Full Text of HB3215 99th General Assembly
HB3215 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 HB3215 Introduced , by Rep. Brandon W. Phelps SYNOPSIS AS INTRODUCED: |
|
225 ILCS 725/19.1 | from Ch. 96 1/2, par. 5426 |
|
Amends the Illinois Oil and Gas Act. In provisions concerning hearings with regard to a finding of the Department of Natural Resources' that a well has been abandoned or is
leaking salt water, oil, gas, or other deleterious substances into any fresh
water formation or onto the surface of the land in the vicinity of the
well, provides that the notice of hearing shall consist of written notice served to the permittee personally or by certified mail sent to the permittee's last known address. Provides that if the Department determines that the permittee resides or has gone out of this State or, on due inquiry, cannot be found or is concealed within the State so that process cannot be served upon him or her, the Department may cause publication to be made in some newspaper published in the county in which the well is located, and, if there is no newspaper published in that county, then the publication shall be in a newspaper published in the adjoining county in this State having a circulation in the county in which action is pending. Provides that, in addition, the Department may cause notice of hearing to be posted at the tank battery located on the lease containing the well at issue for at least 30 days prior to the scheduled date of the hearing. Requires the publication to contain notice of the pendency of the hearing, the name of the permittee, the name of the well, the names of the parties to be served by publication, and the date on or after which the default may be entered against the party. Requires that the Department also, within 10 days of the first publication of the notice of posting at the tank battery, send a copy of the publication by mail to the permittee's last known place of residence.
|
| |
| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
|
| | | HB3215 | | LRB099 11113 AMC 31532 b |
|
| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Oil and Gas Act is amended by | 5 | | changing Section 19.1 as follows:
| 6 | | (225 ILCS 725/19.1) (from Ch. 96 1/2, par. 5426)
| 7 | | Sec. 19.1.
If, after notice and an opportunity for a | 8 | | hearing, the
Department finds that a well drilled for the | 9 | | exploration, development, storage
or production of oil or gas, | 10 | | or as injection, salt water disposal, salt water
source,
| 11 | | observation, and geological or structure test has been | 12 | | abandoned or is
leaking salt water, oil, gas or other | 13 | | deleterious substances into any fresh
water formation or onto | 14 | | the surface of the land in the vicinity of the
well, the | 15 | | Department shall issue an order that the well be
properly | 16 | | plugged, replugged or repaired to remedy such situation. Notice | 17 | | under this Section shall consist of written notice served to | 18 | | the permittee personally or by certified mail sent to the | 19 | | permittee's last known address. If the Department determines | 20 | | that the permittee resides or has gone out of this State or, on | 21 | | due inquiry, cannot be found or is concealed within the State | 22 | | so that process cannot be served upon him or her, the | 23 | | Department may cause publication to be made in some newspaper |
| | | HB3215 | - 2 - | LRB099 11113 AMC 31532 b |
|
| 1 | | published in the county in which the well is located. If there | 2 | | is no newspaper published in that county, then the publication | 3 | | shall be in a newspaper published in the adjoining county in | 4 | | this State having a circulation in the county in which action | 5 | | is pending. In addition, the Department may cause notice of | 6 | | hearing to be posted at the tank battery located on the lease | 7 | | containing the well at issue for at least 30 days prior to the | 8 | | scheduled date of the hearing. The publication shall contain | 9 | | notice of the pendency of the hearing, the name of the | 10 | | permittee, the name of the well, the names of the parties to be | 11 | | served by publication, and the date on or after which the | 12 | | default may be entered against the party. The Department shall | 13 | | also, within 10 days of the first publication of the notice of | 14 | | posting at the tank battery, send a copy of the publication by | 15 | | mail to the permittee's last known place of residence. The | 16 | | certificate that the Director or his or her representative has | 17 | | sent the copy in accordance with this Section is evidence that | 18 | | he or she has done so. If the
permittee fails to do so within 30 | 19 | | days from the date of the order, then any
person duly | 20 | | authorized by the Department may enter upon the land on which
| 21 | | the well is located and plug, replug, or repair the well as may | 22 | | be
reasonably required to remedy the condition.
The costs and | 23 | | expenses incurred by the Department under this Act
shall be a | 24 | | debt due by the permittee to the Department together with
| 25 | | interest at the rate set forth in Section 2-1303 of the Code of | 26 | | Civil
Procedure. The permittee's failure to comply with the
|
| | | HB3215 | - 3 - | LRB099 11113 AMC 31532 b |
|
| 1 | | Department's order is a violation of this Act.
| 2 | | If the Department determines that any condition or practice | 3 | | exists, or
that any person or permittee is in violation of any | 4 | | requirement of this Act
or the rules adopted hereunder or any | 5 | | permit condition, which condition,
practice or violation | 6 | | creates an imminent danger to the health or safety of
the | 7 | | public, or an imminent danger of significant environmental harm | 8 | | or
significant damage to property, any authorized employee or | 9 | | agent of the
Department may order the immediate cessation of | 10 | | operation. If a
responsible party cannot be readily located in | 11 | | the judgment of the employee
or agent issuing the order, the | 12 | | employee or agent may take any action he
deems necessary to | 13 | | cause a cessation of operations and abatement of any
condition. | 14 | | The cessation order shall be served by mailing it certified
| 15 | | mail-return receipt requested to the last known address of the | 16 | | person or
permittee as soon as is practicably possible but in | 17 | | no event later than 5
days after its issuance.
| 18 | | Pending completion of the investigation and any hearing | 19 | | under Section 8a
of this Act, the person or permittee may file | 20 | | with the Department a written
request for temporary relief from | 21 | | the cessation order, together with a
detailed statement giving | 22 | | reasons for granting such relief. The
Department shall commence | 23 | | a hearing within 5 days after receipt of the
request and may | 24 | | grant such relief, under such conditions as it may
prescribe, | 25 | | if the applicant shows a substantial likelihood that the | 26 | | findings
of the Department will be favorable to him and such |
| | | HB3215 | - 4 - | LRB099 11113 AMC 31532 b |
|
| 1 | | relief will not
adversely affect the health or safety of the | 2 | | public or cause significant
environmental harm or significant | 3 | | damage to property.
| 4 | | (Source: P.A. 89-243, eff. 8-4-95.)
|
|