Sec. 332.110 - General Conditions of Licenses

ยง 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.

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Amended at 32 Ill. Reg. 16756, effective October 6, 2008

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