(225 ILCS 720/8.05)
(from Ch. 96 l/2, par. 7908.05)
(a) Any person having an interest which is or
may be adversely affected may commence a civil action on his own behalf
to compel compliance with this Act against any governmental instrumentality
or agency which is alleged to be in violation of the provisions of this
Act or of any rule, order or permit issued under this Act, or against any
other person who is alleged to be in violation of this Act or of any rule,
order or permit issued under this Act. No action may be commenced under
this subsection (1) prior to 60 days after the plaintiff has given notice
in writing of the alleged violation to the Department and to any alleged
violator, or (2) if the State has commenced and is diligently prosecuting
a civil action to require compliance with the provisions of this Act, or
any rule, order or permit issued under this Act.
(b) Any person having an interest which is or may be adversely affected
may commence a civil action against the Department on his own behalf to
compel compliance with this Act where there is alleged a failure of the
Department to perform any act or duty under this Act which is not discretionary
with the Department. No action may be commenced under this subsection prior
to 60 days after the plaintiff has given notice in writing of such action
to the Department, except that such action may be brought immediately after
such notification in the case where the violation or order complained of
constitutes an imminent threat to the health or safety of the plaintiff
or would immediately affect a legal interest of the plaintiff.
(c) The court, in issuing any final order in any action brought under
this Section, may award costs of litigation (including attorney and expert
witness fees) to any party, on the basis of the importance of the proceeding
and the participation of the parties to the efficient and effective enforcement
of this Act. The court may, if a temporary restraining order or preliminary
injunction is sought, require the filing of a bond or equivalent security
in accordance with Part 1 of Article XI of the Code of Civil Procedure.
(d) Any person who is injured in his person or property through the violation
by any operator of any rule, order, or permit issued pursuant to this Act
may bring an action for damages (including reasonable attorney and expert
witness fees). Nothing in this subsection shall affect any of the rights
established by or limits imposed under the Workers' Compensation Act.
(e) Any action brought under this Section may be brought only in the county
in which the mining operation complained of is located.
(f) In any action under this Section, the Department shall have an unconditional
right to intervene.
(g) No existing civil or criminal remedy for any wrongful action shall
be excluded or impaired by this Act.
(h) Nothing in this Section shall restrict any right which any person
(or class of persons) may have under any statute or common law to seek enforcement
of any of the provisions of this Act and the rules adopted under this Act,
or to seek any other relief (and including relief against the United States
or the Department).
(Source: P.A. 82-783.)