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Public Act 104-0567 |
| SB3113 Enrolled | LRB104 19645 BAB 33094 b |
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AN ACT concerning regulation. |
Be it enacted by the People of the State of Illinois, |
represented in the General Assembly: |
Section 5. The Illinois Oil and Gas Act is amended by |
changing Sections 1, 6, 8a, 8e, 14, and 26 as follows: |
(225 ILCS 725/1) (from Ch. 96 1/2, par. 5401) |
Sec. 1. Unless the context otherwise requires, the words |
defined in this Section have the following meanings as used in |
this Act. |
"Department" means the Department of Natural Resources. |
"Director" means the Director of Natural Resources. |
"Drilling unit" means the surface area allocated by an |
order or rule of the Department to the drilling of a single |
well for the production of oil or gas from an individual pool. |
"Enhanced recovery method" means any method used in an |
effort to recover hydrocarbons from a pool by the injection of |
fluids, gases, or other substances to maintain, restore, or |
augment natural reservoir energy, or by introducing immiscible |
or miscible gases, chemicals, or other substances, or heat, or |
by in-situ combustion, or by any combination thereof. |
"Field" means the same general surface area that is |
underlaid or appears to be underlaid by one or more pools. |
"Fresh water" means surface and subsurface water in its |
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natural state useful as drinking water for human consumption, |
domestic livestock, irrigation, industrial, municipal, and |
recreational purposes, and that will support aquatic life and |
contains less than 10,000 ppm of total dissolved solids. |
"Person" means any natural person, corporation, |
association, partnership, governmental agency or other legal |
entity, receiver, trustee, guardian, executor, administrator, |
fiduciary or representative of any kind. |
"Oil" means natural crude oil or petroleum and other |
hydrocarbons, regardless of gravity, which are produced at the |
well in liquid form by ordinary production methods or by the |
use of an oil and gas separator and which are not the result of |
condensation of gas after it leaves the underground reservoir. |
"Gas" means all natural gas, including casinghead gas, and |
all other natural hydrocarbons not defined above as oil. |
"Mineral owner's royalty" means the share of oil and gas |
production reserved in an oil and gas lease, free of all costs |
by an owner of the minerals, whether denominated royalty or |
overriding royalty. |
"Mining Board" means the State Mining Board in the |
Department of Natural Resources Office of Mines and Minerals. |
"Oil" means natural crude oil or petroleum and other |
hydrocarbons, regardless of gravity, which are produced at the |
well in liquid form by ordinary production methods or by the |
use of an oil and gas separator, which are not the result of |
condensation of gas after it leaves the underground reservoir. |
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"Orphan well" means a well for which: (1) no fee |
assessment under Section 19.7 of this Act has been paid or no |
other bond coverage has been provided for 2 consecutive years; |
(2) no oil or gas has been produced from the well or from the |
lease or unit on which the well is located for 2 consecutive |
years; and (3) no permittee or owner can be identified or |
located by the Department. "Orphan well" includes a well that |
has been drilled for purposes other than those for which a |
permit is required under this Act if the well is a conduit for |
oil or salt water intrusions into fresh water zones or onto the |
surface, which may be caused by oil and gas operations. |
"Owner" means the person who has the right to drill into |
and produce from any pool and to appropriate the production |
either for the person or for the person and another, others, or |
solely for others, excluding the mineral owner's royalty, if |
the right to drill and produce has been granted under an oil |
and gas lease. "Owner" includes a person granted the right to |
drill and operate an injection (Class II UIC) well independent |
of the right to drill for and produce oil or gas. When the |
right to drill, produce, and appropriate production is held by |
more than one person, then all persons holding these rights |
may designate the owner by a written operating agreement or |
similar written agreement. In the absence of such an |
agreement, and subject to the provisions of Sections 22.2 and |
23.1 through 23.16 of this Act, the owner shall be the person |
designated in writing by a majority of the persons in interest |
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holding these rights. |
"Permit" means the Department's written authorization |
allowing a well to be drilled, deepened, converted, or |
operated by an owner. |
"Permittee" means the owner holding or required to hold |
the permit, and who is also responsible for paying assessments |
in accordance with Section 19.7 of this Act, and, where |
applicable, executing and filing the bond associated with the |
well as principal, and who is responsible for compliance with |
all statutory and regulatory requirements pertaining to the |
well. |
When the right and responsibility for operating a well is |
vested in a receiver or trustee appointed by a court of |
competent jurisdiction, the permit shall be issued to the |
receiver or trustee. |
"Person" means any natural person, corporation, |
association, partnership, governmental agency, including any |
other legal entity, receiver, trustee, guardian, executor, |
administrator, fiduciary, or representative of any kind. |
"Pool" means a natural, underground reservoir containing |
in whole or in part, a natural accumulation of oil or gas, or |
both. Each productive zone or stratum of a general structure, |
which is completely separated from any other zone or stratum |
in the structure, is deemed a separate "pool" as used herein. |
"Produced water" means water, regardless of chloride and |
total dissolved solids content that is produced in conjunction |
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with oil and natural gas production or natural gas storage |
operations. |
"Temporary abandonment status" means a well that has |
received an authorization for temporary abandonment status |
from the Department. |
"Vacuum" means pressure that is reduced below the pressure |
of the atmosphere. |
"Field" means the same general surface area which is |
underlaid or appears to be underlaid by one or more pools. |
"Permit" means the Department's written authorization |
allowing a well to be drilled, deepened, converted, or |
operated by an owner. |
"Permittee" means the owner holding or required to hold |
the permit, and who is also responsible for paying assessments |
in accordance with Section 19.7 of this Act and, where |
applicable, executing and filing the bond associated with the |
well as principal and who is responsible for compliance with |
all statutory and regulatory requirements pertaining to the |
well. |
When the right and responsibility for operating a well is |
vested in a receiver or trustee appointed by a court of |
competent jurisdiction, the permit shall be issued to the |
receiver or trustee. |
"Orphan Well" means a well for which: (1) no fee |
assessment under Section 19.7 of this Act has been paid or no |
other bond coverage has been provided for 2 consecutive years; |
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(2) no oil or gas has been produced from the well or from the |
lease or unit on which the well is located for 2 consecutive |
years; and (3) no permittee or owner can be identified or |
located by the Department. Orphaned wells include wells that |
may have been drilled for purposes other than those for which a |
permit is required under this Act if the well is a conduit for |
oil or salt water intrusions into fresh water zones or onto the |
surface which may be caused by oil and gas operations. |
"Owner" means the person who has the right to drill into |
and produce from any pool, and to appropriate the production |
either for the person or for the person and another, or others, |
or solely for others, excluding the mineral owner's royalty if |
the right to drill and produce has been granted under an oil |
and gas lease. An owner may also be a person granted the right |
to drill and operate an injection (Class II UIC) well |
independent of the right to drill for and produce oil or gas. |
When the right to drill, produce, and appropriate production |
is held by more than one person, then all persons holding these |
rights may designate the owner by a written operating |
agreement or similar written agreement. In the absence of such |
an agreement, and subject to the provisions of Sections 22.2 |
and 23.1 through 23.16 of this Act, the owner shall be the |
person designated in writing by a majority in interest of the |
persons holding these rights. |
"Department" means the Department of Natural Resources. |
"Director" means the Director of Natural Resources. |
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"Mining Board" means the State Mining Board in the |
Department of Natural Resources, Office of Mines and Minerals. |
"Mineral Owner's Royalty" means the share of oil and gas |
production reserved in an oil and gas lease free of all costs |
by an owner of the minerals whether denominated royalty or |
overriding royalty. |
"Waste" means "physical waste" as that term is generally |
understood in the oil and gas industry, and further includes: |
(1) the locating, drilling, and producing of any oil |
or gas well or wells drilled contrary to the valid order, |
rules and regulations adopted by the Department under the |
provisions of this Act; |
(2) permitting the migration of oil, gas, or water |
from the stratum in which it is found, into other strata, |
thereby ultimately resulting in the loss of recoverable |
oil, gas or both; |
(3) the drowning with water of any stratum or part |
thereof capable of producing oil or gas, except for |
secondary recovery purposes; |
(4) the unreasonable damage to underground, fresh or |
mineral water supply, workable coal seams, or other |
mineral deposits in the operations for the discovery, |
development, production, or handling of oil and gas; |
(5) the unnecessary or excessive surface loss or |
destruction of oil or gas resulting from evaporation, |
seepage, leakage or fire, especially such loss or |
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destruction incident to or resulting from the escape of |
gas into the open air in excessive or unreasonable |
amounts, provided, however, it shall not be unlawful for |
the operator or owner of any well producing both oil and |
gas to burn such gas in flares when such gas is, under the |
other provisions of this Act, lawfully produced, and where |
there is no market at the well for such escaping gas; and |
where the same is used for the extraction of casinghead |
gas, it shall not be unlawful for the operator of the plant |
after the process of extraction is completed, to burn such |
residue in flares when there is no market at such plant for |
such residue gas; |
(6) permitting unnecessary fire hazards; and |
(7) permitting unnecessary damage to or destruction of |
the surface, soil, animal, fish or aquatic life or |
property from oil or gas operations. |
"Drilling Unit" means the surface area allocated by an |
order or regulation of the Department to the drilling of a |
single well for the production of oil or gas from an individual |
pool. |
"Enhanced Recovery Method" means any method used in an |
effort to recover hydrocarbons from a pool by injection of |
fluids, gases or other substances to maintain, restore or |
augment natural reservoir energy, or by introducing immiscible |
or miscible gases, chemicals, other substances or heat or by |
in-situ combustion, or by any combination thereof. |
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"Well-Site Equipment" means any production-related |
equipment or materials specific to the well, including motors, |
pumps, pump jacks, tanks, tank batteries, separators, |
compressors, casing, tubing, and rods. |
"Temporary abandonment status" means a well that has |
received an authorization for temporary abandonment status |
from the Department. |
(Source: P.A. 102-1017, eff. 1-1-23.) |
(225 ILCS 725/6) (from Ch. 96 1/2, par. 5409) |
Sec. 6. The Department shall have the authority to conduct |
hearings and to make such reasonable rules as may be necessary |
from time to time in the proper administration and enforcement |
of this Act, including the adoption of rules and the holding of |
hearings for the following purposes: |
(1) To require the drilling, casing and plugging of |
wells to be done in such a manner as to prevent the |
migration of oil or gas from one stratum to another; to |
prevent the intrusion of water into oil, gas or coal |
strata; to prevent the pollution of fresh water supplies |
by oil, gas or salt water. |
(2) To require the person desiring or proposing to |
drill, deepen or convert any well for the exploration or |
production of oil or gas, for injection or water supply in |
connection with enhanced recovery projects, for the |
disposal of salt water, brine, or other oil or gas field |
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wastes, or for input, withdrawal, or observation in |
connection with the storage of natural gas or other liquid |
or gaseous hydrocarbons before commencing the drilling, |
deepening or conversion of any such well, to make |
application to the Department upon such form as the |
Department may prescribe and to comply with the provisions |
of this Section. The drilling, deepening or conversion of |
any well is hereby prohibited until such application is |
made and the applicant is issued a permit therefor as |
provided by this Act. Each application for a well permit |
shall include the following: (A) The exact location of the |
well, (B) the name and address of the manager, operator, |
contractor, driller, or any other person responsible for |
the conduct of drilling operations, (C) the proposed depth |
of the well, (D) lease ownership information, and (E) such |
other relevant information as the Department may deem |
necessary or convenient to effectuate the purposes of this |
Act. |
(2.5) Additionally, for each applicant who has not |
been issued a permit that is (i) not of record with the |
Department on the effective date of this amendatory Act of |
the 104th General Assembly, or (ii) a permittee on record |
with the Department but who has failed to make payments of |
the assessments as required under Section 19.7 of this Act |
at any time in the preceding 5 years of the application, |
the permittee or applicant shall execute, as principal, |
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and file with the Department a bond, executed by a surety |
authorized to transact business in this State, in an |
amount estimated to cover the cost of plugging the well |
and restoring the well site and shall set at the following |
rates: |
(A) $10,000 for one well; |
(B) $25,000 in total covering a blanket bond for |
up to 10 wells; |
(C) $50,000 in total covering a blanket bond for |
up to 50 wells; or |
(D) $100,000 in total covering a blanket bond for |
up to 100 wells. |
A blanket bond covering more than 100 wells shall be |
increased to include the bond amount, as provided in this |
paragraph (2.5), for the total number of wells more than |
100 that are covered by the blanket bond. Such bond shall |
be submitted to the Department before drilling, deepening, |
converting, or operating any well for which a new or |
transfer permit is required and that has not previously |
been plugged and abandoned in accordance with the Act. The |
Department shall release the bond if any of the following |
are met: |
(i) all wells covered by the bond are plugged and |
all well sites are restored in accordance with this |
Act and administrative rules; |
(ii) all wells covered by the bond are transferred |
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in accordance with this Act and administrative rules; |
or |
(iii) the permittee pays assessments to the |
Department in accordance with Section 19.7 of this Act |
for 5 consecutive years from the date of issuance of a |
permit after the effective date of this amendatory Act |
of the 104th General Assembly and the permittee is not |
in violation of this Act or any administrative rules. |
In lieu of a surety bond, the applicant may provide |
certificates of deposit or irrevocable letters of credit |
under such terms and conditions as the Department may |
provide by rule. |
The sureties on all bonds in effect on this amendatory |
Act of the 104th General Assembly shall remain liable as |
sureties in accordance with their undertakings until |
released by the Department from further liability under |
the Act. The principal on each bond in effect on the |
effective date of this amendatory Act of the 104th General |
Assembly shall be released from the obligation of |
maintaining the bond if the well covered by a surety bond |
has been plugged and the well site restored in accordance |
with the Department's rules or the principal of the surety |
has paid the initial assessment in accordance with Section |
19.7 and no well or well site covered by the surety bond is |
in violation of the Act. |
No permit shall be issued to a corporation |
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incorporated outside of Illinois until the corporation has |
been authorized to do business in Illinois. |
No permit shall be issued to an individual, |
partnership, or other unincorporated entity that is not a |
resident of Illinois until that individual, partnership, |
or other unincorporated entity has irrevocably consented |
to be sued in Illinois. |
(3) To require the person assigning, transferring, or |
selling any well for which a permit is required under this |
Act to notify the Department of the change of ownership. |
The notification shall be on a form prescribed by the |
Department, shall be executed by the current permittee and |
by the new permittee, or their authorized representatives, |
and shall be filed with the Department within 30 days |
after the effective date of the assignment, transfer or |
sale. Within the 30-day 30 day notification period and |
prior to operating the well, the new permittee shall pay |
the required well transfer fee and, where applicable, file |
with the Department the bond required under subsection |
(2.5) of this Section. |
(4) To require the filing with the State Geological |
Survey of all geophysical logs, a well drilling report and |
drill cuttings or cores, if cores are required, within 90 |
days after drilling ceases; and to file a completion |
report with the Department within 30 days after the date |
of first production following initial drilling or any |
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reworking, or after the plugging of the well, if a dry |
hole. A copy of each completion report submitted to the |
Department shall be delivered to the State Geological |
Survey. The Department and the State Geological Survey |
shall keep the reports confidential, if requested in |
writing by the permittee, for 2 years after the date the |
permit is issued by the Department. This confidentiality |
requirement shall not prohibit the use of the report for |
research purposes, provided the State Geological Survey |
does not publish specific data or identify the well to |
which the completion report pertains. |
(5) To prevent "blowouts", "caving" and "seepage" in |
the same sense that conditions indicated by such terms are |
generally understood in the oil and gas business. |
(6) To prevent fires. |
(7) To ascertain and identify the ownership of all oil |
and gas wells, producing leases, refineries, tanks, |
plants, structures, and all storage and transportation |
equipment and facilities. |
(8) To regulate the use of any enhanced recovery |
method in oil pools and oil fields. |
(9) To regulate or prohibit the use of vacuum, |
including charging a vacuum permit application fee of up |
to $300 per permit. |
(10) To regulate the spacing of wells, the issuance of |
permits, and the establishment of drilling units. |
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(11) To regulate directional drilling of oil or gas |
wells. |
(12) To regulate the plugging of wells. |
(13) To require that wells for which no logs or |
unsatisfactory logs are supplied shall be completely |
plugged with cement from bottom to top. |
(14) To require a description in such form as is |
determined by the Department of the method of well |
plugging for each well, indicating the character of |
material used and the positions and dimensions of each |
plug. |
(15) To prohibit waste, as defined in this Act. |
(16) To require the keeping of such records, the |
furnishing of such relevant information and the |
performance of such tests as the Department may deem |
necessary to carry into effect the purposes of this Act. |
(17) To regulate the disposal of salt or |
sulphur-bearing water and any oil field waste produced in |
the operation of any oil or gas well. |
(18) To prescribe rules, conduct inspections and |
require compliance with health and safety standards for |
the protection of persons working underground in |
connection with any oil and gas operations. For the |
purposes of this paragraph, oil and gas operations include |
drilling or excavation, production operations, plugging or |
filling in and sealing, or any other work requiring the |
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presence of workers in shafts or excavations beneath the |
surface of the earth. Rules promulgated by the Department |
may include minimum qualifications of persons performing |
tasks affecting the health and safety of workers |
underground, minimum standards for the operation and |
maintenance of equipment, and safety procedures and |
precautions, and shall conform, as nearly as practicable, |
to corresponding qualifications, standards and procedures |
prescribed under the Coal Mining Act. |
(19) To deposit the amount of any forfeited surety |
bond or other security in the Plugging and Restoration |
Fund, a special fund in the State treasury which is hereby |
created; to deposit into the Fund any amounts collected, |
reimbursed or recovered by the Department under Sections |
19.5, 19.6 and 19.7 of this Act; to accept, receive, and |
deposit into the Fund any grants, gifts or other funds |
which may be made available from public or private sources |
and all earnings received from investment of monies in the |
Fund; and to make expenditures from the Fund for the |
purposes of plugging, replugging or repairing any well, |
and restoring the site of any well, determined by the |
Department to be abandoned or ordered by the Department to |
be plugged, replugged, repaired or restored under Sections |
8a, 19 or 19.1 of this Act, including expenses in |
administering the Fund. |
For the purposes of this Act, the State Geological Survey |
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shall co-operate with the Department in making available its |
scientific and technical information on the oil and gas |
resources of the State, and the Department shall in turn |
furnish a copy to the State Geological Survey of all drilling |
permits as issued, and such other drilling and operating data |
received or secured by the Department which are pertinent to |
scientific research on the State's mineral resources. |
(Source: P.A. 104-150, eff. 1-1-26.) |
(225 ILCS 725/8a) (from Ch. 96 1/2, par. 5413) |
Sec. 8a. When an inspector or other authorized employee or |
agent of the Department determines that any permittee, or any |
person engaged in conduct or activities required to be |
permitted under this Act, is in violation of any requirement |
of this Act or the rules adopted hereunder or any permit |
condition, or has falsified or otherwise misstated any |
information on or relative to any application, permit, |
required record, or other document required to be submitted to |
the Department by this Act or any rules or procedures adopted |
under this Act, a notice of violation shall be completed and |
delivered to the Director or his designee. |
The notice shall contain: |
1. the nature of the violation; |
2. the action needed to abate the violation, including |
any appropriate remedial measures to prevent future |
violation such as replacement, repair, testing and |
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reworking a well and any appurtenances and equipment; |
3. the time within which the violation is to be |
abated; and |
4. any factors known to the person completing the |
notice of violation in aggravation or mitigation and the |
existence of any factors indicating that the permit should |
be conditioned or modified. |
Upon receipt of a notice of violation, the Director shall |
conduct his investigation and may affirm, vacate or modify the |
notice of violation. In determining whether to take actions in |
addition to remedial action necessary to abate a violation, |
the Director shall consider the person's or permittee's |
history of previous violations including violations at other |
locations and under other permits, the seriousness of the |
violation including any irreparable harm to the environment or |
damage to property, the degree of culpability of the person or |
permittee and the existence of any additional conditions or |
factors in aggravation or mitigation including information |
provided by the person or permittee. |
The Director shall serve the person or permittee with his |
decision at the conclusion of the investigation. Modification |
of the notice of violation may include: |
1. any different or additional remedial action |
required to abate the violation and the time within which |
the violation must be abated; |
2. the assessment of civil penalties not to exceed |
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$5,000 for each and every falsification or misstatement of |
information and civil penalties not to exceed $4,000 per |
and $1,000 a day for each and every act of violation not |
including a falsification or misstatement of information; |
3. probationary or permanent modification or |
conditions on the permit which may include special |
monitoring or reporting requirements; and |
4. revocation of the permit. |
The Director's decision shall provide that the person or |
permittee has the right to request a hearing. |
The Director's decision affirming, vacating or modifying |
the notice of violation shall be considered served when mailed |
by first class mail to the person or permittee at his last |
known address. |
A person or permittee shall have 30 days from the date of |
service of the Director's decision to request a hearing. If |
the Director's decision includes the assessment of a civil |
penalty, the person or permittee charged with the penalty |
shall pay the penalty in full or, if the person or permittee |
wishes to contest either the amount of the penalty or the fact |
of the violation, submit the assessed amount, with the request |
for a hearing, to be held in escrow. The filing of a request |
for a hearing shall not operate as a stay of the Director's |
decision. All civil penalties finally assessed and paid to the |
Department shall be deposited in the Underground Resources |
Conservation Enforcement Fund. |
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Any person who willfully or knowingly authorized, ordered, |
or carried out any violation cited in the Director's decision |
shall be subject to the same actions, including civil |
penalties, which may be imposed on the person or permittee |
under this Section. |
Upon receipt of a request, the Department shall provide an |
opportunity for a formal hearing upon not less than 5 days |
notice. The hearing shall be conducted by the Director or |
anyone designated by him for such purpose, and shall be |
located and conducted in accordance with the rules of the |
Department. Failure of the person or permittee to timely |
request a hearing or, if a civil penalty has been assessed, to |
timely tender the assessed civil penalty, shall constitute a |
waiver of all legal rights to contest the Director's decision, |
including the amount of any civil penalty. Within 30 days of |
the close of the hearing record or expiration of the time to |
request a hearing, the Department shall issue a final |
administrative order. |
If, at the expiration of the period of time originally |
fixed in the Director's decision or in any subsequent |
extension of time granted by the Department, the Department |
finds that the violation has not been abated, it may |
immediately order the cessation of operations or the portions |
thereof relevant to the violation. Such cessation order shall |
be served in the manner and within the time prescribed in |
Section 19.1 of this Act. |
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Pending the holding of any hearing or entry of a final |
administrative order under this Section, the person or |
permittee to whom the cessation order was issued may file a |
written request for temporary relief subject to the same terms |
and conditions as are provided for in Section 19.1 of this Act. |
If the Department finds that a person or permittee has |
failed to comply with a final administrative order, the |
Department may immediately order the cessation of operations |
or the portions thereof relevant to the final administrative |
order. Such cessation order shall be served in the manner and |
within the time prescribed in Section 19.1 of this Act. The |
Department shall commence a hearing within 5 days after |
issuance of a cessation order and shall conclude such hearing |
without appreciable delay. At the hearing the Department shall |
have the burden of proving that the person or permittee has not |
complied with the final administrative order. A cessation |
order issued under this paragraph shall continue in effect |
until modified, vacated, or terminated by the Department. |
The Department shall refuse to issue a permit or permits, |
and shall revoke any permit or permits previously issued if: |
(1) the applicant has falsified or otherwise misstated |
any information on or relative to the permit application; |
(2) the applicant has failed to abate a violation of |
the Act specified in a final administrative decision of |
the Department; |
(3) an officer, director, partner, or person with an |
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interest in the applicant exceeding 5% failed to abate a |
violation of the Act specified in a final administrative |
decision of the Department; or |
(4) the applicant is an officer, director, partner, or |
person with an interest exceeding 5% in another entity |
that has failed to abate a violation of the Act specified |
in a final administrative decision of the Department. |
(Source: P.A. 99-137, eff. 1-1-16.) |
(225 ILCS 725/8e) |
Sec. 8e. Temporary abandonment status fees. |
(a) The Department shall assess and collect annual fees of |
$100 per well for each well that is in temporary abandonment |
status. |
(b) All annual fees collected pursuant to subsection (a) |
shall be deposited into the Plugging and Restoration Fund, and |
one-half of all such deposited fees shall be used solely for |
the Landowner Grant Program. deposited as follows: (1) |
one-half of all such fees shall be placed in the Plugging and |
Restoration Fund; and (2) one-half of all such fees shall be |
placed in the Landowner Grant Program. |
(Source: P.A. 102-1017, eff. 1-1-23.) |
(225 ILCS 725/14) (from Ch. 96 1/2, par. 5420) |
Sec. 14. Each application for a permit to drill, deepen, |
convert, or amend shall be accompanied by the required fee of |
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$400. The fee for an application for a permit to oil lease road |
shall be $150. A fee of $75 for the first 100 wells and $50 for |
each well in excess of 100 shall be paid by the new owner for |
each transfer of well ownership. Except for the assessments |
required to be deposited in the Plugging and Restoration Fund |
under Section 19.7 of this Act and any other deposits required |
to be deposited in the Plugging and Restoration Fund under |
this Act, all fees assessed and collected under this Act shall |
be deposited in the Underground Resources Conservation |
Enforcement Fund. The moneys monies deposited into the |
Plugging and Restoration Fund or the Underground Resources |
Conservation Enforcement Fund under this Section or deposited |
into the Plugging and Restoration Fund under Section 26 shall |
not be subject to administrative charges or chargebacks unless |
otherwise authorized by this Act. |
On and after July 1, 2022, any fees that are created by or |
increased by this amendatory Act of the 102nd General Assembly |
in this Section shall be deposited into the Plugging and |
Restoration Fund. |
(Source: P.A. 102-1017, eff. 1-1-23.) |
(225 ILCS 725/26) (from Ch. 96 1/2, par. 5456) |
Sec. 26. (a) Any person who violates any provision of this |
Act or any valid rule, regulation, permit or order of the |
Department made hereunder, or who repeats or continues the |
violation thereof, shall be subject to a civil penalty not to |
|
exceed: |
(1) $1,000 a day for each and every act of violation |
lasting 90 days or less. |
(2) $2,000 a day for any violation lasting more than |
90 days but less than 180 days. |
(3) $4,000 a day for any violation lasting 180 days or |
more. |
Any civil penalties that are assessed in excess of $1,000 |
per day shall be deposited into the Plugging and Restoration |
Fund. |
Civil penalties may not be assessed until notice has been |
sent to the permittee. Such notice may be sent electronically |
at the time the notice of violation is sent to the Springfield |
office of the Department. |
A permittee may notify the Department if an extraordinary |
circumstance prevents abatement of a violation for which civil |
penalties are sought to be assessed against the permittee. If |
the permittee notifies the Department, the permittee shall |
then provide evidence of the extraordinary circumstance to the |
Department, as set forth by rule. The assessment of a civil |
penalty shall not begin until the extraordinary circumstance |
terminates, as set forth by rule. The process to declare an |
extraordinary circumstance, the Department's review and |
approval of the extraordinary circumstance, and any appeal of |
the Department's determination shall be set by rule. An |
extraordinary circumstance shall include, but not be limited |
|
to, roads being posted with a weight limit that prevents the |
movement of equipment, wet field conditions that prevent |
mitigation activities, or flooding that prevents the movement |
of equipment for the abatement. |
(b) Any person willfully wilfully aiding or abetting any |
other person in the violation of any provision of this Act, or |
any rule, regulation and order made hereunder, shall be |
subject to the same penalties as are prescribed herein for the |
violation by such other person. |
(Source: P.A. 85-1334.) |