Current through Register Vol. 48, No. 12, March 22, 2024
a)
Department responsibility. The Department shall conduct an annual compliance
review of the mining area, utilizing the annual report submitted pursuant to
Section
1702.18,
an on-site inspection and any other information available to the
Department.
b) If the Department
has reason to believe that a specific mining area was not exempt under the
provisions of this Part at the end of the previous reporting period, is not
exempt, or will be unable to satisfy the exemption criteria at the end of the
current reporting period, the Department shall notify the operator that the
exemption may be revoked unless the operator demonstrates to the Department
within thirty (30) days that the mining area in question should continue to be
exempt.
c) Exemption revocation.
1) If the Department finds that an operator
has not demonstrated that activities conducted in the mining area qualify for
the exemption, the Department shall revoke the exemption and immediately notify
the operator and any person having an interest which is or may be adversely
affected by the revocation and any person who submitted written comments or
objections to the exemption application pursuant to Section
1702.11(d).
If a decision is made not to revoke an exemption, the Department shall
immediately notify the operator and any person having an interest which is or
may be adversely affected by the decision and any person who submitted written
comments or objections to the exemption application pursuant to Section
1702.11(d).
2) Any person having an interest which is or
may be adversely affected may request administrative hearing of a decision
whether to revoke an exemption within thirty (30) days of the notification of
such decision in accordance with procedures established under 62 Ill. Adm. Code
1847.3.
3) A petition for administrative hearing
filed under 62 Ill. Adm. Code
1847.3
shall not suspend the effect of a decision whether to revoke an
exemption.
d) Direct
enforcement.
1) An operator mining in
accordance with the terms of an approved exemption shall not be cited for
violations of the regulatory program which occurred prior to the revocation of
the exemption.
2) An operator who
does not conduct activities in accordance with the terms of an approved
exemption shall be subject to direct enforcement action for violations of the
regulatory program which occur during the period of such activities.
3) Upon revocation of an exemption or denial
of an exemption application, an operator shall stop conducting surface coal
mining operations until a permit is obtained and shall comply with the
reclamation standards of 62 Ill. Adm. Code 1800 through 1850 with regard to
conditions, areas and activities existing at the time of revocation or
denial.