Public Act 100-1099
 
SB3309 EnrolledLRB100 18759 SLF 33994 b


  
    AN ACT concerning State government.
  
 
    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 Sections 2.02, 2.03, 2.04, 2.05, 
2.09, 2.11, and 3.04 as follows:
 



    (20 ILCS 1920/2.02)  (from Ch. 96 1/2, par. 8002.02)



    Sec. 2.02. Manner of Reclamation. 

    (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.

    (b) The Department may by rule provide for the filling of

voids and sealing of tunnels, shafts and entryways, and 
reclamation of the
surface impacts of underground or surface 
mines.

(Source: P.A. 89-445, eff. 2-7-96.)

 



    (20 ILCS 1920/2.03)  (from Ch. 96 1/2, par. 8002.03)



    Sec. 2.03. Priorities. 

    (a) Expenditures of moneys on abandoned lands for the 
purposes of this
Article shall reflect the following priorities 
in the order stated:


        (1) the protection of public health, safety, general 
    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);


        (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);


        (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),

    woodland, fish and wildlife, recreation resources, and 
    agricultural
productivity;


        (4) (blank); research and demonstration projects 
    relating to the development of
surface mining reclamation 
    and water quality control program methods and
techniques;


        (5) (blank); the protection, repair, replacement, 
    construction, or enhancement
of public facilities 
    adversely affected by coal mining practices;


        (6) (blank). the development of publicly owned land 
    adversely affected by coal
mining practices including land 
    acquired as provided in this Act
for recreation and 
    historic purposes, conservation, and reclamation purposes

    and open space benefits.

    (b) The Department may by rule establish additional

criteria, including but not limited to:


        (1) the financial ability of the landowners to abate 
    pollution;


        (2) the potential economic value of the land under 
    private ownership
subsequent to reclamation;


        (3) the potential value of the land in the public 
    domain for conservation,
open space and recreation 
    purposes subsequent to reclamation;


        (4) the proximity of abandoned lands to 
    municipalities, residential areas,
and public facilities 
    such as water supplies, parks and recreational areas.

    Such additional criteria shall be applied in a manner 
consistent with the
priorities in subsection (a) of this 
Section.

(Source: P.A. 89-445, eff. 2-7-96.)

 



    (20 ILCS 1920/2.04)  (from Ch. 96 1/2, par. 8002.04)



    Sec. 2.04. Reclamation. 

    (a) The Department or such agency or department of
State 
government as the Department may designate pursuant to

subsection (d) of Section 3.05 may enter and reclaim abandoned 
lands under this
Section if the Department finds that:


        (1) land or water resources have been adversely 
    affected by past coal
mining practices; and


        (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


        (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,

    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.

    (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

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, 
control, or prevent the adverse effects.

    (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.

    (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

thereon.

(Source: P.A. 91-357, eff. 7-29-99.)

 



    (20 ILCS 1920/2.05)  (from Ch. 96 1/2, par. 8002.05)



    Sec. 2.05. Studies and Exploration. 

    (a) 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 
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

of restoration, reclamation, abatement, control, or prevention 
of such adverse
effects.

    (b) 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

thereon.

(Source: P.A. 89-445, eff. 2-7-96.)

 



    (20 ILCS 1920/2.09)  (from Ch. 96 1/2, par. 8002.09)



    Sec. 2.09. Liens. 

    (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

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.

    (b) No lien shall be filed under this Section against the 
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.

    (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

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.

    (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.

    To the extent that it is consistent with the Federal 
Surface Mining Control
and Reclamation Act of 1977, Public Law 
P.L. 95-87, as amended, the Department shall
provide by rule 
for the accumulation of interest on the
amount secured by the 
lien.

(Source: P.A. 89-445, eff. 2-7-96.)

 



    (20 ILCS 1920/2.11)  (from Ch. 96 1/2, par. 8002.11)



    Sec. 2.11. Non-coal reclamation. 

    (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

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 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 
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. 97-991, eff. 8-17-12.)

 



    (20 ILCS 1920/3.04)  (from Ch. 96 1/2, par. 8003.04)



    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 
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

Protection Act.  The construction of a plant or plants may 
include major
interceptors  and other facilities appurtenant to 
the plan.

(Source: P.A. 89-445, eff. 2-7-96.)