Ill. Admin. Code tit. 32, § 332.110 - General Conditions of Licenses
a) The licensee shall be subject to the
provisions of the Act and to all rules, regulations, and orders of the Agency.
The terms and conditions of the license are subject to amendment, revision, or
modification, by reason of amendments to, or by reason of regulations and
orders issued in accordance with, the terms of the Act.
b) Each person licensed by the Agency
pursuant to this Part shall confine possession and use of materials to the
locations and purposes authorized in the license.
c) The licensee shall not process any ore or
place any byproduct material in any surface impoundment or disposal area until
the Agency has inspected the surface impoundment or disposal area and, based on
the results of the inspection, has determined that the surface impoundment or
disposal area conforms to the description, design and construction described in
the application for the license.
d)
No license issued pursuant to this Part, or any right under that license, may
be transferred, assigned or in any manner disposed of, either voluntarily or
involuntarily, directly or indirectly, through transfer of control of the
license to any person, unless the Agency finds, after securing information,
that the transfer is in accordance with the provisions of the Act and gives its
consent in writing in the form of a license amendment.
e) The authority to receive and process ores
and to place byproduct material within any surface impoundment and disposal
area expires on the date stated in the license. Any expiration date on a
license applies only to the receipt and processing of ores and the emplacement
of byproduct material. Failure to renew the license shall not relieve the
licensee of responsibility for implementing reclamation, decontamination,
stabilization and closure, postclosure observation and maintenance and transfer
of the license to the ultimate governmental owner.
f) The license will terminate only on the
full implementation of the final closure plan as approved by the Agency,
including postclosure observation and maintenance, and meeting the requirements
of Section
332.140
of this Part.
g) Notification of
Bankruptcy
1) The licensee shall notify the
Agency, in writing, immediately following the filing of a voluntary or
involuntary petition for bankruptcy under any Chapter of
11
USC 101 et seq. (Bankruptcy) of the United
States Code by or against:
A) The
licensee;
B) An entity (as that
term is defined in
11
USC 101(15) ) controlling
the licensee or listing the license or licensee as property of the estate;
or
C) An affiliate (as that term is
defined in
11
USC 101(2) ) of the
licensee.
2) This
notification shall indicate:
A) The bankruptcy
court in which the petition for bankruptcy was filed; and
B) The date of the filing of the
petition.
h)
The licensee shall submit written statements, as requested by the Agency at any
time before termination of the license, to enable the Agency to determine
whether the license should be modified, suspended or revoked.
Notes
Amended at 32 Ill. Reg. 16756, effective October 6, 2008
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