99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 SB0096

Introduced 1/28/2015, by Sen. William R. Haine

SYNOPSIS AS INTRODUCED:

`225 ILCS 710/Act rep.`
`225 ILCS 715/8`	`from Ch. 96 1/2, par. 4509`

Repeals the Fluorspar and Underground Limestone Mines Act. Amends the Surface-Mined Land Conservation and Reclamation Act. Changes certain provisions concerning the amount of any bond that is required to be filed with the Department of Natural Resources by an operator. Provides that the

penalty of such bonds shall be an amount between $600 and $10,000
(was

between $600 and $5,000) per acre as determined by the Director of Natural

Resources for lands to be affected by
surface mining, including slurry and

gob disposal areas. Provides that, under circumstances where a written agreement between the operator and a third party require overburden to be removed, replaced, graded, and seeded in a manner that the necessary bond penalty exceeds $10,000 per acre, the Department shall require a bond amount sufficient to ensure the completion of the reclamation plan specified in the approved permit in the event of forfeiture. Provides that in no case shall the bond for the entire area under one permit be less than $600 per acre or $3,000, whichever is greater.

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A BILL FOR

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1 AN ACT concerning regulation.

2 Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4 (225 ILCS 710/Act rep.)

5 Section 5. The Fluorspar and Underground Limestone Mines

6 Act is repealed.

7 Section 10. The Surface-Mined Land Conservation and

8 Reclamation Act is amended by changing Section 8 as follows:

9 (225 ILCS 715/8) (from Ch. 96 1/2, par. 4509)

10 Sec. 8. Bond of operator; amount; sufficiency of surety;

11 violations; compliance. Any bond herein provided to be filed

12 with the Department by the operator shall be in such form as

13 the Director prescribes, payable to the People of the State of

14 Illinois, conditioned that the operator shall faithfully

15 perform all requirements of this Act and comply with all rules

16 of the Department made in accordance with the provisions of

17 this Act. Such bond shall be signed by the operator as

18 principal, and by a good and sufficient corporate surety,

19 licensed to do business in Illinois, as surety. The penalty of

20 such bond shall be an amount between $600 and $10,000~~$5,000~~

21 per acre as determined by the Director for lands to be affected

22 by surface mining, including slurry and gob disposal areas.

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1 Under circumstances where a written agreement between the

2 operator and a third party require overburden to be removed,

3 replaced, graded, and seeded in a manner that the necessary

4 bond penalty exceeds $10,000 per acre, the Department shall

5 require a bond amount sufficient to ensure the completion of

6 the reclamation plan specified in the approved permit in the

7 event of forfeiture. In no case shall the bond for the entire

8 area under one permit be less than $600 per acre or $3,000,

9 whichever is greater.Areas used for the disposal of slurry and

10 gob shall continue under bond so long as they are in active

11 use. In lieu of such bonds, the operator may deposit any

12 combination of cash, certificates of deposits, government

13 securities, or irrevocable letters of credit with the

14 Department in an amount equal to that of the required surety

15 bond on conditions as prescribed in this Section. The penalty

16 of the bond or amount of other security shall be increased or

17 reduced from time to time as provided in this Act. Such bond or

18 security shall remain in effect until the affected lands have

19 been reclaimed, approved and released by the Department except

20 that when the Department determines that grading and covering

21 with materials capable of supporting vegetation in accordance

22 with the plan has been satisfactorily completed, the Department

23 shall release the bond or security except the amount of $100

24 per acre which shall be retained by the Department until the

25 reclamation according to Section 6 of this Act has been

26 completed. Where an anticipated water impoundment has been

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1 approved by the Department in the reclamation plan, and the

2 Department determines the impoundment will be satisfactorily

3 completed upon completion of the operation, the bond covering

4 such anticipated water impoundment area shall be released.

5 A bond filed as above prescribed shall not be cancelled by

6 the surety except after not less than 90 days' notice to the

7 Department.

8 If the license to do business in Illinois of any surety

9 upon a bond filed with the Department pursuant to this Act

10 shall be suspended or revoked, the operator, within 30 days

11 after receiving notice thereof from the Department, shall

12 substitute for such surety a good and sufficient corporate

13 surety licensed to do business in Illinois. Upon failure of the

14 operator to make substitution of surety as herein provided, the

15 Department shall have the right to suspend the permit of the

16 operator until such substitution has been made.

17 The Department shall give written notice to the operator of

18 any violation of this Act or non-compliance with any of the

19 rules and regulations promulgated by the Department hereunder

20 and if corrective measures, approved by the Department, are not

21 commenced within 45 days, the Department may proceed as

22 provided in Section 11 of this Act to request forfeiture of the

23 bond or security. The forfeiture shall be the amount of bond or

24 security in effect at the time of default for each acre or

25 portion thereof with respect to which the operator has

26 defaulted. Such forfeiture shall fully satisfy all obligations

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1 of the operator to reclaim the affected land under the

2 provisions of this Act.

3 The Department shall have the power to reclaim, in keeping

4 with the provisions of this Act, any affected land with respect

5 to which a bond has been forfeited.

6 Whenever an operator shall have completed all requirements

7 under the provisions of this Act as to any affected land, he

8 shall notify the Department thereof. If the Department

9 determines that the operator has completed reclamation

10 requirements and refuse disposal requirements and has achieved

11 results appropriate to the use for which the area was

12 reclaimed, the Department shall release the operator from

13 further obligations regarding such affected land and the

14 penalty of the bond shall be reduced proportionately.

15 Bonding aggregate mining operations under permit by the

16 State is an exclusive power and function of the State. A home

17 rule unit may not require bonding of aggregate mining

18 operations under permit by the State. This provision is a

19 denial and limitation of home rule powers and functions under

20 subsection (h) of Section 6 of Article VII of the Illinois

21 Constitution of 1970.

22 (Source: P.A. 91-938, eff. 1-11-01.)