Current through Register Vol. 48, No. 12, March 22, 2024
a)
This Section applies to any person who conducts or intends to conduct surface
mining activities by mountaintop removal mining.
b) Mountaintop removal mining means surface
mining activities, where the mining operation removes an entire coal seam or
seams running through the upper fraction of a mountain, ridge, or hill, except
as provided for in 62 Ill. Adm. Code
1824.11(f),
by removing substantially all of the overburden off the bench and creating a
level plateau or a gently rolling contour, with no highwalls remaining, and
capable of supporting post-mining land uses in accordance with the requirements
of this Section.
c) The Department
may issue a permit for mountaintop removal mining, without regard to the
requirements of 62 Ill. Adm. Code
1816.102,
1816.104,
1816.105
and
1816.107
to restore the lands disturbed by such mining to their approximate original
contour, if it first finds, in writing, on the basis of a complete application,
that the following requirements are met:
1)
The proposed post-mining land use of the lands to be affected will be an
industrial, commercial, agricultural, residential, or public facility
(including recreational facilities) use and, if:
A) After consultation with the appropriate
land use planning agencies, if any, the proposed land use is deemed by the
Department to constitute an equal or better economic or public use of the
affected land compared with the premining use;
B) The applicant demonstrates compliance with
the requirements for acceptable alternative post-mining land capability of 62
Ill. Adm. Code
1816.133;
C) The proposed use would be compatible with
adjacent land uses and existing State and local land use plans and programs;
and
D) The Department has provided,
in writing, an opportunity of not more than sixty (60) days to review and
comment on such proposed use to the governing body of general purpose
government in whose jurisdiction the land is located and any State or Federal
agency which the Department determines to have an interest in the proposed
use.
2) The applicant
has demonstrated that, in place of restoration of the land to be affected to
the approximate original contour under 62 Ill. Adm. Code 1816.102, 1816.104,
1816.105, and 1816.107, the operation will be conducted in compliance with the
requirements of 62 Ill. Adm. Code 1824;
3) The requirements of 62 Ill. Adm. Code 1824
are made a specific condition of the permit;
4) All other requirements of the Federal Act,
this Chapter, and the regulatory program are met by the proposed operations;
and
5) The permit is clearly
identified as being for mountaintop removal mining.
d)
1) Any
permits incorporating a variance issued under this Section shall be reviewed by
the Department to evaluate the progress and development of mining activities to
establish that the operator is proceeding in accordance with the terms of the
variance:
A) Within the sixth (6th) month
preceding the third (3rd) year from the date of its issuance;
B) Before each permit renewal; and
C) Not later than the middle of each permit
term.
2) Any review
required under subsection (d)(1) need not be held if the permittee has
demonstrated and the Department finds, in writing, within three (3) months
before the scheduled review, that all operations under the permit are
proceeding and will continue to be conducted in accordance with the terms of
the permit and requirements of the Federal Act, this Chapter, and the
regulatory program.
3) The terms
and conditions of a permit for mountaintop removal mining may be modified at
any time by the Department, if it determines that more stringent measures are
necessary insure that the operation involved is conducted in compliance with
the requirements of the Federal Act, this Chapter, and the regulatory
program.