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Public Act 100-1099


 

Public Act 1099 100TH GENERAL ASSEMBLY

  
  
  

 


 
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.)

Effective Date: 1/1/2019