Old Ben Coal Co. v. Department of Mines & Minerals

566 N.E.2d 813, 207 Ill. App. 3d 1088, 152 Ill. Dec. 936, 1991 Ill. App. LEXIS 177
CourtAppellate Court of Illinois
DecidedJanuary 25, 1991
Docket5-89-0352
StatusPublished
Cited by8 cases

This text of 566 N.E.2d 813 (Old Ben Coal Co. v. Department of Mines & Minerals) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Old Ben Coal Co. v. Department of Mines & Minerals, 566 N.E.2d 813, 207 Ill. App. 3d 1088, 152 Ill. Dec. 936, 1991 Ill. App. LEXIS 177 (Ill. Ct. App. 1991).

Opinion

JUSTICE GOLDENHERSH

delivered the opinion of the court:

Plaintiff, Old Ben Coal Company, appeals from an order of the circuit court of Franklin County affirming the holding of a hearing officer of defendant, Department of Mines and Minerals. In this cause, plaintiff argues that while under an interim permit granted by defendant, it is not bound by the permanent regulations. We affirm.

The Congress enacted the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. §1211 et seq. (1988)) (hereinafter Federal Act) in August 1977. On August 11, 1978, the General Assembly passed Public Act 80 — 1342 (hereinafter interim Act) to participate in the initial regulatory program of the Federal Act. The interim Act amended the Surface-Mined Land Conservation and Reclamation Act (Ill. Rev. Stat. 1989, ch. 96V2, par. 4501 et seq.) approved September 17, 1971. The interim Act allowed defendant to issue interim permits for surface coal mining operation. Pub. Act 80 — 1342 §17, eff. Aug. 11, 1978 (adding Ill. Rev. Stat. 1979, ch. 961/2, par. 4520).

Plaintiff sought interim permits for its mines No. 21, No. 24, and No. 25, which were granted on September 17, July 22, and September 22, 1980.

On April 12, 1979, the permanent Federal regulations became effective. On June 1, 1980, the Illinois permanent Act, the Surface Coal Mining Land Conservation and Reclamation Act (Ill. Rev. Stat. 1981, ch. 961/2, par. 7901 et seq.) (hereinafter permanent Act) replaced the interim Act. Under the permanent Act, defendant promulgated the Surface Coal Mining Land Conservation and Reclamation State Program Rules and Regulations (62 Ill. Adm. Code §1700.11 et seq. (1985)) (hereinafter permanent regulations)). The parties agree that the United States Secretary of the Interior conditionally approved these permanent regulations on June 1, 1982, citing 47 Fed. Reg. 23858 (June 1, 1982).

In July 1982, plaintiff applied for permanent permits. The applications were deemed administratively complete, but substantive problems continued to exist as of July 1984.

On April 6, 1984, defendant issued notice of violation No. 20 — 3— 84 for mine No. 24. On April 25, 1984, defendant issued notice of violation No. 20 — 6—84 for mine No. 21. On May 15, 1984, defendant issued notice of violation No. 20 — 4—84 for mine No. 25. Each notice of violation alleged that plaintiff violated 62 Ill. Adm. Code §1817.122 by failing to notify surface owners and residents above the area of underground workings at least six months prior to mining. Plaintiff admits these violations, but argues that it is not governed by the regulation in question.

On October 19, 1984, a hearing was held. Following the hearing, both parties filed briefs -with the hearing officer. On January 16, 1985, the hearing officer issued his decision holding that 62 Ill. Adm. Code §1817.122 applied to the mines in question at the time the notices of violation were issued. The officer further held that section 1817.122 was valid under section 1.02 of the permanent Act. (Ill. Rev. Stat. 1983, ch. 961/2, par. 7901.02(c).) Finally, the officer affirmed all three notices of violation. The circuit court of Franklin County affirmed the hearing officer’s determination in full on January 15, 1987, holding that the findings were not against the manifest weight of the evidence and the interpretation of law was reasonable. The circuit court granted plaintiff’s motion to reconsider and remanded the case to the hearing officer to review the legality of defendant’s enforcement in light of recent United States Department of the Interior Office of Hearings and Appeals cases submitted by plaintiff. The hearing officer concluded that these new cases do not affect his prior ruling. On April 27, 1989, the circuit court reaffirmed the hearing officer’s decision.

Plaintiff argues that defendant erroneously applied a permanent regulation to it while it had an interim permit. Defendant responds that the statute in question requires compliance with all regulations, interim and permanent, by February 1, 1983.

In construing a statute or regulation, Illinois courts are guided by basic tenets of statutory construction. Normally, courts will try to give effect to every word, clause and sentence. (Bauer v. H.H. Hall Construction Co. (1986), 140 Ill. App. 3d 1025, 1028, 489 N.E.2d 31, 33.) We cannot adopt a construction which renders words or phrases superfluous or meaningless. (In re Application of the County Collector (1989), 132 Ill. 2d 64, 72, 547 N.E.2d 107, 110; People v. Parvin (1988), 125 Ill. 2d 519, 525, 533 N.E.2d 813, 815.) Where more than one construction can be placed on a statute, a court should select the construction which leads to a logical result and avoid that which would be absurd. (Illinois Department of Revenue v. Country Gardens, Inc. (1986), 145 Ill. App. 3d 49, 56, 495 N.E.2d 161, 166; People v. Jones (1985), 134 Ill. App. 3d 1048, 1051, 481 N.E.2d 726, 728.) As we stated in Jones:

“The prime consideration in construing a statutory enactment is to give effect to the intent of the legislature. In ascertaining the legislature’s intention, the entire statute must be considered, as well as the evil to be remedied and the object to be obtained.” (134 Ill. App. 3d at 1051, 481 N.E.2d at 728.)

In addition, our courts have given great deference to the interpretation of an ambiguous statute by an agency charged with the administration and enforcement of the statute. (Illinois Power Co. v. Illinois Commerce Comm’n (1986), 111 Ill. 2d 505, 510-11, 490 N.E.2d 1255, 1257; Chemed Corp. v. State of Illinois (1989), 186 Ill. App. 3d 402, 410, 542 N.E.2d 492, 497.) Finally, perhaps the most basic tenet of statutory construction directs that the language of the statute should get its plain and ordinary meaning. Coldwell Banker Residential Real Estate Services of Illinois, Inc. v. Clayton (1985), 105 Ill. 2d 389, 396, 475 N.E.2d 536, 539.

Section 4.01 states:

“General Requirement. Each person conducting underground mining operations shall as a minimum comply with all applicable performance standards set forth in this Article. Each permit issued under this Act to conduct underground mining operations shall require as a minimum that such operations meet all applicable requirements set forth in this Article.” Ill. Rev. Stat. 1981, ch. 96V2, par. 7904.01.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Citizens Opposing Pollution v. Exxonmobil Coal U.S.A.
2012 IL 111286 (Illinois Supreme Court, 2012)
Citizens Opposing Pollution v. Exxonmobil Coal U.S.A.
936 N.E.2d 181 (Appellate Court of Illinois, 2010)
Winn v. Mitsubishi Motor Manufacturing of America, Inc.
721 N.E.2d 819 (Appellate Court of Illinois, 1999)
People v. Tiney-Bey
707 N.E.2d 751 (Appellate Court of Illinois, 1999)
In re Detention of Tiney-Bey
Appellate Court of Illinois, 1999
Village of Sauget v. Cohn
610 N.E.2d 104 (Appellate Court of Illinois, 1993)

Cite This Page — Counsel Stack

Bluebook (online)
566 N.E.2d 813, 207 Ill. App. 3d 1088, 152 Ill. Dec. 936, 1991 Ill. App. LEXIS 177, Counsel Stack Legal Research, https://law.counselstack.com/opinion/old-ben-coal-co-v-department-of-mines-minerals-illappct-1991.