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91_HB1826
LRB9102620ACtmB
1 AN ACT to amend the Surface-Mined Land Conservation and
2 Reclamation Act by changing Section 6.5.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Surface-Mined Land Conservation and
6 Reclamation Act is amended by changing Section 6.5 as
7 follows:
8 (225 ILCS 715/6.5)
9 Sec. 6.5. Blasting operations; regulation.
10 (a) Blasting operations at permitted and unpermitted
11 sites operated by the aggregate mining industry shall be
12 conducted only in accordance with existing State and federal
13 law and rules promulgated by the Department with the advice
14 of the aggregate mining industry. These rules shall include
15 provisions to require all of the following:
16 (1) The maintenance of blasting records for a
17 period of at least 3 years and that the records be made
18 available for Department inspection and copying.
19 However, these on-site blasting records, as they relate
20 to detonation, are deemed to be proprietary information.
21 (2) The control of blasting operations so as to
22 prevent injury to persons and damage to public and
23 private property outside the blasting site.
24 (3) That all blasting operations be conducted or
25 supervised by trained and competent persons as licensed
26 by the Department.
27 (4) That blasting operations be subject to air
28 blast or ground vibration monitoring, or both, as
29 necessary to limit property damage and protect public
30 safety.
31 (5) The issuance of notices of violation in the
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1 event of a violation of the Department's blasting rules.
2 (6) The issuance of orders requiring the cessation
3 of blasting operations in the event of a violation of the
4 Department's blasting rules that may cause injury to
5 persons or damage to public and private property outside
6 the blasting site.
7 (7) The assessment of civil penalties, and the
8 initiation of formal administrative hearings to resolve
9 violations of the Department's blasting rules.
10 (8) That all blasting operations be conducted
11 between the hours of 9:00 a.m. and 5:00 p.m. Monday
12 through Friday.
13 (9) The establishment of a set of blasting
14 standards in urban areas.
15 (10) That a study be conducted to determine the
16 appropriate levels of blasting in urban areas.
17 (b) The Department shall promulgate rules requiring the
18 training, examination, and licensing of persons engaging in
19 or responsible for the blasting operation or use of
20 explosives in aggregate mining operations. The rules shall
21 include an administrative enforcement process designed to
22 correct infractions of the terms of the blasting licenses
23 issued by the Department. These rules may also include a fee
24 schedule designed to defray the costs associated with the
25 Department's examination and licensing of persons engaging in
26 or responsible for the blasting operation or use of
27 explosives in aggregate mining operations.
28 (c) The rules implementing the requirements of this
29 Section shall become effective one year after the rules are
30 adopted by the Department.
31 (d) Pursuant to subsection (i) of Section 6 of Article
32 VII of the Illinois Constitution, a home rule unit may not
33 regulate the blasting operations at aggregate mining
34 operations in a manner less restrictive than the regulation
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1 by the State of the blasting operations at aggregate mining
2 operations as provided in this Section. This Section is a
3 limitation on the concurrent exercise by home rule units of
4 powers and functions exercised by the State. The regulation
5 of blasting operations at aggregate mining operations is an
6 exclusive power and function of the State. A home rule unit
7 may not regulate blasting operations at aggregate mining
8 operations. This Section is a denial and limitation of home
9 rule powers and functions under subsection (h) of Section 6
10 of Article VII of the Illinois Constitution.
11 (Source: P.A. 89-26, eff. 6-23-95.)
12 Section 99. Effective date. This Act takes effect upon
13 becoming law.