Illinois Administrative Code
Title 62 - MINING
Part 1702 - EXEMPTION FOR COAL EXTRACTION INCIDENTAL TO THE EXTRACTION OF OTHER MINERALS
Section 1702.15 - Conditions of Exemption and Right of Inspection and Entry
Universal Citation: 62 IL Admin Code ยง 1702.15
Current through Register Vol. 48, No. 12, March 22, 2024
a) A person conducting activities covered by this Part shall:
1) Maintain on-site or at
other locations available to authorized representatives of the Department or
the Secretary of the Interior (Secretary) information necessary to verify the
exemption including, but not limited to, commercial use and sales information,
extraction tonnages, and a copy of the exemption application and exemption
approved by the Department;
2)
Notify the Department upon the completion of the mining operation or permanent
cessation of all coal extraction activities; and
3) Conduct operations in accordance with the
approved application or when authorized to extract coal under Section
1702.11(b)
or Section
1702.11(e)(3)
prior to submittal or approval of an
exemption application, in accordance with the standards of this Part.
b) Authorized representatives of the Department or the Secretary shall have the right to conduct inspections of operations claiming exemption under this Part.
c) Each authorized representative of the Department or the Secretary conducting an inspection under this Part:
1) Shall have a right of entry to, upon, and
through any mining and reclamation operations without advance notice or a
search warrant, upon presentation of appropriate credentials;
2) May, at reasonable times and without
delay, have access to and copy any records relevant to the exemption;
and
3) Shall have a right to gather
physical and photographic evidence to document conditions, practices or
violations at a site.
d) No search warrant shall be required with respect to any activity under Section 1702.15(b) and (c), unless otherwise required by the Criminal Code of 1961. (Ill. Rev. Stat. 1989, ch. 38, pars. 108-1 et seq.)
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