Sec. 2.03. Priorities.

285 words·~1 min read·/il/chapter-20/act-1920/2-03

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Expenditures of moneys on abandoned lands for the purposes of this Article shall reflect the following priorities in the order stated:

(1)the protection of public health, safety, and property from extreme danger of adverse

effects of coal mining practices or the restoration of land and water resources and the environment that have been degraded by the adverse effects of coal mining practices and are adjacent to a site that has been or will be remediated under this subparagraph (1);

(2)the protection of public health and safety from adverse effects of coal mining

practices or the restoration of land and water resources and the environment that have been degraded by the adverse effects of coal mining practices and are adjacent to a site that has been or will be remediated under this subparagraph (2);

(3)the restoration of land and water resources and the environment previously degraded

by adverse effects of coal mining practices including measures for the conservation and development of soil, water (excluding channelization), woodland, fish and wildlife, recreation resources, and agricultural productivity;

(4)(blank);

(5)(blank);

(6)(blank).

(b)The Department may by rule establish additional criteria, including but not limited to:

(1)the financial ability of the landowners to abate pollution;

(2)the potential economic value of the land under private ownership subsequent to

reclamation;

(3)the potential value of the land in the public domain for conservation, open space

and recreation purposes subsequent to reclamation;

(4)the proximity of abandoned lands to municipalities, residential areas, and public

facilities such as water supplies, parks and recreational areas.

Such additional criteria shall be applied in a manner consistent with the priorities in subsection

(a)of this Section.