Section 300.20 Permits

Section 300

Section 300.20  Permits

a)         Who Must Apply For a Permit

1)         A surface mining permit shall be required where:

A)        Overburden exceeds 10 feet in depth, or

B)        Where the surface mining and overburden area will affect more

than 10 acres during the period of one year which shall be measured from July 1

to June 30 of the following year.

2)         Gob refuse disposal areas and slurry ponds created or

laterally extended in conjunction with surface mining operations for which a

permit is necessary as described in (a)(1) above shall be required to have Gob

Refuse Disposal Permits or Slurry Pond Refuse Disposal Permits issued by the

Department.

b)         How to Calculate Affected Acreage

1)         In order to calculate affected acreage for permit purposes

under the Act and this Part, land shall be counted as being affected only one

time during the life of a bond, and said land shall be affected during the

permit period it is initially mined or converted to refuse disposal use.

2)         "Affected land," following reclamation and release

of bond, shall be considered to revert back to its original character as

unmined land and should an application be made to reopen or remine the same

land or a portion thereof, the same land shall be governed by the provisions of

the Act as if such land never before had been mined or affected.

c)         Types of Permits

1)         The following types of permits shall be issued by the

Department:

A)        Surface Mining Permit

B)        Gob Refuse Disposal Permit

C)        Slurry Pond Refuse Disposal Permit

2)         No operator who holds a permit to engage in surface mining by

this Department may create or extend gob piles or slurry ponds for refuse

disposal without a permit for such gob refuse or slurry pond refuse issued by

the Department upon conditions consistent with the Act and this Part

Surface Mining Permit

B)        Gob Refuse Disposal Permit

C)        Slurry Pond Refuse Disposal Permit

2)         No operator who holds a permit to engage in surface mining by

this Department may create or extend gob piles or slurry ponds for refuse

disposal without a permit for such gob refuse or slurry pond refuse issued by

the Department upon conditions consistent with the Act and this Part.

d)         Where and How to Apply For a Permit

1)         Applications, notices, and other communications under the Act

and this Part shall be:

A)        delivered to an authorized representative of the Surface Mined

Land Reclamation Division of the Department, or

B)        addressed to:

Illinois Department of Natural Resources

Office of Mines and Minerals

One Natural Resources Way

Springfield, Illinois  62702-1271

2)         For purposes of the Act and of this Part, applications,

notices, and other communications shall be deemed to have reached the

Department on that day when it is actually received by the Department or an

authorized representative of the Department.

3)         All forms submitted to the Department shall be executed by the

operator, or his authorized representative.

4)         A separate permit shall be required for each geographically

distinct mining site.

5)         A separate application shall be submitted for each type permit.

6)         Applications for permits shall be submitted on official forms

provided by the Department.

e)         Validity Period of a Permit; Mandatory Action by the

Department; Alterations and Corrections to Applications; Penalties for Failure

to Comply

1)         Validity Period of a Permit

A)        A surface mining permit shall be effective from the date of its

issuance until the tenth succeeding June 30, or until the termination date on

the permit if said date will occur prior to the tenth succeeding June 30.

B)        A gob refuse disposal permit shall be valid from the date of

issuance for the active life of the disposal area

to Comply

1)         Validity Period of a Permit

A)        A surface mining permit shall be effective from the date of its

issuance until the tenth succeeding June 30, or until the termination date on

the permit if said date will occur prior to the tenth succeeding June 30.

B)        A gob refuse disposal permit shall be valid from the date of

issuance for the active life of the disposal area.

C)        A slurry pond refuse disposal permit shall be valid from the

date of issuance for the active life of the disposal area.

2)         Mandatory Action by the Department; Notice of Later Decision

A)        The Department shall take final action on an application and

plan within 120 days after the date of the filing of an application for a

permit under Section 300.60(a) of this Part.  If no action on an application is

taken by the Department within this time period, the permit applied for is

deemed to be granted and the reclamation plan submitted with that application

is deemed to be approved.  But, if the Department gives written notice to the applicant

that it will taken action later than 120 days after the date of the filing of

an application for a permit, then the permit applied for is not deemed to be

granted and the reclamation plan is not deemed to be approved when the 120 day

period elapses.

B)        In the event the Department gives written notice of a later

decision (other than for a correction or alteration to an application as

provided for in Section 300.20(e)(4)) the Department shall establish a

reasonable time for the final action.

3)         Applications for Refuse Disposal Permits

Applications for Refuse Disposal Permits are subject to the

same requirements of the Act and this Part as are applicable to the

applications for Surface Mining Permits, except as may otherwise be

specifically provided by the Act or this Part.

4)         Alterations or Corrections to Applications for Permits

The Department may from time to time require an applicant to

alter or correct his application

ations for Refuse Disposal Permits are subject to the

same requirements of the Act and this Part as are applicable to the

applications for Surface Mining Permits, except as may otherwise be

specifically provided by the Act or this Part.

4)         Alterations or Corrections to Applications for Permits

The Department may from time to time require an applicant to

alter or correct his application.  Such requirement shall be in writing to the

applicant and such written communication to the applicant shall be considered

to be notice of a later decision under subparagraph (e)(2)(A) of this Section.

A copy of such written requirement shall be sent by first class mail to the

County Clerk at the county seat of each county containing lands to be affected

under the permit applied for, with directions that such copy be forwarded to

the residence of the presiding officer of the county board or commissioner.

After such alteration or correction is made by the applicant, is received by

the Department, and is deemed satisfactory to the Department, the 120 day

period begins again, less the number of days between the date of filing of the

application for a permit and the date of notice given by the Department.

5)         Penalties for Failure to Comply

Anyone who engages in surface mining or any of its related

activities without a permit as required by the Act and this Part is subject to

the penalties set forth in the Act and in this Part.