(225 ILCS 705/34.03-1) (from Ch. 96 1/2, par. 3404)
Sec. 34.03-1.
Whenever the Department is notified that subsidence is causing
damage to surface areas overlying or in the proximity of an abandoned
mine, the Mining Board shall hold a public hearing concerning the matter
and publish its findings. If the Mining Board finds that subsidence in
an abandoned mine has caused or is likely to cause damage to surface structures
or constitutes a danger to the health, safety and welfare of the public,
and the condition is not remedied within 30 days after publication of the
findings, any duly authorized representative of the Department shall have
the right, without obtaining further consent, to enter any portion of the
abandoned mine by shaft, tunnel or otherwise, to perform refilling or such
other remedial work as is deemed necessary by the Department.
If the Director determines that irreparable injury will result unless immediate
action is taken, the entry may be authorized by the Director without notice
or hearing for the purpose of taking temporary remedial action to
minimize such injury pending the giving of notice and hearing.
(Source: P.A. 80-1.)
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