Bill Text: IL HB4434 | 2013-2014 | 98th General Assembly | Introduced

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Bill Title: Amends the Surface-Mined Land Conservation and Reclamation Act. Changes certain provisions concerning the amount of any bond that is required to be filed with the Department of Natural Resources by an operator. Provides that the penalty of such bond shall be determined by the Director for lands to be affected by surface mining, including slurry and gob disposal areas (rather than the penalty of such bond shall be an amount between $600 and $5,000 per acre as determined by the Director for lands to be affected by surface mining, including slurry and gob disposal areas). Further provides that bond amounts shall be sufficient to ensure the completion of the reclamation plan specified in the approved permit if the work has to be performed by the Department in the event of forfeiture and that the Department shall prescribe standards for the determination of the amount of bonds. Establishes certain criteria which the Department shall consider in establishing such standards. Provides that 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.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Failed) 2014-12-03 - Session Sine Die [HB4434 Detail]

Download: Illinois-2013-HB4434-Introduced.html

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98TH GENERAL ASSEMBLY State of Illinois 2013 and 2014 HB4434 Introduced , by Rep. Lawrence M. Walsh, Jr. SYNOPSIS AS INTRODUCED:
225 ILCS 715/8 from Ch. 96 1/2, par. 4509
Amends the Surface-Mined Land Conservation and Reclamation Act. Changes certain provisions concerning the amount of any bond that is required to be filed with the Department of Natural Resources by an operator. Provides that the penalty of such bond shall be determined by the Director for lands to be affected by surface mining, including slurry and gob disposal areas (rather than the penalty of such bond shall be an amount between $600 and $5,000 per acre as determined by the Director for lands to be affected by surface mining, including slurry and gob disposal areas). Further provides that bond amounts shall be sufficient to ensure the completion of the reclamation plan specified in the approved permit if the work has to be performed by the Department in the event of forfeiture and that the Department shall prescribe standards for the determination of the amount of bonds. Establishes certain criteria which the Department shall consider in establishing such standards. Provides that 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.
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FISCAL NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. 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 $5,000 per acre
as determined by the Director for lands to be affected by
surface mining, including slurry and gob disposal areas. Bond
amounts shall be sufficient to ensure the completion of the
reclamation plan specified in the approved permit if the work
has to be performed by the Department in the event of
forfeiture. The Department shall by rule prescribe standards

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for determination of the amount of bonds. Such standards shall
include the probable difficulty of reclamation, topography,
geology, hydrology, revegetation potential, and other
standards related to the purposes of this Act. 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

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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.

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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.
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.)