Illinois Administrative Code
Title 62 - MINING
Part 1785 - REQUIREMENTS FOR PERMITS FOR SPECIAL CATEGORIES OF MINING
Section 1785.16 - Permits Incorporating Variances From Approximate Original Contour Restoration Requirements
Current through Register Vol. 48, No. 12, March 22, 2024
a) The Department may issue a permit for nonmountaintop removal steep slope mining which includes a variance from the requirements of 62 Ill. Adm. Code 1816.102, 1816.104, 1816.105, and 1816.107 or 1817.102 and 1817.107 to restore the disturbed areas to their approximate original contour. The permit may contain such a variance only if the Department finds, in writing, that the applicant has demonstrated, on the basis of a complete application, that the following requirements are met:
b) If a variance is granted under this section:
c) A permit incorporating a variance under this section shall be reviewed by the Department at least every thirty (30) months following the issuance of the permit to evaluate the progress and development of the surface coal mining and reclamation operations to establish that the operator is proceeding in accordance with the terms of the variance.
d) If the permittee demonstrates to the Department that the operations have been, and continue to be, conducted in compliance with the terms and conditions of the permit, the requirements of the Federal Act, 62 Ill. Adm. Code 1700-1850, and the regulatory program, the review specified in subsection (c) need not be held.
e) The terms and conditions of a permit incorporating a variance under this Section may be modified at any time by the Department, if it determines that more stringent measures are necessary to ensure that the operations involved are conducted in compliance with the requirements of the Federal Act, and the regulatory program.