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Public Act 100-1099
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| SB3309 Enrolled | LRB100 18759 SLF 33994 b |
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AN ACT concerning State government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Abandoned Mined Lands and Water Reclamation |
Act is amended by changing Sections 2.02, 2.03, 2.04, 2.05, |
2.09, 2.11, and 3.04 as follows:
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(20 ILCS 1920/2.02) (from Ch. 96 1/2, par. 8002.02)
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Sec. 2.02. Manner of Reclamation.
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(a) The Department shall determine the
manner of |
reclamation of designated abandoned lands, and shall make |
recommendations as to the use of those
lands after reclamation.
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(b) The Department may by rule provide for the filling of
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voids and sealing of tunnels, shafts and entryways, and |
reclamation of the
surface impacts of underground or surface |
mines.
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(Source: P.A. 89-445, eff. 2-7-96.)
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(20 ILCS 1920/2.03) (from Ch. 96 1/2, par. 8002.03)
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Sec. 2.03. Priorities.
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(a) Expenditures of moneys on abandoned lands for the |
purposes of this
Article shall reflect the following priorities |
in the order stated:
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(1) the protection of public health, safety, general |
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welfare, and property
from extreme danger of adverse |
effects of coal mining practices or the restoration of land |
and water resources and the environment that have been |
degraded by the adverse effects of coal mining practices |
and are adjacent to a site that has been or will be |
remediated under this subparagraph (1);
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(2) the protection of public health, and safety, and |
general welfare from
adverse effects of coal mining |
practices or the restoration of land and water resources |
and the environment that have been degraded by the adverse |
effects of coal mining practices and are adjacent to a site |
that has been or will be remediated under this subparagraph |
(2);
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(3) the restoration of land and water resources and the |
environment
previously
degraded by adverse effects of coal |
mining practices including measures
for the conservation |
and development of soil, water (excluding channelization),
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woodland, fish and wildlife, recreation resources, and |
agricultural
productivity;
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(4) (blank); research and demonstration projects |
relating to the development of
surface mining reclamation |
and water quality control program methods and
techniques;
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(5) (blank); the protection, repair, replacement, |
construction, or enhancement
of public facilities |
adversely affected by coal mining practices;
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(6) (blank). the development of publicly owned land |
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adversely affected by coal
mining practices including land |
acquired as provided in this Act
for recreation and |
historic purposes, conservation, and reclamation purposes
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and open space benefits.
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(b) The Department may by rule establish additional
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criteria, including but not limited to:
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(1) the financial ability of the landowners to abate |
pollution;
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(2) the potential economic value of the land under |
private ownership
subsequent to reclamation;
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(3) the potential value of the land in the public |
domain for conservation,
open space and recreation |
purposes subsequent to reclamation;
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(4) the proximity of abandoned lands to |
municipalities, residential areas,
and public facilities |
such as water supplies, parks and recreational areas.
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Such additional criteria shall be applied in a manner |
consistent with the
priorities in subsection (a) of this |
Section.
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(Source: P.A. 89-445, eff. 2-7-96.)
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(20 ILCS 1920/2.04) (from Ch. 96 1/2, par. 8002.04)
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Sec. 2.04. Reclamation.
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(a) The Department or such agency or department of
State |
government as the Department may designate pursuant to
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subsection (d) of Section 3.05 may enter and reclaim abandoned |
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lands under this
Section if the Department finds that:
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(1) land or water resources have been adversely |
affected by past coal
mining practices; and
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(2) the adverse effects are at a stage where, in the |
public interest,
action to restore, reclaim, abate, |
control, or prevent should be taken; and
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(3) the owners of the land or water resources where |
entry must be made
to restore, reclaim, abate, control, or |
prevent the adverse effects of past
coal mining practices |
are not known, or readily available; or the owners will not |
give permission for the United States, the States,
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political subdivisions, their agents, employees, or |
contractors to enter
upon such property to restore, |
reclaim, abate, control, or prevent the adverse
effects of |
past coal mining practices.
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(b) After (1) the findings required by subsection (a) of |
this Section
have been made, and (2) giving notice by mail |
return receipt requested to
the owners if known or if not known |
by posting notice upon the premises
and advertising once in a |
newspaper of general circulation in the municipality
in which |
the land lies, the Department or such agency or
department of |
State government as the Department may designate
pursuant to |
subsection (d) of Section 3.05 shall have the right to enter on
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the property adversely affected by past mining practices and |
any other property
to have access to such property to do all |
things necessary or expedient
to restore, reclaim, abate, |
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control, or prevent the adverse effects.
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(c) The moneys expended for such work and the benefits |
accruing to any
such premises so entered upon shall be |
chargeable against such land and
shall mitigate or offset any |
claim in or any action brought by any owner
of any interest in |
such premises for any alleged damage by virtue of such
entry. |
This provision is not intended to create new rights of action |
or
eliminate existing immunities.
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(d) Entry under this Section shall be construed as an |
exercise of the
police power for the protection of public |
health and , safety, and general welfare
and shall not be |
construed as an act of condemnation of property nor trespass
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thereon.
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(Source: P.A. 91-357, eff. 7-29-99.)
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(20 ILCS 1920/2.05) (from Ch. 96 1/2, par. 8002.05)
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Sec. 2.05. Studies and Exploration.
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(a) The Department or such agency or department of State
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government as the Department may designate pursuant to
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subsection (d) of Section 3.05 shall have the right to enter |
upon any property
for the
purpose of conducting studies or |
exploratory work to determine the existence of
adverse effects |
of past coal mining practices and to determine the feasibility
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of restoration, reclamation, abatement, control, or prevention |
of such adverse
effects.
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(b) Entry under this Section shall be construed as an |
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exercise of the
police power for the protection of public |
health and , safety, and general welfare
and shall not be |
construed as an Act of condemnation of property nor trespass
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thereon.
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(Source: P.A. 89-445, eff. 2-7-96.)
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(20 ILCS 1920/2.09) (from Ch. 96 1/2, par. 8002.09)
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Sec. 2.09. Liens.
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(a) Within 6 months after the completion of projects to |
restore, reclaim,
abate, control, or prevent adverse effects of |
past coal mining practices on
privately owned land under this |
Article, the
Department shall itemize the moneys so expended |
and may
file a statement thereof in the office of the county in |
which the land lies
which has the responsibility under local |
law for the recording of judgments
against land, together with |
a notarized
appraisal by an independent appraiser of the value |
of the land before the
restoration, reclamation, abatement, |
control, or prevention of adverse effects
of past mining |
practices if the moneys so expended shall result in a
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significant increase in property value. Such statement shall |
constitute a lien
upon the land. The lien shall not exceed the |
amount determined by
appraisal to be the increase in the market |
value of the land as a result of the
restoration, reclamation, |
abatement, control, or prevention of the adverse
effects of |
past coal mining practices.
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(b) No lien shall be filed under this Section against the |
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property of
any person, who owned the surface prior to May 2, |
1977, and who neither
consented to nor participated in nor |
exercised control over the mining
operation which necessitated |
the reclamation performed hereunder.
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(c) The landowner may proceed as provided by law to |
petition within 60
days of the filing of the lien, to determine |
the increase in the market
value of the land as a result of the |
restoration, reclamation, abatement,
control, or prevention of |
the adverse effects of past coal mining practices.
The amount |
reported to be the increase in value of the premises shall
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constitute the amount of the lien and shall be recorded with |
the statement
provided in this Section. Any party aggrieved by |
the decision may seek
appropriate judicial relief
at the |
Circuit Court.
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(d) The lien provided in this Section shall be entered in |
the county office
in which the land lies and which has |
responsibility under local law for
the recording of judgments |
against land. Such statement shall constitute
a lien upon the |
said land as of the date of the expenditure of the moneys
and |
shall have priority as a lien second only to the lien of real |
estate
taxes imposed upon said land or such lesser priority as |
may be permitted
or required by the Federal Act or regulations |
thereunder. The statement
shall state the priority claimed for |
such lien.
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To the extent that it is consistent with the Federal |
Surface Mining Control
and Reclamation Act of 1977, Public Law |
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P.L. 95-87, as amended, the Department shall
provide by rule |
for the accumulation of interest on the
amount secured by the |
lien.
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(Source: P.A. 89-445, eff. 2-7-96.)
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(20 ILCS 1920/2.11) (from Ch. 96 1/2, par. 8002.11)
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Sec. 2.11. Non-coal reclamation.
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(a) (Blank). It is hereby declared that open and abandoned |
tunnels, shafts, and
entryways and abandoned and deteriorating |
equipment, structures, and facilities
resulting from any |
previous non-coal mining operations constitute a hazard to
the |
public health and safety. The Department is authorized and
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empowered to fill
or seal such abandoned tunnels, shafts, and |
entryways and remove equipment,
structures, and facilities |
which it determines could endanger life and property
and |
constitute a hazard to the public health and safety.
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(b) The Department may make expenditures and carry out the
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purposes of this Section for lands mined for substances other |
than coal;
provided, however, that those non-coal reclamation |
projects be accorded a high priority under subsection (a) of |
paragraph (1) of Section 2.03 and that annual expenditures for |
non-coal reclamation do not
exceed 2% of the Department's |
annual budget for mine land
reclamation.
Except for those |
non-coal reclamation projects relating to the protection of
the |
public health or safety which shall be accorded a high |
priority, non-coal
reclamation expenditures shall be made only |
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after all reclamation with respect
to abandoned coal lands or |
coal development impacts has been accomplished.
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(c) In those instances where coal mine waste piles are |
being reworked
for conservation purposes, the Department may |
make additional
incremental
expenditures to dispose of the |
wastes from such operations by filling voids
and sealing |
tunnels if the disposal of these wastes is in accordance with
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the purposes of this Section.
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(d) The Department shall acquire, by purchase, exchange,
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gifts, condemnation or otherwise, the fee simple title or any |
lesser interest
in and to such land rights or other property as |
the Department
considers necessary to carry out the provisions |
of this Section. Transfers and
dispositions of such land shall |
be made in the same manner as prescribed by
Section 2.07 of |
this Act.
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(e) Consistent with this Section, the Department may enter
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and reclaim abandoned non-coal mined lands in the same manner |
as prescribed in
Section 2.04 of this Act.
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(Source: P.A. 97-991, eff. 8-17-12.)
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(20 ILCS 1920/3.04) (from Ch. 96 1/2, par. 8003.04)
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Sec. 3.04. Water Pollution Control. |
(a) The Department may set aside up to 30% of each year's |
allocation of available abandoned mine reclamation funds |
distributed annually from the State share and historic coal |
share funds into a separate fund for the abatement of the |
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causes and treatment of the effects of acid mine drainage in a |
comprehensive manner within qualified hydrologic units |
affected by coal mining practices. These funds shall be |
deposited into a special State account and will be used and |
accounted for in accordance with all applicable State and |
federal regulations used solely to achieve the priorities |
stated in Title IV of the federal Surface Mining Control and |
Reclamation Act of 1977. In this Section, "qualified hydrologic |
unit" means a hydrologic unit in which the water quality has |
been significantly affected by acid mine drainage from coal |
mining practices in a manner that adversely impacts biological |
resources and that contains land and water that are eligible |
for protection under Section 1.03 of this Act and includes any |
of the priorities described in Section 2.03 of this Act. |
(b) The Department or such
agency or department of State |
government as the Department may
designate pursuant to |
subsection (d) of Section 3.05 may construct and operate
a |
plant or plants for the control and treatment of water |
pollution resulting
from mine drainage. The extent of this |
control and treatment may be dependent
upon the ultimate use of |
the water. No control or treatment under this
Section shall in |
any way be less than that required under the Environmental
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Protection Act. The construction of a plant or plants may |
include major
interceptors and other facilities appurtenant to |
the plan.
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(Source: P.A. 89-445, eff. 2-7-96.)
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