Sec. 2.02. Contents of Permit Application.

448 words·~2 min read·/il/chapter-225/act-720/2-02

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Each permit application, and each application for revision of a permit, submitted under this Act shall contain all information, maps, surveys, data and other materials which the Department by rule requires, in a form prescribed by the Department by rule. Such rules shall satisfy the requirements for permit applications and for applications for revision of a permit under the Federal Act and Regulations.

(b)If the Department finds that the probable total annual production at all locations of an operation will not exceed 300,000 tons, the Department shall provide assistance under this subsection to that operator to the extent required under the Federal Act. The following shall be performed for such operator by a qualified public or private laboratory designated by the Department to the extent required by the Department by rule to be part of such operator's application, and if such operator requests such assistance in writing:

(1)the determination of probable hydrologic consequences, including the engineering

analyses and designs necessary for the determination;

(2)the development of cross-section maps and plans;

(3)the geologic drilling and statement of results of test borings and core samplings;

(4)the collection of archaeological information and any other archaeological and

historical information required by the Department, and the preparation of plans necessitated thereby;

(5)pre-blast surveys; and

(6)the collection of site-specific resource information and production of protection

and enhancement plans for fish and wildlife habitats and other environmental values required by the Department under this Act.

The cost of the preparation of such determinations, test borings, core samplings and statements for such operator shall be paid by the Department to the extent required under the Federal Act. A coal operator that has received assistance pursuant to this subsection shall reimburse the regulatory authority for the cost of the services rendered if the program administrator finds that the operator's actual and attributed annual production of coal for all locations exceeds 300,000 tons during the 12 months immediately following the date on which the operator is issued the surface coal mining and reclamation permit.

(c)With respect to applications for surface mining operations in cases where the private mineral estate has been severed from the private surface estate, the applicant shall submit to the Department with the application either

(1)the written consent of the surface owner to the extraction of coal by surface mining operations,

(2)a conveyance that expressly grants or reserves the right to extract the coal by surface mining operations, or

(3)if the conveyance does not expressly grant the right to extract coal by surface mining operations, a determination in accordance with State law of the surface-subsurface legal relationship.