Rep. Lawrence Walsh, Jr.

Filed: 3/23/2022

 

 


 

 


 
10200SB3626ham002LRB102 22745 AMQ 37880 a

1
AMENDMENT TO SENATE BILL 3626

2    AMENDMENT NO. ______. Amend Senate Bill 3626 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Solid Waste Site Operator Certification
5Law is amended by changing Sections 1004, 1005, 1006, 1007,
61009, 1010, and 1011 as follows:
 
7    (225 ILCS 230/1004)  (from Ch. 111, par. 7854)
8    Sec. 1004. Prohibition. Beginning January 1, 1992, no
9person shall cause or allow the operation of a landfill
10permitted or required to be permitted by the Agency unless the
11landfill has on its operational staff at least one natural
12person certified as competent by the Agency under the
13provisions of this Act.
14    (a) For landfill sites which accept non-hazardous solid
15waste other than clean construction or demolition debris, the
16landfill shall have a Class A Solid Waste Site Operator

 

 

10200SB3626ham002- 2 -LRB102 22745 AMQ 37880 a

1certified by the Agency who is responsible for directing
2landfill operations or supervising other operational staff in
3performing landfill operations.
4    (b) (Blank). For landfill sites which accept only clean
5construction or demolition debris, the landfill shall have a
6Class A or B Solid Waste Site Operator certified by the Agency
7who is responsible for directing landfill operations or
8supervising other operational staff in performing landfill
9operations.
10    (c) For landfill sites which accept special waste, the
11landfill shall have a Class A Solid Waste Site Operator
12certified by the Agency who has received a certification
13endorsement for the acceptance of special waste and who is
14responsible for directing landfill operations or supervising
15other operational staff in performing landfill operations.
16(Source: P.A. 86-1363.)
 
17    (225 ILCS 230/1005)  (from Ch. 111, par. 7855)
18    Sec. 1005. Agency authority. The Agency is authorized to
19exercise the following functions, powers and duties with
20respect to solid waste site operator certification:
21        (a) To conduct examinations, as well as to approve the
22    use of examinations conducted by third parties, to
23    ascertain the qualifications of applicants for
24    certificates of competency as solid waste site operators;
25        (b) To conduct courses of training on the practical

 

 

10200SB3626ham002- 3 -LRB102 22745 AMQ 37880 a

1    aspects of the design, operation and maintenance of
2    sanitary landfills;
3        (c) To issue a certificate to any applicant who has
4    satisfactorily met all the requirements pertaining to a
5    certificate of competency as a solid waste site operator;
6        (d) To suspend, revoke or refuse to issue any
7    certificate for any one or any combination of the
8    following causes:
9            (1) The practice of any fraud or deceit in
10        obtaining or attempting to obtain a certificate of
11        competency;
12            (2) Negligence or misconduct in the operation of a
13        sanitary landfill;
14            (3) Repeated failure to comply with any of the
15        requirements applicable to the operation of a sanitary
16        landfill, except for Board requirements applicable to
17        the collection of litter;
18            (4) Repeated violations of federal, State or local
19        laws, regulations, standards, or ordinances regarding
20        the operation of refuse disposal facilities or sites;
21            (5) For a holder of a certificate, conviction in
22        this or another State of any crime which is a felony
23        under the laws of this State or conviction of a felony
24        in a federal court; for an applicant, consideration of
25        such conviction shall be in accordance with Section
26        1005-1;

 

 

10200SB3626ham002- 4 -LRB102 22745 AMQ 37880 a

1            (6) Proof of gross carelessness or incompetence in
2        handling, storing, processing, transporting, or
3        disposing of any hazardous waste; or
4            (7) Being declared to be a person under a legal
5        disability by a court of competent jurisdiction and
6        not thereafter having been lawfully declared to be a
7        person not under legal disability or to have
8        recovered.
9        (e) To adopt rules necessary to perform its functions,
10    powers, and duties with respect to solid waste site
11    operator certifications.
12(Source: P.A. 100-286, eff. 1-1-18.)
 
13    (225 ILCS 230/1006)  (from Ch. 111, par. 7856)
14    Sec. 1006. Certification classifications. Solid Waste Site
15Operators shall be certified in accordance with the following
16classifications:
17    (a) Class "A" Solid Waste Site Operator certificates shall
18be issued to those persons who in accordance with the
19provisions of this Section demonstrate a practical working
20knowledge of the design, operation, and maintenance of
21sanitary landfills in the following areas:
22        (1) unloading, spreading, and compacting of waste,
23    litter collection, and vector abatement;
24        (2) traffic control of vehicles delivering waste;
25        (3) application, maintenance, and inspection of cover

 

 

10200SB3626ham002- 5 -LRB102 22745 AMQ 37880 a

1    and cover requirements under Board rules and Agency
2    permits;
3        (4) fire control, on-site personnel safety
4    requirements, and contingency plan implementation;
5        (5) leachate control operation, leachate management,
6    and landfill gas management;
7        (6) identification of classes of waste;
8        (7) causes for revocation or suspension of
9    certificates;
10        (8) reporting and recordkeeping required by Board and
11    Agency regulations and Agency permits;
12        (9) financial assurance and groundwater monitoring
13    requirements;
14        (10) development and implementation of contingency
15    plans, closure plans, post closure plans, and corrective
16    action; and
17        (11) requirements for payment of fees.
18    (b) (Blank). Class "B" Solid Waste Operator Certificates
19shall be issued to those persons who demonstrate a practical
20working knowledge of the design, operation, and maintenance of
21landfill sites accepting only clean construction or demolition
22debris in the following areas:
23        (1) unloading and spreading of waste;
24        (2) traffic control of vehicles delivering waste;
25        (3) application, maintenance, and inspection of cover
26    and cover requirement under Board rules and Agency

 

 

10200SB3626ham002- 6 -LRB102 22745 AMQ 37880 a

1    permits;
2        (4) fire control, on-site personnel safety segments
3    and contingency plan implementation;
4        (5) leachate control operation and leachate
5    management;
6        (6) identification of classes of waste;
7        (7) causes for revocation or suspension of
8    certificates;
9        (8) reporting and recordkeeping required by Board and
10    Agency regulations and Agency permits;
11        (9) financial assurance and groundwater requirements;
12    and
13        (10) development and implementation of contingency
14    plans, closure plans, post closure plans, and corrective
15    action.
16    (c) Special waste certificate endorsements shall be issued
17to those persons who are certified as Class A Solid Waste Site
18Operators in accordance with the provisions of this Section,
19and who demonstrate a practical working knowledge of the
20design, operation, and maintenance of sanitary landfills
21relative to the acceptance and disposal of special wastes.
22(Source: P.A. 86-1363.)
 
23    (225 ILCS 230/1007)  (from Ch. 111, par. 7857)
24    Sec. 1007. Qualifications. Every solid waste site operator
25certified by the Agency shall be capable of performing his

 

 

10200SB3626ham002- 7 -LRB102 22745 AMQ 37880 a

1duties without endangering the public health or the
2environment and without violating the requirements applicable
3to operation of sanitary landfills; shall be able to read and
4write English; shall produce evidence acceptable to the Agency
5as to his ability to maintain and operate properly the
6structures and equipment entrusted to his care; and shall
7satisfactorily demonstrate to the Agency a practical working
8knowledge of the design, operation, and maintenance of
9sanitary landfills appropriate to the classification for which
10certification is sought. In addition, persons shall be
11certified as Class "A" or Class "B" based on level of
12competency determined by examination and in accordance with
13educational and experience levels as follows:
14    (a) Class "A" Certificates.
15        (1) Graduation from high school or equivalent and not
16    less than 2 years of acceptable study, training, and
17    responsible experience in sanitary landfill operation or
18    management, or not less than 7 years of acceptable study
19    training and responsible experience in operation or
20    management of earth moving equipment; or
21        (2) Grammar school completion or equivalent and not
22    less than 15 years of acceptable study, training, and
23    responsible experience in sanitary landfill operation or
24    management.
25    (b) Class "B" Certificates.
26        (1) Graduation from high school or equivalent and not

 

 

10200SB3626ham002- 8 -LRB102 22745 AMQ 37880 a

1    less than 6 months of acceptable study, training, and
2    responsible experience in sanitary landfill operation or
3    management, or not less than 3 years of acceptable study
4    training and responsible experience in operation or
5    management of earth moving equipment; or
6        (2) Grammar school completion or equivalent and not
7    less than 5 years of acceptable study, training, and
8    responsible experience in sanitary landfill operation or
9    management.
10(Source: P.A. 86-1363.)
 
11    (225 ILCS 230/1009)  (from Ch. 111, par. 7859)
12    Sec. 1009. Examinations.
13    (a) Applicants shall undergo examinations Examinations
14provided or approved by the Agency shall be given to
15applicants for the purpose of determining if the applicants
16can demonstrate a practical working knowledge of the design,
17operation, and maintenance of sanitary landfills appropriate
18to the classification for which certification is sought. No
19certificate shall be issued prior to successful completion of
20the applicable examination.
21    (b) Examinations shall be conducted or approved by the
22Agency, and shall be held not less frequently than annually.
23The Agency shall maintain on its website information regarding
24the examinations , at times and places prescribed by the
25Agency, of which applicants shall be notified in writing.

 

 

10200SB3626ham002- 9 -LRB102 22745 AMQ 37880 a

1(Source: P.A. 86-1363.)
 
2    (225 ILCS 230/1010)  (from Ch. 111, par. 7860)
3    Sec. 1010. Certificates.
4    (a) The Solid Waste Site Operator Certificate shall
5certify the competency of the applicant within the class of
6the certificate issued, and shall show the full name of the
7applicant, have an identifying number, and be signed by the
8Director.
9    (b) Certificates shall be issued for a period of 3 years,
10with the expiration date being 3 years from the first day of
11October of the calendar year in which the certificate is
12issued.
13    (c) Every 3 years, on or before the October 1 expiration, a
14certified solid waste site operator shall renew his
15certificate of competency and pay the required renewal fee. A
16grace period for renewal will be granted until November 1 of
17that year before the reinstatement penalty is assessed.
18    (d) At the time of certificate renewal, the applicant
19shall certify the completion of 15 hours of continuing
20education covering the operation of landfills during the
21preceding 3 years. Continuing education used to satisfy this
22subsection must be approved by the Agency and must cover the
23design, operation, and maintenance of sanitary landfills as
24set forth in Section 1006 of this Act, and for certificates
25that include a special waste endorsement, continuing education

 

 

10200SB3626ham002- 10 -LRB102 22745 AMQ 37880 a

1must cover the operation of landfills relative to the
2acceptance and disposal of special wastes demonstrate
3competency in the same manner as a new applicant.
4(Source: P.A. 86-1363.)
 
5    (225 ILCS 230/1011)  (from Ch. 111, par. 7861)
6    Sec. 1011. Fees.
7    (a) Fees for the issuance or renewal of a Solid Waste Site
8Operator Certificate shall be as follows:
9        (1)(A) $400 for issuance or renewal for Class A Solid
10    Waste Site Operators;
11        (B) (blank); and $200 for issuance or renewal for
12    Class B Solid Waste Site Operators; and
13        (C) $100 for issuance or renewal for special waste
14    endorsements.
15    (2) If the fee for renewal is not paid within the grace
16period the above fees for renewal shall each be increased by $
1750.
18    (b) (Blank). Before the effective date of this amendatory
19Act of the 98th General Assembly, all fees collected by the
20Agency under this Section shall be deposited into the
21Hazardous Waste Occupational Licensing Fund. The Agency is
22authorized to use monies in the Hazardous Waste Occupational
23Licensing Fund to perform its functions, powers, and duties
24under this Section.
25    (c) All On and after the effective date of this amendatory

 

 

10200SB3626ham002- 11 -LRB102 22745 AMQ 37880 a

1Act of the 98th General Assembly, all fees collected by the
2Agency under this Section shall be deposited into the
3Environmental Protection Permit and Inspection Fund to be used
4in accordance with the provisions of subsection (a) of Section
522.8 of the Environmental Protection Act.
6(Source: P.A. 98-692, eff. 7-1-14; 98-822, eff. 8-1-14.)
 
7    Section 10. The Illinois Oil and Gas Act is amended by
8changing Sections 1, 8c, 14, and 19.7 and by adding Section 8e
9as follows:
 
10    (225 ILCS 725/1)  (from Ch. 96 1/2, par. 5401)
11    Sec. 1. Unless the context otherwise requires, the words
12defined in this Section have the following meanings as used in
13this Act.
14    "Person" means any natural person, corporation,
15association, partnership, governmental agency or other legal
16entity, receiver, trustee, guardian, executor, administrator,
17fiduciary or representative of any kind.
18    "Oil" means natural crude oil or petroleum and other
19hydrocarbons, regardless of gravity, which are produced at the
20well in liquid form by ordinary production methods or by the
21use of an oil and gas separator and which are not the result of
22condensation of gas after it leaves the underground reservoir.
23    "Gas" means all natural gas, including casinghead gas, and
24all other natural hydrocarbons not defined above as oil.

 

 

10200SB3626ham002- 12 -LRB102 22745 AMQ 37880 a

1    "Pool" means a natural, underground reservoir containing
2in whole or in part, a natural accumulation of oil or gas, or
3both. Each productive zone or stratum of a general structure,
4which is completely separated from any other zone or stratum
5in the structure, is deemed a separate "pool" as used herein.
6    "Field" means the same general surface area which is
7underlaid or appears to be underlaid by one or more pools.
8    "Permit" means the Department's written authorization
9allowing a well to be drilled, deepened, converted, or
10operated by an owner.
11    "Permittee" means the owner holding or required to hold
12the permit, and who is also responsible for paying assessments
13in accordance with Section 19.7 of this Act and, where
14applicable, executing and filing the bond associated with the
15well as principal and who is responsible for compliance with
16all statutory and regulatory requirements pertaining to the
17well.
18    When the right and responsibility for operating a well is
19vested in a receiver or trustee appointed by a court of
20competent jurisdiction, the permit shall be issued to the
21receiver or trustee.
22    "Orphan Well" means a well for which: (1) no fee
23assessment under Section 19.7 of this Act has been paid or no
24other bond coverage has been provided for 2 consecutive years;
25(2) no oil or gas has been produced from the well or from the
26lease or unit on which the well is located for 2 consecutive

 

 

10200SB3626ham002- 13 -LRB102 22745 AMQ 37880 a

1years; and (3) no permittee or owner can be identified or
2located by the Department. Orphaned wells include wells that
3may have been drilled for purposes other than those for which a
4permit is required under this Act if the well is a conduit for
5oil or salt water intrusions into fresh water zones or onto the
6surface which may be caused by oil and gas operations.
7    "Owner" means the person who has the right to drill into
8and produce from any pool, and to appropriate the production
9either for the person or for the person and another, or others,
10or solely for others, excluding the mineral owner's royalty if
11the right to drill and produce has been granted under an oil
12and gas lease. An owner may also be a person granted the right
13to drill and operate an injection (Class II UIC) well
14independent of the right to drill for and produce oil or gas.
15When the right to drill, produce, and appropriate production
16is held by more than one person, then all persons holding these
17rights may designate the owner by a written operating
18agreement or similar written agreement. In the absence of such
19an agreement, and subject to the provisions of Sections 22.2
20and 23.1 through 23.16 of this Act, the owner shall be the
21person designated in writing by a majority in interest of the
22persons holding these rights.
23    "Department" means the Department of Natural Resources.
24    "Director" means the Director of Natural Resources.
25    "Mining Board" means the State Mining Board in the
26Department of Natural Resources, Office of Mines and Minerals.

 

 

10200SB3626ham002- 14 -LRB102 22745 AMQ 37880 a

1    "Mineral Owner's Royalty" means the share of oil and gas
2production reserved in an oil and gas lease free of all costs
3by an owner of the minerals whether denominated royalty or
4overriding royalty.
5    "Waste" means "physical waste" as that term is generally
6understood in the oil and gas industry, and further includes:
7        (1) the locating, drilling, and producing of any oil
8    or gas well or wells drilled contrary to the valid order,
9    rules and regulations adopted by the Department under the
10    provisions of this Act;
11        (2) permitting the migration of oil, gas, or water
12    from the stratum in which it is found, into other strata,
13    thereby ultimately resulting in the loss of recoverable
14    oil, gas or both;
15        (3) the drowning with water of any stratum or part
16    thereof capable of producing oil or gas, except for
17    secondary recovery purposes;
18        (4) the unreasonable damage to underground, fresh or
19    mineral water supply, workable coal seams, or other
20    mineral deposits in the operations for the discovery,
21    development, production, or handling of oil and gas;
22        (5) the unnecessary or excessive surface loss or
23    destruction of oil or gas resulting from evaporation,
24    seepage, leakage or fire, especially such loss or
25    destruction incident to or resulting from the escape of
26    gas into the open air in excessive or unreasonable

 

 

10200SB3626ham002- 15 -LRB102 22745 AMQ 37880 a

1    amounts, provided, however, it shall not be unlawful for
2    the operator or owner of any well producing both oil and
3    gas to burn such gas in flares when such gas is, under the
4    other provisions of this Act, lawfully produced, and where
5    there is no market at the well for such escaping gas; and
6    where the same is used for the extraction of casinghead
7    gas, it shall not be unlawful for the operator of the plant
8    after the process of extraction is completed, to burn such
9    residue in flares when there is no market at such plant for
10    such residue gas;
11        (6) permitting unnecessary fire hazards;
12        (7) permitting unnecessary damage to or destruction of
13    the surface, soil, animal, fish or aquatic life or
14    property from oil or gas operations.
15    "Drilling Unit" means the surface area allocated by an
16order or regulation of the Department to the drilling of a
17single well for the production of oil or gas from an individual
18pool.
19    "Enhanced Recovery Method" means any method used in an
20effort to recover hydrocarbons from a pool by injection of
21fluids, gases or other substances to maintain, restore or
22augment natural reservoir energy, or by introducing immiscible
23or miscible gases, chemicals, other substances or heat or by
24in-situ combustion, or by any combination thereof.
25    "Well-Site Equipment" means any production-related
26equipment or materials specific to the well, including motors,

 

 

10200SB3626ham002- 16 -LRB102 22745 AMQ 37880 a

1pumps, pump jacks, tanks, tank batteries, separators,
2compressors, casing, tubing, and rods.
3    "Temporary abandonment status" means a well that has
4received an authorization for temporary abandonment status
5from the Department.
6(Source: P.A. 99-78, eff. 7-20-15.)
 
7    (225 ILCS 725/8c)  (from Ch. 96 1/2, par. 5414.1)
8    Sec. 8c. (a) No person shall operate a liquid oil field
9waste transportation system without a liquid oil field waste
10transportation permit. The liquid oil field waste transporter
11assumes legal responsibility for the liquid oil field waste
12when it first enters the liquid oil field waste transportation
13system, until it is disposed of in a manner authorized and
14approved by the Department.
15    (b) No person shall engage, employ or contract with any
16other person except a permittee under this Section, to remove
17liquid oil field waste from his premises.
18    (c) Every person who engages, employs or contracts with
19any other person to remove liquid oil field waste from his
20premises shall maintain detailed records of all such liquid
21oil field waste removal effectuated on forms provided by the
22Department and shall submit such information in such detail
23and with such frequency, as the Department may require.
24    (d) Before engaging in the business of removing liquid oil
25field waste from the on-site collection point, a person shall

 

 

10200SB3626ham002- 17 -LRB102 22745 AMQ 37880 a

1apply for and obtain a permit from the Department. The
2application shall be accompanied by a permit fee of $150 $100
3and by a surety bond covering the period and any renewal
4thereof for which the permit is issued by a surety company
5registered in the State, to indemnify the Department for the
6abatement of pollution of waters which result from any
7improper disposal of liquid oil field waste by the permittee.
8The bonds shall be $10,000. The Department shall be the
9obligee and the bond shall be for the benefit and purpose to
10indemnify the State for the elimination of harmful or nuisance
11conditions and for the abatement of any pollution of waters
12which result from the improper disposal of liquid oil field
13waste by the permittee.
14    In lieu of the surety bond, the applicant may provide
15cash, certificates of deposit, or irrevocable letters of
16credit under such terms and conditions as the Department may
17provide by rule.
18    The surety of any bond posted for the issuance of a liquid
19oil field waste transportation permit, upon 30 days notice in
20writing to the Department and to the permittee, may cancel any
21such bond, but such cancellation shall not affect any rights
22which shall have accrued on the bond before the effective date
23of the cancellation.
24    (e) If the Department, after such investigation as it
25deems necessary, is satisfied that the applicant has the
26qualifications, experience, reputation, and equipment to

 

 

10200SB3626ham002- 18 -LRB102 22745 AMQ 37880 a

1perform the services in a manner not detrimental to the public
2interest, in a way that will not cause unlawful pollution of
3the waters of the State and meets the bonding requirements of
4subsection (d), it shall issue a permit to the applicant.
5    (f) (1) All trucks or other vehicles used to transport or
6    carry liquid oil field waste shall carry a permit issued
7    by the Department for inspection by its representative or
8    any law enforcement agent. The application for the vehicle
9    permit shall state the make, model and year of the vehicle
10    as well as the capacity of the tank used in transporting
11    liquid oil field waste and such other information as the
12    Department requires. Each application shall be accompanied
13    by a biennial permit fee of $150 $100 for each vehicle
14    sought to be licensed, payable to the State, and if the
15    Department, after such investigation as it deems
16    necessary, finds the truck or vehicle and equipment is
17    proper and adequate for the purpose, it shall issue a
18    permit for the use of the vehicle. The permit is not
19    transferable from one vehicle to another. The vehicle
20    permit number shall be printed on a decal furnished by the
21    Department which shall designate the years for which the
22    permit was issued. This decal shall be affixed to the
23    upper right hand corner of the inside of the windshield.
24        (2) All vehicle permits shall be valid for 2 years.
25    Application for renewal of a permit must be made 30 days
26    prior to the expiration date of the permit. The fee for

 

 

10200SB3626ham002- 19 -LRB102 22745 AMQ 37880 a

1    renewal shall be the same as for the original permit.
2    (g) (1) The tank shall be kept tightly closed in transit,
3    to prevent the escape of contents.
4        (2) The permittee shall dispose of all liquid oil
5    field waste in conformance with the provisions of this
6    Section.
7        (3) The permittee shall not dispose of liquid oil
8    field waste onto or into the ground except at locations
9    specifically approved and permitted by the Department. No
10    liquid oil field waste shall be placed in a location where
11    it could enter any public or private drain, pond, stream
12    or other body of surface or ground water.
13    (h) Any person who violates or refuses to comply with any
14of the provisions of this Section shall be subject to the
15provisions of Sections 8a and 19.1 of this Act. In addition,
16any person who gathers, handles, transports, or disposes of
17liquid oil field waste without a liquid oil field waste
18transportation permit or utilizes the services of an
19unpermitted person shall upon conviction thereof by a court of
20competent jurisdiction be fined not less than $2,000 for a
21violation and costs of prosecution, and in default of payment
22of fine and costs, imprisoned for not less than 10 days nor
23more than 30 days. When the violation is of a continuing
24nature, each day upon which a violation occurs is a separate
25offense.
26    (i) For the purposes of this Section:

 

 

10200SB3626ham002- 20 -LRB102 22745 AMQ 37880 a

1        (1) "Liquid oil field waste" means oil field brines,
2    tank and pit bottom sediments, and drilling and completion
3    fluids, to the extent those wastes are now or hereafter
4    exempt from the provisions of Subtitle C of the federal
5    Resource Conservation and Recovery Act of 1976.
6        (2) "Liquid oil field waste transportation system"
7    means all trucks and other motor vehicles used to gather,
8    handle or transport liquid oil field waste from the point
9    of any surface on-site collection to any subsequent
10    off-site storage, utilization or disposal.
11(Source: P.A. 87-744.)
 
12    (225 ILCS 725/8e new)
13    Sec. 8e. Temporary abandonment status fees.
14    (a) The Department shall assess and collect annual fees of
15$100 per well for each well that is in temporary abandonment
16status.
17    (b) All annual fees collected pursuant to subsection (a)
18shall be deposited as follows:
19        (1) one-half of all such fees shall be placed in the
20    Plugging and Restoration Fund; and
21        (2) one-half of all such fees shall be placed in the
22    Landowner Grant Program.
 
23    (225 ILCS 725/14)  (from Ch. 96 1/2, par. 5420)
24    Sec. 14. Each application for a permit to drill, deepen,

 

 

10200SB3626ham002- 21 -LRB102 22745 AMQ 37880 a

1convert, or amend shall be accompanied by the required fee of
2$400 , not to exceed $300, which the Department shall establish
3by rule. The fee for an application for a permit to oil lease
4road shall be $150. A fee of $75 for the first 100 wells and
5$50 for each well in excess of 100 of $50 per well shall be
6paid by the new owner for each transfer of well ownership.
7Except for the assessments required to be deposited in the
8Plugging and Restoration Fund under Section 19.7 of this Act
9and any other deposits required to be deposited in the
10Plugging and Restoration Fund under this Act, all fees
11assessed and collected under this Act shall be deposited in
12the Underground Resources Conservation Enforcement Fund. The
13monies deposited into the Plugging and Restoration Fund or the
14Underground Resources Conservation Enforcement Fund under this
15Section shall not be subject to administrative charges or
16chargebacks unless otherwise authorized by this Act.
17    On and after July 1, 2022, any fees that are created by or
18increased by this amendatory Act of the 102nd General Assembly
19in this Section shall be deposited into the Plugging and
20Restoration Fund.
21(Source: P.A. 97-1136, eff. 1-1-13.)
 
22    (225 ILCS 725/19.7)  (from Ch. 96 1/2, par. 5430.2)
23    Sec. 19.7. The Department shall assess and collect annual
24well fees from each permittee in the amount of $100 $75 per
25well for the first 100 wells and a $75 $50 fee for each well in

 

 

10200SB3626ham002- 22 -LRB102 22745 AMQ 37880 a

1excess of 100 for which a permit is required under this Act.
2    Fees shall be assessed for each calendar year commencing
3in 1991 for all wells of record as of July 1, 1991 and July 1
4of each year thereafter. The fees assessed by the Department
5under this Section are in addition to any other fees required
6by law. All fees assessed under this Section shall be
7submitted to the Department no later than 30 days from the date
8listed on the annual fee assessment letter sent to the
9permittee. Of the fees assessed and collected by the
10Department each year under this Section, 50% shall be
11deposited into the Underground Resources Conservation
12Enforcement Fund, and 50% shall be deposited into the Plugging
13and Restoration Fund unless, total fees assessed and collected
14for any calendar year exceed $1,500,000; then, $750,000 shall
15be deposited into the Underground Resources Conservation
16Enforcement Fund and the balance of the fees assessed and
17collected shall be deposited into the Plugging and Restoration
18Fund. Upon request of the Department to the Comptroller and
19Treasurer, the Comptroller and Treasurer shall make any
20interfund transfers necessary to effect the allocations
21required by this Section.
22    The monies deposited into the Plugging and Restoration
23Fund or the Underground Resources Conservation Enforcement
24Fund under this Section shall not be subject to administrative
25charges or chargebacks unless otherwise authorized by this
26Act.

 

 

10200SB3626ham002- 23 -LRB102 22745 AMQ 37880 a

1(Source: P.A. 97-1136, eff. 1-1-13.)".