Sec. 2.13. Interim Program and insolvent surety sites.

280 words·~1 min read·/il/chapter-20/act-1920/2-13

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(a)The Department is authorized and empowered to enter and perform reclamation or drainage abatement on lands and waters within unreclaimed sites that were mined for coal or were affected by such mining, wastebanks, coal processing, or other coal mining processes and left in an inadequate reclamation status after August 3, 1977, if:

(1)the surface coal mining operation occurred during the period beginning on August 4,

1977, and ending on June 1, 1982, and any funds for reclamation or abatement which are available under a bond or other form of financial guarantee, or from any other source, are not sufficient to provide for adequate reclamation or abatement at the site; or

(2)the surface coal mining operation occurred during the period beginning on August 4,

1977, and ending on November 5, 1990, and the surety of the mining operator became insolvent during that period, and as of November 5, 1990, funds immediately available from proceedings relating to the insolvency, or from any financial guarantee or other source, are not sufficient to provide for adequate reclamation or abatement at the site.

(b)In determining which sites to reclaim under this Section, the Department shall follow the priorities stated in parts

(1)and

(2)of subsection

(a)of Section 2.03. The Department shall ensure that the reclamation priority of sites reclaimed under this paragraph is the same or more urgent than the reclamation priority for eligible lands and waters that were abandoned or left in an inadequate reclamation status before August 3, 1977.

(c)The Department may establish by rule whatever additional criteria are necessary to satisfy funding requirements under the federal Act.