Illinois Administrative Code
Title 62 - MINING
Part 300 - SURFACE MINED LAND CONSERVATION AND RECLAMATION ACT
Subpart B - USE OF EXPLOSIVES IN NON-COAL MINERAL EXTRACTION OPERATIONS
Section 300.247 - Office of Mines and Minerals Decision
Current through Register Vol. 48, No. 12, March 22, 2024
a) Upon receipt of a notice of violation or cessation order, the Director of the Office of Mines and Minerals, or his designee, shall conduct an investigation and either affirm, vacate or modify the notice of violation or cessation order.
b) Modification of the Notice of Violation or Cessation Order may include:
c) Inability to Comply
d) Civil Penalty Assessment Process
The Department shall assess a penalty for each notice of violation or cessation order. In determining the amount of civil penalties to assess, the Director of the Office of Mines and Minerals, or his designee, shall consider:
e) The Office of Mines and Minerals Decision, including the civil penalty assessment, shall be served on the operator within 60 days after the issuance of the notice of violation or cessation order. The Office of Mines and Minerals Decision shall provide that the operator has the right to request a hearing to contest the facts of the violation and/or the civil penalty assessed in accordance with Section 300.248(a). The Office of Mines and Minerals Decision affirming, vacating, terminating or modifying the notice of violation or cessation order shall be served by certified mail, return receipt requested, and shall be considered served upon mailing.
f) If the Office of Mines and Minerals Decision includes the assessment of a civil penalty, and the operator named in such decision does not request a hearing in accordance with Section 300.248(a) to contest the amount of the penalty, the amount assessed shall be paid to the Department in full within 30 days after service of the Office of Mines and Minerals Decision.
g) An Office of Mines and Minerals Decision not appealed in accordance with Section 300.248(a) within 30 days after service shall become a final administrative decision of the Department. The operator's failure to request a hearing in accordance with Section 300.248(a) shall constitute a waiver of all legal rights to contest the Office of Mines and Minerals Decision or the cessation order, including the amount of any civil penalty assessed. The filing of a request for hearing under Section 300.248(a) shall not operate as a stay of the Office of Mines and Minerals Decision.
h) All civil penalties assessed and paid to the Department shall be deposited in the Aggregate Operations Regulatory Fund.