RECEIVED

CLERIcS 0

FICE

Illinois

Department of

I

Natural

Resources

PoUu~cn~A’M2~eyich,

Governor

One

Natural

Resources

Way

Springfield,

Illinois

62702-1271

Joel Brunsvcld,

Director

http://dnr. state-il. us

August

10,

2005

Dorothy Gunn, Clerk

Illinois Pollution Control

Board

100W.

Randolph,

Suite

11-500

Chicago,

IL 60601

Re:

Proposed New

and Updated Rules for Measurement and Numerical Sound Emission

Standards/Amendments

to 35

III. Adm.

Code

901

and

910/Docket R03-9

Summary of Testimony

Dear Ms.

Gunn:

Pursuant to

Hearing Officer Tipsord’s June 8, 2005

Order, the following summary of testimony is

being submitted

by

the

Illinois

Department of Natural

Resources

(IDNR),

Office of Mines

and

Minerals, Mine Safety

and Training

Division in reference to the above referenced amendments.

The Department will provide testimony

describing the Department’s

aggregate

and

coal

blaster certification, monitoring and licensing procedures. This testimony will include, but

will

not

be

limited

to

a

description

of the

eligibility

requirements

for

licensure

and

certification (two years blasting experienceor direct involvement with preparing 120 blasts).

Information regardingthe Department’s monitoring ofsurface aggregateand coal operations

utilizing sophisticated seismographs which record wound vibration and airover~pressui~e

(air

blast).

Information

relating

to

the

established

regulatory

parameters

requiring

the

site

operators to monitor

air blast and ground vibration. Testimony

regarding the utilization of

established limits forairblast and wound vibration

and

associated punitive and administrated

penalties for non-compliance.

The

Department

will

provide

testimony

concerning

the

Department’s

comprehensive

inspection

and

permitting

procedures.

This

testimony

will

provide

an

overview

of the

structure of Department’s

regulatory program which includes

12

staff members, of which

8 are field inspectors, based at the Department’s three regional offices located

inflttawa,

IL,

Springfield,

IL

and

Benton,

IL.

In

addition

this

section of testimony

will

address

the

statutorily

required

quarterly

coal

operation

inspections

as

well

as

statutorily

required

aggregate operation inspections.

Included within this section willbe

a briefsummaryof the

10+ year history of the aforementioned

regulatory program.

The Department willreference sections 300.200 through 300.250 under 62

Ill. Admin. Code

Part

300

(see

enclosed) which

pertain

to

surface aggregate blasting

governed under

the

Surface Mined Land Conservation and Reclamation Act.

Printed on recycled

and recyclable paper

---

The Department

will

reference

sections

1816.6!

through

1816.68

and

1817.61

through

1817.68

under

62

Illinois Administrative

Code Parts

1816

and

1817 (see

enclosed) which

pertain to Permanent Program performance standards for surface coal mining operations and

underground

coal mining operations respectively governed under the Surface Coal

Mining

Land Conservation and Reclamation Act.

As

the IDNR has respectively suggested

in

its

comments

to

the

above referenced

amendments,

surface

aggregate

and

coal

blasting

provisions

of these statutes

be

deferred

to

our

agency for

regulation.

Such defermentwould helpprevent inconsistences and redundancies between regulatory

authorities

with distinct and separate regulatory roles.

Sincerely,

~.

~Natfl~

Jo e

.

Angleton, Office Director

Office of Mines and Minerals

cc:

N.Banach

N.Williams

M.Falter

J.Hafliger

Service List

Printed

on

recycled and

recyclable paper

---

62 II.~LNOIS ADMINISTRATIVE CODE

CH.

I,

Sec.

1816.61

Section

1816.61

Use of Explosives:

General Requirements

a)

Each

person

who

conducts

surface

mining

activities

shall

comply

with

all

applicable State and Federal laws in

the use of explosives.

b)

All blasting operations shall be

conducted by

persons certified by the Department

in accordance with 62

Ill.

Adm.

Code

1850.

c)

Blast design.

1)

An

anticipated blast design

shall

be

submitted

if blasting

operations

will

be conducted within:

A)

One

thousand

(1,000)

feet

of

any

building

used

as

a

dwelling,

public

building,

school,

church,

or

community

or

institutional

building

outside the permit

area; or

B)

Five

hundred

(500)

feet

of an

active

or

abandoned

underground

mine.

2)

The blast design may

be presented

as part of the permit application

or

at a

time, before the blast, approved by the Department.

3)

The blast design shall

contain

sketches ofthe drill

patterns, delay periods,

and

decking

and

shall

indicate

the type

and

amount of explosives

to

be

•used,

critical

dimensions,

and

the

location

and

general

description

of

structures

to

be

protected,

as well

as

a

discussion

of design

factors

to

be

used, which

protect

the public

and

meet

the

applicable

air blast,

flyrock,

and

ground vibration standards in

Section

1816.67.

4)

The blast design shall be prepared and signed by

a certified blaster.

(Source: Amended at

11111. Reg.

8131,

effective July

1,

1987)

---

62

ILLINOIS

ADMINISTRATIVE CODE

CH.

I,

Sec.

1816.62

Section

1816.62

Use of Explosives:

Pre-Blasting Survey

a)

At

least thirty (30) days before

initiation of blasting

in a permit

area, the operator

shall notify,

in

writing,

all

residents

or owners

of structures

located

within

one-

half (½)

mile of the permit area how to request

a pre-blast or condition survey.

b)

Upon written request

to

the Department

and the person who conducts the surface

mining

activities

by

a

resident or owner of a dwelling

or structure that

is

located

within one-half

(‘/2)

mile of any portion of the permitted area, or by the owner of a

dwelling or

stmucture

at a

distance

greater than one-half

(‘/2)

mile

from the permit

area but within one

(1) mile of the blasting

area and

within an

area determined3oy

the

Department

to

be

appropriate

in

a

particular

situation

on

the

basis

of

complaints

or

other

information

received

by

the

Department,

the

person

who

conducts

the

surface

mining

activities

shall

promptly

conduct

a

pre-blasting

survey or a condition

survey ofthe dwelling or structure.

For any structure where,

in

accordance

with

this

Section,

a

survey

has

been

requested

by

a

previous

resident or

previous owner and

the survey has been conducted

by

the

permittee

and

copies

of the

survey

report

have

been

provided

to

the

previous

owner

or

resident

and

the Department,

the permittee

shall

only

be

required

to

provide

a

copy of the previously completed survey report

to

any

new or subsequent

owner

upon written request by the new or subsequent owner.

If a structure is renovated,

modified, or added to,

subsequent to

a pre-blast survey or

a condition survey, then

upon

request

to

the

Department

a

survey

of such

additions,

modifications

and

renovations shall be performed

in

accordance with this

Section.

c)

The

survey

shall

determine

the

condition

of

the

dwelling

or

structure

and

document

any

pre-blasting

or

existing

damage

and

other

physical

factors

that

could

reasonably

be

affected

by

the

blasting.

Structures

such

as

pipelines,

cisterns,

wells

and

other

water

systems

warrant

special

attention

such

as

the

review

of

construction,

drilling

or

completion

specifications;

however,

the

assessment of these structures may be

limited

to surface conditions.

d)

Any surveys requested

more than ten

(10) calendar days

prior

to

the published

scheduled beginning ofblasting

shall be completed by the operator before thtstart

of blasting.

If the

request

is

made

after

the

start

of

blasting

the person

who

conducts

the

surface

mining

activity

shall

conduct

a

condition

survey

of

the

dwelling

or structure.

A condition survey shall contain information

identical

to a

pre-blasting

survey.

The

intent

of

this

Section

is

to

provide

for

either

a pre-

blasting or condition survey only.

e)

A written report

of the

survey

shall

be

prepared and

signed

by

the person who

conducted

the survey.

The report

may

include

recommendations of any

special

conditions

or

proposed

adjustments

to

the

blasting

procedure

which

should

be

---

62

ILLINOIS ADMINISTRATIVE CODE

CH. I,

Sec.

1816.62

incorporated

into the blasting

plan

to

prevent damage.

Copies of the report

shall

be

provided

to

the person

requesting

the

survey

and

to

the

Department

within

thirty (30) days of the date the survey was completed.

If the person requesting the

survey disagrees with

the results of the survey, he

or

she may notif~’,in

writing,

both

the

permittee

and

the

Department

of

the

specific

areas

of disagreement.

Instructions as to

whom

and

to

where the written comments

on the results of the

survey should be

forwarded shall be

included with the survey report.

(Source: Amended at

11111. Reg.

8131,

effective July

1,

1987)

---

62

ILLINOIS ADMINISTRATIVE CODE

CH.

I,

Sec.

1816.64

Section

1816.64

Use of Explosives:

Public Notice ofBlasting Schedule

a)

All blasting

shall

be

conducted

from

sunrise to

sunset,

and

at

times

announced in

the blasting

schedule.

The Department

shall

limit

the

area

covered,

timing

and

sequence of blasting,

as

listed

in

the

schedule,

if

such limitations

are necessary

and reasonable in order to protect public health,

safety or welfare.

b)

Unscheduled blasting may be

comiucted only where public

or operator health and

safety

so

require. When

an

operator conducts

an

unscheduled blast,

the operator,

using

audible

warning

signals,

shall

notify residents within one-half mile of the

blasting

site and

document

the reason(s)

for the unscheduled blast

in

accordance

with

Section

1816.68(a)(17).

Unscheduled

blasting

does

not

include

nighttime

blasting, which

is prohibited

at all

times.

c)

Blasting

schedule publication.

1)

Each

person

who

conducts

surface

mining

activities

shall

publish

a

blasting

schedule

at

least

ten

days,

but

not

more

than

30

days,

before

beginning

a

blasting

program

in

which

blasts

that

use more

than

five

(5)

pounds• of explosive or blasting agent are detonated. The blasting schedule

shall

be

published in

a

newspaper of general

circulation

in

the locality

of

the blasting site.

2)

Copies

of the schedule shall

be

distributed

by

mail

to

local

governments

and

public

utilities

and

mailed

or

delivered

to

each

residence

within

one-half mile

of

the

proposed

blasting

area

and

to

every

other

person

within or outside such area to whom

the Department requires to be mailed,

and daily notices shall be provided

to such persons prior to any blasting.

3)

The person who conducts the surface mining

activities

shall

republish

and

redistribute the schedule by

mail

at least

every

12

months

and

revise and

republish

the

schedule

at

least ten

days but not

more than

30 days before

blasting

in

areas

not

covered

in

the

current

schedule

or

if

the

actual

blasting

times

differ

from

the

time

periods

listed

in

the

current schedule

for more than 20

of the blasts fired.

-

d)

The blasting

schedule shall contain at a minimum:

I)

Identification ofthe specific

areas in which blasting will take place;

2)

Dates and time periods when explosives are to be detonated;

3)

Methods to be

used to control access to the blasting area;

---

62

ILLINOIS ADMINISTRATIVE CODE

CH.

I.

Sec.

1816.64

4)

Types ofaudible warnings and all-clear signals

to be

used before and

after

blasting, and

5)

Name, address, and

telephone number of operator.

e)

Public notice of changes in blasting schedules. Before blasting

in

areas or at times

not

in

a previous schedule, the person who

conducts the

surface

mining activities

shall prepare a revised schedule according to the procedures in subsections

(c) and

(d).

(Source:

Amended at 22 Ill. Reg. 20228,

effective November

5,

1998)

---

62

ILLINOIS ADMIMSTRATIVE CODE

CH.

I, Sec.

1816.66

Section 1816.66

Use of Explosives:

Blasting Signs, Warnings, and

Access Control

a)

Blasting

signs

shall

meet

the

specifications

of

Section

1816.11.

The

operator

shall:

1)

Conspicuously

display

signs

reading

“Blasting

Area”

along

the

edge

of

any

blasting

area that

comes

within

100

feet

of any

public

road

right-of-

way, and

at

the point where

any other road provides

access

to

the blasting

area;

and

2)

At

all

entrances

to

the permit

area from public

roads or highways,

place

conspicuous

signs which

state

“Warning!

Explosives

in

Use”

and

which

clearly

list

and

describe the meaning of the audible

blast warning

and

all-

clear

signals

that

are

in

use,

and

which

explain

the

marking of blasting

areas and charged holes awaiting

firing within the permit

area.

b)

Warning

and

all-clear

signals

of different

character or

pattern

that

are

audible

within one-half mile of the blast

shall

be

given.

Each

person within

the permit

area and

each person who resides

or regularly

works

within one-half mile

of the

permit area shall be

notified of the meaning of the signals in

the blasting schedule.

The

requirement

to

supply

daily

notice

may

be

fulfilled by

the audible

warning

signals.

c)

Access

to

the blasting area shall be

controlled to

prevent the presence of livestock

or unauthorized

personnel during

blasting

and

until

an

authorized

representative

of

the

person

who

conducts

the

surface

mining

activities

has

reasonably

determined:

1)

That

no

unusual

circumstances,

such

as

imminent

slides

or

undetonated

charges, exist;

and

2)

That access to and

travel in

or through the area can be

safely resumed.

d)

Proximity to buildings and other facilities

1)

Blasting

shall

not

be

conducted

within

300

feet of any

building used as

a

dwelling

unless

waived

by

the

owner

or

within

300

feet

of

a

school,

church, hospital, or nursing facility.

2)

Blasting

shall

not

be conducted

within

100

feet of facilities including,

but

not

limited

to,

disposal

wells,

petroleum

or

gas

storage

facilities,

municipal

water

storage

facilities,

fluid-transmission

pipelines,

or

water

---

62

ILLINOIS ADMINISTRATIVE CODE

CH.

I.

Sec.

1816.66

and sewage

lines unless

a waiver is obtained from

the owner ofthe facility

and submitted to the Department prior to blasting within

100 feet.

(Source: Amended at 22 Ill.

Reg.

20228,

effective November

5,

1998)

---

62

ILLINOIS ADMINISTRATIVE CODE

CH.

I.

Sec.

1816.67

Section 1816.67

Use of Explosives:

Control of Adverse Effects

a)

Blasting

shall

be

conducted

to

prevent

injury

to

persons,

damage

to

public

or

private

property

outside

the

permit

area,

adverse

impacts

on

any

underground

mine,

and change

in the course, channel

or availability of ground or surface water

outside the permit area.

b)

Air blast limits

1)

Air blast shall

be

controlled so

that

it does not

exceed the values specified

below at

any

dwelling,

public building,

school,

church,

or commercial

or

institutional

structure, unless

such

structure is

owned by

the person who

conducts

the

surface

mining

activities

and

is

not

leased

to

any

other

person.

If

a

building

owned

by

the

person

conducting

surface

mining

activities

is

leased

to

another

person,

the

lessee

may

sign

a

waiver

relieving

the

operator

from

meeting

the

air

blast

limitations

of

this

subsection.

The

waiver

shall

be

submitted

to

the

Department

before

beginning blasting.

Lower frequency limit of

Maximum

measuring system, Hz +3dB

level

in dB

0.1

Hz or lower--flat response*

134 peak

2.0 Hz or lower--flat response

133 peak

6.0 Hz or lower--flat response

129 peak

*Only when approved by the Department

2)

The

measuring

systems

used

shall

have

a

flat

frequency

response of

at

least

200 Hz at the upper end.

3)

The person who conducts blasting may satisfy the provisions of subsection

(b)

by

meeting

any of the

three

specifications

in

the chart

in

subsection

(b)(1).

4)

If

necessary

to

prevent

damages

specified

in

subsection

(a),

the

Department

shall

specify

lower maximum allowable

air blast

levels than

those

in

subsection

(b)(1)

for

use

in

the

vicinity

of

a

specific

blasting

operation.

c)

Air blast monitoring

-

1)

When the cube

root

scaled distance,

as defined

in

subsection

(c)(2),

to the

nearest

dwelling,

public

building,

school,

church,

or

commercial

or

institutional

structure

has

a

value less

than

350

and

when the burden

to

---

62

ILLINOIS ADMINISTRATIVE CODE

CH.

I,

Sec.

1816.67

hole depth ratio

is greater than

1.0,

or the top

stemming height is less than

70

of the burden

dimension, the air blast produced by

that blast

shall be

measured, recorded,

analyzed,

and

reported pursuant

to

subsection (g) of

this

Section

and

Section

1816.68(b).

This

subsection

shall

not

apply

to

horizontal blast holes drilled

from the floor of the pit.

2)

Cube

root

scaled distance

equals the distance,

in

feet,

from

the blast

to

a

specified

location

divided

by

the

cube

root

of the

maximum

weight of

explosives, in pounds, to be

detonated in any eight millisecond period.

3)

To

ensure

compliance

with

the

limits

contained

in

this

Section,

the

Department

may require an

air blast measurement of any or all blasts,

and

may specify the location of such measurements.

d)

Flyrock,

including blasted material

traveling in

the

air, or along the ground, shall

not

be

cast beyond

the permit

boundaries or beyond

the area of regulated access

required

under

Section

1816.66(c),

or

more

than

one-half the

distance

to

the

nearest dwelling

or other occupied structure.

e)

Ground vibration limits

1)

In

all

blasting

operations, except

as

otherwise authorized

in

this

Section,

the maximum peak particle velocity shall

not

exceed one

inch per second

at

the

location

of

any

dwelling,

public

building,

school,

church,

or

commercial or

institutional

building.

At

distances greater than

5,000

feet

•from the blast

to any

structures described in this subsection,

the maximum

allowable

peak particle velocity shall

not

exceed

0.75

inch per

second

at

the

locations

of the

structures described

in

this

subsection.

At

distances

less

than

300

feet

from

the

blast

to

any

structures

described

in

this

subsection, the maximum allowable peak particle velocity shall not exceed

1.25

inch per

second

at

the

locations

of the

structures described

in

this

subsection.

These

limits

shall

apply

separately

to

each

component

of

motion

as defined in

subsection (g).

The Department

shall

reduce peak

particle

velocity

limits

if

determined

necessary

to

provide

damage

protection,

if so recommended

in

any pre-blast sprvey or condition survey

report provided pursuant to Section

1816.62.

2)

Blasting

shall

be

conducted

to

prevent

adverse

impacts

on

any

underground

mine

and

changes

in

the course,

channel,

or availability

of

ground or surface water outside the permit

area.

Ground

vibration

limits,

including

the

maximum

peak

particle

velocity

limitation

of

subsection

(e)(l), shall not apply at the following locations:

---

•

62

ILLINOIS ADMINISTRATIVE CODE

CH. I, Sec.

1816.67

A)

At

structures owned by the person conducting

the mining

activity,

and not

leased to

another party; and

B)

At

structures owned by the person conducting

the mining

activity,

and

leased

to

another party,

if a

written waiver

by

the

lessee

is

submitted to the Department prior to blasting.

f)

Ground vibration monitoring.

I)

When the scaled distance, as defined below,

has a value less than 65

at

the

nearest

dwelling,

public

building,

school,

church,

or

commercial

or

institutional

structure,

a

seismograph recording shall

be

made

at or

near

the closest structure requiring protection.

2)

Scaled

Distance

=

The

distance,

in

feet,

from

the

blast

to

a

specified

location divided by

the square

root of the maximum weight of explosives,

in pounds,

to be detonated in any eight (8) millisecond period.

3)

To

ensure

compliance

with

the

limits

contained

in

this

Section,

the

Department may require

a

seismograph

recording of any or

all blasts

and

may specify the location at which such recordings are made.

g)

As

used herein, seismOgraph recording

or record or

air blast recording

or record

shall mean:

A visually

inspectable cartesian

representation of the

time

history of the particle

velocity levels or air blast levels versus time.

Time is represented on the “X” axis.

The particle velocity is shown by three traces representing mutually perpendicular

components of motion.

The components are oriented vertically,

transversely, and

longitudinally

to

the

horizontal

direction

from

the

recording

location

to

the

location of the

blast.

The air blast time

history

is

represented

by

a

single

trace.

The record

or recording includes

either

an

analog representation of, or

a

written

description

of the vertical

scale

for the particle

velocity traces

and

the

air blast

trace.

The units

for the particle velocity traces and scale are

in inches per

second.

The units

for the air blast trace

and

scale are millibars, pounds per square inch, or

decibels.

The recording

also

includes an

analog of descriptive

time

scale.

The

time units are in seconds.

(Source: Amended at 22111.

Reg.

20228, effective November

5,

1998-)

---

62 ILLINOIS ADMINISTRATIVE CODE

CH.

I,

Sec.

1816.68

Section

1816.68

Use of Explosives:

Records of Blasting Operations

a)

A

record

of each

blast,

including

seismograph

reports,

shall

be

retained

by

the

operator for

at

least

three

(3)

years

and

shall

be

available

for

inspection

by

the

Department and

the public on

request. The record

is to be completed by the

end of

the

work

day

following

the

day

in

which

the

blast

occurred,

including

the

seismograph meter reading, if available, and shall contain the following data:

1)

Name of the operator conducting the blast;

2)

Location, date, and time of blast;

3)

Name,

signature,

and

certification

number

of the blaster

conducting

the

blast;

4)

The name

of the owner or

resident of, and

the direction

and

distance,

in

feet,

to

the

nearest

dwelling,

school,

church,

or

commercial,

or

institutional building

either:

A)

Not located

in the permit area; or

B)

Not

owned

by

the

person

who

conducts

the

surface

mining

activities.

5)

Type of material blasted;

6)

Number of holes,

burden, and spacing;

7)

Diameter and depth of holes;

8)

Types of explosives

used;

9)

Total

weight of explosives used;

10)

Weight of explosives used per hole;

-

11)

Maximum weight ofexplosives detonated within any eight (8) millisecond

period;

-

12)

Maximum

number

of

holes

or

decks

detonated

within

any

eight

(8)

millisecond period;

13)

Initiation system;

---

62 ILLINOIS ADMINISTRATIVE

CODE

CH.

I. Sec.

1816.68

14)

Type and

length of stemming;

15)

Type of delay detonator and delay periods used;

16)

Sketch of the delay pattern, including decking;

17)

Reasons and conditions

for each unscheduled blast;

18)

Wind velocity

and direction; and

19)

Weather

conditions,

including

those

which

may

cause

possible

adverse

blasting

effects.

b)

Air

blast

andlor

ground

vibration

recordings,

or

photographic

copies

thereof,

where required,

shall be kept

at

the mine

site office for a period of three (3) years

following

the

date

of

the

blast,

and

shall

be

available

for

inspection

by

the

Department and the public on request. The recordings

shall include

the following:

1)

Maximum

air blast andlor ground vibration

levels recorded;

2)

The

exact

location of the monitoring

equipment,

and

its

distance from the

blast,

and the date and time of the recording;

3)

Name of the person and firm making the recording;

4)

Name of the person and

firm analyzing the recording. The

recording shall

be

signed and dated by the person performing the analysis;

and

5)

The type of instrument,

sensitivity,

and

calibration

signal

or certification

of annual calibration.

When the recordings required

at Sections

18 16.67(c)

and

1816.67(g)

are produced

via digitized

systems,

the sampling

rate of

the digitizer, in samples per second, shall be stated.

(Source:

Amended at

15

Ill. Reg.

17166,

effective January

1,

1992)

---

ILLINOIS ADMINISTRATIVE CODE

CH. I, Sec.

1817.61

Section

1817.61

Use ofExplosives:

General Requirements

a)

Sections

1817.61

through

1817.68

apply

only

to

surface

blasting

activities

incident

to

underground

mining,

including,

but

not

limited

to,

initial

rounds

of

slopes and

shafts that

are within

50 vertical feet ofthe original ground surface.

b)

Each

person

who

conducts

surface

mining

activities

shall

comply

with

all

applicable State and Federal laws in the use of explosives.

c)

All

blasting operations shall

be conducted by

persons certified by

the

Department

in

accordance with 62

Ill.

Adm.

Code

1850.

d)

Blast design.

1)

An anticipated blast design

shall

be

submitted

if blasting

operations

will

be conducted within:

A)

•

1,000

feet

of any

building

used

as

a

dwelling,

public

building,

school,

church,

or community or institutional

building

outside the

permit area;

or

B)

500

feet ofan active or abandoned underground mine.

2)

The blast design may be

presented

as part ofthe permit application

or at a

time, before the blast,

approved by

the Department.

•

3)

•

The blast design shall

contain sketches of the drill palterns, delay periods,

and

decking

and

shall

indicate the

type

and

amount

of explosives

to

be

used,

critical

dimensions,

and

the

location

and

general

description

of

structures

to

be

protected,

as well as

a

discussion

of design

factors

to

be

used, which

protect

the public

and

meet the

applicable

air

blast,

flyrock,

and ground vibration standards in Section

1817.67.

4)

The blast design

shall be prepared and

signed by a certified blaster.

(Source: Amended at 22

III. Reg.

20197, effective November

5,

1998)

---

ILLINOIS ADMINISTRATIVE CODE

CH. I,Sec.

1817.62

Section

1817.62

Use of Explosives: Prc-Blasting

Survey

a)

At

least 30

days before

initiation of blasting

in

a

permit

area, the operator shall

notify,

in

writing,

all

residents

or

owners

of structures

located

within

one-half

mile of the permit area how to request a pre-blast or condition

survey.

b)

Upon written request

to

the Department and

the person who conducts the surface

mining

activities by

a resident or owner of a dwelling

or structure that

is located

within one-half mile

of any portion of the permitted area, or

by

the owner of

a

dwelling or structure at a distance greater

than one-halfmile

from the permit areas

but

within

one

mile

of the blasting

area and

within

an

area determined

by

the

Department to

be appropriate in a particular situation on the basis

of complaints or

other

information

received

by

the

Department,

the

person

who

conducts

the

surface

mining

activities

shall

promptly

conduct

a

pre-blasting

survey

or

a

condition

survey

of

the

dwelling

or

structure.

For

any

structure

where,

in

accordance with

this

Section,

a survey has been requested by

a

previous resident

or

a

previous

owner and

the

survey has

been

conducted

by

the permittee

and

copies of the survey report have been provided

to

the previous

owner or resident

and the Department, the permittee shall only be

required to provide a copy ofTthe

previous

completed survey

report

to

any

new

or subsequent

owner upon written

request

by

the new or subsequent

owner.

If a structure

is

renovated,

modified

or

added

to,

subsequent

to

a

pre-blast

survey

or

a

condition

survey,

then

upon

request

to

the

Department

a

survey

of

such

additions,

modifications

and

renovations shall be performed in accordance with this

Section.

c)

The survey shall determine the condition of a dwelling

or structure and document

any

pre-blasting

or

existing

damage

and

other

physical

factors

that

could

reasonably be

affected

by

the

blasting.

Structures

such

as

pipelines,

cisterns,

wells

and

other

water

systems

warrant

special

attention

such

as

the review

of

construction,

drilling

or

completion

specifications;

however,

the

assessment

of

these structures may be

limited

to surface conditions.

d)

Any surveys requested more than ten calendar days prior to

the planned initiation

of blasting

shall be

completed by

the operator before the

start of blasting.

If the

request

is

made

after

the

start of blasting

the person who

conducts the

surface

mining

activity

shall conduct

a

condition

survey of the, dwelling or structure~ A

condition

survey shall contain information identical to

a pre-blasting survey.

The

intent of this

Section

is

to

provide for

either

a

pre-blasting

or condition

survey

only.

e)

A written

report

of the

survey shall

be

prepared

and

signed

by

the

person who

conducted

the survey.

The

report may include

recommendations of any

special

conditions

or

proposed

adjustments

to

the

blasting

procedure

which

should

be

incorporated

into the blasting plan

to

prevent damage.

Copies

ofthe

report

shall

---

ILLINOIS ADMINISTRATIVE CODE

CH. I, Sec.

1817.62

be

provided

to

the person requesting the survey and

to

the Department within 30

days after the date the survey was completed.

If the person requesting the survey

disagrees with the results of the survey, he or she may notify, in

writing, both

the

permittee

and the

Department of the

specific

areas of disagreement.

Instructions

as

to whom

and to where

the written comments on the results of the survey shouid

be

forwarded

shall be included with the survey report.

(Source: Amended at 22 Ill.

Reg. 20197, effective November

5,

1998)

---

62

ILLINOIS ADMINISTRATIVE CODE

CH. I,

Sec.

1817.64

Section

1817.64

Use of Explosives:

General Performance Standards

a)

The operator

shall

notify,

in

writing,

residents

within

one-half (1/2)

mile of the

blasting

site,

the Department,

and

local

governments of the proposed times

and

locations

of

blasting

operations.

Such

notice

of

times

that

blasting

is

to

be

conducted

may

be

announced

weekly, but

in

no

case

less

than twenty four (24)

hours before blasting will occur.

b)

Unscheduled blasting may be

conducted only where public or operator health and

safety so

require.

When

an

operator conducts

an

unscheduled blast,

the operator,

using

audible warning

signals, shall notify residents within one-half (1/2)

mile of

the

blasting

site

and

document

the

reason(s)

for

the

unscheduled

blast

in

accordance subsection

1 817.68(a)(17).

c)

All blasting shall be

conducted between sunrise and sunset.

The Department shall

limit the area covered, timing

and sequence ofblasting

as listed

in the schedule, if

such limitiations are

necessary

and

reasonable

in

order

to

protect

public

health,

safety or welfare.

(Source: Amended at

14

III.

Reg.

11855, effective January

1,

1991)

---

62

ILLINOIS ADMINISTRATIVE CODE

CH.

I,

Sec.

1817.66

Section 1817.66

Use of Explosives:

Blasting Signs, Warnings,

and Access Control

a)

Blasting

signs

shall

meet

the

specifications

of Section

1817.11.

The

operator

shall:

1)

Conspicuously display signs reading “Blasting Site”

along the edge of any

blasting

site

that

comes within

100

feet of any

public

road

right-of-way,

and

at the point where

any

other road

provides

access

to

the blasting

site;

and

2)

At

all

entrances

to

the permit

area from

public

roads

or highways, place

conspicuous

signs which

state

“Warning!

Explosives

in

Use”

and

which

clearly list

and

describe the meaning ofthe audible

blast

warning

and all-

clear

signals

that

are

in

use,

and

which

explain

the

marking of blasting

sites and charged holes awaiting

firing within the permit area.

b)

Warning

and

all-clear

signals

of different

character

or pattern

that

are

audible

within one-half mile of the blast

shall

be

given.

Each person within

the

permit

area and

each person who

resides

or regularly

works

within one-half mile

of the

permit

area

shall

be

notified

of

the

meaning

of

the

signals

in

the

blasting

notification required

in

Section

1817.64.

The requirement

to

supply

daily notice

may be fulfilled

by the audible warning signals.

c)

Access

to

the blasting site shall be controlled

to prevent the presence of livestock

or unauthorized

personnel during

blasting

and

until

an

authorized

representative

of

the

person

who

conducts

the

surface

mining

activities

has

reasonably

determined:

1)

That

no

unusual

circumstances,

such as

imminent

slides

or undetonated

charges, exist;

and

2)

That access to

and travel

in or through the site can be

safely resumed.

d)

Blasting prohibitions

1)

Blasting

shall

not

be

conducted

within

300

feet of any

building

used as

a

dwelling

unless

waived

by

the

owner

or

within

300

feet of a

school,

church, hospital, or nursing facility.

2)

Blasting

shall

not be conducted

within

100

feet

of facilities

including,

but

not

limited

to,

disposal

wells,

petroleum

or

gas

storage

facilities,

municipal

water

storage

facilities,

fluid-transmission

pipelines,

or water

---

62

ILLINOIS ADMINISTRATIVE CODE

CH. I,Sec.

1817.66

and sewage

lines unless

a waiver is obtained from the owner of the facility

and submitted

to the Department prior to blasting within

100 feet.

(Source: Amended at 22 Ill. Reg.

20197, effective November

5,

1998)

---

62

ILLINOIS

ADMINISTRATIVE CODE

CH.

I.

Sec.

1817.67

Section

1817.67

Use of Explosives:

Control of Adverse Effects

a)

Blasting

shall

be

conducted

to

prevent

injury

to

persons,

damage

to

public

or

private

property

outside

the

permit

area,

adverse

impacts

on

any

underground

mine,

and change in the course, channel

or availability of ground or surface waters

outside the permit area.

b)

Air blast limits.

I)

Air blast

shall be

controlled so

that

it does not

exceed

the values

specified

below

at any

dwelling, public

building,

school,

church,

or commercial

or

institutional

structure, unless

such structure

is

owned

by

the person

who

conducts

the

surface

mining

activities

and

is

not

leased

to

any

other

person.

If

a

building

owned

by

the

person

conducting

surface

mining

activities

is

leased

to

another

person,

the

lessee

may

sign

a

waiver

relieving

the

operator

from

meeting

the

air

blast

limitations

of

this

subsection.

The

waiver

shall

be

submitted

to

the

Department

before

beginning blasting.

Lower frequency limit of

Maximum

measuring system, Hz +3dB

level in

dB

0.1

Hz or lower--flat response*

134 peak

2.0 Hz or lower--flat response

133

peak

6.0 Hz or lower--flat response

129 peak

*

Only when approved by the Department

2)

The

measuring

systems

used

shall

have

a

flat

frequency

response of

at

least 200 Hz at the upper end.

3)

The person who conducts blasting may satisfy the provisions of subsection

(b) by

meeting

any

of the

three

specifications

in

the chart

in

subsection

(b)(1).

4)

If

necessary

to

prevent

damages

specified

in

subsection

(a),

the

Department shall

specify

lower

maximum

allowable

airblast

levels than

those

of subsection

(b)(l)

for use

in

the

vicinity

of a

specific

blasting

operation.

c)

Air blast monitoring

1)

When the cube root

scaled distance,

as defined

in

subsection (c)(2),

to the

nearest

dwelling,

public

building,

school,

church,

or

commercial

or

---

62 ILLINOIS ADMINISTRATIVE CODE

CH. I, Sec.

1817.67

institutional

structure

has

a value

less

than

350

and

when

the

burden

to

hole depth ratio

is greater than

1.0,

or the top

stemming height

is less than

70

of the burden

dimension, the air blast produced

by that

blast shall be

measured, recorded, analyzed,

and reported pursuant

to

subsection

(g) and

Section

1817.68(b).

2)

Cube

root

scaled

distance equals

the

distance,

in

feet, from

the

blast

to

a

specified

location

divided

by

the cube

root

of the

maximum

weight

of

explosives, in pounds, to

be detonated in any

eight millisecond period.

3)

To

ensure

compliance

with

the

limits

contained

in

this

Section,

the

Department may require an air blast measurement of any

or all

blasts,

and

may specify the location ofsuch measurements.

d)

Flyrock,

including blasted material

traveling

in

the air, or along

the ground,

shall

not

be

cast beyond

the permit boundaries or beyond

the area of regulated access

required

under

Section

1817.66(c),

or

more

than

one-half the

distance

to

the

nearest dwelling or other occupied structure.

e)

Ground vibration

limits.

fl

In all

blasting

operations,

except

as

otherwise authorized

in

this

Section,

the

maximum

peak particle

velocity

shall

not

exceed

one

(1)

inch

per

second

at the location of any

dwelling,

public building,

school,

church, or

commercial or

institutional

building.

At

distances greater

than 5,000

feet

from the blast

to

any

structures described

in this

subsection, the maximum

allowable

peak particle

velocity shall

not

exceed 0.75

inch

per

second

at

the

locations

of the

structures

described

in

this

subsection.

At

distances

less

than

300

feet

from

the

blast

to

any

structures

described

in

this

subsection, the maximum allowable peak particle velocity shall not exceed

1.25

inch

per

second

at

the

locations

of the

structures

described

in

this

subsection.

These

limits

shall

apply

separately

to

each

component

of

motion

as

defined

in

subsection

(g).

The

Department

shall

reduce

peak

particle

velocity

limits

if

determined

necessary

to

provide

damage

protection if so recommended

in

any pre-blast survey or condition

survey

report provided pursuant to Section

1817.62.

2)

Blasting

shall

be

conducted

to

prevent

adverse

impacts

on

any

underground

mine

and

changes

in

the course,

channel,

or availability

of

ground or surface water outside the permit

area.

Ground vibration

limits,

including

the

maximum

peak

particle

velocity

limitation

of

subsection

(e)(l),

shall

not apply at the following locations:

---

62

ILLINOIS ADMNISTRATIVE

CODE

CH.

I,

Sec.

1817.67

A)

At

structures owned by

the person conducting

the mining

activity,

and not

leased to

another party;

B)

At structures

owned by the person conducting

the mining

activity,

and

leased

to

another party,

if a

written

waiver by

the

lessee

is

submitted to

the Department prior to blasting.

1)

Ground vibration monitoring

1)

When the scaled distance,

as defined below,

has

a

value of less

than 65

at

the

nearest

dwelling,

public

building,

school,

church,

or commercial

or

institutional

structure,

a

seismograph

recording shall

be

made

at or near

the closest structure requiring protection.

2)

Scaled

Distance

=

The

distance,

in

feet,

from

the

blast

to

a

specified

location divided by the square root of the maximum weight of explosives,

in pounds, to be

detonated in

any eight millisecond period.

3)

To

ensure

compliance

with

the

limits

contained

in

this

Section,

the

Department

may require a

seismograph

recording of any or all blasts

and

may specify the location at which such recordings are

made.

g)

As

used herein,

seismograph

recording or record

or air blast recording or record

shall mean

a visually inspectable cartesian representation ofthe time history of the

particle velocity

levels or air blast

levels versus

time.

Time

is represented

on the

“X”

axis.

The particle

velocity

is

shown

by

three

traces

representing

mutually

perpendicular components

of

motion.

The

components

are

oriented

vertically,

transversely,

and

longitudinally

to

the

horizontal

direction

from

the

recording

location to

the location of the blast. The air blast

time history

is represented

by a

single

trace.

The record

or recording includes

either

an

analog representation of,

or a written description ofthe vertical scale for the particle velocity traces and the

air blast trace.

The units

for the particle velocity traces and

scale are in

inches per

second.

The units

for the air blast trace

and scale are millibars, pounds

per

square

inch, or decibels. The recording also

includes an

analog or descriptive

time

scale.

The time units are in seconds.

-

(Source:

Amended at 22 Ill.

Reg. 20197, effective November

5,

1998)

---

62 ILLINOIS ADMINISTRATIVE CODE

CR.

I.

Sec.

1817.68

Section

1817.68

Use of Explosives:

Records ofBlasting

Operations

a)

A record

of each blast,

including

seismograph reports,

shall

be

retained

by

the

operator

for at

least

three (3)

years

and

shall

be

available

for inspection

by

the

Department

and the public

on request. The record

is to

be completed by

the end of

the

work

day

following

the

day

in

which

the

blast

occurred,

including

the

seismograph meter reading, if available, and

shall contain the following data:

1)

Name of the operator conducting

the blast;

2)

Location, date, and time ofblast;

3)

Name,

signature,

and

certification

number of

the

blaster conducting

the

blast;

4)

The name of the owner or resident

of, and

the direction

and

distance,

in

feet,

to

the

nearest

dwelling,

school,

church,

or

commercial,

or

institutional building either:

A)

Not located in

the permit area;

or

B)

Not

owned

by

the

person

who

conducts

the

surface

mining

activities;

5)

Type of material blasted;

6)

Number ofholes, burden,

and spacing;

7)

Diameter and depth of holes;

8)

Types of explosives used;

9)

Total weight of explosives used;

10)

Weight of explosives used per hole;

-

11)

Maximum weight of explosives detonated within

any eight

(8) millisecond

period;

12)

Maximum

number

of

holes

or

decks

detonated

within

any

eight

(8)

millisecond period;

13)

Initiation system;

---

62

ILLINOIS ADMINISTRATIVE CODE

CH.

I. Sec.

1817.68

14)

Type and length of stemming;

15)

Type of delay detonator and delay periods used;

16)

Sketch of the delay pattern, including decking;

17)

Reasons and conditions for each unscheduled blast;

18)

Wind

velocity and direction; and

19)

Weather conditions,

including

those

which

may cause

possible

adverse

blasting effects.

b)

Air

blast

andlor

ground

vibration

recordings,

or

photographic

copies

thereof,

where required,

shall be

kept at the mine

site office for a period of three (3) years

following

the

date

of

the

blast,

and

shall

be

available

for

inspection

by

the

Department and the public on request. The recordings shall include the following:

1)

Maximum air blast and/or ground vibration

levels recorded;

2)

The

exact

location of the monitoring

equipment,

and

its distance

from the

blast,

and the date and time ofthe recording;

3)

•

Name of the person and

firm making the recording;

4)

Name of the person and

firm analyzing the recording. The

recording shall

be signed

and dated by the person performing the analysis; and

5)

The type of instrument,

sensitivity,

and

calibration

signal

or certification

of annual calibration.

When the recordings required at Sections

18 17.67(c)

and

18 17.67(g) are

produced via digitized

systems,

the sampling

rate

of

the digitizer, in

samples per second, shall be stated.

(Source:

Amended at

15 Ill.

Reg.

17239, effective January

1,

1992)

---

62

ILLINOIS ADMINISTRATIVE CODE

Pan

~oo

TITLE

62: MINING

CHAPTER I:

DEPARTMENT

OF NATURAL

RESOURCES

PART 300

SURFACE

MINED

LAND CONSERVATION

AND RECLAMATION ACT

SUBPART A:

SURFACE MINED

LAND CONSERVATION AND RECLAMATION ACT

Section

300.10

Introduction

300.20

Permits

300.30

Fees

300.40

Bonds

300.50

Permit

Application Requirements

300.60

Role of County

Government in

Reclamation

300.70

Departmental

Consideration ofReclamation Plans

300.80

Public

Filing of Approved Plans

300.90

Amendments to Permits

300.100

Reclamation Planning

300.110

General Reclamation Requirements

300.120

Criteria For Types of Land Reclamation

300.130

Reclamation of Gob Disposal Areas and

Outside

Slopes of All Overburden Deposition Areas

300.140

Reclamation ofSlurry Pond Disposal Areas

300.150

Water Impoundment Structures

300.160

Affected Acreage Map

300.170

Violations

and Forfeiture

300.180

Bond Release Procedure

SUBPART

B: USE OF

EXPLOSIVES

IN NON-COAL MINERAL EXTRACTION OPERATIONS

Section

300.200

Scope of this

Subpart

300.205

Purpose

300.2 10

Definitions Applicable to Subpart

B

300.2 15

General Requirements

300.220

Monitoring

300.225

Use of Explosives;

Con~rolofAdverse Effects

300.230

Use of Explosives;

Blasting Signs, Warnings and

Access Control

300.235

Training

300.236

Examination

300.237

Application

and

Licensure

300.238

Fees

300.239

Denial,

Issuance

of Notice of Infraction,

Suspension, Revocation

and

other

Administrative

Actions

300.245

Notices of Violation

300:246

Cessation Orders

300.247

Office of Mines

and Minerals Decision

300.248

Hearings

300.249

Temporary Relief

300.250

Subpoenas

---

62

ILLINOIS ADMINISTRATIVE CODE

Part

300

ILLUSTRATION

A

Tree Sampling Procedure

ILLUSTRATION

B

Typical Sections

AUTHORITY:

Implementing and authorized by the Surface Mined Land Conservation and Reclamation Act

225

ILCS

715.

—

SOURCE:

Adopted

January

6,

1976;

codified

at

8

Ill.

Reg.

4507;

amended

at

14

III.

Reg.

3548,

effective

February

22.

1990;

amended at

20111.

Reg.

9546, effective July

1,

1996; recodified

from the Department of

Mines and Minerals to the Department ofNatural Resources at 21111. Reg.

16192:

amended at 22111. Reg.

8407.

effective April 28.

1998;

amended at

23

III. Reg.

11231,

effective August 26.1999.

---

62 ILLINOIS ADMINISTRATIVE CODE

Part

300

SUBPART B: USE

OF

EXPLOSIVES

IN NON-COAL MINERAL EXTRACTION

OPERATIONS

Section

300.200

Scope of this

Subpart

This Subpart shall cover the use of explosives in non-coal mineral extraction operationspursuant to Section

6.5

of the

Surface

Mined

Land

Conservation

and

Reclamation Act.

They

are intended

to

supplement

and

not

supersede

the requirements of any other federal or Illinois

statute or regulation. Inasmuch as the provisions

of

this Subpart contradict such other statute or regulation,

that statute or regulation shall

control.

(Source: Amended

at 22

III.

Reg.

8407,

effective April

28,

1998)

Section 300.205

.

Purpose

The purpose of these regulations is to ensure that blasting operations

are conducted to prevent injury to persons

and damage

to public

and private

property.

(Source: Added

at 20

Ill.

Reg.

9546,

effective July

1,

1996)

Section

300.2 10

Definitions Applicable to

Subpart

B

“Airblast”

(also

known

as

“air

overpressure”)

means

airborne

waves

resulting

from

the

detonation

of explosives.

Airbiast

may

be

caused

by

burden

movement

or

the

release

of

expanding gas into

the

air. Airbiast may or may not be

audible.

‘Act’

means the Surface-Mined Land Conservation and Reclamation Act

225

ILCS

715.

‘Authorized Representative of the Department” means an

employee of the Illinois Department

of Natural Resources, Office ofMines

and Minerals, qualified to

conduct on-site inspections of

blasting

operations

in order to

determine compliance

with these regulations.

“Blast”

means the detonation of explosives

by an

operator for a

mineral extraction operation.

“Licensed Blaster” means the person authorized to

oversee and approve blasting operations on

a blasting site.

“Blasting Zone’

means any area within the operation that is designated in writingby the operator

to the

Department

as being the area within which blasting

operations will be conducted.

“Blasting Operations” means the process ofshot design, layout, drilling, loading, detonation and

recordkeeping.

“Burden” means the distance

from an

explosives charge to

the nearest

free or open

face

at the

time of detonation of each hole.

“Continuing Violation” means a violation ofthese rules that

is ongoing and unabated at the time

of inspection.

“Cube Root-Scaled Distance” means the distance,

in feet, from the blast to

a specific location,

divided

by the cube root ofthe maximum weight ofexplosives, in pounds, to be detonated in any

eight

millisecond period.

---

62

ILLINOIS ADMINISTRATIVE

CODE

Part

300

“Decibel”

means the unit of sound overpressure commonly used to measure airblast

from

the

detonation ofexplosives.

It

is also measured

in pounds per square inch (psi.). and

is defined

in terms of the overpressure by the equation:

dB

=

20 log (PIP0)

where:

dB

=

sound level

in decibels

P

=

measured overpressure

in p.s.i.

(lbs./in?)

P0

=

2.9

x

b’9

p.s.i.

(lbs/in.2)

The

decibel scale

is

logarithmic.

“Department” means

the Illinois Department ofNatural Resources.

“Director” means

the Director ofthe Illinois Department ofNatural Resources.

“Earth liners” means structures constructed from naturally occurring soil material that

has been

compacted

to achieve

a

low permeability.

“Explosives”

means any

chemical

mixture that

reacts

at high

velocity to

liberate gas and heat.

causing

vet-v

high pressures.

“Geomembrane” means manufactured membrane liners and

barriers of low

permeability used

to control

the migration of fluids

or gases.

“Inert waste” means

any solid waste

that will not decompose biologically. burn, serve as food

for

vectors,

form

a

gas.

cause

an

odor,

or form

a

contaminated

leachate.

as

determined

in

accordance with

35111.

Adm.

Code

821.202(b).

Such

inert

wastes shall

include

only

non-

biodegradable and non-putrescible solid wastes.

Inert wastes may

include,

but are not

limited

to, bricks, masonn

and

concrete (cured

for 60 days or more).

“Landfill”

means

a

facility permitted by the Illinois Environmental Protection

Agency

for the

disposal ofwaste

on

land meeting the requirements ofthe Resource Conservation and Recovery

Act. P.L.

94-580. and regulations thereunder, and without creatingnuisances or hazards to public

health or safety.

by confining the refuse

to the smallest

practical volume and covering it

with

a

layer of earth at the conclusion of each day’s operation,

or by such other m&hods

and intervals

as the Illinois Pollution

Control

Board may provide by regulation.

“Office of Mines and Minerals” means

the subdivision of the Department of Natural Resources

charged with regulating

the use ofexplosives in non-coal mineral extraction operationspursuant

to

Section

6.5

of the

Act.

“Operation” means the property limits of any non-coal mineral extraction operation:

“Operator”

means

any

person,

firm, partnership

or co~porationengaged

in

and

controlling

a

surface mining operation,

and includes political subdivisions and instrumentalities of the State

of Illinois.

---

62

ILLThJOIS ADMINISTRATIVE CODE

Pan

300

“Particle velocity”

is

a

measure

of ground vibration

which

describes

the velocuy at

which

a

particle of ground moves

when excited by a seismic wave.

“Person”

means any individual, parmership. corporation or other legal business

entity.

“Protected

Structure”

means

any

dwelling,

public

building,

school.

church or

commercial or

institutional building.

Protected structures

do not include:

Structures owned by

the operator;

and

Structures

subject

to

a

waiver

from

the

Department’s

airblast

and

ground

vibration

requirements granted to

the operator.

“Scaled Distan~e”

means the distance, in

feet. from

the blast

to a specified

location, divided by

the square

root of the maximum weight of explosives,

in pounds,

to

be detonated

in any eig~t

millisecond period.

“Stemming” is inert material (usually crushed stone) that

is placed above the explosives column.

or vertically between colunmar decks of explosives

in a blast hole.

(Source: Amended

at 23111.

Reg.

11231,

effective August 26,1999)

Section

300.2 15

General Requirements

a)

Each person who conductsblasting operations shall comply with all applicable State and

federal

laws governing

the use of explosives.

h)

All

blasting

operations shall

be

conducted

under the direct

supervision of

a

licensed

blaster

(persons licensed by the Department, as provided in Section

300.237 ofthis Part).

The licensed

blaster shall

be

present at the detonation ofthe blast.

c)

All blasting shall be conducted between sunrise and sunset except in emergency situations where

unscheduled blasting

is required to

ensure operatoror public safety.

In such cases, the operator

shall notify the Department in

writing within

72

hours after the unscheduled blast, stating the

reason(s~for the

unscheduled blast.

After. review

of the

notification,

the

Department

shall

determine whether

the

unscheduled

blast was

an

emergency

and

take

enforcement action

if

necessary.

d)

Explosives

may

be

used

to

clear

blockage

in

crushing

operations

at

any

time

provided

the

explosive

charge

does

not

exceed

one

pound,

and

the

operator

complies

with

all

other

requirements of this

Part,

except those

found

in subsection

(c)

above.

(Source: Amended

at

23

Ill.

Reg.

11231, effective August 26,1999)

Section

300.220

Monitoring

a)

Duties of the Operator

.

1)

V/hen

the scaled distance has a

value less than 65

at the closest protected structure, the

operator shall

make

a

seismographic

recording and

airblast

recording

at

or near that

---

62

ILLINOIS

ADMThIISTRATIVE

CODE

Part

30o

structure.

2)

When

any blast

is within

500

feet of a

landfill, the operator shall make

a

seismograph

recording at or near the closest part ofthe landfill

to theblast. This requirement shall not

apply

if

a

protected

structure

is

boEated

between

the

blast

and

the

landfill

or if an

alternative compliance method has been approvedby the Department in accordance with

Section

300.225(1).

\Vhen

the cubed

root scaled distance to

the nearest protected structure has

a value less

than 350 and when the burden to hole depth ratio is greater than

1.0. or the top stemminu

height is less than 70

ofthe burden dimension, the airblast produced

bs

the blast shall

be measured at or near the closest protected structure. This

subsection shall not apply

to

horizontal blast holes drilled from the floor ofthe pit.

4)

The operator shall

maintain blasting records

as follows:

A)

A record ofeach blast

shall be made,

retained by the operator for

at

least three

years

and made available

for inspection

by the Department.

Records of

blasts

conducted

since

the Department’s

last

inspection,

or copies of such

blasting

records,

shall

be

made

available

at

the

operation

for

inspection

by

the

Department. The record is to be completed by the

end ofthe work day following

the

day in which the blast occuned. including the seismograph meter reading, if

available,

and shall

contain the following data:

ii

Name of the operator conducting the blast.

ii)

The

location,

date and

time

of the

blast.

If necessary

to

enforce

the

purposes

of

these

regulations.

the

Department ma~require

that

the

location

of the blast be

indicated

as

a

point on

a state plane

coordinate

system.

iii)

Name, signature and licensure number ofthe licensed blaster responsible

for the blast.

iv)

Type of material

blasted.

v)

Number of holes._burden

and spacing.

vi)

Diameter

and depth of holes.

vii)

Type of explosiv&s used.

viii)

Total

weight of explosives used.

ix)

Weight of explosives

used per

hole.

x)

Maximum

weight of explosives detonated within any

eight millisecond

period.

xi)

Maximum

number

of

holes

or

decks

detonated

within

any

eight

---

62

ILLINOIS ADMINISTRATIVE CODE

Part

30(1

millisecond period.

xii)

Initiation system, including number ofcircuits and the timerinterval. if

a sequential timer is used.

-.

xiii)

Type and

length of stemming

(deck and top).

xiv)

Type of detonator and

delay periods used, in

milliseconds.

xv)

Sketch of delay pattern, including

decking.

xvi)

Distance and scaled distance to the closest protected structure,

using the

best available information.

xvii)

Location

or address of.the closest

protected

structure,

using

the

best

available

information.

xviii)

Distance and scaled distance to the closest part ofany landfill within

500

feet of the blast.

B)

Airblast

andlor

ground

vibration

recordings,

or

photographic

copies

thereof.

where

required

by

the

Department,

shall be

kept

for

a

period

of three

years

following

the

date of the

blast,

and

shall

be

available

for

inspection

by

the

Department. Records of blasts conducted since the Department’s last inspection.

or copies of such blasting

records,

shall

be

made available

at the operation

for

inspection

by

the

Department.

The

recordings

shall

include

the

following

information:

i)

Maximum

airblast

andlor ground vibration

levels recorded.

ii)

The specific

location of the monitoring equipment,

its distance from the

blast and

the date and

time of the recording.

iii)

Name of the person and

firm making the recording.

iv)

Name of the person

and

firm analyzing

the recordings.

The recording

shall

be sigtied

and dated by the person performing the analysis.

v)

The type of instrument:sensitivity and

calibration si~nal

or certification

date of annual calibration.

C)

As

used herein, “seismographic recording”, or “record of airblast recording”, or

“record”

shall mean

a

visually

inspectable cartesian

representation of the

time

history ofthe particle velocity levels or airbiast

levels versus time.

The particle

velocity

is

shown

by

three

traces

representing

mutually

perpendicular

componentsof motion. The components areoriented vertically, transversely and

longitudinally

to

the

horizontal

direction

from

the

recording

location

to

the

location of the blast.

The airblast

time

hiEtory is

represented

by

a single

trace.

The record or recording includes

either

an

analog fepresentation, or

a

written

descnption, of the vertical scale for the particle velocity traces and

the airblast

trace. Th,e units for the particle velocity traces and scale are in inches per second.

---

62

ILLINOIS ADMINISTRATIVE CODE

Part

300

The units for the airblast trace and scale are millibars, pounds per square inch. or

decibels. Therecording shall also include an analog or descnptive time scale. The

time

units are

in

seconds.

h)

Duties of the Department

1)

The Department

shall conduct seismographic monitoring at any operation at such times

and conditions as the Department deems appropnate.

2)

The

Department

shall conduct

inspections of the operation as follows:

A)

Randomly without notice

~ice

per year.

B)

At such other times and

conditions as the Department deems appropnate.

C)

Less frequently than ~‘ice

per year at operations where blasting

is not regularly

conducted.

3)

All Department employees conducting official business shall inform the operator or the

operator’s designated

representative, if either is

present,

upon

arrival

to

and

departure

from

the operation.

(Source: Amended

at 22

Iii.

Reg.

8407,

effective April 28,

1998)

Section 30025

Use of Explosives:

Control of Adverse Effects

a)

Blasting

shall

be

conducted

to

prevent

injury

to

persons

and

damage

to

public

or

private

property outside

the blasting

zone.

b)

.Airblast

limits

I)

.Airblast

shall be

controlled so that

it does not

exceed the values specified below

at any

protected structure, unless such structure is owned by the operator and not

leased to any

other person. or a waiver has been obtained

in

accordance with subsection (g) below.

Lower frequency limit of

Maximum

measunng system.

Hz

—3dB

level in

dB

0.1

Hz or lower--flat

response

134 peak

2.0 Hz or lower--flat response

133

peak

6.0 Hz or lower--flat

response

129 peak

2)

The measuring systems used shall have a flat frequency response ofat least200 Hz at the

upper end.

3)

The person who conducts blasting may satisfy

the provisions

ofthis

subsection (b) by

meeting any of the three specifications

in the chart in

subsection (b)(l).

4)

To

ensure

compliance

with

the limits

contained

in

this

Section,

the

Department may

require an airblast measurement of any or all blasts, and may specify the location ofsuch

---

62

ILLINOIS ADMINISTRATIVE

CODE

Par

300

measurements.

c)

Flyrock

Flvrock.

including

blasted material traveIin~

in the air or along the ground, but excluding

dust

and detonation by-products.

shall not be

cast beyond the blasting zone.

d)

Ground vibration limits

1)

In all

blasting operations, except as otherwise authorized

in this

Section,

the maximum

peak

particle

velocity

shall

not

exceed

one

inch per

second

at

the

location

of any

protected structure, unless such structure is owned by the operator and not leased to any

other person, or a waiver has been obtained in

accordance with subsection

(g) below.

2)

In addition to the requirements in subsection (d)(1) above, when any blast is

within 500

feet ofa landfill, the blasting shall be conducted in order to control ground vibrations not

to exceed five inches per second, at the closest part ofthe landfill.

Blast monitoring shall

comply with

Section

300.220(a)(2).

The ground

vibration

limit shall

not

apply

to

the

following; a landfill in the process ofbeing mined through;

mining activities associated

with the construction of a landfill;

a landfill containing only inert waste; or a landfill or

any

cell of a

landfill

that does not

contain a geomembrane or earth liner.

e)

When

the

scaled

distance

has

a

value

less

than

65

at

the

nearest

protected

structure,

a

seismograph recording shall be

made at or near that structure. To

ensure compliance

with the

limits contained in this Section. the Department may require a seismograph recording of any or

all blasts

and may speci~i

the location at which

such recordings

are made.

In

lieu

of the

ground vibration

limit(s)

in

subsection

(d) above,

the

operator may

submit

a

written

request

to

the

Department

to

use

an

alternative compliance

method.

Such

written

request

must

be

supported

by

sufficient

technical

information, which

may include,

but

is not

necessarily

limited to.

documented approval of such method by

agencies in other states which

regulate

blasting

operations

at

coal

andior

non-coal

mineral

extraction

operations.

Upon

submittal

by the operator of a request to use an alternative compliance method. the Department

shall

issue a.written

determination

as

to

whether the technical

information submitted provides

sufficient

justification

for

the

alternative

method

to

be

used

as

a

means

of demonstrating

compliance.

Waivers

1)

A waiver of the airblast and ground vibration limits in subsections (b) and (d) above may

be

obtained by the operator in the following circumstances:

A)

Ifthe protected structure is owned by the operator and leased to any other person,

or

B)

If the

protected

structure

is

not

owned

by

the operator

but

the

owner of the

structure has a bona fide financial interest in, orcommercial relationship with, the

mining operation. The operator shall provide written docuthentation ofany such

interest or relationship

to the Department upon request.

---

62

ILLINOIS

ADMINISTRATIVE CODE

Pan

300

2)

The waiver shall

be

signed

by

the

owner of the

structure, unless

the operator

is

the

owner.

Ifthe structure is

leased to any other person. the

waiver must

be signed

by

both

the owner and

lessee.

3)

The

waiver shall

be

in

writing,

in

i’form

approved

by

the Department,

and

shall

be

submitted

to the Department before conducting blasting operations in accordance with

the term of the waiver.

4)

The operator is responsible

for keeping complete and

up

to date records

on

all

waivers

executed, including real estate and lease transactions that may affect the validity of the

waiver.

These records shall be made available

for inspection by the Department.

5)

The waiver provided for

in

this

subsection (g) shall

consist

solely

of a

waiver of the

airblast and ground vibration

limits set forth in this Section and is not intended to exempt

the operator from civil

liability.

(Source:

Amended

at 23

Ill.

Reg.

11231,

effective August 26,1999)

Section

300.230

Use of Explosives:

Blasting Si~ns,

Warnings,

and Access Control

a)

Specifications.

Signs

and markers required under this Part

shall:

1)

Be posted and maintained

by the operator;

2)

Be ofuniform design

that

can be

easily seen and

read: and

3)

Be made ofdurable material.

hI

Duration

of maintenance.

Signs

and

markers

shall

be

maintained

during

the conduct

of all

activities

to which they pertain.

c)

Blasting

signs. The operator shall:

1)

Conspicuously display blasting sian(s)

along the edge of any blasting

zone

that comes

within one hundred (100) feet of any public road right-of-way, and at the pointwhere any

other road provides access

to

the blasting

zone; and

2)

.At

all

entrances

to

the

operation

froi~ripublic

roads or hih~i~~lace

conspicuous

sign(s)

which

indicate

explosives

are

used

at the operation

and

which clearly

list

and

describe the meaning of the audible blast warning and

all-clear signals that arc

in use.

d)

Warning and all-clear siEnals ofdifferent character or pattern that are audible within theblasting

zone shall

be given.

e)

Access to the blasting zone shall be controlled to prevent thepresence of unauthorized personnel

dunng

blasting

until

an authorized representative of the operator has reasonably determined:

1)

That no unusual

circumstances, such as

undetonated charges,

exist;

and

2)

That access

to and

travel

in or through

the area can be

safely resumed.

---

62

ILLINOIS ADMINISTRATIVE CODE

Pan

300

(Source: Added at 20 Ill.

Reg. 9546, effective July

1,

1996)

Section

300.235

Training

a)

Training required herein, forthose persons riolpreviously trained in the subjects required herein.

shall

be

conducted

by

either

the

Department,

the

operator

or

the

operator’s

training

representative.

The operator’s training

representative may include but

is not

limited

to junior

colleges, consultants and explosives manufacturers. The training must meet the requirements of

this

Section.

b)

The training

for blaster’s licensure

shall include instruction

in:

I)

The desi~nand

layout

of blasts,

including

geology, topo2raphy

and

the proper use of

delays.

2)

Control

ofground vibration.

3)

Control of flyrock

and airblast.

4)

Design and

loading of boreholes.

5)

Priming and boosting.

6)

Tamping and stemming,

including methods and materials.

7)

Blast initiation systems.

8)

The use of blasting machines.

9)

The use of circuit testing

equipment.

10)

The general properties of explosives, including blasting agents

and selection criteria.

11)

Ground vibration,

airblast and monitoring.

12)

The use of around vibration

and airblast records

as blast design

factors.

13)

The need for accurate reports

and blasting

logs

and their proper preparation.

14)

Current Illinois and Federal

laws and

regulations pertaining to blasting

at the operation.

15)

Planning for unpredictable blasting hazards to thepublic and mine personnel. Illustrative

examples are adverse weather, stray electrical currents, flyrock, radio frequency energy

and

misfires.

16)

Signs, warning signals and

control ofthe potential

flyrock area.

17)

Site security and

safety.

.

18)

Handling, transportation and storage of explosives.

---

62

ILLINOIS ADMiNISTRATIVE CODE

Pan

30i

19)

New technology as it develops and is implemented in

the

field.

20)

Training and

licensure requirements.

c)

The licensed blaster shall provide direction ~nd on:the_job training to all

non-licensed blasting

personnel

under his supen’ision.

(Source: Amended

at

23111. Reg.

11231,

effective August 26,1999)

Section

300.236

Examination

a)

Written examinations for blasterhcensure shall be

administered at least semiannually,

on dates

and

at

times

and

locations

announced

by

the

Department

via

news

releases

and

direct

communication

with operators

and individuals who request.

in writing,

to

be

so notified.

All

persons scheduled for a regular examination session will

be so notified

at

least one week pnor

to the

scheduled exam date.

b)

Reexaminations shall

be scheduled, if needed, for those persons who do

not pass the regularly

scheduled examination.

The Department shall

also allow’ for examination at this time for those

persons

who

have

newly

applied

for

licensure.

All

persons

scheduled

for

examination

or

reexamination during the reexamination session will be so notified

at

least one week prior to the

scheduled reexamination session.

c)

If the applicant cannot attend the examination or reexamination session for which

he or she

is

scheduled,

the

applicant

shall

so

inform

the

Department

at least one

day

in

advance of the

examination date. Failure to do

so will result in the application being rejected, and the applicant

having to reapplv for licensure.

Any person who cannot attend such

a session and who informs

the Department

in accordance with

this

Section will be

scheduled for the

next examination

or

reexamination session.

di

Applicants for blaster licensure shall be

examined on

the topics set

forth in Section 300.235(b).

(Source: Amended

at

23

III.

Reg.

1 l23l:effective August 26.1999)

Section

300.237

Application

and

Licensure

a)

Each applicant

shall submit

a

completed_application

for

licensure

on

forms

supplied

by

the

Department. The application shall be accompanied by therequired fee. which is non-refundable.

Any applicant whose completed application

has been received,

reviewed and accepted by

the

Department

prior

to

a

regularly

scheduled

examination

session

shall

be

scheduled

for

that

session.

The completed application

shall

include:

1)

Proof of the applicant’s blasting experience, which shall include:

A)

A notarized statement from the applicant’s employer ora licensed blaster having

personal knowledge of the applicant’s blasting experience relating to the subjects

listed in Section 300.235(b) ofthis Part, and affirming that the applicant has had

at

least two (2) years

blasting

experience;

or

B)

A notorized

statement from an Illinois

licensed blaster who directly supervised

---

62

ILLINOIS ADMINISTRATIVE CODE

Patt

30(1

the applicant,

affirming

that

the applicant

has

experience with

the following

proper

blast

design

to

comply

with

the regulatory

requirements

of this

Part.

drilling,

loading,

initiation systems and delay timing, monitoring requirements.

and

blast

zone

security

and

safe~y.~

The

applicant’s

experience

shall

have

included detailed involvement

with at least

120 blasts.

2)

Proof that the applicant has successfully completed a blaster training course

or courses

that cover the material listed

in Section

300.235(b) of this Part:

b)

The Department shall review each application,

including required documents, for completeness

and

the accuracy of the statements contained

in

the application

and

required documents. The

Department’s acceptance of an application shall be based on the applicant’s compliance with the

requirements of this Pan.

c)

Each applicant shall

be required to

pass a written examination established

and administered

by

the Department.

The examination shall cover the subjects set forth in Section 300.235(b) ofthis

Part.

The minimum passing score

shallbe 70

correct answers. The Department retains the sole

right

to

determine whether any

or all responses to

examination questions

are correct.

d)

Any applicant whose application is denied shall be so informed in writing, within 30 days ofthe

date the applicant

is found to be not

qualified. Reason(s) for such denial

shall be

included with

the notification.

Each applicant who meets the requirements ofsubsection

(a)

above

and

who

passes the examination required in subsection (b) above shall be issued

a blaster license as soon

as practicable thereafter, but not more than 45

days after the examination

date. Any applicant

who meets the requirements of Section 300.237(a) but who does not pass the examination shall

be

so

notified

within

15

days of the examination date. That person may.

upon

written request.

review his or her examination at theDepartment’s Springfield office. Such request must be made

and

the review completed not

less

than ten days prior to

the reexamination date for which the

applicant is scheduled. The review must be done during the Department’s regular business hours.

Any person who

does not pass the examination

shall

be

scheduled for the next reexamination

session, pursuant to

Section

300.236(b) of this Part.

e)

An

employed

blaster

shall

have

readily

available

for

inspection

his

or

her

license

at

the

operation.

f)

A temporary blaster license will be

issued

to any individual who applies to the Department for

such licensure and who provides

a photocopy ofhis or her valid blaster license issued

in another

state. or the name of the state where the

license was issued

and the license number.

The period

of the temporary blaster license shall not exceed

six

months

from the date of issuance.

Such

a

temporary license shall be issued only once to any individual in any continuous five yearperiod.

g)

Each license shall be valid

for fiveyears from thedate ofissuance. Renewal following expiration

shall be in accordance with the application, examination and licensure requirements ofthis Part.

h)

Blaster licensure

shall not be

assigned

or transferred.

i)

Blasters shall not

delegate their responsibility to

any individual who is not

a licensed blaster.

j)

The blaster

shall take

reasonable

precaution

to

protect

his

or her

license

from

loss, theft

or

unauthorized duplication.

Such

loss,

theft or duplication

shall be

reported

to

the Department

---

62

ILLINOIS

ADMTh4ISTRATIVE CODE

Pan

300

without delay.

(Source: Amended

at 23111.

Reg.

11231,

effective August 26,1999)

Section 300.238

Fees

The

following fees shall be

paid to the Department for administration of the Act and

are non-refundable.

The

fees

submitted

shall

be in

the form of a cashier’s check or money order

and made payable to

the Department

of Natural Resources,

Office ofMines and

Minerals.

a)

The

fee for an application is $75.00.

b)

The

fee for reexamination of an applicant is 525.00.

c)

The

renewal fee for a license is $75.00.

d)

The

fee for a temporary

license is 575.00.

(Source:

Added at

20

III.

Reg.

9546,

effective July

1,

1996)

Section

300.239

Denial,

Issuance

of

Notice

of

Infraction,

Suspension.

Revocation

and

other

Administrative Actions

a)

The Department

shall deny

an

application

for, or may revoke or suspend

a

license

under

the

provisions

of this

Section

if the Department

finds that the applicant or

licensee:

1)

has willfully violated

any

provisions ofthe

Act or this Part:

2)

hasmade material misstatement or knowingly withheld information

in connection with

any

original or renewal application:

3)

has been declared incompetent

by

any competent court by reasons ofmental or physical

defect or disease unless a court

has since declared him competent;

4)

consumes

alcohol

or unlawfully

uses

drugs

in the workplace;

5)

has been convicted

in

any jurisdiction ofany felony within the prior

5

years;

6)

is

a

fugitive from justice.

b)

Notice ofInfraction

I)

The Department shall, when

in the best

interest ofprotectingpublic

safety or public

or

private property.

issue

to

the blaster

a

written

r4otice of infraction requiring

remedial

action when,

on

the basis of any

inspection, the Department determines that the blaster

has committed

any ofthe following infractions:

A)

Noncompliance with current Illinois

or Federal law or regulations pertaining to

blasting at the operation,

including the Illinois Explosives

Act

25

ILCS

210.

---

62 ILLINOIS ADMrNISTRATWE

CODE

Pan

$00

B)

Providing false information or a misrepresentation

to obtain

licensure.

C)

Consumption of alcohol or unlawful use ofdrugs in

the workplace.

D)

Noncompliance with

any

order issued by the Department.

2)

The maximum time

allowed

to

abate the infraction by completing

the remedial action

shall be stated in the notice and shall include consideration ofthe nature ofthe infraction,

as well as the availability ofresources to complete the abatement. Remedial actions may

include,

but

need not

be

limited

to,

a

requirement

to

receive

additional

training

or

undergo reexamination to demonstrate competence.

3)

A copy of such notice

shall be

forwarded

to the blaster’s employer.

4)

Any

such notice

may be

terminated

when the

remedial

action

has

been

completed.

modified

to

correct

deficiencies

or

errors or

make other

changes

in

the notice

or to

change therequired abatement date, or vacated if the infraction did not occuror occurred

as the result of sabotage by persons other than the blaster.

5)

The blaster may file a request for review with the Department.

and if desired, a hearing

within 30

days of the receipt of the notice of infraction. The request shall

include

the

blaster’s name. licensure number, identification ofthe hotice. and the date ofthe notice.

The request shall be

forwarded to:

Illinois Department ofNatural Resources,

Office of

Mines

and

Minerals,

524

S.

Second

St.,

Springfield,

IL

62701-1787.

If a

hearing

is

requested,

the

hearing

shall

be

conducted

in

accordance

with

62

Ill.

Adm.

Code

300.245(b) and shall be held in Springfield.

The Department shall give at least five days

notice of the date, time and location ofthe hearingto

the blaster, his or her employer and

any person who

filed

a report which

led to

the notice that was issued.

6)

The filing of a request for hearing shall not

act as a stay ofthe remedial actions required

as part of the notice ofinfraction.

c)

License

Suspension or Revocation

I)

The Department shall

issue to the blaster a written notice to show cause why his

license

should not be suspended or revoked

for a

specified period (not to exceed the term of the

license)

upon

a

finding of:

A)

A

willful commission

of an

infraction; or

B)

A failure

to complete the remedial action stated in a Notice of Infraction.

2)

The blaster shall have

21

days from the receipt date of the notice, or other time

period

necessary

for adequate

response as may

be

set

out

in

the

notice,

in

which

to

file

an

answer and request a hearing. If the blaster files an

answer to

the show cause order and

requests

a hearing, a public

hearing shall be provided and conducted in accordance with

62

Ill. Adm.

Code 300.248. The Department shallgive30 days written notice ofthe date,

time and location ofthe hearing to the blaster, the blaster’s em~loyer

and any person who

filed

a report which led

to the order that

was issued.

---

62 ILLINOIS ADMINISTRATIVE CODE

Part

300

3)

Ifthe Department determines that the infraction resulting from the willful act on the pan

ofthe blaster creates an imminent danger to the health or safety ofthe public or imminent

damage

to

public

or

private

property,

the

Department

shall

immediately

issue

a

temporary

suspension of the

blaster’s

license.

The temporary

suspension shall

be

in

writing,

and

shall,

with reasonable

specificity, set

forth the nature of the infraction and

the imminent danger or damage incurred or about to be incurred. Such suspension shall

be

subject to a hearing to be provided not less than

15

days after the

blaster’s receipt of

the temporary suspension. The hearing shall determine whether the suspension shall be

continued or terminated or whetherthe license shall be revoked. Temporary suspension

issued under the authority ofthis

subsection shall not exceed

15 days. The hearing shall

be

conducted

in

accordance with

62

Ill.

Adm.

Code

300.248

and

shall

be

held

at the

Department’s Springfield

office.

4)

Upon*ritten notice ofrevocation, including the findings upon which the notice is based.

the blaster shall without delay surrender the revoked license to the Department.

(Source: Amended at 23

Ill. Reg.

11231, effective August 26,1999)

Section

300.245

Notices ofViolation

a)

An authorized representative of the Department shall issue a notice of violation if. on

the basis

of an inspection,

he or she finds

a violation

(of this

Part)

for which a cessation order may not

be

issued under Section 300.246.

b)

A notice of violation

issued

under this

Section

shall be

in

writing, signed

by

the

authorized

representative who issued it,

and shall

set

forth with reasonable

specificity:

1)

The nature of the violation;

2)

Statute Sections or regulations

violated;

3)

The remedial action required, which may include

interim

steps;

4)

A reasonable time for abatement, which may include time for accomplishment ofinterim

steps;

and

5)

A reasonable

description of the portion ofthe blasting area to which

it applies.

c)

A

notice of violation

shall be

served

upon

the operator or an

agent of the operator, if either is

present

on site.

Ifthe operator, or operator’s agent. are not present, the notice ofviolation shall

be

mailed

to

the

operator’s address. The notice of violation

shall

be

considered

served

when

personally delivered or mailed.

d)

Theoperator issued the notice ofviolation mayprovide the’Department a written response to the

violation(s)

within fourteen (14) days of the delivery

or mailing of the notice.

Such written

response

may

include

a

proposed

alternative

to

the Departments

specified

remedial

action

needed to

abate

the violation(s).

The Department shall consider any information so submitted

in

determining the facts surrounding the violation

and

the amount of the penalty. The written

response shall be submitted to the Illinois Department ofNatural Resources, Office ofMines and

Minerals.

524

S. Second

Street,

Springfield, Illinois

62701-1787.

---

62

ILLINOIS ADMINISTRATIVE CODE

Part

300

e)

The

notice ofviolation

shall provide

that

the operator

named

in

the

notice

has

the

right

to

request a hearing to contest the facts ofthe violation(s) alleged by the Department. as well as the

civil penalty assessed, afterthe issuance ofthe Office ofMines and Minerals Decision, pursuant

to

Sections 300.247

and

300.248.

A notice of violation issued under this

Section

shall continue

in effect

until modified, vacated

or terminated

by

the Department. Termination

shall

not

affect

the right of the

Department

to

assess civil penalties

for those violations in

accordance with

Section 240.247(d).

A notice of

violation canonly be terminated when all abatement

action required by the Departmenthas been

completed.

g)

A

notice of violation may

be modified,

vacated or terminated in

writing by either:

1)

An authorized representative of the Department; or

2)

The issuance of an Offlce ofMines and Minerals Decision pursuant to

Section 300.247.

(Source: Added at 20111.

Reg.

9546,

effective July

1,

1996)

Section 300.246

Cessation Orders

a)

Standards for Issuance

I)

An authorized representative of the Department shall immediately

order

a

cessation of

blasting operations if he or she finds, on the basis ofany

State inspection, any condition

or

practice,

or

any

violation

of Section

6.5

of the

Act,

which

may

cause

injury

to

person(s) or public or private property outside the blasting zone.

2)

Ifthe cessation order

will not completely abate the imminent danger or harm in the most

expeditious

manner

possible,

the authorized

representative

of the

Department

shall

impose

affirmative

obligations

on

the

operator

to

whom

it

is

issued

to

abate

the

condition,

practice or violation.

The order

shall specify the time by

which

abatement

shall

be

accomplished

and

may

require,

among

other

things.

the

use of existing

or

additional personnel

and

equipment.

b)

A cessation order

shall be in writing, signed by the authorized representative who

issued

it.

and

shall

set

forth with reasonable specificity:

- _______

—

1)

The nature of the condition, practice or violation;

2)

The remedial action

or affirmative

obligation required, if any,

including interim

steps,

if appropriate;

3)

The

time established

for abatement,

if appropriate, including the

time

for meeting any

interim

steps;

and

4)

A reasonable description ofthe portion ofthe blasting zone

to which

it applies.

c)

A cessation order shall be served upon the operator or an agent ofthe operator, ifeither is present

on site.

If the operator, or operator’s agent, are not present, the cessation order shall be

sent

to

---

62

ILLINOIS ADMINISTRATIVE CODE

Part 300

the operator’s address by certified mail,

return receipt requested.

The cessation order shall

he

considered served when personally delivered or mailed.

d)

Mining

operations

and

other activities

intended

to

protect

public

health

and

safety

and

the

environment may continue during the period of any cessation order unless otherwise ~rovtded

in

such order.

e)

The operator issued the cessation order

may provide the Department a

written response to

the

violation(s)

cited on or before fourteen (14) days of the delivery or mailing of the

order.

Such

written response

may

include

a

proposed alternative

to

the Department’s

specified

remedial

action

needed

to

abate

the

violation.

The

Department

shall

consider

any

information

so

submitted in determining the facts surrounding the violation and the amount ofthe penalt\. The

written response shall be

submitted to

the Illinois Department of Natural Resources.

Office of

Mines

and Minerals.

524

5.

Second Street, Springfield,

Illinois 62701-1787.

fl

The cessation order shall provide that the person or operator

named in the order has the right to

request

a hearing

to

contest the

fact of the violation alleged by

the Department,

as well

as the

civil penalty assessed, after the issuance ofthe Office ofMines and Minerals Decision, pursuant

to Sections 300.247 and 300.248.

In addition, the cessation order shall provide that the operator

named in the order has the right

to request a hearing for temporary relief from

the cessation of

blasting operations,

in

accordance with Section 300.249.

A cessation order

issued under this

Section shall continue in effect

until modified,

vacated or

terminated by the Department.

Termination shallnot affect the right ofthe Department to assess

civil

penalties

for those violations

in

accordance with Section

240.247(d).

A cessation

order

can

only

be

terminated

when

all

abatement

action

required

by

the

Department

has

been

completed.

h)

A cessation order

may

be modified, vacated or terminated in

writing by

either:

I)

An authorized representative of the

Department; or

2)

The issuance ofan Office ofMines and Minerals Decision

pursuant to

Section 300.247.

i)

The

filing

of a

request

for

a

hearing under

Section

300.248

shall

not

operate

as

a

stay of the

cessation order. The cessation order may be stayed by the grant oftemporarv relief in accordance

with

Section

300.249.

(Source: Added

at

20

Ill.

Reg.

9546,

effective July

1,

1996)

Section

300.247

Office of Mines and Minerals Decision

a)

Upon receipt of a notice of violation or cessation order, the Director ofthe Office ofMines and

Minerals, or his designee.

shall conduct an investigation and

either affirm, vacate or modify the

notice of violation or cessation order.

b)

Modification of the Notice of Violation or Cessation Order may include:

1)

Any different or additional remedial actions necessary to abate the violation

and the time

within which the violation must be abated;

---

62 ILLINOIS ADMINiSTRATIVE CODE

Paft

300

2)

The assessment of civil penalties for each and

every act of violation:

3)

Probationary

or permanent modification

or conditions on the blasting site

which

may

include special monitoring

or reporting requirements;

4)

The extension of

time set for abatement or for accomplishment of an

interim step

may

be extended due to the existence of any

additional conditions

or factors

in ag2ravation

or mitigation

of the violation, including

information provided

by

the operator. if the

failure to meet the time previously set was not caused by lack of diligence on the part of.

the operator to whom

it was issued;

and

5)

Termination

(when

all

abatement

action

required

by

the

Department

has

been

completed).

c)

Inability to

Comply

1)

No cessation order or notice of violation issued under this

Part

may be vacated because

of an inability to

comply.

2)

Unless

caused

by

lack

of diligence,

inability

to

comply

may

be

considered

only

in

mitigation of the amount

of civil penalty under (d) of this Section.

Civil

Penalty Assessment Process.

The Department

shall assess

a

penalty

for

each notice of violation

or cessation

order.

In

determining

the amount

of civil

penalties

to

assess,

the Director of the Office

ofMines

and

Minerals, or his

designee,

shall consider:

1)

The

operator’s history of previous violations.

For purposes ofdetermining the history

ofviolations, the Department

shall consider only those violations occurring at

the same

mining

operation within a one

year period.

A)

A violation shall not be

counted if the notice

or order is the subject ofpending

•

administrative review by the Department under Section 300.248 or if the time to

request such review has not

expired,

and thereafter

it shall

be counted for only

on~

year after the date ofthe Department’s final administrative decision or a final

judicial decision affirming_the_Departments decision;

—

B)

No violation for which the notice or order has been vacated shall be

counted;

C)

History ofViolations

i)

First violation of the rule,

assess

$100.

ii)

Second violation ofthe same rule within a one year period from the date

of issuance of the first violation or the date ofthe final administrative or

judicial decision, assess

$250.

iii)

Third and subsequent violationsofthe same rule within a one year period

from

the date of issuance of the

first

violation

or the date of the final

---

62 ILLINOIS ADMINISTRATIVE

CODE

Part

300

administrative or judicial decision, assess $500.

2)

The seriousness of

the violation.

A)

If the violation

did

not

causE

injury

to

persons

or cause

damage

to

public

or

private property, or ifthe Department cannot clearly make the determination that

the violation

caused

injury

to

persons

or caused

damage

to

public

or prrvate

property, add $100.

B)

Ifthe violation caused injury to persons or

damage to public or private property.

add

$500.

3)

The degree of culpability of the operator.

A)

If the Department cannot make

a

determination that

the operator failed

to

use

reasonable

care in the desi~n

or execution of the blast, add

SO

(no fine assessed).

B)

If the violation occurred due to the operator’s failure to use reasonable care in the

design

or execution of the blast, add

$250.

C)

If

the

violation

occurred

as

a

result

of the

operator’s

reckless

or

deliberate

conduct, add

5750.

4)

Administrative Requirements: In the case ofa violation ofan administrative requirement.

such

as

a requirement to keep records,

the Department shall

assess a civil penalty of up

to

5100.

e)

The

Office

of Mines

and

Minerals Decision, including

the

civil

penalty assessment,

shall

be

served

on

the

operator

within

60 days of the issuance of the notice of violation or cessation

order.

The Office of Mines and Minerals Decision shall provide

that the operator has the right

to

request

a

hearing

to

contest the

facts of the

violation andlor the

civil

penalty

assessed

in

accordance with

Section

300.248(a).

The

Office of Mines

and

Minerals Decision affirming.

vacating, terminating or modi~’ingthe notice of violation or cessation order shall be

served by

certified

mail, return receipt requested, and

shall be

considered served upon

mailing.

f)

If the Office of Mines and Minerals Decision includes the assessment ofa civil penalty, and the

operator

named

in

such

decision

does

not

request

a

hearing

in

accordance

with

Section

300.248(a)

to

contest

the

amount

of the penalty,

the

amount

assessed

slall

be

paid

to

the

Department

in

fill

within 30 days of service of the Office ofMines and

Minerals Decision.

g)

An Office ofMines

and Minerals Decision riot appealed

in accordance with Section 300.248(a)

within

30 days of service shall become

a

final administrative decision of the Department.

The

operator’s failure to request a hearing in

accordance with Section

300.248(a) shall constitute a

waiver of all

legal rights to contest the Office of Mines and’Minerals Decision or the cessation

order,

including

the amount

of any civil

penalty assessed.

The

filing

of a request

for hearing

under

Section

300.248(a)

shall

not

operate

as

a

stay

of the

Office of Mines

and

Minerals

Decision.

h)

•

All

civil

penalties assessed

and

paid

to

the Departmentshafl be

deposited

in

the Aggregate

Operations Regulator)i Fund.

---

62

ILLINOIS ADMINISTRATIVE CODE

Pan

300

(Source: Amended at 23111.

Reg.

11231,

effective August 26,1999)

Section 300.248

Hearings

a)

An operator shall have

30

days from

the dale of service of the Office of Mines

and

Minerals

Decision to request a hearing. All requests for hearing shall be mailed or delivered to the Illinois

Department

of Natural

Resources,

Office

of Mines

and

Minerals.

524

S.

Second

Street.

Springfield,

Illinois 62701-1787.

b)

Upon

receipt

of

a

request

for

hearing

submitted

in

accordance

with

subsection

(a).

the

Department shall provide an oppominity for a formal hearing upon not less

than

5

days written

notice mailed to the operator submitting the hearing request.

The hearing shall be conducted by

a

hearing

officer desi~n’atedby

the Director and

shall

be

conducted

in

accordance

with

the

following procedures:

1)

Pre-hearing conferences:

A)

Shall

be

scheduled within 30 days of the request

for heanng:

i)

to

define the factual

and

legal

issues to be

litigated at the administrative

hearing;

ii)

to

determine the timing and

scope of discovery available to the parties;

iii)

to

set

a

date for

the parties

to

exchange

all

documents they

intend

to

introduce

into

evidence during

the

hearing,

a

list

of all

witnesses

the

parties

intend

to

have testify

and

a

summary

of the testimony

of each

such witness;

iv)

to

schedule

a date for the administrative hearing; and

v)

to

arrive

at

an equitable settlement of the hearing request, if possible.

B)

.

May be conducted viatelephone conference ifsuch procedure

is acceptable to all

parties to the hearing. In the event that a telephone conference is not acceptable

to all parties, the pre-hearing conference shall be conducted at a

place designated

by the hearing officer.

2)

Either party may

file

motions

for default

judgment,

motions for

summary judgment,

motions

for

protective

orders

and

motions

for

orders

compelling

discovery.

The

Department’s hearing officer shall

grant or deny such motions within fifteen (15) days

after service. Any order granting a motion for defaultjudgrnentor a motion for summary

judgment shall constitute the Department’s final administrative decision as

to the Office

of Mines and Minerals Decision or cessation order being contested.

3)

Ifa settlement agreement is entered into at

any stage ofthe hearing process, the operator

to

whom

the notice of violation or cessation order was issued

will be

deemed

to

have

waived

all

right to

further review of the violation or civil

petialty in question,

except as

otherwise expressly provided for in the settlement agreement. The settlement agreement

shall

contain

a waiver clause to this effect.

All settlement agreements shall be executed

---

62

ILLU’JOIS ADMINISTRATiVE CODE

Pan

300

by thehearing officer and shall constitutethe Department’s final administrative decision

as

to the Office of Mines and

Minerals Decision or cessation order being contested.

4)

All hearings under this Section shall be conducted in

accordance with the contested case

provisions

set forth

in Article

10 ofthe Illinois Administrative Procedure Act

5

ILCS

100/Art.

10.

All hearings under this

Section shall be conducted

in Springfield.

Illinois.

5)

At the hearing the Department shall havethe burden ofproving the facts ofthe violation

alleged

in

the notice of violation or cessation

order at issue.

The amount of any

civil

penalty

assessed

shall

be

presumed

to

be

proper;

however,

the operator

may

offer

evidence to rebut this presumption. The standard ofproofshall be a preponderance ofthe

evidence.

The operator shall

have the right

to

challenge

the

hearing

officer if the

operator believes

the

hearing

officer

is

prejudiced

against

him

or

has

a

conflici

of

interest. If the hearing officer

disqualifies himself,

the Director of the Department

of

Natural

Resources

shall

designate

a

new

hearing

officer.

The heanng officer

shall

conduct

the hearing,

hear the

evidence and

at

the

conclusion

of the

hearing render

recommended findings offact, recommended conclusions oflaw and recommendations

as

to the disposition of the case.

c)

The Director ofthe Department ofNatural Resources shall review the administrative record

in

a

contested

case,

in

conjunction

with

the

hearing

officer’s

recommended

findings

of fact,

recommended conclusions of law

and recomhiendations

as to the disposition of the

case. The

Directorofthe Department ofNatural Resources shallthen issue the final administrative decision

affirming,

vacating or modi~vingthe hearing officer’s decision.

d)

Judicial

Review.

Following

service of the

Department’s

final

administrative

decision,

the

operator may request judicial

review of that

decision

in

accordance with

the Administrative

Review

Law.

735

ILCS

5/3.

(Source: Added

at 20

Ill.

Reg. 9546.

effective July

1,

1996)

Section

300.249

Temporary Relief

a)

Pending the holding ofa hearing or entry ofa final administrative decision relating to

a cessation

order issued

under Section

300.246, the operator affected by the Department’s

action

may file

a wntten request for temporary relief from the cessation order, together with

a detailed statement

giving reasons for granting such

relief

The

operator

shall file the

request for temporary relief

within

14

days of service of the cessation order.

b)

The Department shall commence

a hearing within

5

days after receipt of a

timely request for

temporary relief and

may

grant such

relief,

under such conditions

as

it

may prescribe, if the

operator requesting temporary

relief

shows

a

substantial

likelihood

that

the

findings of the

Department will be favorable to him and such reliefwill not adversely affect

the health or safety

ofthe public or cause significant environmental harm or significant damage to property.

c)

All hearingsunder this Section shall be conducted by a hearing officerdesignated by the Director

in

accordance

with

the

contested

case

provisions

set

forth

in

Article

10

of

the

Illinois

Administrative

Procedure

Act

5

ILCS

100/Art.

10.

All

hearings under this

Section

shall be

conducted

in

Springfield,

illinois.

---

62

ILLINOIS ADMINISTRATIVE CODE

Pan

30U

d)

The Department’s hearing officer shall issue a final administrative decision granting or denying

temporary relief from the cessation order within

7 days ofthe close ofthe administrative record.

e)

Judicial

Review.

Following

service of the Depanme~t’sfinal administrative decision a-anting

or denying temporary relief from the cessatiön order, the operator may requestjudicial

review

of that decision in accordance with the Administrative Review Law.

735

ILCS

5/Art.

III.

(Source: Added at 20111. Reg.

9546,

effective July

1,

1996)

Section 300.250

Subpoenas

a)

Any party to

proceedings brought under

Sections 300.248

and

300.249

ofthis Part

may

app Iv

for subpoenas to compel the attendance ofwitnesses and the production of relevant documents

b)

The appli~

shall

sub~mirthesubpoena

request

to

the

Department’s

hearing

officer.

The

subpoena

request

shall

specifically

identi~’the witness

or relevant documents

sought

to

be

produced.

c)

The hearing officer

shall

issue subpoenas within

7 calendar days from the receipt of a

request

made

in

accordance with

subsection

(b)

above

and

deliver the subpoena to

the applicant who

shall serve all

subpoenas issued by certified mail, return receipt requested, at least

7 days before

the date set

for the hearing.

Any witness

shall respond to

any

lawful subpoena of which he

has

actual knowledge, ifpa~ment

ofthewitness

fee and mileage applicable in the State circuit courts

has been tendered.

Service of a subpoena

may be proved prima facie

by a

return receipt signed

by the witness or his authorized agent and an affidavit showing that themailing was prepaid and

was

addressed

to the

witness, restricted

deliver-v,

with

a

check or money order for the

fee

and

mileage enclosed.

d)

Any party served with

a subpoena under this Section may file with the hearing officer,

and serve

on

all

parties,

a motion

for an

order quashing the subpoena. in whole or in

part. All motions

to

quash filed under

this

subsection

shall

set

forth

a

factual

and/or legal

basis

for granting such

relief.

e)

The

hearing officer

shall

issue,

and

serve

on

all

parties.

a decision

granting or denying

the

motion

to quash within

7

calendar days from the receipt of the motion.

(Source:

Added

at

20111. Reg.

9546.

effective July

1.

1996)