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91_HB2970eng HB2970 Engrossed LRB9109420ACprA 1 AN ACT to amend the Surface-Mined Land Conservation and 2 Reclamation Act. 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 Sections 3, 5, 6, 8, 7 and 12 as follows: 8 (225 ILCS 715/3) (from Ch. 96 1/2, par. 4503) 9 Sec. 3. Definitions. Wherever used or referred to in 10 this Act, unless a different meaning clearly appears from the 11 context: 12 (a) "Reclamation" means conditioning areas affected by 13 surface mining to achieve the purposes of this Act. 14 (b) "Overburden" means all of the earth and other 15 materials which lie above natural deposits of coal, clay, 16 stone, sand, gravel, or other minerals, and also means such 17 earth and other materials disturbed from their natural state 18 in the process of surface mining. 19 (c) "Surface mining" means the mining of any minerals by 20 removing the overburden lying above natural deposits thereof, 21 and mining directly from the natural deposits thereby exposed 22 or the deposition of overburden therefrom. 23 (d) "Operator" means any person, firm, partnership or 24 corporation engaged in and controlling a surface mining 25 operation, and includes political subdivisions and 26 instrumentalities of the State of Illinois. 27 (e) "Pit" means a tract of land, from which overburden 28 has been or is being removed for the purpose of surface 29 mining. 30 (f) "Final cut" means the last pit created in a 31 surface-mined area. HB2970 Engrossed -2- LRB9109420ACprA 1 (g) "High wall" means that side of the pit adjacent to 2 unmined land. 3 (h) "Affected land" means the area of land from which 4 overburden is removed for surface mining or upon which 5 overburden or refuse is deposited. It also means any area of 6 land utilized for drainage ditches and,haulage roads at 7 surface coal mines, slurry pond impoundments and gob disposal8areas which are constructed, created, extended, enlarged or9expanded. 10 (i) "Refuse" means all waste materials directly 11 connected with the cleaning and preparation of minerals mined 12 by surface mining and discarded equipment and machinery. 13 (j) "Slurry" means that portion of refuse separated from 14 the mineral in the cleaning process, consisting of fines and 15 clays in the preparation plant effluent, and which is readily 16 pumpable. 17 (k) "Gob" means that portion of refuse consisting of 18 waste coal, rock, pyrites, slate, or other unmerchantable 19 material of relatively large size which is separated from the 20 mineral in the cleaning process. 21 (L) "Acid forming materials" means those materials 22 capable of producing toxic conditions when exposed. 23 (m) "Toxic conditions" means any conditions that will 24 not support higher forms of plant or animal life in any place 25 in connection with or as a result of the completion of 26 surface mining. 27 (n) "Ridge" means a lengthened elevation of overburden 28 created in the surface mining process. 29 (o) "Peak" means a projecting point of overburden 30 created in the surface mining process. 31 (p) "Department" means Department of Natural Resources 32 or such department, bureau, or commission as may lawfully 33 succeed to the powers and duties of such Department. 34 (q) "Director" means the Director of the Department of HB2970 Engrossed -3- LRB9109420ACprA 1 Natural Resources or such officer, bureau or commission as 2 may lawfully succeed to the powers and duties of such 3 Director. 4 (r) "Darkened surface soil" means mineral horizons 5 formed at or adjacent to the surface of the soil which are 6 higher in organic matter content and visibly darker in color 7 than the immediately underlying horizons. 8 (s) "Aggregate mining industry" means producers, by 9 surface mining method, of all minerals other than coal, 10 including sand, gravel, silica sand, shale, clay, limestone 11 and any other mineral which may be so mined. 12 (Source: P.A. 89-445, eff. 2-7-96.) 13 (225 ILCS 715/5) (from Ch. 96 1/2, par. 4506) 14 Sec. 5. Application for permit; bond; fee; permit. 15 (a) Application for a permit shall be made upon a form 16 furnished by the Department, which form shall contain a 17 description of the tract or tracts of land and the estimated 18 number of acres thereof to be affected by surface mining by 19 the applicant to the tenththirdsucceeding June 30, which 20 description shall include the section, township, range, and 21 county in which the land is located and shall otherwise 22 describe the land with sufficient certainty so that it may be 23 located and distinguished from other lands, and a statement 24 that the applicant has the right and power by legal estate 25 owned to mine by surface mining and to reclaim the land so 26 described. Such application shall be accompanied by: (i) a 27 bond or security meeting the requirements of Section 8 of 28 this Act; and (ii) a fee of $100 for every acre and fraction 29 of an acre of land to be permitted. 30 (b) An operator desiring to have ahispermit amended to 31 cover additional land may file an amended application with 32 the Department with such additional fee and bond or security 33 as may be required under the provisions of this Act. Such HB2970 Engrossed -4- LRB9109420ACprA 1 amendment shall comply with all requirements of this Act. 2 (c) An operator may withdraw any land covered by a 3 permit, excepting affected land, by notifying the Department 4 thereof, in which case the penalty of the bond or security 5 filed by such operator pursuant to the provisions of this Act 6 shall be reduced proportionately. 7 (d) (Blank).Where acreage for which a permit has been8in effect is not mined, or where mining operations have not9been completed thereon, during the permit period, the permit10as to such acreage shall be extended by the Department for11another permit period without payment of any additional fee,12if not more than 25% of the original permit acreage is13involved. A new permit will be required at the regular14prescribed fees as stated in this Section for all acreage in15excess of 25%.16 (e) Every application, and every amendment to an 17 application, submitted under this Act shall contain the 18 following, except that the Director may waive the 19 requirements of this subsection (e) for amendments if the 20 affected acreage is similar in nature to the acreage stated 21 in the permit to be amended: 22 1. a statement of the ownership of the land and of 23 the minerals to be mined; 24 2. the minerals to be mined; 25 3. the character and composition of the vegetation 26 and wildlife on lands to be affected; 27 4. the current and past uses to which the lands to 28 be affected have been put; 29 5. the current assessed valuation of the lands to 30 be affected and the assessed valuation shown by the two 31 quadrennial assessments next preceding the currently 32 effective assessment; 33 6. the nature, depth and proposed disposition of 34 the overburden; HB2970 Engrossed -5- LRB9109420ACprA 1 7. the estimated depth to which the mineral deposit 2 will be mined; 3 8. the location of existing roads, and anticipated 4 access and haulage roads planned to be used or 5 constructed in conducting surface mining; 6 9. the technique to be used in surface mining; 7 10. the location and names of all streams, creeks, 8 bodies of water and underground water resources within 9 lands to be affected; 10 11. drainage on and away from the lands to be 11 affected including directional flow of water, natural and 12 artificial drainways and waterways, and streams or 13 tributaries receiving the discharge; 14 12. the location of buildings and utility lines 15 within lands to be affected; 16 13. the results of core drillings of consolidated 17 materials in the overburden when required by the 18 Department, provided that the Department may not require 19 core drillings at the applicant's expense in excess of 20 one core drill for every 25 acres of land to be affected; 21 14. a conservation and reclamation plan and map 22 acceptable to the Department. The operator shall 23 designate which parts of the lands to be affected are 24 proposed to be reclaimedhe or she proposes to reclaim25 for forest, pasture, crop, horticultural, homesite, 26 recreational, industrial or other uses including food, 27 shelter and ground cover for wildlife and shall show the 28 same by appropriate designation on a reclamation map. 29 The plan shall: 30 (i) provide for timely compliance with all 31 operator duties set forth in Section 6 of this Act 32 by feasible and available means; and 33 (ii) provide for storage of all overburden and 34 refuse. HB2970 Engrossed -6- LRB9109420ACprA 1 Information respecting the minerals to be mined required 2 by subparagraph (e)2 of this Section, respecting the 3 estimated depth to which the mineral deposit will be mined 4 required by subparagraph (e)7 of this Section, and respecting 5 the results of core drillings required by subparagraph (e)13 6 of this Section shall be held confidential by the Department 7 upon written request of the applicant. 8 (f) All information required in subsection (e) of this 9 Section, with the exception of that information which is to 10 be held in confidentiality by the Department shall be made 11 available by the operator for public inspection at the county 12 seat of each county containing land to be affected. The 13 county board of each county containing lands to be affected 14 may propose the use for which such lands within its county 15 are to be reclaimed and such proposal shall be considered by 16 the Department, provided that any such proposal must be 17 consistent with all requirements of this Act. 18 Such plan shall be deposited with the county board no 19 less than 60 days prior to any action on the plan by the 20 Department. All actions by the county board pursuant to this 21 Section must be taken within 45 days of receiving the plan. 22 If requested by a county board of a county to be affected 23 under a proposed permit, a public hearing to be conducted by 24 the Department shall be held in such county on the permit 25 applicant's proposed reclamation plan. By rules and 26 regulations the Department shall establish hearing dates 27 which provide county boards reasonable time in which to have 28 reviewed the proposed plans and the procedural rules for the 29 calling and conducting of the public hearing. Such 30 procedural rules shall include provisions for reasonable 31 notice to all parties, including the applicant, and 32 reasonable opportunity for all parties to respond by oral or 33 written testimony, or both, to statements and objections made 34 at the public hearing. County boards and the public shall HB2970 Engrossed -7- LRB9109420ACprA 1 present their recommendations at these hearings. A complete 2 record of the hearings and all testimony shall be made by the 3 Department and recorded stenographically. 4 (g) The Department shall approve a conservation and 5 reclamation plan if, and only if,the plan complies with this 6 Act and completion of the plan will in fact achieve every 7 duty of the operator required by this Act. The Department's 8 approval of a plan shall be based upon the advice of 9 technically trained foresters, agronomists, economists, 10 engineers, planners and other relevant experts having 11 experience in reclaiming surface-mined lands, and having 12 scientific or technical knowledge based upon research into 13 reclaiming and utilizing surface-mined lands. The Department 14 shall consider all testimony presented at the public hearings 15 as provided in subsection (f) of this Section. In cases 16 where no public hearing is held on a proposed plan, the 17 Department shall consider written testimony from county 18 boards when submitted no later than 45 days following filing 19 of the proposed plan with the county board. The Department 20 shall immediately serve copies of such written testimony on 21 the applicant and give the applicant a reasonable opportunity 22 to respond by written testimony. The Department shall 23 consider the short and long term impact of the proposed 24 mining on vegetation, wildlife, fish, land use, land values, 25 local tax base, the economy of the region and the State, 26 employment opportunities, air pollution, water pollution, 27 soil contamination, noise pollution and drainage. The 28 Department mayshallconsider feasible alternative uses for 29 which reclamation might prepare the land to be affected and 30 mayshallanalyze the relative costs and effects of such 31 alternatives. Whenever the Department does not approve the 32 operator's plan, and whenever the plan approved by the 33 Department does not conform to the views of the county board 34 expressed in accordance with subsection (f) of this Section, HB2970 Engrossed -8- LRB9109420ACprA 1 the Department shall issue a statement of its reasons for its 2 determination and shall make such statement public. The 3 approved plan shall be filed by the applicant with the clerk 4 of each county containing lands to be affected and such plan 5 shall be available for public inspection at the office of the 6 clerk until reclamation is completed and the bond is released 7 in accordance with the provisions of the Act. 8 (h) Upon receipt of a bond or security, all fees due 9 from the operator, and approval of the conservation and 10 reclamation plan by the Department, the Department shall 11 issue a permit to the applicant which shall entitle him to 12 engage thereafter in surface mining on the land therein 13 described until the tenththirdsucceeding June 30, the 14 period for which such permits are issued being hereafter 15 referred to as the "permit period". 16 (i) The operator may transfer any existing permit to a 17 second operator, after first notifying the Department of the 18 intent to transfer said permit. The Department shall transfer 19 any existing permit to a second party upon written 20 notification from both parties and the posting of an adequate 21 performance bond by the new permittee. 22 (Source: P.A. 91-357, eff. 7-29-99.) 23 (225 ILCS 715/6) (from Ch. 96 1/2, par. 4507) 24 Sec. 6. Duties of operator. Every operator to whom a 25 permit is issued pursuant to the provisions of this Act may 26 engage in surface mining upon the lands described in the 27 permit upon the performance of and subject to the following 28 requirements with respect to such lands: 29 (a) All land affected by surface mining except as 30 otherwise provided in this Act shall be graded to a rolling 31 topography traversable by machines necessary for maintenance 32 in accordance with the planned use, with slopes having no 33 more than 15%(or 8 degrees and 32 minutes)grade, except HB2970 Engrossed -9- LRB9109420ACprA 1 that in the following cases the grade shall not exceed 30%: 2 (i)case of thoselands to be reclaimed toin accordance with3filed plan forforest plantation, recreational or wildlife 4 land uses, (ii) the outside slope of the box cut spoil, and 5 (iii) the outside slopes of all overburden deposition areas. 6the grade shall not exceed 30% (or 16 degrees and 427minutes);The final cut spoil and the side slopes of haulage 8 road inclines can remain at a slope equal to the angle of 9 repose of the material, provided the material can support 10 vegetative cover. However, in no case shall the Department 11 require grading to a lesser slopein order to retain or12provide as much row crop or 15% slope land as possible; but,13such slopes need not be reduced to lessthan the original 14 grade of the overburden existingof that areaprior to 15 mining.;16 (b) All runoff water shall be impounded, drained or 17 treated so as to reduce soil erosion, damage to unmined 18 lands, and pollution of streams and other waters. The 19 operator shall construct earth dams, where lakes may be 20 formed, in accordance with sound engineering practices if 21 necessary to impound water, provided the formation of the 22 lakes or ponds will not interfere with underground or other 23 mining operations, other subsequent uses of the area approved 24 by the Department, or damage adjoining property. Such water 25 impoundments must be approved by the Department based on the 26 expected ability of the lakes or ponds to support desirable 27 uses such as water for livestock or wild life; and if to be 28 used for fish life, shall have minimum depths in accordance 29 with standards for fish stocking in the various areas of the 30 State recommended by the Department.;31 (c) Acid forming materials present in the exposed face 32 of the mined mineral seam or seams in the final cut shall be 33 covered at all times with not less than 4 feet of water, or 34 other materials which shall be placed with slopes having no HB2970 Engrossed -10- LRB9109420ACprA 1 more than 30% grade, capable of supporting plant and animal 2 life. Final cuts or other depressed affected areas, no 3 longer in use in mining operations, which accumulate toxic 4 waters will not meet reclamation requirements.;5 (d) Slurry must be confined in depressed or mined areas 6 bounded by levees or dams constructed from material capable 7 of supporting acceptable vegetation and built in accordance 8 with sound engineering practices. Such areas shall be 9 screened with border plantings of tree species which by their 10 seeding habits will encourage propagation of vegetation on 11 these areas, and levees or dams built to confine slurry shall 12 be established to adapted species of grasses. Gob not 13 capable of supporting vegetation shall be covered to a 14 minimum depth of 4 feet with soil or other material in 15 accordance with sound soil conservation practices as 16 prescribed by the Director. Such material must be capable of 17 being vegetated and an acceptable cover shall be established. 18 The above stipulated reclamation measures shall apply to all 19 new refuse disposal areas or horizontal extensions of 20 existing refuse disposal areas after the effective date of 21 this Act.;22 (e) All abandoned haulage roads and all mine drainage 23 ditches must be removed and graded, except where the Director 24 determines that a road or ditch is consistent with and 25 necessary to the conservation and reclamation plan.;26 (f) Unless the approved reclamation plan is inconsistent 27 with vegetative cover, the soil shall be prepared and planted 28 with trees, shrubs, grasses and legumes to provide suitable 29 vegetative cover, in accordance with standards adopted by the 30 Department.;31 (g) All requirements of the Environmental Protection 32 Act, and of rules and regulations thereunder, as enforced by 33 the Environmental Protection Agency, shall be complied with 34 fully at all times during mining, reclamation, and after HB2970 Engrossed -11- LRB9109420ACprA 1 reclamation.;2 (h) Surface mining operations that remove and do not 3 replace the lateral support shall not, unless mutually agreed 4 upon by the operator and the adjacent property owner, 5 approach property lines, established right-of-way lines of 6 any public roads, streets or highways closer than a distance 7 equal to 10 feet plus one and one-half times the depth of the 8 excavation except where consolidated material or materials of 9 sufficient hardness or ability to resist weathering and to 10 inhibit erosion or sloughing exists in the highwall, the 11 distance from the property line or any established 12 right-of-way line shall not, unless mutually agreed, be 13 closer than a distance equal to 10 feet plus one and one-half 14 times the depth from the natural ground surface to the top of 15 the consolidated material or materials.;16 (i) The operator shall annually submit to the Department 17 and to the affected countyno later than September 1,18following the end of each fiscal year on June 30,a map in a 19 form approved by the Department showing the location of the 20 pit or pits by section, township, range and county, with such 21 other description as will identify the land which the 22 operator has affected by surface mining during such fiscal 23 year and has completed mining operations thereon, with a 24 legend upon such map showing the number of acres of affected 25 land.;26 (j) When the Director determines that the land to be 27 affected is (1) capable of being reclaimed for row-crop 28 agricultural purposes and suitable for row-crop agricultural 29 purposes based on United States Soil Conservation Service 30 soil survey classifications of the affected land prior to 31 mining, and (2) when the Director determines that the optimum 32 future use of the land affected is for row-crop agricultural 33 purposes, the affected land shall be graded to the 34 approximate original grade of the land provided that the HB2970 Engrossed -12- LRB9109420ACprA 1 final cut and submerged roadways may remain if the Department 2 determines that such final cut or roadways could form a water 3 impoundment capable of supporting desirable uses such as 4 water for livestock or wild life; and if to be used for fish 5 life, shall have minimum depths in accordance with standards 6 for fish stocking as recommended by the Department, and 7 provided further that the box cut spoil shall be graded in 8 accordance with subparagraph (a) of Section 6.;9The reclamation requirements in this Section do not apply10to affected land used for a sanitary land fill if such11sanitary land fill is approved by the Environmental12Protection Agency. The Environmental Protection Agency may13regulate the amount of land to be used for the purpose and14may establish a time schedule for the orderly and timely15completion of such sanitary land fill. Any affected land16designated for sanitary land fill and not used for such17purpose within 5 years is subject to the reclamation18provisions of this Section;19 On all affected lands to be graded to the approximate 20 original grade under this subsection (j), all or part of the 21 darkened surface soil, as defined in this Act, shall be 22 segregated during the stripping process and replaced as a 23 final cover as a last step in the required grading. When 24 available in such depth, at least 18 inches of the darkened 25 surface soil shall be segregated and replaced. When less than 26 18 inches of darkened surface soil exists all such lesser 27 amounts shall be segregated and replaced. In no case under 28 this subsection (j) shall less than the top 8 inches of 29 surface soil, darkened or not, be segregated and replaced. 30 This segregation and replacement requirement may be altered 31 by the Department only if it is determined upon the advice of 32 competent soil scientists that other material available in 33 the cast overburden would be suitable in meeting the 34 reclamation requirements. Below the darkened surface soil the HB2970 Engrossed -13- LRB9109420ACprA 1 replaced material shall be suitable as an agricultural root 2 medium. The Department shall determine by rules and 3 regulations what constitutes a suitable agricultural root 4 medium by composition and depth. On all lands to be 5 reclaimed under this subsection (j), the operator shall not 6 be required to create a soil condition better than that which 7 existed prior to surface mining. 8 (k)All grading provided for hereunder shall proceed in9conjunction with surface mining and shall be carried to10completion by the operator prior to the expiration of 1111months after June 30 of the fiscal year in which the mining12occurred.Allotherreclamation provided for hereunder,13except gob and slurry areas in active use,shall be carried 14 to completion by the operator prior to the expiration of 3 15 years after active use, as determined by the DepartmentJune1630 of the fiscal year in which the mining occurred, except 17 that no other reclamation of any kind shall be required to be 18 made within depressed haulage roads or final cuts or any 19 other area where pools or lakes, capable of supporting 20 aquatic life, may be formed by rainfall or drainage runoff 21 from adjoining land or where the Director determines that a 22 road, dry pit bottom or ditch is consistent with and 23 necessary to the conservation and reclamation plan. All 24 mined areas which in the reclamation plan call for 25 vegetation, other than land to be reclaimed under subsection26(j) of this Section,shall be covered with whatever top 27 soils orandother materials from the cast overburden that 28 will support acceptable plant growth in accordance with 29 standards adopted by the Department. The Department shall 30 have authority to require that darkened surface soil be 31 segregated from other overburden in the stripping process so 32 as to accomplish the requirements of this subparagraph. When 33 extension of the reclamation period is necessary to allow 34 continued mining operation and to accomplish acceptable HB2970 Engrossed -14- LRB9109420ACprA 1 reclamation, such extension shall be made at the discretion 2 of the Department, however, the Department shall not deny a 3 reasonable extension under any of the subsections of this 4 Section 6 when the operator shows that acts of God, strikes, 5 inability to receive ordered equipment or extended periods of 6 unseasonable and not to be expected weather have made 7 completion within time limits impossible; or, the Department 8 shall declare forfeiture of the surety bond or security on 9 such land not satisfactorily reclaimed or the Director shall 10 provide that the operator cover such areas with material 11 capable of being vegetated in accordance with vegetative 12 standards adopted by the Department within 1 year.Gob and13disposal areas shall be reclaimed as provided in Section 614(d) within one year after cessation of active use.If further 15 extension of the reclamation period is necessary to 16 accomplish acceptable reclamation such extension shall be 17 made at the discretion of the Department or the Department 18 shall declare forfeiture of the surety bond or security on 19 such land not satisfactorily reclaimed.;20 (l) The reclamation requirements in this Section do not 21 apply to affected land used for a landfill if the landfill is 22 approved by the Environmental Protection Agency. The 23 Environmental Protection Agency may regulate the amount of 24 land to be used for that purpose and may establish a time 25 schedule for the orderly and timely completion of the 26 landfill. Any affected land designated for landfill and not 27 used for that purpose within 5 years after such a designation 28 is subject to the reclamation provisions of this Section.If29the operator is unable to acquire sufficient planting stock30of desired tree species from State nurseries, or acquire such31tree species elsewhere at comparable prices, the Department32shall grant the operator an extension of time until planting33stock is available to plant such land as originally planned,34or shall permit the operator to select an alternate method ofHB2970 Engrossed -15- LRB9109420ACprA 1reclamation in keeping with the provisions of this Act.2 (m) The conservation and reclamation plan shall be 3 completely performed on time. 4 (n) High walls shall be reshaped to a slope of 5 two-to-one or 50% to the anticipated water level or dry pit 6 bottom unless otherwise excepted by the Director.The7Director shall submit proposed exceptions to the Advisory8Council for its comments before granting any exceptions under9this Act.10 (o) The provisions of subsections (j) and (n) of this 11 Section do not apply to the aggregate mining industry. 12 (Source: P.A. 80-295.) 13 (225 ILCS 715/8) (from Ch. 96 1/2, par. 4509) 14 Sec. 8. Bond of operator; amount; sufficiency of surety; 15 violations; compliance. Any bond herein provided to be filed 16 with the Department by the operator shall be in such form as 17 the Director prescribes, payable to the People of the State 18 of Illinois, conditioned that the operator shall faithfully 19 perform all requirements of this Act and comply with all 20 rules of the Department made in accordance with the 21 provisions of this Act. Such bond shall be signed by the 22 operator as principal, and by a good and sufficient corporate 23 surety, licensed to do business in Illinois, as surety. The 24 penalty of such bond shall be an amount between $600 and 25 $5,000 per acre as determined by the Director for lands to be 26 affected by surface mining, including slurry and gob disposal 27 areas. Areas used for the disposal of slurry and gob shall 28 continue under bond so long as they are in active use. In 29 lieu of such bonds, the operator may deposit any combination 30 of cash, certificates of deposits, government securities, or 31 irrevocable letters of credit with the Department in an 32 amount equal to that of the required surety bond on 33 conditions as prescribed in this Section.At the discretionHB2970 Engrossed -16- LRB9109420ACprA 1of the Department, surety bond requirements may also be2fulfilled by using existing reclaimed acres, in excess of3cumulative permit or mined acres, that have been completed4under the jurisdiction of this Act and approved by the5Department.The penalty of the bond or amount of other 6 security shall be increased or reduced from time to time as 7 provided in this Act. Such bond or security shall remain in 8 effect until the affected lands have been reclaimed, approved 9 and released by the Department except that when the 10 Department determines that grading and covering with 11 materials capable of supporting vegetation in accordance with 12 the plan has been satisfactorily completed, the Department 13 shall release the bond or security except the amount of $100 14 per acre which shall be retained by the Department until the 15 reclamation according to Section 6 of this Act has been 16 completed. Where an anticipated water impoundment has been 17 approved by the Department in the reclamation plan, and the 18 Department determines the impoundment will be satisfactorily 19 completed upon completion of the operation, the bond covering 20 such anticipated water impoundment area shall be released. 21 A bond filed as above prescribed shall not be cancelled 22 by the surety except after not less than 90 days' notice to 23 the Department. 24 If the license to do business in Illinois of any surety 25 upon a bond filed with the Department pursuant to this Act 26 shall be suspended or revoked, the operator, within 30 days 27 after receiving notice thereof from the Department, shall 28 substitute for such surety a good and sufficient corporate 29 surety licensed to do business in Illinois. Upon failure of 30 the operator to make substitution of surety as herein 31 provided, the Department shall have the right to suspend the 32 permit of the operator until such substitution has been made. 33 The Department shall give written notice to the operator 34 of any violation of this Act or non-compliance with any of HB2970 Engrossed -17- LRB9109420ACprA 1 the rules and regulations promulgated by the Department 2 hereunder and if corrective measures, approved by the 3 Department, are not commenced within 45 days, the Department 4 may proceed as provided in Section 11 of this Act to request 5 forfeiture of the bond or security. The forfeiture shall be 6 the amount of bond or security in effect at the time of 7 default for each acre or portion thereof with respect to 8 which the operator has defaulted. Such forfeiture shall 9 fully satisfy all obligations of the operator to reclaim the 10 affected land under the provisions of this Act. 11 The Department shall have the power to reclaim, in 12 keeping with the provisions of this Act, any affected land 13 with respect to which a bond has been forfeited. 14 Whenever an operator shall have completed all 15 requirements under the provisions of this Act as to any 16 affected land, he shall notify the Department thereof. If 17 the Department determines that the operator has completed 18 reclamation requirements and refuse disposal requirements and 19 has achieved results appropriate to the use for which the 20 area was reclaimed, the Department shall release the operator 21 from further obligations regarding such affected land and the 22 penalty of the bond shall be reduced proportionately. 23 Bonding aggregate mining operations under permit by the 24 State is an exclusive power and function of the State. A home 25 rule unit may not require bonding of aggregate mining 26 operations under permit by the State. This provision is a 27 denial and limitation of home rule powers and functions under 28 subsection (h) of Section 6 of Article VII of the Illinois 29 Constitution of 1970. 30 (Source: P.A. 86-364.) 31 (225 ILCS 715/12) (from Ch. 96 1/2, par. 4513) 32 Sec. 12. Rulesand regulations. 33 (a) The Department may adopt and promulgate reasonable HB2970 Engrossed -18- LRB9109420ACprA 1 rulesand regulationsrespecting the administration of this 2 Act, and in conformity therewith. 3 (b) Rules adopted by the Department shall not apply 4 retroactively. Any operator shall have the right to proceed 5 with operations under this Act until such rules are adopted 6 and no such rules shall be made applicable to any operations 7 prior to the effective date thereof. 8 (c) In addition to the provisions of this Section, and 9 to the extent consistent with this Section, the provisions of 10 the Illinois Administrative Procedure Act apply to the 11 adoption of rules under this Act. 12 (d) Any act authorized to be done by the Director may be 13 performed by the Assistant Director or any employee of the 14 Department when designated by the Director. 15Prior to the adoption, amendment, or repeal of any rule,16the Director shall:17A. give at least 30 days notice of his intended action.18The notice shall include a statement of either the terms or19substance of the intended action or a description of the20subjects and issues involved, and the time when, and the21place where interested persons may present their views22thereon. The notice shall be mailed to all persons who have23made timely request of the Director for advance notice of his24rule-making proceedings and shall be published in the25official State newspaper;26B. afford all interested persons reasonable opportunity27to submit data, views, or arguments, orally or in writing,28provided that the right to cross examine any witnesses is29given to any interested parties, if such right is requested.30The Director shall consider fully all written and oral31submissions respecting the proposed rule. No rule may be32adopted unless substantial evidence in support of such rule33is presented at such hearing. Upon adoption of a rule the34Director, if requested to do so by an interested personHB2970 Engrossed -19- LRB9109420ACprA 1either prior to adoption or within 30 days thereafter, shall2issue a concise statement of the principal reasons for or3against its adoption, incorporating therein his reasons for4overruling the considerations urged against its adoption.5No rule is valid unless adopted in substantial compliance6with this Section.7The Director shall file in the office of the Secretary of8State a certified copy of each rule adopted by him. The9Secretary of State shall keep a permanent register of the10rules open to public inspection.11Each rule hereafter adopted is effective 30 days after12filing, except that, if a later date is specified in the13rule, the later date is the effective date. Any rule adopted14hereunder shall not be retroactive. Any operator shall have15the right to proceed with operations under this Act until16such rules are adopted and no such rules shall be made17applicable to any operations prior to the effective date18thereof.19 (Source: P.A. 78-1295.) 20 (225 ILCS 715/4.1 rep.) 21 (225 ILCS 715/15 rep.) 22 Section 10. The Surface-Mined Land Conservation and 23 Reclamation Act is amended by repealing Sections 4.1 and 15. 24 Section 99. Effective date. This Act takes effect upon 25 becoming law.