Ill. Admin. Code tit. 62 § 1702.15

Current through Register Vol. 48, No. 43, October 25, 2024

Section 1702.15 - Conditions of Exemption and Right of Inspection and Entry

a) A person conducting activities covered by this Part shall:

1) Maintain on-site or at other locations available to authorized representatives of the Department or the Secretary of the Interior (Secretary) information necessary to verify the exemption including, but not limited to, commercial use and sales information, extraction tonnages, and a copy of the exemption application and exemption approved by the Department;

2) Notify the Department upon the completion of the mining operation or permanent cessation of all coal extraction activities; and

3) Conduct operations in accordance with the approved application or when authorized to extract coal under Section 1702.11(b) or Section 1702.11(e)(3) prior to submittal or approval of an exemption application, in accordance with the standards of this Part.

b) Authorized representatives of the Department or the Secretary shall have the right to conduct inspections of operations claiming exemption under this Part.

c) Each authorized representative of the Department or the Secretary conducting an inspection under this Part:

1) Shall have a right of entry to, upon, and through any mining and reclamation operations without advance notice or a search warrant, upon presentation of appropriate credentials;

2) May, at reasonable times and without delay, have access to and copy any records relevant to the exemption; and

3) Shall have a right to gather physical and photographic evidence to document conditions, practices or violations at a site.

d) No search warrant shall be required with respect to any activity under Section 1702.15(b) and (c), unless otherwise required by the Criminal Code of 1961. (Ill. Rev. Stat. 1989, ch. 38, pars. 108-1 et seq.)

Ill. Admin. Code tit. 62, § 1702.15