Illinois General Assembly - Full Text of SB3626
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Full Text of SB3626  102nd General Assembly

SB3626enr 102ND GENERAL ASSEMBLY

  
  
  

 


 
SB3626 EnrolledLRB102 22745 SPS 31891 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 Solid Waste Site Operator Certification Law
5is amended by changing Sections 1004, 1005, 1006, 1007, 1009,
61010, 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
17certified by the Agency who is responsible for directing
18landfill operations or supervising other operational staff in
19performing landfill operations.
20    (b) (Blank). For landfill sites which accept only clean
21construction or demolition debris, the landfill shall have a
22Class A or B Solid Waste Site Operator certified by the Agency
23who is responsible for directing landfill operations or

 

 

SB3626 Enrolled- 2 -LRB102 22745 SPS 31891 b

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

 

 

SB3626 Enrolled- 3 -LRB102 22745 SPS 31891 b

1    following causes:
2            (1) The practice of any fraud or deceit in
3        obtaining or attempting to obtain a certificate of
4        competency;
5            (2) Negligence or misconduct in the operation of a
6        sanitary landfill;
7            (3) Repeated failure to comply with any of the
8        requirements applicable to the operation of a sanitary
9        landfill, except for Board requirements applicable to
10        the collection of litter;
11            (4) Repeated violations of federal, State or local
12        laws, regulations, standards, or ordinances regarding
13        the operation of refuse disposal facilities or sites;
14            (5) For a holder of a certificate, conviction in
15        this or another State of any crime which is a felony
16        under the laws of this State or conviction of a felony
17        in a federal court; for an applicant, consideration of
18        such conviction shall be in accordance with Section
19        1005-1;
20            (6) Proof of gross carelessness or incompetence in
21        handling, storing, processing, transporting, or
22        disposing of any hazardous waste; or
23            (7) Being declared to be a person under a legal
24        disability by a court of competent jurisdiction and
25        not thereafter having been lawfully declared to be a
26        person not under legal disability or to have

 

 

SB3626 Enrolled- 4 -LRB102 22745 SPS 31891 b

1        recovered.
2        (e) To adopt rules necessary to perform its functions,
3    powers, and duties with respect to solid waste site
4    operator certifications.
5(Source: P.A. 100-286, eff. 1-1-18.)
 
6    (225 ILCS 230/1006)  (from Ch. 111, par. 7856)
7    Sec. 1006. Certification classifications. Solid Waste Site
8Operators shall be certified in accordance with the following
9classifications:
10    (a) Class "A" Solid Waste Site Operator certificates shall
11be issued to those persons who in accordance with the
12provisions of this Section demonstrate a practical working
13knowledge of the design, operation, and maintenance of
14sanitary landfills in the following areas:
15        (1) unloading, spreading, and compacting of waste,
16    litter collection, and vector abatement;
17        (2) traffic control of vehicles delivering waste;
18        (3) application, maintenance, and inspection of cover
19    and cover requirements under Board rules and Agency
20    permits;
21        (4) fire control, on-site personnel safety
22    requirements, and contingency plan implementation;
23        (5) leachate control operation, leachate management,
24    and landfill gas management;
25        (6) identification of classes of waste;

 

 

SB3626 Enrolled- 5 -LRB102 22745 SPS 31891 b

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

 

 

SB3626 Enrolled- 6 -LRB102 22745 SPS 31891 b

1    certificates;
2        (8) reporting and recordkeeping required by Board and
3    Agency regulations and Agency permits;
4        (9) financial assurance and groundwater requirements;
5    and
6        (10) development and implementation of contingency
7    plans, closure plans, post closure plans, and corrective
8    action.
9    (c) Special waste certificate endorsements shall be issued
10to those persons who are certified as Class A Solid Waste Site
11Operators in accordance with the provisions of this Section,
12and who demonstrate a practical working knowledge of the
13design, operation, and maintenance of sanitary landfills
14relative to the acceptance and disposal of special wastes.
15(Source: P.A. 86-1363.)
 
16    (225 ILCS 230/1007)  (from Ch. 111, par. 7857)
17    Sec. 1007. Qualifications. Every solid waste site operator
18certified by the Agency shall be capable of performing his
19duties without endangering the public health or the
20environment and without violating the requirements applicable
21to operation of sanitary landfills; shall be able to read and
22write English; shall produce evidence acceptable to the Agency
23as to his ability to maintain and operate properly the
24structures and equipment entrusted to his care; and shall
25satisfactorily demonstrate to the Agency a practical working

 

 

SB3626 Enrolled- 7 -LRB102 22745 SPS 31891 b

1knowledge of the design, operation, and maintenance of
2sanitary landfills appropriate to the classification for which
3certification is sought. In addition, persons shall be
4certified as Class "A" or Class "B" based on level of
5competency determined by examination and in accordance with
6educational and experience levels as follows:
7    (a) Class "A" Certificates.
8        (1) Graduation from high school or equivalent and not
9    less than 2 years of acceptable study, training, and
10    responsible experience in sanitary landfill operation or
11    management, or not less than 7 years of acceptable study
12    training and responsible experience in operation or
13    management of earth moving equipment; or
14        (2) Grammar school completion or equivalent and not
15    less than 15 years of acceptable study, training, and
16    responsible experience in sanitary landfill operation or
17    management.
18    (b) Class "B" Certificates.
19        (1) Graduation from high school or equivalent and not
20    less than 6 months of acceptable study, training, and
21    responsible experience in sanitary landfill operation or
22    management, or not less than 3 years of acceptable study
23    training and responsible experience in operation or
24    management of earth moving equipment; or
25        (2) Grammar school completion or equivalent and not
26    less than 5 years of acceptable study, training, and

 

 

SB3626 Enrolled- 8 -LRB102 22745 SPS 31891 b

1    responsible experience in sanitary landfill operation or
2    management.
3(Source: P.A. 86-1363.)
 
4    (225 ILCS 230/1009)  (from Ch. 111, par. 7859)
5    Sec. 1009. Examinations.
6    (a) Applicants shall undergo examinations Examinations
7provided or approved by the Agency shall be given to
8applicants for the purpose of determining if the applicants
9can demonstrate a practical working knowledge of the design,
10operation, and maintenance of sanitary landfills appropriate
11to the classification for which certification is sought. No
12certificate shall be issued prior to successful completion of
13the applicable examination.
14    (b) Examinations shall be conducted or approved by the
15Agency, and shall be held not less frequently than annually.
16The Agency shall maintain on its website information regarding
17the examinations , at times and places prescribed by the
18Agency, of which applicants shall be notified in writing.
19(Source: P.A. 86-1363.)
 
20    (225 ILCS 230/1010)  (from Ch. 111, par. 7860)
21    Sec. 1010. Certificates.
22    (a) The Solid Waste Site Operator Certificate shall
23certify the competency of the applicant within the class of
24the certificate issued, and shall show the full name of the

 

 

SB3626 Enrolled- 9 -LRB102 22745 SPS 31891 b

1applicant, have an identifying number, and be signed by the
2Director.
3    (b) Certificates shall be issued for a period of 3 years,
4with the expiration date being 3 years from the first day of
5October of the calendar year in which the certificate is
6issued.
7    (c) Every 3 years, on or before the October 1 expiration, a
8certified solid waste site operator shall renew his
9certificate of competency and pay the required renewal fee. A
10grace period for renewal will be granted until November 1 of
11that year before the reinstatement penalty is assessed.
12    (d) At the time of certificate renewal, the applicant
13shall certify the completion of 15 hours of continuing
14education covering the operation of landfills during the
15preceding 3 years. Continuing education used to satisfy this
16subsection must be approved by the Agency and must cover the
17design, operation, and maintenance of sanitary landfills as
18set forth in Section 1006 of this Act, and for certificates
19that include a special waste endorsement, continuing education
20must cover the operation of landfills relative to the
21acceptance and disposal of special wastes demonstrate
22competency in the same manner as a new applicant.
23(Source: P.A. 86-1363.)
 
24    (225 ILCS 230/1011)  (from Ch. 111, par. 7861)
25    Sec. 1011. Fees.

 

 

SB3626 Enrolled- 10 -LRB102 22745 SPS 31891 b

1    (a) Fees for the issuance or renewal of a Solid Waste Site
2Operator Certificate shall be as follows:
3        (1)(A) $400 for issuance or renewal for Class A Solid
4    Waste Site Operators;
5        (B) (blank); and $200 for issuance or renewal for
6    Class B Solid Waste Site Operators; and
7        (C) $100 for issuance or renewal for special waste
8    endorsements.
9    (2) If the fee for renewal is not paid within the grace
10period the above fees for renewal shall each be increased by $
1150.
12    (b) (Blank). Before the effective date of this amendatory
13Act of the 98th General Assembly, all fees collected by the
14Agency under this Section shall be deposited into the
15Hazardous Waste Occupational Licensing Fund. The Agency is
16authorized to use monies in the Hazardous Waste Occupational
17Licensing Fund to perform its functions, powers, and duties
18under this Section.
19    (c) All On and after the effective date of this amendatory
20Act of the 98th General Assembly, all fees collected by the
21Agency under this Section shall be deposited into the
22Environmental Protection Permit and Inspection Fund to be used
23in accordance with the provisions of subsection (a) of Section
2422.8 of the Environmental Protection Act.
25(Source: P.A. 98-692, eff. 7-1-14; 98-822, eff. 8-1-14.)
 

 

 

SB3626 Enrolled- 11 -LRB102 22745 SPS 31891 b

1    Section 10. The Illinois Oil and Gas Act is amended by
2changing Sections 1, 8c, 14, and 19.7 and by adding Section 8e
3as follows:
 
4    (225 ILCS 725/1)  (from Ch. 96 1/2, par. 5401)
5    Sec. 1. Unless the context otherwise requires, the words
6defined in this Section have the following meanings as used in
7this Act.
8    "Person" means any natural person, corporation,
9association, partnership, governmental agency or other legal
10entity, receiver, trustee, guardian, executor, administrator,
11fiduciary or representative of any kind.
12    "Oil" means natural crude oil or petroleum and other
13hydrocarbons, regardless of gravity, which are produced at the
14well in liquid form by ordinary production methods or by the
15use of an oil and gas separator and which are not the result of
16condensation of gas after it leaves the underground reservoir.
17    "Gas" means all natural gas, including casinghead gas, and
18all other natural hydrocarbons not defined above as oil.
19    "Pool" means a natural, underground reservoir containing
20in whole or in part, a natural accumulation of oil or gas, or
21both. Each productive zone or stratum of a general structure,
22which is completely separated from any other zone or stratum
23in the structure, is deemed a separate "pool" as used herein.
24    "Field" means the same general surface area which is
25underlaid or appears to be underlaid by one or more pools.

 

 

SB3626 Enrolled- 12 -LRB102 22745 SPS 31891 b

1    "Permit" means the Department's written authorization
2allowing a well to be drilled, deepened, converted, or
3operated by an owner.
4    "Permittee" means the owner holding or required to hold
5the permit, and who is also responsible for paying assessments
6in accordance with Section 19.7 of this Act and, where
7applicable, executing and filing the bond associated with the
8well as principal and who is responsible for compliance with
9all statutory and regulatory requirements pertaining to the
10well.
11    When the right and responsibility for operating a well is
12vested in a receiver or trustee appointed by a court of
13competent jurisdiction, the permit shall be issued to the
14receiver or trustee.
15    "Orphan Well" means a well for which: (1) no fee
16assessment under Section 19.7 of this Act has been paid or no
17other bond coverage has been provided for 2 consecutive years;
18(2) no oil or gas has been produced from the well or from the
19lease or unit on which the well is located for 2 consecutive
20years; and (3) no permittee or owner can be identified or
21located by the Department. Orphaned wells include wells that
22may have been drilled for purposes other than those for which a
23permit is required under this Act if the well is a conduit for
24oil or salt water intrusions into fresh water zones or onto the
25surface which may be caused by oil and gas operations.
26    "Owner" means the person who has the right to drill into

 

 

SB3626 Enrolled- 13 -LRB102 22745 SPS 31891 b

1and produce from any pool, and to appropriate the production
2either for the person or for the person and another, or others,
3or solely for others, excluding the mineral owner's royalty if
4the right to drill and produce has been granted under an oil
5and gas lease. An owner may also be a person granted the right
6to drill and operate an injection (Class II UIC) well
7independent of the right to drill for and produce oil or gas.
8When the right to drill, produce, and appropriate production
9is held by more than one person, then all persons holding these
10rights may designate the owner by a written operating
11agreement or similar written agreement. In the absence of such
12an agreement, and subject to the provisions of Sections 22.2
13and 23.1 through 23.16 of this Act, the owner shall be the
14person designated in writing by a majority in interest of the
15persons holding these rights.
16    "Department" means the Department of Natural Resources.
17    "Director" means the Director of Natural Resources.
18    "Mining Board" means the State Mining Board in the
19Department of Natural Resources, Office of Mines and Minerals.
20    "Mineral Owner's Royalty" means the share of oil and gas
21production reserved in an oil and gas lease free of all costs
22by an owner of the minerals whether denominated royalty or
23overriding royalty.
24    "Waste" means "physical waste" as that term is generally
25understood in the oil and gas industry, and further includes:
26        (1) the locating, drilling, and producing of any oil

 

 

SB3626 Enrolled- 14 -LRB102 22745 SPS 31891 b

1    or gas well or wells drilled contrary to the valid order,
2    rules and regulations adopted by the Department under the
3    provisions of this Act;
4        (2) permitting the migration of oil, gas, or water
5    from the stratum in which it is found, into other strata,
6    thereby ultimately resulting in the loss of recoverable
7    oil, gas or both;
8        (3) the drowning with water of any stratum or part
9    thereof capable of producing oil or gas, except for
10    secondary recovery purposes;
11        (4) the unreasonable damage to underground, fresh or
12    mineral water supply, workable coal seams, or other
13    mineral deposits in the operations for the discovery,
14    development, production, or handling of oil and gas;
15        (5) the unnecessary or excessive surface loss or
16    destruction of oil or gas resulting from evaporation,
17    seepage, leakage or fire, especially such loss or
18    destruction incident to or resulting from the escape of
19    gas into the open air in excessive or unreasonable
20    amounts, provided, however, it shall not be unlawful for
21    the operator or owner of any well producing both oil and
22    gas to burn such gas in flares when such gas is, under the
23    other provisions of this Act, lawfully produced, and where
24    there is no market at the well for such escaping gas; and
25    where the same is used for the extraction of casinghead
26    gas, it shall not be unlawful for the operator of the plant

 

 

SB3626 Enrolled- 15 -LRB102 22745 SPS 31891 b

1    after the process of extraction is completed, to burn such
2    residue in flares when there is no market at such plant for
3    such residue gas;
4        (6) permitting unnecessary fire hazards;
5        (7) permitting unnecessary damage to or destruction of
6    the surface, soil, animal, fish or aquatic life or
7    property from oil or gas operations.
8    "Drilling Unit" means the surface area allocated by an
9order or regulation of the Department to the drilling of a
10single well for the production of oil or gas from an individual
11pool.
12    "Enhanced Recovery Method" means any method used in an
13effort to recover hydrocarbons from a pool by injection of
14fluids, gases or other substances to maintain, restore or
15augment natural reservoir energy, or by introducing immiscible
16or miscible gases, chemicals, other substances or heat or by
17in-situ combustion, or by any combination thereof.
18    "Well-Site Equipment" means any production-related
19equipment or materials specific to the well, including motors,
20pumps, pump jacks, tanks, tank batteries, separators,
21compressors, casing, tubing, and rods.
22    "Temporary abandonment status" means a well that has
23received an authorization for temporary abandonment status
24from the Department.
25(Source: P.A. 99-78, eff. 7-20-15.)
 

 

 

SB3626 Enrolled- 16 -LRB102 22745 SPS 31891 b

1    (225 ILCS 725/8c)  (from Ch. 96 1/2, par. 5414.1)
2    Sec. 8c. (a) No person shall operate a liquid oil field
3waste transportation system without a liquid oil field waste
4transportation permit. The liquid oil field waste transporter
5assumes legal responsibility for the liquid oil field waste
6when it first enters the liquid oil field waste transportation
7system, until it is disposed of in a manner authorized and
8approved by the Department.
9    (b) No person shall engage, employ or contract with any
10other person except a permittee under this Section, to remove
11liquid oil field waste from his premises.
12    (c) Every person who engages, employs or contracts with
13any other person to remove liquid oil field waste from his
14premises shall maintain detailed records of all such liquid
15oil field waste removal effectuated on forms provided by the
16Department and shall submit such information in such detail
17and with such frequency, as the Department may require.
18    (d) Before engaging in the business of removing liquid oil
19field waste from the on-site collection point, a person shall
20apply for and obtain a permit from the Department. The
21application shall be accompanied by a permit fee of $150 $100
22and by a surety bond covering the period and any renewal
23thereof for which the permit is issued by a surety company
24registered in the State, to indemnify the Department for the
25abatement of pollution of waters which result from any
26improper disposal of liquid oil field waste by the permittee.

 

 

SB3626 Enrolled- 17 -LRB102 22745 SPS 31891 b

1The bonds shall be $10,000. The Department shall be the
2obligee and the bond shall be for the benefit and purpose to
3indemnify the State for the elimination of harmful or nuisance
4conditions and for the abatement of any pollution of waters
5which result from the improper disposal of liquid oil field
6waste by the permittee.
7    In lieu of the surety bond, the applicant may provide
8cash, certificates of deposit, or irrevocable letters of
9credit under such terms and conditions as the Department may
10provide by rule.
11    The surety of any bond posted for the issuance of a liquid
12oil field waste transportation permit, upon 30 days notice in
13writing to the Department and to the permittee, may cancel any
14such bond, but such cancellation shall not affect any rights
15which shall have accrued on the bond before the effective date
16of the cancellation.
17    (e) If the Department, after such investigation as it
18deems necessary, is satisfied that the applicant has the
19qualifications, experience, reputation, and equipment to
20perform the services in a manner not detrimental to the public
21interest, in a way that will not cause unlawful pollution of
22the waters of the State and meets the bonding requirements of
23subsection (d), it shall issue a permit to the applicant.
24    (f) (1) All trucks or other vehicles used to transport or
25    carry liquid oil field waste shall carry a permit issued
26    by the Department for inspection by its representative or

 

 

SB3626 Enrolled- 18 -LRB102 22745 SPS 31891 b

1    any law enforcement agent. The application for the vehicle
2    permit shall state the make, model and year of the vehicle
3    as well as the capacity of the tank used in transporting
4    liquid oil field waste and such other information as the
5    Department requires. Each application shall be accompanied
6    by a biennial permit fee of $150 $100 for each vehicle
7    sought to be licensed, payable to the State, and if the
8    Department, after such investigation as it deems
9    necessary, finds the truck or vehicle and equipment is
10    proper and adequate for the purpose, it shall issue a
11    permit for the use of the vehicle. The permit is not
12    transferable from one vehicle to another. The vehicle
13    permit number shall be printed on a decal furnished by the
14    Department which shall designate the years for which the
15    permit was issued. This decal shall be affixed to the
16    upper right hand corner of the inside of the windshield.
17        (2) All vehicle permits shall be valid for 2 years.
18    Application for renewal of a permit must be made 30 days
19    prior to the expiration date of the permit. The fee for
20    renewal shall be the same as for the original permit.
21    (g) (1) The tank shall be kept tightly closed in transit,
22    to prevent the escape of contents.
23        (2) The permittee shall dispose of all liquid oil
24    field waste in conformance with the provisions of this
25    Section.
26        (3) The permittee shall not dispose of liquid oil

 

 

SB3626 Enrolled- 19 -LRB102 22745 SPS 31891 b

1    field waste onto or into the ground except at locations
2    specifically approved and permitted by the Department. No
3    liquid oil field waste shall be placed in a location where
4    it could enter any public or private drain, pond, stream
5    or other body of surface or ground water.
6    (h) Any person who violates or refuses to comply with any
7of the provisions of this Section shall be subject to the
8provisions of Sections 8a and 19.1 of this Act. In addition,
9any person who gathers, handles, transports, or disposes of
10liquid oil field waste without a liquid oil field waste
11transportation permit or utilizes the services of an
12unpermitted person shall upon conviction thereof by a court of
13competent jurisdiction be fined not less than $2,000 for a
14violation and costs of prosecution, and in default of payment
15of fine and costs, imprisoned for not less than 10 days nor
16more than 30 days. When the violation is of a continuing
17nature, each day upon which a violation occurs is a separate
18offense.
19    (i) For the purposes of this Section:
20        (1) "Liquid oil field waste" means oil field brines,
21    tank and pit bottom sediments, and drilling and completion
22    fluids, to the extent those wastes are now or hereafter
23    exempt from the provisions of Subtitle C of the federal
24    Resource Conservation and Recovery Act of 1976.
25        (2) "Liquid oil field waste transportation system"
26    means all trucks and other motor vehicles used to gather,

 

 

SB3626 Enrolled- 20 -LRB102 22745 SPS 31891 b

1    handle or transport liquid oil field waste from the point
2    of any surface on-site collection to any subsequent
3    off-site storage, utilization or disposal.
4(Source: P.A. 87-744.)
 
5    (225 ILCS 725/8e new)
6    Sec. 8e. Temporary abandonment status fees.
7    (a) The Department shall assess and collect annual fees of
8$100 per well for each well that is in temporary abandonment
9status.
10    (b) All annual fees collected pursuant to subsection (a)
11shall be deposited as follows:
12        (1) one-half of all such fees shall be placed in the
13    Plugging and Restoration Fund; and
14        (2) one-half of all such fees shall be placed in the
15    Landowner Grant Program.
 
16    (225 ILCS 725/14)  (from Ch. 96 1/2, par. 5420)
17    Sec. 14. Each application for a permit to drill, deepen,
18convert, or amend shall be accompanied by the required fee of
19$400 , not to exceed $300, which the Department shall establish
20by rule. The fee for an application for a permit to oil lease
21road shall be $150. A fee of $75 for the first 100 wells and
22$50 for each well in excess of 100 of $50 per well shall be
23paid by the new owner for each transfer of well ownership.
24Except for the assessments required to be deposited in the

 

 

SB3626 Enrolled- 21 -LRB102 22745 SPS 31891 b

1Plugging and Restoration Fund under Section 19.7 of this Act
2and any other deposits required to be deposited in the
3Plugging and Restoration Fund under this Act, all fees
4assessed and collected under this Act shall be deposited in
5the Underground Resources Conservation Enforcement Fund. The
6monies deposited into the Plugging and Restoration Fund or the
7Underground Resources Conservation Enforcement Fund under this
8Section shall not be subject to administrative charges or
9chargebacks unless otherwise authorized by this Act.
10    On and after July 1, 2022, any fees that are created by or
11increased by this amendatory Act of the 102nd General Assembly
12in this Section shall be deposited into the Plugging and
13Restoration Fund.
14(Source: P.A. 97-1136, eff. 1-1-13.)
 
15    (225 ILCS 725/19.7)  (from Ch. 96 1/2, par. 5430.2)
16    Sec. 19.7. The Department shall assess and collect annual
17well fees from each permittee in the amount of $100 $75 per
18well for the first 100 wells and a $75 $50 fee for each well in
19excess of 100 for which a permit is required under this Act.
20    Fees shall be assessed for each calendar year commencing
21in 1991 for all wells of record as of July 1, 1991 and July 1
22of each year thereafter. The fees assessed by the Department
23under this Section are in addition to any other fees required
24by law. All fees assessed under this Section shall be
25submitted to the Department no later than 30 days from the date

 

 

SB3626 Enrolled- 22 -LRB102 22745 SPS 31891 b

1listed on the annual fee assessment letter sent to the
2permittee. Of the fees assessed and collected by the
3Department each year under this Section, 50% shall be
4deposited into the Underground Resources Conservation
5Enforcement Fund, and 50% shall be deposited into the Plugging
6and Restoration Fund unless, total fees assessed and collected
7for any calendar year exceed $1,500,000; then, $750,000 shall
8be deposited into the Underground Resources Conservation
9Enforcement Fund and the balance of the fees assessed and
10collected shall be deposited into the Plugging and Restoration
11Fund. Upon request of the Department to the Comptroller and
12Treasurer, the Comptroller and Treasurer shall make any
13interfund transfers necessary to effect the allocations
14required by this Section.
15    The monies deposited into the Plugging and Restoration
16Fund or the Underground Resources Conservation Enforcement
17Fund under this Section shall not be subject to administrative
18charges or chargebacks unless otherwise authorized by this
19Act.
20(Source: P.A. 97-1136, eff. 1-1-13.)