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| |  |  | SB1839 Engrossed |  | LRB100 06226 SMS 16261 b | 
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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 Coal Mining Act is amended by changing  | 
| 5 |  | Sections 11.08 and 11.09 as follows: | 
| 6 |  |  (225 ILCS 705/11.08)
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| 7 |  |  Sec. 11.08. Self-contained self-rescuer (SCSR) devices;  | 
| 8 |  | caches; strobe lights; luminescent signs.
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| 9 |  |  (a) An operator must require each person underground to  | 
| 10 |  | carry a SCSR device on his or her person or, alternatively, a  | 
| 11 |  | SCSR device must be kept within 25 feet of the person  | 
| 12 |  | underground or may be kept more than 25 feet from the person  | 
| 13 |  | underground if done according to a plan approved by the Mining  | 
| 14 |  | Board. | 
| 15 |  |  (b) An operator must provide for each person who is  | 
| 16 |  | underground at least one SCSR device, in addition to the device  | 
| 17 |  | required under subsection (a), that provides protection for a  | 
| 18 |  | period of one hour or longer, to cover all persons in the mine.  | 
| 19 |  | This additional SCSR device must be kept within 25 feet of the  | 
| 20 |  | person underground or may be kept more than 25 feet from the  | 
| 21 |  | person underground if done according to a plan approved by the  | 
| 22 |  | Mining Board. | 
| 23 |  |  (c) If a mantrip or mobile equipment is used to enter or  | 
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| 1 |  | exit the mine, additional SCSR devices, each of which must  | 
| 2 |  | provide protection for a period of one hour or longer, must be  | 
| 3 |  | available for all persons who use such transportation from  | 
| 4 |  | portal to portal. | 
| 5 |  |  (c-5) Beginning July 31, 2007, in addition to the SCSR  | 
| 6 |  | devices required under subsections (a), (b), and (c) of this  | 
| 7 |  | Section, an operator must provide, at a minimum, the number of  | 
| 8 |  | SCSRs in the primary and alternate escapeways as required by  | 
| 9 |  | the mine's approved Mine Safety and Health Administration  | 
| 10 |  | Emergency Response Plan of 30 SCSR devices in each cache  | 
| 11 |  | located within a mine. All SCSR devices required under this  | 
| 12 |  | subsection (c-5) shall be stored in caches that are conspicuous  | 
| 13 |  | and readily accessible by each person in the mine. If the  | 
| 14 |  | average seam height of a mine is: | 
| 15 |  |   (1) less than 40 inches, caches must be located no more  | 
| 16 |  | than 2,200 feet apart throughout a mine; | 
| 17 |  |   (2) 40 inches or more, but less than 51 inches, caches  | 
| 18 |  | must be located no more than 3,300 feet apart throughout a  | 
| 19 |  | mine; | 
| 20 |  |   (3) 51 inches or more, but less than 66 inches, caches  | 
| 21 |  | must be located no more than 4,400 feet apart throughout a  | 
| 22 |  | mine; and | 
| 23 |  |   (4) 66 inches or more, caches must be located no more  | 
| 24 |  | than 5,700 feet apart throughout a mine. | 
| 25 |  |  An operator must submit for approval a plan addressing the  | 
| 26 |  | requirements of this subsection (c-5) to the Mining Board on or  | 
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| 1 |  | before May 1, 2007.
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| 2 |  |  (d) (Blank). The Mining Board must require all operators to  | 
| 3 |  | provide additional SCSR devices in the primary and alternate  | 
| 4 |  | escapeways to ensure safe evacuation if the Mining Board  | 
| 5 |  | determines that the SCSR devices required under subsections  | 
| 6 |  | (a), (b),
(c), and (c-5) are not adequate to provide enough  | 
| 7 |  | oxygen for all persons to safely evacuate the mine under mine  | 
| 8 |  | emergency conditions for all persons underground through both  | 
| 9 |  | primary and alternate escapeways. The Mining Board must  | 
| 10 |  | determine the time needed for safe evacuation under emergency  | 
| 11 |  | conditions from each of those locations at 1,000 foot  | 
| 12 |  | intervals. If the Mining Board determines that additional SCSR  | 
| 13 |  | devices are needed under this subsection (d), the mine operator  | 
| 14 |  | must submit a SCSR storage plan to the Mining Board for  | 
| 15 |  | approval. The mine operator must include in the SCSR storage  | 
| 16 |  | plan the location, quantity, and type of additional SCSR  | 
| 17 |  | devices, including, but not limited to, SCSR devices required  | 
| 18 |  | under subsections (a), (b), (c), and (c-5) of this Section,  | 
| 19 |  | each of which must provide protection for a period of one hour  | 
| 20 |  | or longer, that are stored in the primary and alternate  | 
| 21 |  | escapeways. The SCSR storage plan must also show how each  | 
| 22 |  | storage location in the primary and alternate escapeways was  | 
| 23 |  | determined. The Mining Board must require the mine operator to  | 
| 24 |  | demonstrate that the location, quantity, and type of the  | 
| 25 |  | additional SCSRs provide protection to all persons to safely  | 
| 26 |  | evacuate the mine. The SCSR storage plan must be kept current  | 
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| 1 |  | by the mine operator and made available for inspection by an  | 
| 2 |  | authorized representative of the Mining Board and by the  | 
| 3 |  | miners' representative.
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| 4 |  |  (e) (Blank).
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| 5 |  |  (f) An operator must provide luminescent direction signs  | 
| 6 |  | leading to each cache and rescue chamber in a mine, and a  | 
| 7 |  | luminescent sign with the word
"SELF-RESCUER" or  | 
| 8 |  | "SELF-RESCUERS" must be conspicuously posted at each cache and  | 
| 9 |  | rescue chamber. | 
| 10 |  |  (g) Intrinsically safe, battery-powered strobe lights that  | 
| 11 |  | have been approved by the Department must be affixed to each  | 
| 12 |  | cache and rescue chamber and must be capable of automatic  | 
| 13 |  | activation in the event of an emergency; however, until such  | 
| 14 |  | time as the Department approves intrinsically safe,  | 
| 15 |  | battery-powered strobe lights, reflective tape or any other  | 
| 16 |  | illuminated material approved by the Department must be affixed  | 
| 17 |  | to each cache and rescue chamber in a mine.
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| 18 |  |  (h) An operator must implement The Mining Board must adopt  | 
| 19 |  | and impose a plan as required by the mine's approved Mine  | 
| 20 |  | Safety and Health Administration Emergency Response Plan for  | 
| 21 |  | the daily inspection of SCSR devices required under subsections  | 
| 22 |  | (a), (b), and (c) of this Section in order to ensure that the  | 
| 23 |  | devices perform their designated functions each working day.  | 
| 24 |  | Additional SCSR devices required under subsections (c-5) and  | 
| 25 |  | (d) must be inspected every 90 days to ensure that the devices  | 
| 26 |  | perform their designated functions, in addition to meeting all  | 
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| 1 |  | federal Mine Safety and Health Administration requirements. | 
| 2 |  |  (i) Any person who, without the authorization of the  | 
| 3 |  | operator or the Mining Board, knowingly removes or attempts to  | 
| 4 |  | remove any self-contained self-rescue device,
battery-powered  | 
| 5 |  | strobe light, reflective tape, or any other illuminated  | 
| 6 |  | material approved by the Department from a mine or mine site  | 
| 7 |  | with the intent to permanently deprive the operator of the  | 
| 8 |  | device, light, reflective tape, or illuminated material or who  | 
| 9 |  | knowingly tampers with or attempts to tamper with the device,  | 
| 10 |  | light, reflective tape, or illuminated material is guilty of a  | 
| 11 |  | Class 4 felony. | 
| 12 |  |  (j) (Blank).
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| 13 |  |  (k) (Blank).
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| 14 |  | (Source: P.A. 94-1041, eff. 7-24-06; 94-1101, eff. 2-9-07.) | 
| 15 |  |  (225 ILCS 705/11.09)
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| 16 |  |  Sec. 11.09. Rescue chambers.
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| 17 |  |  (a) Rescue chambers
must be provided and located within  | 
| 18 |  | 1,000 3,000 feet from the nearest working face of each working  | 
| 19 |  | section of a mine, in accordance with the mine's approved Mine  | 
| 20 |  | Safety and Health Administration Emergency Response Plan a plan  | 
| 21 |  | submitted by an operator and approved by the Mining Board.
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| 22 |  |  (a-5) Outby rescue chambers must also be provided at  | 
| 23 |  | distances and locations approved in the mine's approved Mine  | 
| 24 |  | Safety and Health Administration Emergency Response Plan.  | 
| 25 |  |  (b) (Blank). An operator must submit a plan for approval  |