| ||||
| Public Act 099-0224 | ||||
| ||||
| ||||
AN ACT concerning regulation.
| ||||
Be it enacted by the People of the State of Illinois,
| ||||
represented in the General Assembly:
| ||||
Section 5. The Fluorspar and Underground Limestone Mines | ||||
Act is amended by changing Section 1 as follows:
| ||||
(225 ILCS 710/1) (from Ch. 96 1/2, par. 4201)
| ||||
Sec. 1. Application of Act; short title; definitions.
| ||||
(a) This Act shall apply to all mines in the State of | ||||
Illinois producing
minerals within the meaning of that term, as | ||||
hereinafter defined.
| ||||
(b) This Act may be cited as the Fluorspar and Underground | ||||
Limestone Mines Act.
| ||||
(c) For the purpose of this Act the singular numbers when | ||||
in
reference to persons, acts, objects and things of whatsoever | ||||
kind and
description shall, whenever the context will permit, | ||||
be taken and held
to import and include the plural number and | ||||
the plural number shall
similarly be taken and held to import | ||||
and include the singular, and terms
that impart the masculine | ||||
gender shall be taken to impart and include the
feminine gender | ||||
as well.
| ||||
(d) The term "mine," when used in the Act, shall include | ||||
prospects,
openings and open-cuts and workings, and shall | ||||
embrace any and all parts
of the property of such "mine" and | ||||
mining plant on the surface or
underground, that contribute | ||
directly or indirectly to the mining and
handling of minerals.
| ||
Provided, that when a group of workings in proximity to one | ||
another
and under one management are administered as distinct | ||
units each working
shall be considered a separate mine.
| ||
(e) The term "mineral" when used in this Act shall mean | ||
whatever is
recognized by the standard authorities as mineral, | ||
whether metalliferous
or non-metalliferous, but shall not be | ||
held to embrace or include
silica, granite, marble, salt, sand, | ||
gravel, clay, rock, coal, lignite,
gas, oil or any substance | ||
extracted in solution or in the molten state
through bore | ||
holes.
| ||
(f) The term "operator" when used in this Act shall mean | ||
the person,
firm, or body corporate, in immediate possession of | ||
any mine and its
accessories as owner or lessee thereof, and as | ||
such responsible for the
condition and management thereof.
| ||
(g) The term "superintendent" when used in this Act shall | ||
mean the
person having the immediate supervision of the mine.
| ||
(h) The term "mine foreman" when used in this Act shall | ||
mean the
person who at any one time is charged with the general | ||
direction of the
underground work.
| ||
(i) The term "inspector" when used in this Act shall | ||
signify the
official State Inspector.
| ||
(j) The words "excavation" and "workings" when used in this | ||
Act
shall signify any and all parts of a mine excavated or | ||
being excavated,
including shafts, raises, tunnels, adits, | ||
open-cuts, and all working
places, whether abandoned or in use.
| ||
(k) Whenever the expression "number of men" or "average | ||
number of
men" employed in a mine are used in this Act as | ||
defining or constituting
classes of mines to which this Act or | ||
any specific section, clauses,
provision or rule thereof, does | ||
or does not apply, such expressions
shall be construed to mean | ||
the average number of individuals employed
during the previous | ||
year as shown by the returns to the mine inspector
or by the | ||
books or pay roll of the mine, or by all of such means and
such | ||
average number shall be determined by dividing the total number | ||
of
man shifts by the number of days the mine worked during such | ||
period.
| ||
(l) The term "explosive" or "explosives" as used in this | ||
Act shall
be held to mean and to include any chemical or any | ||
mechanical mixture
that contains any oxidizing and combustible | ||
units or other ingredients
in such proportions, quantities, or | ||
packing that an ignition by fire, by
friction, by concussion, | ||
by percussion or by detonation of any part of
the compound or | ||
mixture may cause such a sudden generation of highly
heated | ||
gases that the resultant gaseous pressures are capable of | ||
producing
destructive effect on contiguous objects or of | ||
destroying life or limb.
| ||
(m) The term "person" when used in this Act shall be held | ||
to mean
and include a firm or body corporate as well as natural | ||
persons.
| ||
(n) The term "underground" as used in this Act shall be | ||
held to mean "within
the limits of" any mine working or | ||
excavation and shall not exclude such
workings or excavations | ||
as may not be covered over by rock or earth.
| ||
(o) The term "employees" and "men employed" shall be held | ||
to mean
all individuals receiving compensation from the | ||
operator, directly or
indirectly, for labor or services | ||
performed in connection with the mine
and shall include | ||
contractors, lessors, lessees, tributers, or any one
similarly | ||
employed.
| ||
(Source: P.A. 88-185.)
| ||
Section 10. The Surface-Mined Land Conservation and | ||
Reclamation Act is amended by changing Section 8 as follows:
| ||
(225 ILCS 715/8) (from Ch. 96 1/2, par. 4509)
| ||
Sec. 8.
Bond of operator; amount; sufficiency of surety; | ||
violations;
compliance. Any bond herein provided to be filed | ||
with the Department by the
operator shall be in such form as | ||
the Director prescribes, payable to the
People of the State of | ||
Illinois, conditioned that the operator shall
faithfully | ||
perform all requirements of this Act and comply with all rules
| ||
of the Department made in accordance with the provisions of | ||
this Act. Such
bond shall be signed by the operator as | ||
principal, and by a good and
sufficient corporate surety, | ||
licensed to do business in Illinois, as
surety. The penalty of | ||
such bond shall be an amount between $600 and $10,000
$5,000 | ||
per acre as determined by the Director for lands to be affected | ||
by
surface mining, including slurry and gob disposal areas. | ||
Under circumstances where a written agreement between the | ||
operator and a third party require 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. Areas used for
the disposal of slurry and | ||
gob shall continue under bond so long as they
are in active | ||
use. In lieu of such bonds, the operator may deposit any
| ||
combination of cash, certificates of deposits, government | ||
securities, or
irrevocable letters of credit
with the | ||
Department in an amount equal to that of the required surety
| ||
bond on conditions as prescribed in this Section. The penalty | ||
of the bond or amount of other security
shall be increased or | ||
reduced from time to time as provided in this Act.
Such bond or | ||
security shall remain in effect until the affected lands have
| ||
been reclaimed, approved and released by the Department except | ||
that when
the Department determines that grading and covering | ||
with materials capable
of supporting vegetation in accordance | ||
with the plan has been
satisfactorily completed, the Department | ||
shall release the bond or security
except the amount of $100 | ||
per acre which shall be retained by the
Department until the | ||
reclamation according to Section 6 of this Act has
been | ||
completed. Where an anticipated water impoundment has been | ||
approved by
the Department in the reclamation plan, and the | ||
Department determines the
impoundment will be satisfactorily | ||
completed upon completion of the
operation, the bond covering | ||
such anticipated water impoundment area shall
be released.
| ||
A bond filed as above prescribed shall not be cancelled by | ||
the surety
except after not less than 90 days' notice to the | ||
Department.
| ||
If the license to do business in Illinois of any surety | ||
upon a bond
filed with the Department pursuant to this Act | ||
shall be suspended or
revoked, the operator, within 30 days | ||
after receiving notice thereof from
the Department, shall | ||
substitute for such surety a good and sufficient
corporate | ||
surety licensed to do business in Illinois. Upon failure of the
| ||
operator to make substitution of surety as herein provided, the | ||
Department
shall have the right to suspend the permit of the | ||
operator until such
substitution has been made.
| ||
The Department shall give written notice to the operator of | ||
any
violation of this Act or non-compliance with any of the | ||
rules and
regulations promulgated by the Department hereunder | ||
and if corrective
measures, approved by the Department, are not | ||
commenced within 45 days, the
Department may proceed as | ||
provided in Section 11 of this Act to request
forfeiture of the | ||
bond or security. The forfeiture shall be the amount of
bond or | ||
security in effect at the time of default for each acre or | ||
portion
thereof with respect to which the operator has | ||
defaulted. Such forfeiture
shall fully satisfy all obligations | ||
of the operator to reclaim the affected
land under the | ||
provisions of this Act.
| ||
The Department shall have the power to reclaim, in keeping | ||
with the
provisions of this Act, any affected land with respect | ||
to which a bond has
been forfeited.
| ||
Whenever an operator shall have completed all requirements | ||
under the
provisions of this Act as to any affected land, he | ||
shall notify the
Department thereof. If the Department | ||
determines that the operator has
completed reclamation | ||
requirements and refuse disposal requirements and has
achieved | ||
results appropriate to the use for which the area was | ||
reclaimed,
the Department shall release the operator from | ||
further obligations
regarding such affected land and the | ||
penalty of the bond shall be reduced
proportionately.
| ||
Bonding aggregate mining operations under permit by the | ||
State is an
exclusive power and function of the State. A home | ||
rule unit may not require
bonding of aggregate mining | ||
operations under permit by the State. This
provision is a | ||
denial and limitation of home rule powers and functions under
| ||
subsection (h) of Section 6 of Article VII of the Illinois | ||
Constitution of
1970.
| ||
(Source: P.A. 91-938, eff. 1-11-01.)
| ||