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Article III - Administration

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(20 ILCS 1920/Art. III heading)

(20 ILCS 1920/3.01) (from Ch. 96 1/2, par. 8003.01) Sec. 3.01. Rules. The Department may adopt rules for the administration and enforcement of this Act. Such rules shall be adopted in accordance with the Illinois Administrative Procedure Act. (Source: P.A. 89-445, eff. 2-7-96.)

(20 ILCS 1920/3.02) (from Ch. 96 1/2, par. 8003.02) Sec. 3.02. State reclamation program. The Department may prepare and submit under the Federal Act (1) a State reclamation plan and appropriate amendments, (2) annual project lists and program plans, (3) grant proposals for federal funding, (4) inventories of previous projects, (5) annual and other reports as may be appropriate, and (6) such other applications, certifications or documents as may be required under the Federal Act in connection with reclamation or acquisition of abandoned lands. (Source: P.A. 91-357, eff. 7-29-99.)

(20 ILCS 1920/3.03) (from Ch. 96 1/2, par. 8003.03) Sec. 3.03. Enforcement. In addition to any other remedies provided for in this Article, the Department or such agency or department of State government as the Department may designate pursuant to subsection (d) of Section 3.05 may request the Attorney General to bring an action in any court of competent jurisdiction for an injunction to restrain any interference with the exercise of the right to enter or to conduct any work provided in this Article. (Source: P.A. 89-445, eff. 2-7-96.)

(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. 100-1099, eff. 1-1-19.)

(20 ILCS 1920/3.05) (from Ch. 96 1/2, par. 8003.05) Sec. 3.05. Administration. (a) The Department shall determine and direct the expenditure of funds under this Article. (b) The Department shall employ and fix the compensation of a person to direct and manage its responsibilities under this Act. (c) The Department may contract or enter into cooperative agreement with any person or federal government entity in relation to the reclamation of abandoned land, including but not limited to the furnishing of services, plans, layouts, materials, or any matters of service incidental to the acquisition or disposition of such abandoned land or its reclamation. (d) The Department may delegate responsibilities to other agencies or departments of State government with the authority and technical expertise to carry out the administrative responsibilities of the Department as provided in this Act, with the consent of such agencies or departments. The Department may contract with any State officer or agency or department of State government to administer responsibilities under this Act as may be deemed necessary and appropriate to provide for effective administration hereof, without unreasonable or unnecessary cost or duplication of effort, and taking into account the need to deliver fair and effective governmental service to the interested public. (Source: P.A. 89-445, eff. 2-7-96.)

(20 ILCS 1920/3.06) (from Ch. 96 1/2, par. 8003.06) Sec. 3.06. Expenditure of appropriated funds. The Department shall determine and direct the expenditure of funds appropriated by the General Assembly for the purposes of this Act. (Source: P.A. 89-445, eff. 2-7-96.)

(20 ILCS 1920/3.07) (from Ch. 96 1/2, par. 8003.07) Sec. 3.07. Repealer. The "Abandoned Mined Lands Reclamation Act", approved February 7, 1975, is repealed. (Source: P.A. 81-1015.)

(20 ILCS 1920/3.08) (from Ch. 96 1/2, par. 8003.08) Sec. 3.08. This Act shall take effect on June 1, 1980. (Source: P.A. 81-1015.)

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Article III - Administration