoring reports shall include analytical results from each sample taken during the reporting period. When the analytical results of any surface water sample indicates noncompliance with the permit conditions, the permittee shall notify the Department within five days and immediately take the actions provided for in 62 Ill. Adm. Code 1773.17(e) and 1784.14(g). The reporting requirements of this subsection do not exempt the permittee from meeting any NPDES reporting requirements.

3. Surface water monitoring shall proceed through mining and continue until bond release. Consistent with 62 Ill. Adm. Code 1774.13, the Department may modify the monitoring requirements, except those required by the Illinois EPA, when such changes to the approved plan do not diminish the ability to detect adverse impacts to the hydrologic balance, including the parameters covered and sampling frequency if the permittee demonstrates using the monitoring data that:

A) The operation has minimized disturbance to the hydrologic balance in the permit and adjacent areas and prevented material damage to the hydrologic balance outside the permit area; water quantity and quality are suitable to support approved post-mining land uses; and

B) Monitoring is no longer necessary to achieve the purposes set forth in the monitoring plan approved under 62 Ill. Adm. Code 1784.14(i).

4. Equipment, structures, and other devices used in conjunction with monitoring the quality and quantity of surface water onsite and offsite shall be properly installed, maintained, and operated and shall be removed by the permittee when no longer needed, except as provided for in Section 1817.49(b).

f) Acid- and toxic-forming materials.

1. Drainage from acid- and toxic-forming materials and underground development waste into surface water and ground water shall be avoided by:

A) Identifying and burying and/or treating, when necessary, materials which may adversely affect water quality, or be detrimental to vegetation or to public health and safety if not buried and/or treated; and

B) Storing materials in a manner that will protect surface water and ground water by preventing erosion, the formation of polluted runoff, and the infiltration of polluted water. Storage shall be limited to the period until burial and/or treatment first become feasible, and so long as storage will not result in any risk of water pollution or other environmental damage.

2. Storage, burial or treatment practices shall be consistent with other material handling and disposal provisions of Section 1817.102.

g) Before final release of bond, exploratory or monitoring wells shall be sealed in a safe and environmentally sound manner in accordance with Sections 1817.13 and 1817.15. With prior approval of the Department, wells may be transferred to another party for further use. At a minimum, the conditions of such transfer shall comply with State and local law and the permittee shall remain responsible for the proper management of the well until bond release in accordance with Sections 1817.13 and 1817.15.

h) Discharge of water into an underground mine

1. Discharges into an underground mine are prohibited, unless specifically approved by the Department after a demonstration that the discharge will:

A) Minimize disturbance to the hydrologic balance on the permit area, prevent material damage outside the permit area and otherwise eliminate public hazards resulting from underground mining activities;

B) Not result in a violation of water quality standards or effluent limitations set forth in Section 1817.42;

C) Be at a known rate and quality which shall meet the effluent limitations of 62 Ill. Adm. Code 1817.42 for pH and total suspended solids, except that the Department may allow pH and total suspended solids to exceed effluent limits so long as they will not result in any adverse impacts to the hydrologic balance; and

D) Meet with the approval of the Mine Safety and Health Administration.

2. Discharges shall be limited to the following:

A) Water;

B) Coal processing waste;

C) Fly ash from a coal-fired facility;

D) Sludge from an acid-mine drainage treatment facility;

E) Flue-gas desulfurization sludge;

F) Inert materials used for stabilizing underground mines; and

G) Underground mine development wastes.

3. Water from one underground mine may be diverted into other underground workings according to the requirements of this Section.

i) Gravity discharges from underground mines.

1. Surface entries and accesses to underground workings shall be located and managed to prevent or control gravity discharge of water from the mine. Gravity discharges of water from an underground mine, other than a drift mine subject to subsection (i)(2), shall be allowed by the Department if it is demonstrated that the untreated or treated discharge complies with the performance standards of this Part and any additional NPDES permit requirements.

2. Notwithstanding anything to the contrary in subsection (i)(1), the surface entries and accesses of drift mines located in acid-producing or iron-producing coal seams shall be located in such a manner as to prevent any gravity discharge from the mine.

j) Drinking, domestic or residential water supply. The permittee must promptly replace any drinking, domestic or residential water supply that is contaminated, diminished or interrupted by underground mining activities conducted after January 19, 1996, if the affected well or spring was in existence before the date the Department received the permit application for the activities causing the loss, contamination or interruption. The baseline hydrologic information required in 62 Ill. Adm. Code 1780.21 and 1784.14 and the geologic information concerning baseline hydrologic conditions required in 62 Ill. Adm. Code 1780.22 and 1784.22 will be used to determine the impact of mining activities upon the water supply.

History

• Source: Amended at 24 Ill. Reg. 5938, effective March 21, 2000

62 Ill. Adm. Code 1817.42 Hydrologic Balance: Water Quality Standards and Effluent Limitations

Discharges of water from areas disturbed by underground mining activities shall be made in compliance with the Federal Water Pollution Control Act of 1972, as amended (30 USC 1251 et seq.), the Environmental Protection Act [415 ILCS 5] and with effluent limitations for coal mining promulgated by the U.S. Environmental Protection Agency set forth in 40 CFR 434 (1992). 40 CFR 434 (1992) does not include any later amendments or editions.

History

• Source: Amended at 29 Ill. Reg. 9829, effective June 27, 2005

62 Ill. Adm. Code 1817.43 Diversions

a) General Requirements.

1. With the approval of the Department, any flow from mined areas abandoned before May 3, 1978, and any flow from undisturbed areas or reclaimed areas, after meeting the criteria of Section 1817.46 for siltation structure removal, may be diverted from disturbed areas by means of temporary or permanent diversions. All diversions shall be designed to minimize adverse impacts to the hydrologic balance within the permit and adjacent areas, to prevent material damage outside the permit area and to assure the safety of the public. Diversions shall not be used to divert water into underground mines without approval of the Department under Section 1817.41(h).

2. The diversion and its appurtenant structures shall be designed, located, constructed, maintained, and used to:

A) Be stable;

B) Provide protection against flooding and resultant damage to life and property;

C) Prevent, to the extent possible using the best technology currently available, additional contributions of suspended solids to stream flow outside the permit area. Appropriate sediment control measures for diversions may include, but not be limited to, maintenance of appropriate gradients, channel lining, revegetation, roughness structures, and detention basins; and

D) Comply with the Rivers, Lakes, and Streams Act [615 ILCS 5], Section 404 of the Federal Water Pollution Control Act of 1972, as amended (30 USC 1344), and all local ordinances.

3. Temporary diversions shall be removed promptly when no longer needed to achieve the purpose for which they were authorized. The land disturbed by the removal process shall be restored in accordance with this Part. Before diversions are removed, downstream water - treatment facilities previously protected by the diversion shall be modified or removed, as necessary, to prevent overtopping or failure of the facilities. This requirement shall not relieve the permittee from maintaining water treatment facilities as otherwise required. When permanent diversions are constructed or stream channels restored prior to the removal of temporary diversions the permittee shall:

A) Establish, restore, enhance where practicable, or maintain natural riparian vegetation on the banks of the stream, including any area that is subject to annual inundation;

B) Establish or restore the stream to its natural meandering shape and to an environmentally acceptable gradient, as determined by the Department; and

C) Establish or restore the stream to a longitudinal profile and cross - section, including aquatic habitats (usually a pattern of riffles, pools, and drops rather than uniform depth) that approximate premining stream channel characteristics.

4. Diversion design shall incorporate the following:

A) Channel lining shall be designed using standard engineering practices to pass safely the design velocities. Riprap shall consist of non-degradable, non-acid or toxic-forming rock such as sandstone, limestone, or other durable rock that will not slake in water and will be free of coal, clay or shale;

B) Freeboard shall be no less than 0.3 feet, except as provided for in subsection (a)(5). Protection shall be provided for transition of flows and for critical areas such as swales and curves. Where the area protected is a critical area, as determined by the Department, the design freeboard may be increased;

C) Energy dissipators shall be installed, when necessary, at discharge points where diversions intersect with natural streams and exit velocity of the diversion ditch flow is greater than that of the receiving stream;

D) Excess excavated material not necessary for diversion channel geometry or regrading of the channel shall be disposed of in accordance with Sections 1817.71 through 1817.74; and

E) Topsoil shall be handled in compliance with Section 1817.22.

5. If the terrain is such that out-of-bank flows can accommodate the design precipitation event without endangering health or the environment as a result of flooding, such as physical harm or slope failure, the need for diversion ditches may be modified by taking into account channels, banks, and flood plains.

b) Diversions of perennial and intermittent streams.

1. Diversions of perennial and intermittent streams within the permit area are subject to Department approval pursuant to Section 1817.57(a).

2. The design capacity of channels for temporary and permanent stream channel diversions shall be at least equal to the capacity of the unmodified stream channel immediately upstream and downstream from the diversion.

3. The requirements of subsection (a)(2)(B) shall be met when the temporary and permanent diversions for perennial and intermittent streams are designed so that the combination of channel, bank, and floodplain configuration is adequate to pass safely the peak runoff of a 10 year, 6 hour precipitation event for a temporary diversion and a 100 year, 6 hour precipitation event for a permanent diversion.

4. The longitudinal profile of the stream, the channel, and the floodplain shall be designed and constructed to remain stable. Erosion control structures such as channel lining structures, retention basins, and artificial channel roughness structures shall be used in diversions only when approved by the Department as being necessary to control erosion.

5. The design and construction of all stream channel diversions of perennial and intermittent streams shall be sealed by a qualified registered professional engineer as meeting the performance standards of this Part.

c) Diversion of miscellaneous flows.

1. Miscellaneous flows, which consist of all flows except for perennial and intermittent streams, may be diverted away from disturbed areas if required or approved by the Department to lessen environmental impact. Miscellaneous flows shall include ground water discharges and ephemeral streams.

2. The design, location, construction, maintenance, and removal of diversions of miscellaneous flows shall meet all of the performance standards set forth in subsection (a).

3. The requirements of subsection (a)(2)(B) shall be met when the temporary and permanent diversions for miscellaneous flows are designed so that the combination of channel, bank, and floodplain configuration is adequate to pass safely the peak runoff of a 2 year, 6 hour precipitation event for a temporary diversion and a 10 year, 6 hour precipitation event for a permanent diversion.

History

• Source: Amended at 29 Ill. Reg. 9829, effective June 27, 2005

62 Ill. Adm. Code 1817.44 Hydrologic Balance: Stream Channel Diversions (repealed)

History

• Source: Repealed at 11 Ill. Reg. 8250, effective July 1, 1987

62 Ill. Adm. Code 1817.45 Hydrologic Balance: Sediment Control Measures

a) Appropriate sediment control measures shall be designed, constructed, and maintained using the best technology currently available to:

1. Prevent, to the extent possible, additional contributions of sediment to streamflow or to runoff outside the permit area;

2. Meet the more stringent of applicable State or Federal effluent limitations; and

3. Minimize erosion to the extent possible.

b) Sediment control measures include practices carried out within and adjacent to the disturbed area. The sedimentation storage capacity of practices in and downstream from the disturbed area shall reflect the degree to which successful mining and reclamation techniques are applied to reduce erosion and control sediment. Sediment control measures consist of the utilization of proper mining and reclamation methods and sediment control practices, singly or in combination. Sediment control methods include but are not limited to:

1. Disturbing the smallest practicable area at any one time during the mining operation through progressive backfiling, grading, and prompt revegetation as required in Section 1817.111(b);

2. Stabilizing the backfill material to promote a reduction in the rate and volume of runoff, in accordance with the requirements of Section 1817.101;

3. Retaining sediment within disturbed areas;

4. Diverting runoff away from disturbed areas;

5. Diverting runoff using protected channels or pipes through disturbed areas so as not to cause additional erosion;

6. Using straw dikes, riprap, check dams, mulches, vegetative sediment filters, dugout ponds, and other measures that reduce overland flow velocity, reduce runoff volume, or trap sediment;

7. Treating with chemicals; and

8. Treating mine drainage in underground sumps.

62 Ill. Adm. Code 1817.46 Hydrologic Balance: Siltation Structures

a) Definitions. For the purpose of this Section only:

1. Siltation structure means a sedimentation pond, a series of sedimentation ponds, or other treatment facility.

2. Disturbed area shall not include those areas:

A) In which the only underground mining activities include diversion ditches, siltation structures, or roads that are designed, constructed, and maintained in accordance with this Part; and

B) For which the upstream area is not otherwise disturbed by the permittee.

3. Other treatment facilities means any chemical treatments, such as flocculation, or mechanical structures, such as clarifiers, that have a point-source discharge and that are utilized to prevent additional contributions of suspended solids to stream flow or runoff outside the permit area, or to comply with all applicable State and federal water quality laws and regulations.

b) General Requirements.

1. Additional contributions of suspended solids and sediment to stream flow or runoff outside the permit area shall be prevented to the extent possible using the best technology currently available.

2. All surface drainage from the disturbed area shall be passed through a siltation structure before leaving the permit area, except as provided in subsection (b)(5) or (e).

3. Siltation structures for an area shall be constructed before beginning any underground mining activities in that area and, upon construction, shall be sealed by a qualified registered professional engineer to be constructed as designed and as approved in the reclamation plan.

4. Any siltation structure which impounds water shall be designed, constructed, and maintained in accordance with Section 1817.49.

5. Siltation structures shall be maintained until removal is authorized by the Department and the disturbed area has been stabilized and revegetated. In no case shall the structure be removed sooner than two years after the last augmented seeding.

6. When a siltation structure is removed, the land on which the siltation structure was located shall be regraded and revegetated in accordance with the reclamation plan and Sections 1817.111 through 1817.117. Sedimentation ponds approved by the Department for retention as permanent impoundments shall be exempted from this requirement.

7. Any point-source discharge of water from underground workings to surface waters which does not meet the effluent limitations of Section 1817.42 shall be passed through a siltation structure before leaving the permit area.

8. The Department encourages the retention of sedimentation ponds which will receive drainage from agricultural areas in the post-mining land use plan.

c) Sedimentation ponds.

1. When used, sedimentation ponds shall:

A) Be used individually or in series;

B) Be located as near as possible to the disturbed area and out of perennial streams unless approved by the Department in accordance with Section 1817.57; and

C) Be designed, constructed, and maintained to:

i) Provide adequate sediment storage volume;

ii) Provide adequate detention time to allow the effluent from the ponds to meet effluent limitations specified in Section 1817.42;

iii) Contain or treat the ten year, 24 hour precipitation event ("design event") unless a lesser design event is approved by the Department based on terrain, climate, other site specific conditions, and on a demonstration by the permittee that the effluent limitations of Section 1817.42 will be met;

iv) Provide a nonclogging dewatering device adequate to maintain the detention time required under subsection (c)(1)(C)(ii);

v) Minimize, to the extent possible, short circuiting;

vi) Provide periodic sediment removal sufficient to maintain adequate volume for the design event;

vii) Ensure against excessive settlement;

viii) Be free of sod, large roots, frozen soil, and acid- or toxic-forming coal processing waste; and

ix) Be compacted properly.

2. Spillways. A sedimentation pond shall include either a combination of principal and emergency spillways or a single spillway configured as specified in Section 1817.49(a)(9) of this Part.

d) Other treatment facilities.

1. Other treatment facilities shall be designed to treat the ten year, 24 hour precipitation event unless a lesser design event is approved by the Department based on terrain, climate, other site-specific conditions, and a demonstration by the permittee that the effluent limitations of Section 1817.42 will be met.

2. Other treatment facilities shall be designed in accordance with the applicable requirements of subsection (c).

e) Exemptions. Exemptions to the requirements to pass all drainage from disturbed areas through a siltation structure may be granted if the disturbed drainage area within the total disturbed area is small; and

1. Alternate sediment control measures as described in Section 1817.45(b) are used in lieu of a siltation structure, and the permittee demonstrates that siltation structures are not necessary for drainage from the disturbed area to meet the effluent limitations and water quality standards for the receiving waters set forth in Section 1817.42; or

2. The permittee demonstrates that siltation structures and alternate sediment control measures are not necessary for drainage from the disturbed drainage areas to meet the effluent limitations and water quality standards for the receiving waters set forth in Section 1817.42.

History

• Source: Amended at 24 Ill. Reg. 5938, effective March 21, 2000

62 Ill. Adm. Code 1817.47 Hydrologic Balance: Discharge Structures

Discharge from sedimentation ponds, permanent and temporary impoundments, coal processing waste dams and embankments, and diversions shall be controlled, by energy dissipators, riprap channels, and other devices, where necessary, to reduce erosion, to prevent deepening or enlargement of stream channels, and to minimize disturbance of the hydrologic balance. Discharge structures shall be designed according to standard engineering design procedures.

62 Ill. Adm. Code 1817.48 Hydrologic Balance: Acid - Forming and Toxic - Forming Materials (repealed)

History

• Source: Repealed at 11 Ill. Reg. 8250, effective July 1, 1987

62 Ill. Adm. Code 1817.49 Impoundments

a) The requirements of this subsection apply to both temporary and permanent impoundments.

1. Impoundments meeting the Class B or C criteria for dams in the U.S. Department of Agriculture, Soil Conservation Service Technical Release No. 60 (210-VI-TR60, Oct. 1985), "Earth Dams and Reservoirs," shall comply with "Minimum Emergency Spillway Hydrologic Criteria" table in TR-60 and the requirements of this Section.

2. Impoundments meeting the size and other qualifying criteria of 30 CFR 77.216(a) shall comply with the requirements of 30 CFR 77.216 (1998) and this Section. 30 CFR 77.216 does not include any later editions or amendments. The plan required to be submitted to the District Manager of the Mine Safety and Health Administration (MSHA) under 30 CFR 77.216 shall also be submitted to the Department as part of the permit application, insofar as the MSHA informational design standard requirements are duplicative of the requirements of 62 Ill. Adm. Code 1784. In addition, the operator shall submit to the Department any certification issued by MSHA with respect to the design plan.

3. The design of impoundments shall be sealed in accordance with 62 Ill. Adm. Code 1784.16(a) as designed to meet the requirements of this Part using current, prudent engineering practices. The qualified registered professional engineer shall be experienced in the design and construction of impoundments.

4. Stability.

A) An impoundment meeting the Class B or C criteria for dams in TR-60, or the size or other criteria of 30 CFR 77.216(a), shall have a minimum static safety factor of 1.5 for a normal pool with steady state seepage saturation conditions, and a seismic safety factor of at least 1.2.

B) Impoundments not included in subsection (a)(4)(A), except for a coal mine waste impounding structure, and located where failure would not be expected to cause loss of life or serious property damage shall have a minimum static safety factor of 1.3 for a normal pool with steady state seepage saturation conditions, or meet the design, construction and maintenance requirements of U.S. Natural Resources Conservation Service Practice Standard IL 378, "Ponds," June 1992. Practice Standard 378 is hereby incorporated by reference and does not include later editions or amendments.

5. Impoundments shall have adequate freeboard to resist overtopping by waves and by sudden decreases in storage volume. Impoundments meeting the SCS Class B or C criteria for dams in TR-60 shall comply with the freeboard hydrology criteria in the "Minimum Emergency Spillway Hydrologic Criteria" table in TR-60.

6. Foundations.

A) Foundations and abutments for an impounding structure shall be stable during all phases of construction and operation and shall be designed based on adequate and accurate information on the foundation conditions. For an impoundment meeting the Class B or C criteria for dams in TR-60, or the size or other criteria of 30 CFR 77.216(a), foundation investigation, as well as any necessary laboratory testing of foundation material, shall be performed to determine the design requirements for foundation stability.

B) All vegetative and organic materials shall be removed and foundations excavated and prepared to resist failure. Cutoff trenches shall be installed if necessary to ensure stability.

7. Slope protection shall be provided to protect against surface erosion at the site and protect against sudden drawdown.

8. Faces of embankments and surrounding areas shall be vegetated, except that faces where water is impounded may be riprapped or otherwise stabilized in accordance with accepted design practices.

9. Impoundments shall include a combination of principal and emergency spillways which shall be designed and constructed to safely pass the design precipitation event specified in subsection (b) or (c).

10. Inspections. A qualified registered professional engineer or other qualified professional specialist, under the direction of the professional engineer, shall inspect the impoundment. The professional engineer or specialist shall be experienced in the construction of impoundments, as evidenced by the placement of a registered professional engineer's seal on the inspection report.

A) Impoundments meeting the SCS Class B or C criteria for dams in TR-60, or the size or other criteria of 30 CFR 77.216(a), shall be inspected, examined and certified in accordance with 30 CFR 77.216. Annual status reports required under 30 CFR 77.216-4 shall be submitted to the Department within 30 days after the reporting period.

B) All other impoundments shall be inspected at least quarterly during construction, provided at least one inspection is conducted for impoundments completed in less than one quarter, and upon completion of construction. The qualified registered professional engineer shall submit to the Department, within 30 days after each inspection, a sealed report that the impoundment has been constructed as designed and in accordance with the approved plan and this Part.

C) A copy of the reports required in subsections (a)(10)(A) and (B), and the examination reports required in subsection (a)(11), shall be retained at or near the mine site. The Department may approve reports being retained at a different location if there is no permanent mine office.

11. Impoundments which do not meet the SCS Class B or C criteria for dams in TR-60, or subject to 30 CFR 77.216(a), shall be examined at least quarterly by a qualified person designated by the permittee for appearances of instability, structural weakness or other hazardous conditions. At least one of the quarterly examinations conducted during the calendar year shall be sealed by a qualified registered professional engineer and shall include a discussion of any appearances of instability, structural weakness or other hazardous conditions, and any other aspects of the structure affecting stability, and a statement indicating the pond has been maintained in accordance with the approved plan and these regulations. This examination shall be conducted during the period of October 1 through December 31 of each calendar year. The sealed examination report shall be submitted to the Department within 30 days of the examination. Impoundment examinations shall be conducted until the impoundment has been removed or until final bond release in accordance with 62 Ill. Adm. Code 1800.40. If the operator can demonstrate that failure of the structure would not create a potential threat to public health and safety or threaten significant environmental harm, the following impoundments shall be exempt from all examination requirements of this subsection following approval by the Department:

A) Impoundments that are completely incised;

B) Water impounding structures that impound water to a design elevation no more than five feet above the upstream toe of the structure and that can have a storage volume of not more than 20 acre-feet; provided the exemption request is accompanied by a report sealed by a registered professional engineer licensed in the State of Illinois, accurately describing the hazard potential of the structure. Hazard potential must be such that failure of the structure would not create a potential threat to public health and safety or threaten significant environmental harm. The report shall be field verified by the Department prior to approval and periodically thereafter. The Department may terminate the exemption if so warranted by changes in the area downstream of the structure or in the structure itself; and

C) Impoundments that do not facilitate mining or reclamation including, but not limited to, sewage lagoons, landscaping ponds, pools or wetlands in replaced stream channels, existing impoundments not yet used to facilitate mining, ephemeral waterbodies, active mining pits and differential settlement pools.

12. If any examination or inspection discloses that a potential hazard exists, the person who examined the impoundment shall promptly inform the Department of the finding and of the emergency procedures formulated for public protection and remedial action. If adequate procedures cannot be formulated or implemented, the Department shall be notified immediately. The Department shall then notify the appropriate agencies that other emergency procedures are required to protect the public.

b) Permanent impoundments. A permanent impoundment of water may be created, if authorized by the Department in the approved permit, based upon the following demonstration:

1. The size and configuration of the impoundment is adequate for its intended purposes;

2. The quality of impounded water will be suitable on a permanent basis for its intended use and, after reclamation, will meet water quality standards set forth in Section 1817.42, and discharges from the impoundment will meet applicable effluent limitations and will not degrade the quality of receiving water below water quality standards set forth in Section 1817.42;

3. The water level will be sufficiently stable and be capable of supporting the intended use;

4. Final grading will provide for adequate safety and access for proposed water users;

5. The impoundment will not result in the diminution of the quality and quantity of water utilized by adjacent or surrounding landowners for agricultural, industrial, recreational, or domestic uses;

6. The impoundment will be suitable for the approved post-mining land use;

7. The impoundment perimeter slopes shall be consistent with the intended use of the impoundment, not be steeper than the angle of repose and comply with subsection (a)(4). Where surface runoff enters the impoundment area, the side slope shall be protected against erosion.

A) Runoff from above the slope shall be diverted to erosion free outlets.

B) Grading of slopes shall be scheduled to be completed at the onset of the most favorable seeding period;

8. Embankment ponds, those having embankment heights of three feet or greater above natural ground elevation, shall have outslopes of 1v:2h or less and interior slopes to the normal pool elevation of 1v:2h or less;

9. Permanent impoundments.

A) Permanent impoundments not meeting the Class B or C criteria for dams in TR-60, or the size or other qualifying criteria of 30 CFR 77.216(a), shall be provided with a spillway that will safely discharge a 25 year, six hour precipitation event, or such larger event as may be specified by the Department based on factors such as terrain, topography and soil type;

B) Permanent impoundments meeting the size or other criteria of 30 CFR 77.216(a) shall be provided with a spillway that will safely discharge a 100 year, six hour precipitation event, or such larger event as may be specified by the Department based on factors such as terrain, topography and soil type;

C) Permanent impoundments meeting the Class B or C criteria for dams in TR-60 shall be provided with a spillway that meets the criteria in the "Minimum Emergency Spillway Hydrologic Criteria" table in TR-60, or such larger event as may be specified by the Department based on factors such as terrain, topography and soil type;

10. In lieu of the combination principal and emergency spillway requirements of subsection (a)(9) of this Section, an impoundment may have a single spillway configured as set forth in subsections (b)(10)(A) and (B) that is designed and constructed to safely pass the applicable design precipitation specified in subsection (b)(9). The Department shall approve a single open-channel spillway that is:

A) Of nonerodible construction and designed to carry sustained flows; or

B) Earth- or grass-lined and designed to carry short-term infrequent flows at non-erosive velocities where sustained flows are not expected.

c) Temporary impoundments.

1. Temporary impoundments not meeting the Class B or C criteria for dams in TR-60, or the size or other qualifying criteria of 30 CFR 77.216(a), shall be provided with a spillway that will safely discharge a 25 year, six hour precipitation event or such larger event as may be required by the Department based on factors such as terrain, topography and soil type. Temporary impoundments meeting the size or the other criteria of 30 CFR 77.216(a) shall be provided with a spillway that will safely discharge a 100 year, six hour precipitation event, or such larger event as may be specified by the Department based on factors such as terrain, topography and soil type. Temporary impoundments meeting the Class B or C criteria for dams in TR-60 shall be provided with a spillway that meets the criteria in the "Minimum Emergency Spillway Hydrologic Criteria" table in TR-60, or such larger event as may be specified by the Department based on factors such as terrain, topography and soil type.

2. In lieu of the combination principal and emergency spillway requirements of subsection(a)(9) of this Section, an impoundment may have either:

A) A single spillway configured as set forth in subsection (c)(2)(A)(i) or(ii) that is designed and constructed to safely pass the applicable design precipitation specified in subsection (c)(1). The Department shall approve a single open-channel spillway that is:

i) Of nonerodible construction and designed to carry sustained flows; or

ii) Earth- or grass-lined and designed to carry short-term, infrequent flows at non-erosive velocities where sustained flows are not expected; or

B) Sufficient spillway capacity to safely pass, adequate storage capacity to safely contain, or a combination of storage capacity and spillway capacity to safely control the design precipitation event when it is demonstrated by the operator and certified by a qualified registered professional engineer in accordance with 62 Ill. Adm. Code 1784.16(a) that the impoundment will safely control the design precipitation event, the water from which shall be safely removed in accordance with current prudent engineering practices. Impounding structures relying on this method to control runoff shall be located where failure would not be expected to cause loss of life or serious property damage, except where:

i) In the case of an impoundment meeting the SCS Class B or C criteria for dams in TR-60, or the size or other criteria of 30 CFR 77.216(a), it is designed to control the precipitation of the probable maximum precipitation of a 6-hour event, or greater event as specified by the Department.

ii) In the case of an impoundment not included in subsection (c)(2)(B)(i), it is designed to control the precipitation of a 100-year 6-hour event, or greater event as specified by the Department.

History

• Source: Amended at 24 Ill. Reg. 5938, effective March 21, 2000

62 Ill. Adm. Code 1817.50 Hydrologic Balance: Underground Mine Entry and Access Discharges (repealed)

History

• Source: Repealed at 11 Ill. Reg. 8250, effective July 1, 1987

62 Ill. Adm. Code 1817.52 Hydrologic Balance: Surface and Ground Water Monitoring (repealed)

History

• Source: Repealed at 11 Ill. Reg. 8250, effective July 1, 1987

62 Ill. Adm. Code 1817.53 Hydrologic Balance: Transfer of Wells (repealed)

History

• Source: Repealed at 11 Ill. Reg. 8250, effective July 1, 1987

62 Ill. Adm. Code 1817.55 Hydrologic Balance: Discharge of Water Into an Underground

History

• Source: Repealed at 11 Ill. Reg. 8250, effective July 1, 1987

62 Ill. Adm. Code 1817.56 Post – Mining Rehabilitation of Sedimentation Ponds, Diversions, Impoundments and Treatment Facilities

Before abandoning a permit area or seeking bond release, the operator shall ensure that all temporary structures are removed and reclaimed, and that all permanent sedimentation ponds, diversions, impoundments, and treatment facilities meet the requirements of 62 Ill. Adm. Code 1700-1850 for permanent structures, have been maintained properly, and meet the requirements of the approved reclamation plan for permanent structures and impoundments. The operator shall renovate such structures if necessary to meet the requirements 62 Ill. Adm. Code 1700‑1850 and to conform to the approved reclamation plan.

History

• Source: Amended at 11 Ill. Reg. 8250, effective July 1, 1987

62 Ill. Adm. Code 1817.57 Hydrologic Balance: Stream Buffer Zones

a) No surface area within one hundred (100) feet of the top of the bank of the normal channel of a perennial stream or an intermittent stream shall be disturbed by surface operations and facilities of an underground mining operation, except in accordance with Section 1817.43, unless the Department specifically authorizes underground mining activities closer to or through such a stream upon finding:

1. That the original stream channel and its associated riparian vegetation will be restored; and underground mining activities will not cause or contribute to a violation of Section 1817.42 and will not adversely affect the water quantity and quality or other environmental resources of the stream.

2. If there will be a temporary or permanent stream channel diversion, it will comply with Section 1817.43.

b) The area not to be disturbed shall be designated a buffer zone and marked as specified in Section 1817.11.

History

• Source: Amended at 11 Ill. Reg. 8250, effective July 1, 1987

62 Ill. Adm. Code 1817.59 Coal Recovery

Underground mining activities shall be conducted so as to maximize the utilization and conservation of the coal, while utilizing the best technology currently available to maintain environmental integrity, so that reaffecting the land in the future through surface coal mining operations is minimized.

62 Ill. Adm. Code 1817.61 Use of Explosives: General Requirements

a) Sections 1817.61 through 1817.68 apply only to surface blasting activities incident to undergoing mining, including, but not limited to, initial rounds of slopes and shafts that are within 50 vertical feet of the original ground surface.

b) Each person who conducts surface mining activities shall comply with all applicable State and Federal laws in the use of explosives.

c) All blasting operations shall be conducted by persons certified by the Department in accordance with 62 Ill. Adm. Code 1850.

d) Blast design.

1. An anticipated blast design shall be submitted if blasting operations will be conducted within:

A) 1,000 feet of any building used as a dwelling, public building, school, church, or community or institutional building outside the permit area; or

B) 500 feet of an active or abandoned underground mine.

2. The blast design may be presented as part of the permit application or at a time, before the blast, approved by the Department.

3. The blast design shall contain sketches of the drill patterns, delay periods, and decking and shall indicate the type and amount of explosives to be used, critical dimensions, and the location and general description of structures to be protected, as well as a discussion of design factors to be used, which protect the public and meet the applicable air blast, flyrock, and ground vibration standards in Section 1817.67.

4. The blast design shall be prepared and signed by a certified blaster.

History

• Source: Amended at 22 Ill. Reg. 20197, effective November 5, 1998

62 Ill. Adm. Code 1817.62 Use of Explosives: Pre-Blasting Survey

a) At least 30 days before initiation of blasting in a permit area, the operator shall notify, in writing, all residents or owners of structures located within one-half mile of the permit area how to request a pre-blast or condition survey.

b) Upon written request to the Department and the person who conducts the surface mining activities by a resident or owner of a dwelling or structure that is located within one-half mile of any portion of the permitted area, or by the owner of a dwelling or structure at a distance greater than one-half mile from the permit areas but within one mile of the blasting area and within an area determined by the Department to be appropriate in a particular situation on the basis of complaints or other information received by the Department, the person who conducts the surface mining activities shall promptly conduct a pre-blasting survey or a condition survey of the dwelling or structure. For any structure where, in accordance with this Section, a survey has been requested by a previous resident or a previous owner and the survey has been conducted by the permittee and copies of the survey report have been provided to the previous owner or resident and the Department, the permittee shall only be required to provide a copy of the previous completed survey report to any new or subsequent owner upon written request by the new or subsequent owner. If a structure is renovated, modified or added to, subsequent to a pre-blast survey or a condition survey, then upon request to the Department a survey of such additions, modifications and renovations shall be performed in accordance with this Section.

c) The survey shall determine the condition of the dwelling or structure and document any pre-blasting or existing damage and other physical factors that could reasonably be affected by the blasting. Structures such as pipelines, cisterns, wells and other water systems warrant special attention such as the review of construction, drilling or completion specifications; however, the assessment of these structures may be limited to surface conditions

d) Any surveys requested more than ten calendar days prior to the planned initiation of blasting shall be completed by the operator before the start of blasting. If the request is made after the start of blasting the person who conducts the surface mining activity shall conduct a condition survey of the dwelling or structure. A condition survey shall contain information identical to a pre-blasting survey. The intent of this Section is to provide for either a pre-blasting or condition survey only.

e) A written report of the survey shall be prepared and signed by the person who conducted the survey. The report may include recommendations of any special conditions or proposed adjustments to the blasting procedure which should be incorporated into the blasting plan to prevent damage. Copies of the report shall be provided to the person requesting the survey and to the Department within 30 days after the the date the survey was completed. If the person requesting the survey disagrees with the results of the survey, he or she may notify, in writing, both the permittee and the Department of the specific areas of disagreement. Instructions as to whom and to where the written comments on the results of the survey should be forwarded shall be included with the survey report.

History

• Source: Amended at 22 Ill. Reg. 20197, effective November 5, 1998

62 Ill. Adm. Code 1817.64 Use of Explosives: General Performance Standards

a) The operator shall notify, in writing, residents within 1/2 mile of the blasting site, the Department, and local governments of the proposed times and locations of blasting operations. Such notice of times that blasting is to be conducted may be announced weekly, but in no case less than 24 hours before blasting will occur.

b) Unscheduled blasting may be conducted only where public or operator health and safety so require. When an operator conducts an unscheduled blast, the operator, using audible warning signals, shall notify residents within 1/2 mile of the blasting site and document the reason(s) for the unscheduled blast in accordance subsection 1817.68(a)(17).

c) All blasting shall be conducted between sunrise and sunset unless nighttime blasting is approved by the Department based upon a showing by the operator that the public will be protected from adverse noise and other impacts. Protection from adverse noise may include alternatives to the audible warning requirement specified in Section 1817.66(b). The Department may specify more restrictive time periods for blasting.

History

• Source: Amended at 26 Ill. Reg. 4252, effective March 6, 2002

62 Ill. Adm. Code 1817.65 Use of Explosives: Surface Blasting Requirements (repealed)

History

• Source: Repealed at 11 Ill. Reg. 8250, effective July 1, 1987

62 Ill. Adm. Code 1817.66 Use of Explosives: Blasting Signs, Warnings, and Access Control

a) Blasting signs shall meet the specifications of Section 1817.11. The operator shall:

1. Conspicuously display signs reading "Blasting Site" along the edge of any blasting site that comes within 100 feet of any public road right-of-way, and at the point where any other road provides access to the blasting site; and

2. At all entrances to the permit area from public roads or highways, place conspicuous signs which state "Warning! Explosives in Use" and which clearly list and describe the meaning of the audible blast warning and all-clear signals that are in use, and which explain the marking of blasting sites and charged holes awaiting firing within the permit area.

b) Warning and all-clear signals of different character or pattern that are audible within 1/2 mile of the blast shall be given. Each person within the permit area and each person who resides or regularly works within 1/2 mile of the permit area shall be notified of the meaning of the signals in the blasting notification required in Section 1817.64.

c) Access to the blasting site shall be controlled to prevent the presence of livestock or unauthorized personnel during blasting and until an authorized representative of the person who conducts the surface mining activities has reasonably determined:

1. That no unusual circumstances, such as imminent slides or undetonated charges, exist; and

2. That access to and travel in or through the site can be safely resumed.

d) Blasting prohibitions

1. Blasting shall not be conducted within 300 feet of any building used as a dwelling unless waived by the owner or within 300 feet of a school, church, hospital, or nursing facility.

2. Blasting shall not be conducted within 100 feet of facilities including, but not limited to, disposal wells, petroleum or gas storage facilities, municipal water storage facilities, fluid-transmission pipelines, or water and sewage lines unless a waiver is obtained from the owner of the facility and submitted to the Department prior to blasting within 100 feet.

History

• Source: Amended at 26 Ill. Reg. 4252, effective March 6, 2002

62 Ill. Adm. Code 1817.67 Use of Explosives: Control of Adverse Effects

a) Blasting shall be conducted to prevent injury to persons, damage to public or private property outside the permit area, adverse impacts on any underground mine, and change in the course, channel or availability of ground or surface waters outside the permit area.

b) Air blast limits

1. Air blast shall be controlled so that it does not exceed the values specified below at any dwelling, public building, school, church, or commercial or institutional structure, unless such structure is owned by the person who conducts the surface mining activities and is not leased to any other person. If a building owned by the person conducting surface mining activities is leased to another person, the lessee may sign a waiver relieving the operator from meeting the air blast limitations of this subsection. The waiver shall be submitted to the Department before beginning blasting.

Lower frequency limit of

measuring system, Hz +3dB

Maximum

level in dB

0.1 Hz or lower – flat response*

134 peak

2.0 Hz or lower – flat response

133 peak

6.0 Hz or lower – flat response

129 peak

*Only when approved by the Department

2. The measuring systems used shall have a flat frequency response of at least 200 Hz at the upper end.

3. The person who conducts blasting may satisfy the provisions of subsection (b) by meeting any of the three specifications in the chart in subsection (b)(1).

4. If necessary to prevent damages specified in subsection (a), the Department shall specify lower maximum allowable air blast levels than those of subsection (b)(1) for use in the vicinity of a specific blasting operation.

c) Air blast monitoring

1. When the cube root scaled distance, as defined in subsection (c)(2), to the nearest dwelling, public building, school, church, or commercial or institutional structure has a value less than 350 and when the burden to hole depth ratio is greater than 1.0, or the top stemming height is less than 70% of the burden dimension, the air blast produced by the blast shall be measured, recorded, analyzed, and reported pursuant to subsection (g) and Section 1817.68(b).

2. Cube root scaled distance equals the distance, in feet, from the blast to a specified location divided by the cube root of the maximum weight of explosives, in pounds, to be detonated in any eight millisecond period.

3. To ensure compliance with the limits contained in this Section, the Department may require an air blast measurement of any or all blasts, and may specify the location of such measurements.

d) Flyrock, including blasted material traveling in the air, or along the ground, shall not be cast beyond the permit boundaries or beyond the area of regulated access required under Section 1817.66(c), or more than one-half the distance to the nearest dwelling or other occupied structure.

e) Ground vibration limits

1. In all blasting operations, except as otherwise authorized in this Section, the maximum peak particle velocity shall not exceed one inch per second at the location of any dwelling, public building, school, church, or commercial or institutional building. At distances greater than 5,000 feet from the blast to any structures described in this subsection, the maximum allowable peak particle velocity shall not exceed 0.75 inch per second at the locations of the structures described in this subsection. At distances less than 300 feet from the blast to any structures described in this subsection, the maximum allowable peak particle velocity shall not exceed 1.25 inch per second at the locations of the structures described in this subsection. These limits shall apply separately to each component of motion as defined in subsection (g). The Department shall reduce peak particle velocity limits if determined necessary to provide damage protection if so recommended in any pre-blast survey or condition survey report provided pursuant to Section 1817.62.

2. Blasting shall be conducted to prevent adverse impacts on any underground mine and changes in the course, channel, or availability of ground or surface water outside the permit area. Ground vibration limits, including the maximum peak particle velocity limitation of subsection (e)(1), shall not apply at the following locations:

A) At structures owned by the person conducting the mining activity, and not leased to another party;

B) At structures owned by the person conducting the mining activity, and leased to another party, if a written waiver by the lessee is submitted to the Department prior to blasting.

f) Ground vibration monitoring

1. When the scaled distance, as defined below, has a value of less than 65 at the nearest dwelling, public building, school, church, or commercial or institutional structure, a seismograph recording shall be made at or near the closest structure requiring protection.

2. Scaled Distance = The distance, in feet, from the blast to a specified location divided by the square root of the maximum weight of explosives, in pounds, to be detonated in any eight millisecond period.

3. To ensure compliance with the limits contained in this Section, the Department may require a seismograph recording of any or all blasts and may specify the location at which such recordings are made.

g) As used herein, seismograph recording or record or air blast recording or record shall mean a visually inspectable cartesian representation of the time history of the particle velocity levels or air blast levels versus time. Time is represented on the "X" axis. The particle velocity is shown by three traces representing mutually perpendicular components of motion. The components are oriented vertically, transversely, and longitudinally to the horizontal direction from the recording location to the location of the blast. The air blast time history is represented by a single trace. The record or recording includes either an analog representation of, or a written description of the vertical scale for the particle velocity traces and the air blast trace. The units for the particle velocity traces and scale are in inches per second. The units for the air blast trace and scale are millibars, pounds per square inch, or decibels. The recording also includes an analog or descriptive time scale. The time units are in seconds.

History

• Source: Amended at 22 Ill. Reg. 20197, effective November 5, 1998

62 Ill. Adm. Code 1817.68 Use of Explosives: Records of Blasting Operations

a) A record of each blast, including seismograph reports, shall be retained by the operator for at least three (3) years and shall be available for inspection by the Department and the public on request. The record is to be completed by the end of the work day following the day in which the blast occurred, including the seismograph meter reading, if available, and shall contain the following data:

1. Name of the operator conducting the blast;

2. Location, date, and time of blast;

3. Name, signature, and certification number of the blaster conducting the blast;

4. The name of the owner or resident of, and the direction and distance, in feet, to the nearest dwelling, school, church, or commercial, or institutional building either:

A) Not located in the permit area; or

B) Not owned by the person who conducts the surface mining activities;

5. Type of material blasted;

6. Number of holes, burden, and spacing;

7. Diameter and depth of holes;

8. Types of explosives used;

9. Total weight of explosives used;

10. Weight of explosives used per hole;

11. Maximum weight of explosives detonated within any eight (8) millisecond period;

12. Maximum number of holes or decks detonated within any eight (8) millisecond period;

13. Initiation system;

14. Type and length of stemming;

15. Type of delay detonator and delay periods used;

16. Sketch of the delay pattern, including decking;

17. Reasons and conditions for each unscheduled blast;

18. Wind velocity and direction; and

19. Weather conditions, including those which may cause possible adverse blasting effects.

b) Air blast and/or ground vibration recordings, or photographic copies thereof, where required, shall be kept at the mine site office for a period of three (3) years following the date of the blast, and shall be available for inspection by the Department and the public on request. The recordings shall include the following:

1. Maximum air blast and/or ground vibration levels recorded;

2. The exact location of the monitoring equipment, and its distance from the blast, and the date and time of the recording;

3. Name of the person and firm making the recording;

4. Name of the person and firm analyzing the recording. The recording shall be signed and dated by the person performing the analysis; and

5. The type of instrument, sensitivity, and calibration signal or certification of annual calibration. When the recordings required at Sections 1817.67(c) and 1817.67(g) are produced via digitized systems, the sampling rate of the digitizer, in samples per second, shall be stated.

History

• Source: Amended at 15 Ill. Reg. 17239, effective January 1, 1992

62 Ill. Adm. Code 1817.71 Disposal of Excess Spoil: General Requirements

a) Excess spoil shall be placed in designated disposal areas within a permit area, in a controlled manner to:

1. Minimize the adverse effects of leachate and surface water runoff from the fill on surface and ground waters;

2. Ensure mass stability and prevent mass movement during and after construction; and

3. Ensure that the final fill is suitable for reclamation and revegetation compatible with the natural surroundings and the approved post-mining land use.

b) Design certification.

1. The fill and appurtenant structures shall be designed using current, prudent engineering practices. A qualified registered professional engineer experienced in the design of earth and rock fills shall seal the design of the fill and appurtenant structures.

2. The fill shall be designed to attain a minimum long-term static safety factor of 1.5. The foundation and abutments of the fill must be stable under all conditions of construction.

c) All vegetative and organic materials shall be removed from the disposal area prior to placement of the excess spoil. Topsoil shall be removed, segregated, and stored or replaced in accordance with Section 1817.22. If approved by the Department, organic material may be used as mulch or may be included in the topsoil to control erosion, promote growth of vegetation, or increase the moisture retention of the soil.

d) Slope protection shall be provided to minimize surface erosion at the site. All disturbed areas, including diversion channels that are not riprapped, or otherwise protected from erosion, shall be vegetated upon completion of construction.

e) The disposal areas shall be located on the most moderately sloping and naturally stable areas available as approved by the Department. Fill materials suitable for disposal shall be placed upon or above a natural terrace, bench, or berm if such placement provides additional stability and prevents mass movement.

f) Excess spoil shall be transported and placed in a controlled manner in horizontal lifts not exceeding four (4) feet in thickness; concurrently compacted as necessary to ensure mass stability and prevent mass movement during and after construction; graded so that surface and subsurface drainage is compatible with the natural surroundings; and covered with topsoil or substitute material in accordance with Section 1817.22. The Department may approve a design which incorporates placement of excess spoil in horizontal lifts other than four (4) feet in thickness when it is demonstrated by the operator and sealed by a qualified registered professional engineer that the design will ensure the stability of the fill and will meet all other requirements of this Section.

g) The final configuration of the fill must be suitable for the approved post-mining land use. No permanent impoundments are allowed on the completed fill. Small depressions shall be allowed by the Department if they are needed to retain moisture, minimize erosion, create and enhance wildlife habitat, or assist revegetation; and if they are not incompatible with the stability of the fill as set forth in Sections 1817.41(a), 1817.97(a) and 1817.111(a);

h) Terraces may be constructed on the outslope of the fill if required for stability, control of erosion, to conserve soil moisture, or to facilitate the approved post-mining land use as set forth in Sections 1817.41(a) and 1817.111(a). The grade of the outslope between terrace benches shall not be steeper than 2h: 1v (50 percent). Terrace(s) are required where the vertical height of the excess spoil exceeds forty (40) feet.

i) Where the slope in the disposal area exceeds lv:2.8h (thirty-six (36) percent), or such lesser slope designated by the Department based on local conditions, keyway cuts (excavations to stable bedrock) or rock toe buttresses shall be constructed to stabilize the fill. Where the toe of the spoil rests on a downslope, stability analyses shall be performed in accordance with 62 Ill. Adm. Code 1784.19 to determine the size of rock toe buttresses and keyway cuts.

j) A qualified registered professional engineer or other qualified professional specialist under the direction of a registered professional engineer, experienced in the construction of earth and rockfill embankments, shall periodically inspect the fill during construction. Such inspections shall be made at least quarterly throughout construction and during critical construction periods. Critical construction periods shall include, at a minimum, foundation preparation, including the removal of all organic material and topsoil; placement of underdrain and protective filter systems; installation of final surface drainage systems; and the final graded and revegetated fill. Regular inspections by the engineer or specialist shall also be conducted during placement and compaction of fill materials.

1. The qualified registered professional engineer shall provide to the Department a sealed report within two (2) weeks after each inspection that the fill has been constructed and maintained as designed and in accordance with the approved plan and 62 Ill. Adm. Code 1700 through 1850. The report shall include appearances of instability, structural weakness, and other hazardous conditions.

2. The sealed report on the drainage system and protective filters shall include color photographs of the structure taken during and after construction, but before underdrains are covered with excess spoil. If the underdrain system is constructed in phases, each phase shall be sealed separately.

3. Where excess durable rock spoil is placed in single or multiple lifts such that the underdrain system is constructed simultaneously with excess spoil placement by the natural segregation of dumped materials, in accordance with Section 1817.74, color photographs shall be taken of the underdrain as the underdrain system is being formed.

4. The photographs accompanying each sealed report shall be taken in adequate size and number with enough terrain or other physical features of the site shown to provide a relative scale to the photographs and to specifically and clearly identify the site.

5. A copy of each inspection report shall be retained at or near the mine site.

k) Coal processing wastes may be disposed of in excess spoil fills, if such waste is:

1. Placed in accordance with Section 1817.83;

2. Demonstrated to be nontoxic- and nonacid-forming; and

3. Demonstrated to be consistent with the design stability of the fill.

l) Drainage control. If the disposal area contains springs, natural or manmade watercourses, or wet weather seeps, the fill design shall include diversions and underdrains as necessary to control erosion, prevent water infiltration into the fill, and ensure stability.

1. Diversions shall comply with the requirements of Section 1817.43.

2. Underdrains shall consist of durable rock or pipe, be designed and constructed using current, prudent engineering practices. The underdrain system shall be designed to carry the anticipated seepage of water due to rainfall away from seeps and springs in the foundation of the disposal area and shall be protected from piping and contamination by an adequate filter. Rock underdrains shall be constructed of durable, nonacid- , nontoxic-forming rock (e.g., natural sand and gravel, sandstone, limestone, or other durable rock) that does not slake in water or degrade to soil material, and which is free of coal, clay or other nondurable material. Perforated pipe underdrains shall be corrosion resistant and shall have characteristics consistent with the long-term life of the fill.

m) The foundation and abutments of the fill shall be stable under all conditions of construction and operation. Sufficient foundation investigation, as well as any necessary laboratory testing of foundation materials, shall be performed in order to determine the design requirements for stability of the foundation. Analyses of foundation conditions shall include the effect of underground mine workings, if any, upon the stability of the fill and appurtenant structures.

n) Excess spoil may be returned to underground mine workings only in accordance with the disposal plans submitted under 62 Ill. Adm. Code 1784.25 and approved by the Department and MSHA.

o) Excess spoil that is acid- or toxic-forming or combustible shall be adequately covered with nonacid, nontoxic and noncombustible material, or treated, to control the impact on surface and ground water in accordance with Section 1817.41, to prevent sustained combustion, and to minimize adverse effects on plant growth and the approved post-mining land use as set forth in Section 1817.111(a).

p) Face-up operations. Spoil resulting from face-up operations for underground coal mine development may be placed at drift entries as part of a cut and fill structure, if the structure is less than four hundred (400) feet in horizontal length and designed in accordance with this Section.

History

• Source: Amended at 11 Ill. Reg. 8250, effective July 1, 1987

62 Ill. Adm. Code 1817.72 Disposal of Excess Spoil: Valley Fills/Head-of-Hollow Fills

Valley fills and head-of-hollow-fills shall meet all of the requirements of Section 1817.71 and the additional requirements of this Section.

a) Drainage control.

1. The top surface of the completed fill shall be graded such that the final slope after settlement will be toward properly designed drainage channels. Uncontrolled surface drainage may not be directed over the outslope of the fill.

2. Runoff from areas above the fill and runoff from the surface of the fill shall be diverted into stabilized diversion channels designed to meet the requirements of Section 1817.43 and, in addition, to safely pass the runoff from a one hundred (100) year, six (6) hour precipitation event.

b) Rock-core chimney drains. A rock-core chimney drain may be used in a head-of-hollow-fill, instead of the underdrain and surface diversion system normally required, as long as the fill is not located in an area containing intermittent or perennial streams. A rock-core chimney drain may be used in a valley fill if the fill does not exceed two hundred and fifty thousand (250,000) cubic yards of material and upstream drainage is diverted around the fill. The alternative rock-core chimney drain system shall be incorporated into the design and construction of the fill as follows:

1. The fill shall have, along the vertical projection of the main buried stream channel or rill, a vertical core of durable rock at least sixteen (16) feet thick which shall extend from the toe of the fill to the head of the fill, and from the base of the fill to the surface of the fill. A system of lateral rock underdrains shall connect this rock core to each area of potential drainage or seepage in the disposal area. The underdrain system and rock core shall be designed to carry the anticipated seepage of water due to rainfall away from the excess spoil fill and from seeps and springs in the foundation of the disposal area. Rocks used in the rock core and underdrains shall meet the requirements of Section 1817.71(l).

2. A filter system to ensure the proper long-term functioning of the rock core shall be designed and constructed using current, prudent engineering practices.

3. Grading may drain surface water away from the outslope of the fill and toward the rock core. In no case, however, may intermittent or perennial streams be diverted into the rock core. The maximum slope of the top of the fill shall be 33h:1v (three (3) percent). A drainage pocket may be maintained at the head of the fill during and after construction, to intercept surface runoff and discharge the runoff through or over the rock drain, if stability of the fill is not impaired. In no case shall this pocket or sump have a potential capacity for impounding more than ten thousand (10,000) cubic feet of water. Terraces on the fill shall be graded with a three (3) to five (5) percent grade toward the fill and a one (1) percent slope toward the rock core.

History

• Source: Amended at 11 Ill. Reg. 8250, effective July 1, 1987

62 Ill. Adm. Code 1817.73 Disposal of Underground Development Waste and Excess Spoil: Head-of-Hollow Fills (repealed)

History

• Source: Repealed at 11 Ill. Reg. 8250, effective July 1, 1987

62 Ill. Adm. Code 1817.74 Disposal of Excess Spoil: Durable Rock Fills

The Department may approve the alternative method of disposal of excess durable rock spoil by gravity placement in single or multiple lifts, provided the following conditions are met:

a) Except as provided in this Section, the requirements of Section 1817.71 are met.

b) The excess spoil consists of at least eighty (80) percent, by volume, durable, nonacid- and nontoxic-forming rock (e.g., sandstone or limestone) that does not slake in water and will not degrade to soil material. Where used, noncemented clay shale, clay spoil, soil or other nondurable excess spoil material shall be mixed with excess durable rock spoil in a controlled manner such that no more than twenty (20) percent of the fill volume, as determined by tests performed by a registered professional engineer and approved by the Department, is not durable rock.

c) A qualified registered professional engineer seals that the design will ensure the stability of the fill and meet all other applicable requirements of this Part.

d) The fill is designed to attain a minimum long-term static safety factor of 1.5, and an earthquake safety factor of 1.1.

e) The underdrain system may be constructed simultaneously with excess spoil placement by the natural segregation of dumped materials, provided the resulting underdrain system is capable of carrying anticipated seepage of water due to rainfall away from the excess spoil fill and from seeps and springs in the foundation of the disposal area and the other requirements in Section 1817.71 are met.

f) Surface water runoff from areas adjacent to and above the fill is not allowed to flow onto the fill and is diverted into stabilized diversion channels designed to meet the requirements of Section 1817.43 and to safely pass the runoff from a one hundred (100) year, six (6) hour precipitation event.

History

• Source: Added at 11 Ill. Reg. 8250, effective July 1, 1987

62 Ill. Adm. Code 1817.75 Disposal of Excess Spoil: Preexisting Benches

a) The Department may approve the disposal of excess spoil through placement on preexisting benches, provided that all the standards set forth in Section 1817.71(a), (b)(1), (d) through (i) and the requirements of this Section are met.

b) Excess spoil shall be placed only on the solid portion of the preexisting bench.

c) The fill shall be designed, using current, prudent engineering practices, to attain a long-term static safety factor of 1.3 for all portions of the fill.

d) The preexisting bench shall be backfilled and graded to:

1. Achieve the most moderate slope possible which does not exceed the angle of repose; and

2. Eliminate the highwall to the maximum extent technically practical.

e) Disposal of excess spoil from an upper actively mined bench to a lower preexisting bench by means of gravity transport may be approved by the Department provided that:

1. The gravity transport courses are determined on a site-specific basis by the operator as part of the permit application and approved by the Department to minimize hazards to health and safety and to ensure that damage will be minimized between the benches, outside the set course, and downslope of the lower bench should excess spoil accidentally move;

2. All gravity transported excess spoil, including that excess spoil immediately below the gravity transport courses and any preexisting spoil that is disturbed, is rehandled and placed in horizontal lifts in a controlled manner, concurrently compacted as necessary to ensure mass stability and to prevent mass movement, and graded to allow surface and subsurface drainage to be compatible with the natural surroundings and to ensure a minimum long-term static safety factor of 1.3. Excess spoil on the bench prior to the current mining operation that is not disturbed need not be rehandled except where necessary to ensure stability of the fill as determined by factors such as excessive sloughing and cracking;

3. A safety berm is constructed on the solid portion of the lower bench prior to gravity transport of the excess spoil. Where there is insufficient material on the lower bench to construct a safety berm, only that amount of excess spoil necessary for the construction of the berm may be gravity transported to the lower bench prior to construction of the berm.

4. Excess spoil shall not be allowed on the downslope below the upper bench except on designated gravity transport courses properly prepared according to Section 1817.22. Upon completion of the fill, no excess spoil shall be allowed to remain on the designated gravity transport course between the two (2) benches and each transport course shall be reclaimed in accordance with the requirements of this Part.

History

• Source: Added at 11 Ill. Reg. 8250, effective July 1, 1987

62 Ill. Adm. Code 1817.81 Coal Mine Waste: General Requirements

a) All coal mine waste shall be placed in new or existing disposal areas approved by the Department for this purpose. These areas shall be within a permit area. Coal mine waste shall be placed in a controlled manner to:

1. Minimize adverse effects of leachate and surface water runoff on surface and ground water quality and quantity in accordance with Section 1817.41;

2. Ensure mass stability and prevent mass movement during and after construction by:

A) Spreading the coal mine waste in layers no more than twenty-four (24) inches in thickness;

B) Compacting the coal mine waste to prevent spontaneous combustion and to provide the strength required for stability of the coal processing waste bank;

C) Variations shall be allowed in these requirements for the disposal of dewatered fine coal mine waste (minus twenty-eight (28) sieve size) with approval of the Department, if, because of site-specific conditions, compliance with the requirements of subsections (c)(1) and (c)(2) is not necessary to meet performance standards;

3. Ensure that the final disposal facility is suitable for reclamation and revegetation compatible with the natural surroundings and the approved post-mining land uses;

4. Not create a public safety hazard; and

5. Prevent combustion.

b) Coal mine waste materials from activities located outside a permit area, such as those activities at other mines or abandoned mine waste piles may be disposed of in the permit area only if approved by the Department. Approval shall be based on a showing by the person who conducts underground mining activities in the permit area that such disposal will be in accordance with the standards of this Section.

c) Design certification.

1. The disposal facility shall be designed using current, prudent engineering practices and shall meet any design criteria established by the Department. A qualified registered professional engineer, experienced in the design of similar earth and waste structures, shall seal the design of the disposal facility.

2. The disposal facility shall be designed to attain a minimum long-term static safety factor of 1.5. The foundation and abutments must be stable under all conditions of construction.

d) Foundation. Sufficient foundation investigations such as on-site investigations and test borings, as well as any necessary laboratory testing of foundation material, shall be performed in order to determine the design requirements for foundation stability. The analyses of the foundation conditions shall take into consideration the effect of underground mine workings, if any, upon the stability of the disposal facility.

e) Emergency procedures. If any examination or inspection discloses that a potential hazard exists, the Department shall be informed promptly of the finding and of the emergency procedures formulated for public protection and remedial action. If procedures cannot be formulated or implemented to ensure compliance with subsection (a), the Department shall be notified immediately. The Department shall then notify the appropriate agencies that other emergency procedures are required to protect the public.

f) Underground disposal. Coal mine waste may be disposed of in underground mine workings, but only in accordance with a plan approved by the Department and MSHA under 62 Ill. Adm. Code 1784.25.

History

• Source: Amended at 11 Ill. Reg. 8250, effective July 1, 1987

62 Ill. Adm. Code 1817.82 Coal Processing Waste Banks: Site Inspection (repealed)

History

• Source: Repealed at 11 Ill. Reg. 8250, effective July 1, 1987

62 Ill. Adm. Code 1817.83 Coal Mine Waste: Refuse Piles

Refuse piles shall meet the requirements of Section 1817.81, the additional requirements of this Section, and the requirements of 30 CFR 77.214 and 77.215 (1989). 30 CFR 77.214 and 77.215 (1989) do not include any later amendments or editions.

a) Drainage control.

1. If the disposal area contains springs, natural or man-made water courses, or wet weather seeps, the design shall include diversions and underdrains as necessary to control erosion, prevent water infiltration into the disposal facility and ensure stability.

2. Uncontrolled surface drainage may not be diverted over the outslope of the refuse pile. Runoff from the areas above the refuse pile and runoff from the surface of the refuse pile shall be diverted into stabilized diversion channels designed to meet the requirements of Section 1817.43 to safely pass the runoff from a 100 year, six hour precipitation event. Runoff diverted from undisturbed areas need not be commingled with runoff from the surface of the refuse pile.

3. Underdrains shall comply with the requirements of Section 1817.71(1)(2).

b) Surface area stabilization. Slope protection shall be provided to minimize erosion at the site. All disturbed areas, including diversion channels that are not riprapped or otherwise protected from erosion, shall be revegetated upon completion of construction.

c) Placement.

1. All vegetative and organic materials shall be removed from the disposal area prior to placement of coal mine waste. Topsoil shall be removed, segregated and stored or redistributed in accordance with Section 1817.22. If approved by the Department, organic material may be used as mulch, or may be included in the topsoil to control erosion, promote growth of vegetation or increase the moisture retention of the soil.

2. The final configuration of the refuse pile shall be suitable for the approved post-mining land use. Terraces may be constructed on the outslope of the refuse pile if required for stability, erosion control, conservation of soil moisture, or facilitation of the approved post-mining land use. The grade of the outslope between terrace benches shall not be steeper than 2h:1v ( 50%).

3. No permanent impoundments shall be allowed on the completed refuse pile. Small depressions may be allowed by the Department if they are needed to retain moisture, minimize erosion, create and enhance wildlife habitat, or assist revegetation, and if they are not incompatible with stability of the refuse pile.

4. Following final grading of the refuse pile, the coal mine waste shall be covered with a minimum of four feet of the best available nontoxic and noncombustible material, in a manner that does not impede drainage from the underdrains. The Department may allow less than four feet of cover material based on physical and chemical analyses which show that the requirements of Sections 1817.111 through 1817.116 will be met. The Department shall require neutralization material to be added to the coal mine waste if, based on physical and chemical analyses, this material is needed to prevent acid mine drainage. This subsection (c)(4) is also applicable to the reclamation of fine coal waste (slurry) not meeting the definition of refuse piles.

d) Inspections. A qualified registered professional engineer, or other qualified professional specialist under the direction of the professional engineer, shall inspect the refuse pile during construction. The professional engineer or specialist shall be experienced in the construction of similar earth and waste structures.

1. Such inspections shall be made at least quarterly throughout construction and during critical construction periods.

A) Critical construction periods shall include at a minimum:

i) Foundation preparation including the removal of all organic material and topsoil;

ii) Placement of underdrains and protective filter systems;

iii) Installation of final surface drainage systems; and

iv) The final graded and revegetated facility.

B) Regular inspections by the engineer or specialist shall also be conducted during placement and compaction of coal mine waste materials. More frequent inspections shall be conducted if a danger or harm exists to the public health and safety or the environment. Inspections shall continue until the refuse pile has been finally graded and revegetated.

2. The qualified registered professional engineer shall provide a sealed report to the Department promptly after each inspection that the refuse pile has been constructed and maintained as designed and in accordance with the approved plan and 62 Ill Adm. Code 1700 through 1850. The report shall include appearances of instability, structural weakness, and other hazardous conditions.

3. The sealed report on the drainage system and protective filters shall include color photographs taken during and after construction, but before underdrains are covered with coal mine waste. If the underdrain system is constructed in phases, each phase shall be sealed separately. The photographs accompanying each sealed report shall be taken in adequate size and number with enough terrain or other physical features of the site shown to provide a relative scale to the photographs and to specifically and clearly identify the site.

4. A copy of each inspection report shall be retained at or near the mine site.

History

• Source: Amended at 22 Ill. Reg. 20197, effective November 5, 1998

62 Ill. Adm. Code 1817.84 Coal Mine Waste: Impounding Structures

New and existing impounding structures constructed of coal mine waste or intended to impound coal mine waste shall meet the requirements of Section 1817.81.

a) Coal mine waste shall not be used for construction of impounding structures unless it has been demonstrated to the Department that the stability of such a structure conforms to the requirements of this Part and the use of coal mine waste will not have a detrimental effect on downstream water quality or the environment due to acid seepage through the impounding structure. The stability of the structure and the potential impact of acid mine seepage through the impounding structure shall be discussed in detail in the design plan submitted to the Department in accordance with 62 Ill. Adm. Code 1780.25.

b) Construction Requirements

1. Each impounding structure constructed of coal mine waste or intended to impound coal mine waste shall be designed, constructed and maintained in accordance with Section 1817.49(a) and (c). Such structures may not be retained permanently as part of the approved post-mining land use.

2. Each impounding structure constructed of coal mine waste or intended to impound coal mine waste that meets the criteria of 30 CFR 77.216(a) shall have sufficient spillway capacity to safely pass, adequate storage capacity to safely contain, or a combination of storage capacity and spillway capacity to safely control the probable maximum precipitation of a 6-hour precipitation event or greater event as specified by the Department after consideration of factors such as watershed size and characteristics necessary to ensure design in accordance with prudent engineering practices.

c) Spillways and outlet works shall be designed to provide adequate protection against erosion and corrosion in accordance with Section 1817.47. Inlets shall be protected against blockage.

d) Drainage control. Runoff from areas above the disposal facility or runoff from the surface of the facility that causes instability or erosion of the impounding structure shall be diverted into stabilized diversion channels designed to meet the requirements of Section 1817.43 and designed to safely pass the runoff from a one hundred (100) year, six (6) hour design precipitation event.

e) Impounding structures constructed of or impounding coal mine waste shall be designed so that at least ninety (90) percent of the water stored during the design precipitation event can be removed within a ten (10) day period.

f) For an impounding structure constructed of or impounding coal mine waste, at least ninety (90) percent of the water stored during the design precipitation event shall be removed within the 10-day period following the design precipitation event.

History

• Source: Amended at 17 Ill. Reg. 11031, effective July 1, 1993

62 Ill. Adm. Code 1817.85 Coal Processing Waste Banks: Construction Requirements (repealed)

History

• Source: Repealed at 11 Ill. Reg. 8250, effective July 1, 1987

62 Ill. Adm. Code 1817.86 Coal Processing Waste: Burning (repealed)

History

• Source: Repealed at 11 Ill. Reg. 8250, effective July 1, 1987

62 Ill. Adm. Code 1817.87 Coal Mine Waste: Burning and Burned Waste Utilization

a) Coal mine waste fires shall be extinguished by the person who conducts the underground mining activities, in accordance with a plan approved by the Department and the Mine Safety and Health Administration. The plan shall contain, at a minimum, provisions to ensure that only those persons authorized by the operator, and who have an understanding of the procedures to be used, shall be involved in the extinguishing operations.

b) No burning or unburned coal mine waste shall be removed from a permitted disposal area without a removal plan approved by the Department. Consideration shall be given to potential hazards to persons working or living in the vicinity of the structure.

History

• Source: Amended at 11 Ill. Reg. 8250, effective July 1, 1987

62 Ill. Adm. Code 1817.88 Coal Processing Waste: Return to Underground Workings (repealed)

History

• Source: Repealed at 11 Ill. Reg. 8250, effective July 1, 1987

62 Ill. Adm. Code 1817.89 Disposal of Noncoal Mine Wastes

a) Noncoal mine wastes including, but not limited to, grease, lubricants, paints, flammable liquids, garbage, abandoned mining machinery, timber, and other combustible materials generated during underground mining activities shall be placed and stored in a controlled manner in a designated portion of the permit area. Placement and storage shall ensure that leachate and surface runoff do not degrade surface or ground water, fires are prevented, and that the area remains stable and suitable for reclamation and revegetation compatible with the natural surroundings.

b) Final disposal of noncoal mine wastes shall be in a designated disposal site in the permit area, or a permitted solid waste disposal area. Disposal sites in the permit area shall be designed and constructed to ensure that leachate and drainage from the noncoal mine waste area does not degrade surface or underground water. Wastes shall be routinely compacted and covered to prevent combustion and wind-borne waste. When disposal is completed a minimum of two feet of soil cover shall be placed over the site, slopes stabilized, and revegetation accomplished in accordance with Sections 1817.111 through 1817.117. Operation of the disposal site shall be conducted in accordance with all local, State, and Federal requirements. Areas reclaimed to cropland capability shall have a minimum of four feet of suitable soil cover.

c) At no time shall any noncoal mine waste be deposited in a refuse pile or impounding structure, nor shall any excavation for a noncoal mine waste disposal site be located within eight feet of any coal outcrop or coal storage area.

d) Notwithstanding any other provision in 62 Ill. Adm. Code 1700 through 1850, any noncoal mine waste defined as "hazardous" under Section 3001 of the Resource Conservation and Recovery Act (RCRA) (P.L. 94-580, as amended) and 40 CFR Part 261 shall be handled in accordance with the requirements of Subtitle C of RCRA and in accordance with the Illinois Environmental Protection Act as implemented by Title 35, Subtitle G, Part 721.

History

• Source: Amended at 24 Ill. Reg. 5938, effective March 21, 2000

62 Ill. Adm. Code 1817.91 Coal Processing Waste: Dams and Embankments: General Requirements (repealed)

History

• Source: Repealed at 11 Ill. Reg. 8250, effective July 1, 1987

62 Ill. Adm. Code 1817.92 Coal Processing Waste: Dams and Embankments: Site Preparation (repealed)

History

• Source: Repealed at 11 Ill. Reg. 8250, effective July 1, 1987

62 Ill. Adm. Code 1817.93 Coal Processing Waste: Dams and Embankments: Design and Construction (repealed)

History

• Source: Repealed at 11 Ill. Reg. 8250, effective July 1, 1987

62 Ill. Adm. Code 1817.94 Coal Processing Waste: Time Requirement for Completion of Covering (repealed)

History

• Source: Repealed at 11 Ill. Reg. 8250, effective July 1, 1987

62 Ill. Adm. Code 1817.95 Stabilization of Surface Areas

a) All exposed surface areas shall be protected and stabilized to control erosion and air pollution attendant to erosion in accordance with Section 1817.45(a).

b) Rills and gullies, greater than nine (9) inches, which form in areas that have been regraded and topsoiled and rills and gullies of lesser size which the Department determines either disrupt the approved post-mining land use or the reestablishment of the vegetative cover, or cause or contribute to a violation of Section 1817.42 for receiving streams shall be filled, regraded, or otherwise stabilized; topsoil shall be replaced; and the areas shall be reseeded or replanted.

History

• Source: Added 11 Ill. Reg. 8250, effective July 1, 1987

62 Ill. Adm. Code 1817.97 Protection of Fish, Wildlife and Related Environmental Values

a) The operator shall, to the extent possible using the best technology currently available, minimize disturbances and adverse impacts of the activities on fish, wildlife, and related environmental values, and shall achieve enhancement of such resources where practicable.

b) No underground mining activity shall be conducted which is likely to jeopardize the continued existence of endangered or threatened species listed by the Secretary of the United States Department of the Interior (Secretary) or which is likely to result in the destruction or adverse modification of designated critical habitats of such species in violation of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.). The operator shall immediately report to the Department any State- or federally-listed endangered or threatened species within the permit area of which the operator becomes aware. Upon notification, the Department shall consult with appropriate State and Federal fish and wildlife agencies and, after consultation, shall identify whether, and under what conditions, the operator may proceed.

c) No underground mining activity shall be conducted in a manner which would result in the unlawful taking of a bald or golden eagle, its nest, or any of its eggs. The operator shall promptly report to the Department any golden or bald eagle nest within the permit area of which the operator becomes aware. Upon notification, the Department shall consult with the U.S. Fish and Wildlife Service and also, where appropriate, the State fish and wildlife agency and after consultation, shall identify whether, and under what conditions, the operator may proceed in order to ensure that the operation is not in violation of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.).

d) Nothing in these regulations shall authorize the taking of an endangered or threatened species or a bald or golden eagle, its nest, or any of its eggs in violation of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.), or the Bald Eagle Protection Act, as amended (16 U.S.C. 668 et seq.).

e) Each operator shall, to the extent possible using the best technology currently available:

1. Ensure that electric powerlines and other transmission facilities used for, or incidental to, underground mining activities on the permit area are designed and constructed to minimize electrocution hazards to raptors, except where the Department determines that such requirements are unnecessary due to factors, such as the absence of raptors;

2. Locate and operate haul and access roads so as to avoid or minimize impacts on important fish and wildlife species or other species protected by State or Federal law specified in 62 Ill. Adm. Code 1773.12;

3. Design fences, overland conveyers, and other potential barriers to permit passage for large mammals, except where the Department determines that such requirements are unnecessary due to factors, such as the absence of large mammals; and

4. Fence, cover, or use other appropriate methods to exclude wildlife from ponds which contain hazardous concentrations of toxic-forming materials.

f) The operator conducting underground mining activities shall avoid disturbances to, enhance where practicable, restore, or replace, wetlands, and riparian vegetation along rivers and streams and bordering ponds and lakes. Underground mining activities shall avoid disturbances to, enhance where practicable, or restore, habitats of unusually high value for fish and wildlife such as wetlands and riparian vegetation.

g) Where fish and wildlife habitat is to be a post-mining land use, the plant species to be used on reclaimed areas shall be selected on the basis of the following criteria:

1. Their proven nutritional value for fish or wildlife.

2. Their use as cover for fish or wildlife.

3. Their ability to support and enhance fish or wildlife habitat after the release of performance bonds. The selected plants shall be grouped and distributed in a manner which optimizes edge effect, cover, and other benefits to fish and wildlife.

h) Where cropland is to be the post-mining land use, where appropriate for wildlife and crop management practices, the operator shall intersperse the fields with trees, hedges, or fence rows throughout the harvested area to break up large blocks of monoculture and to diversify habitat types for birds and other animals.

i) Where residential, public service, or industrial uses are to be the post-mining land use, and where consistent with the approved post-mining land use, the operator shall intersperse reclaimed lands with greenbelts utilizing species of grass, shrubs, and trees useful as food and cover for wildlife.

History

• Source: Amended at 20 Ill. Reg. 1993, effective January 19, 1996

62 Ill. Adm. Code 1817.99 Slides and Other Damage

At any time a slide occurs which may have a potential adverse effect on public property, health, safety, or the environment, the person who conducts the underground mining activities shall notify the Department by the fastest available means and comply with any remedial measures required by the Department.

62 Ill. Adm. Code 1817.100 Contemporaneous Reclamation and Subsidence Control

Reclamation efforts, including, but not limited to, backfilling, grading, topsoil replacement, and revegetation; and subsidence control efforts pursuant to 62 Ill. Adm. Code 1817.121, of all areas affected by surface operations shall occur as contemporaneously as practicable with mining operations, considering possible environmental ramifications except when such mining impacts incident to an underground mine are conducted in accordance with a variance for concurrent surface and underground mining activities issued under 62 Ill. Adm. Code 1785.18. The Department shall not deny a reasonable extension under Sections 1817.101 through 1817.106 if a permittee can demonstrate that an act of God, strikes, inability to receive ordered equipment, or extended periods of unseasonable and not to be expected weather have made completion within time limits impossible. Such extensions shall be made until a specific date is determined by the Department.

History

• Source: Amended at 11 Ill. Reg. 8250, effective July 1, 1987

62 Ill. Adm. Code 1817.101 Backfilling and Grading: General Requirements

a) Surface areas disturbed incident to underground mining activities shall be backfilled and graded in accordance with the time schedule approved by the Department as a condition of the permit, but not later than 12 months after cessation of active use as determined by the Department.

b) Backfilling and grading.

1. Backfilled material shall be placed to minimize adverse effects on ground water, minimize off-site effects, and support the approved post-mining land use;

2. The post-mining grades slopes need not be uniform;

3. Cut-and-fill terraces may be used only in those situations expressly identified in Section 1817.102; and

4. Mine development wastes, excess spoil, and coal processing waste disposal areas shall be reclaimed in a manner to support the approved post-mining land use.

History

• Source: Amended at 24 Ill. Reg. 5938, effective March 21, 2000

62 Ill. Adm. Code 1817.102 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 provided in subsection (h) (small depressions) and in subsection (k)(2) (previously mined highwalls);

3. Achieve a post-mining slope that does not exceed either the angle of repose or such lesser slope as is necessary to achieve a minimum long-term static safety factor of 1.3 and to prevent slides;

4. Minimize erosion and water pollution both on and off the site in accordance with Sections 1817.42 and 1817.95; and

5. Support the approved post-mining land use.

b) Spoil, except as provided in subsection (l), and except excess spoil disposed of in accordance with Sections 1817.71 through 1817.74, shall be returned to the mined-out area.

c) Spoil and waste materials shall be compacted to ensure stability or to prevent leaching of toxic materials.

d) Spoil may be placed on the area outside the mined-out area in nonsteep slope areas to restore the approximate original contour by blending the spoil into the surrounding terrain if the following requirements are met:

1. All vegetative and organic material shall be removed from the area.

2. The topsoil on the area shall be removed, segregated, stored, and redistributed in accordance with Section 1817.22.

3. The spoil shall be backfilled and graded on the area in accordance with the requirements of this Section.

e) Disposal of coal processing waste and underground development waste in the mined-out area shall be in accordance with Sections 1817.81 and 1817.83, except that a long-term static safety factor of 1.3 shall be achieved.

f) Exposed coal seams, acid- and toxic-forming materials, and combustible materials exposed, used, or produced during mining shall be adequately covered with nontoxic and noncombustible material, or treated, to control the impact on surface and ground water in accordance with Section 1817.41, to prevent sustained combustion, and to be in compliance with the revegetation requirements of Section 1817.111(a) and the approved post-mining land use.

g) Cut-and-fill terraces may be allowed by the Department where:

1. Needed to conserve soil moisture to ensure revegetation, ensure stability, and control erosion on final graded slopes, if the terraces are compatible with the approved post-mining land use, in accordance with Sections 1817.41, 1817.95 and 1817.111; or

2. Specialized grading, foundation conditions, or roads are required for the approved post-mining land use, in which case the final grading may include a terrace to ensure the safety, stability, and erosion control necessary to implement the post-mining land use plan.

h) Small depressions may be constructed if they are needed to minimize erosion, create and enhance wildlife habitat, or assist revegetation by retaining moisture, in accordance with Sections 1817.71, 1817.95, 1817.97 and 1817.111.

i) Permanent impoundments may be approved if they meet the requirements of Sections 1817.49 and 1817.56.

j) Preparation of final graded surfaces shall be conducted in a manner that minimizes erosion in accordance with Section 1817.45 and provides a surface for replacement of topsoil that will minimize slippage such as discing and scarification.

k) The post-mining slope may vary from the approximate original contour when approval is obtained from the Department for:

1. A variance from approximate original contour requirements in accordance with 62 Ill. Adm. Code 1785.16; or

2. Incomplete elimination of highwalls in previously mined areas in accordance with Section 1817.106.

l) Regrading of settled and revegetated fills to achieve approximate original contour at the conclusion of underground mining activities shall not be required if the conditions of subsection (l)(1) or (l)(2) are met.

A) Settled and revegetated fills shall be composed of spoil or nonacid- or nontoxic-forming underground development waste.

B) The spoil or underground development waste shall not be located so as to be detrimental to the environment, to the health and safety of the public, or to the approved post-mining land use.

C) Stability of the spoil or underground development waste shall be demonstrated through standard geotechnical analysis to be consistent with backfilling and grading requirements for material on the solid bench (1.3 static safety factor) or excess spoil requirements for material not placed on a solid bench (1.5 static safety factor).

D) The surface of the spoil or underground development waste shall be vegetated according to Section 1817.116 and surface runoff shall be controlled in accordance with Section 1817.43.

2. If it is determined by the Department that disturbance of the existing spoil or underground development waste would increase environmental harm or adversely affect the health and safety of the public, the Department may allow the existing spoil or underground development waste pile to remain in place. The Department may require stabilization of such spoil or underground development waste in accordance with the requirements of subsections (l)(1)(A) through (l)(1)(D).

History

• Source: Amended at 11 Ill. Reg. 8250, effective July 1, 1987

62 Ill. Adm. Code 1817.103 Backfilling and Grading: Covering Coal and Acid- and Toxic - Forming Materials (repealed)

History

• Source: Repealed at 11 Ill. Reg. 8250, effective July 1, 1987

62 Ill. Adm. Code 1817.106 Backfilling and Grading: Previously Mined Areas

Remaining operations on previously mined areas that contain a preexisting highwall shall comply with the requirements of Sections 1817.102 through 1817.107, except as provided in this Section. The requirements of Section 1817.102(a)(1) and (2) requiring that elimination of highwalls shall not apply to remining operations where the volume of all reasonably available spoil from the previous mining operations is demonstrated in writing to the Department to be insufficient to completely backfill the reaffected or enlarged highwall. The highwall shall be eliminated to the maximum extent technically practical in accordance with the following criteria:

a) All spoil generated by the remining operation and any other reasonably available spoil shall be used to backfill the area. Reasonably available spoil from the previous mining operation in the immediate vicinity of the remining operation shall be included within the permit area;

b) The backfill shall be graded to a slope which is compatible with the approved post-mining land use and which provides drainage and long-term stability in accordance with Sections 1817.41(a) and 1817.102(a)(3);

c) Any highwall remnant shall be stable as determined by factors such as excessive sloughage and cracking and not pose a hazard to the public health and safety or to the environment. The operator shall demonstrate that the highwall remnant is stable; and

d) Spoil placed on the outslope during previous mining operations shall not be disturbed if such disturbances will cause instability of the remaining spoil or otherwise increase the hazard to the public health and safety or to the environment.

History

• Source: Amended at 11 Ill. Reg. 8250, effective July 1, 1987

62 Ill. Adm. Code 1817.107 Backfilling and Grading: Steep Slopes

a) Underground mining activities on steep slopes shall be conducted so as to meet the requirements of Sections 1817.102 through 1817.106, and the requirements of this Section.

b) The following materials shall not be placed on the downslope:

1. Spoil;

2. Waste materials of any type;

3. Debris, including that from clearing and grubbing; and

4. Abandoned or disabled equipment.

c) Land above the highwall shall not be disturbed unless the Department finds that this disturbance will facilitate compliance with the environmental protection standards of 62 Ill. Adm. Code 1810 through 1828, and the disturbance is limited to that necessary to facilitate compliance.

d) Woody materials shall not be buried in the backfilled area unless the Department determines that the proposed method for placing woody material within the backfill will not deteriorate the stable condition of the backfilled area.

History

• Source: Added at 11 Ill. Reg. 8250, effective July 1, 1987

62 Ill. Adm. Code 1817.111 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 approved permit and reclamation plan and that is:

1. Diverse, effective, and permanent;

2. Comprised of species native to the area, or of introduced species where desirable and necessary to achieve the approved post-mining land use and approved by the Department;

3. At least equal in extent of cover to the natural vegetation of the area; and

4. Capable of stabilizing the soil surface from erosion.

b) The reestablished plant species shall:

1. Be compatible with the approved post-mining land use;

2. Be capable of self-regeneration and plant succession;

3. Be compatible with the plant and animal species of the area; and

4. Meet the requirements of the State and Federal seed, poisonous and noxious plant, and introduced species laws or regulations cited in 62 Ill. Adm. Code 1816.111(b)(5).

c) In order to prevent soil erosion, the Department shall grant an exemption to the requirements of subsection (b)(2) when the reestablished species will achieve a quick-growing, temporary stabilizing cover, and measures to establish permanent vegetation are included in the approved permit and reclamation plan.

d) When the Department approves a cropland post-mining land use, the permittee shall be exempt from the requirements of subsections (a)(1), (a)(3) and (b)(2). The requirements of 62 Ill. Adm. Code 1823.15 apply to areas identified as prime farmland.

History

• Source: Amended at 24 Ill. Reg. 5938, effective March 21, 2000

62 Ill. Adm. Code 1817.112 Revegetation: Use of Introduced Species (repealed)

History

• Source: Repealed at 10 Ill. Reg. 9606, effective July 1, 1986

62 Ill. Adm. Code 1817.113 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 the type of plant materials selected.

b) When the approved reclamation plan includes the planting of trees and/or shrubs, the trees and/or shrubs shall be planted within two years after replacement of the plant-growth medium.

History

• Source: Amended at 26 Ill. Reg. 4252, effective March 6, 2002

62 Ill. Adm. Code 1817.114 Revegetation: Mulching and Other Soil Stabilizing Practices

a) Mulch or 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, soil, or slope factors result in a condition where mulch and other soil stabilizing practices are not necessary to control erosion and to promptly establish an effective vegetative cover.

b) Mulches shall be mechanically or chemically anchored to the soil surface to assure effective protection of the soil and vegetation. The Department shall waive the mulch anchoring requirement where seasonal, soil, and/or slope factors result in a condition where anchoring is not necessary to stablize the mulch.

History

• Source: Amended at 10 Ill. Reg. 9606, effective July 1, 1986

62 Ill. Adm. Code 1817.115 Revegetation: Grazing (repealed)

History

• Source: Repealed at 10 Ill. Reg. 9606, effective July 1, 1986

62 Ill. Adm. Code 1817.116 Revegetation: Standards for Success

a) Success of Revegetation

1. Success of revegetation shall be judged in accordance with this Section, Section 1817.117, and as described in the Agricultural Lands Productivity Formula (Illinois Department of Natural Resources, Office of Mines and Minerals, Land Reclamation Division and Illinois Department of Agriculture, Bureau of Land and Water Resources October 19, 2021, this incorporation includes no later amendments or additions). The Agricultural Lands Productivity Formula is a program that compares reclaimed field crop yields against projected county yields adjusted annually for weather variations. The Agricultural Lands Productivity Formula is described in writing and made available to the public.

2. Requirements

A) The period of extended responsibility for successful revegetation shall begin after the last year of augmented seeding, fertilizing, irrigation, or other work, excluding husbandry practices that are approved by the Department in accordance with subsection (a)(2)(C).

B) The period of extended responsibility shall continue for a period of not less than 5 full years, except that on lands eligible for remining, the period of responsibility shall be 2 full years. Vegetation parameters identified in subsection (a)(1) shall equal or exceed the approved success standard set forth in subsection (a)(3).

C) The Department shall approve selective husbandry practices, excluding irrigation or augmented seeding or augmented fertilization, without extending the period of responsibility for revegetation success and bond liability, if such practices can be expected to continue as part of the post-mining land use or if discontinuance of the practices after the liability period expires will not reduce the probability of permanent revegetation success. Approved practices shall be normal conservation and land use management practices within the region for unmined lands having land uses similar to the approved post-mining land use of the disturbed area, including such practices as diseases, pest, and vermin control; any pruning, reseeding and/or transplanting specifically necessitated by such actions; approved agricultural practices described in the Illinois Agronomy Handbook, 24th Edition (University of Illinois at Champaign-Urbana, University of Illinois Extension, College of Agriculture, Consumer and Environmental Science, (2009; this incorporation includes no later amendments or editions)); and those practices that are a part of an approved conservation plan subject to the Farm Security and Rural Investment Act of 2002 (P.L. 107-171; 116 Stat. 134). On all lands with a post-mining land use other than cropland, any areas reseeded or replanted as a part or result of a normal husbandry practice must be sufficiently small in size and limited in extent of occurrence, or part of a hay management plan which is an agricultural practice described by the Illinois Agronomy Handbook or as part of an approved conservation plan subject to the Farm Security and Rural Investment Act of 2002, and the reestablished vegetation must be in place for a sufficient length of time so as not to adversely affect the Department's ability to make a valid determination at the time of bond release as to whether the site has been properly reclaimed to a condition in which it will support a diverse, effective, permanent vegetative cover of the required nature and productivity. The Illinois Agronomy Handbook is published by the University of Illinois-Cooperative Extension Service, Office of Agricultural Communications and Education, 69E Mumford Hall, 1301 West Gregory Drive, Urbana, Illinois 61801. Copies of the Illinois Agronomy Handbook and the Farm Security and Rural Investment Act of 2002 are available at the Department's Springfield office.

D) Rill and gully repair on cropland-capable reclaimed land will not be considered augmentation if a permittee has an approved erosion control plan in place in the field pursuant to 62 Ill. Adm. Code 1823.14(g) or 1825.14(f), and shortly after the first rainfall event after the repair, the Department makes the following determinations:

i) the area is a minor erosional feature;

ii) the area is small;

iii) the erosion is not expected to recur; and

iv) the area is stable.

The Department shall notify the permittee in writing whether or not a repair is augmentative. Such written notice shall be in the form of an inspection report or other document issued by the Department.

E) Rill and gully repair on noncropland-capable land will not be considered augmentation if, shortly after the first rainfall event after the repair, the Department makes the following determinations:

i) the area is a minor erosional feature;

ii) the area is small;

iii) the erosion is not expected to recur; and

iv) the area is stable.

The Department shall notify the permittee in writing whether or not a repair is augmentative. Such written notice shall be in the form of an inspection report or other document issued by the Department.

F) Augmentation

Wetlands shall be considered augmented when significant alterations are made to the size or character of the watershed, pumping is used to maintain water levels, or neutralizing agents, chemical treatments or fertilizers are applied to the wetland area, except that wetlands managed as wildlife food plot areas using agricultural techniques shall not be considered augmented when normal agricultural husbandry practices, such as routine liming and fertilization, are used. The application of neutralization agents and fertilizers used for minor remediation work or repairs is considered a normal husbandry practice and not augmentative. Water level management using permanent water control structures is considered a normal husbandry practice.

G) Other Management Practices

The Department shall approve the use of deep tillage for prime farmland and high capability land as a beneficial practice that will not restart the 5 year period of responsibility, if the following conditions are met:

i) The permittee has submitted a request to use the practice and has identified the field that will be deep tilled;

ii) One or more hay crops, or other acceptable row crops, have been grown or will be grown to dry out the subsoil prior to deep tilling the field; and

iii) The Department has determined that the use of deep tillage will be beneficial to the soil structure and long term crop production of the field and the benefits will continue well beyond the responsibility period.

The Department shall notify the permittee in writing of its decision. Such written notice shall be in the form of an inspection report or other document issued by the Department.

3. Ground cover and production shall be considered equal to the approved success standard when they are not less than 90% of the success standard. The sampling techniques for measuring success shall use a 90% statistical confidence interval (i.e., one-sided t test with a 0.10 alpha error). Vegetative ground cover shall be measured using the technique set forth in 62 Ill. Adm. Code 1817.117(d). Standards for success shall be applied in accordance with the approved post-mining land use and, at a minimum, the following conditions:

A) The vegetative ground cover for areas previously disturbed by mining operations that were not reclaimed to the requirements of 62 Ill. Adm. Code 1800 through 1828, and that are remined or otherwise redisturbed by surface coal mining operations, shall not be less than the greater of 70% or the percentage of ground cover existing before redisturbance, and shall be adequate to control erosion during the last year of the responsibility period;

B) For areas to be developed for industrial, commercial or residential use less than 2 years after regrading is completed, the vegetative ground cover shall not be less than that required to control erosion and shall not be less than 70%;

C) For areas designated in the approved reclamation plan as cropland, except those cropland areas subject to 62 Ill. Adm. Code 1823.15, success of revegetation of cropland areas shall be determined in accordance with 62 Ill. Adm. Code 1816.116(a)(4) or (a)(6). Crop production shall be considered successful if it is 90% of that crop production required in 62 Ill. Adm. Code 1816.116(a)(4) or (a)(6). Crop production shall be considered successful if it is 90% of that crop production required in 62 Ill. Adm. Code 1816.116(a)(4) or (a)(6) with 90% statistical confidence (i.e., one-sided t test with a 0.10 alpha error) for a minimum of any 2 crop years of a 10 year period prior to release of the performance bond, except the first year of the 5 year responsibility period. During the extended 5 year responsibility period, erosion from cropland must be minimized using equivalent or better management practices than surrounding unmined cropland. The 5 year responsibility period shall begin after the last year of augmented seeding, fertilizing, or soil treatment and at the time of the planting of the crops to be grown for the productivity showing or crops grown in rotation. Crop production for proof of productivity purposes shall be initiated within 10 years after completion of backfilling and final grading. All cropland shall be maintained using proper management practices as set forth in subsection (a)(2)(C) until the end of the responsibility period. Once chosen by the permittee, the productivity alternative in 62 Ill. Adm. Code 1816.116(a)(6) may not be modified without approval from the Department;

D) For areas to be developed for fish and wildlife habitat (including shelter belts), recreation, or forest products land uses, success of revegetation shall be determined on the basis of tree and shrub populations and ground cover. The tree and shrub population and ground cover shall meet the standards described in Section 1817.117;

E) For areas designated as pasture and/or hayland or grazing land in the approved reclamation plan, except for erosion control devices and other structures (i.e., levees, ditches, waterways, impounding structure, etc.) productivity success (tons of grasses and/or legumes per acre) shall be determined in accordance with 62 Ill. Adm. Code 1816.116(a)(4) or (a)(6). Productivity shall be considered successful if it is 90% of the productivity required in 62 Ill. Adm. Code 1816.116(a)(4) or (a)(6) with 90% statistical confidence (i.e., one-sided t test with a 0.10 alpha error) for a minimum of any 2 crop years of a 10 year period prior to release of the performance bond, except the first year of the 5 year extended responsibility period. All pasture, hayland and grazing land shall be maintained using proper management practices as set forth in subsection (a)(2)(C), until the end of the responsibility period. Production for proof of productivity purposes shall be initiated within 10 years after completion of backfilling and final grading. Ground cover shall be considered successful if it is 90% with 90% statistical confidence (i.e., one sided t test with a 0.10 alpha error) for a minimum of any 2 years of a 10 year period prior to the release of the performance bond, except the first year of the 5 year extended responsibility period. On high capability land, the Department shall allow the permittee to substitute corn production for hay production. If determined to be a proper management practice in accordance with subsection (a)(2)(C), the Department shall allow the permittee to substitute one year of crop production of an allowable crop specified in 62 Ill. Adm. Code 1816.116(a)(4)(D) for one year of hay production on limited capability land. Once chosen by the permittee, the productivity alternative in 62 Ill. Adm. Code 1816.116(a)(6) may not be modified without approval from the Department; and

F) Non-contiguous areas less than or equal to 4 acres which were disturbed from activities such as, but not limited to, signs, boreholes, power poles, stockpiles and substations shall be considered successfully revegetated if the permittee can demonstrate that the soil disturbance was minor, i.e., the majority of the subsoil remains in place, the soil has been returned to its original capability and the area is supporting its approved post-mining land use at the end of the responsibility period.

4. In order to use the Agricultural Lands Productivity Formula, or the alternative under 62 Ill. Adm. Code 1816.116(a)(6), to determine success of revegetation, the requirements of 62 Ill. Adm. Code 1816.116(a)(4) shall apply.

5. Wetland revegetation shall be deemed successful when:

A) The applicable wetland vegetation criteria included in the following reference materials have been met: Corps of Engineers Wetlands Delineation Manual (Department of the Army Technical Report Y-87-1, January 1987, published by the Department of the Army, Waterways Experiment Station, Corps of Engineers, P.O. Box 631, Vicksburg, Mississippi 39180-0631), Regional Supplement to the Corp of Engineers Wetlands Delineation Manual: Midwest Region (Department of the Army ERDC/EL TR-10-16, August 2010, published by the Department of the Army, U.S. Army Engineer Research and Development Center, 3909 Ferry Halls Road, Vicksburg, MS 39180-6199), and the National Wetland Plant List for the State of Illinois (U.S. Army Corps of Engineers 2018, National Wetland Plant List, version 3.4 http://wetland-plants.usace.army.mil). The reference materials are available for inspection and copying at the Department's Springfield office; and

B) Areas designed to support vegetation in the approved plan shall have a minimum areal coverage of 30%. The testing procedure in Section 1817.117(d)(1) through (3) shall be used to evaluate the extent of cover. Areal cover shall be determined to be present if any approved wetland species is measured at the increment. The percentage of areal cover shall be established for the area tested by taking the total number of measurements where areal cover was determined to be present.

b) The person who conducts underground mining activities shall:

1. Conduct periodic measurements of vegetation, soils, and water prescribed or approved by the Department, to identify if remedial actions are necessary during the applicable period of liability specified in subsection (a).

2. Initiate a soil compaction and fertility testing plan, subject to the approval of the Department, for areas that have incurred five unsuccessful attempts to meet the production required by subsection (a)(3)(C) or (E) or 62 Ill. Adm. Code 1823.15, or shall initiate deep tillage under appropriate soil moisture conditions on the areas, subject to the approval of the Department.

3. Permittees shall submit by February 15 of each year a report of reclamation activities conducted during the previous calendar year, which initiate or may alter the responsibility period or are specifically required by the Department to evaluate a normal husbandry practice, using forms provided by the Department. Examples of reclamation activities to be reported and/or evaluated include, but are not limited to, crops used in temporary and permanent seedings, grasses and legumes planted, trees and shrubs planted, soil amendments added, and type and location of augmentation activities. The forms shall be submitted with a copy of the approved post-mining land use and capability map depicting the location of such activities. The map shall be planned as a continuous map so the reclamation activities conducted each year may be added and indicated on the map by the dates the activities were conducted.

History

• Source: Amended at 47 Ill. Reg. 2390, effective February 3, 2023

62 Ill. Adm. Code 1817.117 Revegetation: Tree, Shrub, and Herbaceous 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 population and vegetative ground cover. Such parameters are described as follows:

1. Trees and shrubs that will be used in determining the success of vegetation and the adequacy of plant arrangement shall have utility for the approved post-mining land use. Tree and/or shrub population shall be considered successful if it meets the population required in subsection (b) with 90% statistical confidence (i.e., one-sided t test with a 0.10 alpha error) during the fifth year of the responsibility period or later in the responsibility period. On lands eligible for remining, the period of responsibility shall be 2 full years. Trees and shrubs counted in determining such success shall be healthy, e.g., not demonstrating abnormal growth, coloring, leaf drop or disease. At the time of bond release such trees and shrubs shall be alive, and shall have been in place for at least 3 growing seasons, i.e., 3 years. On lands eligible for remining, trees and shrubs need not have been in place for 3 years; however, such trees and shrubs shall not be counted in determining success during the same calendar year in which they were planted.

2. Vegetative ground cover shall not be less than required to achieve the approved post-mining land use and shall be adequate to control erosion and shall not be less than 70% during the last year of the responsibility period.

3. Permanent roads, parking lots and similar impervious structures on the revegetated area shall not require the planting of trees and shrubs or herbaceous ground cover. Erosion control structures, including pond embankments, shall not require the planting of trees and shrubs.

4. For purposes of this Section, herbaceous species means grasses, legumes and nonleguminous forbs; woody plants means woody shrubs, trees and vines; and ground cover means the area of ground covered by the combined aboveground parts of vegetation and the litter that is produced naturally on site.

5. For purposes of this Section, normal husbandry and conservation practices shall include pruning, disease, pest, vermin and herbaceous vegetation control including mowing, replanting and rill and gully repairs. The replanting of trees and shrubs in areas described in Section 1817.116(a)(2)(C) shall be limited to 20% of the original approved planting rate during the first year of the responsibility period and 10% of the original approved planting rate during the second year of the responsibility period. The repair of rills and gullies shall be limited to those approved as a normal conservation practice under Section 1817.116(a)(2)(C), (D) and (E).

b) For areas where woody plants are used for fish and wildlife habitat (including shelter belts), or recreation land uses, the area shall have a minimum population of 250 trees or shrubs per acre. Planting arrangements such as hedgerows, border plantings, clump plantings, shelterbelts, and open herbaceous areas which increase diversity within wildlife areas may be approved by the Department on a case-by-case basis prior to planting such areas. Where woody plants are used for forest products land uses, the area shall have a minimum population of 450 trees or shrubs per acre.

c) For areas planted to trees or shrubs including wildlife habitat (including shelter belts), recreation, and forest products land uses, the sampling procedure for measuring populations is described as follows:

1. The permittee shall submit a scale drawing or aerial photograph delineating the fields to be sampled and the total number of acres in each field. A one inch equals 500 (1:500) feet or larger scale shall be used. Once field boundaries are established in a submittal, the boundaries shall not be changed unless the Department approves a request in accordance with 62 Ill. Adm. Code 1774.13.

2. One of the following circular plot sizes shall be selected by the sample enumerator:

Plot Size/Acres

Radius/Feet

1/160

9.31

1/120

10.75

1/100

11.78

1/90

12.41

1/80

13.17

1/70

14.07

1/60

15.20

1/50

16.65

1/40

18.61

1/30

21.50

1/20

26.33

1/10

37.24

1/5

52.66

1/4

58.88

3. The number of plots needed to sample the area will be calculated employing the following formula:

Number of Plots equals 2.5% multiplied by Sample Area in acres divided by plot size.

4. Based on the number of plots needed to be sampled and plot size, locate transect lines an equal distance apart throughout the area to be sampled. Position individual plots an equal distance apart along transect lines. Determine the total length of all transect lines combined and then divide by the total number of plots needed to be sampled. When an individual plot is positioned within 60 feet of the boundary of the area to be sampled, the location of the plot shall be moved perpendicular to the transect line until the plot is 60 feet from the boundary of the area to be sampled or the greatest distance possible where 60 feet cannot be achieved.

5. Sample each plot for compliance with subsections (a)(1) and (b) and record live trees and/or shrubs and species.

6. Calculate population levels as follows:

A) Average number of live trees and/or shrubs per plot equals Total Number of live trees and/or shrubs divided by number of plots; and

B) Number of live trees and/or shrubs per acre equals Average number of live trees and/or shrubs per plot multiplied by plot size denominator.

7. Representatives of the Department shall administer all sampling.

d) Vegetative ground cover shall be measured by the following technique:

1. Twenty random points shall be identified in the area to be tested.

2. A 20 feet engineer's tape shall be extended directly south of each point. If the tape extends beyond the boundary of the area to be tested or extends into an area where herbaceous ground cover has been controlled with herbicides to minimize competition with woody plants, the tape shall be rotated in 90 degree increments until the entire 20 feet length is within the boundary of the area to be tested or area not treated with the herbicide.

3. A measurement shall be taken at each .2 foot increment directly above or below the tape.

4. Ground cover shall be determined to be present if any vegetation identified in subsection (a)(4) is measured at the increment.

5. A percentage of ground cover shall be established for the area tested by taking the total number of measurements where ground cover was determined to be present.

e) For areas where herbaceous vegetation plants are used for fish and wildlife habitat (including shelter belts), or recreation land uses, vegetative ground cover of approved species shall not be less than required to achieve the approved post-mining land use and shall be adequate to control erosion and shall not be less than 70% during the last year of the responsibility period. Planting arrangements such as hedgerows, border plantings, clump plantings, shelterbelts, and open herbaceous areas that increase diversity within wildlife areas may be approved by the Department on a case-by-case basis prior to planting those areas.

History

• Source: Amended at 47 Ill. Reg. 2390, effective February 3, 2023

62 Ill. Adm. Code 1817.121 Subsidence Control

a) Measures to prevent or minimize damage.

1. The permittee shall either adopt measures consistent with known technology which prevent subsidence from causing material damage to the extent technologically and economically feasible, maximize mine stability, and maintain the value and reasonably foreseeable use of surface lands; or adopt mining technology that provides for planned subsidence in a predictable and controlled manner.

2. Based on the requirements of 62 Ill. Adm. Code 1784.20(b)(7) and (b)(8), the permittee shall perform a survey of the condition of all structures and facilities that may be materially damaged or for which the reasonably foreseeable use may be diminished by subsidence, as well as a survey of the quantity and quality of all drinking, domestic, and residential water supplies within the permit area, subsidence shadow area, and adjacent area that could be contaminated, diminished, or interrupted by subsidence. The applicant must pay for any technical assessment or engineering evaluation used to determine the pre-mining condition or value of such structures and facilities and the quantity and quality of drinking, domestic, or residential water supplies. The applicant must provide copies of the survey and any technical assessment or engineering evaluation to the property owner.

A) The condition survey of structures and facilities shall be performed or scheduled to be performed a minimum of 120 days prior to undermining. A lesser time may be approved by the Department if justified by the permittee in writing. The permittee shall provide a copy of the condition survey to the property owner and maintain a copy to be provided to the Department upon request. The permittee shall provide the Department with verification that the survey has been completed and forwarded to the property owner.

B) The survey of drinking, domestic and residential water supplies shall be completed and submitted 120 days prior to the water delivery system being undermined. A lesser time may be approved by the Department if justified by the permittee in writing. The permittee must provide a copy of the water survey to the property owner and to the Department.

3. If a permittee employs mining technology that provides for planned subsidence in a predictable and controlled manner, the permittee must take necessary and prudent measures, consistent with the mining method employed, to minimize material damage to the extent technologically and economically feasible to structures and facilities, except that measures required to minimize material damage to such structures are not required if:

A) The permittee has the written consent of their owners; or

B) Unless the anticipated damage would constitute a threat to health or safety, the costs of such measures exceed the anticipated costs of repair.

4. Nothing in this Part prohibits the standard method of room-and-pillar mining.

b) The permittee shall comply with all provisions of the subsidence control plan prepared pursuant to the requirements of 62 Ill. Adm. Code 1784.20, and as approved by the Department.

c) Repair of damage. The requirements of this subsection apply only to subsidence-related damage caused by underground coal extraction conducted after February 1, 1983, except as noted in Section 1817.41(j).

1. Repair of damage to surface land. The permittee must correct any material damage resulting from subsidence caused to surface lands, to the extent technologically and economically feasible, by restoring the land to a condition capable of maintaining the value and reasonably foreseeable uses which it was capable of supporting before subsidence damage.

2. Repair or compensation for damage to structures and facilities. The permittee must promptly repair or compensate the owner for material damage resulting from subsidence caused to any structure or facility that existed at the time of the coal extraction under or adjacent to the materially damaged structure. If repair option is selected, the permittee must fully rehabilitate, restore or replace the damaged structure. If compensation is selected, the permittee must compensate the owner of the damaged structure for the full amount of the decrease in value resulting from the subsidence related damage. The permittee may provide compensation by the purchase, before mining, of a non-cancelable premium-prepaid insurance policy.

3. Adjustment of bond amount for subsidence damage. When subsidence-related material damage to land, structures or facilities protected under subsections (c)(1) and (c)(2) occurs, or when contamination, diminution, or interruption to a water supply protected under Section 1817.41(j) of this Part occurs, the Department must require the permittee to obtain additional performance bond in the amount of the estimated cost of the repairs if the permittee will be repairing, or in the amount of the decrease in value if the permittee will be compensating the owner, or in the amount of the estimated cost to replace the protected water supply if the permittee will be replacing the water supply, until the repair, compensation, or replacement is completed. If repair, compensation, or replacement is completed within 90 days after the occurrence of damage, no additional bond is required. The Department may extend the 90-day time frame, but not to exceed one year, if the permittee demonstrates and the Department finds in writing that subsidence is not complete, that not all probable subsidence-related material damage has occurred to lands or protected structures, or that not all reasonably anticipated changes have occurred affecting the protected water supply, and that therefore it would be unreasonable to complete within 90 days the repair of the subsidence-related material damage to lands or protected structures, or the replacement of protected water supply. The permittee may also utilize appropriate terms and conditions for liability insurance required under 62 Ill. Adm. Code 1800.60 to assure the financial responsibility to comply with subsection (c) is in place.

d) Underground mining activities shall not be conducted beneath or adjacent to public buildings and facilities; churches, schools, and hospitals; impoundments with a storage capacity of 20 acre-feet or more or bodies of water with a volume of 20 acre-feet or more, unless the subsidence control plan demonstrates that subsidence will not cause material damage to, or reduce the reasonably foreseeable use of such features or facilities. If the Department determines that it is necessary in order to minimize the potential for material damage to the features or facilities described above or to any aquifer or body of water that serves as a significant water source for any public water supply system, it may limit the percentage of coal extracted under or adjacent thereto.

e) If subsidence causes material damage to any of the features or facilities covered by subsection (d), the Department may suspend mining under or adjacent to such features or facilities until the subsidence control plan is modified to ensure prevention of further material damage to such features of facilities.

f) The Department shall suspend underground mining activities under urbanized areas, cities, towns, and communities, and adjacent to industrial or commercial buildings, major impoundments, or perennial streams, if imminent danger is found to inhabitants of the urbanized areas, cities, towns, or communities.

g) All underground permittees shall on or before April 1 of each year submit three mine maps of underground workings to the Department. The mine maps shall indicate the actual extent of mining for the calender year prior to the submittal date. Mine maps and descriptions shall include the size, configuration, and approximate location of pillars and entries, extraction ratios, measures taken to prevent or minimize subsidence and related damage and areas of full extraction. The mine maps shall also project the anticipated extent of mining for at least the calendar year at the time of the submittal. Mine maps shall also include, at a minimum, all features identified in subsection (d), public roads and all Township and Range designations and section corners. The map shall be sealed by an engineer registered in the State of Illinois. The maps shall be planned as a continuous map so that areas mined each year may be added and indicated by the dates mining occurred. Maps shall include the name of the mine and the permittee; address of the permittee; scale, including both written and bar scales; and by whom the map was drawn. Maps submitted shall be at a scale approved by the Department as necessary to provide sufficient detail for the information required by this subsection.

History

• Source: Amended at 29 Ill. Reg. 9829, effective June 27, 2005

62 Ill. Adm. Code 1817.122 Subsidence Control: Public Notice

At least six (6) months prior to mining, or within that period if approved by the Department, the underground mine operator shall mail a notification to all owners and occupants of surface property and structures above the underground workings. The notification shall include, at a minimum, identification of specific areas in which mining will take place, dates that specific areas will be undermined, the type of mining to be employed, a description of measures that will be taken to prevent subsidence and/or to mitigate subsidence damages which may occur, and the location or locations where the operator's subsidence control plan may be examined. The operator shall maintain copies of all of the public notices mailed pursuant to this Section and shall make such copies available for inspection by authorized agents of the Department.

History

• Source: Amended at 14 Ill. Reg. 11855, effective January 1, 1991

62 Ill. Adm. Code 1817.124 Subsidence Control: Surface Owner Protections (repealed)

History

• Source: Repealed at 11 Ill. Reg. 8250, effective July 1, 1987

62 Ill. Adm. Code 1817.126 Subsidence Control: Buffer Zones (repealed)

History

• Source: Repealed at 11 Ill. Reg. 8250, effective July 1, 1987

62 Ill. Adm. Code 1817.131 Cessation of Operations: Temporary

a) Each person who conducts underground mining activities shall effectively support and maintain all surface access openings to underground operations, and 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 abandonment shall not relieve a person or his or her obligation to comply with any provisions of the approved permit.

b) Before temporary cessation of mining and reclamation operations for a period of thirty (30) days or more, or as soon as it is known that a temporary cessation will extend beyond thirty (30) days, each person who conducts underground mining activities shall submit to the Department a notice of intention to cease or abandon operations. This notice shall include a statement of the exact number of surface acres and the horizontal and vertical extent of subsurface strata which have been affected in the permit area prior to cessation or abandonment, the extent and kind of reclamation of surface area which will have been accomplished, and identification of the backfilling, regrading, revegetation, environmental monitoring, underground opening closures, and water treatment activities that will continue during the temporary cessation.

History

• Source: Amended at 20 Ill. Reg. 1993, effective January 19, 1996

62 Ill. Adm. Code 1817.132 Cessation of Operations: Permanent

a) The person who conducts underground mining activities shall close or backfill or otherwise permanently reclaim all affected areas, in accordance with these regulations and according to the permit approved by the Department.

b) All surface equipment, structures, or other facilities not required for continued underground mining activities and monitoring, unless approved by the Department as suitable for the post-mining land use or environmental monitoring, shall be removed and the affected land reclaimed.

History

• Source: Amended at 11 Ill. Reg. 8250, effective July 1, 1987

62 Ill. Adm. Code 1817.133 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 likelihood of restoration: Provided that, no plan of restoration shall be approved unless use of the area as proposed does not:

A) Present any actual or probable hazard to public health or safety;

B) Pose any actual threat of diminution or pollution pursuant to Section 1817.41; or

C) That the proposed land use following restoration is not found to be impracticable or unreasonable by the Department or determined by the Department to be inconsistent with land use policies and plans which are applicable, or to involve unreasonable delay in implementation. No restoration plan shall be approved if the proposed land use following reclamation is violative of other applicable law.

b) The premining capability of land to which the post-mining land capability is compared shall be the capabilities that the land would have supported if it had not been previously mined and had been properly managed. The post-mining land capability for land that has been previously mined and not reclaimed shall be judged on the basis of the land capability that existed prior to any mining; provided that, if the land cannot be reclaimed to the land capability that existed prior to any mining because of the previously mined condition, the post-mining land capability shall be judged on the basis of the highest and the best capability that can be achieved which is compatible with surrounding areas and does not require the disturbance of areas previously unaffected by mining. Quantification of land capability is to be done on the basis of acreage summaries for each land capability category, as defined in 62 Ill. Adm. Code 1701.5. The total acreage for each land capability category should approximate the corresponding premining acreage. Changes in total acreage from one land capability class to another shall require approval in accordance with Section 1817.133(a)(2).

c) In determining the capability of affected land, the Department shall use as a guideline the handbook entitled: Land Capability Classification, Agriculture Handbook No. 210, published by the Natural Resources Conservation Service of the U.S. Department of Agriculture. A copy of this handbook shall be on file with the Department and the Secretary of State. Interested persons may present views respecting the capability of affected lands in the due course of the Department's review of the permit application.

History

• Source: Amended at 20 Ill. Reg. 1993, effective January 19, 1996

62 Ill. Adm. Code 1817.150 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) Frequently used for access or other purposes for a period in excess of six months; or

C) To be retained for an approved post-mining land use.

3. An ancillary road is any road not classified as a primary road.

b) Performance standards. Each road shall be located, designed, constructed, reconstructed, used, maintained, and reclaimed so as to:

1. Control or prevent erosion, siltation, and the air pollution attendant to erosion, including road dust and dust occurring on other exposed surfaces, by measures such as vegetating, watering, using chemical or other dust suppressants, or otherwise stabilizing all exposed surfaces in accordance with current, prudent engineering practices;

2. Control or prevent damage to fish, wildlife, or their habitat and related environmental values;

3. Control or prevent additional contributions of suspended solids to stream flow or runoff outside the permit area;

4. Neither cause nor contribute to, directly or indirectly, the violation of State or Federal water quality standards applicable to receiving waters;

5. Refrain from seriously altering the normal flow of water in streambeds or drainage channels;

6. Prevent or control damage to public or private property, including the prevention or mitigation of adverse effects on lands within the boundaries of units of the National Park System, the National Wildlife Refuge System, the National System of Trails, the National Wilderness Preservation System, the Wild and Scenic Rivers System, including designated study rivers, and National Recreation Areas designated by Act of Congress; and

7. Use nonacid- and nontoxic-forming substances in road surfacing.

c) Design and construction limits and establishment of design criteria. To ensure environmental protection appropriate for their planned duration and use, including consideration of the type and size of equipment used, the design and construction or reconstruction of roads shall incorporate appropriate limits for grade, width, surface materials, surface drainage control, culvert placement, and culvert size in accordance with current, prudent engineering practices, and any necessary design criteria established by the Department.

d) Location.

1. No part of any road shall be located in the channel of an intermittent or perennial stream unless specifically approved by the Department in accordance with applicable sections of 62 Ill. Adm. Code 1817.41 through 1817.43 and 1817.57.

2. Roads shall be located to minimize downstream sedimentation and flooding.

e) Maintenance.

1. A road shall be maintained to meet the performance standards of this Section in accordance with prudent engineering and maintenance practices.

2. A road damaged by a catastrophic event, such as a flood or earthquake, shall be repaired as soon as is practicable after the damage has occurred.

f) Reclamation. A road not to be retained under an approved post-mining land use shall be reclaimed in accordance with the approved reclamation plan as soon as practicable after it is no longer needed for mining and reclamation operations. This reclamation shall include:

1. Closing the road to traffic;

2. Removing all bridges and culverts unless approved as part of the post-mining land use;

3. Removing or otherwise disposing of road-surfacing materials that are incompatible with the post-mining land use and revegetation requirements;

4. Reshaping cut and fill slopes as necessary to be compatible with the post-mining land use and to complement the natural drainage pattern of the surrounding terrain;

5. Protecting the natural drainage patterns by installing dikes or cross-drains as necessary to control surface runoff and erosion; and

6. Scarifying or ripping the roadbed, replacing topsoil or substitute material, and revegetating disturbed surfaces in accordance with 62 Ill. Adm. Code 1817.22 and 1817.111 through 1817.117.

History

• Source: Amended at 15 Ill. Reg. 17239, effective January 1, 1992

62 Ill. Adm. Code 1817.151 Primary Roads

Primary roads shall meet the requirements of Section 1817.150 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 qualified registered professional engineer within thirty (30) days after completion of construction. For purposes of this Section, completion of construction shall mean the road is being used for its intended purpose as determined by the Department. The professional engineer shall be experienced in the design and construction of roads, as evidenced by the placement of a registered professional engineer's seal on the report. The report shall indicate that the primary road has been constructed or reconstructed as designed and in accordance with the approved plan.

b) Safety Factor. Each primary road embankment shall be shown to have a minimum static factor of safety of 1.3, or shall be designed in compliance with the following design standards:

1. The embankment foundation area shall be cleared of all organic material and the entire foundation surface shall be scarified;

2. If the natural slope of the foundation as measured at right angles to the roadway center line is steeper than 8H:1V, the embankment shall be benched into the exiting slope beginning at the embankment toe and then filled with compacted level lifts;

3. The embankment fill material shall be free of sod, large roots, and other large vegetative matter;

4. The fill shall be brought up in horizontal layers of such thickness as required to facilitate compaction in accordance with prudent construction standards;

5. The moisture content of the fill material shall be sufficient to secure proper compaction;

6. The side slopes of the embankment shall be no steeper than 2H:1V;

7. Maximum fill height shall be twenty-five (25) feet as measured from natural ground at the downstream toe to the top of the embankment;

8. Embankments shall have a minimum top width of (H +$N35)/5, where "H" is the embankment height as measured from natural ground at the downstream toe to the top of the embankment, and shall be adequate for the intended use.

c) Location.

1. To minimize erosion, a primary road shall be located, insofar as is practicable, on the most stable available surface.

2. Fords of perennial or intermittent streams by primary roads are prohibited unless they are specifically approved by the Department as temporary routes during periods of road construction.

d) Drainage control. In accordance with the approved plan:

1. Each primary road shall be constructed or reconstructed, and maintained to have adequate drainage control, using structures such as, but not limited to bridges, ditches, cross-drains and ditch relief drains. The drainage control system shall be designed to safely pass the peak runoff from a 10-year, 6-hour precipitation event, or greater event as specified by the Department as necessary to ensure proper drainage control design in accordance with prudent engineering practices;

2. Drainage pipes and culverts shall be installed as designed, and maintained in a free and operating condition and to prevent or control erosion at inlets and outlets;

3. Drainage ditches shall be constructed and maintained to prevent uncontrolled drainage over the road surface and embankment;

4. Culverts shall be installed and maintained to sustain the vertical soil pressure, the passive resistance of the foundation, and the weight of vehicles using the road;

5. Natural stream channels shall not be altered or relocated without the prior approval of the Department in accordance with applicable sections of 62 Ill. Adm. Code 1817.41 through 1817.43 and 1817.57; and

6. Except as provided in subsection(c)(2) above, structures for perennial or intermittent stream channel crossings shall be made using bridges, culverts, low-water crossings, or other structures designed, constructed, and maintained using current, prudent engineering practices. The Department shall ensure that low-water crossings are designed, constructed and maintained to prevent erosion of the structure or streambed and additional contributions of suspended solids to streamflow.

e) Surfacing. Primary roads shall be surfaced with material approved by the Department as being sufficiently durable for the anticipated volume of traffic and the weight and speed of vehicles using the road.

History

• Source: Amended at 20 Ill. Reg. 1993, effective January 19, 1996

62 Ill. Adm. Code 1817.180 Utility Installations

All underground mining activities 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 lines; and water and sewage lines which pass over, under, or through the permit area, unless otherwise approved by the owner of those facilities and the Department.

History

• Source: Section repealed, Section adopted at 11 Ill. Reg. 8250, effective July 1, 1987

62 Ill. Adm. Code 1817.181 Support Facilities

a) Support facilities shall be operated in accordance with a permit issued for the mine or coal preparation plant to which it is incident or from which its operation results.

b) In addition to the other provisions of this Part, support facilities shall be located, maintained, and used in a manner that:

1. Prevents or controls erosion and siltation, water pollution, and damage to public and private property; and

2. To the extent possible using the best technology currently available:

A) Minimizes damage to fish, wildlife, and related environmental values; and

B) Minimizes additional contributions of suspended solids to streamflow or runoff outside the permit area. Any such contributions shall not be in excess of the limitations of Section 1817.42.

History

• Source: Amended at 11 Ill. Reg. 8250, effective July 1, 1987

62 Ill. Adm. Code 1817.182 Minor Underground Mine Facilities Not at or Adjacent to the Processing or Preparation Facility or Area

a) This Section sets forth performance standards for minor underground mine facilities not at or adjacent to the processing or preparation facility or area, such as air shafts, fan and ventilation buildings, small support buildings or sheds, access power holes, other small miscellaneous structures, and associated roads. These performance standards and other requirements are the minimum standards which shall be required of such operations, however, the Department will require application of applicable performance standards of 62 Ill. Adm. Code 1810 through 1828 and this Part if such minor facilities significantly impact land, air or water resources.

b) Habitats of unique value for fish, wildlife, and other related environmental values shall not be disturbed.

c) The person who utilizes such facilities shall, to the extent practicable, measure important environmental characteristics of the area to be affected during the operations, to minimize environmental damage to the area and to provide supportive information for any permit application that person may submit under 62 Ill. Adm. Code 1785.23.

d) Roads.

1. Vehicular travel on other than established, graded and surfaced roads shall be limited by the person who conducts coal mining activities to that absolutely necessary to conduct the activities. Travel shall be confined to graded and surfaced roads during periods when excessive damage to vegetation or rutting of the land surface could result.

2. Any new roads associated with the facilities shall comply with Sections 1817.150 and 1817.151 of this Part.

3. Existing roads may be used in accordance with the following:

A) All applicable Federal, State, and local requirements shall be met;

B) If the road is significantly altered for the operation, including, but not limited to, change of grade, widening, or change of route, or if use of the road contributes additional suspended solids to streamflow or runoff, then subsection (h) of this Section shall apply to all areas of the road which are altered or which result in such contributions; and

C) If the road is significantly altered for the underground mining activities and will remain as a permanent road after activities are completed, the permittee shall ensure that the requirements of Sections 1817.150 and 1817.151 of this Part are met for the design, construction, alteration, and maintenance of the road.

4. Promptly after the activities are completed, restore:

A) To a condition equal to or better than their predisturbance condition; or

B) To the condition required for permanent roads under Sections 1817.150 and 1817.151 of this Part, as appropriate.

e) If excavation, artificial flat areas, or embankments are created during establishment of minor facilities, these areas shall be returned to the approximate original contour promptly after such features are no longer needed for the underground mining activity.

f) If topsoil shall be removed, stored, and redistributed on disturbed areas as necessary to assure successful revegetation or as required by the Department.

g) Revegetation of areas disturbed by the establishment or use of minor facilities shall be performed by the permittee, or his or her agent. All revegetation shall be in compliance with the plan approved by the Department and carried out in a manner that encourages prompt vegetative cover comparable with approved post disturbance land uses.

h) With the exception of small and temporary diversions of overland flow of water around new roads, drill pads, and support facilities, no ephemeral, intermittent or perennial stream shall be diverted during activities in connection with minor underground mine facilities. Overland flow of water shall be diverted in a manner that:

1. Prevents erosion;

2. To the extent possible using the best technology currently available, prevents additional contribution of suspended solids to streamflow or runoff outside the disturbed area; and

3. Complies with all other applicable State or Federal requirements.

i) Each borehole, well, or other exposed underground opening created must meet the requirements of Sections 1817.13, 1817.14, and 1817.15.

j) All facilities and equipment shall be removed from the disturbed area promptly when they are no longer needed, except for those facilities and equipment that the Department determines may remain to:

1. Provide additional environmental quality data;

2. Reduce or control the on and off-site effects of the activities; or

3. Facilitate future surface mining and reclamation operations by the person conducting the activities, under an approved permit.

k) Such minor facilities shall be utilized in a manner which minimizes disturbance of the prevailing hydrologic balance, and shall include sediment control measures such as those listed in Section 1817.45 or siltation structures which comply with Section 1817.46. The Department may specify additional measures which shall be adopted by the permittee.

l) Toxic- or acid-forming materials shall be handled and disposed of in accordance with Section 1817.102. If specified by the Department, additional measures shall be adopted by the permittee.

History

• Source: Amended at 20 Ill. Reg. 1993, effective January 19, 1996

62 Ill. Adm. Code 1817.190 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 (2) copies, plus one (1) additional copy for each county in which the permit is located, of the reports and maps shall be submitted showing the areas affected during the fiscal year just ended. One of the copies submitted shall contain the original signature of a company official. The Department shall require the map to be executed by an engineer registered in accordance with the Professional Engineering Practice Act of 1989 [225 ILCS 325] or a land surveyor registered in accordance with the Illinois Professional Land Surveyor Act of 1989 [225 ILCS 330]. The Department shall then forward one copy to the county clerk(s).

c) The map shall be planned as a continuous map so that the area affected each year may be added and indicated on the map by the dates it was affected. Report as required by Section 1817.190 shall be submitted to the Department. Map scales shall be in accordance with 62 Ill. Adm. Code 1779.25.

d) All maps shall show sections, township, range and county lines coming within the scope of the map; access to the area from the nearest public road and all weather roads within the minded area; and a title containing the name of the operator, the address, scale of the map, by whom the map was drawn, name of the surveyor or engineer.

History

• Source: Amended at 20 Ill. Reg. 1993, effective January 19, 1996

Part 1819 Special Permanent Program Performance Standards – Auger Mining

62 Ill. Adm. Code 1819.1 Scope

This Part sets forth environmental protection performance standards for surface coal mining and reclamation operations involving auger mining.

History

• Source: Amended at 11 Ill. Reg. 8501, effective July 1, 1987

62 Ill. Adm. Code 1819.2 Objectives (repealed)

History

• Source: Repealed at 11 Ill. Reg. 8501, effective July 1, 1987

62 Ill. Adm. Code 1819.11 Auger Mining: General

a) Auger mining operations shall be conducted in accordance with the requirements of 62 Ill. Adm. Code 1816 except as provided in this Part.

b) The Illinois Department of Natural Resources (Department) shall prohibit auger mining, if necessary to:

1. Maximize the utilization, recoverability, or conservation of the solid fuel resource, or

2. Protect against adverse water quality impacts in accordance with 62 Ill. Adm. Code 1816.42.

History

• Source: Amended at 11 Ill. Reg. 8501, effective July 1, 1987

62 Ill. Adm. Code 1819.13 Auger Mining: Coal Recovery

a) Auger mining shall be conducted so as to maximize the utilization and conservation of the coal in accordance with 62 Ill. Adm. Code 1816.59.

b) Auger mining shall be planned and conducted to maximize recoverability of mineral reserves remaining after the operation and reclamation are complete.

c) Each person who conducts auger mining operations shall leave areas of undisturbed coal, as approved by the Department, to provide access for future underground mining activities to coal reserves remaining after augering is completed, unless it is established that the coal reserves have been depleted or are so limited in thickness or extent that it will not be possible to recover the remaining coal through surface mining with the machinery available. This determination shall be made by the Department upon presentation of appropriate technical evidence by the operator pertaining to the availability of the remaining coal.

History

• Source: Added at 11 Ill. Reg. 8501, effective July 1, 1987

62 Ill. Adm. Code 1819.15 Auger Mining: Hydrological Balance

a) Auger mining shall be planned and conducted to minimize disturbances of the prevailing hydrologic balance in accordance with the requirements of 62 Ill. Adm. Code 1816.41 and 1816.42.

b) All auger holes, except as provided in subsection (c), shall be:

1. Sealed within seventy-two (72) hours after completion with an impervious and noncombustible material, if the holes are discharging water containing acid- or toxic-forming material. If sealing is not possible within seventy-two (72) hours, the discharge shall be treated commencing within seventy-two (72) hours after completion to meet applicable effluent limitations and water quality standards of subsection (a) until the holes are sealed; and

2. Sealed with an impervious noncombustible material, within thirty (30) days following completion, if the holes are not discharging water containing acid- or toxic-forming material.

c) Auger holes need not be sealed with an impervious material so as to prevent drainage if the Department determines that:

1. The resulting impoundment of water may create a hazard to the environment or public health or safety such as an unforeseen discharge, and

2. The drainage from the auger holes will:

A) Not pose a threat of pollution to surface water in accordance with 62 Ill. Adm. Code 1816.42 and

B) Comply with the requirements of 62 Ill. Adm. Code 1816.41 and 1816.42.

History

• Source: Added at 11 Ill. Reg. 8501, effective July 1, 1987

62 Ill. Adm. Code 1819.17 Auger Mining: Subsidence Protection

Auger mining shall be conducted in accordance with the requirements of 62 Ill. Adm. Code 1817.121(a) and (c).

History

• Source: Added at 11 Ill. Reg. 8501, effective July 1, 1987

62 Ill. Adm. Code 1819.19 Auger Mining: Backfilling and Grading

a) Auger mining shall be conducted in accordance with the backfilling and grading requirements of 62 Ill. Adm. Code 1816.102 and 1816.104 through 1816.106.

b) Where auger mining operations affect previously mined areas that were not reclaimed to the standards of 62 Ill. Adm. Code 1810 - 1828 and the volume of all reasonably available spoil is demonstrated in writing to the Department to be insufficient to completely backfill the highwall, the highwall shall be eliminated to the maximum extent technically practicable in accordance with the following criteria:

1. The person who conducts the auger mining operation shall demonstrate to the Department that the backfill, designed by a qualified registered professional engineer, has a minimum static safety factor for the stability of the backfill of at least 1.3.

2. All spoil generated by the auger mining operation and any associated surface coal mining and reclamation operation, and any other reasonably available spoil shall be used to backfill the area. Reasonably available spoil shall include spoil generated by the mining operation and other spoil located in the permit area that is accessible and available for use and that when rehandled will not cause a hazard to the public safety or significant damage to the environment. For this purpose, the permit area shall include spoil in the immediate vicinity of the auger mining operation.

3. The coal seam mined shall be covered with a minimum of four (4) feet of nonacid- , nontoxic-forming material and the backfill graded in accordance with subsection (a).

4. Any remnant of the highwall shall be stable and not pose a hazard to the public health and safety or the environment.

5. Spoil placed on the outslope during previous mining operations shall not be disturbed if such disturbances will cause instability of the remaining spoil or otherwise increase the hazard to the public health and safety or to the environment.

History

• Source: Added at 11 Ill. Reg. 8501, effective July 1, 1987

62 Ill. Adm. Code 1819.21 Auger Mining: Protection of Underground Mining

Auger holes shall not extend closer than five hundred (500) feet (measured horizontally) to any abandoned or active underground mine workings, except as approved in accordance with 62 Ill. Adm. Code 1816.79.

History

• Source: Added at 11 Ill. Reg. 8501, effective July 1, 1987

Part 1823 Special Program Performance Standards – Operations on Prime Farmland

62 Ill. Adm. Code 1823.1 Scope

This Part sets forth special environmental protection performance, reclamation, and design standards for surface coal mining and reclamation operations on prime farmland.

History

• Source: Amended at 22 Ill. Reg. 20131, effective November 5, 1998

62 Ill. Adm. Code 1823.2 Objective

The objective of this Part is to set forth those soil removal, stockpiling, and replacement operational requirements and revegetation and other reclamation standards for prime farmland to ensure both that the land will have agricultural productive capacity which is equal after mining to premining levels and the land is not lost as an important national resource.

62 Ill. Adm. Code 1823.11 Prime Farmland: Applicability

The requirements of this Section shall not apply to:

a) Coal preparation plants, support facilities, and roads of underground mines that are actively used over extended periods of time and where uses affect minimal amount of land. Such uses shall meet the requirements of 62 Ill. Adm. Code 1817 for underground mining activities.

b) Disposal areas containing coal mine waste resulting from underground mines that is not technologically and economically feasible to store in underground mines or on non-prime farmland. The operator shall minimize the area of prime farmland used for such purposes.

c) Prime farmland that has been excluded in accordance with 62 Ill. Adm. Code 1785.17(a).

History

• Source: Amended at 22 Ill. Reg. 20131, effective November 5, 1998

62 Ill. Adm. Code 1823.12 Prime Farmland: Soil Removal

a) Surface coal mining and reclamation operations on prime farmland shall be conducted to:

1. Separately remove the entire A horizon or other suitable soil materials which will create a final soil having an equal or greater productive capacity than that which existed prior to mining;

2. Separately remove, or assure proper placement during mining, the B horizon of the soil, a combination of B horizon and underlying C horizon, or other suitable soil material that will create a reconstructed soil of equal or greater productive capacity than which existed before mining; and

3. Separately remove, the underlying C horizons, other strata, or a combination of horizons or other strata, to be used instead of the B horizon. When replaced, these combinations shall be equal to or more favorable for plant growth than the B horizon.

b) The minimum depth of soil and soil material to be removed for use in reconstruction of prime farmland soils shall be sufficient to meet the soil replacement requirements of Section 1823.14(a).

c) The B and/or C horizons may be left in place for surface disturbance areas if the Department determines the soil capability can be retained.

History

• Source: Amended at 22 Ill. Reg. 20131, effective November 5, 1998

62 Ill. Adm. Code 1823.13 Prime Farmland: Soil Stockpiling

If not utilized immediately, the A horizon or other suitable soil materials specified in Section 1823.12(a)(1) and the B horizon or other suitable soil materials specified in Section 1823.12(a)(2) and (a)(3) shall be stored separately from each other and from spoil. These stockpiles shall be placed within the permit area where they are not disturbed or exposed to excessive water or wind erosion before the stockpiled horizons can be redistributed. Stockpiles in place for more than thirty (30) days shall meet the requirements of 62 Ill. Adm. Code 1816.12 or 62 Ill. Adm. Code 1817.23.

62 Ill. Adm. Code 1823.14 Prime Farmland: Soil Replacement

Surface coal mining and reclamation operations on prime farmland shall be conducted according to the following:

a) Requirements

1. The minimum depth of soil and soil material to be reconstructed for prime farmland shall be 48 inches except where a natural rock formation occurs at shallower depths. The Department shall specify a depth greater than 48 inches wherever necessary to restore productive capacity due to uniquely favorable soil horizons at greater depths; and

2. Subsections (a)(1) and (d) shall not apply to prime farmland fragipan soils. Prime farmland fragipan soil shall be reconstructed in accordance with 62 Ill. Adm. Code 1825.14(a)(1), (a)(2), (a)(3), and (a)(5). For the purposes of this provision, prime farmland fragipan soils are specific soils classified as prime farmland that are underlain with a diagnostic subsurface horizon designated as a fragipan by the Soil Conservation Service of the U.S. Department of Agriculture according to the criteria set in Soil Taxonomy, U.S.D.A. Handbook AH 436, including the following soils found in Illinois: Ava, Grantsburg, and Hosmer series as defined by the Soil Interpretation Sheets of the Natural Resources Conservation Service;

b) Replace soil material only on land which has been first returned to final grade and scarified according to 62 Ill. Adm. Code 1816.101 through 1816.105 or 62 Ill. Adm. Code 1817.101 through 1817.105, unless site-specific evidence is provided and approved by the Department showing that scarification will not enhance the capability of the recommended soil to achieve equivalent or higher levels of yield;

c) Replace the soil horizons or other suitable soil material in a manner that avoids excessive compaction;

d) Replace the B horizon or other suitable material specified in Section 1823.12(a)(2) and (a)(3) to the thickness needed to meet the requirements of subsection (a) of this Section. In those areas where the B or C horizons were not removed but may have been compacted or otherwise damaged during the mining operation, the permittee shall engage in deep tillage or other appropriate means to restore pre-mining capabilities;

e) Replace the A horizon or other suitable soil materials specified in Section 1823.12(a)(1) as the final surface soil layer. This surface soil layer shall equal or exceed the thickness of the original soil, as determined in 62 Ill. Adm. Code 1785.17(b)(1)(B) and be replaced in a manner that protects the surface layer from wind and water erosion before it is seeded or planted;

f) Apply nutrients and soil amendments as needed to quickly establish vegetative growth;

g) Prime farmland shall have a planned erosion control system if expected soil loss from row crop production will exceed the tolerable soil loss limits as defined by "Resource Conservation Planning Technical Material-IL-4" (May 12, 1977). "Resource Conservation Planning Technical Material-IL-4", issued by the U.S. Department of Agriculture, Natural Resources Conservation Service, located at 1902 Fox Drive, Champaign, Illinois 61820, is hereby incorporated by reference and does not include later editions or amendments. Terrace systems, when utilized as part of a planned erosion control system, shall be constructed according to U.S. Department of Agriculture, Natural Resources Conservation Service specifications. Erosion control plans in compliance with this subsection shall be submitted to and approved by the Department after final grading based on seasonal factors, the extent of the area, and the sophistication of the erosion control plan.

History

• Source: Amended at 24 Ill. Reg. 5989, effective March 21, 2000

62 Ill. Adm. Code 1823.15 Prime Farmland: Revegetation

Each person who conducts surface coal mining and reclamation operations on prime farmland regardless of whether such land has been drilled, blasted, or mined, shall meet the following revegetation requirements during reclamation:

a) Following soil replacement, that person shall establish a vegetative cover capable of stabilizing the soil surface with respect to erosion. All vegetation shall be in compliance with the plan approved by the Department under 62 Ill. Adm. Code 1785.17 and carried out in a manner that encourages prompt vegetative cover and recovery of productive capacity. The timing and mulching provisions of 62 Ill. Adm. Code 1816.113 and 1816.114 or 62 Ill. Adm. Code 1817.113 and 1817.114 shall be met.

b) Measurement of success of prime farmland revegetation shall be conducted in accordance with the following provisions:

1. Measurement of success of revegetation shall be initiated within 10 years after completion of backfilling and final grading of areas of prime farmland in accordance with the approved reclamation plan.

2. Success of revegetation shall be measured in accordance with 62 Ill. Adm. Code 1816.116(a)(4) or (a)(6).

3. Revegetation shall be considered a success when crop production is equivalent to or exceeds the production required in 62 Ill. Adm. Code 1816.116(a)(4) or (a)(6), with 90 percent statistical confidence (i.e., one-sided t test with 0.10 alpha error) for a minimum of 3 crop years of a 10 year period, except the first year after augmented seeding, fertilizing, or other management practices, prior to release of the operator's performance bond. The level of management applied during the measurement period shall be the same as the level of management used on nonmined prime farmland in the surrounding area. The 5 year period of extended responsibility shall begin after the last year of augmented seeding, fertilizing or soil treatment and at the time of the planting of the crops to be grown for the productivity showing. Once chosen by the permittee, the productivity alternative in 62 Ill. Adm. Code 1816.116(a)(6) may not be modified without approval from the Department.

4. Compliance with this subsection shall not preclude a permittee from demonstrating the required soil productivity under the law by use of soil surveys or other techniques approved consistent with future regulations.

History

• Source: Amended at 29 Ill. Reg. 9849, effective June 27, 2005

Part 1824 Special Permanent Program Performance Standards – Mountaintop Removal

62 Ill. Adm. Code 1824.1 Scope

This Part sets forth special environmental protection performance, reclamation, and design standards for surface coal mining activities constituting mountaintop removal mining.

62 Ill. Adm. Code 1824.2 Objective

The objectives of this Part are to:

a) Enhance coal recovery;

b) Reclaim the land to equal or higher postmining use; and

c) Protect and enhance environmental and other values protected under the Act and this Part.

62 Ill. Adm. Code 1824.11 Mountaintop Removal: Performance Standards

Under an approved regulatory program, surface coal mining activities may be conducted under a variance from the requirements of 62 Ill. Adm. Code 1810 through 1828 for restoring affected areas to their approximate original contour, if:

a) The Illinois Department of Natural Resources (Department) grants the variance under a permit, in accordance with 62 Ill. Adm. Code 1785.14;

b) The activities involve the mining of an entire coal seam running through the upper fraction of a mountain, ridge, or hill, by removing all of the overburden and creating a level plateau or gently rolling contour with no highwalls remaining;

c) An industrial, commercial, agricultural, residential, or public facility (including recreational facilities) use is proposed and approved for the affected land;

d) The alternative land-use requirements of 62 Ill. Adm. Code 1816.133 are met;

e) All applicable requirements of 62 Ill. Adm. Code 1810 through 1828 and the regulatory program, other than the requirement to restore affected areas to their approximate original contour, are met;

f) An outcrop barrier of sufficient width, consisting of the toe of the lowest coal seam, and its associated overburden, are retained to prevent slides and erosion, except that the Department may permit an exemption to the retention of the coal barrier requirement if the following conditions are satisfied:

1. The proposed mine site was mined prior to May 3, 1978, and the toe of the lowest seam has been removed; or

2. A coal barrier adjacent to a head-of-hollow fill may be removed after the elevation of a head-of-hollow fill attains the elevation of the coal barrier if the head-of-hollow fill provides the stability otherwise ensured by the retention of a coal barrier.

g) The final graded slopes on the mined area are less than 1v:5h, so as to create a level plateau or gently rolling configuration, and the outslopes of the plateau do not exceed 1v:2h except where engineering data substantiate, and the Department finds, in writing, and includes in the permit under 62 Ill. Adm. Code 1785.14, that a minimum static safety factor of 1.5 will be attained;

h) The resulting level or gently rolling contour is graded to drain inward from the outslope, except at specified points where it drains over the outslope in stable and protected channels. The drainage shall not be through or over a valley or head-of-hollow fill;

i) Natural watercourses below the lowest coal seam mined are not damaged;

j) All waste and acid-forming or toxic-forming materials, including the strata immediately below the coal seam, are covered with nontoxic spoil to prevent pollution and achieve the approved post-mining land use; and

k) Spoil is placed on the mountaintop bench as necessary to achieve the post-mining land use approved under subsections (c) and (d). All excess spoil material not retained on the mountaintop shall be placed in accordance with 62 Ill. Adm. Code 1816.41, 1816.43 and 1816.71 through 1816.74.

History

• Source: Amended at 11 Ill. Reg. 8522, effective July 1, 1987

Part 1825 Special Permanent Program Performance Standards – Operations on High Capability Lands

62 Ill. Adm. Code 1825.11 High Capability Lands: Special Requirements

All high capability lands to be mined and reclaimed shall meet the following requirements, or meet the requirements of 62 Ill. Adm. Code 1816.133:

a) A permit shall be obtained for these operations as required by 62 Ill. Adm. Code 1773;

b) Darkened surface soil materials to be used in the reconstruction of high capability lands shall be removed before drilling for blasting or mining or other surface disturbances, in accordance with Section 1825.12 and in a manner that prevents mixing or contaminating these materials with undesirable material. Where removal of soil materials results in erosion that may cause air and water pollution, the Illinois Department of Natural Resources (Department) shall specify methods to control erosion of exposed overburden;

c) Revegetation success on high capability lands shall be measured in accordance with 62 Ill. Adm. Code 1816.116, except that the five year period of responsibility for revegetation shall commence at the date of initial planting of the crop being grown only in cases where the operator has chosen to show success of revegetation by using the land to grow crops. Measurement of success of revegetation shall be initiated within ten years after completion of backfilling and final grading on high capability land; and

d) The requirements of this Part are in addition to the other requirements of these regulations.

History

• Source: Amended at 22 Ill. Reg. 20286, effective November 5, 1998

62 Ill. Adm. Code 1825.12 High Capability Lands: Soil Removal

a) Surface mining operations on high capability lands shall be conducted as follows:

1. The darkened surface soil shall be removed and segregated, if not used immediately, from other materials. In no cases shall less than the top eight (8) inches of surface soil, darkened or not, be segregated for replacement; and

2. Darkened surface soil segregation and replacement requirements may be altered by the Department only if it has determined the provisions of 62 Ill. Adm. Code 1816.22(b) have been met.

b) The Department may require root medium stockpiling if necessary to meet the requirements of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1201 et seq.), and these regulations.

History

• Source: Amended at 11 Ill. Reg. 8526, effective July 1, 1987

62 Ill. Adm. Code 1825.13 High Capability Lands: Soil Stockpiling

If not used immediately, the darkened surface soil or its equivalent as approved by the Department and the root medium if the root medium is stockpiled in accordance with Section 1825.12 shall be stockpiled separately and these materials shall be stockpiled separately from other spoil, and provided needed protection from wind and water erosion or contamination by acid or toxic or non-soilmaterial. Signs shall lbe erected to indicate the contents of each stockpile.

62 Ill. Adm. Code 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 the darkened surface soil suitable as a root medium shall contain no more than 20% coarse material (greater than 2 mm in size) by volume. No more than half of the coarse material may be between 3 inches and 10 inches in the greatest dimension. No fragments shall be greater in size than 10 inches in the greatest dimension. In no case may clay material of less than 2 microns be greater than 40% by weight of the soil size material nor shall the sand size material of greater than 50 microns be greater than 60% by weight of the soil size material, when clay material content is less than 20% by weight.

A) Rapid weathering coarse material, as determined by the Department, may be included in the root medium. If these fragments are allowed, they shall be included in the soil fraction for texture determination and shall not be included in the coarse fragment portion of texture evaluation.

B) These texture requirements do not apply if the soil conditions of the affected land prior to mining did not meet the standards included herein (i.e., if more than 20% coarse material by volume existed in the root medium below the darkened surface soil prior to mining, the same percentage or coarse material in the root medium will be allowed after mining; if more than 1/2 of the coarse material consisted of rocks in the 3 to 10 inch size category prior to mining, the same percentage will be permitted after mining; and if more than 40% by weight of clay materials is less than 2 microns in size; and if more than 60% by weight of sand when clay material content is less than 20% by weight existed in the root medium below the darkened surface soil prior to mining, a like percentage by weight will be allowed after mining in the material under the darkened surface soil).

2. Chemical Properties. The materials under the darkened surface soil must be chemically suitable as an agricultural root medium. Toxic material capable of producing chemically unsuitable conditions shall not be incorporated within the material used to create the root zone established for these lands.

3. Depth. The combined vertical thickness of the darkened surface soil and the agricultural root medium must be at least 4 feet in all cases, except where a natural rock formation occurs at shallower depths. In such case, the operator shall create a root medium of equivalent thickness to its pre-mining condition.

4. The darkened surface soil shall be replaced as the final earth cover on high capability lands.

5. Location of texture compliance samples will be determined by random methods. Texture analysis shall be determined by methods specified by the Department.

b) The Department may alter the texture requirements under this Part only upon a clear and convincing showing that to vary such requirement would better effectuate the purposes of the Act than would enforcing the standards in this Part.

c) The affected land shall be graded to the approximate original contour of the land prior to mining. For the purpose of this Part, the slope classification of lands before mining are those lettered ranges developed by the U.S. Department of Agriculture, Natural Resources Conservation Service for use in preparing a soil survey of the area.

d) Approximate original contour means grading of affected lands to a slope no greater than the maximum percent of the pre-mining slope range of the individual soil map units.

e) Compaction.

1. The agricultural root medium described in subsection (a) shall be replaced and regraded to a uniform depth over the regraded spoil material in a manner that avoids excessive compaction or a compaction alleviation plan shall be provided. Excessive compaction is indicated by:

A) Very firm, massive soil physical condition in any layer above the rooting medium depth required by subsection (a)(3) that has one-half or more of the soil volume in masses 10 inches or more in diameter that are not exploited by the root system;

B) Roots restricted to a depth less than the required rooting medium depth;

C) Confinement of roots to matrix desication cracks;

D) Flattened roots; or

E) Other diagnostic methods approved by the Department, in consultation with the Illinois Department of Agriculture and the U.S. Department of Agriculture, Natural Resources Conservation Service.

2. Compaction alleviation is required unless the permittee can demonstrate that root system development at similar depths in undisturbed soils typical of the mined area is no better than that observed in the reconstructed soil or if the permittee can demonstrate that the requirements of 62 Ill. Adm. Code 1816.116(a)(3)(C) have been or could be met without compaction alleviation on areas reclaimed in a similar manner. However, the requirements of 62 Ill. Adm. Code 1816.116 or 1816.117 must still be met. The Department shall retain sufficient bond at the time of Phase II bond release if it determines that compaction alleviation may be needed to achieve the revegetation success requirements.

3. After approval of texture by the Department, the darkened surface soil shall be redistributed and graded to a uniform depth without excessive compaction over the replaced and regraded agricultural root medium.

f) High capability lands shall have a planned erosion control system if expected soil loss from row crop production will exceed the tolerable soil loss limits as defined by "Resource Conservation Planning Technical Material-IL-4" and subsequent revisions or modifications. Terrace systems, when utilized as part of a planned erosion control system, shall be constructed according to U.S. Department of Agriculture, Natural Resources Conservation Service specifications. Erosion control plans in compliance with this subsection shall be submitted to and approved by the Department prior to the completion of the final grading of an areas, or on a time schedule approved by the Department after final grading based on seasonal factors, the extent of the area, and the sophistication of the erosion control plan.

g) Slopes of all affected lands shall be measured from the drainage divide to the base of the slope or to the intermittent water course at the lowest point. Abrupt slope changes between these points are not acceptable except for unusual conditions such as ditches, terraces, and roads.

h) The length of slope and contour of the restored surface shall be conducive to those farming operations normally associated with row crop production. Farming operations as used here shall include such measures or practices necessary to provide adequate drainage and erosion control for sustained row crop production.

History

• Source: Amended at 26 Ill. Reg. 4288, effective March 6, 2002

Part 1827 Special Permanent Program Performance Standards – Coal Preparation Plants Not Located Within the Permit Area of a Mine

62 Ill. Adm. Code 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.

History

• Source: Added at 11 Ill. Reg. 8511, effective July 1, 1987

62 Ill. Adm. Code 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 requirements of this Part.

History

• Source: Amended at 11 Ill. Reg. 8511, effective July 1, 1987

62 Ill. Adm. Code 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 processing waste disposal area, and water treatment facilities shall comply with 62 Ill. Adm. Code 1816.11;

b) Roads shall comply with 62 Ill. Adm. Code 1816.150 and 1816.151;

c) Any stream channel diversion shall comply with 62 Ill. Adm. Code 1816.43;

d) Drainage from any disturbed area related to the coal preparation plant shall comply with 62 Ill. Adm. Code 1816.45 through 1816.47 and all discharges from these areas shall meet the requirements of 62 Ill. Adm. Code 1816.41 and 1816.42 and any other applicable State or Federal law;

e) Permanent impoundments associated with coal preparation plants shall meet the requirements of 62 Ill. Adm. Code 1816.49 and 1816.56. Dams constructed of or impounding coal processing waste shall comply with 62 Ill. Adm. Code 1816.84;

f) Support facilities related to the coal preparation plant shall comply with 62 Ill. Adm. Code 1816.181;

g) Disposal of coal processing waste, noncoal mine waste, and excess spoil shall comply with 62 Ill. Adm. Code 1816.81 through 1816.87, 1816.89, and 1816.71 through 1816.74, respectively;

h) Cessation of operations shall be in accordance with 62 Ill. Adm. Code 1816.131 and 1816.132;

i) Erosion and air pollution attendant to erosion shall be controlled in accordance with 62 Ill. Adm. Code 1816.95;

j) Fish, wildlife and related environmental values shall be protected in accordance with 62 Ill. Adm. Code 1816.97;

k) Adverse effects upon, or resulting from, nearby underground coal mining activities shall be minimized by appropriate measures including, but not limited to, compliance with 62 Ill. Adm. Code 1816.79;

l) Reclamation shall follow proper topsoil handling, revegetation, backfilling and grading, and post-mining land use procedures in accordance with 62 Ill. Adm. Code 1816.22, 1816.100, 1816.102, 1816.104, 1816.106, 1816.111 through 1816.117, and 1816.133, respectively.

History

• Source: Amended at 17 Ill. Reg. 11091, effective July 1, 1993

Part 1828 Special Permanent Program Performance Standards – in Situ Processing

62 Ill. Adm. Code 1828.1 Scope

This Part sets forth special environmental protection performance, reclamation and design standards for in situ processing activities.

History

• Source: Added at 11 Ill. Reg. 8517, effective July 1, 1987

62 Ill. Adm. Code 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 Act). This Part provides additional performance, reclamation, and design standards to reflect the nature of in situ processing.

62 Ill. Adm. Code 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 hydrologic balance by:

1. Avoiding discharge of fluids into holes or wells, other than as approved by the Illinois Department of Natural Resources (Department);

2. Injecting process recovery fluids only into geologic zones or intervals approved as production zones by the Department;

3. Avoiding annular injection between the wall of the drill hole and the casing; and

4. Preventing discharge of process fluid into surface waters.

c) Each person who conducts in situ processing activities shall submit for approval as part of the application for permit under 62 Ill. Adm. Code 1785.22, and follow after approval a plan that ensures that all acid - forming, toxic - forming, or radioactive gases, solids, or liquids constituting a fire, health, safety, or environmental hazard and caused by mining and recovery process are promptly treated, confined, or disposed of, in a manner that prevents contamination of ground and surface waters, damage to fish, wildlife and related environmental values, and threats to the public health and safety.

d) Each person who conducts in situ processing activities shall prevent flow of the process recovery fluid:

1. Horizontally beyond the affected area identified in the permit; and

2. Vertically into overlying or underlying aquifers.

e) Each person who conducts in situ processing activities shall restore the quality of affected ground water in the permit area and adjacent area, including ground water above and below the production zone, to the approximate premining levels or better, to ensure that the potential for use of the ground water is not diminished.

History

• Source: Amended at 11 Ill. Reg. 8517, effective July 1, 1987

62 Ill. Adm. Code 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. Adm. Code 1817.41, to measure changes in the quantity and quality of water in surface and ground water systems in the permit area and in adjacent areas.

b) Air and water quality monitoring shall be conducted in accordance with monitoring programs approved by the Department as necessary according to appropriate Federal and State air and water quality standards.

History

• Source: Amended at 11 Ill. Reg. 8517, effective July 1, 1987

Part 1840 Department Inspections

62 Ill. Adm. Code 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 natural land surface and for applicants for permits under the Surface Coal Mining Land Conservation and Reclamation Act (State Act).

History

• Source: Amended at 22 Ill. Reg. 20163, effective November 5, 1998

62 Ill. Adm. Code 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 Department shall by written notice require a permittee to:

a) Establish and maintain specific records relating to any requirement of 62 Ill. Adm. Code 1700-1850;

b) Install, use, and maintain specific monitoring equipment relating to any requirement of 62 Ill. Adm. Code 1700-1850;

c) Make monthly or more frequent reports relating to any requirement of 62 Ill. Adm. Code 1700-1850;

d) Provide evaluations of results of monitoring and reports relating to any requirement of 62 Ill. Adm. Code 1700-1850; or

e) Provide other information, as the Department finds necessary to the performance of its duties specified in 62 Ill. Adm. Code 1700-1850.

History

• Source: Amended at 11 Ill. Reg. 8036, effective July 1, 1987

62 Ill. Adm. Code 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 coal mining and reclamation operation under its jurisdiction to ensure enforcement of the approved State program. A partial inspection is an on-site or aerial review of a person's compliance with any of the permit conditions and requirements imposed under the Federal Act, State Act and 62 Ill. Adm. Code 1700 through 1850. The inspector shall collect evidence of any violation of the Federal Act, the State Act or 62 Ill. Adm. Code 1700 through 1850 observed.

b) The Department shall conduct an average of at least one complete inspection per calendar quarter of each active or inactive surface coal mining and reclamation operation under its jurisdiction. A complete inspection is an on-site review of a person's compliance with all permit conditions and requirements imposed under the Federal Act, the State Act and 62 Ill. Adm. Code 1700 through 1850 within the entire area disturbed, impacted or affected by surface coal mining and reclamation operations. The inspector shall collect evidence of any violation of the Federal Act, State Act or 62 Ill. Adm. Code 1700 through 1850 observed.

c) The Department shall conduct periodic inspections of all coal exploration operations required to comply with the Federal Act, the State Act, and 62 Ill. Adm. Code 1700 through 1850. The inspector shall collect evidence of any violation of the Federal Act, State Act, or 62 Ill. Adm. Code 1700 through 1850 observed.

d) Aerial inspections.

1. Aerial inspections shall be conducted in a manner which reasonably ensures the identification and documentation of conditions at each surface coal mining and reclamation site inspected.

2. Any potential violation observed during an aerial inspection shall be investigated on site within three days; provided, that any indication of a condition, practice or violation constituting cause for the issuance of a cessation order under 62 Ill. Adm. Code 1843.11 shall be investigated on site immediately. An on-site investigation of a potential violation observed during an aerial inspection shall not be considered to be an additional partial or complete inspection for the purposes of subsections (a) and (b) of this Section.

e) The inspections required under subsections (a), (b), (c) and (d) of this Section shall:

1. Be carried out on an irregular basis, so as to monitor compliance at all operations, including those which operate nights, weekends, or holidays;

2. Occur without prior notice to the permittee or any agent or employee of such permittee, except for necessary on-site meetings; and

3. Include the prompt filing of inspection reports adequate to enforce the requirements of the Federal Act, State Act, and 62 Ill. Adm. Code 1700 through 1850.

f) For the purposes of Section 1840.11, an inactive surface coal mining and reclamation operation is one for which:

1. The Department has secured from the permittee the written notice provided for under 62 Ill. Adm. Code 1816.131(b) or 1817.131(b); or

2. Reclamation Phase II as defined at 62 Ill. Adm. Code 1800.40 has been completed and the liability of the permittee has been reduced by the Department in accordance with the State program.

g) Abandoned site means a surface coal mining and reclamation operation for which the Department has found in writing that:

1. All surface and underground coal mining and reclamation activities at the site have ceased;

2. The Department has issued at least one notice of violation or the initial program equivalent, and either:

A) Is unable to serve the notice despite diligent efforts to do so; or

B) The notice was served and has progressed to a failure-to-abate cessation order or the initial program equivalent;

3. The Department:

A) Is taking action to ensure that the permittee and operator, and owners and controllers of the permittee and operator, will be precluded from receiving future permits while violations continue at the site; and

B) Is taking action pursuant to Section 8.04(e), 8.04(f), 8.06(d) or 8.08 of the State Act [25 ILCS 720/8.04(e), 8.04(f), 8.06(d), 8.08] to ensure that abatement occurs or that there will not be a recurrence of the failure-to-abate, except where after evaluating the circumstances it concludes that further enforcement offers little or no likelihood of successfully compelling abatement or recovering any reclamation costs; and

4. Where the site is, or was, permitted and bonded:

A) The permit has either expired or been revoked; and

B) The Department has initiated and is diligently pursuing forfeiture of, or has forfeited, any available performance bond.

h) In lieu of the inspection frequency established in subsections (a) and (b) of this Section, the Department shall inspect each abandoned site on a set frequency commensurate with the public health and safety and environmental considerations present at each specific site, but in no case shall the inspection frequency be set at less than one complete inspection per calendar year.

1. In selecting an alternate inspection frequency authorized under this subsection, the Department shall first conduct a complete inspection of the abandoned site and provide public notice and the opportunity to comment under subsection (h)(2) below. Following the inspection and public notice, the Department shall prepare and maintain for public review a written finding justifying the alternative inspection frequency selected. This written finding shall justify the new inspection frequency by affirmatively addressing in detail all of the following criteria:

A) How the site meets each of the criteria under the definition of an abandoned site under subsection (g) above and thereby qualifies for a reduction in inspection frequency;

B) Whether, and to what extent, there exists on the site impoundments, earthen structures or other conditions that pose, or may reasonably be expected to ripen into, imminent dangers to the health or safety of the public or significant environmental harm to land, air or water resources;

C) The extent to which existing impoundments or earthen structures were constructed and certified in accordance with prudent engineering designs approved in the permit;

D) The degree to which erosion and sediment control is present and functioning;

E) The extent to which the site is located near or above urbanized areas, communities, occupied dwellings, schools and other public or commercial buildings and facilities;

F) The extent of reclamation completed prior to abandonment and the degree of stability of unreclaimed areas, taking into consideration the physical characteristics of the land mined and the extent of settlement or revegetation that has occurred naturally with them; and

G) Based on a review of the complete and partial inspection report record for the site during at least the last two consecutive years, the rate at which adverse environmental or public health and safety conditions have and can be expected to progressively deteriorate.

2. The public notice and opportunity to comment required under subsection (h)(1) above shall be provided as follows:

A) The Department shall place a notice in a local newspaper of general circulation in the locality of the abandoned site providing the public with a 30-day period in which to submit written comments.

B) The public notice shall contain the permittee's name, the permit number, the precise location of the land affected, the inspection frequency proposed, the general reasons for reducing the inspection frequency, the bond status of the permit, the telephone number and address of the Department where written comments on the reduced inspection frequency may be submitted and the closing date of the comment period.

History

• Source: Amended at 22 Ill. Reg. 20163, effective November 5, 1998

62 Ill. Adm. Code 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, upon presentation of appropriate credentials.

b) The Department has statutory authority that authorizes its representatives to inspect any monitoring equipment or method of exploration or operation and to have access to and copy any records required under the Federal Act, the State Act, 62 Ill. Adm. Code 1700-1850, the exploration approval or the permit. This statutory authority provides for representatives to exercise such rights at reasonable times, without advance notice, upon presentation of appropriate credentials. No search warrant shall be required, except that the Department may provide for its use with respect to entry into a building except as otherwise provided by law.

c) Authorized representatives of the Department, without advance notice and on presentation of credentials issued by the Department:

1. May enter any surface coal mining and reclamation operations or any premises in which any records the Department has required be maintained are located; and

2. May at reasonable times and without delay, have access to and copy any records, and inspect any monitoring equipment or method of operation required under the Federal Act, State Act, 62 Ill. Adm. Code 1700-1850 or any coal exploration approval or permit issued under the State Act.

History

• Source: Amended at 11 Ill. Reg. 8036, effective July 1, 1987

62 Ill. Adm. Code 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 approvals or surface coal mining and reclamation operation permits and all documents relating to inspection and enforcement actions.

b) Copies of all records, reports, inspection materials, or information obtained by the Department shall be made immediately available to the public in the area of mining until at least five years after expiration of the period during which the subject operation is active or is covered by any portion of a reclamation bond so that they are conveniently available to residents of that area, except:

1. As otherwise provided by the Freedom of Information Act [5 ILCS 140]; and

2. For information not required to be made available under 62 Ill. Adm. Code 1772.15 and 1773.13(d) or subsection (d) of this Section.

c) The Department shall ensure compliance with subsection (b) by either:

1. Making copies of all records, reports, inspection materials, and other subject information available for public inspection at a Federal, State or local government office in the county where the mining is occurring or proposed to occur; or

2. At the Department's option and expense, if the document is ten pages or less in length, providing copies of subject information promptly by mail at the request of any resident of the area where the mining is occurring or proposed to occur; however, the Department shall maintain for public inspection, at a Federal, State or local government office in the county where the mining is occurring or proposed to occur, a description of the information available for mailing and the procedure for obtaining such information.

d) In order to protect preparation for hearings and enforcement proceedings, the Department may enter into agreements with the Director of the OSMRE regarding procedures for the special handling of investigative and enforcement reports and other such materials, which may limit or refuse availability of investigatory records compiled for law enforcement purposes.

History

• Source: Amended at 24 Ill. Reg. 5905, effective March 21, 2000

62 Ill. Adm. Code 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 representative of the Department reason to believe that a violation, condition, or practice of any requirement of the State Act or any permit condition required by the State Act exists and setting forth a phone number and address where the citizen can be contacted.

b) The identity of any person supplying information to the Department relating to a possible violation or imminent danger or harm shall remain confidential with the Department if requested by that person, unless that person elects to accompany the inspector on the inspection, or unless disclosure is required under State law.

c) If a State inspection is conducted as a result of information provided by a citizen as described in subsection (a), the citizen shall be notified as far in advance as practicable when the inspection is to occur and shall be allowed to accompany the authorized representative of the Department during the inspection. Such person has a right of entry to, upon and through the coal exploration or surface coal mining and reclamation operation about which he or she supplied information, but only if he or she is in the presence of and is under the control, direction and supervision of the authorized representative while on the mine property. Such right of entry does not include a right to enter buildings without consent of the person in control of the building or without a search warrant.

d) Within ten (10) days of the State inspection or, if there is no inspection, within fifteen (15) days of receipt of the citizen's written statement, the Department shall send the citizen the following:

1. If an inspection was made, a description of the enforcement action taken, which may consist of copies of the State inspection report and all notices of violation and cessation orders issued as a result of the inspection or an explanation of why no enforcement action was taken;

2. If no State inspection was conducted, an explanation of the reason why; and

3. An explanation of the citizen's right, if any, to informal review of the action or inaction of the Department under Section 1840.17.

e) The Department shall give copies of all materials in subsections (d)(1) and (2) within the time limits specified in those subsections to the person alleged to be in violation, except that the name of the citizen shall be removed unless disclosure of the citizen's identity is permitted under subsection (b).

History

• Source: Amended at 11 Ill. Reg. 8036, effective July 1, 1987

62 Ill. Adm. Code 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 Department to make adequate State inspections as provided in Section 1840.11. The notification shall include sufficient information to create a reasonable belief that Section 1840.11 is not being complied with and to demonstrate that the person is or may be adversely affected. The Department shall within fifteen (15) days of receipt of the notification determine whether Section 1840.11 is being complied with, and if not, shall immediately order a State inspection to remedy the noncompliance. The Department shall also furnish the complainant with a written statement of the reasons for such determination and the actions, if any, taken to remedy the noncompliance.

History

• Source: Amended at 11 Ill. Reg. 8036, effective July 1, 1987

62 Ill. Adm. Code 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 representative's decision not to inspect or take appropriate enforcement action with respect to any violation alleged by that person in a request for State inspection under Section 1840.15. The request for review shall be in writing and include a statement of how the person is or may be adversely affected and why the decision merits review. The request for review must be submitted within thirty (30) days from the date the citizen is notified of the authorized representative's decision. Failure to file a request for informal review within this thirty (30) day time period shall result in a waiver of the right to such review.

b) The Director or his or her designee shall conduct the review and inform the person, in writing, of the results of the review within thirty (30) days of his or her receipt of the request. The person alleged to be in violation shall also be given a copy of the results of the review, except that the name of the citizen shall not be disclosed unless confidentiality has been waived or disclosure is required under State law.

c) Informal review under this Section shall not affect any right to formal review under 62 Ill. Adm. Code 1847.3 or to a citizen's suit under Section 8.05 of the State Act [225 ILCS 720/8.05].

History

• Source: Amended at 20 Ill. Reg. 1949, effective January 19, 1996

Part 1843 State Enforcement

62 Ill. Adm. Code 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 he finds, on the basis of any State inspection, any condition or practice, or any violation of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1201 et seq.) (Federal Act), the Surface Coal Mining Land Conservation and Reclamation Act [225 ILCS 720] (State Act), 62 Ill. Adm. Code 1700-1850 or any condition of an exploration approval or permit imposed under the Federal Act, the State Act or 62 Ill. Adm. Code 1700-1850 which:

A) Creates an imminent danger to the health or safety of the public; or

B) Is causing or can reasonably be expected to cause significant, imminent environmental harm to land, air, or water resources.

2. Surface coal mining operations conducted by any person without a valid surface coal mining permit constitute a condition or practice which causes or can reasonably be expected to cause significant, imminent environmental harm to land, air or water resources, unless such operations:

A) Are an integral, uninterrupted extension of previously permitted operations, and the person conducting such operations has filed a timely and complete application for a permit to conduct such operations; or

B) Were conducted lawfully without a permit under the interim regulatory program because no permit has been required for such operations by the State of Illinois.

3. If the cessation order under subsection (a)(1) will not completely abate the imminent danger or harm in the most expeditious manner physically possible, the authorized representative of the Department shall impose affirmative obligations on the person to whom it is issued to abate the condition, practice, or violation. The order shall specify the time by which abatement shall be accomplished and may require, among other things, the use of existing or additional personnel and equipment.

b) Failure to abate

1. An authorized representative of the Department shall immediately order a cessation of coal exploration or surface coal mining and reclamation operations, or of the relevant portion thereof, when a notice of violation has been issued under Section 1843.12(a) and the person to whom it was issued fails to abate the violation within the abatement period fixed or subsequently extended by the authorized representative.

2. A cessation order issued under subsection (b)(1) shall require the person to whom it is issued to take all steps the authorized representative of the Department deems necessary to abate the violations covered by the order in the most expeditious manner physically possible.

c) A cessation order issued under subsections (a) or (b) shall be in writing, signed by the authorized representative who issues it, and shall set forth with reasonable specificity:

1. The nature of the condition, practice or violation;

2. The remedial action or affirmative obligation required, if any, including interim steps, if appropriate;

3. The time established for abatement, if appropriate, including the time for meeting any interim steps; and

4. A reasonable description of the portion of the coal exploration or surface coal mining and reclamation operation to which it applies. The order shall remain in effect until the condition, practice, or violation has been abated or until vacated, modified, or terminated in writing by an authorized representative of the Department or until the order expires pursuant to Section 1843.15.

d) Reclamation operations and other activities intended to protect public health and safety and the environment shall continue during the period of any order unless otherwise provided in the order.

e) An authorized representative of the Department may modify, terminate, or vacate a cessation order for good cause, and may extend the time for abatement if the failure to abate within the time previously set was not caused by lack of diligence on the part of the person to whom it was issued.

f) An authorized representative of the Department shall terminate a cessation order, by written notice to the person to whom the order was issued, when he determines that all conditions, practices, or violations listed in the order have been abated. Termination shall not affect the right of the Department to assess civil penalties for those violations under 62 Ill. Adm. Code 1845.

g) Within sixty (60) days after issuing a cessation order, the Department shall notify in writing any person who has been identified under 62 Ill. Adm. Code 1773.17(h) and 1778.13(c) and (d) as owning or controlling the permittee, that the cessation order was issued and that the person has been identified as an owner or controller.

History

• Source: Amended at 14 Ill. Reg. 11906, effective January 1, 1991

62 Ill. Adm. Code 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 62 Ill. Adm. Code 1700 – 1850 which does not create an imminent danger or harm for which a cessation order must be issued under Section 1843.11.

b) A notice of violation issued under this Section shall be in writing, signed by the authorized representative who issued it, and shall set forth with reasonable specificity:

1. The nature of the violation;

2. The remedial action required, which may include interim steps;

3. A reasonable time for abatement, which may include time for accomplishment of interim steps; and

4. A reasonable description of the portion of the coal exploration or surface coal mining and reclamation operation to which it applies.

c) An authorized representative of the Department may extend the time set for abatement or for accomplishment of an interim step, if the failure to meet the time previously set was not caused by lack of diligence on the part of the person to whom it was issued. The total time for abatement under a notice of violation, including all extensions, shall not exceed ninety (90) days from the date of issuance, except upon a showing by the person to whom the notice was issued that, despite extraordinary efforts, it is not possible to abate the violation within ninety (90) calendar days due to one (1) or more of the circumstances in subsection(f). An extended abatement date pursuant to this subsection shall not be granted when the failure or inability to abate within ninety (90) days has been caused by a lack of diligence or intentional delay by the person to whom the notice was issued in completing the remedial action required.

d) If the person to whom the notice was issued fails to meet any time set for abatement or for accomplishment of an interim step, the authorized representative shall issue a cessation order under Section 1843.11(b).

e) An authorized representative of the Department shall terminate a notice of violation by written notice to the person to whom it was issued, when he determines that all violations listed in the notice of violation have been abated. Termination shall not affect the right of the Department to assess civil penalties for those violations under 62 Ill. Adm. Code 1845.

f) Circumstances which may qualify a surface coal mining operation for an abatement period of more than ninety (90) days are:

1. Where the permittee of an ongoing permitted operation has timely applied for and diligently pursued a permit renewal or other necessary approval of designs or plans but such permit or approval has not been or will not be issued within ninety (90) days after a valid permit expires or is required, for reasons not within the control of the permittee;

2. Where there is a valid judicial or administrative order precluding abatement within ninety (90) days as to which the permittee has diligently pursued all rights of appeal and as to which he or she has no other effective legal remedy;

3. Where the permittee cannot abate within ninety (90) days due to a labor dispute;

4. Where climatic conditions preclude abatement within ninety (90) days; or where, due to climatic conditions, abatement within ninety (90) days clearly would cause more environmental harm than it would prevent;

5. Where abatement within ninety (90) days requires action that would violate safety standards established by statute or regulation under the Federal Mine Safety and Health Act of 1977 (30 U.S.C. 801 - 960); or

6. Where abatement of the violation within ninety (90) days would create an imminent danger to the health or safety of the public or would cause, or could reasonably be expected to cause, significant imminent environmental harm to land, air, or water resources.

g) Whenever an abatement time in excess of ninety (90) days is permitted, interim abatement measures shall be imposed to the extent necessary to minimize harm to the public or the environment.

h) If any of the conditions in subsection (f) above exists, the permittee may request the authorized representative to grant an abatement period exceeding ninety (90) days. The authorized representative shall not grant such an abatement period without the concurrence of the Division Supervisor or his or her designee and the abatement period granted shall not exceed the shortest possible time necessary to abate the violation. The permittee shall have the burden of establishing by clear and convincing proof that he or she is entitled to an extension under the provisions of subsections (c) and (f) above. In determining whether or not to grant an abatement period exceeding ninety (90) days the authorized representative may consider any relevant written or oral information from the permittee or any other source. The authorized representative shall promptly and fully document in the file his or her reasons for granting or denying the request. The inspector's immediate supervisor shall review that document before concurring in or disapproving the extended abatement date and shall promptly and fully document the reasons for his or her concurrence or disapproval in the file.

i) Any determination made by the Department under subsection (h) shall provide for a right of appeal in accordance with 62 Ill. Adm. Code 1847.4.

j) No extension granted under subsection (h) above may exceed ninety (90) days in length. Where the condition or circumstances which prevented abatement within ninety (90) days exists at the expiration of any such extension, the permittee may request a further extension, in accordance with the procedures of subsection (h) above.

History

• Source: Amended at 17 Ill. Reg. 11095, effective July 1, 1993

62 Ill. Adm. Code 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 pattern of violations of any requirements of the Federal Act, the State Act, or 62 Ill. Adm. Code 1700 through 1850 or any permit condition exists or has existed, and that the violations were caused by the permittee willfully or through unwarranted failure to comply with those requirements or conditions. Violations by any person conducting surface coal mining operations on behalf of the permittee shall be attributed to the permittee, unless the permittee establishes that they were acts of deliberate sabotage.

2. The Department may determine that a pattern of violations exists or has existed, based upon 2 or more inspections of the permit area within any 12 month period, after considering the circumstances, including:

A) The number of violations, cited on more than one occasion, of the same or related requirements of the Federal Act, the State Act, 62 Ill. Adm. Code 1700 through 1850 or the permit;

B) The number of violations, cited on more than one occasion of different requirements of the Federal Act, the State Act, 62 Ill. Adm. Code 1700 through 1850 or the permit; and

C) The extent to which the violations were isolated departures from lawful conduct.

3. The Department shall promptly review the history of violations of any permittee who has been cited for violations of the same or related requirements of the Federal Act, the State Act, 62 Ill. Adm. Code 1700 through 1850 or the permit during 3 or more State inspections of the permit area within any 12 month period. If, after such review, the Department determines that a pattern of violations exists or has existed, an order to show cause as provided in subsection (a)(1) above shall be issued.

4. Considerations.

A) In determining the number of violations within any 12 month period, the Department shall consider only violations issued as a result of a State inspection carried out:

i) During the permanent regulatory program; or

ii) During the interim regulatory program and before the applicable State program was approved, pursuant to Section 502 or 504 of the Federal Act.

B) The Department may not consider violations issued as a result of inspections other than those mentioned in subsection (a)(4)(A)(i) above in determining whether to exercise discretion under subsection (a)(2) above.

b) Whenever a permittee fails to abate a violation contained in a notice of violation or a cessation order within the abatement period set in the notice or order or as subsequently extended, the Director or his or her designee shall review the permittee's history of violations to determine whether a pattern of violations exists pursuant to this Section, and shall issue as appropriate an order to show cause, which shall be subject to a hearing under 62 Ill. Adm. Code 1847.6.

c) At the same time as the issuance of the order, the Department shall:

1. If practicable, publish notice of the order, including a brief statement of the procedure for intervention in the proceeding, in a newspaper of general circulation in the area of the surface coal mining and reclamation operations;

2. Post the notice at the regional, district or field office closest to the area of the surface coal mining and reclamation operation; and

3. Notify in writing the surety or other bond holder of the issuance of the order.

d) The permittee shall have 30 days from the completion of service of a show cause order in which to file an answer and request a hearing in accordance with 62 Ill. Adm. Code 1847.6.

e) If the Department revokes or suspends the permit and the permittee's right to mine the permittee shall immediately cease surface coal mining operations on the permit area and shall:

1. If the permit and the right to mine are revoked, complete reclamation within the time specified in the order; or

2. If the permit and the right to mine are suspended, complete all affirmative obligations to abate all conditions, practices, or violations, as specified in the order.

History

• Source: Amended at 26 Ill. Reg. 4367, effective March 6, 2002

62 Ill. Adm. Code 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 a copy at the coal exploration or surface coal mining and reclamation operation to the designated agent or to the individual who, based upon reasonable inquiry by the authorized representative, appears to be in charge of the coal exploration or surface coal mining and reclamation operation referred to in the notice or order. If no such individual can be located at the site, a copy may be tendered to any individual at the site who appears to be an employee or agent of the person to whom the notice or order is issued. Service shall be deemed complete upon tender of the notice or order and shall not be deemed incomplete because of refusal to accept.

2. As an alternative to subsection (a)(1) above, service may be made by sending a copy of the notice or order by certified mail or by hand to the person to whom it is issued or his designated agent, or by any alternative means consistent with the rules governing service of a summons and complaint in the Illinois Circuit Courts. Service shall be complete upon tender of the notice or order or of the certified mail and shall not be deemed incomplete because of refusal to accept.

b) The designation of an agent for service of notices and orders shall be made in writing to the Department.

c) The Department shall furnish copies of the notice or order to any person on request.

History

• Source: Amended at 17 Ill. Reg. 11095, effective July 1, 1993

62 Ill. Adm. Code 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 public hearing, if not waived, has been held within that time. The informal public hearing shall be held at or reasonably close to the mine site so that it may be viewed during the hearing or at any other location acceptable to the Department and the person to whom the notice or order was issued. Expiration of a notice or order shall not affect the Department's right to assess civil penalties with respect to the period of time during which the notice or order was in effect, pursuant to 62 Ill. Adm. Code 1845. For the purposes of Section 1843.15 only, "mining" includes:

1. Extracting coal from the earth or from coal waste piles and transporting it within or from the permit area, and

2. The processing, cleaning, concentrating, preparing or loading of coal where such operations occur at a place other than at a mine site.

b) A notice of violation or cessation order shall not expire as provided in subsection (a) above, if the condition, practice or violation in question has not been abated, if the informal public hearing has been waived, or if, with the consent of the person to whom the notice or order was issued, the informal public hearing is held later than thirty (30) days after the notice or order was served. For purposes of this subsection:

1. The informal public hearing will be deemed waived if the person to whom the notice or order was issued:

A) Is informed, by written notice served in the manner provided in subsection (b)(2) below, that he or she will be deemed to have waived an informal public hearing unless he or she requests one within thirty (30) days after service of the notice; and

B) Fails to request an informal public hearing within that time.

2. The written notice referred to in subsection (b)(1)(A) above shall be delivered to such person by an authorized representative or sent by certified mail to such person no later than five (5) days after the notice or order is served on such person.

3. The person to whom the notice or order is issued shall be deemed to have consented to an extension of the time for holding the informal public hearing if his or her request is received on or after the twenty-first (21st) day after service of the notice or order. The extension of time shall be equal to the number of days elapsed after the twenty-first (21st) day.

c) The Department shall give as much advance notice as is practicable of the time, place, and subject matter of the informal public hearing to:

1. The person to whom the notice or order was issued; and

2. Any person who filed a report which led to that notice or order.

d) The Department shall also post notice of the hearing at the Department's office closest to the mine site, and publish it, where practicable, in a newspaper of general circulation in the area of the mine.

e) An informal public hearing shall be conducted by a representative of the Department, who may accept oral or written arguments and any other relevant information from any person attending.

f) Within five (5) days after the close of the informal public hearing, the Department shall affirm, modify, or vacate the notice or order in writing. The decision shall be sent to:

1. The person to whom the notice or order was issued; and

2. Any person who filed a report which led to the notice or order.

g) The granting or waiver of an informal public hearing shall not affect the right of any person to formal review under Sections 8.04(b), 8.06(d), or 8.07 of the State Act. At such formal review proceedings, no evidence as to statements made or evidence produced at an informal public hearing shall be introduced as evidence or to impeach a witness.

h) The person conducting the hearing for the Department shall determine whether or not the mine site should be viewed during the hearing. In making this determination the only consideration shall be whether a review of the mine site will assist the person conducting the hearing in reviewing the appropriateness of the enforcement action or the required remedial action.

History

• Source: Amended at 17 Ill. Reg. 11095, effective July 1, 1993

62 Ill. Adm. Code 1843.16 Formal Review of Citations (repealed)

History

• Source: Repealed at 17 Ill. Reg. 11095, effective July 1, 1993

62 Ill. Adm. Code 1843.17 Temporary Injunctive Relief (repealed)

History

• Source: Repealed at 17 Ill. Reg. 11095, effective July 1, 1993

62 Ill. Adm. Code 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 diligence, inability to comply may be considered only in mitigation of the amount of civil penalty under 62 Ill. Adm. Code 1845 and of the duration of the suspension of a permit under Section 1843.13(e).

62 Ill. Adm. Code 1843.19 Injunctive Relief (repealed)

History

• Source: Repealed at 11 Ill. Reg. 8536, effective July 1, 1987

62 Ill. Adm. Code 1843.20 Intervention (repealed)

History

• Source: Repealed at 17 Ill. Reg. 11095, effective July 1, 1993

62 Ill. Adm. Code 1843.21 Discovery (repealed)

History

• Source: Repealed at 17 Ill. Reg. 11095, effective July 1, 1993

62 Ill. Adm. Code 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 administrative proceeding under the State Act which results in a final order being issued by the Department.

b) Where to file; time for filing. The petition for an award of costs and expenses including attorneys' fees must be filed with the Department within forty-five (45) days of receipt of such order. Failure to make a timely filing of the petition may constitute a waiver of the right to such an award.

c) Contents of petition. A petition filed under Section 1843.22 shall include the name of the person from whom costs and expenses are sought and the following shall be submitted in support of the petition:

1. An affidavit setting forth in detail all costs and expenses including attorney's fees reasonably incurred for, or in connection with, the person's participation in the proceeding;

2. Receipts or other evidence of such costs and expenses; and

3. Where attorney's fees are claimed, evidence concerning the hours expended on the case, the customary commercial rate of payment for such services in the area, and the experience, reputation and ability of the individual or individuals performing the services.

d) Answer.

Any person served with a copy of the petition shall have thirty (30) days from service of the petition within which to file an answer to such petition.

e) Appropriate costs and expenses including attorney's fees may be awarded:

1. To any person from the permittee if:

A) The person initiates any administrative proceedings reviewing enforcement actions, upon a finding that a violation of the State Act, regulations or permit has occurred, or that an imminent hazard existed, or to any person who participates in an enforcement proceeding where such a finding is made if the hearing officer determines that the person made a substantial contribution to the full and fair determination of the issues; or

B) The person initiates or participates in any proceeding under the State Act upon a finding that the person made a substantial contribution to a full and fair determination of the issues.

2. To a permittee from the Department when the permittee demonstrates that the Department issued a cessation order, a notice of violation or an order to show cause why a permit should not be suspended or revoked, in bad faith and for the purpose of harassing or embarrassing the permittee; or

3. To a permittee from any person where the permittee demonstrates that the person initiated a proceeding under Section 8.07 of the State Act or participated in such a proceeding in bad faith for the purpose of harassing or embarrassing the permittee.

4. To the Department where it demonstrates that any person applied for review pursuant to Section 8.07 of the State Act or that any party participated in such a proceeding in bad faith and for the purpose of harassing or embarrassing the Department.

f) Awards. An award under these Sections may include:

1. All costs and expenses, including attorneys' fees; and

2. Expert witness fees, reasonably incurred as a result of initiation and/or participation in a proceeding under the State Act.

History

• Source: Amended at 11 Ill. Reg. 8536, effective July 1, 1987

62 Ill. Adm. Code 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 issued notice or order.

History

• Source: Added at 20 Ill. Reg. 2136, effective January 19, 1996

Part 1845 Civil Penalties

62 Ill. Adm. Code 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 violation issued pursuant to 62 Ill. Adm. Code 1843.

History

• Source: Amended at 11 Ill. Reg. 8014, effective July 1, 1987

62 Ill. Adm. Code 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.

History

• Source: Amended at 11 Ill. Reg. 8014, effective July 1, 1987

62 Ill. Adm. Code 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 be assessed, the amount of the penalty, and whether each day of a continuing violation will be deemed a separate violation for purposes of penalty assessment.

History

• Source: Amended at 11 Ill. Reg. 8014, effective July 1, 1987

62 Ill. Adm. Code 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 with Section 1845.13.

c) Except as provided in subsection (d) below, a penalty shall not be assessed for a notice of violation if an assessment of less than $1,100 is derived in accordance with Section 1845.13.

d) If the assessment for a notice of violation is below $1,100, the Department shall take into account the factors set forth in Section 1845.13 in determining whether to assess the penalty. If it is the permittee's second or more related violation within a twelve (12) month period, a penalty shall be assessed.

History

• Source: Amended at 20 Ill. Reg. 1946, effective January 19, 1996

62 Ill. Adm. Code 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, whether a penalty should be assessed as provided in Section 1845.12(b).

b) The factors to be considered are:

1. History of previous violations. The Department shall assign up to $1,000 based on the permittee's history of previous violations. $20 shall be assigned for each past violation contained in a notice of violation. $100 shall be assigned for each violation contained in a cessation order. The history of previous violations, for the purpose of assigning dollar amounts, shall be determined with respect to a particular coal exploration or surface coal mining operation. Amounts shall be assigned as follows:

A) A violation shall not be counted, if the notice or order is the subject of pending administrative or judicial review or if the time to request such review or to appeal any administrative or judicial decision has not expired, and thereafter it shall be counted for only one year;

B) No violation for which the notice or order has been vacated shall be counted; and

C) Each violation shall be counted without regard to whether it led to a civil penalty assessment.

2. Seriousness. The Department shall assign up to $1,500 based on the seriousness of the violation, as follows:

A) Probability of occurrence. The Department shall assign up to $750 based on the probability of the occurrence of the event which a violated standard is designed to prevent. The amounts shall be assessed according to the following schedule:

Probability of Occurrence

None or Insignificant $ 0.00 to 100.00

B) Extent of potential or actual damage. The Department shall assign up to $750, based on the extent of the potential or actual damage, in terms of area and impact on the public or environment, as follows:

i) If the damage or impact which the violated standard is designed to prevent would remain within the coal exploration or permit area, the Department shall assign from zero dollars ($0) to $300, depending on the duration and extent of the damage or impact.

ii) If the damage or impact which the violated standard is designed to prevent would extend outside the coal exploration or permit area, the Department shall assign from $300 to $750, depending on the duration and extent of the damage or impact.

C) Alternative. In the case of a violation of an administrative requirement, such as a requirement to keep records, the Department shall, in lieu of subsection (b)(2)(A) and (B) above, assign up to $1,000 as follows:

i) First violation of an administrative requirement within twelve (12) month period: zero dollars ($0) to $250.

ii) Second violation of same or related administrative requirement within twelve (12) month period: zero dollars ($0) to $500.

iii) Third violation of same or related administrative requirement within (12) month period: zero dollars ($0) to $1,000.

3. Negligence:

A) The Department shall assign up to $2,500 based on the degree of fault of the person to whom the notice or order was issued in causing or failing to correct the violation, condition, or practice which led to the notice or order, either through act or omission. The sums shall be assessed as follows:

i) A violation which occurs through no negligence shall be assigned zero dollars ($0) for negligence.

ii) A violation which is caused by negligence shall be assigned up to $500.

iii) A violation which occurs through recklessness shall be assigned up to $1,000.

iv) A violation which occurs through knowing or intentional conduct shall be assigned up to $2,500.

B) In determining the degree of negligence involved in a violation and the sum to be assigned, the following definitions apply:

i) No negligence means an inadvertent violation which was unavoidable by the exercise of reasonable care.

ii) Negligence means the failure of a permittee to prevent the occurrence of any violation of the permit or any requirement of the State Act or 62 Ill. Adm. Code 1700 through 1850 due to indifference, lack of diligence, or lack of reasonable care, or the failure to abate any violation of such permit or the State Act due to indifference, lack of diligence, or lack of reasonable care.

iii) Recklessness means disregard of a known or obvious high risk.

iv) Knowing or intentional conduct occurs when the permittee is aware that he is, or will be, in violation of the regulations and fails to correct or avoid the situation.

C) In calculating sums to be assigned for negligence, the acts of all persons working on the coal exploration or surface coal mining and reclamation site shall be attributed to the person to whom the notice or order was issued, unless that person establishes that they were acts of deliberate sabotage.

4. Good faith in attempting to achieve compliance.

A) The Department shall reduce the proposed penalty amount by up to $500 based on the degree of good faith of the person to whom the notice or order was issued in attempting to achieve rapid compliance after notification of the violation.

B) Rapid compliance means that the person to whom the notice or order was issued took extraordinary measures to abate the violation in the shortest possible time and the abatement was achieved before the time set for abatement.

C) No reduction of the proposed penalty amount will be given for normal compliance. Normal compliance means the person to whom the notice or order was issued abated the violation within the time given for abatement.

D) Good faith credit will not be given if the violation is administrative in nature.

History

• Source: Amended at 17 Ill. Reg. 10926, effective July 1, 1993

62 Ill. Adm. Code 1845.14 Determination of Amount of Penalty: Assessment of Separate Violations for Each Day (repealed)

History

• Source: Repealed at 11 Ill. Reg. 8014, effective July 1, 1987

62 Ill. Adm. Code 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 to make such an assessment, the Department shall consider the factors listed in Section 1845.13 and may consider the extent to which the person to whom the notice or order was issued gained any economic benefit as a result of a failure to comply.

b) In addition to the civil penalty provided for in subsection (a), whenever a violation contained in a notice of violation or cessation order has not been abated within the abatement period set in the notice or order or as subsequently extended pursuant to 62 Ill. Adm. Code 1843.12, a civil penalty of not less than seven hundred and fifty dollars ($750) shall be assessed for each day during which such failure to abate continues. Exception: if the person to whom the notice or order was issued initiates review proceedings under Section 8.10 of the State Act with respect to the violation, in which the obligations to abate are suspended by the court, the daily assessment of a penalty shall not be made for any period before entry of a final order by the court.

c) Such penalty for the failure to abate a violation shall not be assessed for more than thirty (30) days for each such violation. If the permittee has not abated the violation within the thirty (30) day period, the Department shall take appropriate action pursuant to Sections 8.04(e), 8.04(f), 8.06(d), or 8.08 of the State Act within thirty (30) days to ensure that abatement occurs or to ensure that there will not be a reoccurrence of the failure to abate.

History

• Source: Amended at 11 Ill. Reg. 8014, effective July 1, 1987

62 Ill. Adm. Code 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 submitted in determining the facts surrounding the violation and the amount of the penalty.

b) The Department shall serve a copy of the proposed assessment and of the worksheet showing the computation of the proposed assessment on the person to whom the notice or order was issued, by certified mail, or by any alternative means consistent with the rules governing service of a summons and complaint in the Illinois Circuit Courts, within thirty (30) days of issuance of the notice or order.

1. If the mail is tendered at the address of that person set forth in the sign required under 62 Ill. Adm. Code 1816.11 or 1817.11, or at any address at which that person is in fact located, and he or she refuses to accept delivery of or to collect such mail, the requirements of subsection (b) shall be deemed to have been complied with upon such tender.

2. Failure by the Department to serve a proposed assessment within thirty (30) days shall not be grounds for dismissal of all or part of such assessment unless the person against whom the proposed penalty has been assessed:

A) Proves actual prejudice as a result of the delay; and

B) Makes a timely objection to the delay. An objection shall be timely only if made in the normal course of a request for hearing made pursuant to 62 Ill. Adm. Code 1847.5

c) Unless a hearing has been requested pursuant to 62 Ill. Adm. Code 1847.5, the Department shall review and reassess any penalty if necessary to consider facts which were not reasonably available on the date of issuance of the proposed assessment because of the length of the abatement period. The Department shall serve a copy of any such reassessment and of the worksheet showing the computation of the reassessment in the manner provided in subsection (b), within thirty (30) days after the date the violation is abated.

History

• Source: Amended at 17 Ill. Reg. 10926, effective July 1, 1993

62 Ill. Adm. Code 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 person wishes to contest either the amount of the penalty or the fact of the violation, forward the proposed penalty assessment to the Department, for placement in escrow, together with a request for hearing pursuant to 62 Ill. Adm. Code 1847.5.

b) If through administrative or judicial review, it is determined either that no violation occurred, or that the amount of the penalty should be reduced, the Department shall, within thirty (30) days of such determination, remit the appropriate amount to the person with interest at the rate of six percent (6%) per annum, or at the prevailing United States Department of the Treasury rate, whichever is greater. Failure to forward the money to the Department within thirty (30) days of receipt of the proposed penalty assessment shall result in a waiver of all legal rights to contest both the fact of the violation and the amount of the penalty.

History

• Source: Amended at 17 Ill. Reg. 10926, effective July 1, 1993

62 Ill. Adm. Code 1845.19 Procedures for Hearing (repealed)

History

• Source: Repealed at 17 Ill. Reg. 10926, effective July 1, 1993

62 Ill. Adm. Code 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 Department and the penalty assessed shall become due and payable upon expiration of the time allowed to request a hearing.

b) If the person to whom a notice of violation or cessation order is issued, or any other party, requests judicial review of a final order of the Department, the proposed penalty paid in accordance with Section 1845.18(a) shall continue to be held in escrow until completion of the review. Absent a request for judicial review, the escrowed funds shall be transferred to the Department in payment of the penalty.

c) Civil penalties owed under Section 1845.20 may be recovered by the Department in a civil action.

d) If the review results in an order increasing the penalty, the person to whom the notice or order was issued shall pay the difference to the Department within fifteen (15) days after the order is mailed to such person.

History

• Source: Amended at 17 Ill. Reg. 10926, effective July 1, 1993

Part 1846 Individual Civil Penalties

62 Ill. Adm. Code 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)].

62 Ill. Adm. Code 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 refusal.

b) Violation, failure or refusal means -

1. A violation of a condition of a permit issued pursuant to Section 2.01 of the State Act (Ill. Rev. Stat. 1987, ch. 96½, par. 7902.01); or

2. A failure or refusal to comply with any order issued under Section 8.06 of the State Act (Ill. Rev. Stat. 1987, ch. 96½, par. 7908.06), or any order incorporated in a final decision issued by the Department under the State Act, except an order incorporated in a decision issued under Section 8.06(b) of the State Act (Ill. Rev. Stat. 1987, ch 96½, par. 7908.06(b)).

c) Willfully means that an individual acted -

1. Either intentionally, voluntarily, or consciously, and

2. With intentional disregard or plain indifference to legal requirements in authorizing, ordering or carrying out a corporate permittee's action or omission that constituted a violation, failure or refusal.

62 Ill. Adm. Code 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, ordered or carried out a violation, failure or refusal.

b) The Department shall not assess an individual civil penalty in situations resulting from a permit violation by a corporate permittee until a cessation order has been issued by the Department to the corporate permittee for the violation, and the cessation order has remained unabated for 30 days.

62 Ill. Adm. Code 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 authorizing, ordering or carrying out previous violations, failures or refusals at the particular surface coal mining operation;

2. The seriousness of the violation, failure, or refusal (as indicated by the extent of damage and/or the cost of reclamation), including any irreparable harm to the environment and any hazard to the health or safety of the public; and

3. The determined good faith of the individual charged in attempting to achieve rapid compliance after notice of the violation, failure or refusal.

b) The penalty shall not exceed $5,000 for each violation. Each day of a continuing violation may be deemed a separate violation and the Department may assess a separate individual civil penalty for each day the violation, failure or refusal continues, from the date of service of the underlying notice of violation, cessation order or other order incorporated in a final decision issued by the Department, until abatement or compliance is achieved.

62 Ill. Adm. Code 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 for the penalty, the amount to be assessed, and a copy of any underlying notice of violation and cessation order.

b) Final order and opportunity for review. The notice of proposed individual civil penalty assessment shall become a final administrative decision of the Department 30 days after service upon the individual unless:

1. The individual files, within 30 days after service of the notice of proposed individual civil penalty assessment, a petition for review with the Department's Springfield office, in accordance with 62 Ill. Adm. Code 1847.8; or

2. The Department and the individual or responsible corporate permittee agree within 30 days after service of the notice of proposed individual civil penalty assessment to a schedule or plan for the abatement or correction of the violation, failure or refusal.

c) Service. For purposes of this Section, service is sufficient if it would satisfy the requirements of 62 Ill. Adm. Code 1843.14.

History

• Source: Amended at 26 Ill. Reg. 4219, effective March 6, 2002

62 Ill. Adm. Code 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 Department's decision.

b) Appeal. If an individual named in a notice of proposed individual civil penalty assessment files a petition for review in accordance with 62 Ill. Adm. Code 1847.8, the penalty shall be due upon issuance of a final administrative decision affirming, increasing or decreasing the proposed penalty.

c) Abatement agreement. Where the Department and the corporate permittee or individual have agreed in writing on a plan for the abatement of or compliance with the unabated order, an individual named in a notice of proposed individual civil penalty assessment may postpone payment until receiving either a final administrative decision from the Department stating that the penalty is due on the date of such final administrative decision, or written notice that abatement or compliance is satisfactory and the penalty has been withdrawn.

History

• Source: Amended at 17 Ill. Reg. 10997, effective July 1, 1993

Part 1847 Administrative and Judicial Review

62 Ill. Adm. Code 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. 87-823, effective July 1, 1992) [5 ILCS 100/10].

62 Ill. Adm. Code 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.

62 Ill. Adm. Code 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 and reclamation operations, a permit revision, a permit renewal, a permit rescission or a transfer, assignment, or sale of permit rights, the applicant, or any person with an interest which is or may be adversely affected, may file a written request for a hearing to contest the decision. The procedures outlined in this Section apply to conflict of interest hearings requested under 62 Ill. Adm. Code 1705.21, review of valid existing right determinations under 62 Ill. Adm. Code 1761.12(g), review of exemption determinations under 62 Ill. Adm. Code 1702.11(f) and 1702.17(c)(2), formal review of decisions not to inspect or enforce under 62 Ill. Adm. Code 1840.17, review of a permit issued pursuant to 62 Ill. Adm. Code 1785.23, review of bond release decisions under Section 1847.9(i) of this Part and review of bond adjustment determinations under 62 Ill. Adm. Code 1800.15. Failure to file a request for hearing within this 30 day time period shall result in a waiver of the right to such hearing; requests for hearing filed after the expiration of the 30 day time period shall be dismissed on motion of the Department in accordance with 62 Ill. Adm. Code 1848.12. A request for hearing is deemed filed the day it is received by the Department.

b) The hearing request shall state:

1. The petitioner's name and address;

2. A clear statement of the facts entitling the petitioner to relief, including the petitioner's interests which is or may be adversely affected by the Department's final decision;

3. How the Department's final decision may or will adversely affect the interests specified;

4. An explanation of each specific alleged error in the Department's final decision, including reference to the statutory and/or regulatory provisions allegedly violated;

5. The specific relief sought from the Department; and

6. Any other relevant information.

c) Any party to the hearing may request that a pre-hearing conference be scheduled, in accordance with 62 Ill. Adm. Code 1848.7.

d) Unless a pre-hearing conference has been scheduled or unless the person requesting the hearing waives the 30 day time limit, the Department shall start the hearing within 30 days after the hearing request. The hearing shall be on the record and adjudicatory in nature. No person who presided at an informal conference under 62 Ill. Adm. Code 1773.13(c) or a public hearing under 62 Ill. Adm. Code 1773.14 shall either preside at the hearing or participate in the decision following the hearing.

e) Notice of hearing. The petitioner and other interested persons shall be given written notice of the hearing in accordance with 62 Ill. Adm. Code 1848.5 at least 5 working days prior to the hearing. Notice of the hearing shall also be posted at the appropriate district or field office.

f) Record of hearing. A complete record of the hearing and all testimony shall be made by the Department and recorded stenographically. Such record shall be maintained and shall be available to the public until at least 60 days after the final decision referred to in subsection (j) is issued.

g) Burden of proof.

1. In a proceeding to review a decision on an application for a new permit:

A) If the permit applicant is seeking review, the Department shall have the burden of going forward to establish a prima facie case as to the failure to comply with the applicable requirements of the State Act or regulations or as to the appropriateness of the permit terms and conditions, and the permit applicant shall have the ultimate burden of persuasion as to entitlement to the permit or as to the inappropriateness of the permit terms and conditions.

B) If any other person is seeking review, that person shall have the burden of going forward to establish a prima facie case and the ultimate burden of persuasion by a preponderance of the evidence that the permit application fails in some manner to comply with the applicable requirements of the State Act or regulations.

2. In all other proceedings held under this Section, the party seeking to reverse the Department's decision shall have the burden of proving by a preponderance of evidence that the Department's decision is in error.

h) Within 30 days after the close of the record, the hearing officer shall issue and serve, by certified mail, each party who participated in the hearing with a proposed decision consisting of proposed written findings of fact, conclusions of law and an order adjudicating the hearing request.

i) Within 10 days after service of the hearing officer's proposed decision, each party to the hearing may file with the hearing officer written exceptions to the hearing officer's proposed decision, stating how and why such decision should be modified or vacated. All parties shall have 10 days after service of written exceptions to file a response with the hearing officer. Failure to file written exceptions or a response is not a failure to exhaust administrative remedies and does not affect a party's right to judicial review.

j) If no written exceptions are filed, the hearing officer's proposed decision shall become final 10 days after service of such decision. If written exceptions are filed, the hearing officer shall within 15 days following the time for filing a response either issue his final administrative decision affirming or modifying his proposed decision, or shall vacate the decision and remand the proceeding for rehearing.

k) Request for temporary relief.

1. Any party may file a request for temporary relief at any time prior to a decision by the hearing officer, so long as the relief sought is not the issuance of a permit where a permit application has been disapproved in whole or in part. The request for temporary relief shall include:

A) A detailed written statement setting forth the reasons why relief should be granted;

B) A statement of the specific relief requested;

C) A showing that there is a substantial likelihood that the person seeking relief will prevail on the merits of the final determination of the proceeding; and

D) A showing that the relief sought will not adversely affect the public health or safety or cause significant, imminent environmental harm to land, air or water resources.

2. The hearing officer may hold a hearing on any issue raised by the request for temporary relief.

3. Within 15 days after the close of the record on the request for temporary relief, the hearing officer shall issue an order or decision granting or denying such temporary relief. Temporary relief may be granted only if:

A) All parties to the proceeding have been notified and given an opportunity to be heard on the request for temporary relief;

B) The person requesting such relief shows a substantial likelihood of prevailing on the merits of the final determination of the proceeding;

C) Such relief will not adversely affect the public health or safety, or cause significant, imminent environmental harm to land, air or water resources; and

D) The relief sought is not the issuance of a permit where a permit has been denied by the Department, in whole or in part, except that continuation under an existing permit shall be allowed where the applicant has a valid permit issued pursuant to 62 Ill. Adm. Code 300.

l) Judicial review.

1. Following service of the Department's final administrative decision, any person with an interest which is or may be adversely affected and who has participated in the administrative hearing under this Section may request judicial review of that decision in accordance with the Administrative Review Law [735 ILCS 5/Art. III], if:

A) The person is aggrieved by the Department's final administrative decision; or

B) The hearing officer or Department failed to act within the time limits specified in the Surface Mining Control and Reclamation Act of 1977 (30 USC 1201 et seq.), the Surface Coal Mining Land Conservation and Reclamation Act (State Act) [225 ILCS 720] or this Section.

2. Review under this subsection (l) shall not be construed to limit rights established in Section 8.05 of the State Act [225 ILCS 720/8.05].

History

• Source: Amended at 26 Ill. Reg. 4189, effective March 6, 2002

62 Ill. Adm. Code 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 violation or cessation order, may request review of that action by filing a request for hearing within thirty (30) days after receiving notice of the action. No extension of time will be granted for filing a request for hearing.

b) Failure to file a request for hearing in accordance with subsection (a) shall not preclude challenging the fact of violation during a civil penalty review proceeding pursuant to 62 Ill. Adm. Code 1847.5.

c) If a hearing has been requested and a civil penalty is subsequently assessed for the notice of violation or cessation order for which the hearing was requested, the proposed penalty assessment must be forwarded to the Department, in accordance with Section 1847.5(c), within thirty (30) days after receipt of the proposed assessment, for placement in escrow, in order to continue the review proceedings. Failure to forward the money to the Department within thirty (30) days after receipt of the proposed penalty assessment shall result in a waiver of all legal rights to contest both the fact of the violation and the amount of the penalty; requests for hearing filed after the expiration of the thirty (30) day time period shall be dismissed on motion of the Department in accordance with 62 Ill. Adm. Code 1848.12.

d) Contents of request. The hearing request shall include:

1. A statement of facts entitling the person to relief;

2. A statement indicating the reasons why the fact of the violation is being contested;

3. A statement of the specific relief requested; and

4. Any other relevant information.

e) Any party to the hearing may request that a pre-hearing conference be scheduled, in accordance with 62 Ill. Adm. Code 1848.7.

f) Notice of hearing. The applicant and other interested persons shall be given written notice of the hearing in accordance with 62 Ill. Adm. Code 1848.5 at least five (5) working days prior thereto. Notice of the hearing shall also be posted at the appropriate district or field office, at the mine site, and to the extent possible in a newspaper of general circulation in the area of the mine at least five (5) days prior to the hearing.

g) Record of hearing. A complete record of the hearing and all testimony shall be made by the Department and recorded stenographically. Such record shall be maintained and shall be available to the public until at least sixty (60) days after the final decision referred to in subsection (k) is issued.

h) Burden of proof.

1. In citation hearing proceedings conducted under this Section, the Department shall have the burden of going forward to establish a prima facie case as to the validity of the notice, order, or modification, vacation or termination thereof.

2. The ultimate burden of persuasion shall rest with the person who requested the hearing.

i) Within thirty (30) days after the close of the record, the hearing officer shall issue and serve, by certified mail, each party who participated in the hearing with a proposed decision consisting of proposed written findings of fact, conclusions of law and an order adjudicating the hearing request.

j) Within ten (10) days after service of the hearing officer's proposed decision, each party to the hearing may file with the hearing officer written exceptions to the hearing officer's proposed decision, stating how and why such decision should be modified or vacated. All parties shall have ten (10) days after service of written exceptions to file a response thereto with the hearing officer. Failure to file written exceptions or a response thereto is not a failure to exhaust administrative remedies and does not affect a party's right to judicial review.

k) If no written exceptions are filed, the hearing officer's proposed decision shall become final ten (10) days after service of such decision. If written exceptions are filed, the hearing officer shall within fifteen (15) days following the time for filing a response thereto either issue his final administrative decision affirming or modifying his proposed decision, or shall vacate the decision and remand the proceeding for rehearing.

l) The filing of a request for a hearing under this Section shall not operate as a stay of any notice or order, or of any modification, termination, or vacation of any notice or order.

m) Settlement agreement.

1. If a settlement agreement is entered into at any stage of the hearing process, the person to whom the notice or order was issued will be deemed to have waived all right to further review of the violation or penalty in question, except as otherwise expressly provided for in the settlement agreement. The settlement agreement shall contain a waiver clause to this effect.

2. If full payment of the amount specified in the settlement agreement is not received by the Department within the agreed upon period after the date of signing, the Department may enforce the agreement or rescind it and proceed to collect the original face amount of the assessment within thirty (30) days from the date of the rescission.

n) Summary disposition. Where the person against whom the notice of violation or cessation order was issued fails to appear at a hearing requested by him, that person will be deemed to have waived his right to a hearing and the hearing officer may assume for purposes of the proceeding:

1. That each violation listed in the notice of violation or cessation order occurred; and

2. The truth of any facts alleged in such notice or order.

o) Temporary relief.

1. Pending completion of a hearing held under this Section, the applicant may file with the Department a written request for temporary relief from any notice or order issued under Section 8.06 of the State Act. The applicant shall not apply to the courts for immediate injunctive relief until a written order or decision granting or denying temporary relief is issued by the hearing officer.

2. When to file. An application for temporary relief may be filed by any party to a proceeding under this Section at any time prior to a decision by the hearing officer.

3. Contents of application. The application for temporary relief shall include:

A) A detailed written statement setting forth the reasons why relief should be granted;

B) A showing that there is a substantial likelihood that the findings of the Department will be favorable to the applicant;

C) A statement that the relief sought will not adversely affect the health and safety of the public or cause significant, imminent environmental harm to land, air or water resources;

D) If the application relates to an order of cessation issued pursuant to Section 8.06(b) or (c) of the State Act, a statement of whether the requirement of Section 8.07(d) of the State Act for decision on the request within five (5) days is waived; and

E) A statement of the specific relief requested.

4. Response to application. Except as provided in subsection (o)(5)(B) below, all parties to the proceeding to which the application relates shall have five (5) days from the date of receipt of the application to file a written response.

5. Determination on application.

A) If the five (5) day requirement of Section 8.07(d) of the State Act is waived, the hearing officer shall expeditiously conduct a hearing and render a decision on the application for temporary relief.

B) If there is no waiver of the five (5) day requirement of Section 8.07(d) of the State Act, the following special rules shall apply:

i) The five (5) day time for decision shall not begin to run until the application is received by the hearing officer.

ii) The applicant shall serve all parties with a copy of the application simultaneously with the filing of the application. If service is accomplished by mail, the applicant shall inform such other parties by telephone at the time of mailing that an application is being filed, the contents of the application and with whom the application was filed.

iii) All parties may indicate their objection to the application by communicating such objection to the hearing officer and the applicant by telephone. All parties shall simultaneously reduce their objections to writing. The written objections must be immediately filed with the hearing officer and served upon the applicant.

iv) Upon receipt of the application the hearing officer shall immediately schedule a hearing and inform all parties of the time, date and location of the hearing by telephone. The hearing officer shall reduce such communication to writing in the form of a memorandum to the file. Such hearing may be conducted by telephone if all parties are so amenable.

v) The hearing officer shall either rule from the bench on the application for temporary relief, orally stating the reasons for his decision, or he shall within twenty-four (24) hours of completion of the hearing issue a written decision.

vi) The order or decision of the hearing officer shall be issued within five (5) working days after the receipt of the application for temporary relief.

vii) If at any time after the initiation of this expedited procedure, the applicant requests a delay or acts in a manner so as to frustrate the expeditious nature of this proceeding or fails to supply the information required by subsection (o)(3), such action shall constitute a waiver of the five (5) day requirement of Section 8.07(d) of the State Act.

6. Temporary relief may be granted under such conditions as the hearing officer may prescribe, if:

A) Unless waived, a hearing has been held in the locality of the permit area on the request for temporary relief in which all parties were given an opportunity to be heard;

B) The applicant shows that there is substantial likelihood that the finding of the Department will be favorable to him; and

C) Such relief will not adversely affect the health and safety of the public or cause significant, imminent environmental harm to land, air or water resources.

p) Judicial review. Following service of the Department's final administrative decision, the permittee or any affected person may request judicial review of that decision in accordance with the Administrative Review Law [735 ILCS 5/Art. III].

History

• Source: Amended at 20 Ill. Reg. 1919, effective January 19, 1996

62 Ill. Adm. Code 1847.5 Civil Penalty Assessment Hearings

a) Within thirty (30) days after receipt of a proposed civil penalty assessment, the person against whom the proposed penalty was assessed may request a hearing to contest the fact of the violation or the proposed penalty by filing a written request for hearing.

b) The request for hearing shall include:

1. A short and plain statement indicating the reasons why either the amount of the penalty or the fact of the violation is being contested;

2. Identification by number of all violations being contested; and

3. The identifying number of the cashier's check, certified check, bank draft, personal check, or bank money order accompanying the hearing request.

c) The hearing request shall be accompanied by:

1. Full payment of the proposed assessment in the form of a cashier's check, certified check, bank draft, personal check or bank money order made payable to the Illinois Department of Natural Resources, Office of Mines and Minerals to be placed in an escrow account pending final determination of the assessment; and

2. On the face of the payment an identification by number of the violation(s) for which payment is being tendered.

d) Failure to file the proposed penalty assessment with the Department within thirty (30) days after receipt of the proposed penalty assessment shall result in a waiver of all legal rights to contest both the fact of the violation and the amount of the penalty.

e) No extension of time will be granted for full payment of the proposed penalty assessment. If payment is not made within the time period established in this Section, the fact of the violation and the appropriateness of the amount of the penalty shall be deemed admitted, the request for hearing shall be dismissed on motion of the Department in accordance with 62 Ill. Adm. Code 1848.12, and the civil penalty assessment shall become a final administrative decision of the Department.

f) Any party to the hearing may request that a pre-hearing conference be scheduled, in accordance with 62 Ill. Adm. Code 1848.7.

g) The applicant and other interested persons shall be given written notice of the hearing in accordance with 62 Ill. Adm. Code 1848.5 at least five (5) working days prior thereto. Notice of the hearing shall also be posted at the appropriate district or field office, at the mine site, and to the extent possible in a newspaper of general circulation in the area of the mine at least five (5) days prior to the hearing.

h) Settlement agreement.

1. If a settlement agreement is entered into at any stage of the hearing process, the person to whom the notice or order was issued will be deemed to have waived all right to further review of the violation or penalty in question, except as otherwise expressly provided for in the settlement agreement. The settlement agreement shall contain a waiver clause to this effect.

2. If full payment of the amount specified in the settlement agreement is not received by the Department within the agreed upon period after the date of signing, the Department may enforce the agreement or rescind it and proceed to collect the original face amount of the assessment within thirty (30) days from the date of the rescission.

i) Summary disposition.

1. Where the person against whom the proposed civil penalty is assessed fails to appear at a hearing, that person will be deemed to have waived his right to a hearing and the hearing officer may assume for purposes of the assessment:

A) That each violation listed in the notice of violation or cessation order occurred; and

B) The truth of any facts alleged in such notice or order.

2. In order to issue an order or decision assessing the appropriate penalty when the person against whom the proposed civil penalty was assessed fails to appear at the hearing, the hearing officer shall either conduct an ex parte hearing or require the Department to furnish proposed findings of fact and conclusions of law.

j) Record of hearing. A complete record of the hearing and all testimony shall be made by the Department and recorded stenographically. Such record shall be maintained and shall be available to the public until at least sixty (60) days after the final decision referred to in subsection (n) of this Section has been issued.

k) Burden of proof. In civil penalty review proceedings, the Department shall have the burden of going forward to establish a prima facie case as to the fact of the violation and the amount of the civil penalty and the ultimate burden of persuasion as to the amount of the civil penalty. The person who requested the hearing shall have the ultimate burden of persuasion as to the fact of the violation.

l) Within thirty (30) days after the close of the record, the hearing officer shall issue and serve, by certified mail, each party who participated in the hearing with a proposed decision consisting of proposed written findings of fact, conclusions of law and an order adjudicating the hearing request.

1. If the hearing officer finds that:

A) A violation occurred or that the fact of the violation is uncontested, he shall establish the amount of the penalty giving due weight to the Department's proposed civil penalty assessment amount;

B) No violation occurred, he shall issue an order that the proposed assessment be returned to the petitioner.

2. If the hearing officer reduces the amount of the civil penalty below that of the Department's proposed assessment, the Department shall within thirty (30) days remit the appropriate amount to the person who made the payment, with interest at the rate of six (6) percent, or at the prevailing United States Department of Treasury rate, whichever is greater.

3. If the hearing officer increases the amount of the civil penalty above that of the Department's proposed assessment, the hearing officer shall order payment of the appropriate amount within thirty (30) days after receipt of the decision.

m) Within ten (10) days after service of the hearing officer's proposed decision, each party to the hearing may file with the hearing officer written exceptions to the hearing officer's proposed decision, stating how and why such decision should be modified or vacated. All parties shall have ten (10) days after service of written exceptions to file a response thereto with the hearing officer. Failure to file written exceptions or a response thereto is not a failure to exhaust administrative remedies and does not affect a party's right to judicial review.

n) If no written exceptions are filed, the hearing officer's proposed decision shall become final ten (10) days after service of such decision. If written exceptions are filed, the hearing officer shall within fifteen (15) days following the time for filing a response thereto either issue his final administrative decision affirming or modifying his proposed decision, or shall vacate the decision and remand the proceeding for rehearing.

o) Judicial review. Following service of the Department's final administrative decision, the permittee or any affected person may request judicial review of that decision in accordance with the Administrative Review Law [735 ILCS 5/Art. III].

History

• Source: Amended at 20 Ill. Reg. 1919, effective January 19, 1996

62 Ill. Adm. Code 1847.6 Show Cause Hearings

a) Whenever a show cause order is issued under 62 Ill. Adm. Code 1843.13, the permittee shall have thirty (30) days from the completion of service of the show cause order in which to file an answer and request a hearing.

b) Contents of answer. The permittee's answer to a show cause order shall contain a statement setting forth:

1. A detailed explanation as to why a pattern of violations does not exist or has not existed, including all reasons for contesting:

A) The fact of any of the violations alleged by the Department as constituting a pattern of violations;

B) The willfulness of such violations; or

C) Whether such violations were caused by the unwarranted failure of the permittee;

2. All mitigating factors the permittee believes exist in determining the terms of the revocation or the length and terms of the suspension;

3. Any other alleged relevant facts; and

4. Whether a hearing on the show cause order is desired.

c) Show cause hearings shall be held at the Department's Springfield, Illinois office.

d) Any party to the hearing may request that a pre-hearing conference be scheduled, in accordance with 62 Ill. Adm. Code 1848.7.

e) Notice of hearing. The Department shall give written notice of the hearing in accordance with 62 Ill. Adm. Code 1848.5 to all parties. The Department shall publish the notice, if practicable, in a newspaper of general circulation in the area of the surface coal mining and reclamation operation, and shall post it at the Department's office closest to the operation.

f) Settlement agreement. If a settlement agreement is entered into at any stage of the hearing process, the person to whom the show cause order was issued will be deemed to have waived all right to further review of the show cause order, except as otherwise expressly provided for in the settlement agreement. The settlement agreement shall contain a waiver clause to this effect.

g) Summary disposition. Where the person to whom the show cause order was issued fails to appear at the hearing, that person will be deemed to have waived his right to a hearing and the hearing officer may assume the truth of any facts alleged in the show cause order.

h) Burden of proof. In proceedings to suspend or revoke a permit, the Department shall have the burden of going forward to establish a prima facie case for suspension or revocation of the permit. The ultimate burden of persuasion that the permit should not be suspended or revoked shall rest with the permittee.

i) Record of hearing. A complete record of the hearing and all testimony shall be made by the Department and recorded stenographically. Such record shall be maintained and shall be available to the public until at least sixty (60) days after the final decision referred to in subsection (1) is issued.

j) Within thirty (30) days after the close of the record, the hearing officer shall issue and serve, by certified mail, each party who participated in the hearing with a proposed decision consisting of proposed written findings of fact, conclusions of law and an order adjudicating the hearing request. The hearing officer's proposed decision shall include a determination as to whether a pattern of violations exists and, if appropriate, a proposed order suspending or revoking the permit. Permit suspension shall be imposed if the hearing officer determines that this remedy creates less potential harm to the environment and to the health and safety of the public than permit revocation.

k) Within ten (10) days after service of the hearing officer's proposed decision, each party to the hearing may file with the hearing officer written exceptions to the hearing officer's proposed decision, stating how and why such decision should be modified or vacated. All parties shall have ten (10) days after service of written exceptions to file a response thereto with the hearing officer. Failure to file written exceptions or a response thereto is not a failure to exhaust administrative remedies and does not affect a party's right to judicial review.

l) If no written exceptions are filed, the hearing officer's proposed decision shall become final ten (10) days after service of such decision. If written exceptions are filed, the hearing officer shall within fifteen (15) days following the time for filing a response thereto either issue his final administrative decision affirming or modifying his proposed decision, or shall vacate the decision and remand the proceeding for rehearing.

m) Failure to file a timely answer or request for hearing on a show cause order upon which service is deemed complete under 62 Ill. Adm. Code 1843.14 shall, upon motion of the Department in accordance with 62 Ill. Adm. Code 1848.12, result in the Department's issuance of an order suspending or revoking the permit and the permittee's right to mine, which shall constitute the Department's final administrative decision in the matter.

n) Judicial review. Following service of the Department's final administrative decision, the permittee may request judicial review of that decision in accordance with the Administrative Review Law [735 ILCS 5/Art. III].

History

• Source: Amended at 20 Ill. Reg. 1919, effective January 19, 1996

62 Ill. Adm. Code 1847.7 Bond Forfeiture Hearings

a) Time for request. After receipt of bond forfeiture notification in accordance with 62 Ill. Adm. Code 1800.50(a)(1), the permittee may request a hearing. The hearing must be requested within fifteen (15) days after the permittee's receipt of bond forfeiture notification. If the permittee does not request a hearing within fifteen (15) days after receipt of the bond forfeiture notification, the Department shall issue a final administrative decision ordering forfeiture. The Department's final administrative decision ordering bond forfeiture shall be transmitted to the Attorney General for collection at the expiration of the time to perfect administrative review pursuant to subsection (1).

b) Bond forfeiture hearings shall be held at the Department's Springfield, Illinois office.

c) Any party to the hearing may request that a pre-hearing conference be scheduled, in accordance with 62 Ill. Adm. Code 1848.7.

d) Notice of hearing. All parties shall be given written notice of the hearing in accordance with 62 Ill. Adm. Code 1848.5 at least five (5) working days prior thereto. Notice of the hearing shall also be posted at the Department's offices.

e) Settlement agreement. If a settlement agreement is entered into at any stage of the hearing process, the person to whom the bond forfeiture notification was issued will be deemed to have waived all right to further review of the bond forfeiture notification, except as otherwise expressly provided for in the settlement agreement. The settlement agreement shall contain a waiver clause to this effect.

f) Summary disposition. Where the person to whom the bond forfeiture notification was issued fails to appear at the hearing, that person will be deemed to have waived his right to a hearing and the hearing officer may assume the truth of any facts alleged in the bond forfeiture notification.

g) Burden of proof. In bond forfeiture proceedings the Department shall have the burden of going forward to establish a prima facie case for bond forfeiture. The ultimate burden of persuasion that the bond should not be forfeited shall rest with the permittee.

h) Record of hearing. A complete record of the hearing and all testimony shall be made by the Department and recorded stenographically. Such record shall be maintained and shall be available to the public until at least sixty (60) days after the final decision referred to in subsection (k) is issued.

i) Within thirty (30) days after the close of the record for the bond forfeiture hearing, the hearing officer shall issue and serve, by certified mail, each party who participated in the hearing with a proposed decision consisting of proposed written findings of fact, conclusions of law and an order adjudicating the bond forfeiture determination.

j) Within ten (10) days after service of the hearing officer's proposed decision, each party to the hearing may file with the hearing officer written exceptions to the hearing officer's proposed decision, stating how and why such decision should be modified or vacated. All parties shall have ten (10) days after service of written exceptions to file a response thereto with the hearing officer. Failure to file written exceptions or a response thereto is not a failure to exhaust administrative remedies and does not affect a party's right to judicial review.

k) If no written exceptions are filed, the hearing officer's proposed decision shall become final ten (10) days after service of such decision. If written exceptions are filed, the hearing officer shall within fifteen (15) days following the time for filing a response thereto either issue his final administrative decision affirming or modifying his proposed decision, or shall vacate the decision and remand the proceeding for rehearing.

l) The Department's final administrative decision may be appealed in accordance with the Administrative Review Law [735 ILCS 5/Art. III].

History

• Source: Amended at 20 Ill. Reg. 1919, effective January 19, 1996

62 Ill. Adm. Code 1847.8 Individual Civil Penalty Hearings

a) Scope. These regulations govern administrative review of proposed individual civil penalty assessments under Section 8.04(f) of the State Act against a director, officer or agent of a corporation. An individual served a notice of proposed individual civil penalty assessment under 62 Ill. Adm. Code 1846 may file a petition for review with the Department in accordance with this Section.

b) Time for filing.

1. A petition for review of a notice of proposed individual civil penalty assessment must be filed within thirty (30) days of its service on the individual.

2. No extension of time will be granted for filing a petition for review of a notice of proposed individual civil penalty assessment. Failure to file a petition for review within the time period provided in subsection (b)(1) shall be deemed an admission of liability by the individual and the notice of proposed assessment shall become a final administrative decision of the Department.

c) Contents of petition. An individual filing a petition for review of a notice of proposed individual civil penalty assessment shall provide a concise statement of the facts entitling the individual to relief.

d) Any party to the hearing may request that a pre-hearing conference be scheduled, in accordance with 62 Ill. Adm. Code 1848.7.

e) Notice of hearing. The hearing officer shall give notice of the hearing in accordance with 62 Ill. Adm. Code 1848.5 to all interested parties at least five (5) working days prior thereto.

f) Settlement agreement. If a settlement agreement is entered into at any stage of the hearing process, the person against whom the individual civil penalty was proposed to be assessed will be deemed to have waived all right to further review of the proposed assessment, except as otherwise expressly provided for in the settlement agreement. The settlement agreement shall contain a waiver clause to this effect.

g) Summary disposition. Where the person against whom the individual civil penalty was proposed to be assessed fails to appear at the hearing, that person will be deemed to have waived his right to a hearing and the hearing officer may assume the truth of any facts alleged in the notice of proposed individual penalty assessment.

h) Record of hearing. A complete record of the hearing and all testimony shall be made by the Department and recorded stenographically. Such record shall be maintained and shall be available to the public until at least sixty (60) days after the Director's decision referred to in subsection (1) is issued.

i) Elements; burdens of proof.

1. The Department shall have the burden of going forward with evidence to establish a prima facie case that the individual was a corporate director, officer or agent of a corporate permittee who knowingly and willfully authorized, ordered or carried out a violation, failure or refusal under 62 Ill. Adm. Code 1846. A showing that the Department served the individual with a notice of proposed individual civil penalty assessment in accordance with 62 Ill. Adm. Code 1846.17, that at the time of such service the individual was a director, officer or agent of the corporate permittee and that a violation that was the subject of the cessation order issued to the corporate permittee has not been abated is sufficient to establish the Department's prima facie case.

2. The individual shall have the ultimate burden of persuasion by a preponderance of the evidence as to the elements set forth in subsection (i)(1).

j) Within thirty (30) days after the close of the record, the hearing officer shall issue and serve, by certified mail, each party who participated in the hearing with a proposed decision consisting of proposed written findings of fact, conclusions of law on each of the elements set forth in subsection (i)(1) and an order adjudicating the hearing request.

k) Within fifteen (15) days after service of the hearing officer's proposed decision, each party to the hearing may file with the Director written exceptions to the hearing officer's proposed decision, stating how and why such decision should be modified or vacated. All parties shall have fifteen (15) days after service of written exceptions to file a response thereto with the Director. Failure to file written exceptions or a response thereto is not a failure to exhaust administrative remedies and does not affect a party's right to judicial review.

l) If no written exceptions are filed, the hearing officer's proposed decision shall become final fifteen (15) days after service of such decision. If written exceptions are filed, the Director shall within fifteen (15) days following the time for filing a response thereto either issue the Department's final administrative decision affirming or modifying the hearing officer's decision or shall vacate the hearing officer's decision and remand the proceeding to the hearing officer for further action.

m) Judicial review. The Department's final administrative decision shall be appealed in accordance with the Administrative Review Law (Ill. Rev. Stat. 1991, ch. 110, pars. 3-101 through 3-112) [735 ILCS 5/3].

62 Ill. Adm. Code 1847.9 Bond Release Public Hearings

a) A hearing requested pursuant to 62 Ill. Adm. Code 1800.40(d) shall be held within 30 days after receipt of the request for hearing.

b) Bond release public hearings shall be held in the locality of the surface coal mining operation from which bond release is sought, at the location of the Department's office, or at the State capital, at the option of the objector.

c) Notice of hearing. All parties shall be given written notice of the hearing at least 5 working days prior to the hearing. The Department shall advertise the date, time and location of the hearing in a newspaper of general circulation in the locality of the surface coal mining operation for 2 consecutive weeks.

d) The Department shall appoint a hearing officer to conduct the hearing. The hearing officer shall be a licensed attorney or an employee of the Department. The hearing officer shall conduct a fair hearing and shall take all necessary action to avoid delay, to maintain order, and to develop a clear and complete record. He or she shall have all powers necessary to these ends, including but not limited to the power to change the time and place of the hearing and adjourn the hearing from time to time or from place to place within the county of the surface coal mining and reclamation operation and to give due notice of that action consistent with the notice requirement of subsection (c).

e) The hearing shall be informal.

1. All participants in the public hearing shall have the right to be represented by counsel or by some other authorized representative.

2. The hearing officer shall allow the applicant and any interested persons to present data, views or arguments relevant to the bond release application.

3. Where necessary in order to prevent undue prolongation of the hearing, the hearing officer shall establish a time period during which the participants shall be heard. Every effort will be made to allow all persons who wish to make a statement to do so.

4. A verbatim transcript of the hearing shall be maintained by a court reporter appointed by the Department and shall constitute a part of the record. Copies of the transcript shall be furnished, at cost, upon request to the court reporter. The record shall be maintained by the Department and shall be accessible to the public at the Department's Springfield Office until final release of the applicant's reclamation performance bond.

5. The record shall remain open for additional written statements responsive to statements or other documents for 10 days following the close of the hearing, or for such other reasonable time as the hearing officer may direct.

f) If the hearing request is withdrawn, the hearing need not be held.

g) Record of hearing. A complete record of the hearing and all testimony shall be made by the Department and recorded stenographically. The record shall be maintained and shall be available to the public until at least 60 days after the Department's final decision on the bond release application.

h) The Department shall issue and serve, by certified mail, each party who participated in the hearing with the Department's bond release decision.

i) Any person with a valid legal interest who either filed written objections to the bond release or were a party to the public hearing may request an administrative hearing on the Department's final decision on the bond release application by filing a request for hearing in accordance with the procedures set forth in Section 1847.3.

History

• Source: Amended at 27 Ill. Reg. 4703, effective February 26, 2003

Part 1848 General Rules Relating to Procedure and Practice

62 Ill. Adm. Code 1848.1 Scope and Purpose

a) In the interest of establishing and maintaining uniformity to the extent feasible, this Part sets forth, unless otherwise noted, general rules applicable to hearings conducted under 62 Ill. Adm. Code 1847.

b) As used in this Part and unless otherwise specified, "hearing" shall be deemed to include the various types of hearings set forth in 62 Ill. Adm. Code 1847.

62 Ill. Adm. Code 1848.2 Documents

a) Filing of documents. The effective filing date for documents shall be the date of receipt by the Department's Springfield, Illinois office.

b) Service. A copy of each document filed in a review proceeding under 62 Ill. Adm. Code 1847 must be served by the filing party on the other party or parties to the proceeding. In all cases where a party is represented by an attorney, such attorney will be recognized as fully controlling the case on behalf of his client, and service of any document relating to the proceeding shall be made upon such attorney in addition to any other service specifically required by law. Where a party is represented by more than one attorney, service upon one of the attorneys shall be sufficient.

c) Retention of documents. All documents, books, records, papers, etc., received in evidence in a hearing or submitted for the record in any proceeding will be retained with the official record of the proceeding.

d) Record address. Every person who files a document for the record or requests notice in connection with a proceeding conducted under 62 Ill. Adm. Code 1847 shall at the time of his initial filing in the matter state his address. If a person fails to furnish a record address as required herein he will not be entitled to notice in connection with the proceedings.

e) Computation of time. Computation of any period of time prescribed herein shall be done in accordance with 62 Ill. Adm. Code 1700.15.

f) Extensions of time.

1. Upon a showing of just cause, the time for filing or serving any document may be extended by the hearing officer before whom the proceeding is pending except where such extension is contrary to law or regulation.

2. A request for an extension of time must be filed within the time allowed for the filing or serving of the document.

g) Petitions for review and requests for hearing. Petitions for review and requests for hearing under 62 Ill. Adm. Code 1847 shall be filed with the Illinois Department of Natural Resources, Office of Mines and Minerals, Land Reclamation Division, 524 S. Second Street, Springfield, Illinois 62701-1787.

62 Ill. Adm. Code 1848.3 Transcript of Hearings

A verbatim transcript of any hearing held under 62 Ill. Adm. Code 1847 shall be provided to the Department by a court reporter appointed by the Department, and shall constitute a part of the record. Copies of the transcript shall be furnished, at cost, upon request to the court reporter.

62 Ill. Adm. Code 1848.5 Notice of Hearing

The hearing officer shall give written notice of hearing to the parties. Such notice shall include:

a) A statement of the time, place and nature of the hearing;

b) A statement of the legal authority and jurisdiction under which the hearing is to be held;

c) A reference to the particular section of the substantive and procedural statutes and rules involved;

d) A short and plain statement of the matters asserted, the consequences of a failure to respond and the official file or other reference number or name;

e) The names and mailing addresses of the hearing officer and all parties and other persons to whom notice of the hearing is given;

f) Permit hearing notices. If the hearing concerns review of a permit decision under 62 Ill. Adm. Code 1847.3, a notice containing the information set forth in subsections (a) and (b) above shall be published in a newspaper of general circulation published in each county in which any part of the area of the affected land is located. The notice shall appear no more than fourteen (14) days nor less than seven (7) days prior to the date of the hearing. The notice shall be no less than one eighth page in size, and the smallest type used shall be twelve point and shall be enclosed in a black border no less than 1/4 inch wide. The notice shall not be placed in that portion of the newspaper where legal notices and classified advertisements appear.

History

• Source: Amended at 20 Ill. Reg. 1989, effective January 19, 1996

62 Ill. Adm. Code 1848.6 Ex Parte Contacts

Ex parte contacts between the parties and the hearing officer concerning the merits of a proceeding are prohibited except upon notice and opportunity for all parties to participate. This Section does not prohibit communications concerning case status or advice concerning compliance with procedural requirements unless the area of inquiry is in fact an area of controversy in the proceeding.

62 Ill. Adm. Code 1848.7 Pre-Hearing Conferences

At the request of any party to a hearing, a pre-hearing conference shall be scheduled by the hearing officer:

a) To define the factual and legal issues to be litigated at the hearing;

b) To set a discovery schedule for the hearing, in accordance with 62 Ill. Adm. Code 1848.9;

c) To schedule a date for the hearing; and

d) To arrive at an equitable settlement of the hearing request, if possible.

62 Ill. Adm. Code 1848.8 Intervention

a) Any person may petition for leave to intervene at any stage of a proceeding under 62 Ill. Adm. Code 1847.

b) A petitioner for leave to intervene shall incorporate in the petition a statement setting forth the interest of the petitioner and, if he had a statutory right to initiate the proceeding, a showing of why his interest is or may be adversely affected.

c) The Department or the hearing officer shall grant the petition to intervene where the petitioner:

1. Had a statutory right to initiate the proceeding in which he wishes to intervene; or

2. Has an interest which is or may be adversely affected by the outcome of the proceeding.

d) If neither subsection (c)(1) nor (c)(2) above apply, the hearing officer or the Department shall consider the following in determining whether intervention is appropriate:

1. The nature of the issues;

2. The adequacy of representation of petitioner's interest which is provided by the existing parties to the proceeding;

3. The ability of the petitioner to present relevant evidence and argument; and

4. The effect of intervention on the agency's implementation of its statutory mandate.

e) Any person granted leave to intervene in a proceeding shall participate in such proceeding as a full party or, if permitted by the Department or the hearing officer, in a capacity less than that of a full party. If an intervener wishes to participate in a limited capacity, the extent and the terms of such participation shall be at the discretion of the Department or the hearing officer and shall be defined by the Department or the hearing officer.

62 Ill. Adm. Code 1848.9 Discovery

a) Discovery methods. Parties may obtain discovery by one or more of the following methods:

1. Depositions upon oral examination or upon written questions;

2. Written interrogatories;

3. Production of documents or things or permission to enter upon land or other property, for inspection and other purposes; or

4. Requests for admission.

b) Time for discovery. A party desiring to initiate discovery shall request a pre-hearing conference for purposes of setting a discovery schedule. At such pre-hearing conference, the requesting party shall present the hearing officer and other parties with a proposed discovery plan and schedule. Any discovery approved by the hearing officer shall be conducted in accordance with this Section.

c) Scope of discovery.

1. Unless otherwise limited by order of the hearing officer in accordance with these rules, the parties may obtain discovery regarding any matter, not privileged, which is relevant to the subject matter involved in the proceeding, including the existence, description, nature, custody, condition, and location of any books, documents, or other tangible things and the identity and location of persons having knowledge of any discoverable matter. To the extent that any aspect of discovery is not addressed in this Section, the rules of discovery as applied in civil cases in the circuit courts of Illinois shall be followed. In the case of conflict between this Section and the rules of discovery as applied in civil cases in the circuit courts of Illinois, the latter shall govern.

2. Upon motion by a party or the person from whom discovery is sought, and for good cause shown, the hearing officer may make any order which justice requires to protect a party or person from annoyance, embarrassment, oppression, or undue burden or expense, including one or more of the following:

A) The discovery may not be had;

B) The discovery may be had only on specified terms and conditions, including a designation of the time or place;

C) The discovery may be had only by a method of discovery other than that selected by the party seeking discovery;

D) Certain matters not relevant may not be inquired into, or the scope of discovery shall be limited to certain matters;

E) Discovery shall be conducted with no one present except persons designated by the hearing officer; or

F) A trade secret or other confidential research, development, or commercial information may not be disclosed or shall be disclosed only in a designated way.

d) Sequence and timing of discovery. Unless the hearing officer upon motion, for the convenience of parties and witnesses and in the interest of justice, orders others, methods of discovery may be used in any sequence and the fact that a party is conducting discovery, whether by deposition or otherwise, shall not operate to delay any other party's discovery.

e) Supplementation of responses. A party who has responded to a request for discovery with a response that was complete when made is under no duty to supplement his response to include information thereafter acquired, except as follows:

1. A party is under a duty to timely supplement his response with respect to any question directly addressed to:

A) The identity and location of persons having knowledge of discoverable matters; and

B) The identity of each person expected to be called as an expert witness at the hearing, the subject matter on which he is expected to testify and the substance of his testimony.

2. A party is under a duty to timely amend a prior response if he later obtains information upon the basis of which:

A) He knows the response was incorrect when made; or

B) He knows that the response though correct when made is no longer true and the circumstances are such that a failure to amend the response is in substance a knowing concealment.

3. A duty to supplement responses may be imposed by order of the hearing officer or agreement of the parties.

f) Stipulations. If the parties so stipulate, depositions and discovery may take place before any person, for any purpose, at any time or place and in any manner.

g) Effect of discovery disclosure. Disclosure of any matter obtained by discovery is not conclusive, but may be contradicted by other evidence.

h) Reasonable attempt to resolve differences required. Every motion with respect to discovery shall incorporate a statement that after personal consultation and reasonable attempts to resolve differences, the parties have been unable to reach an accord. The hearing officer may order that reasonable costs, including attorney's fees, be assessed against a party or his attorney who unreasonably fails to facilitate discovery under this provision.

i) Depositions upon oral examination or upon written questions.

1. Any party may take the testimony of any party or person by deposition upon oral examination or written questions for the purpose of discovery or for use as evidence in the action. Any party desiring to take the testimony of any other party or other person by deposition upon oral examination shall, without leave of the hearing officer, give reasonable notice in writing to every other party, to the person to be examined and to the hearing officer, of:

A) The proposed time and place of taking the deposition;

B) The name and address of each person to be examined, if known, or if the name is not known, a general description sufficient to identify him or the particular group or class to which he belongs;

C) The matter upon which each person will be examined;

D) Whether the deposition is to be a discovery deposition or an evidence deposition. In the absence of specification the deposition shall be a discovery deposition only; and

E) The name or descriptive title and address of the officer before whom the deposition is to be taken.

2. A deposition upon oral examination may be taken before any officer authorized to administer oaths by the laws of Illinois.

3. Scope and manner of examination and cross-examination.

A) The deponent in a discovery deposition may be examined regarding any matter subject to discovery under these rules. He may be questioned by any party as if under cross-examination.

B) In an evidence deposition the examination and cross-examination shall be the same as though the deponent were testifying at the hearing.

4. Taking of the deposition. The actual taking of the deposition upon oral examination shall proceed as follows:

A) The deposition shall be on the record;

B) The officer before whom the deposition is to be taken shall put the witness under oath or affirmation;

C) Examination and cross - examination shall proceed as at a hearing;

D) Objections made at the time of the examination shall be included in the deposition. The officer before whom the deposition is taken shall not rule on objections to the evidence; evidence objected to shall be taken subject to the objection.

E) In lieu of participating in the oral examination, parties served with notice of taking a deposition may transmit written questions to the officer, who shall propound them to the witness and record the answers verbatim.

5. When the testimony is fully transcribed, the deposition shall be submitted to the deponent for examination and signature, unless examination and signature are waived by the deponent. The officer shall certify within the deposition that the deponent was duly sworn by him and that the deposition is a true record of the testimony given by the deponent. If the deposition is not signed by the deponent, the officer shall certify the deposition and state the reason for the omission of the signature. A certified deposition requires no further proof of authenticity.

6. Fees and charges. The party at whose instance the deposition is taken shall pay the fees of the witness and of the officer and the charges of the recorder or stenographer for attending.

7. Depositions on written questions.

A) Where the deposition is to be taken upon written questions, the party taking the deposition shall serve a copy of the questions, showing each question separately and consecutively numbered, on every other party with a notice stating the name and address of the person who is to answer them, and the name, description, title, and address of the officer before whom they are to be taken. Within fourteen (14) days after service, any other party may serve cross questions. Within seven (7) days after being served with cross questions a party may likewise serve redirect questions. Within seven (7) days after being served with redirect questions, a party may likewise serve recross questions.

B) The party at whose instance the deposition is taken shall transmit a copy of the notice and copies of the initial and subsequent questions served to the officer designated in the notice who shall proceed promptly to take the testimony of the deponent in response to the questions and to prepare, certify, and mail the deposition, attaching thereto the copy of the notice and the questions received by him. No party, attorney or person interested in the event of the action (unless he is the deponent) shall be present during the taking of the deposition or dictate, write or draw up any answers to the questions.

8. Use of depositions.

A) Purposes for which discovery depositions may be used. Discovery depositions taken under the provisions of this Section may be used only:

i) For the purpose of impeaching the testimony of the deponent as a witness;

ii) As an admission made by a party or by an officer or agent of a party;

iii) If otherwise admissible as an exception to the hearsay rule; or

iv) For any purpose for which an affidavit may be used.

B) Use of evidence depositions. Evidence depositions may be used for any purpose for which a discovery deposition may be used, and may be used by any party for any purpose if the hearing officer finds that at the time of the hearing:

i) The deponent is dead or unable to attend or testify because of age, sickness, infirmity or imprisonment;

ii) The deponent is out of the county, unless it appears that the absence was procured by the party offering the deposition, provided that a party who is not a resident of this state may introduce his own deposition if he is absent from the county; or

iii) The party offering the deposition has exercised reasonable diligence but has been unable to procure the attendance of the deponent by subpoena; or finds, upon notice and motion in advance of the hearing, that exceptional circumstances exist which make it desirable, in the interest of justice and with due regard for the importance of presenting the testimony of witnesses orally in open hearing, to allow the deposition to be used.

C) Partial use. If only a part of a deposition is read or used at the hearing by a party, any other party may at that time read or use or require him to read any other part of the deposition which ought in fairness be considered in connection with the part read or used.

j) Written interrogatories to parties.

1. Directing interrogatories. A party may direct written interrogatories to any other party. One (1) copy of the interrogatories shall be filed with the hearing officer with proof of service on all other parties entitled to notice. Written interrogatories shall be reasonably spaced so as to permit the answering party to make his answer on the interrogatories served upon him. The answering party may attach an addendum to the copies if the space provided is insufficient.

2. Duty of attorney. It is the duty of an attorney directing interrogatories to restrict them to the subject matter of the particular case, to avoid undue detail, and to avoid the imposition of any unnecessary burden or expense on the answering party.

3. Answers and objections. Within twenty-eight (28) days after service of the interrogatories upon the party to whom they are directed, he shall file a sworn answer or an objection to each interrogatory, with proof of service upon all other parties entitled to notice. If an interrogatory is objected to, the reasons for objection shall be stated in lieu of the answer. Any objection to an answer or to the refusal to answer an interrogatory shall be heard by the hearing officer upon prompt notice and motion of the party propounding the interrogatory. The answering party shall set forth in full each interrogatory being answered immediately preceding the answer. Sworn answers to interrogatories directed to a public or private corporation or a partnership, association or governmental agency shall be made by an officer, partner or agent, who shall furnish such information as is available to the party.

4. Interrogatories may relate to any matters which can be inquired into under subsection (c). An interrogatory otherwise proper is not necessarily objectionable merely because an answer to the interrogatory involves an opinion or contention that relates to fact or the application of law to fact, but the hearing officer may order that such an interrogatory need not be answered until after designated discovery has been completed or until a pre-hearing conference or other later time.

5. Option to produce documents. When the answer to an interrogatory may be obtained from documents in the possession or control of the party on whom the interrogatory was served, it shall be a sufficient answer to the interrogatory to specify those documents and to afford the party serving the interrogatory a reasonable opportunity to inspect the documents and to make copies thereof or compilations, abstracts, or summaries therefrom.

6. Use of answers to interrogatories. Answers to interrogatories may be used in evidence to the same extent as a discovery deposition.

k) Discovery of documents, objects and tangible things; inspection of real estate.

1. Scope. Any party may by written request direct any other party to produce for inspection, copying, reproduction, photographing, testing or sampling specified documents, objects, or tangible things, or to permit access to real estate for the purpose of making surface or subsurface inspections or surveys or photographs, or tests or taking samples, or to disclose information calculated to lead to the discovery of the whereabouts of any of these items, whenever the nature, contents, or condition of such documents, objects, tangible things, or real estate is relevant to the subject matter of the action.

2. The request shall specify a reasonable time, which shall not be less than twenty-eight (28) days except by agreement or by order of the hearing officer, and the place and manner of making the inspection and performing the related acts. One copy of the request shall be filed with the proof of service on all other parties entitled to notice.

3. A party served with the written request shall:

A) Comply with the request within the time specified; or

B) Serve upon the party who made the request written objections on the ground that the request is improper in whole or in part. If written objections to a part of the request are made, the remainder of the request shall be complied with. Any objection to the request or the refusal to respond shall be heard by the hearing officer upon prompt notice and motion of the party submitting the request. If the party claims that the item is not in his possession or control or that he does not have information calculated to lead to the discovery of its whereabouts, he may be ordered to submit to examination in open hearing or by deposition regarding such claim. If requested, the party producing documents shall furnish an affidavit stating whether the production is complete in accordance with the request.

l) Admissions.

1. A party may serve upon any other party a written request for the admission, for purposes of the pending action only, of the genuineness and authenticity of any relevant document described in or attached to the request, or for the admission of the truth of any specified relevant matter or fact.

2. Each matter of which an admission is requested is admitted unless, within twenty-eight (28) days after service of the request or such shorter or longer time as the hearing officer may allow, the party to whom the request is directed serves on the requesting party:

A) A sworn statement denying specifically the relevant matters of which an admission is requested;

B) A sworn statement setting forth in detail the reasons why he can neither truthfully admit nor deny them; or

C) Written objections on the grounds that some or all of the matters involved are privileged or irrelevant or that the request is otherwise improper in whole or in part. If written objections to a part of the request are made, the remainder of the request shall be answered within the period designated in the request. Any objection to a request or to an answer shall be heard by the hearing officer upon prompt notice and motion of the party making the request.

3. An answering party may not give lack of information or knowledge as a reason for failure to admit or deny unless he states that he has made reasonable inquiry and that the information known or readily obtainable by him is insufficient to enable him to admit or deny.

4. The party who has requested the admission may move to determine the sufficiency of the answer or objection. Unless the hearing officer determines that an objection is justified, he shall order that an answer be served. If the hearing officer determines that an answer does not comply with the requirement of subsection (1)(2), he may order either that the matter is admitted or that an amended answer be served. The hearing officer may, in lieu of these orders, determine that final disposition of the request be made at a pre-hearing conference or at a designated time prior to hearing.

5. Any matter admitted under this subsection is conclusively established unless the hearing officer on motion permits withdrawal or amendment of the admission.

6. Any admission made by a party under this subsection is for the purpose of the pending action only and is not an admission by him for any other purpose nor may it be used against him in any other proceeding.

m) Failure to comply with rules or orders relating to discovery.

1. If a deponent fails to answer a question propounded, or a party upon whom a request is made pursuant to subsection (k), or a party upon whom answers to interrogatories are served fails to adequately respond or objects to the request, or any part thereof, or fails to permit inspection as requested, the discovering party may move the hearing officer for an order compelling a response or inspection in accordance with the request.

A) The motion shall set forth:

i) The nature of the questions or request;

ii) The response or objection of the party upon whom the request was served; and

iii) Arguments in support of the motion.

B) If the motion arose out of a failure to answer questions at a deposition, the motion shall be accompanied by a certified copy of the deposition transcript or a certified copy of that portion of the transcript containing the questions and responses.

2. For purposes of this subsection, an evasive answer or incomplete answer or response shall be treated as a failure to answer or respond.

3. In ruling on a motion made pursuant to this subsection, the hearing officer may issue a protective order, if authorized pursuant to subsection (c)(2).

n) Failure to comply with orders compelling discovery. If a party or an officer, director, or other agent of a party fails to obey an order to provide or permit discovery, the hearing officer before whom the action is pending may make such orders in regard to the failure as are just, including but not limited to the following:

1. An order that the matters sought to be discovered or any other designated facts shall be taken to be established for the purposes of the action in accordance with the claim of the party obtaining the order;

2. An order refusing to allow the disobedient party to support or oppose designated claims or defenses, or prohibiting him from introducing designated matters into evidence; or

3. An order striking pleadings or parts thereof, or staying further proceedings until the order is obeyed, or dismissing the action or proceeding or any party thereof, or rendering a judgment by default against the disobedient party.

62 Ill. Adm. Code 1848.11 Expert Witnesses

a) Definitions.

1. Definition of expert witness. An expert is a person who, because of education, training or experience, possesses knowledge of a specialized nature beyond that of the average person on a factual matter material to a claim or defense in pending litigation and who may be expected to render an opinion within his expertise at hearing. He may be an employee of a party, a party or an independent contractor.

2. Consulting expert. A consulting expert is a person who possesses the same qualifications as an expert witness and who has been retained or specially employed in anticipation of litigation or preparation for hearing but who is not to be called at hearing to render opinions within his area of expertise.

b) Disclosure.

1. Expert witnesses. Where the testimony of experts is reasonably contemplated, the parties shall act in good faith to seasonably:

A) Ascertain the identity of such witnesses; and

B) Obtain from them the opinions upon which they may be requested to testify.

2. The hearing officer shall enter an order scheduling the dates upon which all expert witnesses shall be disclosed. Upon disclosure, the expert's opinion may be the subject of discovery as provided in subsection (c). Failure to make the disclosure required by the hearing officer or to comply with the discovery contemplated in this subsection will result in disqualification of the expert as a witness.

3. Consulting expert. Except as provided in subsection (c)(5), a party need not disclose the identity of a consulting expert.

c) Discovery.

1. Upon interrogatory propounded for that purpose, the party retaining or employing an expert witness shall be required to state:

A) The subject matter on which the expert is expected to testify;

B) His conclusions and opinions and the bases therefor; and

C) His qualifications.

2. The party answering such interrogatories may respond by submitting the signed report of the expert containing the required information.

3. A party shall be required to seasonably supplement his answers to interrogatories propounded under this Section as additional information becomes known to the party or his counsel.

4. The provisions of subsections (c) and (d) also apply to a party or an employee of a party who will render an opinion within his expertise at the time of hearing. However, the provisions of subsections (c) and (d) do not apply to parties or employees of entities whose professional acts or omissions are the subject of the litigation. The opinions of these latter persons may be the subject of disclosure by deposition only.

5. The identity, opinions and work product of consulting experts are discoverable only upon a showing of exceptional circumstances under which it is impracticable for the party seeking discovery to obtain facts or opinions on the same subject matter by other means. However, documents, objects and tangible things which are in the possession of a consulting expert and which do not contain his opinions may be obtained by a request for that purpose served upon the party retaining him.

6. Unless manifest injustice would result, each party shall bear the expense of all fees charged by his expert witness or witnesses.

d) Scope of testimony. To the extent that the facts known or opinions held by an expert have been developed in discovery proceedings through interrogatories, deposition, or requests to produce, his direct testimony at hearing may not be inconsistent with nor go beyond the fair scope of the facts known or opinions disclosed in such discovery proceedings. However, he shall not be prevented from testifying as to facts or opinions on matters regarding which inquiry was not made in the discovery proceedings.

62 Ill. Adm. Code 1848.12 Motions

a) Except for oral motions made in proceedings on the record, or where the hearing officer otherwise directs, each motion shall:

1. Be in writing;

2. State whether the movant wishes to argue the motion orally;

3. Contain a concise statement of supporting grounds; and

4. Be accompanied by a proposed order for entry by the hearing officer.

b) Unless the hearing officer orders otherwise, any party to a proceeding in which a motion is filed under subsection (a) shall have fifteen (15) days from service of the motion to file a statement in response.

c) Failure to make a timely motion or to file a statement in response may be construed as a waiver of objection.

d) The hearing officer shall rule on all motions as expeditiously as possible.

62 Ill. Adm. Code 1848.13 Consolidation of Proceedings

When proceedings involving a common question of law or fact are pending before a hearing officer, such proceedings are subject to consolidation pursuant to a motion by a party or at the initiative of the hearing officer.

62 Ill. Adm. Code 1848.15 Rules of Evidence; Official Notice

a) Irrelevant, immaterial, or unduly repetitious evidence shall be excluded. The rules of evidence and privilege as applied in civil cases in the circuit courts of Illinois shall be followed. Evidence not admissible under those rules of evidence may be admitted, however, if it is of a type commonly relied upon by reasonably prudent men in the conduct of their affairs. Objections to evidentiary offers may be made and shall be noted in the record. Subject to these requirements, when a hearing will be expedited and the interests of the parties will not be prejudiced, any part of the evidence may be received in written form.

b) Subject to the evidentiary requirements of subsection (a) above, a party may conduct cross-examination required for a full and fair disclosure of the facts.

c) Official notice may be taken of the public records of the Department and of any matters of which the circuit courts of Illinois may take judicial notice. In addition, notice may be taken of generally recognized technical or scientific facts within the Department's specialized knowledge. Parties shall be notified of the material noticed either before or during the hearing, and they shall be afforded an opportunity to contest the material so noticed. The Department's experience, technical competence and specialized knowledge may be used in the evaluation of the evidence.

62 Ill. Adm. Code 1848.16 Powers of Hearing Officers

Hearing Officers shall be licensed to practice law in the State of Illinois and not be employed by the Department. Hearing officers may:

a) Administer oaths and affirmations;

b) Issue subpoenas;

c) Issue appropriate orders relating to discovery;

d) Rule on procedural requests or similar matters;

e) Hold conferences for settlement or simplification of the issues;

f) Regulate the course of the hearing;

g) Rule on offers of proof and receive relevant evidence;

h) Where applicable, conduct site inspections of the land to be affected or where the surface coal mining and reclamation operations are located;

i) Enter appropriate orders;

j) Examine witnesses and direct witnesses to testify, limit the number of times any witness may testify and limit repetitive or cumulative testimony;

k) Take other actions authorized by these regulations or by the Surface Coal Mining Land Conservation and Reclamation Act (Ill. Rev. Stat. 1991, ch. 96 1/2, par. 7901.01 et seq.) [225 ILCS 720].

62 Ill. Adm. Code 1848.17 Disqualification of Hearing Officer

a) A hearing officer, on his own motion or that of a party, may be disqualified in a proceeding due to bias or conflict of interest.

b) A motion for disqualification filed pursuant to this Section shall:

1. Be in writing;

2. Contain a statement of supporting grounds; and

3. Be filed with the Director and served upon all parties.

c) Unless the Director orders otherwise, the hearing officer and any party to a proceeding in which a motion is filed under this Section shall have ten (10) days from service of the motion to file a response.

d) The Director shall rule on all motions filed pursuant to this Section as expeditiously as possible. If a motion filed under this Section is granted, the Director shall appoint a new hearing officer for the proceeding.

62 Ill. Adm. Code 1848.18 Postponement or Continuance of Hearing

A hearing may be postponed or continued for due cause by the hearing officer upon his own motion or upon the motion of a party to the hearing. A motion filed by a party shall be in accordance with Section 1848.12 and shall set forth facts attesting that the request for continuance is not for the purpose of delay. Except in the case of an emergency as defined in Section 1848.22, motions requesting postponement or continuance shall be received by all parties to the hearing at least three (3) business days prior to the scheduled hearing date. Parties shall avoid undue delay caused by repetitive postponements or continuances so that the subject matter of the hearing may be resolved expeditiously.

62 Ill. Adm. Code 1848.19 Failure to State a Claim

Upon motion in accordance with Section 1848.12, the hearing officer may dismiss at any time a request for hearing which fails to state a claim upon which administrative relief may be granted.

62 Ill. Adm. Code 1848.20 Summary Decision

a) At any time after a proceeding has begun, a party may move for summary decision of the whole or part of a case in accordance with Section 1848.12.

b) The moving party under this Section shall verify any allegation of fact with supporting affidavits, unless the moving party is relying upon depositions, answers to interrogatories, admissions, or documents produced upon request to verify such allegations.

c) Any affidavit submitted in support of a motion filed under this Section shall comply with Illinois Supreme Court Rule 191.

d) Any party filing a motion for summary decision shall submit along therewith a supporting memorandum of law and a statement of material facts as to which the moving party contends there is no genuine issue. Such statement of facts shall:

1. Consist of numbered paragraphs; and

2. Include within each paragraph specific references to the affidavits, parts of the record or other materials relied upon to support the facts stated in the paragraph.

e) Any party opposing a motion for summary decision shall file a written response thereto within fifteen (15) days after service of the motion for summary decision. Such response shall:

1. Respond to each numbered paragraph of the moving party's statement of material facts; and

2. In the case of any dispute, include within each numbered paragraph specific references to the affidavits, parts of the record or other materials relied upon to support the response.

f) All material facts contained in the moving party's statement will be deemed admitted unless controverted by the opposing party's response.

g) The failure of a party who bears the burden of proof with respect to a particular issue to submit evidence on that issue in the course of a summary decision motion shall result in a decision in favor of his opponent as to that issue.

h) The hearing officer may grant a motion under this Section if the record shows that:

1. There is no disputed issue as to any material fact; and

2. The moving party is entitled to summary decision as a matter of law.

i) If a motion for summary decision is not granted for the entire case or for all the relief requested and a hearing is necessary, the hearing officer shall, if practicable, and upon examination of all relevant documents and evidence before him, ascertain what material facts are actually and in good faith controverted. He shall thereupon issue an order specifying the facts that appear without substantial controversy and direct such further proceedings as deemed appropriate.

62 Ill. Adm. Code 1848.21 Proposed Findings of Fact and Conclusions of Law

The hearing officer shall allow the parties to a proceeding an opportunity to submit proposed findings of fact and conclusions of law together with a supporting brief at a time designated by the hearing officer.

62 Ill. Adm. Code 1848.22 Default

If a party, after proper service of notice, fails to appear at a pre-hearing conference or at a hearing, and if no continuance has been granted, the hearing officer may proceed to make his decision in the absence of such party. If the failure to appear is due to an emergency situation beyond the parties' control, and the Department is notified of such situation on or before the scheduled pre-hearing conference or hearing date, the conference or hearing will be continued or postponed pursuant to Section 1848.18. Emergency situations include sudden unavailability of counsel, sudden illness of a party or his representative or similar situations beyond the parties' control.

Part 1850 Training, Examination and Certification of Blasters

62 Ill. Adm. Code 1850.5 Definition

The following term has the specified meaning:

"Blaster" means a person directly responsible for blasting operations in surface coal mining operations who is certified under this Part.

62 Ill. Adm. Code 1850.12 Applicability

Twelve months following the approval of this part by the Office of Surface Mining pursuant to applicable federal regulations adopted under the Federal Surface Mining Control and Reclamation Act 30 U.S.C. 1201, et seq. (1982), or twelve months following the effective date of this Part, whichever occurs later, each person directly responsible for blasting operations in surface coal mining operations shall be required to be a blaster as defined in this Part.

62 Ill. Adm. Code 1850.13 Training

a) Training required herein, for those persons not previously trained in the subjects required herein, shall be conducted by the Department, the operator or his representative. The operator's representative may include, but is not limited to junior colleges, consultants, and explosives manufacturers. The training must meet the requirements of this Section.

b) The training for blasters certification shall include instruction in:

1. The design and layout of blasts, including geology, topography and the proper use of delays.

2. Control of ground vibration.

3. Control of flyrock and air blast.

4. Design and loading of boreholes.

5. Priming and boosting.

6. Tamping and stemming, including methods and materials.

7. Blast initiation systems.

8. The use of blasting machines.

9. The use of circuit testing equipment.

10. The general properties of explosives, including blasting agents, and selection criteria.

11. Ground vibration, air blast and monitoring.

12. The use of ground vibration and air blast records as blast design factors.

13. The need for accurate reports and blasting logs and their proper preparation.

14. Current Illinois and Federal law and regulation pertaining to blasting at the mine site, including 62 Ill. Adm. Code 1780.13, 1816.11(f), 1816.61 to 1816.68, 1817.61 to 1817.68; this Part; 62 Ill. Adm. Code 220.130; the Illinois Explosives Act [225 ILCS 210]; 30 CFR 816.61 to 816.68, 48 Fed. Reg. 9806-9807, 9492, 9809, 44780 (1983), 817.61 to 817.68, 48 Fed. Reg. 9809-9811, 9492, 44781 (1983), 30 CFR 850, 48 Fed. Reg. 9492 (1983); 30 CFR 56.6000-56.6250, 50 Fed. Reg. 5040 (1985), 30 CFR 57.6000-57.6250, 50 Fed. Reg. 4082 (1985), 36 Fed. Reg. 9634 (1971); 43 Fed. Reg. 12320 (1978).

15. Planning for unpredictable blasting hazards to the public and mine personnel. Illustrative example are adverse weather, stray electrical currents, flyrock, radio frequency energy, and misfires.

16. Signs, warning signals and control of the potential flyrock area.

17. Blasting plan requirements.

18. Pre-blast and condition surveys and their use in blast design.

19. Required blasting notices.

20. Training and certification requirements.

21. Handling, transportation and storage of explosives.

22. New technology as it develops and is implemented in the field. The Department shall advise operators of new technology which should be included in future training programs.

c) The blaster shall provide direction and on-the-job training to all non-certified blasting personnel under his supervision.

History

• Source: Amended at 22 Ill. Reg. 20290, effective November 5, 1998

62 Ill. Adm. Code 1850.14 Examination

a) Written examinations for blaster certification shall be administered on dates and times and at locations announced by the Department via direct communication with operators and individuals who request in writing to be so notified. All persons scheduled for a regular examination session will be so notified at least one week prior to the scheduled exam date.

b) Reexaminations shall be scheduled, if needed, for those persons who do not pass the regularly scheduled examination. The Department shall also allow for examination at this time of those persons who have newly applied for certification. All persons scheduled for examination or reexamination during the reexamination session will be so notified at least one week prior to the scheduled reexamination session.

c) If the applicant cannot attend the examination or reexamination session for which he or she is scheduled, the applicant shall so inform the Department at least one day in advance of the examination date. Failure to do so will result in the application being rejected, and the applicant having to reapply for certification. Any person who cannot attend such a session and who informs the Department in accordance with this Section will be scheduled for the next examination or reexamination session.

d) Applicants for blaster certification shall be examined in the topics set forth in Section 1850.13(b).

History

• Source: Amended at 22 Ill. Reg. 20290, effective November 5, 1998

62 Ill. Adm. Code 1850.15 Application and Certification

a) Each applicant shall submit a completed application for certification on forms supplied by the Department. Any applicant whose completed application has been received, reviewed and accepted by the Department prior to a regularly scheduled examination session shall be scheduled for that session. The following documents shall be included with the completed application form:

1. A notorized statement from the applicant's employer or other person, including, but not limited to a certified blaster or fellow employee, having personal knowledge of the applicant's blasting experience, and affirming that the applicant has had at least two years' blasting experience.

2. Proof that the applicant has successfully completed a blaster training course or courses that cover the material listed in Section 1850.13(b).

b) The Department shall review each application, including required documents, for completeness and the accuracy of the statements contained in the application and required documents. The Department's acceptance of an application shall be based on the applicant's compliance with the requirements of this Part.

c) Each applicant shall be required to pass a written examination established by the Department. The examination shall be based on the requirements of Section 1850.13(b). The minimum passing score shall be 70% correct answers. The Department retains the sole right to determine whether any or all responses to examination questions are correct.

d) Any applicant whose application is denied shall be so informed in writing, within 30 days after the date the applicant is found to be not qualified. Reason(s) for such denial shall be included with the notification. Each applicant who meets the requirements of subsection (a) above and who passes the examination required in subsection (b) above shall be issued a blaster certificate as soon as practicable thereafter, but not more than 45 days after the examination date. Any applicant who meets the requirements of Section 1850.15(a), but who does not pass the examination, shall be so notified within 15 days after the examination date. That person may, upon written request, review his or her examination at the Department's Springfield office. Such request must be made and the review completed not less than ten days prior to the reexamination date for which the applicant is scheduled. The review must be done during the Department's regular business hours. Any person who does not pass the examination shall be scheduled for the next reexamination session, pursuant to Section 1850.14(b).

e) An employed blaster shall have readily available for inspection his or her certificate at the mine site.

f) A temporary blaster certificate will be issued to any individual who applies to the Department for such certification and who provides a photocopy of his or her valid blaster certificate issued in another state with an Office of Surface Mining approved certification program, or the name of the state where the certificate was issued and the certificate number. The period of the temporary blaster certificate shall not exceed six months from the date of issuance. Such a temporary certificate shall be issued only once to any individual in any continuous five year period.

g) Each certificate shall be valid for five years from the date of issuance. Recertification following expiration shall be in accordance with the application, examination, and certification requirements of this Part.

h) Blaster certification shall not be assigned or transferred.

i) Blasters shall not delegate their responsibility to any individual who is not a certified blaster.

j) The blaster shall take reasonable precaution to protect his or her certificate from loss, theft or unauthorized duplication. Such loss, theft or duplication shall be reported to the Department without delay.

History

• Source: Amended at 22 Ill. Reg. 20290, effective November 5, 1998

62 Ill. Adm. Code 1850.16 Denial, Issuance of Notice of Infraction, Suspension, Revocation, and Other Administrative Actions

a) The Department shall deny an application for, or revoke or suspend a certificate under the provisions of this Section if the Department finds that the applicant or certificant is, or was at the time of application or issuance, a person convicted of a felony under the laws of this or any other jurisdiction within the prior five years, or who has been a patient in a mental institution within the prior five years. The Department, when determining whether to revoke or suspend and when determining the length of a suspension, shall in addition to other factors, consider the nature of the felony of which the applicant was convicted, or the condition for which the applicant was confined to a mental institution, as well as the length of time since the conviction or confinement.

b) Notice of Infraction

1. The Department shall, when in the best interest of protecting public safety and public and private property, issue to the blaster a written notice of infraction, requiring remedial action, when, on the basis of any inspection, the Department determines that the blaster has committed any of the following infractions:

A) Noncompliance with Section 3.13 of the State Act [225 ILCS 720/3.13], 62 Ill. Adm. Code 1780.13, 1816.11(f), 1816.61 to 1816.68, 1817.61 to 1817.68, this Part, 62 Ill. Adm. Code 220.130, the Illinois Explosives Act [225 ILCS 210], 30 CFR 816.61 to 816.68, 48 Fed. Reg. 9806-9807, 9492, 9809, 44780 (1983), 30 CFR 817.61 to 817.68, 48 Fed. Reg. 9809-9811, 9492, 44781 (1983), 30 CFR 850, 48 Fed. Reg. 9492 (1983), 30 CFR 56.6000-56.6250, 50 Fed. Reg. 5040 (1985), 30 CFR 57.6000-57.6250, 50 Fed. Reg. 4082 (1985), 36 Fed. Reg. 9634 (1971) or 43 Fed. Reg. 12320 (1978).

B) Providing false information or a misrepresentation to obtain certification.

C) Unlawful use in the workplace of or current addiction to alcohol, narcotics, or other dangerous drugs.

D) Noncompliance with any lawful order issued under the authority of the Surface Mining Control and Reclamation Act (30 U.S.C. 1201 et seq.), Section 3.13 of the State Act, 62 Ill. Adm. Code 1780.13, 1816.11(f), 1816.61 to 1816.68, 1817.61 to 1817.68, 1840.2, 1840.12, or this Part.

2. The maximum time allowed to abate the infraction by completing the remedial action shall be stated in the notice and shall include consideration of the nature of the infraction, as well as the availability of resources to complete the abatement. Remedial action may include, but need not be limited to, a requirement to receive additional training or undergo reexamination to demonstrate competence. A copy of such notice shall be forwarded to the blaster's employer. Any such notice may be terminated when the remedial action has been completed, modified to correct deficiencies or errors or make other changes in the notice or to change the required abatement date, or vacated if the infraction did not occur or occurred as the result of sabotage by persons other than the blaster.

3. The blaster may file a request for review with the Department, and if desired, a hearing within 30 days after the receipt of the notice of infraction. If a hearing is requested, the hearing shall be conducted in accordance with 62 Ill. Adm. Code 1847.4(e) and (g) through (p) and shall be held at one of the Department's offices. The Department shall give at least five days notice of the date, time and location of the hearing to the blaster, his or her employer, the Director, Office of Surface Mining, and any person who filed a report which led to the notice that was issued.

4. The filing of a request for hearing shall not act as a stay of the remedial actions required as part of the notice of infraction.

c) Notice to Show Cause

1. The Department, upon a finding of a willful commission of an infraction by the blaster, shall issue to the blaster a written notice to show cause why his certification should not be suspended or revoked for a specified period (not to exceed the term of the certificate).

2. The blaster shall have 21 days from the receipt date of the notice or other time period necessary for adequate response as may be set out in the notice, in which to file an answer and request a hearing. If the blaster files an answer to the show cause order and requests a hearing, a public hearing shall be provided and conducted in accordance with 62 Ill. Adm. Code 1847.4(e) and (g) through (p). The Department shall give 30 days written notice of the date, time and location of the hearing to the Director, Office of Surface Mining, the blaster, and the blaster's employer, and any person who filed a report which led to the order that was issued.

3. If the Department determines that the infraction resulting from the willful act on the part of the blaster creates an imminent danger to the health or safety of the public or imminent damage to public or private property, the Department shall immediately issue a temporary suspension of the blaster's certificate. The temporary suspension shall be in writing, and shall, with reasonable specificity, set forth the nature of the infraction and the imminent danger or damage incurred or about to be incurred. Such suspension shall be subject to a hearing to be provided not less than 15 days after the blaster's receipt of the temporary suspension. The hearing shall determine whether the suspension shall be continued, terminated or whether the certificate shall be revoked. Temporary suspension issued under the authority of this Subsection shall not exceed 15 days. The hearing shall be conducted in accordance with 62 Ill. Adm. Code 1847.4(e) and (g) through (p) and shall be held at one of the Department's offices.

4. Upon written notice of revocation, including the findings upon which the notice is based, the blaster shall without delay surrender the revoked certificate to the Department.

History

• Source: Amended at 22 Ill. Reg. 20290, effective November 5, 1998

62 Ill. Adm. Code 1850.17 Judicial Review (repealed)

History

• Source: Repealed at 20 Ill. Reg. 2151, effective January 19, 1996

Chapter II Department of Natural Resources

Part 2501 Abandoned Mined Lands Reclamation

62 Ill. Adm. Code 2501.1 Scope

This Part implements the Abandoned Mined Lands and Water Reclamation Act [20 ILCS 1920], which provides that the Department of Natural Resources shall administer a program for the reclamation of Abandoned Mined Lands ("AML"). This Act is complementary to Title IV of the federal Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1201 et seq., P.L. 95-87, as amended).

History

• Source: Amended at 22 Ill. Reg. 11382, effective June 23, 1998

62 Ill. Adm. Code 2501.4 Definitions

As used in this Part –

"Department" means the Illinois Department of Natural Resources, Office of Mines and Minerals, Division of Abandoned Mined Lands Reclamation of the State of Illinois, with principal offices of business at Springfield.

"Federal Act" means the Federal Surface Mining Control and Reclamation Act of 1977 (P.L. 95-87; 30 USC 1201 et seq.) [20 ILCS 1920/1.02].

"Federal Office" or "OSM" means the Office of Surface Mining Reclamation and Enforcement, United States Department of the Interior.

"Inventory" means the contents of the supplement to the "Illinois State Plan for Abandoned Mined Lands" (Resource Document). The Resource Document identifies all known acreage in Illinois which has been impacted by past coal mining and is an extreme danger or creates adverse effects. The inventory is updated as new data becomes available.

"Reclamation" or "reclamation activities" means the restoration of abandoned lands and waters to constructive uses, including, but not limited to forests, grasses and legumes, row crops, wildlife and aquatic reserves and recreational, residential, and industrial sites, and abatement, control or prevention of adverse effects of mining. [20 ILCS 1920/1.03(5)]

"Section" means a Section of this Part, unless otherwise clearly identified.

"State Act" means the Abandoned Mined Lands and Water Reclamation Act [20 ILCS 1920].

"State Reclamation Plan" or "SRP" means the document required under regulations promulgated by the Federal Office (30 CFR 884.13) in order for Illinois to be eligible to receive funds under the Federal Act. Any statements of Departmental policy contained in or added to the SRP which are "rules" as that term is defined in the Illinois Administrative Procedure Act [5 ILCS 100] shall be included as rules in this Part.

History

• Source: Amended at 22 Ill. Reg. 11382, effective June 23, 1998

62 Ill. Adm. Code 2501.7 Objectives and Priorities

a) It is the policy of this State to provide for the conservation and reclamation of lands and water affected by mining which have been abandoned, in order to restore these abandoned lands and waters to such productive use, in accordance with this State's conservation and land reclamation policies, as will aid in maintaining or improving the property tax base, protect the health, safety and general welfare of the people, promote the natural beauty and aesthetic values of this State and enhance the environment, and correct and prevent soil erosion, stream pollution, water, air and land pollution, and other injurious effects to persons, property, wildlife and natural resources. [20 ILCS 1920/1.02] The goal of the State reclamation program described in this Part is to alleviate adverse environmental effects of abandoned mines and, whenever possible, to improve those abandoned lands to support a suitable land use.

b) It is the expressed intent of the General Assembly that the Department, in implementing these policies, administer the reclamation program in a way which satisfies the requirements of the Federal Act. Accordingly, the provisions of this Part shall be construed, if possible, in a manner which is consistent with the requirements of the Federal Act and the regulations promulgated thereunder.

c) Expenditures of money on abandoned coal mined lands for the purposes of the reclamation program shall reflect the following priorities in the order stated:

1. The protection of public health, safety, general welfare, and property from extreme danger of adverse effects of coal mining practices;

2. The protection of public health, safety, and general welfare from adverse effects of coal mining practices;

3. The restoration of land and water resources and the environment previously degraded by adverse effects of coal mining practices including measures for the conservation and development of soil, water (excluding channelization), woodland, fish and wildlife, recreation resources, and agricultural productivity;

4. The protection, repair, replacement, construction, or enhancement of public facilities such as utilities, roads, recreation, and conservation facilities adversely affected by coal mining practices;

5. The development of publicly owned land adversely affected by coal mining practices including land acquired as provided in the Federal Act for recreation and historic purposes, conservation, and reclamation purposes and open space benefits. [20 ILCS 1920/2.03(a)]

d) Generally, projects lower than a priority 2 should not be undertaken until all known higher priority coal projects either have been accomplished, are in the process of being reclaimed, or have been approved for funding by OSM, except in those instances where such lower priority projects may be undertaken in conjunction with a priority 1 or 2 site in accordance with OSM's "Final Guidelines for Reclamation Programs and Projects" (61 FR 68777-68785, December 30, 1996).

e) When the Department finds in writing that the adverse effects of coal mining practices have an adverse economic impact upon a community, a project shall be designated as a priority 1 or 2 threat to the general welfare, regardless of the nature of the problem conditions.

f) The Department may make expenditures on lands mined for substances other than coal for the protection of the public health and safety; provided, however, that annual expenditures for non-coal reclamation shall not exceed 2% of the Department's annual budget for mined land reclamation.

History

• Source: Amended at 37 Ill. Reg. 16524, effective October 3, 2013

62 Ill. Adm. Code 2501.8 Utilities and Other Facilities

a) The Department may expend up to 30 percent of the AML funds granted annually to the State for the purpose of protecting, repairing, replacing, constructing, or enhancing facilities relating to water supplies, including water distribution facilities and treatment plants, to replace water supplies adversely affected by coal mining practices.

b) If the adverse effect on water supplies referred to in this Section occurred both prior to and after August 3, 1977, the project shall remain eligible notwithstanding the criteria specified in Section 2501.10(b), if the Department finds in writing, as part of its eligibility opinion, that such adverse effects are due predominantly to effects of mining processes undertaken and abandoned prior to August 3, 1977.

c) If the adverse effect on water supplies referred to in this Section occurred both prior to and after the dates (and under the criteria) set forth under Section 2501.10(d), the project shall remain eligible, notwithstanding the criteria specified in Section 2501.10(b), if the Department finds in writing, as part of its eligibility opinion, that such adverse effects are due predominantly to the effects of mining processes undertaken and abandoned prior to those dates.

d) Enhancement of facilities or utilities under this Section shall include upgrading necessary to meet any local, State, or Federal public health or safety requirement. Enhancement shall not include, however, any service area expansion of a utility or facility not necessary to address a specific abandoned mined land problem.

History

• Source: Added at 22 Ill. Reg. 11382, effective June 23, 1998

62 Ill. Adm. Code 2501.10 Eligible Coal Lands and Water

Coal lands and water are eligible for reclamation activities with federal funds provided pursuant to the Federal Act if:

a) They were mined for coal or affected by coal mining processes;

b) They were mined prior to August 3, 1977, and left or abandoned in either an unreclaimed or inadequately reclaimed condition; and

c) There is no continuing responsibility for reclamation by the operator, permittee, or agent of the permittee under statutes of the State or Federal Government, or as a result of bond forfeiture. Bond forfeiture will render lands or water ineligible only if the amount forfeited is sufficient to pay the total cost of the necessary reclamation. In cases where the forfeited bond is insufficient to pay the total cost of reclamation additional federal funding may be sought.

d) Notwithstanding subsections (a), (b) and (c) of this Section, coal lands and waters damaged and abandoned after August 3, 1977 by coal mining processes are also eligible if the Department, with the concurrence of OSM, finds in writing that:

1. They were mined for coal or affected by coal mining processes and:

A) The mining occurred and the site was left in either an unreclaimed or inadequately reclaimed condition between August 4, 1977 and June 1, 1982, and any funds for reclamation or abatement that are available pursuant to a bond or other form of financial guarantee or from any other source are not sufficient to provide for adequate reclamation or abatement at the site; or

B) The mining occurred between August 4, 1977 and November 5, 1990 and the surety of the mining operator became insolvent during that period, and as of November 5, 1990, funds immediately available from proceedings relating to insolvency, or from any financial guarantee or other source, are not sufficient to provide for adequate reclamation or abatement at the site; and

2. The site qualifies as a priority 1 or 2 site under Section 2501.7(c) and (e) of this Part.

e) The Department may expend funds available under paragraphs 402(g)(1) and (5) of the Surface Mining Control and Reclamation Act for reclamation and abatement of any site eligible under subsection (d) above, if the Department, with concurrence of OSM, makes the findings required in subsection (d) above and the Department determines that the reclamation priority of the site is the same or more urgent than the reclamation priority for the lands and water eligible pursuant to subsection (a), (b) or (c) above that qualify as a priority 1 or 2 site under Section 403(a) of the Surface Mining Control and Reclamation Act (30 U.S.C. 1233(a)).

f) With respect to lands and waters eligible pursuant to subsection (d) or (e) above, monies available from sources outside the Abandoned Mined Lands Reclamation Federal Trust Fund or that are ultimately recovered from responsible parties shall either be used to offset the cost of the reclamation or transferred to the Abandoned Mined Lands Reclamation Federal Trust Fund if not required for further reclamation activities at the permitted site.

g) If reclamation of a site covered by an interim or permanent program permit is carried out under the AML program, the permittee of the site shall reimburse the AML Fund for the cost of reclamation that is in excess of any bond forefeited to ensure reclamation. The Department, when performing reclamation under subsection (d) above shall not be held liable for any violations of any performance standards or reclamation requirements specified in Title V of the Federal Act, or in the Surface Coal Mining Land Conservation and Reclamation Act [225 ILCS 720], nor shall a reclamation activity undertaken on such lands or waters be held to any standards set forth in those Acts.

h) Surface coal mining operations on lands eligible for remining shall not affect the eligibility of such lands for reclamation and restoration after the release of the bonds or deposits posted by any such operation. If the bond or deposit for a surface coal mining operation on lands eligible for remining is forfeited, AML funds may be used if the amount of such bond or deposit is not sufficient to provide for adequate reclamation or abatement, except that, if emergency conditions warrant, the Department shall immediately exercise its authority under the Emergency program.

History

• Source: Amended at 22 Ill. Reg. 11382, effective June 23, 1998

62 Ill. Adm. Code 2501.11 Eligible Non-Coal Lands and Water

Non-coal lands and water are eligible for reclamation activities if:

a) They were mined or affected by mining processes;

b) They were mined prior to August 3, 1977, and left or abandoned in either an unreclaimed or inadequately reclaimed condition;

c) There is no continuing responsibility for reclamation by the operator, permittee, or agent of the permittee under statutes of the State or Federal Government as a result of bond forfeiture, which will render lands or water ineligible only if the amount forfeited is sufficient to pay the total cost of the necessary reclamation or, in cases where the forfeited bond is insufficient to pay the total cost of reclamation, additional federal funding may be sought;

d) The Governor concurs that reclamation is necessary and submits a letter of request to the Federal Office;

e) The reclamation is necessary for the protection of the public health and safety, general welfare and property from extreme danger of adverse effects of non-coal mining practices; and

f) They are not designated for remedial action pursuant to the Uranium Mill Tailings Radiation Control Act of 1978 (42 U.S.C. 7901 et seq.) or have been listed for remedial action pursuant to the Comprehensive Environmental Response Compensation and Liability Act of 1980 (42 U.S.C. 9601 et seq.).

History

• Source: Added at 22 Ill. Reg. 11382, effective June 23, 1998

62 Ill. Adm. Code 2501.13 Preliminary Project Selection

a) The Department shall select projects for reclamation from an abandoned mine site database which contains all known abandoned mine sites in the State which are eligible under Sections 2501.10 and 2501.11. This database includes sites reported in the Resource Document of the original State Plan, all high priority sites included in the Phase II National Abandoned Mined Land Inventory, and additional sites which may periodically be brought to the attention of the Department by landowners or other concerned citizens.

b) The Department shall review the AML database each year to identify the unreclaimed or inadequately reclaimed sites containing the most significant remaining problem conditions. Problem conditions include in order of relative significance:

1. Surface openings resulting from improperly sealed mine portals or caused by underground mine subsidence;

2. Escaping mine gases;

3. Surface or underground mine fires;

4. Hazardous equipment or facilities left behind by the mining operation;

5. Dangerous impoundments constructed by the mine;

6. Dangerous, unprotected highwalls in close proximity to populated areas or public use;

7. Polluted water used for consumption;

8. Dangerous refuse piles or embankments;

9. Flooding of roads or improved property caused by sedimentation from AML sites;

10. Hazardous recreational water bodies;

11. Coal refuse material or spoilbanks contributing to off-site pollution;

12. Acid water impoundments;

13. Coal refuse material or spoilbanks adversely affecting land or water resources.

c) Sites identified as containing significant problem conditions shall be further prioritized based upon an evaluation of the following criteria to determine the probable benefits to be derived from reclamation:

1. Relative degree of continued impacts if left unreclaimed;

2. Proximity of site to populated areas or public use areas;

3. Additional site benefits including improvements in land use and development of public lands, protection of public facilities, and evaluation of new techniques;

4. Technology available to assume reasonable probability of success; and

5. Cost-effectiveness of the necessary action.

History

• Source: Amended at 22 Ill. Reg. 11382, effective June 23, 1998

62 Ill. Adm. Code 2501.16 Final Selection and Project Deferment

a) From the most significant abandoned mine sites identified in accordance with Section 2501.13, the Department will select projects for reclamation based upon the following criteria and considerations:

1. Satisfactory funding levels to complete reclamation;

2. A completed application from the owner(s) of property that contains the significant portion of problem conditions on a site;

3. Evidence that a timely Consent for Entry can be obtained from the owner(s) of the project site.

b) Significant sites exhibiting one or more of the following conditions shall be eliminated from consideration for funding for a particular year when:

1. There exists ongoing use and responsibility for reclamation to alleviate problem conditions, associated with active landfill sites, salvage yards, material storage yards, or other uses of mined lands;

2. There is an ongoing or planned remining operation for the site;

3. There is a planned or currently operating secondary coal recovery operation; provided, however, that only the areas within the site which will be affected by such operation shall be eliminated from consideration;

4. There is ongoing or planned reclamation or development of a site by any federal office, the Natural Resource Conservation Service, or other public or private agencies or individuals; or

5. There is ongoing or anticipated successful stabilization by natural processes so that natural reclamation will be effective and efficient considering such factors as cost and potential or existing hazards to human life, the environment, or public or private property.

History

• Source: Amended at 22 Ill. Reg. 11382, effective June 23, 1998

62 Ill. Adm. Code 2501.19 Annual Grant Process

The Department shall submit an annual grant application to OSM in accordance with the requirements of 30 CFR 886 to cover allowable costs of the AML program including the actual costs of construction, operation and maintenance, planning and engineering, construction inspection, other necessary administrative costs, and up to 90 percent of the costs of acquisition of land. Copies of the annual AML grant application will be provided to the public upon written request to the Department, 524 S. Second Street, Springfield, Illinois 62701. Notice of annual AML grant applications will be circulated through the Illinois State Library System and the Illinois State Clearinghouse.

History

• Source: Amended at 22 Ill. Reg. 11382, effective June 23, 1998

62 Ill. Adm. Code 2501.22 Reclamation Activities

The Department will enter into cooperative agreements as necessary and appropriate with any person or governmental entity in relation to the reclamation of abandoned land, including but not limited to the furnishing of services, plans, lay outs, materials, or any matters of service incidental to the reclamation of such land [20 ILCS 1920/3.05]. All parties to any such contract or cooperative agreement must agree to comply with all applicable requirements of State and Federal law.

History

• Source: Amended at 22 Ill. Reg. 11382, effective June 23, 1998

62 Ill. Adm. Code 2501.25 Reclamation on Private Lands

Reclamation may be carried out on private land if consent is obtained as provided in Section 2501.28(a), or if the requisite findings are made and notice given pursuant to Section 2501.28(b). When reclamation is to be carried out on private land, the Department shall adhere to the following procedures concerning appraisals, liens, and satisfaction of liens:

a) Appraisals

1. A notarized appraisal of private land to be reclaimed which may be subject to a lien under subsection (b) shall be obtained from an independent professional appraiser. Such appraisal shall meet the quality of appraisal practices found in Regulation 10 of the American Institute of Real Estate Appraisers of the National Association of Realtors, Code of Professional Ethics, as amended November 4, 1989. The appraisal shall state:

A) The estimated market value of the property in its unreclaimed condition; and

B) The estimated market value of the property as reclaimed.

2. This appraisal shall be made prior to the start of reclamation activities, except as provided in subsection (a)(3). The Department shall furnish to the appraiser information of sufficient detail in the form of plans, factual data, specifications, etc., to make such appraisals. When reclamation requires more than six months to complete, an updated appraisal of the estimated market value of the property as reclaimed shall be made to determine if the increase in value as originally appraised has actually occurred. Such updated appraisal shall not include any increase in value of the land as unreclaimed. If the updated appraisal value results in lower increase in value, such lower increase shall be used as the basis for the lien. However, an increase in value resulting from the updated appraisal shall not be considered in determining a lien.

3. When any abandoned mine condition presents a high probability of substantial physical harm to the health, safety, or general welfare of people, as set forth in Section 2501.34, before the danger can be abated under normal program operations procedures, reclamation activities or abatement procedures shall not be delayed in order to obtain any necessary appraisal. In such instances, the appraisal shall be obtained at the earliest practical time after reclamation activities or abatement procedures have been commenced.

b) Liens

1. The Department shall place a lien against land reclaimed if the reclamation results in a significant increase in fair market value, except that:

A) A lien shall not be placed against the property of a surface owner who owned the property prior to May 2, 1977, and who did not consent to, participate in, or exercise control over the mining operation which necessitated the reclamation work [20 ILCS 1920/2.09];

B) A lien shall be waived if findings made prior to construction indicate that the reclamation work to be performed on private land shall primarily benefit the health, safety, or environmental values of the greater community or area in which the land is located; or if the reclamation is necessitated by an unforeseen occurrence, and the work performed to restore that land will not result in a significant increase in the market value of the land as it existed immediately before the unforeseen occurrence; and

C) The Department shall waive the lien if the cost of filing it, including indirect costs to the State, exceeds the increase in fair market value as a result of the reclamation activities.

2. The determination of what constitutes a significant increase in market value of land subject to a potential lien, or what factual situation justifies a waiver of lien, will be made to assure that AML program funds are used to benefit the health, safety, or environmental values of the greater community and avoid windfall profits to owners of reclaimed land. The manner in which the subject property was acquired shall be considered. An increase in total fair market value of less than $8,000, or less than 20 percent of total fair market value before reclamation, shall not be considered significant.

3. A lien shall be waived if findings made prior to construction demonstrate that the reclamation work is being undertaken solely to seal, fill, or mark an open or settled mine shaft, drift or slope entry, adit or other mine opening or a subsidence pit.

4. If a lien is to be filed, the Department shall, within six months after the completion of the reclamation work, file a statement in the Office of the Recorder of Deeds in the County wherein the reclaimed land is located. Such statement shall consist of notarized copies of the appraisal obtained under subsection (a) and shall include an account of moneys expended for the reclamation work. The statement shall state the priority claimed for the lien. The amount reported to be the increase in value of the property shall constitute the lien to be recorded. Provided, however, that prior to the time of the actual filing of the proposed lien, the landowner shall be notified of the amount of the proposed lien and shall be allowed a reasonable time to repay that amount instead of allowing the lien to be filed against the property involved.

5. Within 60 days after the lien is filed, the landowner may petition the Department, through the Director of the Office of Mines and Minerals, for a hearing to determine the increase in market value of the land as a result of reclamation work. Any party aggrieved by the decision of the Department may seek appropriate judicial relief at the Circuit Court.

c) Satisfaction of Liens

1. A lien placed on private property shall be satisfied, to the extent of the value of the consideration received, at the time of transfer of ownership. Any unsatisfied portion shall remain as a lien on the property.

2. A reclamation lien created pursuant to Section 2.09 of the State Act shall continue in existence until satisfied, subject only to the 40 year limitation period and requirements of Sections 13-118 through 13-121 of the Code of Civil Procedure [735 ILCS 5/13-118 through 13-121].

3. If reclaimed property subject to a reclamation lien is transferred for an actual consideration in excess of the appraised fair market value of the property after reclamation, and the lien is not satisfied at the time of transfer, the Department shall request the Attorney General to bring an appropriate foreclosure action to satisfy the lien.

4. Monies derived from the satisfaction of liens established under this Section shall be deposited in the State fund currently entitled "Abandoned Mined Lands Reclamation Federal Trust Fund."

History

• Source: Amended at 22 Ill. Reg. 11382, effective June 23, 1998

62 Ill. Adm. Code 2501.28 Rights of Entry

a) Prior to entry onto private lands for any purpose other than the visual inspection of the property under the State Act or this Part, the Department shall obtain advance written consent from the owners of record of the property to be entered, when the owners can be located and contacted and the owners agree to reclamation on their property. The consent shall be in the form of a signed statement by the owner of record or his or her authorized agent which sufficiently identifies the land to be entered, the projected nature of the studies, exploration, or work to be performed on the land, and any special conditions for entry. The statement shall not include any commitment to perform reclamation work or to compensate the owner for entry. If entry is for purposes of visual inspection only, it shall be sufficient if verbal consent is obtained prior to entry from the owner or one authorized to consent to such entry.

b) If the owner cannot be found, or will not consent to the proposed reclamation activities, the Department may enter the land to perform reclamation activities. However, no such action shall be taken unless the Department first:

1. Finds, in writing with supporting reasons, that:

A) The land has been adversely affected by past mining practices; and

B) The adverse effects are at a state where, in the interest of the public health or safety, reclamation activities should be carried out;

2. Gives written notice of its intent to enter for purposes of conducting reclamation activities at least 30 days prior to entry. The notice shall be by certified mail, return receipt requested, and shall include a copy of the findings required by subsection (b)(1) of this Section. If the owner is not known, or cannot be found, the notice shall be posted in a conspicuous place on the property to be entered, and advertised once in a newspaper of general circulation in the county or municipality in which the property is located. The posted and published notice shall include a statement indicating where a copy of the findings required by subsection (b)(1) of this Section may be obtained. Posting and publication shall take place at least 30 days prior to entry.

c) If the Department finds that any lands may have been adversely affected by past mining practices, the Department may, if necessary, enter the property for the purpose of conducting studies or exploratory work to determine the existence of adverse effects of past mining practices and the feasibility of restoration, reclamation, abatement, control, or prevention of such adverse effects.

1. If the owner of such land will not consent to entry and the Department determines that a study or exploration is in the public interest, the Department shall give notice, in writing, to the owner at least 30 days prior to entry. The notice shall be by certified mail, return receipt requested, and shall include a statement of the reasons why entry is believed necessary.

2. If the owner is not known, or cannot be found, the notice shall be posted in a conspicuous place on the property to be entered, and advertised once in a newspaper of general circulation in the county or municipality in which the property is located. Posting and publication shall take place at least 30 days prior to entry.

d) Entry under this Section shall be construed as an exercise of the police power for the protection of the public health, safety, and general welfare, and shall not be construed as an act of condemnation of property or trespass thereon [20 ILCS 1920/2.05(d)].

History

• Source: Amended at 22 Ill. Reg. 11382, effective June 23, 1998

62 Ill. Adm. Code 2501.31 Land Acquisition, Management and Disposal

a) The Department shall acquire eligible land as necessary for reclamation when long term monitoring will be necessary, or when the benefits to the general public to be derived from reclamation activities on State owned lands would exceed the benefits from reclamation activities if the land were privately owned.

1. The Department will acquire only such interest or conservation rights in land which are necessary for successful reclamation.

2. Prior to acquisition the Department shall obtain from an independent professional appraiser an appraisal of the fair market value of the land or interest in land to be acquired. The appraisal shall state the fair market value of the land as adversely affected by past mining, and shall otherwise meet the quality of appraisal practices found in Regulation 10 of the American Institute of Real Estate Appraisers of the National Association of Realtors, Code of Professional Ethics, as amended November 4, 1984.

3. The Department shall obtain the prior written approval of the Federal Office before acquiring any land or interest in land with federal funds.

b) The Department shall make every reasonable effort to acquire land by purchase from a willing seller. The amount paid for interests acquired shall reflect the fair market value of the interests as adversely affected by past mining. If such efforts are not successful, land or interests in land may be acquired by condemnation.

c) The Department may accept donations of title to land or interest in land that are necessary for reclamation activities. A donation shall not be accepted if the terms or conditions of acceptance are inconsistent with the objectives or requirements of this part. If a donation is accepted, a deed of conveyance shall be executed, acknowledged, and recorded. If reclamation activities are to be carried out with federal funds, the deed shall state that it is made "as a gift under the Federal Surface Mining Control and Reclamation Act of 1977." Offers to make a gift of land or interest in land shall include:

1. A statement of the interest which is being offered;

2. A legal description of the land and a description of any improvements on it;

3. A description of any limitations on the title or conditions as to the use or disposition of the land existing or to be imposed by the donor;

4. A statement that:

A) The offeror is the record owner of the interest being offered;

B) The interest offered is free and clear of all encumbrances except as clearly stated in the offer;

C) There are no adverse claims against the interest offered;

D) There are no unredeemed tax deeds outstanding against the interest offered;

E) No person has a continuing responsibility under State or Federal Law for reclamation.

5. An itemization of any unpaid taxes or assessments levied, assessed or due which could operate as a lien on the interest offered.

d) The Department shall be responsible for the management of lands acquired pursuant to this Section. The lands shall be used only for purposes which are consistent with the reclamation activities and are in accordance with the State Property Control Act [30 ILCS 605]. Any user of land acquired under this Section shall be charged a use fee. The fee shall be determined on the basis of the fair market value of the benefits granted to the user, charges for comparable uses within the surrounding area, or the costs to the Department of providing the benefit, whichever is appropriate depending upon the particular circumstances of each case. If the Department finds, in writing, that a waiver of the use fee is in the public interest in a particular case, and states its reasons for such finding, the Department may so waive the fee. Unless otherwise provided by law, all fees collected shall be transmitted to the State Treasurer for deposit in the State fund currently entitled "Abandoned Mined Lands Reclamation Federal Trust Fund."

e) If the Department determines that it would be in the best interest of the State, the Department shall transfer administrative responsibility for land acquired under this Section to an agency or political subdivision of the State without cost to such agency or political subdivision. For land acquired with federal funds, such transfer must have the prior approval of the Federal Office. The agreement under which a transfer is made shall specify: 1) The purposes for which the land may be used, which purposes shall be consistent with the authorization under which the land was acquired; 2) That the administrative responsibility for the land will revert to the Department if, at any time, the land is not used for the purposes specified in the agreement. f) When ownership of any lands acquired pursuant to this Section is no longer necessary to further the goals of the Department, the Department shall notify the corporate authorities of the municipality in which such reclaimed lands are located and the county clerk of the respective county that the lands may be transferred for public use to one or more of such local governments who have complied with Section 2.07 of the State Act.

1. Upon receipt of plans for use of reclaimed lands from a unit or units of local government, the Department shall:

A) Publish a notice in the official newspaper and in a paper of general circulation in the area where the land is located for four successive weeks indicating that a plan has been submitted, and where a copy of the plan may be obtained. The notice shall provide at least 30 days for public comment;

B) Make copies of the disposition plan available in the locality of the property and the Department's offices;

C) If requested by any person, or if deemed advisable by the Department, conduct a public hearing to discuss the disposition plan. At least 30 days notice of any such hearing will be published in a newspaper of general circulation in the area in which the land is located.

2. If the Department finds that the proposed disposition is appropriate considering all comments received and is consistent with any applicable local, State, or federal laws or rules, the Department shall transfer title for the affected lands to the unit or units of local government submitting the plan.

g) If disposal of lands under subsection (f) of this Section is determined by the Department not to be in the public interest, and if the reclaimed lands are suitable for industrial, commercial, residential, or recreational development consistent with local, State, or federal land use plans for the area in which the land is located, then the land may be sold for not less than fair market value under a system of competitive bidding which includes:

1. Publication of a notice once a week for 4 weeks in a newspaper of general circulation in the locality in which the land is located. The notice shall describe the land to be sold, state the appraised value, state any restrictive covenants which will be a condition of the sale, and state the time and place of the sale;

2. Provisions for sealed bids to be submitted prior to the sale date followed by an oral auction open to the public;

3. All moneys received from disposal of land under this Section shall be transmitted to the State Treasurer for deposit in the State fund currently entitled "Abandoned Mined Lands Reclamation Federal Trust Fund."

History

• Source: Amended at 22 Ill. Reg. 11382, effective June 23, 1998

62 Ill. Adm. Code 2501.34 Emergency Abatement Activities

Notwithstanding any other Section of this Part, the Department will identify and immediately address sites which present an immediate threat to public health and safety, such as hazardous mine openings, methane gas leaks, deteriorating tipple structures, hazardous highwalls, mine fires, and mine subsidence. The finding by the Department that an immediate threat exists shall be in writing. The Department shall notify the owner and request consent prior to entry and abatement work. However, if the Department is unable to notify or secure a written consent prior to conducting abatement work, a written notice shall be given to the owner within two working days after entry. The appraisal required by Section 2501.25 shall be completed at the earliest practical time, but in any case before related nonemergency work is commenced. If federal funds are to be utilized for emergency reclamation activities on non-coal mined lands, the Department shall seek to have the Governor request such authorization from the Federal Office, as required by 30 CFR 875 (1983).

History

• Source: Amended at 22 Ill. Reg. 11382, effective June 23, 1998

62 Ill. Adm. Code 2501.37 Notice of Reclamation

a) Following reclamation, the Department shall file a Notice of Reclamation in the office of the recorder in the county in which the reclaimed land lies. The Notice of Reclamation shall identify the land reclaimed, the adverse effects of past mining on the land, and briefly describe the reclamation. The Notice of Reclamation shall serve as perpetual notice to all concerned that the land has been mined and reclaimed, and provide that further information may be obtained by contacting the Department [20 ILCS 1920/2.12].

b) A Notice of Reclamation shall be filed only with respect to land that has been adversely affected with the physical impacts of mining, and will continue after reclamation to contain such physical effects even though reclaimed, including:

1. mine shafts, slope entries, or other mine openings

2. coal refuse and tailings

3. mine gas escape points

4. hazardous equipment or facilities

5. dangerous highwalls or embankments

6. spoil

7. acid water impoundments

8. dangerous impoundments or dam structures

9. subsidence pits or troughs.

c) A Notice of Reclamation shall not be filed in connection with land that is affected by reclamation activities only to provide ingress and egress, mobilization or staging areas, borrow or cover material, or other support activities.

d) A Notice of Reclamation shall not be filed where all adverse effects, physical impacts, or remnants thereof are removed from the property by the reclamation.

History

• Source: Amended at 22 Ill. Reg. 11382, effective June 23, 1998

62 Ill. Adm. Code 2501.40 Public Participation

a) Any interested person may submit information and comments regarding the AML program and projects at any time. Information and comments should be directed to the Director of the Department, the Director of the Office of Mines and Minerals, or the Manager of the AML Division.

b) Verbal requests for information and written requests for information regarding the AML program shall be handled as expeditiously as possible. Requests made specifically pursuant to the Freedom of Information Act [5 ILCS 140] shall be made and handled in accordance with the generally applicable procedures of the Department of Natural Resources.

c) Copies of the following publications shall be available upon request at the Department's Office at 300 W. Jefferson Street, Springfield, Illinois 62702.

1. The Illinois State Reclamation Plan for Abandoned Mined Lands.

2. Office of Mines and Minerals Annual and Bi-Annual Reports.

3. Specific project reports which may be published for free distribution.

4. Brochures and program materials which may be published for free distribution.

5. The availability of such reports, brochures and program materials as may be prepared especially for free distribution shall not be deemed a waiver of the Department's right to charge fees reasonably calculated to reimburse its actual cost for reproducing and certifying public records requested pursuant to the Freedom of Information Act. The Department may charge fees reasonably calculated to reimburse its actual cost for providing multiple copies of free publications when multiple copies are requested.

d) The Department shall hold such public meetings as it determines necessary and appropriate to advise the public of planned or ongoing AML projects, and to solicit input and participation in the AML program. Any interested person may request, in writing, that the Department hold a public meeting in connection with any AML project or program activity. Upon receipt of a written request to hold a public meeting, the Department shall contact the landowners directly involved in the project, as well as the local government bodies that may be interested. The Department shall schedule a public meeting if it determines that sufficient public interest exists to warrant the public meeting.

History

• Source: Added at 22 Ill. Reg. 11382, effective June 23, 1998