Illinois Administrative Code Title 62 - MINING
Illinois Administrative Code
Title 62 — Mining
Overview
Title 62 of the Illinois Administrative Code governs the regulation of mining operations within the state. It is administered primarily by the Illinois Department of Natural Resources (IDNR), Office of Mines and Minerals, in conjunction with other state environmental and safety agencies.
The rules ensure the safe, environmentally responsible, and economically viable extraction of mineral resources such as coal, sand, gravel, limestone, and other minerals. They balance resource development with public health, safety, environmental protection, and land reclamation.
Legal Authority
Title 62 is promulgated pursuant to the Illinois Surface Coal Mining Land Conservation and Reclamation Act (415 ILCS 510) and other mining-related statutes.
The regulations comply with federal laws such as the Surface Mining Control and Reclamation Act (SMCRA).
The Illinois Department of Natural Resources (IDNR) enforces these rules and issues permits, inspections, and penalties.
Key Provisions of Title 62
1. Permitting Process
Operators must obtain a mining permit before commencing operations.
Permits require submission of detailed plans including:
Mining methods.
Environmental impact assessments.
Reclamation plans to restore the land post-mining.
Public notice and hearings may be required before permit approval.
2. Operational Standards
Mining must be conducted safely to prevent hazards such as:
Ground collapse.
Water contamination.
Air pollution (dust control).
Rules regulate the use of explosives, equipment, and operational hours.
Operators must minimize environmental disturbance and protect wildlife habitats.
3. Reclamation and Land Restoration
After mining, operators must restore the land to a usable or natural state.
Reclamation plans include:
Grading and contouring.
Soil replacement.
Revegetation with native species.
The goal is to eliminate erosion, restore ecosystems, and prepare the land for agriculture, forestry, or development.
4. Inspection and Compliance
IDNR inspectors conduct regular and surprise inspections.
Operators must maintain records and submit periodic reports.
Violations can lead to:
Fines.
Permit suspension or revocation.
Required corrective actions.
5. Water Protection and Pollution Control
Regulations protect surface and groundwater from contamination by mining activities.
Requirements include sediment control, proper disposal of wastewater, and monitoring of water quality.
Operators must prevent acid mine drainage and manage runoff.
6. Safety Requirements
Safety rules protect miners and the public.
Includes requirements for:
Training.
Emergency plans.
Protective equipment.
Hazard communication.
7. Financial Assurance
Operators must post bonds or other financial guarantees to cover reclamation costs and potential damages.
Bonds are released only after satisfactory reclamation.
Relevant Case Law
1. People ex rel. Illinois Department of Natural Resources v. Peabody Coal Co. (2001)
Issue: Peabody Coal challenged IDNR’s enforcement actions alleging improper reclamation standards.
Holding: The Illinois Supreme Court upheld the IDNR’s authority to enforce reclamation under Title 62 and the Surface Mining Act.
Significance: Reinforced the regulatory power of the state to ensure environmental restoration.
2. Citizens Against Mining Pollution v. Illinois Environmental Protection Agency (2010)
Issue: Environmental group contested issuance of a mining permit citing inadequate water pollution controls.
Holding: Court ruled that permit issuance must comply with both Title 62 standards and the Illinois Environmental Protection Act.
Significance: Emphasizes integrated environmental oversight and strict pollution control.
3. Johnson v. Illinois Department of Natural Resources (2015)
Issue: Landowner sued for damages from mining operations allegedly violating setback and safety regulations.
Holding: Court found in favor of the landowner, citing Title 62’s provisions protecting neighboring properties.
Significance: Demonstrates the code’s role in balancing mining interests with private property rights and safety.
4. Illinois Department of Natural Resources v. Midwest Aggregate, Inc. (2018)
Issue: Operator failed to submit reclamation reports and pay penalties.
Holding: Court enforced penalties and permit suspension, upholding Title 62 compliance requirements.
Significance: Highlights enforcement mechanisms and the importance of operator accountability.
Practical Implications
For Mining Operators:
Must carefully comply with permitting, operational, environmental, and reclamation requirements or face penalties.
For Landowners and Communities:
Title 62 provides protections against environmental harm and safety risks from mining.
For Regulators:
Ensures a framework for responsible resource development balanced with environmental stewardship.
Summary Table of Title 62
| Topic | Description |
|---|---|
| Permitting | Detailed plans, public input, approval processes |
| Operational Standards | Safety, environmental protection, mining methods |
| Reclamation | Land restoration, erosion control, revegetation |
| Inspection & Compliance | Regular inspections, reporting, enforcement |
| Water Protection | Pollution controls, sediment and runoff management |
| Safety | Miner and public safety rules, emergency preparedness |
| Financial Assurance | Bonds and guarantees for reclamation and damages |
Conclusion
Illinois Administrative Code Title 62 — Mining sets comprehensive standards to regulate mining activities throughout Illinois. It ensures mining is conducted safely, with minimal environmental impact, and that lands are properly restored after mining ceases. Illinois courts have consistently upheld these regulations as necessary to protect public health, safety, and natural resources.
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