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| 1 | AN ACT concerning drilling operations.
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| 2 | Be it enacted by the People of the State of Illinois,
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| 3 | represented in the General Assembly:
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| 4 | Section 5. The Drilling Operations Act is amended by | ||||||
| 5 | changing Section 4 and by adding Section 3.5 as follows: | ||||||
| 6 | (765 ILCS 530/3.5 new)
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| 7 | Sec. 3.5. Information pamphlet. The Department of Natural | ||||||
| 8 | Resources shall prepare an information pamphlet concerning a | ||||||
| 9 | property owner's rights relating to drilling operations and the | ||||||
| 10 | laws pertaining to those rights. The Department of Natural | ||||||
| 11 | Resources shall provide the drilling operator with a copy of | ||||||
| 12 | the pamphlet at the time that the operator is given a permit to | ||||||
| 13 | perform the drilling operations.
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| 14 | (765 ILCS 530/4) (from Ch. 96 1/2, par. 9654)
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| 15 | Sec. 4. Notice.
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| 16 | (a) Prior to commencement of the drilling of a well, the | ||||||
| 17 | operator shall
give written notice to the surface owner of the | ||||||
| 18 | operator's intent to commence
drilling operations. In addition | ||||||
| 19 | to the notice, the operator shall give the surface owner the | ||||||
| 20 | pamphlet prepared by the Department of Natural Resources | ||||||
| 21 | informing the owner of the law and the owner's rights | ||||||
| 22 | concerning the drilling operations.
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| 23 | (b) The operator shall, for the purpose of giving notice as | ||||||
| 24 | herein
required, secure from the assessor's office within 90 | ||||||
| 25 | days prior to the
giving of the notice, a certification which | ||||||
| 26 | shall identify the person in
whose name the lands on which | ||||||
| 27 | drilling operations are to be commenced and who
is assessed at | ||||||
| 28 | the time the certification is made. The written certification
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| 29 | made by the assessor of the surface owner shall be conclusive | ||||||
| 30 | evidence of
the surface ownership and of the operator's | ||||||
| 31 | compliance with the provisions of
this Act.
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| 1 | (c) The notice required to be given by the operator to the | ||||||
| 2 | surface owner
shall identify the following:
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| 3 | (1) The location of the proposed entry on the
surface | ||||||
| 4 | for drilling operations, and the date on or after which | ||||||
| 5 | drilling
operations shall be commenced.
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| 6 | (2) A photocopy of the drilling application to the | ||||||
| 7 | Department
of Natural Resources for
the well to be drilled.
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| 8 | (3) The name, address and telephone number of the | ||||||
| 9 | operator.
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| 10 | (4) An offer to discuss with the surface owner those | ||||||
| 11 | matters set forth
in Section 5 hereof prior to commencement | ||||||
| 12 | of drilling operations.
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| 13 | (5) If the surface owner elects to meet the operator, | ||||||
| 14 | the surface owner
shall request the operator to schedule a | ||||||
| 15 | meeting at a mutually agreed time
and place within the | ||||||
| 16 | limitations set forth herein. Failure of the surface
owner | ||||||
| 17 | to contact the operator at least 5 days prior to the | ||||||
| 18 | proposed
commencement of drilling operations shall be | ||||||
| 19 | conclusively deemed a waiver
of the right to meet by the | ||||||
| 20 | surface owner.
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| 21 | (6) The meeting shall be scheduled between the hours of | ||||||
| 22 | 9:00 in the
morning
and the setting of the sun of the same | ||||||
| 23 | day and shall be at least 3 days prior
to commencement of | ||||||
| 24 | drilling operations. Unless agreed to otherwise, the
place | ||||||
| 25 | shall be located within the county in which drilling | ||||||
| 26 | operations are
to be commenced where the operator or his | ||||||
| 27 | agent shall be available to
discuss with the surface owner | ||||||
| 28 | or his agent those matters set forth in Section
5 hereof.
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| 29 | (7) The notice herein required shall be given to the | ||||||
| 30 | surface owner by
either:
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| 31 | (A) certified mail addressed to the surface owner | ||||||
| 32 | at the address shown
in the certification obtained from | ||||||
| 33 | the assessor, which shall be postmarked
at least 10 | ||||||
| 34 | days prior to the commencement of drilling operations; | ||||||
| 35 | or
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| 36 | (B) personal delivery to the surface owner at least | ||||||
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| 1 | 8 days prior to the
commencement of drilling | ||||||
| 2 | operations.
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| 3 | (C) Notice to the surface owner as defined in this | ||||||
| 4 | Act shall be deemed
conclusive notice to the record | ||||||
| 5 | owners of all interest in the surface.
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| 6 | (Source: P.A. 89-445, eff. 2-7-96.)
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