Illinois General Assembly - Full Text of SB3309
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Full Text of SB3309  100th General Assembly




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1    AN ACT concerning State government.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Abandoned Mined Lands and Water Reclamation
5Act is amended by changing Sections 2.02, 2.03, 2.04, 2.05,
62.09, 2.11, and 3.04 as follows:
7    (20 ILCS 1920/2.02)  (from Ch. 96 1/2, par. 8002.02)
8    Sec. 2.02. Manner of Reclamation.
9    (a) The Department shall determine the manner of
10reclamation of designated abandoned lands, and shall make
11recommendations as to the use of those lands after reclamation.
12    (b) The Department may by rule provide for the filling of
13voids and sealing of tunnels, shafts and entryways, and
14reclamation of the surface impacts of underground or surface
16(Source: P.A. 89-445, eff. 2-7-96.)
17    (20 ILCS 1920/2.03)  (from Ch. 96 1/2, par. 8002.03)
18    Sec. 2.03. Priorities.
19    (a) Expenditures of moneys on abandoned lands for the
20purposes of this Article shall reflect the following priorities
21in the order stated:
22        (1) the protection of public health, safety, general



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1    welfare, and property from extreme danger of adverse
2    effects of coal mining practices or the restoration of land
3    and water resources and the environment that have been
4    degraded by the adverse effects of coal mining practices
5    and are adjacent to a site that has been or will be
6    remediated under this subparagraph (1);
7        (2) the protection of public health, and safety, and
8    general welfare from adverse effects of coal mining
9    practices or the restoration of land and water resources
10    and the environment that have been degraded by the adverse
11    effects of coal mining practices and are adjacent to a site
12    that has been or will be remediated under this subparagraph
13    (2);
14        (3) the restoration of land and water resources and the
15    environment previously degraded by adverse effects of coal
16    mining practices including measures for the conservation
17    and development of soil, water (excluding channelization),
18    woodland, fish and wildlife, recreation resources, and
19    agricultural productivity;
20        (4) (blank); research and demonstration projects
21    relating to the development of surface mining reclamation
22    and water quality control program methods and techniques;
23        (5) (blank); the protection, repair, replacement,
24    construction, or enhancement of public facilities
25    adversely affected by coal mining practices;
26        (6) (blank). the development of publicly owned land



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1    adversely affected by coal mining practices including land
2    acquired as provided in this Act for recreation and
3    historic purposes, conservation, and reclamation purposes
4    and open space benefits.
5    (b) The Department may by rule establish additional
6criteria, including but not limited to:
7        (1) the financial ability of the landowners to abate
8    pollution;
9        (2) the potential economic value of the land under
10    private ownership subsequent to reclamation;
11        (3) the potential value of the land in the public
12    domain for conservation, open space and recreation
13    purposes subsequent to reclamation;
14        (4) the proximity of abandoned lands to
15    municipalities, residential areas, and public facilities
16    such as water supplies, parks and recreational areas.
17    Such additional criteria shall be applied in a manner
18consistent with the priorities in subsection (a) of this
20(Source: P.A. 89-445, eff. 2-7-96.)
21    (20 ILCS 1920/2.04)  (from Ch. 96 1/2, par. 8002.04)
22    Sec. 2.04. Reclamation.
23    (a) The Department or such agency or department of State
24government as the Department may designate pursuant to
25subsection (d) of Section 3.05 may enter and reclaim abandoned



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1lands under this Section if the Department finds that:
2        (1) land or water resources have been adversely
3    affected by past coal mining practices; and
4        (2) the adverse effects are at a stage where, in the
5    public interest, action to restore, reclaim, abate,
6    control, or prevent should be taken; and
7        (3) the owners of the land or water resources where
8    entry must be made to restore, reclaim, abate, control, or
9    prevent the adverse effects of past coal mining practices
10    are not known, or readily available; or the owners will not
11    give permission for the United States, the States,
12    political subdivisions, their agents, employees, or
13    contractors to enter upon such property to restore,
14    reclaim, abate, control, or prevent the adverse effects of
15    past coal mining practices.
16    (b) After (1) the findings required by subsection (a) of
17this Section have been made, and (2) giving notice by mail
18return receipt requested to the owners if known or if not known
19by posting notice upon the premises and advertising once in a
20newspaper of general circulation in the municipality in which
21the land lies, the Department or such agency or department of
22State government as the Department may designate pursuant to
23subsection (d) of Section 3.05 shall have the right to enter on
24the property adversely affected by past mining practices and
25any other property to have access to such property to do all
26things necessary or expedient to restore, reclaim, abate,



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1control, or prevent the adverse effects.
2    (c) The moneys expended for such work and the benefits
3accruing to any such premises so entered upon shall be
4chargeable against such land and shall mitigate or offset any
5claim in or any action brought by any owner of any interest in
6such premises for any alleged damage by virtue of such entry.
7This provision is not intended to create new rights of action
8or eliminate existing immunities.
9    (d) Entry under this Section shall be construed as an
10exercise of the police power for the protection of public
11health and , safety, and general welfare and shall not be
12construed as an act of condemnation of property nor trespass
14(Source: P.A. 91-357, eff. 7-29-99.)
15    (20 ILCS 1920/2.05)  (from Ch. 96 1/2, par. 8002.05)
16    Sec. 2.05. Studies and Exploration.
17    (a) The Department or such agency or department of State
18government as the Department may designate pursuant to
19subsection (d) of Section 3.05 shall have the right to enter
20upon any property for the purpose of conducting studies or
21exploratory work to determine the existence of adverse effects
22of past coal mining practices and to determine the feasibility
23of restoration, reclamation, abatement, control, or prevention
24of such adverse effects.
25    (b) Entry under this Section shall be construed as an



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1exercise of the police power for the protection of public
2health and , safety, and general welfare and shall not be
3construed as an Act of condemnation of property nor trespass
5(Source: P.A. 89-445, eff. 2-7-96.)
6    (20 ILCS 1920/2.09)  (from Ch. 96 1/2, par. 8002.09)
7    Sec. 2.09. Liens.
8    (a) Within 6 months after the completion of projects to
9restore, reclaim, abate, control, or prevent adverse effects of
10past coal mining practices on privately owned land under this
11Article, the Department shall itemize the moneys so expended
12and may file a statement thereof in the office of the county in
13which the land lies which has the responsibility under local
14law for the recording of judgments against land, together with
15a notarized appraisal by an independent appraiser of the value
16of the land before the restoration, reclamation, abatement,
17control, or prevention of adverse effects of past mining
18practices if the moneys so expended shall result in a
19significant increase in property value. Such statement shall
20constitute a lien upon the land. The lien shall not exceed the
21amount determined by appraisal to be the increase in the market
22value of the land as a result of the restoration, reclamation,
23abatement, control, or prevention of the adverse effects of
24past coal mining practices.
25    (b) No lien shall be filed under this Section against the



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1property of any person, who owned the surface prior to May 2,
21977, and who neither consented to nor participated in nor
3exercised control over the mining operation which necessitated
4the reclamation performed hereunder.
5    (c) The landowner may proceed as provided by law to
6petition within 60 days of the filing of the lien, to determine
7the increase in the market value of the land as a result of the
8restoration, reclamation, abatement, control, or prevention of
9the adverse effects of past coal mining practices. The amount
10reported to be the increase in value of the premises shall
11constitute the amount of the lien and shall be recorded with
12the statement provided in this Section. Any party aggrieved by
13the decision may seek appropriate judicial relief at the
14Circuit Court.
15    (d) The lien provided in this Section shall be entered in
16the county office in which the land lies and which has
17responsibility under local law for the recording of judgments
18against land. Such statement shall constitute a lien upon the
19said land as of the date of the expenditure of the moneys and
20shall have priority as a lien second only to the lien of real
21estate taxes imposed upon said land or such lesser priority as
22may be permitted or required by the Federal Act or regulations
23thereunder. The statement shall state the priority claimed for
24such lien.
25    To the extent that it is consistent with the Federal
26Surface Mining Control and Reclamation Act of 1977, Public Law



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1P.L. 95-87, as amended, the Department shall provide by rule
2for the accumulation of interest on the amount secured by the
4(Source: P.A. 89-445, eff. 2-7-96.)
5    (20 ILCS 1920/2.11)  (from Ch. 96 1/2, par. 8002.11)
6    Sec. 2.11. Non-coal reclamation.
7    (a) (Blank). It is hereby declared that open and abandoned
8tunnels, shafts, and entryways and abandoned and deteriorating
9equipment, structures, and facilities resulting from any
10previous non-coal mining operations constitute a hazard to the
11public health and safety. The Department is authorized and
12empowered to fill or seal such abandoned tunnels, shafts, and
13entryways and remove equipment, structures, and facilities
14which it determines could endanger life and property and
15constitute a hazard to the public health and safety.
16    (b) The Department may make expenditures and carry out the
17purposes of this Section for lands mined for substances other
18than coal; provided, however, that those non-coal reclamation
19projects be accorded a high priority under subsection (a) of
20paragraph (1) of Section 2.03 and that annual expenditures for
21non-coal reclamation do not exceed 2% of the Department's
22annual budget for mine land reclamation. Except for those
23non-coal reclamation projects relating to the protection of the
24public health or safety which shall be accorded a high
25priority, non-coal reclamation expenditures shall be made only



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1after all reclamation with respect to abandoned coal lands or
2coal development impacts has been accomplished.
3    (c) In those instances where coal mine waste piles are
4being reworked for conservation purposes, the Department may
5make additional incremental expenditures to dispose of the
6wastes from such operations by filling voids and sealing
7tunnels if the disposal of these wastes is in accordance with
8the purposes of this Section.
9    (d) The Department shall acquire, by purchase, exchange,
10gifts, condemnation or otherwise, the fee simple title or any
11lesser interest in and to such land rights or other property as
12the Department considers necessary to carry out the provisions
13of this Section. Transfers and dispositions of such land shall
14be made in the same manner as prescribed by Section 2.07 of
15this Act.
16    (e) Consistent with this Section, the Department may enter
17and reclaim abandoned non-coal mined lands in the same manner
18as prescribed in Section 2.04 of this Act.
19(Source: P.A. 97-991, eff. 8-17-12.)
20    (20 ILCS 1920/3.04)  (from Ch. 96 1/2, par. 8003.04)
21    Sec. 3.04. Water Pollution Control.
22    (a) The Department may set aside up to 30% of each year's
23allocation of available abandoned mine reclamation funds
24distributed annually from the State share and historic coal
25share funds into a separate fund for the abatement of the



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1causes and treatment of the effects of acid mine drainage in a
2comprehensive manner within qualified hydrologic units
3affected by coal mining practices. These funds shall be
4deposited into a special State account and will be used and
5accounted for in accordance with all applicable State and
6federal regulations used solely to achieve the priorities
7stated in Title IV of the federal Surface Mining Control and
8Reclamation Act of 1977. In this Section, "qualified hydrologic
9unit" means a hydrologic unit in which the water quality has
10been significantly affected by acid mine drainage from coal
11mining practices in a manner that adversely impacts biological
12resources and that contains land and water that are eligible
13for protection under Section 1.03 of this Act and includes any
14of the priorities described in Section 2.03 of this Act.
15    (b) The Department or such agency or department of State
16government as the Department may designate pursuant to
17subsection (d) of Section 3.05 may construct and operate a
18plant or plants for the control and treatment of water
19pollution resulting from mine drainage. The extent of this
20control and treatment may be dependent upon the ultimate use of
21the water. No control or treatment under this Section shall in
22any way be less than that required under the Environmental
23Protection Act. The construction of a plant or plants may
24include major interceptors and other facilities appurtenant to
25the plan.
26(Source: P.A. 89-445, eff. 2-7-96.)