SB0357sam003 95TH GENERAL ASSEMBLY

Sen. William R. Haine

Filed: 3/22/2007

09500SB0357sam003 LRB095 10696 RAS 33780 a

AMENDMENT TO SENATE BILL 357

AMENDMENT NO. ______. Amend Senate Bill 357, AS AMENDED, by replacing everything after the enacting clause with the following:

"Section 1. Short title. This Act may be cited as the Illinois Underground Aggregate Blasting Act.

Section 5. Statement of Policy. It is declared to be the policy of this State to provide for the protection of lands affected by underground aggregate mining operations by regulating underground blasting to limit property damage to surface landowners and to protect the general welfare.

Section 10. Definitions. In this Act:

"Aggregate mining industry" means producers, by underground mining method, of all minerals other than coal, including without limitation sand, gravel, silica sand, shale, clay, limestone, and any other mineral which may be so mined for the production of a commodity.

"Blasting operations" means the process of shot design, layout, drilling, loading, detonation, and record keeping.

"Department" means the Department of Natural Resources.

"Operator" means any person, firm, partnership or corporation engaged in and controlling an underground mining operation. "Operator" includes political subdivisions and instrumentalities of this State.

"Underground mining" means extraction of all minerals, other than coal, including without limitation sand, gravel, silica sand, shale, clay, limestone, and any other mineral which may be so mined from beneath the surface for the production of a commodity.

Section 15. Blasting operations; regulation.

(a) Blasting operations at underground mining sites operated by the aggregate mining industry shall be conducted only in accordance with State and federal law and rules adopted by the Department, with the advice of the aggregate mining industry.

(b) Rules adopted pursuant to this Section shall be consistent with the Department's rules governing other blasting operations within the State to the extent applicable to underground aggregate blasting and shall include provisions requiring each of the following:

(1) The maintenance of blasting records for a period of at least 3 years and that the records be made available for Department inspection and copying; however, these on-site blasting records, as they relate to detonation, are deemed to be proprietary information.

(2) The control of blasting operations so as to prevent injury to persons and damage to public and private property outside the blasting site.

(3) That all blasting operations be conducted or supervised by trained and competent persons licensed by the Department.

(4) That blasting operations be subject to ground vibration monitoring, as necessary to limit property damage and protect public safety.

(5) The issuance of notices of violation in the event of a violation of the Department's blasting rules.

(6) The issuance of orders requiring the cessation of blasting operations in the event of a violation of the Department's blasting rules that may cause injury to persons or damage to public and private property outside the blasting site.

(7) The assessment of civil penalties and the initiation of formal administrative hearings to resolve violations of the Department's blasting rules.

(c) The Department shall adopt rules requiring the training, examination, and licensing of persons engaging in or responsible for the blasting operation or use of explosives in underground aggregate mining operations. The rules shall include an administrative enforcement process designed to correct infractions of the terms of blasting licenses issued by the Department. These rules may also include a fee schedule designed to defray the costs associated with the Department's examination and licensing of persons engaging in or responsible for the blasting operation or use of explosives in aggregate mining operations. These rules shall be consistent with the Department's existing rules governing other blasting operations within the State.

(d) The initial rules adopted under this Section shall become effective one year after the rules are adopted by the Department.

Section 20. Entry upon land for inspection. A designated representative of the Department may enter upon the lands of the operator at all reasonable times for the purpose of inspection in order to determine whether the provisions of this Act have been complied with.

Section 25. New mine; notice. Any operator desiring to open a new underground mining operation shall notify the Department of his or her intention before any work is commenced and furnish the Department with a legal description of the proposed location of the mine and the post office address.

Section 30. Administration.

(a) In addition to the duties and powers of the Department prescribed by the Civil Administrative Code of Illinois, the Department shall have full power and authority to carry out and administer the provisions of this Act. These powers shall include without limitation the imposition of the following fees to enable the Department to carry out the requirements of this Act:

(1) A registration fee of $300 assessed on July 1 of each calendar year that is due from each operator engaged in and controlling an underground mining operation. The registration fee shall be accompanied by a registration form, provided by the Department, which shall indicate the mailing address and telephone number of the operator, the location of all mining operations controlled by the operator, the minerals being mined, and other information deemed necessary by the Department. A $300 registration fee is the maximum registration fee due from a single operator each calendar year regardless of the number of sites under the operator's control.

(2) An additional fee of $100 assessed on July 1 of each calendar year for each site that was actively engaged in underground mining during the preceding 12 months that is due from the operator engaged in and controlling the underground mining operation.

(3) An additional fee of $250 assessed on July 1 of each calendar year that is due from each operator engaged in and controlling an underground mining operation where blasting operations occurred during the preceding 12 months.

(b) Fees shall be assessed by the Department commencing July 1, 2008 for every underground mine operator, active underground mining site, and active underground aggregate blasting operation of record as of that date and on July 1 of each year thereafter. The fees under this Section are in addition to any other fees required by law and shall be deposited into the Aggregate Operations Regulatory Fund.

(c) All fees assessed under this Section shall be submitted to the Department no later than 30 days after the date listed on the Department's annual fee assessment letter sent to the underground mine operator. If the operator is delinquent in the payment of the fees assessed under this Section, no further documentation of compliance may be issued to the operator until the delinquent fees have been paid. Moreover, if the operator is delinquent for more than 60 days in the payment of fees assessed under this Section, the Department shall take action to enjoin further underground mining and aggregate blasting operations until all delinquent fees are paid. No liability whatsoever shall accrue to the Department in closing down any operator pursuant to this Section.

Section 35. Illinois Administrative Procedure Act. The Illinois Administrative Procedure Act is hereby expressly adopted and shall apply to all administrative rules and procedures of the Department under this Act.

Section 40. Severability clause. If any Section, subdivision, clause, sentence, or paragraph in this Act shall be held to be unconstitutional, the unconstitutionality thereof shall not affect the remaining parts of this Act.

Section 43. Local ordinances, resolutions, and agreements. Notwithstanding the provisions of Section 45 of this Act, the provisions of any ordinance or resolution adopted by a unit of local government or any agreement entered into between the operator of an underground aggregate mine and a unit of local government before the effective date of this Act that concern the times during which blasting operations are permitted within the unit of local government shall remain in full force and effect until such time as the ordinance or resolution is repealed or the agreement is mutually rescinded by the parties.

Section 45. Home rule. The regulation of blasting operations at underground aggregate mining operations is an exclusive power and function of the State. A home rule unit may not regulate blasting operations at underground aggregate mining operations, except as provided in Section 43 of this Act. This Section is a denial and limitation of home rule powers and functions under subsection (h) of Section 6 of Article VII of the Illinois Constitution.".