Section 1701.APPENDIX A Definitions

Section 1701

Section 1701.APPENDIX A

Definitions

As used in 62 Ill. Adm. Code

1700 through 1850, the following terms have the specified meanings, except when

another meaning is given:

"Acid

drainage" means water with a pH of less than 6.0 and in which total

acidity exceeds total alkalinity, discharged from an active, inactive or

abandoned surface coal mine and reclamation operation or from an area affected

by surface coal mining and reclamation operations.

"Acid-forming

materials" means earth materials that contain sulfide minerals or other

materials which, if exposed to air, water or weather processes, form acids that

may create acid drainage.

"Act"

or "Federal Act" means the Surface Mining Control and Reclamation Act

of 1977 (P.L. 95-87; 30 USC 1201 et seq.).

"Adjacent

area" means the area located outside the permit area, or shadow area,

where a resource or resources, determined according to the context in which

adjacent area is used, are or reasonably could be expected to be adversely

impacted by proposed mining operations.

"Administratively

complete application" means an application for permit approval or approval

for coal exploration where required, which the Department determines to contain

information addressing each application requirement of the regulatory program

and to contain all information necessary to initiate processing and public

review.

"Affected

area" means, with respect to surface mining activities, any land or water

upon or in which those activities are conducted or located.  With respect to

underground mining activities, affected area means: any water or surface land

upon which those activities are conducted or located.

"Agricultural

use" means the use of any tract of land for the production of animal or

vegetable life.  The uses include, but are not limited to, the pasturing,

grazing, and watering of livestock, and the cropping, cultivation, and

harvesting of plants

respect to

underground mining activities, affected area means: any water or surface land

upon which those activities are conducted or located.

"Agricultural

use" means the use of any tract of land for the production of animal or

vegetable life.  The uses include, but are not limited to, the pasturing,

grazing, and watering of livestock, and the cropping, cultivation, and

harvesting of plants.

"Applicant"

means any person seeking a permit; permit revision; renewal; or transfer,

assignment or sale from the Department to conduct surface coal mining and

reclamation operations or, where required, seeking approval for coal

exploration.

"Applicant

Violator System" or "AVS" means the computer system maintained

by OSM to identify ownership or control links involving permit applicants,

permittees, and persons cited in violation notices.

"Application"

means the documents and other information filed with the Department for the

issuance of permits; revisions; renewals; and transfer, assignment, or sale of

permit rights for surface coal mining and reclamation operations or, when

required, for coal exploration.

"Approximate

original contour" means that surface configuration achieved by backfilling

and grading of the mined areas so that the reclaimed area, including any

terracing or access roads, closely resembles the general surface configuration

of the land prior to mining and blends into and complements the drainage

pattern of the surrounding terrain, with all highwalls, and spoil piles and

coal refuse piles eliminated.

Permanent water impoundments may be

permitted where the Department has determined that they comply with 62 Ill.

Adm. Code 1816.49 and 1816.56, 1816.133 or 1817.49, 1817.56 and 1817.133.

(Section 1.03(a)(2) of the State Act)

"Aquifer"

means a zone, stratum, or group of strata that can store and transmit water in

sufficient quantities for specific use.

"Article"

means an Article of the State Act

manent water impoundments may be

permitted where the Department has determined that they comply with 62 Ill.

Adm. Code 1816.49 and 1816.56, 1816.133 or 1817.49, 1817.56 and 1817.133.

(Section 1.03(a)(2) of the State Act)

"Aquifer"

means a zone, stratum, or group of strata that can store and transmit water in

sufficient quantities for specific use.

"Article"

means an Article of the State Act.

"Auger

mining" means a method of mining coal at a cliff or highwall by drilling

holes into an exposed coal seam from the cliff or highwall and transporting the

coal along an auger bit to the surface.

"Best

technology currently available" means equipment, devices, systems,

methods, or techniques that will:

prevent, to

the extent possible, additional contributions of suspended solids to stream

flow or runoff outside the permit area, but in no event result in contributions

of suspended solids in excess of requirements set by 62 Ill. Adm. Code 1816.42;

and

minimize, to

the extent possible, disturbances and adverse impacts on fish, wildlife and

related environmental values, and achieve enhancement of those resources where

practicable.  The term includes equipment, devices, systems, methods, or

techniques that are currently available anywhere as determined by the

Department, even if they are not in routine use.  The term includes, but is not

limited to, construction practices, siting requirements, vegetative selection

and planting requirements, animal stocking requirements, scheduling of

activities and design of sedimentation ponds in accordance with 62 Ill. Adm.

Code 1816 and 1817.

"Boxcut"

means the first open cut resulting in the placing of overburden on unmined land

adjacent to the initial pit.

"Cemetery"

means any area of land where human bodies are interred.

"Coal"

means combustible carbonaceous rock, classified as anthracite, bituminous,

subbituminous, or lignite by ASTM Standard D 388-84 found at pp

ation ponds in accordance with 62 Ill. Adm.

Code 1816 and 1817.

"Boxcut"

means the first open cut resulting in the placing of overburden on unmined land

adjacent to the initial pit.

"Cemetery"

means any area of land where human bodies are interred.

"Coal"

means combustible carbonaceous rock, classified as anthracite, bituminous,

subbituminous, or lignite by ASTM Standard D 388-84 found at pp. 247-252 in Vol

5.05 of the Annual Book of ASTM Standards published by the American Society for

Testing and Materials, 1916 Race St., Philadelphia PA 19103.

"Coal

exploration" means the field gathering of:

surface or

subsurface geologic, physical, or chemical data by mapping, trenching,

drilling, geophysical, or other techniques necessary to determine the quality

and quantity of overburden and coal of an area; or

the gathering

of environmental data to establish the conditions of an area before beginning

surface coal mining and reclamation operations under the requirements of 62

Ill. Adm. Code 1700 through 1850.

"Coal

mine waste" means coal processing waste and underground development waste.

"Coal

mining operation" means the business of developing, producing, preparing

or loading bituminous coal, subbituminous coal, anthracite, or lignite, or of

reclaiming the area upon which the activities occur.

"Coal

processing or coal preparation" means chemical or physical processing and

the cleaning, concentrating, or other processing or preparation of coal.

"Coal

preparation plant" means a facility where coal is subjected to chemical or

physical processing or the cleaning, concentrating, or other processing or

preparation.  It includes facilities associated with coal preparation

activities including, but not limited to the following: loading facilities;

storage and stockpile facilities; sheds, shops and other buildings; water

treatment and water storage facilities; settling basins and impoundments; coal

processing and other waste disposal areas

or the cleaning, concentrating, or other processing or

preparation.  It includes facilities associated with coal preparation

activities including, but not limited to the following: loading facilities;

storage and stockpile facilities; sheds, shops and other buildings; water

treatment and water storage facilities; settling basins and impoundments; coal

processing and other waste disposal areas.

"Coal

processing waste" means earth materials that are separated and wasted from

the product coal during cleaning, concentrating, or other processing or

preparation of coal.

"Combustible

material" means organic material that is capable of burning, either by

fire or through oxidation, accompanied by the evolution of heat and a

significant temperature rise.

"Community

or institutional building" means any structure, other than a public

building or an occupied dwelling, that is used primarily for functions of

community groups; used for an educational, cultural, historic, religious,

scientific, correctional, mental-health or physical-health care facility; or is

used for public services, including, but not limited to, water supply, power

generation or sewage treatment.

"Compaction"

means increasing the density of a material by reducing the voids between the

particles and is generally accomplished by controlled placement and mechanical

effort such as from repeated application of wheel, track, or roller loads from

heavy equipment.

"Complete

and accurate application" means an application for permit approval or

approval for coal exploration when required, that the Department determines

contains all information the State Act and 62 Ill. Adm. Code 1700 through 1850

require.

"Consolidated

material" means materials of sufficient hardness or stability to resist

weathering so as to inhibit erosion or sloughing.

"Control" or

"Controller", when used in 62 Ill. Adm

eans an application for permit approval or

approval for coal exploration when required, that the Department determines

contains all information the State Act and 62 Ill. Adm. Code 1700 through 1850

require.

"Consolidated

material" means materials of sufficient hardness or stability to resist

weathering so as to inhibit erosion or sloughing.

"Control" or

"Controller", when used in 62 Ill. Adm. Code 1773, 1774 and 1778,

refers to or means:

a permittee of a surface coal

mining operation;

an operator of a surface coal

mining operation; or

any person who

has the ability to determine the manner in which a surface coal mining

operation is conducted.

"Cropland"

means land used for the production of adapted crops for harvest, alone or in a

rotation with grasses and legumes, and includes row crops, small grain crops, hay

crops, nursery crops, orchard crops, and other similar specialty crops.

"Cumulative

impact area" means the area, including the permit area, within which

impacts resulting from the proposed operation may interact with the impacts of

all anticipated mining on surface and groundwater systems. Anticipated mining

shall include, at a minimum, the entire projected lives through bond release

of:

the proposed

operation;

all existing

operations;

any operation

for which a permit application has been submitted to the Department.

"Darkened

surface soil" means mineral horizons formed at or adjacent to the surface

of the soil that are higher in organic matter content and visibly darker in

color than the immediately underlying horizons.

"Department"

means the Illinois Department of Natural Resources, Office of Mines and

Minerals, or its successor.

"Direct

financial interest" means ownership or part ownership by an employee of

lands, stocks, bonds, debentures, warrants, partnership shares, or other

holdings and also means any other arrangement in which the employee may benefit

from his or her holding in or salary from coal mining operations

ans the Illinois Department of Natural Resources, Office of Mines and

Minerals, or its successor.

"Direct

financial interest" means ownership or part ownership by an employee of

lands, stocks, bonds, debentures, warrants, partnership shares, or other

holdings and also means any other arrangement in which the employee may benefit

from his or her holding in or salary from coal mining operations.  Direct

financial interests include employment, pensions, creditor, real property, and

other financial relationships.

"Director"

means the Director of the Department of Natural Resources.

"Disturbed

area" means an area where vegetation, topsoil, or overburden is removed or

upon which topsoil, spoil, coal processing waste, underground development waste,

or noncoal waste is placed by surface coal mining operations.  Those areas are

classified as disturbed until reclamation is complete and the performance bond

or other assurance of performance required by 62 Ill. Adm. Code 1800 is

released.

"Diversion"

means a channel, embankment, or other man-made structure constructed to divert

water from one area to another.

"Downslope"

means the land surface between the projected outcrop of the lowest coalbed

being mined along each highwall and a valley floor.

"Drinking,

domestic or residential water supply" means water received from a well or

spring and any appurtenant delivery system that provides water for direct human

consumption or household use.  Wells and springs that serve only agricultural, commercial

or industrial enterprises are not included except to the extent the water

supply is for direct human consumption, human sanitation, or domestic use.

"Embankment"

means an artificial deposit of material that is raised above the natural

surface of the land and used to contain, divert, or store water, support roads

or railways, or for other similar purposes

at serve only agricultural, commercial

or industrial enterprises are not included except to the extent the water

supply is for direct human consumption, human sanitation, or domestic use.

"Embankment"

means an artificial deposit of material that is raised above the natural

surface of the land and used to contain, divert, or store water, support roads

or railways, or for other similar purposes.

"Employee"

means:

any person

employed by the Department who performs any function or duty under the Act; and

advisory board

or commission members and consultants who perform any function or duty under

the Act, if they perform decision-making functions for the Department under the

authority of State law or regulations.  However, members of advisory boards or

commissions established in accordance with State law or regulations to

represent multiple interests are not considered to be employees.  State

officials may through State law or regulations expand this definition to meet

their program needs.

"Ephemeral

stream" means a stream that meets both of the following requirements:

It flows only

in direct response to precipitation in the immediate watershed or in response

to the melting of a cover of snow and ice; and

It has a

channel bottom that is always above the local water table.

"Excess

spoil" means spoil material disposed of in a location other than the

mined-out area; provided, the spoil material used to achieve the approximate

original contour or to blend the mined-out area with the surrounding terrain in

accordance with 62 Ill. Adm. Code 1816.102(d) and 1817.102(d) in nonsteep slope

areas shall not be considered excess spoil.

"Existing

structure" means a structure used in connection with surface coal mining

and reclamation operations for which construction began prior to June 1, 1982.

"Extraction of coal as an

incidental part" means the extraction of coal that is necessary to enable

the construction to be accomplished.  For purposes of 62 Ill. Adm

02(d) in nonsteep slope

areas shall not be considered excess spoil.

"Existing

structure" means a structure used in connection with surface coal mining

and reclamation operations for which construction began prior to June 1, 1982.

"Extraction of coal as an

incidental part" means the extraction of coal that is necessary to enable

the construction to be accomplished.  For purposes of 62 Ill. Adm. Code 1703,

only that coal extracted from within the right-of-way, in the case of a road,

railroad, utility line or other such construction, or within the boundaries of

the area directly affected by other types of government-financed construction,

may be considered incidental to that construction.  Extraction of coal outside

the right-of-way or boundary of the area directly affected by the construction

shall be subject to the requirements of the Act and 62 Ill. Adm. Code 1703.

"Federal

Director" means the Director of the Federal Office of Surface Mining

Reclamation and Enforcement.

"Final

cut" means the last pit created in a surface-mined area.

"Fragile

lands" means geographic areas containing important natural, ecologic,

scientific or esthetic resources that could be damaged or destroyed by surface

coal mining operations.  Examples of fragile lands include valuable habitats

for fish or wildlife, critical habitats for endangered or threatened species of

animals or plants, uncommon geologic formations, National Natural Landmark

sites, areas where mining may cause flooding, environmental corridors

containing a concentration of ecologic and esthetic features, areas of

recreational value due to high environmental quality, and buffer zones adjacent

to the boundaries of areas where surface coal mining operations are prohibited

under Section 7.01 of the State Act [225 ILCS 720/7.01] and 62 Ill. Adm. Code

1761.11, if those areas have characteristics requiring additional areal

protection or if the buffer zone itself contains fragile resources

features, areas of

recreational value due to high environmental quality, and buffer zones adjacent

to the boundaries of areas where surface coal mining operations are prohibited

under Section 7.01 of the State Act [225 ILCS 720/7.01] and 62 Ill. Adm. Code

1761.11, if those areas have characteristics requiring additional areal

protection or if the buffer zone itself contains fragile resources.

"Fugitive

dust" means that particulate matter not emitted from a duct or stack which

becomes airborne due to the forces of wind or surface coal mining and

reclamation operations or both.  During surface coal mining and reclamation, it

may include emissions from haul roads; wind erosion of exposed surfaces,

storage piles, and spoil piles; reclamation operations; and other activities in

which material is either removed, stored, transported, or redistributed.

"Government financing

agency" means a federal, State, county, municipal or other unit of local government,

or a department, bureau, agency or office of the unit that, directly or through

another unit of government, finances construction.

"Government-financed

construction" means construction funded at 50 percent or more by funds

appropriated from a government financing agency's budget or obtained from

general revenue bonds.  Government financing at less than 50 percent may

qualify if the construction is undertaken as an approved reclamation project

under Title IV of the Act.  Construction funded through government financing

agency guarantees, insurance, loans, funds obtained through industrial revenue

bonds or their equivalent, or in-kind payments does not qualify as

government-financed construction.

"Gravity

discharge" means, with respect to underground mining activities, mine

drainage that flows freely in an open channel downgradient.  Mine drainage that

occurs as a result of flooding a mine to the level of the discharge is not

gravity discharge

funds obtained through industrial revenue

bonds or their equivalent, or in-kind payments does not qualify as

government-financed construction.

"Gravity

discharge" means, with respect to underground mining activities, mine

drainage that flows freely in an open channel downgradient.  Mine drainage that

occurs as a result of flooding a mine to the level of the discharge is not

gravity discharge.

"Ground

cover" means the area of ground covered by the combined aboveground parts

of vegetation and by the litter that is produced naturally on site.

"Ground

water" means subsurface water that fills available openings in rock or

soil materials to the extent that they are considered water saturated.

"Head-of-hollow

fill" means a fill structure consisting of any material, other than

organic material, placed in the uppermost reaches of a hollow where side slopes

of the existing hollow measured at the steepest point are greater than 20

degrees or the average slope of the profile of the hollow from the toe of the

fill to the top of the fill is greater than ten degrees.  In head-of-hollow

fills, the top surface of the fill, when completed, is at approximately the

same elevation as the adjacent ridge line, and no significant area of natural

drainage occurs above the fill draining into the fill area.

"High

capability land" means land not meeting the definition of prime farmland

or land exempted in accordance with 62 Ill. Adm. Code 1785.17 when the

Department determines the following three facts are present together:

The land is

capable of being reclaimed for row-crop agricultural purposes;

The land is

suitable for row-crop agricultural purposes based on U.S. Department of

Agriculture, Soil Conservation Service (SCS) soil survey classifications of the

affected land prior to mining (all soil types in capability Classes I, II, III

and those soil types in capability Class IV with slopes of five percent or

less), as set forth in Land-Capability Classification, Agriculture Handbook No

he land is

suitable for row-crop agricultural purposes based on U.S. Department of

Agriculture, Soil Conservation Service (SCS) soil survey classifications of the

affected land prior to mining (all soil types in capability Classes I, II, III

and those soil types in capability Class IV with slopes of five percent or

less), as set forth in Land-Capability Classification, Agriculture Handbook No.

210, published by the SCS 1973; and

The optimum

future use of the land is for row-crop agricultural purposes.

"Highwall"

means the face of exposed overburden and coal in an open cut of a surface coal

mining activity or for entry to underground mining activities.

"Highwall

remnant" means that portion of highwall that remains after backfilling and

grading of a remining permit area.

"Higher

or better uses" means post-mining land uses that have a higher economic

value or nonmonetary benefit to the landowner or the community than the

premining land uses.

"Historically

used for cropland" means:

Lands that

have been used for cropland for any five years or more out of the 10 years

immediately preceding the acquisition, including purchase, lease, or option, of

the lands for the purpose of conducting or allowing through resale, lease or

option, the conduct of surface coal mining and reclamation operations;

Lands that the

Department determines, on the basis of additional cropland history of the

surrounding lands and the lands under consideration that the permit area is

clearly cropland but falls outside the specific five-years-in-10 criterion, in

which case the regulations for prime farmland shall be applied to include more

years of cropland history only to increase the prime farmland acreage to be

preserved; or

Lands that

would likely have been used as cropland for any five out of the last 10 years,

immediately preceding acquisition but for the same fact of ownership or control

of the land unrelated to the productivity of the land.

"Historic

lands" means, for purposes of implementing 62 Ill. Adm

o include more

years of cropland history only to increase the prime farmland acreage to be

preserved; or

Lands that

would likely have been used as cropland for any five out of the last 10 years,

immediately preceding acquisition but for the same fact of ownership or control

of the land unrelated to the productivity of the land.

"Historic

lands" means, for purposes of implementing 62 Ill. Adm. Code 1762 and

1764, important historic, cultural, and scientific areas that could be damaged

or be destroyed by surface coal mining operations.  Examples of historic lands

include archaeological and paleontological sites, National Historic Landmark

sites, sites listed on or eligible for listing on a State or National Register

of Historic Places, sites having religious or cultural significance to native

Americans or religious groups or sites for which historic designation is

pending.

"Hydrologic

balance" means the relationship between the quality and quantity of water

inflow to, water outflow from, and water storage in a hydrologic unit such as a

drainage basin, aquifer, soil zone, lake, or reservoir.  It encompasses the

dynamic relationships among precipitation, runoff, evaporation, and changes in ground

and surface water storage.

"Hydrologic

regime" means the entire state of water movement in a given area.  It is a

function of the climate and includes the phenomena by which water first occurs

as atmospheric water vapor, passes into a liquid or solid form, falls as

precipitation, moves along or into the ground surface, and returns to the

atmosphere as vapor by means of evaporation and transpiration.

"Imminent

danger to the health and safety of the public"

means the existence of

any condition or practice, or any violation of a permit or other requirements

of the State Act in a surface coal mining and reclamation operation, which

could reasonably be expected to cause substantial physical harm to persons

outside the permit area before the condition, practice, or violation can be

abated

on.

"Imminent

danger to the health and safety of the public"

means the existence of

any condition or practice, or any violation of a permit or other requirements

of the State Act in a surface coal mining and reclamation operation, which

could reasonably be expected to cause substantial physical harm to persons

outside the permit area before the condition, practice, or violation can be

abated.  A reasonable expectation of death or serious injury before abatement

exists if a rational person, subjected to the same condition or practice giving

rise to the peril, would avoid exposure to the danger during the time necessary

for abatement.

(Section 1.03(a)(7) of the State Act)

"Impounding

structure" means a dam, embankment, or other structure used to impound

water, slurry, or other liquid or semi-liquid material.

"Impoundment"

means a closed basin, naturally formed or artificially built, which is dammed

or excavated for the retention of water, sediment or waste.

"Indirect

financial interest" means the same financial relationships as for direct

ownership, but from which the employee reaps the benefits of the interests,

including interests held by his or her spouse, minor child and other relatives,

including in-laws, residing in the employee's home.  The employee will not be

deemed to have an indirect financial interest if there is no relationship

between the employee's duties and the coal mining operation in which the

spouse, minor children, or other resident relatives hold a financial interest.

"In situ

processes" means activities conducted in connection with in-place

distillation, retorting, leaching, or other chemical or physical processing of

coal.  The term includes, but is not limited to, in situ gasification, in situ

leaching, slurry mining, solution mining, borehole mining, and fluid recovery

mining

pouse, minor children, or other resident relatives hold a financial interest.

"In situ

processes" means activities conducted in connection with in-place

distillation, retorting, leaching, or other chemical or physical processing of

coal.  The term includes, but is not limited to, in situ gasification, in situ

leaching, slurry mining, solution mining, borehole mining, and fluid recovery

mining.

"Intermittent

stream" means:

A stream or

reach of a stream that drains a watershed of at least one square mile; or

A stream or

reach of a stream that is below the local water table for at least some part of

the year, and obtains its flow from both surface runoff and ground water discharge.

"Irreparable

damage to the environment" means any damage to the environment in

violation of the State Act or 62 Ill. Adm. Code, Chapter I that cannot be

corrected by actions of the applicant.

"Knowing" or

"Knowingly" means that a person who authorized, ordered or carried

out an act or omission knew, or had reason to know, that the act or omission

would result in either a violation or a failure to abate or correct a

violation.

"Land

capability" means the soils' premining capabilities based on the SCS

classification system as found in Agriculture Handbook No. 210, Land-Capability

Classification, (1973) as interpreted from the soils map for sustained

production of commonly cultivated crops or for the production of permanent

vegetation.

"Land

eligible for remining" means those lands that would otherwise be eligible

for expenditures under section 402(g)(4) or section 404 of the Surface Mining

Control and Reclamation Act of 1977 (30 USC 1232(g)(4) and 1234).

"Land

use" means specific uses or management-related activities, rather than the

vegetation or cover of the land.  Land uses may be identified in combination

when joint or seasonal uses occur and may include land used for support

facilities that are an integral part of the use

tion 402(g)(4) or section 404 of the Surface Mining

Control and Reclamation Act of 1977 (30 USC 1232(g)(4) and 1234).

"Land

use" means specific uses or management-related activities, rather than the

vegetation or cover of the land.  Land uses may be identified in combination

when joint or seasonal uses occur and may include land used for support

facilities that are an integral part of the use.  Changes of land use or uses

from one of the following categories to another shall be considered as a change

to an alternative land use which is subject to approval by the Department in

accordance with 62 Ill. Adm. Code 1780.23.

"Cropland"

means land used for the production of adapted crops for harvest, alone or in a

rotation with grasses and legumes, and includes row crops, small grain crops,

hay crops, nursery crops, orchard crops, and other similar specialty crops.

Allowable support facilities include access roads, farm buildings, hedgerows,

erosion control structures such as grassed waterways, terraces and sediment

ponds, and other incidental facilities related to cropland management, except

that no facility, other than erosion control structures, may be located on prime

farmland.

"Pastureland"

means land used primarily for the long-term production of adapted, domesticated

forage plants to be grazed by the livestock or occasionally cut and cured for

livestock feed.  Allowable support facilities include access roads, farm

buildings, erosion control structures such as grassed waterways, downdrains,

terraces and sediment ponds, water impoundments used for stock watering, and

other incidental facilities related to pasture management.

"Grazingland"

means land used for grasslands and forest lands where the indigenous vegetation

is actively managed for grazing, browsing, or occasional hay production.

"Forestry"

means land used or managed for the long-term production of wood, wood fiber, or

wood-derived products

t ponds, water impoundments used for stock watering, and

other incidental facilities related to pasture management.

"Grazingland"

means land used for grasslands and forest lands where the indigenous vegetation

is actively managed for grazing, browsing, or occasional hay production.

"Forestry"

means land used or managed for the long-term production of wood, wood fiber, or

wood-derived products.  Allowable support facilities include water

impoundments, access and fire control lanes, erosion control structures such as

grassed waterways, downdrains, terraces and sediment ponds, and other

incidental facilities related to sound multiple use management of the forest

resource.

"Residential"

means land used for single- and multiple-family housing, mobile home parks, and

other residential lodgings.

"Industrial/Commercial" means land used for:

Extraction or

transformation of materials for fabrication of products, wholesaling of

products, or for long-term storage of products.  This includes all heavy and

light manufacturing facilities.

Retail or

trade of goods or services, including hotels, motels, stores, restaurants, and

other commercial establishments.

"Recreation"

is land used for public or private leisure-time use, including developed

recreation facilities such as parks, camps, and amusement areas, as well as

areas for less intensive uses such as hiking, canoeing, and other undeveloped

recreational uses.  Allowable support facilities include water impoundments,

access roads, and other incidental facilities related to the recreational

development of the area.

"Fish and

wildlife habitat" is land dedicated wholly or partially to the production,

protection, or management of fish or wildlife.  Allowable support facilities

include water impoundments, access lanes, erosion control structures such as

grassed waterways, downdrains, terraces and sediment ponds, and other

incidental facilities related to sound fish and wildlife management practices

he area.

"Fish and

wildlife habitat" is land dedicated wholly or partially to the production,

protection, or management of fish or wildlife.  Allowable support facilities

include water impoundments, access lanes, erosion control structures such as

grassed waterways, downdrains, terraces and sediment ponds, and other

incidental facilities related to sound fish and wildlife management practices.

"Developed

water resources" includes land used for storing water for beneficial uses

such as stockponds, irrigation, fire protection, flood control, and water

supply.  Where appropriate, developed water resources are considered a joint or

seasonal use with cropland, pastureland, forestry, recreation and fish and

wildlife habitat.

"Undeveloped

land or no current use or land management" includes land that is

undeveloped or, if previously developed, land that has been allowed to return

naturally to an undeveloped state or has been allowed to return to forest

through natural succession.  A post-mining designation of undeveloped land

shall not be allowed for any land that is proposed to be affected by the mining

operation.

"Material

damage", in the context of 62 Ill. Adm. Code 1784.20 and 62 Ill. Adm. Code

1817.121, means:

Any functional

impairment of surface lands, features, structures or facilities;

Any physical

change that has a significant adverse impact on the affected land's capability

to support any current or reasonably foreseeable uses or causes significant

loss in production or income; or

Any

significant change in the condition, appearance or utility of any structure or

facility from its pre-subsidence condition.

"Mining

operations or surface coal mining operations" means both surface mining

operations and underground mining operations.

(Section 1.03(a)(11) of the State

Act)

"Moist

bulk density" means the weight of soil (oven dry) per unit volume.  Volume

is measured when the soil is at field moisture capacity (⅓ bar moisture

tension)

y of any structure or

facility from its pre-subsidence condition.

"Mining

operations or surface coal mining operations" means both surface mining

operations and underground mining operations.

(Section 1.03(a)(11) of the State

Act)

"Moist

bulk density" means the weight of soil (oven dry) per unit volume.  Volume

is measured when the soil is at field moisture capacity (⅓ bar moisture

tension).  Weight is determined after drying the soil at 105° C.

"MSHA"

means the Mine Safety and Health Administration of the United States Department

of Labor.

"Mulch"

means vegetation residues or other suitable materials that aid in soil

stabilization and soil moisture conservation, thus providing micro-climatic

conditions suitable for germination and growth.

"Natural

hazard lands" means geographic areas in which natural conditions exist that

pose or, as a result of surface coal mining operations, may pose a threat to

the health, safety or welfare of people, property or the environment, including

areas subject to landslides, cave-ins, large or encroaching sand dunes, severe

wind or soil erosion, frequent flooding, avalanches, and areas of unstable

geology.

"Noxious

plants" means any plant species listed as a "noxious weed" under

regulations authorized by the Illinois Noxious Weed Law [505 ILCS 100]; any

plant species whose seed is listed as a "prohibited (primary) noxious

weed" or "restricted" (secondary) noxious weed" or

"weed seeds" under regulations authorized by the Illinois Seed Law

[505 ILCS 110]; or any plant that the Department of Agriculture has declared a

pest under the Illinois Pesticide Act [415 ILCS 60].

"Occupied

dwelling" means any building that is currently being used on a regular or

temporary basis for human habitation.

"Office"

means the Office of Surface Mining Reclamation and Enforcement, U.S. Department

of the Interior

authorized by the Illinois Seed Law

[505 ILCS 110]; or any plant that the Department of Agriculture has declared a

pest under the Illinois Pesticide Act [415 ILCS 60].

"Occupied

dwelling" means any building that is currently being used on a regular or

temporary basis for human habitation.

"Office"

means the Office of Surface Mining Reclamation and Enforcement, U.S. Department

of the Interior.

"Operator"

means any person engaged in coal mining who removes or intends to remove more

than 250 tons of coal from the earth or from coal refuse piles by mining within

12 consecutive calendar months in any one location.

"Outslope"

means the face of the spoil or embankment sloping downward from the highest

elevation to the toe.

"Overburden"

means material of any nature, consolidated or unconsolidated, that overlies a

coal deposit, excluding topsoil.

"Own",

"Owner" or "Ownership", as used in 62 Ill. Adm. Code 1773,

1774 and 1778 (except when used in the context of ownership of real property),

means being a sole proprietor or owner of record in excess of 50 percent of the

voting securities or other instruments of ownership of an entity.

"Ownership

or control link" means any relationship included in the definition of

owned or controlled or owns or controls at 62 Ill. Adm. Code 1773.5(a) and (b)

or in the violations review provisions of 62 Ill. Adm. Code 1773.15(b).  It includes

any relationship presumed to constitute ownership or control under the

definition of "owned or controlled" or "owns or controls"

unless such presumption has been successfully rebutted under the provisions of

62 Ill. Adm. Code 1773.24 and 1773.25.

"Perennial

stream" means a stream that flows continuously during all of the calendar

year or part of a stream that flows continuously during all of the calendar

year.  The stream or part of a stream flows continuously as a result of

groundwater discharge or surface runoff.  The term does not include

intermittent stream or ephemeral stream

provisions of

62 Ill. Adm. Code 1773.24 and 1773.25.

"Perennial

stream" means a stream that flows continuously during all of the calendar

year or part of a stream that flows continuously during all of the calendar

year.  The stream or part of a stream flows continuously as a result of

groundwater discharge or surface runoff.  The term does not include

intermittent stream or ephemeral stream.

"Performance

bond" means a surety bond, collateral bond, or a combination of surety

bond and collateral bond, by which a permittee assures faithful performance of

all the requirements of the Federal Act, the State Act, 62 Ill. Adm. Code,

Chapter I, and the requirements of the permit and reclamation plan.

"Performing

any function or duty under this Act" means those decisions or actions

that, if an employee performed or did not perform, would affect the programs

under the State Act.

"Permanent

diversion" means a diversion remaining after surface coal mining and

reclamation operations are completed that has been approved for retention by

the Department and other appropriate State and federal agencies.

"Permanent

impoundment" means an impoundment that the Department approved and, if

required, is approved by other State and federal agencies for retention as part

of the post-mining land use.

"Permit"

means a permit to conduct surface coal mining and reclamation operations that

the Department issues pursuant to the State program.

"Permit

area" means the area of land and water within the boundaries of the permit

that are designated on the permit application maps, as approved by the

Department.  This area shall include all areas:

that are or

will be affected by the surface coal mining and reclamation operations during

the term of the permit, including all disturbed areas;

where the

operator proposes to conduct surface coal mining and reclamation operations

under the permit; and

that are

required to be bonded (see 62 Ill. Adm. Code 1800)

lication maps, as approved by the

Department.  This area shall include all areas:

that are or

will be affected by the surface coal mining and reclamation operations during

the term of the permit, including all disturbed areas;

where the

operator proposes to conduct surface coal mining and reclamation operations

under the permit; and

that are

required to be bonded (see 62 Ill. Adm. Code 1800).

These areas

shall be indicated on the approved map the operator submits with the operator's

application. Areas adequately bonded under another valid permit may be excluded

from a permit area.  The permit area excludes the area defined in this Part as

the shadow area.

"Permit

term"

means the period during which the permittee may engage in mining

and reclamation operations under the permit.

(Section 1.03(a)(18) of the State

Act)

"Permittee"

means a person holding or required by the State Act or 62 Ill. Adm. Code 1700

through 1850 to hold a permit to conduct surface coal mining and reclamation

operations issued by a department pursuant to a State program.

"Person"

means an individual, Indian tribe when conducting surface coal mining and

reclamation operations on non-Indian lands, general partnership, limited

partnership, business trust association, society, joint venture, joint stock

company, firm, company, corporation, cooperative or other business organization,

or any agency, unit, or instrumentality of federal, State or local government,

including any publicly-owned utility or publicly-owned corporation of federal,

State or local government

ons on non-Indian lands, general partnership, limited

partnership, business trust association, society, joint venture, joint stock

company, firm, company, corporation, cooperative or other business organization,

or any agency, unit, or instrumentality of federal, State or local government,

including any publicly-owned utility or publicly-owned corporation of federal,

State or local government.

"Person

having an interest which is or may be adversely affected" or "Person

with a valid legal interest" shall include any person:

Who uses any

resources of economic, recreational, esthetic, or environmental value that may

be adversely affected by coal exploration or surface coal mining and

reclamation operations or any related action of the Secretary or the

Department; or

Whose property

is or may be adversely affected by coal exploration or surface coal mining and

reclamation operations or any related action of the Secretary or the

Department.

"Placeland"

means undisturbed land before any mining activity.

"Precipitation

event" means a quantity of water resulting from drizzle, rain, snow,

sleet, or hail in a limited period of time. It may be expressed in terms of

recurrence interval.  Precipitation event also includes that quantity of water

emanating from snow cover as snow-melt in a limited period of time.

"Previously

mined area" means land  that had been mined before August 3, 1977 that has

not been reclaimed to the standards of 62 Ill. Adm. Code 1700 through 1850.

"Prime

farmland" means those lands that are defined by the Secretary of

Agriculture in 7 CFR 657 (January 31, 1978) and that have historically been

used for cropland as defined in this Section.

"Principal

shareholder" means any person who is the record or beneficial owner of 10

percent or more of any class of voting stock.

"Prohibited

financial interest" means any direct or indirect financial interest in any

coal mining operation

are defined by the Secretary of

Agriculture in 7 CFR 657 (January 31, 1978) and that have historically been

used for cropland as defined in this Section.

"Principal

shareholder" means any person who is the record or beneficial owner of 10

percent or more of any class of voting stock.

"Prohibited

financial interest" means any direct or indirect financial interest in any

coal mining operation.

"Property

to be mined" means both the surface and mineral estates within the permit

area and the mineral estate within the shadow area.

"Public

building" means any structure that is owned or leased and principally used

by a public government agency for public business or meetings.

"Public

office" means a facility under the control of a governmental entity that

is open to public access on a regular basis during reasonable business hours.

"Public

park" means an area or portion of an area dedicated or designated by any federal,

State, or local agency primarily for public recreational use, whether or not

such use is limited to certain times or days, including any land leased,

reserved or held open to the public because of that use.

"Publicly-owned

park" means a public park that is owned by a federal, State or local

governmental entity.

"Public

road" means a road:

that has been

designated as a public road pursuant to the law of the jurisdiction in which it

is located;

that is

maintained with public funds in a manner similar to other public roads of the

same classification within the jurisdiction;

for which

there is substantial (more than incidental) public use; and

that meets

road construction standards for other public roads of the same classification

in the local jurisdiction.

"Qualified

registered professional engineer" means a civil engineer, mining engineer,

environmental engineer or general engineer meeting the requirements of Section

9 of the Professional Engineering Practice Act of 1989 [225 ILCS 325]

ntial (more than incidental) public use; and

that meets

road construction standards for other public roads of the same classification

in the local jurisdiction.

"Qualified

registered professional engineer" means a civil engineer, mining engineer,

environmental engineer or general engineer meeting the requirements of Section

9 of the Professional Engineering Practice Act of 1989 [225 ILCS 325].

"Rangeland"

means land on which the natural potential (climax) plant cover is principally

native grasses, forbs, and shrubs valuable for forage.  This land includes

natural grasslands and savannahs, such as prairies, and juniper savannahs, such

as brushlands. Except for brush control, management is primarily achieved by

regulating the intensity of grazing and season of use.

"Reasonably

available spoil" means spoil and suitable coal mine waste material

generated by the remining operation or other spoil or suitable coal mine waste

material located in the permit area that is accessible and available for use

and that when rehandled will not cause a hazard to public safety or significant

damage to the environment.

"Recharge

capacity" means the ability of the soils and underlying materials to allow

precipitation and runoff to infiltrate and reach the zone of saturation.

"Reclamation"

means those actions that 62 Ill. Adm. Code 1700 through 1850 requires to

restore mined land to a post-mining land use that the Department has approved.

These actions do not include subsidence control measures conducted in the

shadow area to restore damaged land to pre-mining capability.

"Recurrence

interval" means the interval of time in which a precipitation event is

expected to occur once, on the average. For example, the 10-year,  24-hour

precipitation event would be that  24-hour precipitation event expected to

occur on the average once in 10 years

ns do not include subsidence control measures conducted in the

shadow area to restore damaged land to pre-mining capability.

"Recurrence

interval" means the interval of time in which a precipitation event is

expected to occur once, on the average. For example, the 10-year,  24-hour

precipitation event would be that  24-hour precipitation event expected to

occur on the average once in 10 years.

"Reference

area" means a land unit maintained under appropriate management for the

purpose of measuring vegetation ground cover, productivity and plant species

diversity that are produced naturally or by Department-approved crop production

methods. Reference areas must be representative of geology, soil, slope, and

vegetation in the permit area.

"Refuse

pile" means a surface deposit of coal mine waste that does not impound

water, slurry, or other liquid or semi-liquid material.

"Regional

Director" means Regional Director of the Office or Regional Director of

the Office's representative.

"Regulatory

program" means Illinois' permanent regulatory program that the Office

approved and set forth in 30 CFR 913.1-913.16 (July 19, 2004).

"Remining"

means conducting surface coal mining and reclamation operations that affect

previously mined areas.

"Renewable

resource lands" means aquifers and areas for the recharge of aquifers and

other underground waters, areas for agricultural or silvicultural production of

food and fiber, and grazing lands.

"Replacement

of water supply" means, with respect to protected water supplies

contaminated, diminished, or interrupted by coal mining operations, provision

of water supply on both a temporary and permanent basis equivalent to premining

quantity and quality.  Replacement includes provisions of an equivalent water

delivery system and payment of operation and maintenance costs in excess of

customary and reasonable delivery costs for premining water supplies

water supplies

contaminated, diminished, or interrupted by coal mining operations, provision

of water supply on both a temporary and permanent basis equivalent to premining

quantity and quality.  Replacement includes provisions of an equivalent water

delivery system and payment of operation and maintenance costs in excess of

customary and reasonable delivery costs for premining water supplies.

Upon agreement

by the permittee and the water supply owner, the obligation to pay operation

and maintenance costs may be satisfied by a one-time payment in an amount that

covers the present worth of the increased annual operation and maintenance costs

for a period agreed to by the permittee and the water supply owner.

If the

affected water supply was not needed for the land use in existence at the time

of loss, contamination, or diminution, and if the supply is not needed to

achieve the postmining land use, replacement requirements may be satisfied by

demonstrating that a suitable alternative water source is available and could

feasibly be developed.  If the latter approach is selected, written concurrence

must be obtained from the water supply owner.

"Responsible

land management" means that combination of preparation, maintenance,

fertilization and tilling of land capable of producing row crops that would be

practiced by a person in the business of producing row crops on unmined land in

the same region on the same, or similar, soil type as the mined land being

managed, if the practices can reasonably be expected to continue after mining

and reclamation are completed, as determined by the Department.

"Road"

means a surface right-of-way for purposes of travel by land vehicles used in

surface coal mining and reclamation operations or coal exploration. A road

consists of the entire area within the right-of-way, including the roadbed,

shoulders, parking and side areas, approaches, structures, ditches, and

surface

ue after mining

and reclamation are completed, as determined by the Department.

"Road"

means a surface right-of-way for purposes of travel by land vehicles used in

surface coal mining and reclamation operations or coal exploration. A road

consists of the entire area within the right-of-way, including the roadbed,

shoulders, parking and side areas, approaches, structures, ditches, and

surface. The term includes access and haulroads constructed, used,

reconstructed, improved, or maintained for use in surface coal mining and

reclamation operations or coal exploration, including use by coal hauling

vehicles to and from transfer, processing or storage areas. The term does not

include ramps and routes of travel within the immediate mining area or within

spoil or coal mine waste disposal areas.

"Safety

factor" means the ratio of the available shear strength to the developed

shear stress, or the ratio of the sum of the resisting forces to the sum of the

loading or driving forces.

"Secretary"

means the Secretary of the Interior or the Secretary's representative.

"Sedimentation

pond" means an impoundment used to remove solids from water in order to

meet water quality standards or effluent limitations before the water leaves

the permit area.

"Shadow

area" means any area beyond the limits of the permit area in which

underground mine workings are located.  This area includes all resources above

and below the coal that are protected by the State Act that may be adversely

impacted by underground mining operations including impacts of subsidence.

"Significant

forest cover" means an area where the plant community consists

predominantly of trees and other woody vegetation

the limits of the permit area in which

underground mine workings are located.  This area includes all resources above

and below the coal that are protected by the State Act that may be adversely

impacted by underground mining operations including impacts of subsidence.

"Significant

forest cover" means an area where the plant community consists

predominantly of trees and other woody vegetation.

"Significant,

imminent environmental harm to land, air or water resources" means:

An

environmental harm is an adverse impact on land, air or water resources when

the resources include, but are not limited to, plant and animal life;

An

environmental harm is imminent if a condition, practice or violation exists

which:

Is causing the

harm; or

May reasonably

be expected to cause harm at any time before the end of the reasonable

abatement time that would be set under Section 8.06(c) of the State Act;

An

environmental harm is significant if that harm is appreciable and not

immediately reparable.

"Siltation

structure" means a device, or devices, used to remove, collect or

otherwise control runoff so that resulting outflow will meet applicable

effluent standards.

"Slope"

means average inclination of a surface measured from the horizontal, generally

expressed as the ratio of a unit of vertical distance to a given number of

units of horizontal distance (e.g., 1v:5h).  It may also be expressed as a

percent or in degrees.

"Soil

horizons" means contrasting layers of soil parallel or nearly parallel to

the land surface.  Soil horizons are differentiated on the basis of field

characteristics and laboratory data.  The four master soil horizons are:

A horizon.

The uppermost mineral layer, often called the surface soil or topsoil.  It is

the part of the soil in which organic matter is most abundant, and leaching of

soluble or suspended particles is typically the greatest.

E horizon.

The layer commonly near the surface below an A horizon and above a B horizon

field

characteristics and laboratory data.  The four master soil horizons are:

A horizon.

The uppermost mineral layer, often called the surface soil or topsoil.  It is

the part of the soil in which organic matter is most abundant, and leaching of

soluble or suspended particles is typically the greatest.

E horizon.

The layer commonly near the surface below an A horizon and above a B horizon.

An E horizon is most commonly differentiated from an overlying A horizon by

lighter color and generally has measurably less organic matter than the A

horizon.  An E horizon is most commonly differentiated from the underlying B

horizon in the same sequum by color of higher value or lower chroma, by coarser

texture, or by a combination of these properties.

B horizon.

The layer that typically is immediately beneath the A and E horizons and often

called the subsoil.  This middle layer commonly contains more clay, iron, or

aluminum than the A, E, or C horizons.

C horizon.

The deepest layer of the soil profile.  It consists of loose material or

weathered rock that is relatively unaffected by biologic activity.

"Soil

survey" means a field and other investigation, resulting in a map showing

the geographic distribution of different kinds of soils and an accompanying

report that describes, classifies, and interprets the soils for use.  Soil

surveys must meet the standards of the National Cooperative Soil Survey as

incorporated by reference in 62 Ill. Adm. Code 1785.17(c)(1).

"Spoil"

means overburden that has been removed during surface coal mining operations.

"Stabilize"

means to control movement of soil, spoil piles, or areas of disturbed earth by

modifying the geometry of the mass, or by otherwise modifying physical or

chemical properties, such as by providing a protective surface coating.

"State

Act" means the Surface Coal Mining Land Conservation and Reclamation Act

[225 ILCS 720]

en that has been removed during surface coal mining operations.

"Stabilize"

means to control movement of soil, spoil piles, or areas of disturbed earth by

modifying the geometry of the mass, or by otherwise modifying physical or

chemical properties, such as by providing a protective surface coating.

"State

Act" means the Surface Coal Mining Land Conservation and Reclamation Act

[225 ILCS 720].

"State

regulatory program" means the Illinois program the Secretary approved on

June 1, 1982 pursuant to 30 CFR 732.1 through 732.15 (September 30, 1983).

"State

violation notice" means a violation notice issued by a State regulatory

authority or by another agency or instrumentality of State government.

"Steep

slope" means any slope of more than  20 degrees or such lesser slope as

the Department may designate after consideration of such regional

characteristics as soil and climate.

"Substantially

disturb" means, for purposes of coal exploration, to impact significantly

upon land, air or water resources by blasting; by removal of vegetation,

topsoil, or overburden; by construction of roads or other access routes; by

placement of excavated earth or waste material on the natural land surface or

by other such activities; or to remove more than 250 tons of coal.

"Substantial

legal and financial commitments in a surface coal mining operation" means

significant investments that have been made on the basis of a long-term coal

contract in power plants, railroads, coal-handling, preparation, extraction or

storage facilities, and other capital-intensive activities.  An example would

be an existing mine, not actually producing coal, but in a substantial stage of

development prior to production.  Costs of acquiring the coal in place or of

the right to mine it without an existing mine alone, as described in this

example, are not sufficient to constitute substantial legal and financial

commitments

storage facilities, and other capital-intensive activities.  An example would

be an existing mine, not actually producing coal, but in a substantial stage of

development prior to production.  Costs of acquiring the coal in place or of

the right to mine it without an existing mine alone, as described in this

example, are not sufficient to constitute substantial legal and financial

commitments.

"Successor

in interest" means any person who succeeds to rights granted under a

permit, by transfer, assignment, or sale of those rights.

"Surface

mining activities" means those surface coal mining and reclamation

operations incident to the extraction of coal from the earth by removing the

materials over the coal seam, before recovering the coal, by auger coal mining,

or by recovery of coal from a deposit that is not in its original geologic

location.

"Surface

coal mining and reclamation operations" or "mining and reclamation

operations" means surface coal mining operations and all activities

necessary or incidental to the reclamation of such operations.  This term

includes the term "surface coal mining operations".

"Surface

coal mining operations" or "mining operations" means:

Activities

conducted on the surface of lands in connection with a surface coal mine or

subject to the requirements of section 516 of the Federal Act, surface

operations and surface impacts incident to an underground coal mine, the

products of which enter commerce, or the operations of which directly or

indirectly affect interstate commerce.  These activities include excavation for

the purpose of obtaining coal, including such common methods as contour, strip,

auger, mountaintop removal, box cut, open pit, and area mining, the uses of

explosives and blasting; in situ distillation or retorting; leaching or other

chemical or physical processing; and the cleaning, concentrating, or other

processing or preparation of coal

e commerce.  These activities include excavation for

the purpose of obtaining coal, including such common methods as contour, strip,

auger, mountaintop removal, box cut, open pit, and area mining, the uses of

explosives and blasting; in situ distillation or retorting; leaching or other

chemical or physical processing; and the cleaning, concentrating, or other

processing or preparation of coal.  These activities also include the loading

of coal for interstate commerce at or near the mine-site, provided, these

activities do not include the extraction of coal incidental to the extraction

of other minerals, when coal does not exceed 16⅔% of the tonnage of minerals

removed for purposes of commercial use or sale, or coal exploration subject to section

512 of the Federal Act; and provided further, that excavation for the purpose

of obtaining coal includes extraction of coal from coal refuse piles; and

The areas upon

which the activities described in the first paragraph of this definition occur

or where those activities disturb the natural land surface.  These areas shall

also include any adjacent land the use of which is incidental to these

activities, all lands affected by the construction of new roads or the

improvement or use of existing roads to gain access to the site of those

activities and for haulage and excavation, workings, impoundments, dams,

ventilation shafts, entryways, refuse banks, dumps, stockpiles, overburden

piles, spoil banks, culm banks, tailings, holes or depressions, repair areas,

storage areas, processing areas, shipping areas, and other areas upon which are

sited structures, facilities, or other property or material on the surface,

resulting from or incident to those activities.

"Surface

mining operations" means activities conducted on the surface of lands in

connection with a surface coal mine or surface operations

anks, tailings, holes or depressions, repair areas,

storage areas, processing areas, shipping areas, and other areas upon which are

sited structures, facilities, or other property or material on the surface,

resulting from or incident to those activities.

"Surface

mining operations" means activities conducted on the surface of lands in

connection with a surface coal mine or surface operations.  Such activities

include excavation for the purpose of obtaining coal including such common

methods as contour, strip, auger, mountaintop removal, box cut, open pit, and

area mining, coal recovery from coal waste disposal areas, the use of

explosives and blasting, and in situ distillation or retorting, leaching or

other chemical or physical processing, and the cleaning, concentrating, or

other processing or preparation, loading of coal at or near the mine site; and

the areas on which such activities occur or where such activities disturb the

natural land surface.  Such areas include any adjacent land the use of which is

incidental to any such activities, all lands affected by the construction of

new roads or the improvement or use of existing roads to gain access to the

site of such activities and for haulage, and excavations, workings,

impoundments, dams, refuse banks, dumps, stockpiles, overburden piles, spoil

banks, culm banks, tailings, holes or depressions, repair areas, storage areas,

processing areas, shipping areas and other areas upon which are sited

structures, facilities, or other property or materials on the surface,

resulting from or incident to such activities.

(Section 1.03(a)(24) of the State

Act)

"Suspended

solids" or nonfilterable residue, expressed as milligrams per liter, means

any materials carried or held in suspension in water that are retained by a

standard glass fiber filter in the procedure outlined by the Environmental

Protection Agency's regulations for waste water and analyses (40 CFR 136) (May

18, 2012)

incident to such activities.

(Section 1.03(a)(24) of the State

Act)

"Suspended

solids" or nonfilterable residue, expressed as milligrams per liter, means

any materials carried or held in suspension in water that are retained by a

standard glass fiber filter in the procedure outlined by the Environmental

Protection Agency's regulations for waste water and analyses (40 CFR 136) (May

18, 2012).

"Temporary

diversion" means a diversion of a stream or overland flow that is used

during coal exploration or surface coal mining and reclamation operations and that

the Department has not approved to remain after reclamation.

"Temporary

impoundment" means an impoundment used during coal exploration or surface

coal mining and reclamation operations and that the Department has not approved

to remain after reclamation.

"Ton"

means 2000 pounds avoirdupois (.90718 metric ton).

"Topsoil"

means the A and E soil horizon layers of the four master soil horizons.

"Toxic-forming

materials" means earth materials or wastes that, if acted upon by air,

water, weathering, or microbiological processes, are likely to produce chemical

or physical conditions in soils or water that are detrimental to living

organisms or uses of water.

"Toxic

mine drainage" means water that is discharged from active or abandoned

mines or other areas affected by coal exploration or surface coal mining and

reclamation operations that contains a substance that, through chemical action

or physical effects, is likely to kill, injure or impair living organisms

commonly present in the area that might be exposed to it.

"Transfer,

assignment or sale of permit rights" means a change of a permittee.

"Underground

development waste" means waste rock mixtures resulting from development of

areas for underground mining activities

that contains a substance that, through chemical action

or physical effects, is likely to kill, injure or impair living organisms

commonly present in the area that might be exposed to it.

"Transfer,

assignment or sale of permit rights" means a change of a permittee.

"Underground

development waste" means waste rock mixtures resulting from development of

areas for underground mining activities.

"Underground

mining activities" means a combination of:

Surface

operations incident to underground extraction of coal or in situ processing,

such as construction, use, maintenance, and reclamation of roads, above-ground

repair areas, storage areas, processing areas, shipping areas, areas upon which

are sited support facilities including hoist and ventilating ducts, areas

utilized for the disposal and storage of waste, and areas on which materials

incident to underground mining operations are placed; and

Underground

operations such as underground construction, operation, and reclamation of

shafts, adits, underground support facilities, in situ processing, and

underground mining, hauling, storage, and blasting.

"Underground

mining operations" means:

the underground excavation of coal; and

surface

operations incident to the underground extraction of coal, such as

construction, use, maintenance, and reclamation of roads, above-ground repair

areas, storage areas, processing areas, shipping areas, areas on which are

sited support facilities including hoist and ventilation ducts, areas used for

the storage and disposal of waste, and areas on which materials incident to

underground mining operations are placed; and

underground

operations incident to underground excavation of coal, such as underground

construction, operation, and reclamation of shafts,

adits, underground

support facilities, in situ processing, and underground mining, hauling,

storage, or blasting

ucts, areas used for

the storage and disposal of waste, and areas on which materials incident to

underground mining operations are placed; and

underground

operations incident to underground excavation of coal, such as underground

construction, operation, and reclamation of shafts,

adits, underground

support facilities, in situ processing, and underground mining, hauling,

storage, or blasting.

(Section 1.03(a)(26) of the State Act)

"Unwarranted

failure to comply" means the failure of a permittee to prevent the

occurrence of any violation of the operator's permit or any requirement of the

State Act due to indifference, lack of diligence, or lack of reasonable care,

or the failure to abate any violation of such permit of the State due to

indifference, lack of diligence, or lack of reasonable care.

(Section

1.03(a)(27) of the State Act)

"Valid

existing rights". The definition of "valid existing rights" can

be found in 62 Ill. Adm. Code 1761.5.

"Valley

fill" means a fill structure consisting of any material, other than

organic material, that is placed in a valley where side slopes of the existing

valley, measured at the steepest point, are greater than 20 degrees, or where

the average slope of the profile of the valley from the toe of the fill to the

top of the fill is greater than 10 degrees.

"Violation", when used

in the context of the permit application information or permit eligibility

requirements of sections 507 and 510(c) of the Federal Act and Section 2.08 of

the State Act and related regulations, means:

A failure to comply with an

applicable provision of a federal or State law or regulation pertaining to air

or water environmental protection, as evidenced by a written notification from a

governmental entity to the responsible person; or

A noncompliance for which the Office

has provided one or more of the following types of notice or a State regulatory

authority has provided equivalent notice under corresponding provisions of a

State regulatory program:

A notice of

violation under

taining to air

or water environmental protection, as evidenced by a written notification from a

governmental entity to the responsible person; or

A noncompliance for which the Office

has provided one or more of the following types of notice or a State regulatory

authority has provided equivalent notice under corresponding provisions of a

State regulatory program:

A notice of

violation under 62 Ill. Adm. Code 1843.12;

A cessation order

under 62 Ill. Adm. Code 1843.11;

A final order, bill or demand

letter pertaining to a delinquent civil penalty assessed under 62 Ill. Adm.

Code 1845 or 1846;

A bill or demand letter pertaining

to delinquent reclamation fees owed under 30 CFR 870, effective November 14,

2008 (no incorporation in this Part includes later additions or amendments);

A notice of bond

forfeiture under 62 Ill. Adm. Code 1800.50 when:

One or more violations upon which

the forfeiture was based have not been abated or corrected;

The amount forfeited and collected

is insufficient for full reclamation under Section 1800.50(e)(1), the

regulatory authority orders reimbursement for additional reclamation costs, and

the person has not complied with the reimbursement order; or

The site is covered by

self-bonding approved under 62 Ill. Adm. Code 1800.11(e), that self-bonding system

requires reimbursement of any reclamation costs incurred above those covered by

any site-specific bond, and the person has not complied with the reimbursement

requirement and paid any associated penalties.

"Violation

notice" means any written notification, from a governmental entity,

whether by letter, memorandum, judicial or administrative pleading, or other

written communication, as specified in the definition of violation in this Appendix.

"Water

table" means the upper surface of a zone of saturation, where the body of

ground water is not confined by an overlying impermeable zone

penalties.

"Violation

notice" means any written notification, from a governmental entity,

whether by letter, memorandum, judicial or administrative pleading, or other

written communication, as specified in the definition of violation in this Appendix.

"Water

table" means the upper surface of a zone of saturation, where the body of

ground water is not confined by an overlying impermeable zone.

"Wetland"

means land that has a predominance of hydric soils (soils that are usually wet

and where there is little or no free oxygen) and that is inundated or saturated

by surface or groundwater at a frequency and duration sufficient to support,

and that under normal circumstances does support, a prevalence of hydrophytic

vegetation (plants typically found in wet habitats) typically adapted for life

in saturated soil conditions.  Areas are restored or created as the result of

mitigation or planned construction projects and that function as a wetland are

included within this definition even when all three wetland parameters are not

present.

"Willful"

or "Willfully" means that a person who authorized, ordered or carried

out an act or omission that resulted in either a violation or the failure to

abate or correct a violation, acted:

Intentionally, voluntarily, or

consciously; and

With

intentional disregard or plain indifference to legal requirements.