Full Text of SB1377 99th General Assembly
SB1377 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 SB1377 Introduced 2/20/2015, by Sen. Gary Forby SYNOPSIS AS INTRODUCED: |
|
225 ILCS 725/8a | from Ch. 96 1/2, par. 5413 |
225 ILCS 725/8d new | |
|
Amends the Illinois Oil and Gas Act. Provides that no person shall falsify or otherwise misstate any information on or relative to any application, permit, required record, or other document required to be submitted to the Department of Natural Resources by the Act or any rules or procedures adopted under the Act. Requires that when an inspector or other authorized employee or agent of the
Department determines that any permittee or any person engaged in conduct
or activities required to be permitted under the Act has falsified or otherwise misstated any information on or relative to any application, permit, required record, or other document,
a notice of violation shall be completed and delivered to the
Director of Natural Resources or his designee. Sets a penalty of $5,000 for falsification or misstatement of information.
|
| |
| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
|
| | | SB1377 | | LRB099 10503 AMC 30730 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 8a and by adding Section 8d as follows:
| 6 | | (225 ILCS 725/8a) (from Ch. 96 1/2, par. 5413)
| 7 | | Sec. 8a.
When an inspector or other authorized employee or | 8 | | agent of the
Department determines that any permittee, or any | 9 | | person engaged in conduct
or activities required to be | 10 | | permitted under this Act, is in violation of
any requirement of | 11 | | this Act or the rules adopted hereunder or any permit
| 12 | | condition,
or has falsified or otherwise misstated any | 13 | | information on or relative to any application, permit, required | 14 | | record, or other document required to be submitted to the | 15 | | Department by this Act or any rules or procedures adopted under | 16 | | this Act the
permit application ,
a notice of violation shall be | 17 | | completed and delivered to the
Director or his designee.
| 18 | | The notice shall contain:
| 19 | | 1. the nature of the violation;
| 20 | | 2. the action needed to abate the violation, including | 21 | | any appropriate
remedial measures to prevent future | 22 | | violation such as replacement, repair,
testing and | 23 | | reworking a well and any appurtenances and equipment;
|
| | | SB1377 | - 2 - | LRB099 10503 AMC 30730 b |
|
| 1 | | 3. the time within which the violation is to be abated; | 2 | | and
| 3 | | 4. any factors known to the person completing the | 4 | | notice of violation
in aggravation or mitigation and the | 5 | | existence of any factors indicating
that the permit should | 6 | | be conditioned or modified.
| 7 | | Upon receipt of a notice of violation, the Director shall | 8 | | conduct his
investigation and may affirm, vacate or modify the | 9 | | notice of violation. In
determining whether to take actions in | 10 | | addition to remedial action
necessary to abate a violation, the | 11 | | Director shall consider the person's or
permittee's history of | 12 | | previous violations including violations at other
locations | 13 | | and under other permits, the seriousness of the violation
| 14 | | including any irreparable harm to the environment or damage to | 15 | | property,
the degree of culpability of the person or permittee | 16 | | and the existence of
any additional conditions or factors in | 17 | | aggravation or mitigation including
information provided by | 18 | | the person or permittee.
| 19 | | The Director shall serve the person or permittee with his | 20 | | decision
at the conclusion of the investigation.
Modification | 21 | | of the notice
of violation may include:
| 22 | | 1. any different or additional remedial action | 23 | | required to abate the
violation and the time within which | 24 | | the violation must be abated;
| 25 | | 2. the assessment of civil penalties not to exceed | 26 | | $5,000 for each and every falsification or misstatement of |
| | | SB1377 | - 3 - | LRB099 10503 AMC 30730 b |
|
| 1 | | information and $1,000 a day for
each and every act of | 2 | | violation not including a falsification or misstatement of | 3 | | information ;
| 4 | | 3. probationary or permanent modification or | 5 | | conditions on the permit
which may include special | 6 | | monitoring or reporting requirements; and
| 7 | | 4. revocation of the permit.
| 8 | | The Director's decision shall provide that the person or | 9 | | permittee has
the right to request a hearing.
| 10 | | The Director's decision affirming, vacating or modifying | 11 | | the notice of
violation shall be considered served when mailed | 12 | | by first class mail to the person or permittee at his
last | 13 | | known address.
| 14 | | A person or permittee shall have 30 days from the date of | 15 | | service of the
Director's decision to request a hearing. If the | 16 | | Director's decision
includes the assessment of a civil penalty, | 17 | | the person or permittee charged
with the penalty shall pay the | 18 | | penalty in full or, if the person or
permittee wishes to | 19 | | contest either the amount of the penalty or the fact of
the | 20 | | violation, submit the assessed amount, with the request for a | 21 | | hearing,
to be held in escrow. The filing of a request for a | 22 | | hearing shall not
operate as a stay of the Director's decision. | 23 | | All civil penalties finally
assessed and paid to the Department | 24 | | shall be deposited in the Underground
Resources Conservation | 25 | | Enforcement Fund.
| 26 | | Any person who willfully or knowingly authorized, ordered, |
| | | SB1377 | - 4 - | LRB099 10503 AMC 30730 b |
|
| 1 | | or carried out
any violation cited in the Director's decision | 2 | | shall be subject to the same
actions, including civil | 3 | | penalties, which may be imposed on the person or
permittee | 4 | | under this Section.
| 5 | | Upon receipt of a request, the Department shall provide an
| 6 | | opportunity for a formal hearing upon not less than 5 days | 7 | | notice. The
hearing shall be conducted by the Director or | 8 | | anyone designated by him for
such purpose, and shall be located | 9 | | and conducted in accordance with the rules
of the
Department. | 10 | | Failure of the person or permittee to timely request a hearing
| 11 | | or, if a civil penalty has been assessed, to timely tender the | 12 | | assessed civil
penalty,
shall constitute a waiver of all legal | 13 | | rights to contest the Director's
decision, including the amount | 14 | | of any civil penalty. Within 30 days of
the close of the | 15 | | hearing record or expiration of the time to request a
hearing, | 16 | | the Department shall issue a final administrative order.
| 17 | | If, at the expiration of the period of time originally | 18 | | fixed in the
Director's decision or in any subsequent extension | 19 | | of time granted by the
Department, the Department finds that | 20 | | the violation has not been abated, it
may immediately order the | 21 | | cessation of operations
or the portions thereof relevant to the | 22 | | violation. Such cessation order
shall be served in the manner | 23 | | and within the time prescribed in Section
19.1 of this Act.
| 24 | | Pending the holding of any hearing or entry of a final | 25 | | administrative
order under this Section, the person or | 26 | | permittee to whom the cessation
order was issued may file a |
| | | SB1377 | - 5 - | LRB099 10503 AMC 30730 b |
|
| 1 | | written request for temporary relief subject to
the same terms | 2 | | and conditions as are provided for in Section 19.1 of this Act.
| 3 | | If the Department finds that a person or permittee has | 4 | | failed to comply
with a final administrative order, the | 5 | | Department may immediately order the
cessation of operations or | 6 | | the portions thereof relevant to the final
administrative | 7 | | order. Such cessation order shall be served in the manner
and | 8 | | within the time prescribed in Section 19.1 of this Act. The
| 9 | | Department shall commence a hearing within 5 days after | 10 | | issuance of a
cessation order and shall conclude such hearing | 11 | | without appreciable delay.
At the hearing the Department shall | 12 | | have the burden of proving that the
person or permittee has not | 13 | | complied with the final administrative order.
A cessation order | 14 | | issued under this paragraph shall continue in effect
until | 15 | | modified, vacated, or terminated by the Department.
| 16 | | The Department shall refuse to issue a permit or permits,
| 17 | | and shall revoke any permit or permits previously issued
if:
| 18 | | (1) the applicant has falsified or otherwise misstated | 19 | | any information
on or relative to the permit application;
| 20 | | (2) the applicant has failed to abate a violation of | 21 | | the Act specified
in a final administrative decision of the | 22 | | Department;
| 23 | | (3) an officer, director, partner, or person with an | 24 | | interest in the
applicant exceeding 5% failed to abate a | 25 | | violation of the Act specified in a
final administrative | 26 | | decision of the Department; or
|
| | | SB1377 | - 6 - | LRB099 10503 AMC 30730 b |
|
| 1 | | (4) the applicant is an officer, director, partner, or | 2 | | person with an
interest exceeding 5% in another entity that | 3 | | has failed to abate a violation of
the Act specified in a | 4 | | final administrative decision of the Department.
| 5 | | (Source: P.A. 89-243, eff. 8-4-95.)
| 6 | | (225 ILCS 725/8d new) | 7 | | Sec. 8d. Falsification or misstatement of information. No | 8 | | person shall falsify or otherwise misstate any information on | 9 | | or relative to any application, permit, required record, or | 10 | | other document required to be submitted to the Department by | 11 | | this Act or any rules or procedures adopted under this Act.
|
|