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Public Act 094-1101
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| HB0822 Enrolled |
LRB094 07335 DRJ 37493 b |
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Coal Mining Act is amended by changing |
Sections 11.08 and 11.09 as follows:
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(225 ILCS 705/11.08)
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Sec. 11.08. Self-contained self-rescuer (SCSR) devices; |
caches; strobe lights; luminescent signs.
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(a) An operator must require each person underground to |
carry a SCSR device on his or her person or, alternatively, a |
SCSR device must be kept within 25 feet of the person |
underground or may be kept more than 25 feet from the person |
underground if done according to a plan approved by the Mining |
Board. |
(b) An operator must provide for each person who is |
underground at least one SCSR device, in addition to the device |
required under subsection (a), that provides protection for a |
period of one hour or longer, to cover all persons in the mine. |
This additional SCSR device must be kept within 25 feet of the |
person underground or may be kept more than 25 feet from the |
person underground if done according to a plan approved by the |
Mining Board. |
(c) If a mantrip or mobile equipment is used to enter or |
exit the mine, additional SCSR devices, each of which must |
provide protection for a period of one hour or longer, must be |
available for all persons who use such transportation from |
portal to portal. |
(c-5) Beginning July 31, 2007, in addition to the SCSR |
devices required under subsections (a), (b), and (c) of this |
Section, an operator must provide a minimum of 30 SCSR devices |
in each cache located within a mine. All SCSR devices required |
under this subsection (c-5) shall be stored in caches that are |
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conspicuous and readily accessible by each person in the mine. |
If the average seam height of a mine is: |
(1) less than 40 inches, caches must be located no more |
than 2,200 feet apart throughout a mine; |
(2) 40 inches or more, but less than 51 inches, caches |
must be located no more than 3,300 feet apart throughout a |
mine; |
(3) 51 inches or more, but less than 66 inches, caches |
must be located no more than 4,400 feet apart throughout a |
mine; and |
(4) 66 inches or more, caches must be located no more |
than 5,700 feet apart throughout a mine. |
An operator must submit for approval a plan addressing the |
requirements of this subsection (c-5) to the Mining Board on or |
before May 1, 2007.
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(d) The Mining Board must require all operators to provide |
additional SCSR devices in the primary and alternate escapeways |
to ensure safe evacuation if the Mining Board determines that
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If the SCSR devices required under subsections (a), (b), and
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(c), and (c-5) are not adequate to provide enough oxygen for |
all persons to safely evacuate the mine under mine emergency |
conditions, the mine operator must provide additional SCSR |
devices in the primary and alternate escapeways to ensure safe |
evacuation for all persons underground through both primary and |
alternate escapeways. The Mining Board must determine the time |
needed for safe evacuation under emergency conditions from each |
of those locations at 1,000 foot intervals. If the Mining Board |
determines that additional SCSR devices are needed under this |
subsection (d), the
The mine operator must submit a SCSR |
storage plan to the Mining Board for approval. The mine |
operator must include in the SCSR storage plan the location, |
quantity, and type of additional SCSR devices, including, but |
not limited to, SCSR devices required under subsections (a), |
(b), (c), and (c-5) of this Section, each of which must provide |
protection for a period of one hour or longer, that are stored |
in the primary and alternate escapeways. The SCSR storage plan |
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must also show how each storage location in the primary and |
alternate escapeways was determined. The Mining Board must |
require the mine operator to demonstrate that the location, |
quantity, and type of the additional SCSRs provide protection |
to all persons to safely evacuate the mine. The SCSR storage |
plan must be kept current by the mine operator and made |
available for inspection by an authorized representative of the |
Mining Board and by the miners' representative.
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(e) (Blank)
All SCSR devices required under this Section |
shall be stored in caches that are conspicuous and readily |
accessible by each person in the mine.
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(f) An operator must provide
require luminescent direction |
signs leading to each cache and rescue chamber to be posted in |
a mine, and a luminescent sign with the word
words
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"SELF-CONTAINED SELF-RESCUER" or "SELF-CONTAINED
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SELF-RESCUERS" must be conspicuously posted at each cache and |
rescue chamber. |
(g) Intrinsically safe, battery-powered strobe lights that |
have been approved by the Department must be affixed to each |
cache and rescue chamber and must be capable of automatic |
activation in the event of an emergency; however, until such |
time as the Department approves intrinsically safe, |
battery-powered strobe lights, reflective tape or any other |
illuminated material approved by the Department must be affixed |
to each cache and rescue chamber in a mine.
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(h) The Mining Board must adopt and impose a plan for the |
daily inspection of SCSR devices required under subsections |
(a), (b), and (c) of this Section in order to ensure that the |
devices perform their designated functions each working day. |
Additional SCSR devices required under subsections (c-5) and
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subsection (d) must be inspected every 90 days to ensure that |
the devices perform their designated functions, in addition to |
meeting all federal Mine Safety and Health Administration |
requirements. |
(i) Any person who, without the authorization of the |
operator or the Mining Board, knowingly removes or attempts to |
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remove any self-contained self-rescue device,
or
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battery-powered strobe light, reflective tape, or any other |
illuminated material approved by the Department from a mine or |
mine site with the intent to permanently deprive the operator |
of the device,
or light, reflective tape, or illuminated |
material or who knowingly tampers with or attempts to tamper |
with the device,
or light, reflective tape, or illuminated |
material is guilty of a Class 4 felony. |
(j) (Blank)
Beginning January 31, 2007, in addition to the |
SCSR devices required under subsections (a), (b), and (c), an |
operator must provide a minimum of 30 SCSR devices in each |
cache located within a mine, in addition to federal Mine Safety |
and Health Administration requirements. Caches must be located |
no more than 4,000 feet apart throughout a mine.
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(k) (Blank)
An operator must submit for approval a plan |
addressing the requirements of subsection (j) of this Section |
to the Mining Board within 3 months after the effective date of |
this amendatory Act of the 94th General Assembly.
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(Source: P.A. 94-1041, eff. 7-24-06.)
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(225 ILCS 705/11.09)
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Sec. 11.09. Rescue chambers.
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(a) Rescue chambers approved by the Mining Board must be |
provided at suitable locations throughout a mine. (b) Beginning |
January 31, 2007, rescue chambers approved by the Mining Board
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must be provided and located within 3,000 feet of each working |
section of a mine, in accordance with a plan submitted by an |
operator and approved by the Mining Board.
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(b)
(c) An operator must submit a plan for approval |
concerning the construction and maintenance of rescue chambers |
required under this Section to the Mining Board on or before |
May 1, 2007
within 3 months after the effective date of this |
amendatory Act of the 94th General Assembly.
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(Source: P.A. 94-1041, eff. 7-24-06.)
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Section 99. Effective date. This Act takes effect upon |