Current through Register Vol. 48, No. 12, March 22, 2024
a) Who Must Apply
For a Permit
1) A surface mining permit shall
be required where:
A) Overburden exceeds 10
feet in depth, or
B) Where the
surface mining and overburden area will affect more than 10 acres during the
period of one year which shall be measured from July 1 to June 30 of the
following year.
2) Gob
refuse disposal areas and slurry ponds created or laterally extended in
conjunction with surface mining operations for which a permit is necessary as
described in (a)(1) above shall be required to have Gob Refuse Disposal Permits
or Slurry Pond Refuse Disposal Permits issued by the Department.
b) How to Calculate Affected
Acreage
1) In order to calculate affected
acreage for permit purposes under the Act and this Part, land shall be counted
as being affected only one time during the life of a bond, and said land shall
be affected during the permit period it is initially mined or converted to
refuse disposal use.
2) "Affected
land," following reclamation and release of bond, shall be considered to revert
back to its original character as unmined land and should an application be
made to reopen or remine the same land or a portion thereof, the same land
shall be governed by the provisions of the Act as if such land never before had
been mined or affected.
c) Types of Permits
1) The following types of permits shall be
issued by the Department:
A) Surface Mining
Permit
B) Gob Refuse Disposal
Permit
C) Slurry Pond Refuse
Disposal Permit
2) No
operator who holds a permit to engage in surface mining by this Department may
create or extend gob piles or slurry ponds for refuse disposal without a permit
for such gob refuse or slurry pond refuse issued by the Department upon
conditions consistent with the Act and this Part.
d) Where and How to Apply For a Permit
1) Applications, notices, and other
communications under the Act and this Part shall be:
A) delivered to an authorized representative
of the Surface Mined Land Reclamation Division of the Department, or
B) addressed to:
Illinois Department of Natural Resources
Office of Mines and Minerals
One Natural Resources Way
Springfield, Illinois 62702-1271
2) For purposes of the Act and of this Part,
applications, notices, and other communications shall be deemed to have reached
the Department on that day when it is actually received by the Department or an
authorized representative of the Department.
3) All forms submitted to the Department
shall be executed by the operator, or his authorized representative.
4) A separate permit shall be required for
each geographically distinct mining site.
5) A separate application shall be submitted
for each type permit.
6)
Applications for permits shall be submitted on official forms provided by the
Department.
e) Validity
Period of a Permit; Mandatory Action by the Department; Alterations and
Corrections to Applications; Penalties for Failure to Comply
1) Validity Period of a Permit
A) A surface mining permit shall be effective
from the date of its issuance until the tenth succeeding June 30, or until the
termination date on the permit if said date will occur prior to the tenth
succeeding June 30.
B) A gob refuse
disposal permit shall be valid from the date of issuance for the active life of
the disposal area.
C) A slurry pond
refuse disposal permit shall be valid from the date of issuance for the active
life of the disposal area.
2) Mandatory Action by the Department; Notice
of Later Decision
A) The Department shall take
final action on an application and plan within 120 days after the date of the
filing of an application for a permit under Section
300.60(a)
of this Part. If no action on an application is taken by the Department within
this time period, the permit applied for is deemed to be granted and the
reclamation plan submitted with that application is deemed to be approved. But,
if the Department gives written notice to the applicant that it will taken
action later than 120 days after the date of the filing of an application for a
permit, then the permit applied for is not deemed to be granted and the
reclamation plan is not deemed to be approved when the 120 day period
elapses.
B) In the event the
Department gives written notice of a later decision (other than for a
correction or alteration to an application as provided for in Section
300.20(e)(4)
) the Department shall establish a reasonable time for the final
action.
3) Applications
for Refuse Disposal Permits
Applications for Refuse Disposal Permits are subject to the
same requirements of the Act and this Part as are applicable to the
applications for Surface Mining Permits, except as may otherwise be
specifically provided by the Act or this Part.
4) Alterations or Corrections to Applications
for Permits
The Department may from time to time require an applicant to
alter or correct his application. Such requirement shall be in writing to the
applicant and such written communication to the applicant shall be considered
to be notice of a later decision under subparagraph (e)(2)(A) of this Section.
A copy of such written requirement shall be sent by first class mail to the
County Clerk at the county seat of each county containing lands to be affected
under the permit applied for, with directions that such copy be forwarded to
the residence of the presiding officer of the county board or commissioner.
After such alteration or correction is made by the applicant, is received by
the Department, and is deemed satisfactory to the Department, the 120 day
period begins again, less the number of days between the date of filing of the
application for a permit and the date of notice given by the Department.
5) Penalties for Failure to Comply
Anyone who engages in surface mining or any of its related
activities without a permit as required by the Act and this Part is subject to
the penalties set forth in the Act and in this Part.