Bill Text: IL SB1839 | 2017-2018 | 100th General Assembly | Engrossed


Bill Title: Amends the Coal Mining Act. Provides that a mine operator must provide the number of self-contained self-rescuer devices as required by the mine's approved Mine Safety and Health Administration Emergency Response Plan. Removes language concerning plan requirements submitted for approval to the Mining Board. Provides that rescue chambers must be provided and located within 1,000 (rather than 3,000) feet from the nearest working face of each working section of a mine. Provides that outby rescue chambers must be provided at distances and locations approved in the mine's approved Mine Safety and Health Administration Emergency Response Plan. Makes other changes. Effective immediately.

Spectrum: Slight Partisan Bill (Republican 19-7)

Status: (Engrossed) 2017-05-22 - House Committee Amendment No. 1 Rules Refers to Executive Committee [SB1839 Detail]

Download: Illinois-2017-SB1839-Engrossed.html



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1 AN ACT concerning regulation.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Coal Mining Act is amended by changing
5Sections 11.08 and 11.09 as follows:
6 (225 ILCS 705/11.08)
7 Sec. 11.08. Self-contained self-rescuer (SCSR) devices;
8caches; strobe lights; luminescent signs.
9 (a) An operator must require each person underground to
10carry a SCSR device on his or her person or, alternatively, a
11SCSR device must be kept within 25 feet of the person
12underground or may be kept more than 25 feet from the person
13underground if done according to a plan approved by the Mining
14Board.
15 (b) An operator must provide for each person who is
16underground at least one SCSR device, in addition to the device
17required under subsection (a), that provides protection for a
18period of one hour or longer, to cover all persons in the mine.
19This additional SCSR device must be kept within 25 feet of the
20person underground or may be kept more than 25 feet from the
21person underground if done according to a plan approved by the
22Mining Board.
23 (c) If a mantrip or mobile equipment is used to enter or

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1exit the mine, additional SCSR devices, each of which must
2provide protection for a period of one hour or longer, must be
3available for all persons who use such transportation from
4portal to portal.
5 (c-5) Beginning July 31, 2007, in addition to the SCSR
6devices required under subsections (a), (b), and (c) of this
7Section, an operator must provide, at a minimum, the number of
8SCSRs in the primary and alternate escapeways as required by
9the mine's approved Mine Safety and Health Administration
10Emergency Response Plan of 30 SCSR devices in each cache
11located within a mine. All SCSR devices required under this
12subsection (c-5) shall be stored in caches that are conspicuous
13and readily accessible by each person in the mine. If the
14average seam height of a mine is:
15 (1) less than 40 inches, caches must be located no more
16 than 2,200 feet apart throughout a mine;
17 (2) 40 inches or more, but less than 51 inches, caches
18 must be located no more than 3,300 feet apart throughout a
19 mine;
20 (3) 51 inches or more, but less than 66 inches, caches
21 must be located no more than 4,400 feet apart throughout a
22 mine; and
23 (4) 66 inches or more, caches must be located no more
24 than 5,700 feet apart throughout a mine.
25 An operator must submit for approval a plan addressing the
26requirements of this subsection (c-5) to the Mining Board on or

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1before May 1, 2007.
2 (d) (Blank). The Mining Board must require all operators to
3provide additional SCSR devices in the primary and alternate
4escapeways to ensure safe evacuation if the Mining Board
5determines that the SCSR devices required under subsections
6(a), (b), (c), and (c-5) are not adequate to provide enough
7oxygen for all persons to safely evacuate the mine under mine
8emergency conditions for all persons underground through both
9primary and alternate escapeways. The Mining Board must
10determine the time needed for safe evacuation under emergency
11conditions from each of those locations at 1,000 foot
12intervals. If the Mining Board determines that additional SCSR
13devices are needed under this subsection (d), the mine operator
14must submit a SCSR storage plan to the Mining Board for
15approval. The mine operator must include in the SCSR storage
16plan the location, quantity, and type of additional SCSR
17devices, including, but not limited to, SCSR devices required
18under subsections (a), (b), (c), and (c-5) of this Section,
19each of which must provide protection for a period of one hour
20or longer, that are stored in the primary and alternate
21escapeways. The SCSR storage plan must also show how each
22storage location in the primary and alternate escapeways was
23determined. The Mining Board must require the mine operator to
24demonstrate that the location, quantity, and type of the
25additional SCSRs provide protection to all persons to safely
26evacuate the mine. The SCSR storage plan must be kept current

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1by the mine operator and made available for inspection by an
2authorized representative of the Mining Board and by the
3miners' representative.
4 (e) (Blank).
5 (f) An operator must provide luminescent direction signs
6leading to each cache and rescue chamber in a mine, and a
7luminescent sign with the word "SELF-RESCUER" or
8"SELF-RESCUERS" must be conspicuously posted at each cache and
9rescue chamber.
10 (g) Intrinsically safe, battery-powered strobe lights that
11have been approved by the Department must be affixed to each
12cache and rescue chamber and must be capable of automatic
13activation in the event of an emergency; however, until such
14time as the Department approves intrinsically safe,
15battery-powered strobe lights, reflective tape or any other
16illuminated material approved by the Department must be affixed
17to each cache and rescue chamber in a mine.
18 (h) An operator must implement The Mining Board must adopt
19and impose a plan as required by the mine's approved Mine
20Safety and Health Administration Emergency Response Plan for
21the daily inspection of SCSR devices required under subsections
22(a), (b), and (c) of this Section in order to ensure that the
23devices perform their designated functions each working day.
24Additional SCSR devices required under subsections (c-5) and
25(d) must be inspected every 90 days to ensure that the devices
26perform their designated functions, in addition to meeting all

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1federal Mine Safety and Health Administration requirements.
2 (i) Any person who, without the authorization of the
3operator or the Mining Board, knowingly removes or attempts to
4remove any self-contained self-rescue device, battery-powered
5strobe light, reflective tape, or any other illuminated
6material approved by the Department from a mine or mine site
7with the intent to permanently deprive the operator of the
8device, light, reflective tape, or illuminated material or who
9knowingly tampers with or attempts to tamper with the device,
10light, reflective tape, or illuminated material is guilty of a
11Class 4 felony.
12 (j) (Blank).
13 (k) (Blank).
14(Source: P.A. 94-1041, eff. 7-24-06; 94-1101, eff. 2-9-07.)
15 (225 ILCS 705/11.09)
16 Sec. 11.09. Rescue chambers.
17 (a) Rescue chambers must be provided and located within
181,000 3,000 feet from the nearest working face of each working
19section of a mine, in accordance with the mine's approved Mine
20Safety and Health Administration Emergency Response Plan a plan
21submitted by an operator and approved by the Mining Board.
22 (a-5) Outby rescue chambers must also be provided at
23distances and locations approved in the mine's approved Mine
24Safety and Health Administration Emergency Response Plan.
25 (b) (Blank). An operator must submit a plan for approval

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1concerning the construction and maintenance of rescue chambers
2required under this Section to the Mining Board on or before
3May 1, 2007.
4(Source: P.A. 94-1041, eff. 7-24-06; 94-1101, eff. 2-9-07.)
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