Section 240.1890  Sole Source Aquifer:  Inspection Fees for Underground Natural Gas Storage Fields

a)         The Department will conduct annual inspections at all gas storage fields lying on the footprint of a Sole Source Aquifer designated as such in 2015 by USEPA in the State to ensure that there are no infrastructure deficiencies or failures that could pose any harm to public health.  The owner of the gas storage field shall cover the costs of the annual inspection.  (Section 7.6 of the Illinois Oil and Gas Act.)

b)         Beginning on January 1, 2019, the Department will assess an inspection fee during each fiscal year for the  total costs incurred by the Department to perform annual inspections of all wells permitted under the Act and this Section, present at an underground natural gas storage facility located within the footprint of a Sole Source Aquifer, including wells reported to be transferred pursuant to Subpart N but not yet approved for transfer by the Department.  The permittee for each well is responsible for paying the full assessed amount.

c)         Assessment of Inspection Fees

1)         No later than December 31, 2019, the Department will calculate the applicable Department inspection fees incurred by the permittee during the period of January 1, 2019 through June 30, 2019 and issue that assessment to the permittee.

2)         For the fiscal year beginning on July 1, 2019 and for every fiscal year thereafter, no later than December 31, the Department will calculate the applicable annual inspection fees incurred by the permittee during the preceding fiscal year and issue the assessment to the permittee.

d)         Liability for assessed inspection fees does not cease until full payment is received by the Department.

e)         If a permittee fee check is returned due to insufficient funds or because payment was stopped, the permittee is required to repay fees for that fiscal year by cashier's check or money order.

f)         All fees collected under this Subpart shall be deposited into the Department's Underground Resources Conservation Enforcement Fund.

(Source:  Added at 43 Ill. Reg. 11524, effective September 24, 2019)