Illinois Administrative Code
Title 62 - MINING
Part 1702 - EXEMPTION FOR COAL EXTRACTION INCIDENTAL TO THE EXTRACTION OF OTHER MINERALS
Section 1702.16 - Stockpiling of Minerals
Universal Citation: 62 IL Admin Code ยง 1702.16
Current through Register Vol. 48, No. 12, March 22, 2024
a) Coal. Coal extracted and stockpiled may be excluded from the calculation of cumulative production until the time of its sale, transfer to a related entity or use:
1) Up to an amount equaling a 12-month
supply of the coal required for future sale, transfer or use as calculated
based upon the average annual sales, transfer and use from the mining area over
the two preceding years; or
2) For
a mining area where coal has been extracted for a period of less than two
years, up to an amount that would represent a 12-month supply of the coal
required for future sales, transfer or use as calculated based on the average
amount of coal sold, transferred or used each month.
b) Other minerals.
1) The Department shall disallow all or part
of an operator's tonnages of stockpiled other minerals for purposes of meeting
the requirements of this Part if the operator fails to maintain adequate and
verifiable records of the mining area of origin or the disposition of
stockpiles, or if the disposition of the stockpiles indicates the lack of
commercial use or market for the minerals.
2) The Department may only allow an operator
to utilize tonnages of stockpiled other minerals for purposes of meeting the
requirements of this Part if:
A) The
stockpiling is necessary to meet market conditions or is consistent with
generally accepted industry practices; and
B) Except as provided in Section
1702.16(b)(3),
the stockpiled other minerals do not exceed the 12-month supply of the mineral
required for future sales as approved by the Department on the basis of the
exemption application.
3) The Department may allow an operator to
utilize tonnages of stockpiled other minerals beyond the 12-month limit
established in Section
1702.16(b)(2)
if the operator can demonstrate to the Department's satisfaction that the
additional tonnage is required to meet future business obligations of the
operator, such as may be demonstrated by a legally binding agreement for future
delivery of the minerals.
4) The
Department may periodically revise the other mineral stockpile tonnage limits
in accordance with the criteria established by Sections
1702.16(b)(2) and
(3) based on additional information available
to the Department.
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