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| Public Act 099-0224
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| HB0123 Enrolled | LRB099 02763 MGM 22771 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 Fluorspar and Underground Limestone Mines |
Act is amended by changing Section 1 as follows:
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(225 ILCS 710/1) (from Ch. 96 1/2, par. 4201)
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Sec. 1. Application of Act; short title; definitions.
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(a) This Act shall apply to all mines in the State of |
Illinois producing
minerals within the meaning of that term, as |
hereinafter defined.
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(b) This Act may be cited as the Fluorspar and Underground |
Limestone Mines Act.
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(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.
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(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 |
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mining plant on the surface or
underground, that contribute |
directly or indirectly to the mining and
handling of minerals.
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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.
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(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.
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(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.
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(g) The term "superintendent" when used in this Act shall |
mean the
person having the immediate supervision of the mine.
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(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.
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(i) The term "inspector" when used in this Act shall |
signify the
official State Inspector.
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(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, |
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open-cuts, and all working
places, whether abandoned or in use.
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(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.
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(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.
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(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.
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(n) The term "underground" as used in this Act shall be |
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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.
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(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.
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(Source: P.A. 88-185.)
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Section 10. The Surface-Mined Land Conservation and |
Reclamation Act is amended by changing Section 8 as follows:
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(225 ILCS 715/8) (from Ch. 96 1/2, par. 4509)
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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
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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 |
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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
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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
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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
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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 |
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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.
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A bond filed as above prescribed shall not be cancelled by |
the surety
except after not less than 90 days' notice to the |
Department.
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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
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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.
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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 |
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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.
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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.
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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.
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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
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subsection (h) of Section 6 of Article VII of the Illinois |
Constitution of
1970.
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(Source: P.A. 91-938, eff. 1-11-01.)
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