State of Illinois
91st General Assembly
Legislation

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91_HB3558enr

 
HB3558 Enrolled                               LRB9111592JMmbA

 1        AN ACT to amend  the  Abandoned  Mined  Lands  and  Water
 2    Reclamation Act by changing Section 2.11.

 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:

 5        Section  5.   The  Abandoned  Mined   Lands   and   Water
 6    Reclamation  Act  is  amended  by  changing  Section  2.11 as
 7    follows:

 8        (20 ILCS 1920/2.11) (from Ch. 96 1/2, par. 8002.11)
 9        Sec. 2.11.  Non-coal reclamation.
10        (a)  It  is  hereby  declared  that  open  and  abandoned
11    tunnels,   shafts,   and   entryways   and   abandoned    and
12    deteriorating equipment, structures, and facilities resulting
13    from  any  previous  non-coal  mining operations constitute a
14    hazard to the public health and safety.   The  Department  is
15    authorized  and  empowered  to  fill  or  seal such abandoned
16    tunnels,  shafts,  and  entryways   and   remove   equipment,
17    structures, and facilities which it determines could endanger
18    life  and  property  and  constitute  a  hazard to the public
19    health and safety.
20        (b)  The Department may make expenditures and  carry  out
21    the  purposes  of this Section for lands mined for substances
22    other than coal; provided, however, that annual  expenditures
23    for non-coal reclamation do not exceed 2% of the Department's
24    annual  budget  for  mine land reclamation through August 31,
25    1999; and provided further, that  all  obligations  for  such
26    expenditures  shall  be  made by August 31, 2001 1999. Except
27    for those  non-coal  reclamation  projects  relating  to  the
28    protection  of  the  public  health  or safety which shall be
29    accorded a high priority, non-coal  reclamation  expenditures
30    shall  be  made  only  after  all reclamation with respect to
31    abandoned coal lands or coal  development  impacts  has  been
 
HB3558 Enrolled             -2-               LRB9111592JMmbA
 1    accomplished.
 2        (c)  In  those  instances where coal mine waste piles are
 3    being reworked for conservation purposes, the Department  may
 4    make  additional  incremental  expenditures to dispose of the
 5    wastes from such operations  by  filling  voids  and  sealing
 6    tunnels if the disposal of these wastes is in accordance with
 7    the purposes of this Section.
 8        (d)  The Department shall acquire, by purchase, exchange,
 9    gifts, condemnation or otherwise, the fee simple title or any
10    lesser  interest in and to such land rights or other property
11    as the  Department  considers  necessary  to  carry  out  the
12    provisions  of  this  Section.  Transfers and dispositions of
13    such land shall be made in the same manner as  prescribed  by
14    Section 2.07 of this Act.
15        (e)  Consistent  with  this  Section,  the Department may
16    enter and reclaim abandoned non-coal mined lands in the  same
17    manner as prescribed in Section 2.04 of this Act.
18    (Source: P.A. 88-185; 89-445, eff. 2-7-96.)

19        Section  99.  Effective date.  This Act takes effect upon
20    becoming law.

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