98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB3326

 

Introduced 2/14/2014, by Sen. Ira I. Silverstein

 

SYNOPSIS AS INTRODUCED:
 
225 ILCS 732/1-35
225 ILCS 732/1-40
225 ILCS 732/1-45
225 ILCS 732/1-50

    Amends the Hydraulic Fracturing Regulatory Act. Adds reference to horizontal drilling with fracturing operations. Adds provisions concerning a county board or governing body's approval or denial for a request to consent for a local siting of a well site and operations. Makes other changes to provisions concerning permit applications, public notice, and public comment periods.


LRB098 19588 MGM 54780 b

FISCAL NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

 

 

A BILL FOR

 

SB3326LRB098 19588 MGM 54780 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Hydraulic Fracturing Regulatory Act is
5amended by changing Sections 1-35, 1-40, 1-45, and 1-50 as
6follows:
 
7    (225 ILCS 732/1-35)
8    Sec. 1-35. High volume horizontal hydraulic fracturing and
9horizontal drilling with fracturing operations permit
10application.
11    (a) Every applicant for a permit under this Act shall first
12register with the Department at least 30 days before applying
13for a permit. The Department shall make available a
14registration form within 90 days after the effective date of
15this Act. The registration form shall require the following
16information:
17        (1) the name and address of the registrant and any
18    parent, subsidiary, or affiliate thereof;
19        (2) disclosure of all findings of a serious violation
20    or an equivalent violation under federal or state laws or
21    regulations in the development or operation of an oil or
22    gas exploration or production site via hydraulic
23    fracturing or horizontal drilling with fracturing by the

 

 

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1    applicant or any parent, subsidiary, or affiliate thereof
2    within the previous 5 years; and
3        (3) proof of insurance to cover injuries, damages, or
4    loss related to pollution or diminution in the amount of at
5    least $5,000,000, from an insurance carrier authorized,
6    licensed, or permitted to do this insurance business in
7    this State that holds at least an A- rating by A.M. Best &
8    Co. or any comparable rating service.
9    A registrant must notify the Department of any change in
10the information identified in paragraphs (1), (2), or (3) of
11this subsection (a) at least annually or upon request of the
12Department.
13    (b) Every applicant for a permit under this Act must submit
14the following information to the Department on an application
15form provided by the Department:
16        (1) the name and address of the applicant and any
17    parent, subsidiary, or affiliate thereof;
18        (2) the proposed well name and address and legal
19    description of the well site and its unit area;
20        (3) a statement whether the proposed location of the
21    well site is in compliance with the requirements of Section
22    1-25 of this Act and a plat, which shows the proposed
23    surface location of the well site, providing the distance
24    in feet, from the surface location of the well site to the
25    features described in subsection (a) of Section 1-25 of
26    this Act;

 

 

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1        (4) a detailed description of the proposed well to be
2    used for the high volume horizontal hydraulic fracturing
3    operations or horizontal drilling with fracturing
4    operations including, but not limited to, the following
5    information:
6            (A) the approximate total depth to which the well
7        is to be drilled or deepened;
8            (B) the proposed angle and direction of the well;
9            (C) the actual depth or the approximate depth at
10        which the well to be drilled deviates from vertical;
11            (D) the angle and direction of any nonvertical
12        portion of the wellbore until the well reaches its
13        total target depth or its actual final depth; and
14            (E) the estimated length and direction of the
15        proposed horizontal lateral or wellbore;
16        (5) the estimated depth and elevation, according to the
17    most recent publication of the Illinois State Geological
18    Survey of Groundwater for the location of the well, of the
19    lowest potential fresh water along the entire length of the
20    proposed wellbore;
21        (6) a detailed description of the proposed high volume
22    horizontal hydraulic fracturing operations or horizontal
23    drilling with fracturing operations, including, but not
24    limited to, the following:
25            (A) the formation affected by the high volume
26        horizontal hydraulic fracturing operations or

 

 

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1        horizontal drilling with fracturing operations,
2        including, but not limited to, geologic name and
3        geologic description of the formation that will be
4        stimulated by the operation;
5            (B) the anticipated surface treating pressure
6        range;
7            (C) the maximum anticipated injection treating
8        pressure;
9            (D) the estimated or calculated fracture pressure
10        of the producing and confining zones; and
11            (E) the planned depth of all proposed perforations
12        or depth to the top of the open hole section;
13        (7) a plat showing all known previous wellbores well
14    bores within 1,500 750 feet of any part of the horizontal
15    wellbore well bore that penetrated within 400 vertical feet
16    of the formation that will be stimulated as part of the
17    high volume horizontal hydraulic fracturing operations or
18    horizontal drilling with fracturing operations;
19        (8) unless the applicant documents why the information
20    is not available at the time the application is submitted,
21    a chemical disclosure report identifying each chemical and
22    proppant anticipated to be used in hydraulic fracturing or
23    fracturing fluid for each stage of the hydraulic fracturing
24    operations or horizontal drilling with fracturing
25    operations including the following:
26            (A) the total volume of water anticipated to be

 

 

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1        used in the hydraulic fracturing or fracturing
2        treatment of the well or the type and total volume of
3        the base fluid anticipated to be used in the hydraulic
4        fracturing or fracturing treatment, if something other
5        than water;
6            (B) each hydraulic fracturing or fracturing
7        additive anticipated to be used in the hydraulic
8        fracturing or fracturing fluid, including the trade
9        name, vendor, a brief descriptor of the intended use or
10        function of each hydraulic fracturing or fracturing
11        additive, and the Material Safety Data Sheet (MSDS), if
12        applicable;
13            (C) each chemical anticipated to be intentionally
14        added to the base fluid, including for each chemical,
15        the Chemical Abstracts Service number, if applicable;
16        and
17            (D) the anticipated concentration in the base
18        fluid, in percent by mass, of each chemical to be
19        intentionally added to the base fluid;
20        (9) a certification of compliance with the Water Use
21    Act of 1983 and applicable regional water supply plans;
22        (10) a fresh water withdrawal and management plan that
23    shall include the following information:
24            (A) the source of the water, such as surface or
25        groundwater, anticipated to be used for water
26        withdrawals, and the anticipated withdrawal location;

 

 

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1            (B) the anticipated volume and rate of each water
2        withdrawal from each withdrawal location;
3            (C) the anticipated months when water withdrawals
4        shall be made from each withdrawal location;
5            (D) the methods to be used to minimize water
6        withdrawals as much as feasible; and
7            (E) the methods to be used for surface water
8        withdrawals to minimize adverse impact to aquatic
9        life.
10        Where a surface water source is wholly contained within
11    a single property, and the owner of the property expressly
12    agrees in writing to its use for water withdrawals, the
13    applicant is not required to include this surface water
14    source in the fresh water withdrawal and management plan; .
15        (11) a plan for the handling, storage, transportation,
16    and disposal or reuse of hydraulic fracturing or fracturing
17    fluids and hydraulic fracturing or fracturing flowback.
18    The plan shall identify the specific Class II injection
19    well or wells that will be used to dispose of the hydraulic
20    fracturing or fracturing flowback. The plan shall describe
21    the capacity of the tanks to be used for the capture and
22    storage of flowback and of the lined reserve pit to be
23    used, if necessary, to temporarily store any flowback in
24    excess of the capacity of the tanks. Identification of the
25    Class II injection well or wells shall be by name,
26    identification number, and specific location and shall

 

 

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1    include the date of the most recent mechanical integrity
2    test for each Class II injection well;
3        (12) a well site safety plan to address proper safety
4    measures to be employed during high volume horizontal
5    hydraulic fracturing operations or horizontal drilling
6    with fracturing operations for the protection of persons on
7    the site as well as the general public. Within 15 calendar
8    days after submitting the permit application to the
9    Department, the applicant must provide a copy of the plan
10    to the county or counties in which hydraulic fracturing
11    operations or horizontal drilling with fracturing
12    operations will occur. Within 5 calendar days of its
13    receipt, the Department shall provide a copy of the well
14    site safety plan to the Office of the State Fire Marshal;
15        (13) a containment plan describing the containment
16    practices and equipment to be used and the area of the well
17    site where containment systems will be employed, and within
18    5 calendar days of its receipt, the Department shall
19    provide a copy of the containment plan to the Office of the
20    State Fire Marshal;
21        (14) a casing and cementing plan that describes the
22    casing and cementing practices to be employed, including
23    the size of each string of pipe, the starting point, and
24    depth to which each string is to be set and the extent to
25    which each string is to be cemented;
26        (15) a traffic management plan that identifies the

 

 

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1    anticipated roads, streets, and highways that will be used
2    for access to and egress from the well site. The traffic
3    management plan will include a point of contact to discuss
4    issues related to traffic management. Within 15 calendar
5    days after submitting the permit application to the
6    Department, the applicant must provide a copy of the
7    traffic management plan to the county or counties in which
8    the well site is located, and within 5 calendar days of its
9    receipt, the Department shall provide a copy of the traffic
10    management plan to the Office of the State Fire Marshal;
11        (16) the names and addresses of all owners of any real
12    property within 1,500 feet of the proposed well site, as
13    disclosed by the records in the office of the recorder of
14    the county or counties;
15        (17) drafts of the specific public notice and general
16    public notice as required by Section 1-40 of this Act;
17        (18) a statement that the well site at which the high
18    volume horizontal hydraulic fracturing operation or
19    horizontal drilling with fracturing operations will be
20    conducted will be restored in compliance with Section
21    240.1181 of Title 62 of the Illinois Administrative Code
22    and Section 1-95 of this Act;
23        (19) proof of insurance to cover injuries, damages, or
24    loss related to pollution in the amount of at least
25    $5,000,000; and
26        (20) any other relevant information which the

 

 

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1    Department may, by rule, require.
2    (c) Where a permit an application is made to conduct high
3volume horizontal fracturing operations or horizontal drilling
4with fracturing operations at a well site located within the
5limits of any city, county, village, or incorporated town, the
6application shall state the name of the city, county, village,
7or incorporated town and be accompanied with a certified copy
8of the official consent for the location of the well site and
9proposed fracturing operations within the jurisdiction of the
10county board or governing body requested to sign the consent
11hydraulic fracturing operations to occur from the municipal
12authorities where the well site is proposed to be located. No
13permit shall be issued unless consent is secured and filed with
14the permit application. In the event that an amended location
15is selected, the original permit shall not be valid unless a
16new certified consent is filed for the amended location. In
17considering the request for consent, the county board or
18governing body shall comply with the following:
19        (1) The county board or governing body shall approve or
20    deny the request for consent for local siting of a well
21    site and operations. The consent shall be requested from
22    the county board with the primary jurisdiction over the
23    land identified as the well site if the well site is not
24    proposed to be located within the limits of a city,
25    village, or incorporated town, or shall be requested from
26    the governing body of the city, village, or incorporated

 

 

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1    town when the well site is proposed to be located within
2    the limits of a city, village, or incorporated town.
3        (2) The request for consent shall be sent by the
4    Department for a well site and fracturing operations to the
5    applicable county board or governing body by certified
6    mail. The receiving county board or governing body shall,
7    within 24 hours of receipt, make the request for consent
8    public by posting it in the customary public notice format
9    for the applicable county board or governing body with
10    instructions to the public regarding how public comment on
11    the request for approval or denial of the request for
12    consent of the well site and fracturing operations can be
13    registered.
14        (3) A public meeting regarding approval or denial of a
15    request for consent for a well site and fracturing
16    operations shall be scheduled for the next public meeting
17    or added to the agenda of a previously scheduled public
18    meeting held by the county board or governing body no
19    earlier than 10 business days after posting the public
20    notice of the meeting time and location.
21        (4) The county board or governing body considering any
22    request for consent for a well site and fracturing
23    operations to be located within its jurisdiction shall
24    consult with the Department about any and all specific
25    details pertaining to the permit application for that well
26    site. The Department shall provide the county board or

 

 

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1    governing body with all available information about the
2    well site and fracturing operations including, but not
3    limited to, the proposed fracturing operations of the well
4    site, the history and expertise of the permit applicants,
5    and the risks and possible mitigation of those risks
6    relating to all issues encountered on the well site and
7    fracturing operations.
8        (5) The county board or governing body shall consult
9    with the Illinois State Water Survey and the Environmental
10    Protection Agency about the fresh water withdrawal and
11    management plan included in the permit application and any
12    risks and possible mitigation for pollution or diminution
13    of water resources. The Illinois State Water Survey and the
14    Environmental Protection Agency shall provide the county
15    board or governing body with all available information and
16    include a summary of the information for use by the county
17    board or governing body.
18        (6) The county board or governing body shall consult
19    with the Environmental Protection Agency about any risks
20    and possible mitigation for air pollution and water and
21    soil contamination on and around the well site, and any
22    soil and water contamination issues related to
23    transportation to and from the well site. The Environmental
24    Protection Agency shall provide the county board or
25    governing body with all available information and include a
26    summary of the information for use by the county board or

 

 

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1    governing body.
2        (7) The county board or governing body shall consult
3    with Illinois Emergency Management Agency, the Illinois
4    Department of Transportation, the Department of State
5    Police, and the Illinois Fire Marshal about the risks and
6    possible mitigation of accidents, damage to property,
7    personal injury, transportation to and from the well site,
8    natural disasters, and criminal acts that may affect the
9    operations described on the permit application for the well
10    site and fracturing operations. The Illinois Emergency
11    Management Agency, the Illinois Department of
12    Transportation, the Department of State Police, and the
13    Illinois Fire Marshal shall provide the county board or
14    governing body with all available information and include a
15    summary of the information for use by the county board or
16    governing body.
17        (8) The county board or governing body shall consult
18    with the Department of Public Health about any public
19    health risks and possible mitigation that might occur with
20    the well site and the well site operations, with particular
21    attention to the public health risks to pregnant women,
22    infants and children, the disabled, the hearing and sight
23    impaired, and persons with cardiovascular disease or
24    respiratory disease. The Department of Public Health shall
25    provide the county board or governing body with all
26    available information and include a summary of the

 

 

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1    information for use by the county board or governing body.
2        (9) The county board or governing body shall consult
3    with the Department and Illinois State Geological Survey
4    about the risks and possible mitigation of induced
5    seismicity from the well site, including Class II injection
6    wells that the applicant has indicated on the application.
7    The Department and the Illinois State Geological Survey
8    shall provide the county board or governing body with all
9    available information and include a summary of the
10    information for use by the county board or governing body.
11        (10) All of the consultations listed in items (5)
12    through (9) shall be conducted by the county board or
13    governing body prior to approving or denying the request
14    for consent for a well site and fracturing operations and
15    prior to the public meeting regarding the approval or
16    denial of the request for consent for the well site and
17    fracturing operations in its jurisdiction. A summary of
18    these consultations shall be prepared by the county board
19    or governing body and be made public as soon as convenient
20    through the customary public notice format for the county
21    board or governing body. The summary of the consultation
22    with the Department and each State agency under this
23    Section shall be made available to the public by the county
24    board or governing body at the public meeting regarding the
25    approval or denial of the request for consent of the well
26    site and fracturing operations.

 

 

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1        (11) If the county board or the governing body
2    determines that further consultations, public meetings,
3    public hearings, expert testimony, site visits, research,
4    and deliberations are necessary, it shall schedule and
5    conduct any and all investigations according to all
6    applicable State and local laws and ordinances. No deadline
7    is imposed upon the approval or denial of the request for
8    consent for a well site and fracturing operations.
9        (12) The county board or governing body shall develop a
10    method of timely notification to the public and interested
11    residents in the local jurisdiction about further details
12    and announcements pertaining to the well site and
13    fracturing operations, including any notifications of: (A)
14    approval or denial of the request for consent, (B) further
15    local investigations, studies, expert opinions and
16    consultations; (C) accidents, blow outs, fires, incidents,
17    violations, fines, public health notices, noise alerts,
18    traffic pattern alerts, traffic accidents, crime alerts,
19    and emergency planning, and (D) notices about water
20    contamination, diminution, air pollution, and induced
21    seismicity and radioactivity levels. This information
22    shall be posted on the Internet website of the county board
23    or governing body and shall clearly state that it relates
24    to the well site and fracturing operations.
25        (13) The county board or governing body that is
26    considering the approval or denial of a request for consent

 

 

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1    for a well site and fracturing operations within its
2    jurisdiction shall deliberate on all of the information
3    provided to it from each of the State agencies and shall
4    determine the following:
5            (A) whether the well site and the well site
6        operations are located and proposed to be operated in a
7        way that maximizes the protection of the public health,
8        safety, and welfare;
9            (B) whether the well site and fracturing
10        operations are located and proposed to be operated in a
11        way that ensures reasonable safety for domesticated
12        animals, livestock, and wildlife in the locality;
13            (C) whether the well site and fracturing
14        operations are located and proposed in a way that
15        minimizes incompatibility with the character of the
16        surrounding area, minimizes the effect on the value of
17        the surrounding property, and whether local zoning
18        ordinances and special use permits have been
19        considered;
20            (D) whether the well site and fracturing
21        operations are located and proposed to be operated
22        outside the boundary of the 100 year flood plain;
23            (E) whether the well site and fracturing
24        operations are located and proposed to be operated in a
25        way that minimizes the danger to the surrounding area
26        from fire, spills, blowouts, traffic accidents,

 

 

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1        induced seismicity, radioactivity exposure, excessive
2        and dangerous noise levels, light pollution, water
3        contamination, or other operational accidents;
4            (F) whether the well site and fracturing
5        operations are located and proposed to be operated in a
6        way that ensures that traffic patterns to or from the
7        well site are designed to minimize the impact on
8        existing traffic flows; and
9            (G) whether the well site and fracturing
10        operations are located and proposed to be operated in a
11        way that ensures that the treating, storing,
12        transporting or disposing of TENORM, low level
13        radioactive waste, hazardous waste, and chemical
14        spillage is in compliance with all State and local laws
15        and that an emergency response plan exists for the well
16        site and fracturing operations which includes
17        notification, containment, and evacuation procedures
18        to be used in case of an accidental release.
19        (14) The county board or the governing body of the
20    city, village, or incorporated town shall also consider as
21    evidence the previous operating experience and past record
22    of convictions or admissions of violations of the applicant
23    for the permit for a well site, and any subsidiary or
24    parent corporation, in the field of high volume hydraulic
25    fracturing or horizontal drilling with fracturing
26    operations.

 

 

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1        (15) A county board or governing body may conduct a
2    siting review under this Section and charge the applicant a
3    reasonable fee for the reasonable and necessary costs
4    incurred by the county board, city, village, or
5    incorporated town in the siting review process.
6        (16) A county board or governing body may request the
7    Illinois Department of Transportation to perform traffic
8    impact studies of the proposed well site and fracturing
9    operations.
10        (17) An applicant may not file a request for consent
11    for a well site and fracturing operations which is
12    substantially the same as a request that was denied within
13    the preceding 2 years.
14        (18) Any county board or governing body shall, within 7
15    business days before approving or denying a request for
16    consent for a well site and fracturing operations to be
17    located within their jurisdictions, make available a
18    summary report in the customary public notice format with
19    instructions to the public regarding submission of final
20    public comment on the approval or denial of the request for
21    consent, including summaries of the siting plans for the
22    well as described in the permit application, the fresh
23    water withdrawal and management plan, the waste management
24    plans, the traffic plans and anticipated routes, plans for
25    emergency management of accidents, fires, blowouts, or
26    chemical spills, feedback and concerns from the public, and

 

 

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1    any information obtained from the consultations with the
2    Department and other State agencies. The report shall
3    include the reasons that the county board or governing body
4    is considering approval or denial of the request to consent
5    to the well site and fracturing operations.
6        (19) If approved, a signed certified consent
7    authorized by the county board or governing body shall be
8    sent to the Department by certified mail to be included in
9    the permit application. No permit shall be issued unless
10    the certified signed consent is secured and filed with the
11    permit application.
12        (20) Once a permit is issued, the county board or
13    governing body shall consult with the Department and local
14    emergency personnel, including the Department of State
15    Police, once every 4 months regarding the progress of the
16    application and fracturing operations at the well site, any
17    ongoing emergency or traffic management issues, ongoing
18    public health issues, and any ongoing production issues
19    until production has ended at that well site and the site
20    has been remediated and the well has been capped. The
21    county board or governing body shall update its Internet
22    website or otherwise inform the public regarding these
23    updates about the well site, fracturing operations, and
24    production operations every 6 months.
25        (21) In the event that an amended location is selected,
26    the original permit and certified signed consent shall be

 

 

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1    invalid. A new certified consent, including compliance
2    with all provisions of this Section, shall be filed for the
3    amended location.
4    (d) The hydraulic fracturing or horizontal drilling with
5fracturing operations permit application shall be accompanied
6by a bond as required by subsection (a) of Section 1-65 of this
7Act.
8    (e) Each application for a permit under this Act shall
9include payment of a non-refundable fee of $13,500. Of this
10fee, $11,000 shall be deposited into the Mines and Minerals
11Regulatory Fund for the Department to use to administer and
12enforce this Act and otherwise support the operations and
13programs of the Office of Mines and Minerals. The remaining
14$2,500 shall be deposited into the Illinois Clean Water Fund
15for the Agency to use to carry out its functions under this
16Act. The Department shall not initiate its review of the permit
17application until the applicable fee under this subsection (e)
18has been submitted to and received by the Department.
19    (f) Each application submitted under this Act shall be
20signed, under the penalty of perjury, by the applicant or the
21applicant's designee who has been vested with the authority to
22act on behalf of the applicant and has direct knowledge of the
23information contained in the application and its attachments.
24Any person signing an application shall also sign an affidavit
25with the following certification:
26        "I certify, under penalty of perjury as provided by law

 

 

SB3326- 20 -LRB098 19588 MGM 54780 b

1    and under penalty of refusal, suspension, or revocation of
2    a high volume horizontal hydraulic fracturing or
3    horizontal drilling with fracturing permit, that this
4    application and all attachments are true, accurate, and
5    complete to the best of my knowledge.".
6    (g) The permit application shall be submitted to the
7Department in both electronic and hard copy format. The
8electronic format shall be searchable.
9    (h) The application for a high volume horizontal hydraulic
10fracturing or horizontal drilling with fracturing permit may be
11submitted as a combined permit application with the operator's
12application to drill on a form as the Department shall
13prescribe. The combined application must include the
14information required in this Section. If the operator elects to
15submit a combined permit application, information required by
16this Section that is duplicative of information required for an
17application to drill is only required to be provided once as
18part of the combined application. The submission of a combined
19permit application under this subsection shall not be
20interpreted to relieve the applicant or the Department from
21complying with the requirements of this Act or the Illinois Oil
22and Gas Act.
23    (i) Upon receipt of a permit application, the Department
24shall have no more than 60 calendar days from the date it
25receives the permit application to approve, with any conditions
26the Department may find necessary, or reject the application

 

 

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1for the high volume horizontal hydraulic fracturing or
2horizontal drilling with fracturing permit. The applicant may
3waive, in writing, the 60-day deadline upon its own initiative
4or in response to a request by the Department.
5    (j) If at any time during the review period the Department
6determines that the permit application is not complete under
7this Act, does not meet the requirements of this Section, or
8requires additional information, the Department shall notify
9the applicant in writing of the application's deficiencies and
10allow the applicant to correct the deficiencies and provide the
11Department any information requested to complete the
12application. If the applicant fails to provide adequate
13supplemental information within the review period, the
14Department may reject the application.
15(Source: P.A. 98-22, eff. 6-17-13; revised 11-12-13.)
 
16    (225 ILCS 732/1-40)
17    Sec. 1-40. Public notice.
18    (a) Within 5 calendar days after the Department's receipt
19of the completed high volume horizontal hydraulic fracturing or
20horizontal drilling with fracturing application, the
21Department shall post notice of its receipt and a copy of the
22permit application on its website. The notice shall include the
23dates of the public comment period and directions for
24interested parties to submit comments.
25    (b) Within 5 calendar days after the Department's receipt

 

 

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1of the completed permit application and notice to the applicant
2that the high volume horizontal hydraulic fracturing or
3horizontal drilling with fracturing permit application was
4received, the Department shall provide the Agency, the Office
5of the State Fire Marshal, Illinois State Water Survey, the
6Department of Public Health, the Illinois Emergency Management
7Agency, and Illinois State Geological Survey with notice of the
8application.
9    (c) The applicant shall provide the following public
10notice:
11        (1) Applicants shall mail specific public notice by
12    U.S. Postal Service certified mail, return receipt
13    requested, within 3 calendar days after submittal of the
14    completed high volume horizontal hydraulic fracturing or
15    horizontal drilling with fracturing permit application to
16    the Department, to all persons identified as owners of real
17    property within 1,500 feet of the proposed well site, as
18    disclosed by the records in the office of the recorder of
19    the county or counties, and to each municipality and county
20    in which the well site is proposed to be located.
21        (2) Except as otherwise provided in this paragraph (2)
22    of subsection (c), applicants shall provide general public
23    notice by publication, once each week for 2 consecutive
24    weeks, beginning no later than 3 calendar days after
25    submittal of the completed high volume horizontal
26    hydraulic fracturing or horizontal drilling with

 

 

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1    fracturing permit application to the Department, in a
2    newspaper of general circulation published in each county
3    where the well proposed for high volume hydraulic
4    fracturing operations or horizontal drilling with
5    fracturing operations is proposed to be located.
6        If a well is proposed for high volume hydraulic
7    fracturing operations or horizontal drilling with
8    fracturing operations in a county where there is no daily
9    newspaper of general circulation, applicant shall provide
10    general public notice, by publication, once each week for 2
11    consecutive weeks, in a weekly newspaper of general
12    circulation in that county beginning as soon as the
13    publication schedule of the weekly newspaper permits, but
14    in no case later than 10 days after submittal of the
15    completed high volume hydraulic fracturing or horizontal
16    drilling with fracturing permit application to the
17    Department.
18        (3) The specific and general public notices required
19    under this subsection shall contain the following
20    information:
21            (A) the name and address of the applicant;
22            (B) the date the application for a completed high
23        volume horizontal hydraulic fracturing or horizontal
24        drilling with fracturing permit was filed;
25            (C) the dates for the public comment period and a
26        statement that anyone may file written comments about

 

 

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1        any portion of the applicant's submitted completed
2        high volume horizontal hydraulic fracturing or
3        horizontal drilling with fracturing permit application
4        with the Department during the public comment period;
5            (D) the proposed well name, reference number
6        assigned by the Department, and the address and legal
7        description of the well site and its unit area;
8            (E) a statement that the information filed by the
9        applicant in their application for a completed high
10        volume horizontal hydraulic fracturing or horizontal
11        drilling with fracturing permit is available from the
12        Department through its website;
13            (F) the Department's website and the address and
14        telephone number for the Department's Oil and Gas
15        Division;
16            (G) a statement that any person having an interest
17        that is or may be adversely affected, any government
18        agency that is or may be affected, or the county board
19        of a county to be affected under a proposed permit, may
20        file written objections to a permit application and may
21        request a public hearing.
22    (d) After providing the public notice as required under
23paragraph (2) of subsection (c) of this Section, the applicant
24shall supplement its permit application by providing the
25Department with a certification and documentation that the
26applicant fulfilled the public notice requirements of this

 

 

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1Section. The Department shall not issue a permit until the
2applicant has provided the supplemental material required
3under this subsection.
4    (e) If multiple applications are submitted at the same time
5for wells located on the same well site, the applicant may use
6one public notice for all applications provided the notice is
7clear that it pertains to multiple applications and conforms to
8the requirements of this Section. Notice shall not constitute
9standing for purposes of requesting a public hearing or for
10standing to appeal the decision of the Department in accordance
11with the Administrative Review Law.
12(Source: P.A. 98-22, eff. 6-17-13.)
 
13    (225 ILCS 732/1-45)
14    Sec. 1-45. Public comment periods.
15    (a) The public comment period shall begin 7 calendar days
16after the Department's receipt of the completed permit
17application with any and all required information officially
18submitted to the Department. The public comment period shall
19and last for 60 30 calendar days.
20    (b) Where a public hearing is conducted under Section 1-50
21of this Act, the Department shall may provide for an additional
22public comment period of 20 15 days as necessary to allow for
23comments in response to evidence and testimony presented at the
24hearing. The additional public comment period shall be added to
25the original 60-day public comment period for a total of 80

 

 

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1days begin on the day after the public hearing.
2    (c) During any public comment period, any person may file
3written comments to the Department concerning any portion of
4the permit application and any issue relating to the
5applicant's compliance with the requirements of the Act and any
6other applicable laws.
7    (d) The Department shall may request that the applicant
8respond to any documented substantive public comments obtained
9during the public comment period.
10(Source: P.A. 98-22, eff. 6-17-13.)
 
11    (225 ILCS 732/1-50)
12    Sec. 1-50. High volume horizontal hydraulic fracturing or
13horizontal drilling with fracturing operations permit;
14hearing.
15    (a) When a permit application is submitted to conduct high
16volume horizontal hydraulic fracturing operations or
17horizontal drilling with fracturing operations for the first
18time at a particular well site, any person having an interest
19that is or may be adversely affected, any government agency
20that is or may be affected, or the county board of a county to
21be affected under a proposed permit, may file written
22objections to the permit application and may request a public
23hearing during the public comment period established under
24subsection (a) of Section 1-45 of this Act. The request for
25hearing shall contain a short and plain statement identifying

 

 

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1the person and stating facts demonstrating that the person has
2an interest that is or may be adversely affected. The
3Department shall hold a public hearing upon a request under
4this subsection, unless the request is determined by the
5Department to lack any adequate factual statement that the
6person is or may be adversely affected (i) lack an adequate
7factual statement that the person is or may be adversely
8affected or (ii) be frivolous.
9    (b) Prior to the commencement of a public hearing under
10this Section, any person who could have requested the hearing
11under subsection (a) of this Section may petition the
12Department to participate in the hearing in the same manner as
13the party requesting the hearing. The petition shall contain a
14short and plain statement identifying the petitioner and
15stating facts demonstrating that the petitioner is a person
16having an interest that is or may be adversely affected. The
17petitioner shall serve the petition upon the Department. Unless
18the Department determines that the petition is frivolous, or
19that the petitioner has failed to allege facts in support of an
20interest that is or may be adversely affected, the petitioner
21shall be allowed to participate in the hearing in the same
22manner as the party requesting the hearing. The petitioner, if
23denied participation in the hearing, may appeal the decision to
24the Director and receive a written response.
25    (c) The public hearing to be conducted under this Section
26shall comply with the contested case requirements of the

 

 

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1Illinois Administrative Procedure Act. The Department shall
2establish rules and procedures to determine whether any request
3for a public hearing may be granted in accordance with
4subsection (a) of this Section, and for the notice and conduct
5of the public hearing. These procedural rules shall include
6provisions for reasonable notice to (i) the public and (ii) all
7parties to the proceeding, which include the applicant, the
8persons requesting the hearing, and the persons granted the
9right to participate in the hearing pursuant to subsection (b)
10of this Section, for the qualifications, powers, and
11obligations of the hearing officer, and for reasonable
12opportunity for all the parties to provide evidence and
13argument, to respond by oral or written testimony to statements
14and objections made at the public hearing, and for reasonable
15cross-examination of witnesses. County boards, governing
16bodies of municipalities, villages, and incorporated towns,
17and the public may present their written objections or
18recommendations at the public hearing. A complete record of the
19hearings and all testimony shall be made by the Department and
20recorded stenographically or electronically. The complete
21record shall be maintained and shall be accessible to the
22public on the Department's website until final release of the
23applicant's performance bond.
24    (d) At least 21 10 calendar days before the date of the
25public hearing, the Department shall publish notice of the
26public hearing in a newspaper of general circulation published

 

 

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1in the county where the proposed well site will be located.
2(Source: P.A. 98-22, eff. 6-17-13.)