Bill Text: IL HB5145 | 2011-2012 | 97th General Assembly | Chaptered
Bill Title: Amends the Abandoned Mined Lands and Water Reclamation Act. Prohibits annual expenditures for non-coal reclamation from exceeding 2% of the Department of Natural Resources' annual budget for mine reclamation. Effective immediately.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2012-08-17 - Public Act . . . . . . . . . 97-0991 [HB5145 Detail]
Download: Illinois-2011-HB5145-Chaptered.html
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| Public Act 097-0991 | ||||
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AN ACT concerning State government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Abandoned Mined Lands and Water Reclamation | ||||
Act is amended by changing Section 2.11 as follows:
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(20 ILCS 1920/2.11) (from Ch. 96 1/2, par. 8002.11)
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Sec. 2.11. Non-coal reclamation.
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(a) 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
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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.
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(b) The Department may make expenditures and carry out the
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purposes of this Section for lands mined for substances other | ||||
than coal;
provided, however, that annual expenditures for | ||||
non-coal reclamation do not
exceed 2% of the Department's | ||||
annual budget for mine land
reclamation through August 31, | ||||
1999; and provided further,
that all obligations for such | ||||
expenditures shall be made by August 31, 2001.
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.
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(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
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the purposes of this Section.
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(d) The Department shall acquire, by purchase, exchange,
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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.
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(e) Consistent with this Section, the Department may enter
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and reclaim abandoned non-coal mined lands in the same manner | ||
as prescribed in
Section 2.04 of this Act.
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(Source: P.A. 91-727, eff. 6-2-00.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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