Ill. Admin. Code tit. 62, § 1840.14 - Availability of Records
a) The
Department shall make available to the Office of Surface Mining Reclamation and
Enforcement (OSMRE), upon request, copies of all documents relating to
applications for and approvals of existing, new, or revised coal exploration
approvals or surface coal mining and reclamation operation permits and all
documents relating to inspection and enforcement actions.
b) Copies of all records, reports, inspection
materials, or information obtained by the Department shall be made immediately
available to the public in the area of mining until at least five years after
expiration of the period during which the subject operation is active or is
covered by any portion of a reclamation bond so that they are conveniently
available to residents of that area, except:
1) As otherwise provided by the Freedom of
Information Act [5 ILCS 140 ]; and
2) For information not required to be made
available under 62 Ill. Adm. Code
1772.15
and
1773.13(d)
or subsection (d) of this Section.
c) The Department shall ensure compliance
with subsection (b) by either:
1) Making
copies of all records, reports, inspection materials, and other subject
information available for public inspection at a Federal, State or local
government office in the county where the mining is occurring or proposed to
occur; or
2) At the Department's
option and expense, if the document is ten pages or less in length, providing
copies of subject information promptly by mail at the request of any resident
of the area where the mining is occurring or proposed to occur; however, the
Department shall maintain for public inspection, at a Federal, State or local
government office in the county where the mining is occurring or proposed to
occur, a description of the information available for mailing and the procedure
for obtaining such information.
d) In order to protect preparation for
hearings and enforcement proceedings, the Department may enter into agreements
with the Director of the OSMRE regarding procedures for the special handling of
investigative and enforcement reports and other such materials, which may limit
or refuse availability of investigatory records compiled for law enforcement
purposes.
Notes
Amended at 24 Ill. Reg. 5905, effective March 21, 2000
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