225 ILCS 715/1
Short title
Short title. This Act may be cited as the Surface-Mined Land Conservation and Reclamation Act. (Source: P.A. 86-1475.)
Illinois Compiled Statutes 225 ILCS 715 — Surface-Mined Land Conservation and Reclamation Act.
Illinois · statute · 225 ILCS 715 · 18 active provisions
225 ILCS 715/2
Statement of policy
Statement of policy. It is declared to be the policy of this State to provide for conservation and reclamation of lands affected by surface mining in order to restore them to optimum future productive use and to provide for their return to productive use including but not limited to: the planting of forests; the seedin…
225 ILCS 715/3
Definitions
Definitions. Wherever used or referred to in this Act, unless a different meaning clearly appears from the context: (a) "Reclamation" means conditioning areas affected by surface mining to achieve the purposes of this Act. (b) "Overburden" means all of the earth and other materials which lie above natural deposits of c…
225 ILCS 715/4
Necessity of permit
Necessity of permit. It shall be unlawful for any operator to engage in surface mining in an area where the overburden shall exceed 10 feet in depth or where the operation will affect more than 10 acres during the permit year without first obtaining from the Department a permit so to do, in such form as is hereinafter…
225 ILCS 715/5
Application for permit; bond; fee; permit
Application for permit; bond; fee; permit. (a) Application for a permit shall be made upon a form furnished by the Department, which form shall contain a description of the tract or tracts of land and the estimated number of acres thereof to be affected by surface mining by the applicant to the tenth succeeding June 30…
225 ILCS 715/6
Duties of operator
Duties of operator. Every operator to whom a permit is issued pursuant to the provisions of this Act may engage in surface mining upon the lands described in the permit upon the performance of and subject to the following requirements with respect to such lands: (a) All land affected by surface mining except as otherwi…
225 ILCS 715/6.5
Blasting operations; regulation
Blasting operations; regulation. (a) Blasting operations at permitted and unpermitted sites operated by the aggregate mining industry shall be conducted only in accordance with existing State and federal law and rules promulgated by the Department with the advice of the aggregate mining industry. These rules shall incl…
225 ILCS 715/7
Entry upon lands for inspection
Entry upon lands for inspection. The Department, or its accredited representatives, may enter upon the lands of the operator at all reasonable times for the purpose of inspection, to determine whether the provisions of this Act have been complied with. (Source: P.A. 77-1568.)
225 ILCS 715/8
Bond of operator; amount; sufficiency of surety; violations; compliance
Bond of operator; amount; sufficiency of surety; violations; compliance. Any bond herein provided to be filed with the Department by the operator shall be in such form as the Director prescribes, payable to the People of the State of Illinois, conditioned that the operator shall faithfully perform all requirements of t…
225 ILCS 715/9
Fees and forfeitures; deposit
Fees and forfeitures; deposit. All fees and penalties collected under the provisions of this Act shall be deposited into the Aggregate Operations Regulatory Fund. All forfeitures collected under the provisions of this Act shall be deposited in the reclamation fund to be used for the purposes for which the penal bond wa…
225 ILCS 715/10
Administration
Administration. (a) In addition to the duties and powers of the Department prescribed by the Civil Administrative Code of Illinois, it shall have full power and authority to carry out and administer the provisions of this Act. These powers shall include, but are not limited to, the imposition of the following fees to e…
225 ILCS 715/11
Bond forfeiture proceedings-Pre-requisites
Bond forfeiture proceedings-Pre-requisites. The Attorney General, upon request of the Department, shall institute proceedings to have the bond of the operator forfeited for violation by the operator of any of the provisions of this Act or for non-compliance with any lawful rule or regulation promulgated by the Departme…
225 ILCS 715/12
Rules
Rules. (a) The Department may adopt and promulgate reasonable rules respecting the administration of this Act, and in conformity therewith. (b) Rules adopted by the Department shall not apply retroactively. Any operator shall have the right to proceed with operations under this Act until such rules are adopted and no s…
225 ILCS 715/13
Penalties- Injunction
Penalties- Injunction. Any person required by this Act to have a permit who engages in surface mining without previously securing a permit to do so as prescribed by this Act, is guilty of a business offense and shall be fined not less than $50 nor more than $1,000. Each day of operation without the permit required by t…
225 ILCS 715/13a
Review by court
Review by court. All final administrative decisions of the Department hereunder shall be subject to judicial review pursuant to the provisions of the Administrative Review Law, and all amendments and modifications thereof, and the rules adopted pursuant thereto. The term "administrative decision" is defined as in Secti…
225 ILCS 715/14
Transition provision
Transition provision. All permits, bonds, plans, duties and requirements pursuant to "The Open Cut Land Reclamation Act", approved August 10, 1961, as amended, and "The Surface-Mined Land Reclamation Act", approved April 6, 1967, as amended, shall remain in full force and effect with respect to mining commenced prior t…
225 ILCS 715/16
Severability clause
Severability clause. If any Section, subdivision, clause, sentence or paragraph in this Act shall be held to be unconstitutional, the unconstitutionality thereof shall not affect the remaining parts of this Act. (Source: P.A. 77-1568.)
225 ILCS 715/17
a
a. The Director and the Land Reclamation Division within the Department of Natural Resources shall have the power and duty to act as the regulatory authority for the State of Illinois, under the Surface Mining Control and Reclamation Act of 1977, P.L. 95-87, (hereinafter sometimes referred to as the "Federal Law") Sect…