# 62 Ill. Adm. Code 280.90: Section 280.90 Transitions

> Illinois · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T62_P280_S280_90

## Section

- **Citation:** 62 Ill. Adm. Code 280.90
- **Heading:** Section 280.90 Transitions
- **Jurisdiction:** Illinois
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Illinois Administrative Code / Title 62 MINING / CHAPTER I: DEPARTMENT OF NATURAL RESOURCES / Part 280 ILLINOIS SURFACE COAL MINING OPERATIONS / Section 280.90 Transitions

## Text

Section 280
Section 280.90  Transitions
a)         The provisions of The Surface-Mined Land Conservation and
Reclamation Act as amended (Ill. Rev. Stat. ch. 96½, pars. 4501-4520) and
corresponding regulations shall remain in effect insofar as they apply to the
mining of coal as defined in 30 CFR 700.5, until the publication in the Federal
Register of notice of the approval, conditional or unconditional, of the proposed
Illinois permanent program by the Secretary of the Interior.
b)         The effectiveness of Articles I through VIII of The Surface
Coal Mining Land Conservation and Reclamation Act, (Ill. Rev. Stat. 1981, ch.
96 ½, par. 7901.01 et seq.) approved September 22, 1979, and any regulations
promulgated in the Federal Register of Notice of the approval, conditional or
unconditional, of the proposed Illinois permanent program by the Secretary of
the Interior.
c)         All permits issued under The Surface-Mined Land Conservation
and Reclamation Act and regulations promulgated thereunder, and bonds accepted
therewith, will remain effective and valid, and are hereby extended to the
earliest in occurrence of the following:  8 months after the effective date of
the Secretary's approval of a State program, or the date of approval of a
permit application under an approved State program; provided, however, that a
person conducting surface coal mining operations under a permit from the State
Regulatory Authority, issued in accordance with the provisions of the Section
17 Interim Regulations for Illinois Surface Coal Mining Operations may conduct
such operations beyond such period if an application for a permit has been
filed in accordance with the provisions of the Federal Surface Mining Control
and Reclamation Act of 1977, but the decision on the application has not been
made
e
Regulatory Authority, issued in accordance with the provisions of the Section
17 Interim Regulations for Illinois Surface Coal Mining Operations may conduct
such operations beyond such period if an application for a permit has been
filed in accordance with the provisions of the Federal Surface Mining Control
and Reclamation Act of 1977, but the decision on the application has not been
made.
d)         Any operator may elect to submit an informal application for a
permit to conduct surface coal mining operations at any time after August 1,
1980, including in the application information which will be required under The
Surface Coal Mining Land Conservation and Reclamation Act.
e)         Nothing in these Transition Rules is to be construed to change
or affect the applicable law and regulations governing the aggregate mining
industry as defined in the Surface-Mined Land Conservation and Reclamation Act,
as amended.
f)         To the extent consistent with the Surface Coal Mining Land
Conservation and Reclamation Act, all bonds, plans, duties and requirements
pursuant to "The Open Cut Land Reclamation Act," approved August 10,
1961, as amended, and "The Surface-Mined Land Conservation and Reclamation
Act," approved September 17, 1971, as amended, shall remain in full force
and effect with respect to mining commenced prior to the effective date of the
Surface Coal Mining Land Conservation and Reclamation Act.

## Nearby sections

- [62 Ill. Adm. Code 280.10 Section 280.10  Definitions](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T62_P280_S280_10.md)
- [62 Ill. Adm. Code 280.20 Section 280.20  General Provisions](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T62_P280_S280_20.md)
- [62 Ill. Adm. Code 280.30 Section 280.30  Existing Surface Mines](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T62_P280_S280_30.md)
- [62 Ill. Adm. Code 280.40 Section 280.40  Existing Underground Coal Mines](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T62_P280_S280_40.md)
- [62 Ill. Adm. Code 280.50 Section 280.50  New Surface Mines](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T62_P280_S280_50.md)
- [62 Ill. Adm. Code 280.60 Section 280.60  New Underground Coal Mines](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T62_P280_S280_60.md)
- [62 Ill. Adm. Code 280.70 Section 280.70  Prime Farmland Determinations and Findings](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T62_P280_S280_70.md)
- [62 Ill. Adm. Code 280.80 Section 280.80  Enforcement Procedures](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T62_P280_S280_80.md)
- [62 Ill. Adm. Code 280.90 Section 280.90  Transitions](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T62_P280_S280_90.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T62_P280_S280_90. Check the current official text before relying on it. Not legal advice.
