Section 280.10 Definitions

Section 280

Section 280.10  Definitions

Except where the context clearly

requires special meaning, the following terms shall have the following

definitions:

"Adjudicative Hearing" means a formal hearing

pursuant to rules of the Authority, consistent with the Illinois Administrative

Procedure Act [5 ILCS 100].

"Application" means an application for a permit for

a new mine, or an application for an amendment where amendment of a Section 4

permit is required.

"Combined permit" is the permit issued to a new

surface coal mining operation which is required to meet the requirements of

Section 4 and Section 17 of the Surface-Mined Land Conservation and Reclamation

Act and these regulations; or, a previously issued Section 4 permit into which

these regulations incorporate Section 17 conditions.

"Complete Application" means an application which

appears to the Authority to contain information required by the Authority

before application processing begins.

"Consultation" means a discussion, in person, by

telephone or by written communication, concerning possible standards and

conditions of a permit, or factors affecting a determination.

"Determination" is an action by the Authority that

grants permission, directs reclamation or other regulated effort, stipulates

performance standards or criteria, or like action which is within the power and

judgement of the Authority.  Determinations may occur in the course of

operations by a permittee; any determination applicable to permitted operations

shall operate as a condition of the applicable permit.

"Director" means the Director of

the

Department

of

Natural Resources

or such officer, bureau or commission as may

lawfully succeed to the powers and duties of such Director.

"Existing Surface Mine" means the area within the

definition of surface coal mining operations, which possessed a permit under

Section 4 of the Surface-Mined Land Conversation and Reclamation Act prior to

February 3, 1978

"Director" means the Director of

the

Department

of

Natural Resources

or such officer, bureau or commission as may

lawfully succeed to the powers and duties of such Director.

"Existing Surface Mine" means the area within the

definition of surface coal mining operations, which possessed a permit under

Section 4 of the Surface-Mined Land Conversation and Reclamation Act prior to

February 3, 1978.

"Existing Underground Coal Mine" means the area

included within the definition of surface coal mining operations, as to which

notice of opening was filed pursuant to the Coal Mining Act [225 ILCS 705

before February 3, 1978.

"Federal Act" means the Surface Mining Control and

Reclamation Act of 1977 (P.L. 95-87; 30 U.S.C. 1201, et. seq.).

"Federal Surface Regulations" means performance

standards, procedures, definitions, requirements and the provisions of the

following interim rules of the Department of Interior, Office of Surface

Mining:  30 CFR 700.5, 700.11, 710.2, 710.5, 710.11, 710.12, Part 715 (all),

Part 716 (all), and Part 720 (all).

"Federal Underground Mine Regulations" means 30 CFR

717, and such other regulations as are referred to therein.

"Findings" means a factual, technical or legal

finding of the Regulatory Authority.

"Illinois Act" or "Act" means the

Surface-Mined Land Conservation and Reclamation Act, as amended by P.A. 80-1342

[225 ILCS 715].

"Interagency Committee" or "IC" means the

Interagency Committee on Surface Mining Conservation and Reclamation

established for a given permit application pursuant to Section 17 (f) (1) of

the Illinois Act.

"Meeting" means a public meeting, not including a

hearing.

"Mine" means a coal mine.

"New Mine" means a surface coal mining operation

upon which construction commenced after February 2, 1978, or which was opened

for the first time after February 2, 1978.

"Office of Surface Mining" or "OSM" means

the Office of Surface Mining Reclamation and Enforcement in the United States

Department of the Interior

ng" means a public meeting, not including a

hearing.

"Mine" means a coal mine.

"New Mine" means a surface coal mining operation

upon which construction commenced after February 2, 1978, or which was opened

for the first time after February 2, 1978.

"Office of Surface Mining" or "OSM" means

the Office of Surface Mining Reclamation and Enforcement in the United States

Department of the Interior.

"Person" means any individual, proprietorship,

partnership, corporation, joint venture, unit of local government, county,

state or the United States.

"Prime Farmland" means lands defined as prime

farmlands by 30 CFR 716.7(a)(1) and (b).

"Public Hearing" means a quasi-legislative type

hearing held pursuant to rules of the Authority, consistent with the Illinois

Administrative Procedure Act [5 ILCS 100] but may include presentation of

testimony and evidence, and an opportunity for cross-examination.

"Regulatory Authority" or "Authority"

means the Director and Land Reclamation Division in the Illinois Department of

Natural Resources.

"Request for Determination" means a written request

by a permittee or owner or operator of a surface coal mining operation for

permission or a certification of compliance from the Regulatory Authority,

where a permit application is not required, and includes requests for approvals

required to be given by the Regulatory Authority pursuant to the Federal

Surface Regulations or the Federal Underground Mine Regulations where no public

hearing is required.

"Section 4 permit" means a permit required by

Section 4 of the Illinois Act.

"Section 17 conditions" are those conditions of a

permit imposed pursuant to Section 17 of the Illinois Act and these regulations

upon an existing surface mine.

"Section 17 permit" is the permit issued in

accordance with Section 17 of the Illinois Act and these regulations to surface

coal mining operations that are not subject to Section 4 of the Illinois Act

by

Section 4 of the Illinois Act.

"Section 17 conditions" are those conditions of a

permit imposed pursuant to Section 17 of the Illinois Act and these regulations

upon an existing surface mine.

"Section 17 permit" is the permit issued in

accordance with Section 17 of the Illinois Act and these regulations to surface

coal mining operations that are not subject to Section 4 of the Illinois Act.

"Section 4 Regulations" means the Rules of the

Illinois Department of Natural Resources adopted pursuant to Section 12 of the

Illinois Act and applicable to persons or operations required to obtain a

permit pursuant to Section 4 of the Illinois Act.

"Surface coal mining operation" includes both

surface and underground coal mining operations as defined in Section 701 (28)

of the Federal Act and 30 CFR 700.5

"Surface Mining" means surface mining for coal as

defined in the Illinois Act, Section 3(c) [225 ILCS 715/3].