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| 1 | | AN ACT concerning regulation.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Fluorspar and Underground Limestone Mines |
| 5 | | Act is amended by changing Section 1 as follows:
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| 6 | | (225 ILCS 710/1) (from Ch. 96 1/2, par. 4201)
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| 7 | | Sec. 1. Application of Act; short title; definitions.
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| 8 | | (a) This Act shall apply to all mines in the State of |
| 9 | | Illinois producing
minerals within the meaning of that term, as |
| 10 | | hereinafter defined.
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| 11 | | (b) This Act may be cited as the Fluorspar and Underground |
| 12 | | Limestone Mines Act.
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| 13 | | (c) For the purpose of this Act the singular numbers when |
| 14 | | in
reference to persons, acts, objects and things of whatsoever |
| 15 | | kind and
description shall, whenever the context will permit, |
| 16 | | be taken and held
to import and include the plural number and |
| 17 | | the plural number shall
similarly be taken and held to import |
| 18 | | and include the singular, and terms
that impart the masculine |
| 19 | | gender shall be taken to impart and include the
feminine gender |
| 20 | | as well.
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| 21 | | (d) The term "mine," when used in the Act, shall include |
| 22 | | prospects,
openings and open-cuts and workings, and shall |
| 23 | | embrace any and all parts
of the property of such "mine" and |
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| 1 | | mining plant on the surface or
underground, that contribute |
| 2 | | directly or indirectly to the mining and
handling of minerals.
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| 3 | | Provided, that when a group of workings in proximity to one |
| 4 | | another
and under one management are administered as distinct |
| 5 | | units each working
shall be considered a separate mine.
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| 6 | | (e) The term "mineral" when used in this Act shall mean |
| 7 | | whatever is
recognized by the standard authorities as mineral, |
| 8 | | whether metalliferous
or non-metalliferous, but shall not be |
| 9 | | held to embrace or include
silica, granite, marble, salt, sand, |
| 10 | | gravel, clay, rock, coal, lignite,
gas, oil or any substance |
| 11 | | extracted in solution or in the molten state
through bore |
| 12 | | holes.
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| 13 | | (f) The term "operator" when used in this Act shall mean |
| 14 | | the person,
firm, or body corporate, in immediate possession of |
| 15 | | any mine and its
accessories as owner or lessee thereof, and as |
| 16 | | such responsible for the
condition and management thereof.
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| 17 | | (g) The term "superintendent" when used in this Act shall |
| 18 | | mean the
person having the immediate supervision of the mine.
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| 19 | | (h) The term "mine foreman" when used in this Act shall |
| 20 | | mean the
person who at any one time is charged with the general |
| 21 | | direction of the
underground work.
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| 22 | | (i) The term "inspector" when used in this Act shall |
| 23 | | signify the
official State Inspector.
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| 24 | | (j) The words "excavation" and "workings" when used in this |
| 25 | | Act
shall signify any and all parts of a mine excavated or |
| 26 | | being excavated,
including shafts, raises, tunnels, adits, |
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| 1 | | open-cuts, and all working
places, whether abandoned or in use.
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| 2 | | (k) Whenever the expression "number of men" or "average |
| 3 | | number of
men" employed in a mine are used in this Act as |
| 4 | | defining or constituting
classes of mines to which this Act or |
| 5 | | any specific section, clauses,
provision or rule thereof, does |
| 6 | | or does not apply, such expressions
shall be construed to mean |
| 7 | | the average number of individuals employed
during the previous |
| 8 | | year as shown by the returns to the mine inspector
or by the |
| 9 | | books or pay roll of the mine, or by all of such means and
such |
| 10 | | average number shall be determined by dividing the total number |
| 11 | | of
man shifts by the number of days the mine worked during such |
| 12 | | period.
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| 13 | | (l) The term "explosive" or "explosives" as used in this |
| 14 | | Act shall
be held to mean and to include any chemical or any |
| 15 | | mechanical mixture
that contains any oxidizing and combustible |
| 16 | | units or other ingredients
in such proportions, quantities, or |
| 17 | | packing that an ignition by fire, by
friction, by concussion, |
| 18 | | by percussion or by detonation of any part of
the compound or |
| 19 | | mixture may cause such a sudden generation of highly
heated |
| 20 | | gases that the resultant gaseous pressures are capable of |
| 21 | | producing
destructive effect on contiguous objects or of |
| 22 | | destroying life or limb.
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| 23 | | (m) The term "person" when used in this Act shall be held |
| 24 | | to mean
and include a firm or body corporate as well as natural |
| 25 | | persons.
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| 26 | | (n) The term "underground" as used in this Act shall be |
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| 1 | | held to mean "within
the limits of" any mine working or |
| 2 | | excavation and shall not exclude such
workings or excavations |
| 3 | | as may not be covered over by rock or earth.
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| 4 | | (o) The term "employees" and "men employed" shall be held |
| 5 | | to mean
all individuals receiving compensation from the |
| 6 | | operator, directly or
indirectly, for labor or services |
| 7 | | performed in connection with the mine
and shall include |
| 8 | | contractors, lessors, lessees, tributers, or any one
similarly |
| 9 | | employed.
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| 10 | | (Source: P.A. 88-185.)
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| 11 | | Section 10. The Surface-Mined Land Conservation and |
| 12 | | Reclamation Act is amended by changing Section 8 as follows:
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| 13 | | (225 ILCS 715/8) (from Ch. 96 1/2, par. 4509)
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| 14 | | Sec. 8.
Bond of operator; amount; sufficiency of surety; |
| 15 | | violations;
compliance. Any bond herein provided to be filed |
| 16 | | with the Department by the
operator shall be in such form as |
| 17 | | the Director prescribes, payable to the
People of the State of |
| 18 | | Illinois, conditioned that the operator shall
faithfully |
| 19 | | perform all requirements of this Act and comply with all rules
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| 20 | | of the Department made in accordance with the provisions of |
| 21 | | this Act. Such
bond shall be signed by the operator as |
| 22 | | principal, and by a good and
sufficient corporate surety, |
| 23 | | licensed to do business in Illinois, as
surety. The penalty of |
| 24 | | such bond shall be an amount between $600 and $10,000
$5,000 |
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| 1 | | per acre as determined by the Director for lands to be affected |
| 2 | | by
surface mining, including slurry and gob disposal areas. |
| 3 | | Under circumstances where a written agreement between the |
| 4 | | operator and a third party require overburden to be removed, |
| 5 | | replaced, graded, and seeded in a manner that the necessary |
| 6 | | bond penalty exceeds $10,000 per acre, the Department shall |
| 7 | | require a bond amount sufficient to ensure the completion of |
| 8 | | the reclamation plan specified in the approved permit in the |
| 9 | | event of forfeiture. In no case shall the bond for the entire |
| 10 | | area under one permit be less than $600 per acre or $3,000, |
| 11 | | whichever is greater. Areas used for
the disposal of slurry and |
| 12 | | gob shall continue under bond so long as they
are in active |
| 13 | | use. In lieu of such bonds, the operator may deposit any
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| 14 | | combination of cash, certificates of deposits, government |
| 15 | | securities, or
irrevocable letters of credit
with the |
| 16 | | Department in an amount equal to that of the required surety
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| 17 | | bond on conditions as prescribed in this Section. The penalty |
| 18 | | of the bond or amount of other security
shall be increased or |
| 19 | | reduced from time to time as provided in this Act.
Such bond or |
| 20 | | security shall remain in effect until the affected lands have
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| 21 | | been reclaimed, approved and released by the Department except |
| 22 | | that when
the Department determines that grading and covering |
| 23 | | with materials capable
of supporting vegetation in accordance |
| 24 | | with the plan has been
satisfactorily completed, the Department |
| 25 | | shall release the bond or security
except the amount of $100 |
| 26 | | per acre which shall be retained by the
Department until the |
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| 1 | | reclamation according to Section 6 of this Act has
been |
| 2 | | completed. Where an anticipated water impoundment has been |
| 3 | | approved by
the Department in the reclamation plan, and the |
| 4 | | Department determines the
impoundment will be satisfactorily |
| 5 | | completed upon completion of the
operation, the bond covering |
| 6 | | such anticipated water impoundment area shall
be released.
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| 7 | | A bond filed as above prescribed shall not be cancelled by |
| 8 | | the surety
except after not less than 90 days' notice to the |
| 9 | | Department.
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| 10 | | If the license to do business in Illinois of any surety |
| 11 | | upon a bond
filed with the Department pursuant to this Act |
| 12 | | shall be suspended or
revoked, the operator, within 30 days |
| 13 | | after receiving notice thereof from
the Department, shall |
| 14 | | substitute for such surety a good and sufficient
corporate |
| 15 | | surety licensed to do business in Illinois. Upon failure of the
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| 16 | | operator to make substitution of surety as herein provided, the |
| 17 | | Department
shall have the right to suspend the permit of the |
| 18 | | operator until such
substitution has been made.
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| 19 | | The Department shall give written notice to the operator of |
| 20 | | any
violation of this Act or non-compliance with any of the |
| 21 | | rules and
regulations promulgated by the Department hereunder |
| 22 | | and if corrective
measures, approved by the Department, are not |
| 23 | | commenced within 45 days, the
Department may proceed as |
| 24 | | provided in Section 11 of this Act to request
forfeiture of the |
| 25 | | bond or security. The forfeiture shall be the amount of
bond or |
| 26 | | security in effect at the time of default for each acre or |
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| 1 | | portion
thereof with respect to which the operator has |
| 2 | | defaulted. Such forfeiture
shall fully satisfy all obligations |
| 3 | | of the operator to reclaim the affected
land under the |
| 4 | | provisions of this Act.
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| 5 | | The Department shall have the power to reclaim, in keeping |
| 6 | | with the
provisions of this Act, any affected land with respect |
| 7 | | to which a bond has
been forfeited.
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| 8 | | Whenever an operator shall have completed all requirements |
| 9 | | under the
provisions of this Act as to any affected land, he |
| 10 | | shall notify the
Department thereof. If the Department |
| 11 | | determines that the operator has
completed reclamation |
| 12 | | requirements and refuse disposal requirements and has
achieved |
| 13 | | results appropriate to the use for which the area was |
| 14 | | reclaimed,
the Department shall release the operator from |
| 15 | | further obligations
regarding such affected land and the |
| 16 | | penalty of the bond shall be reduced
proportionately.
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| 17 | | Bonding aggregate mining operations under permit by the |
| 18 | | State is an
exclusive power and function of the State. A home |
| 19 | | rule unit may not require
bonding of aggregate mining |
| 20 | | operations under permit by the State. This
provision is a |
| 21 | | denial and limitation of home rule powers and functions under
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| 22 | | subsection (h) of Section 6 of Article VII of the Illinois |
| 23 | | Constitution of
1970.
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| 24 | | (Source: P.A. 91-938, eff. 1-11-01.)
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