225 ILCS 720/8.05
2021 Illinois Compiled Statutes|Chapter 225 - PROFESSIONS, OCCUPATIONS, AND BUSINESS OPERATIONS|225 ILCS 720/ - Surface Coal Mining Land Conservation and Reclamation Act.|Article VIII - Enforcement

 (from Ch. 96 1/2, par. 7908.05)Sec. 8.05.     Civil Actions.(a) Any person having an interest which is or  may be adversely affected may commence a civil action on his  own behalf  to compel compliance with this Act against any governmental instrumentality  or agency which is alleged to be in violation of the provisions of this  Act or of any rule, order or permit issued under this Act, or against any  other person who is alleged to be in violation of this Act or of any rule,  order or permit issued under this Act. No action may be commenced under  this subsection (1) prior to 60 days after the plaintiff has given notice  in writing of the alleged violation to the Department and to any alleged  violator, or (2) if the State has commenced and is diligently prosecuting  a civil action to require compliance with the provisions of this Act, or  any rule, order or permit issued under this Act.(b) Any person having an interest which is or may be adversely affected  may commence a civil action against the Department on his  own behalf to  compel compliance with this Act where there is alleged a failure of the  Department to perform any act or duty under this Act which is not discretionary  with the Department. No action may be commenced under this subsection prior  to 60 days after the plaintiff has given notice in writing of such action  to the Department, except that such action may be brought immediately after  such notification in the case where the violation or order complained of  constitutes an imminent threat to the health or safety of the plaintiff  or would immediately affect a legal interest of the plaintiff.(c) The court, in issuing any final order in any action brought under  this Section, may award costs of litigation (including attorney and expert  witness fees) to any party, on the basis of the importance of the proceeding  and the participation of the parties to the efficient and effective enforcement  of this Act. The court may, if a temporary restraining order or preliminary  injunction is sought, require the filing of a bond or equivalent security  in accordance with Part 1 of Article XI of the Code of Civil Procedure.(d) Any person who is injured in his  person or property through the violation  by any operator of any rule, order, or permit issued pursuant to this Act  may bring an action for damages (including reasonable attorney and expert  witness fees).  Nothing in this subsection shall affect any of the rights  established by or limits imposed under the Workers' Compensation Act.(e) Any action brought under this Section may be brought only in the county  in which the mining operation complained of is located.(f) In any action under this Section, the Department shall have an unconditional  right to intervene.(g) No existing civil or criminal remedy for any wrongful action shall  be excluded or impaired by this Act.(h) Nothing in this Section shall restrict any right which any person  (or class of persons) may have under any statute or common law to seek enforcement  of any of the provisions of this Act and the rules adopted under this Act,  or to seek any other relief (and including relief against the United States  or the Department).    (Source: P.A. 82-783.)