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Public Act 91-0727
HB3558 Enrolled LRB9111592JMmbA
AN ACT to amend the Abandoned Mined Lands and Water
Reclamation Act by changing Section 2.11.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Abandoned Mined Lands and Water
Reclamation Act is amended by changing Section 2.11 as
follows:
(20 ILCS 1920/2.11) (from Ch. 96 1/2, par. 8002.11)
Sec. 2.11. Non-coal reclamation.
(a) 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 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.
(b) The Department may make expenditures and carry out
the purposes of this Section for lands mined for substances
other than coal; provided, however, that annual expenditures
for non-coal reclamation do not exceed 2% of the Department's
annual budget for mine land reclamation through August 31,
1999; and provided further, that all obligations for such
expenditures shall be made by August 31, 2001 1999. 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 after all reclamation with respect to
abandoned coal lands or coal development impacts has been
accomplished.
(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
the purposes of this Section.
(d) The Department shall acquire, by purchase, exchange,
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.
(e) Consistent with this Section, the Department may
enter and reclaim abandoned non-coal mined lands in the same
manner as prescribed in Section 2.04 of this Act.
(Source: P.A. 88-185; 89-445, eff. 2-7-96.)
Section 99. Effective date. This Act takes effect upon
becoming law.
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