Full Text of HB4989 102nd General Assembly
HB4989 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB4989 Introduced 1/27/2022, by Rep. Jay Hoffman SYNOPSIS AS INTRODUCED: |
| 225 ILCS 725/1 | from Ch. 96 1/2, par. 5401 | 225 ILCS 725/6 | from Ch. 96 1/2, par. 5409 | 225 ILCS 725/8c | from Ch. 96 1/2, par. 5414.1 | 225 ILCS 725/14 | from Ch. 96 1/2, par. 5420 | 225 ILCS 725/19.1 | from Ch. 96 1/2, par. 5426 | 225 ILCS 725/19.7 | from Ch. 96 1/2, par. 5430.2 |
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Amends the Illinois Oil and Gas Act. Defines "temporary abandonment status". Provides that the Department of Natural Resources shall have the authority to conduct hearings and to make such reasonable rules as may be necessary from time to time in the proper administration and enforcement of the Act, including the adoption of rules and holding hearings: to create, by administrative rule, the authorization criteria, fees, maintenance requirements, and monitoring rules for an authorization for temporary abandonment status; and to create, by administrative rule, the permit criteria, fees, and maintenance requirements for an oil lease road permit where the road is located on a well lease. Provides that before engaging in the business of removing liquid oil field waste from an on-site collection point, the person shall apply for a permit with a fee of $300 (instead of $100). Provides that each application for a permit to drill, deepen, convert, amend, oil lease road, or an authorization for temporary abandonment status shall be accompanied by a fee not to exceed $1,000 (instead of $300). Provides that a fee not to exceed $500 (instead of $50) per well shall be paid by the new owner for each transfer of well ownership. Provides that the fee for a temporary abandonment status authorization shall be deposited in the Plugging and Restoration Fund. Provides that if the Department finds that a well is in violation of the administrative rules regarding a temporary abandonment status, the Department shall issue an order that the well be properly plugged, replugged, or repaired. Provides that the Department shall assess and collect annual well fees from each permittee in the amount of $100 (instead of $75) per well for the first 100 wells and a $75 fee (instead of $50) for each well in excess of 100 for which a permit is required under the Act.
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| | A BILL FOR |
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| 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 Sections 1, 6, 8c, 14, 19.1, and 19.7 as follows:
| 6 | | (225 ILCS 725/1) (from Ch. 96 1/2, par. 5401)
| 7 | | Sec. 1.
Unless the context otherwise requires, the words | 8 | | defined in this
Section have the following meanings as used in | 9 | | this Act.
| 10 | | "Person" means any natural person, corporation, | 11 | | association,
partnership, governmental agency or other legal | 12 | | entity, receiver, trustee,
guardian, executor, administrator, | 13 | | fiduciary or representative of any kind.
| 14 | | "Oil" means natural crude oil or petroleum and other | 15 | | hydrocarbons,
regardless of gravity, which are produced at the | 16 | | well in liquid form by
ordinary production methods or by the | 17 | | use of an oil and gas separator and
which are not the result of | 18 | | condensation of gas after it leaves the
underground reservoir.
| 19 | | "Gas" means all natural gas, including casinghead gas, and | 20 | | all other
natural hydrocarbons not defined above as oil.
| 21 | | "Pool" means a natural, underground reservoir containing | 22 | | in whole or in
part, a natural accumulation of oil or gas, or | 23 | | both. Each productive zone
or stratum of a general structure, |
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| 1 | | which is completely separated from any
other zone or stratum | 2 | | in the structure, is deemed a separate "pool" as used
herein.
| 3 | | "Field" means the same general surface area which is | 4 | | underlaid or
appears to be underlaid by one or more pools.
| 5 | | "Permit" means the Department's written authorization | 6 | | allowing a well
to be drilled, deepened, converted, or | 7 | | operated by an owner.
| 8 | | "Permittee" means the owner holding or required to hold | 9 | | the
permit, and
who is also responsible for paying assessments | 10 | | in accordance with Section
19.7 of this Act and, where | 11 | | applicable, executing and filing the bond
associated with the | 12 | | well as principal and who is responsible for compliance
with | 13 | | all statutory and regulatory requirements pertaining to the | 14 | | well.
| 15 | | When the right and responsibility for operating a well is | 16 | | vested in a
receiver or trustee appointed by a court of | 17 | | competent jurisdiction, the
permit shall be issued to the | 18 | | receiver or trustee.
| 19 | | "Orphan Well" means a well for which: (1) no fee | 20 | | assessment under
Section 19.7 of this Act has been paid or no | 21 | | other bond coverage has been
provided for 2 consecutive years; | 22 | | (2) no oil or gas has been produced from
the well or from the | 23 | | lease or unit on which the well is located for 2
consecutive | 24 | | years; and (3) no permittee or owner can be identified or
| 25 | | located by the Department. Orphaned wells include wells that | 26 | | may have been
drilled for purposes other than those for which a |
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| 1 | | permit is required under
this Act if the well is a conduit for | 2 | | oil or salt water intrusions into
fresh water zones or onto the | 3 | | surface which may be caused by oil and gas
operations.
| 4 | | "Owner" means the person who has the right to drill into | 5 | | and produce
from any pool, and to appropriate the production | 6 | | either for the person or for
the person and another, or others, | 7 | | or solely for others, excluding the
mineral owner's royalty if
| 8 | | the right to drill and produce has been granted under an oil | 9 | | and gas lease.
An owner may also be a person granted the right | 10 | | to drill and operate an
injection (Class II UIC) well | 11 | | independent of the right to drill for and produce
oil or gas. | 12 | | When the right to drill, produce, and appropriate production | 13 | | is
held by more than one person, then all persons holding these | 14 | | rights may
designate the owner by a written operating | 15 | | agreement or similar written
agreement. In the absence of such | 16 | | an agreement, and subject to the provisions
of Sections 22.2 | 17 | | and 23.1 through 23.16 of this Act, the owner shall be the
| 18 | | person designated in writing by a majority in interest of the | 19 | | persons holding
these rights.
| 20 | | "Department" means the Department of Natural Resources.
| 21 | | "Director" means the Director of Natural Resources.
| 22 | | "Mining Board" means the State Mining Board in the | 23 | | Department of Natural
Resources, Office of Mines
and Minerals.
| 24 | | "Mineral Owner's Royalty" means the share of oil and gas | 25 | | production
reserved in an oil and gas lease free of all costs | 26 | | by an owner of the
minerals whether denominated royalty or |
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| 1 | | overriding royalty.
| 2 | | "Waste" means "physical waste" as that term is generally | 3 | | understood in
the oil and gas industry, and further includes:
| 4 | | (1) the locating, drilling, and producing of any oil | 5 | | or gas well or wells
drilled contrary to the valid order, | 6 | | rules and regulations adopted by the
Department under the | 7 | | provisions of this Act;
| 8 | | (2) permitting the migration of oil, gas, or water | 9 | | from the stratum in
which it is found, into other strata, | 10 | | thereby ultimately resulting in the
loss of recoverable | 11 | | oil, gas or both;
| 12 | | (3) the drowning with water of any stratum or part | 13 | | thereof capable of
producing oil or gas, except for | 14 | | secondary recovery purposes;
| 15 | | (4) the unreasonable damage to underground, fresh or | 16 | | mineral water
supply, workable coal seams, or other | 17 | | mineral deposits in the operations
for the discovery, | 18 | | development, production, or handling of oil and gas;
| 19 | | (5) the unnecessary or excessive surface loss or | 20 | | destruction of oil or
gas resulting from evaporation, | 21 | | seepage, leakage or fire, especially such
loss or | 22 | | destruction incident to or resulting from the escape of | 23 | | gas into
the open air in excessive or unreasonable | 24 | | amounts, provided, however,
it shall not be unlawful for | 25 | | the operator
or owner of any well producing both oil and | 26 | | gas to burn such gas in flares
when such gas is, under the |
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| 1 | | other provisions of this Act, lawfully
produced, and where | 2 | | there is no market at the well for such escaping gas;
and | 3 | | where the same is used for the extraction of casinghead | 4 | | gas, it shall
not be unlawful for the operator of the plant | 5 | | after the process of
extraction is completed, to burn such | 6 | | residue in flares when there is no
market at such plant for | 7 | | such residue gas;
| 8 | | (6) permitting unnecessary fire hazards;
| 9 | | (7) permitting unnecessary damage to or destruction of | 10 | | the surface,
soil, animal, fish or aquatic life or | 11 | | property from oil or gas operations.
| 12 | | "Drilling Unit" means the surface area allocated by an | 13 | | order or
regulation of the Department to the drilling of a | 14 | | single well for the
production of oil or gas from an individual | 15 | | pool.
| 16 | | "Enhanced Recovery Method" means any method used in an | 17 | | effort to
recover hydrocarbons from a pool by injection of | 18 | | fluids, gases or other
substances to maintain, restore or | 19 | | augment natural reservoir energy, or by
introducing immiscible | 20 | | or miscible gases, chemicals, other substances or
heat or by | 21 | | in-situ combustion, or by any combination thereof.
| 22 | | "Well-Site Equipment" means any production-related | 23 | | equipment or materials
specific to the well, including motors, | 24 | | pumps, pump jacks, tanks, tank
batteries, separators, | 25 | | compressors, casing, tubing, and rods.
| 26 | | "Temporary abandonment status" means a well that has |
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| 1 | | received an authorization for temporary abandonment status | 2 | | from the Department and is in compliance with the | 3 | | administrative rules for temporary abandonment status. | 4 | | (Source: P.A. 99-78, eff. 7-20-15.)
| 5 | | (225 ILCS 725/6) (from Ch. 96 1/2, par. 5409)
| 6 | | Sec. 6.
The Department shall have the authority to conduct | 7 | | hearings and
to make such reasonable rules as may be necessary | 8 | | from time to time in the
proper administration and enforcement | 9 | | of this Act, including the adoption
of rules and the holding of | 10 | | hearings for the following purposes:
| 11 | | (1) To require the drilling, casing and plugging of | 12 | | wells to be done in
such a manner as to prevent the | 13 | | migration of oil or gas from one stratum to
another; to | 14 | | prevent the intrusion of water into oil, gas or coal | 15 | | strata;
to prevent the pollution of fresh water supplies | 16 | | by oil, gas or salt
water.
| 17 | | (2) To require the person desiring or proposing to | 18 | | drill, deepen or
convert any well for the exploration or | 19 | | production of
oil or gas, for injection or water supply in | 20 | | connection with
enhanced recovery projects, for the | 21 | | disposal of salt water, brine, or other
oil or gas field | 22 | | wastes, or for input, withdrawal, or observation in
| 23 | | connection with the storage of natural gas or other liquid | 24 | | or gaseous
hydrocarbons before commencing the drilling, | 25 | | deepening or
conversion of any such well, to make |
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| 1 | | application to the Department upon
such form as the | 2 | | Department may prescribe and to comply with the provisions
| 3 | | of this Section. The drilling, deepening or conversion of | 4 | | any well is
hereby prohibited until such application is | 5 | | made and the applicant is
issued a permit therefor as | 6 | | provided by this Act. Each application for a
well permit | 7 | | shall include the following: (A) The exact location of the
| 8 | | well, (B) the name and address of the manager, operator, | 9 | | contractor,
driller, or any other person responsible for | 10 | | the conduct of drilling
operations, (C) the proposed depth | 11 | | of the well, (D) lease ownership
information, and (E) such | 12 | | other relevant information as the Department may
deem | 13 | | necessary or convenient to effectuate the purposes of this | 14 | | Act.
| 15 | | Additionally, each applicant who has not been issued a | 16 | | permit that is
of record on the effective date of this | 17 | | amendatory Act of 1991, or who has
not thereafter made | 18 | | payments of assessments under Section 19.7 of this Act
for | 19 | | at least 2 consecutive years preceding the application, | 20 | | shall execute,
as principal, and file with the Department | 21 | | a bond, executed by a surety
authorized to transact | 22 | | business in this State, in an amount estimated to
cover | 23 | | the cost of plugging the well and restoring the well site, | 24 | | but not to
exceed $5000, as determined by the Department | 25 | | for each well, or a blanket
bond in an amount not to exceed | 26 | | $100,000 for all wells, before drilling,
deepening, |
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| 1 | | converting, or operating any well for which a permit is | 2 | | required
that has not previously been plugged and | 3 | | abandoned in accordance with the
Act. The Department shall | 4 | | release the bond if the well, or all wells in the
case of a | 5 | | blanket bond, is not completed but is plugged and the well | 6 | | site
restored in accordance with the Department's rules or | 7 | | is completed in
accordance with the Department's rules and | 8 | | the permittee pays assessments
to the Department in | 9 | | accordance with Section 19.7 of this Act for 2
consecutive | 10 | | years.
| 11 | | In lieu of a surety bond, the applicant may provide | 12 | | cash,
certificates of deposit, or irrevocable letters of | 13 | | credit under such terms
and conditions as the Department | 14 | | may provide by rule.
| 15 | | The sureties on all bonds in effect on the effective | 16 | | date of this
amendatory Act of 1991 shall remain liable as | 17 | | sureties in accordance with
their undertakings until | 18 | | released by the Department from further liability
under | 19 | | the Act. The principal on each bond in effect on the | 20 | | effective date
of this amendatory Act of 1991 shall be | 21 | | released from the obligation of
maintaining the bond if | 22 | | either the well covered by a surety bond has been
plugged | 23 | | and the well site restored in accordance with the | 24 | | Department's
rules or the principal of the surety has paid | 25 | | the initial assessment in
accordance with Section 19.7 and | 26 | | no well or well site covered by the surety
bond is in |
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| 1 | | violation of the Act.
| 2 | | No permit shall be issued to a corporation | 3 | | incorporated outside of
Illinois until the corporation has | 4 | | been authorized to do business in Illinois.
| 5 | | No permit shall be issued to an individual, | 6 | | partnership, or other
unincorporated entity that is not a | 7 | | resident of Illinois until that individual,
partnership, | 8 | | or other unincorporated entity has irrevocably consented | 9 | | to be
sued in Illinois.
| 10 | | (3) To require the person assigning, transferring, or | 11 | | selling any well
for which a permit is required under this | 12 | | Act to notify the Department of
the change of ownership. | 13 | | The notification shall be on a form prescribed by
the | 14 | | Department, shall be executed by the current permittee and | 15 | | by the new
permittee, or their authorized representatives, | 16 | | and shall be filed with the
Department within 30 days | 17 | | after the effective date of the assignment,
transfer or | 18 | | sale. Within the 30 day notification period and prior to
| 19 | | operating the well, the new permittee shall pay the | 20 | | required well transfer
fee and, where applicable, file | 21 | | with the Department the bond required under
subsection (2) | 22 | | of this Section.
| 23 | | (4) To require the filing with the State Geological | 24 | | Survey
of all geophysical logs, a well drilling
report and | 25 | | drill cuttings or cores, if cores are required,
within 90 | 26 | | days after drilling ceases; and to file a completion |
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| 1 | | report
with the Department within 30 days after the date | 2 | | of first production
following initial drilling or any | 3 | | reworking, or after the plugging of the
well, if a dry | 4 | | hole. A copy of each completion report submitted to the
| 5 | | Department shall be delivered to the State Geological | 6 | | Survey. The
Department and the State Geological Survey | 7 | | shall keep the reports
confidential, if requested in | 8 | | writing by the permittee, for 2 years after
the date the | 9 | | permit is issued by the Department. This confidentiality
| 10 | | requirement shall not prohibit the use of the report for | 11 | | research purposes,
provided the State Geological Survey | 12 | | does not publish specific data or
identify the well to | 13 | | which the completion report pertains.
| 14 | | (5) To prevent "blowouts", "caving" and "seepage" in | 15 | | the same sense that
conditions indicated by such terms are | 16 | | generally understood in the oil and
gas business.
| 17 | | (6) To prevent fires.
| 18 | | (7) To ascertain and identify the ownership of all oil | 19 | | and gas wells,
producing leases, refineries, tanks, | 20 | | plants, structures, and all storage
and transportation | 21 | | equipment and facilities.
| 22 | | (8) To regulate the use of any enhanced recovery | 23 | | method in oil pools
and oil fields.
| 24 | | (9) To regulate or prohibit the use of vacuum.
| 25 | | (10) To regulate the spacing of wells, the
issuance of | 26 | | permits, and the establishment of drilling units.
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| 1 | | (11) To regulate directional drilling of oil or gas | 2 | | wells.
| 3 | | (12) To regulate the plugging of wells.
| 4 | | (13) To require that wells for which no logs or
| 5 | | unsatisfactory logs are supplied shall be completely | 6 | | plugged with cement
from bottom to top.
| 7 | | (14) To require a description in such form as is
| 8 | | determined by the Department of the method of well | 9 | | plugging for each
well, indicating the character of | 10 | | material used and the positions and
dimensions of each | 11 | | plug.
| 12 | | (15) To prohibit waste, as defined in this Act.
| 13 | | (16) To require the keeping of such records, the | 14 | | furnishing of such
relevant information and the | 15 | | performance of such tests as the Department
may deem | 16 | | necessary to carry into effect the purposes of this Act.
| 17 | | (17) To regulate the disposal of salt or | 18 | | sulphur-bearing water and any
oil field waste produced in | 19 | | the operation of any oil or gas well.
| 20 | | (18) To prescribe rules, conduct inspections and | 21 | | require compliance with
health and safety standards for | 22 | | the protection of persons working
underground in | 23 | | connection with any oil and gas operations. For the
| 24 | | purposes of this paragraph, oil and gas operations include | 25 | | drilling or
excavation, production operations, plugging or | 26 | | filling in and sealing, or
any other work requiring the |
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| 1 | | presence of workers in shafts or excavations
beneath the | 2 | | surface of the earth. Rules promulgated by the Department | 3 | | may
include minimum qualifications of persons performing | 4 | | tasks affecting the
health and safety of workers | 5 | | underground, minimum standards for the
operation and | 6 | | maintenance of equipment, and safety procedures and
| 7 | | precautions, and shall conform, as nearly as practicable, | 8 | | to corresponding
qualifications, standards and procedures | 9 | | prescribed under the Coal Mining Act.
| 10 | | (19) To deposit the amount of any forfeited surety | 11 | | bond or other
security in the Plugging and Restoration | 12 | | Fund, a special fund in the State
treasury which is hereby | 13 | | created; to deposit into the Fund any amounts
collected, | 14 | | reimbursed or recovered by the Department under Sections | 15 | | 19.5,
19.6 and 19.7 of this Act; to accept, receive, and
| 16 | | deposit into the Fund any grants, gifts or other funds | 17 | | which may be made
available from public or private sources | 18 | | and all earnings received from
investment of monies in the | 19 | | Fund; and to make expenditures from the Fund
for the | 20 | | purposes of plugging, replugging or repairing any well, | 21 | | and
restoring the site of any well, determined by the | 22 | | Department to be
abandoned or ordered by the Department to | 23 | | be plugged, replugged, repaired
or restored under Sections | 24 | | 8a, 19 or 19.1 of this Act, including
expenses in | 25 | | administering the Fund.
| 26 | | (20) To create, by administrative rule, the |
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| 1 | | authorization criteria, fees, maintenance requirements, | 2 | | and monitoring rules for an authorization for temporary | 3 | | abandonment status. | 4 | | (21) To create, by administrative rule, the permit | 5 | | criteria, fees, and maintenance requirements for an oil | 6 | | lease road permit where the road is located on a well | 7 | | lease. | 8 | | For the purposes of this Act, the State Geological Survey | 9 | | shall
co-operate with the Department in making available its | 10 | | scientific and
technical information on the oil and gas | 11 | | resources of the State, and the
Department shall in turn | 12 | | furnish a copy to the State Geological Survey
of all drilling | 13 | | permits as issued, and such other drilling and operating
data | 14 | | received or secured by the Department which are pertinent to
| 15 | | scientific research on the State's mineral resources.
| 16 | | (Source: P.A. 86-205; 86-364; 86-1177; 87-744 .)
| 17 | | (225 ILCS 725/8c) (from Ch. 96 1/2, par. 5414.1)
| 18 | | Sec. 8c.
(a) No person shall operate a liquid oil field
| 19 | | waste transportation system without a liquid oil field waste | 20 | | transportation
permit. The liquid oil field waste transporter | 21 | | assumes legal
responsibility for the liquid oil field waste | 22 | | when it first enters the
liquid oil field waste transportation | 23 | | system, until it is disposed of in a
manner authorized and | 24 | | approved by the Department.
| 25 | | (b) No person shall engage, employ or contract with any |
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| 1 | | other person
except a permittee under this Section, to remove | 2 | | liquid oil field
waste from his premises.
| 3 | | (c) Every person who engages, employs or contracts with | 4 | | any other person
to remove liquid oil field waste from his | 5 | | premises shall maintain detailed
records of all such liquid | 6 | | oil field waste removal effectuated on forms
provided by the | 7 | | Department and shall submit such information in such
detail | 8 | | and with such frequency, as the Department may require.
| 9 | | (d) Before engaging in the business of removing liquid oil | 10 | | field
waste from the on-site collection point, a person shall | 11 | | apply for and
obtain a permit from the Department. The | 12 | | application shall be accompanied
by a permit fee of $300 $100 | 13 | | and by a surety bond covering the period and any
renewal | 14 | | thereof for which the permit is issued by a surety company
| 15 | | registered in the State, to indemnify the Department for the | 16 | | abatement of
pollution of waters which result from any | 17 | | improper disposal of liquid oil
field waste by the permittee. | 18 | | The bonds shall be $10,000. The Department
shall be the | 19 | | obligee and the bond shall be for the benefit and purpose to
| 20 | | indemnify the State for the elimination of harmful or nuisance | 21 | | conditions
and for the abatement of any pollution of waters | 22 | | which result from the
improper disposal of liquid oil field | 23 | | waste by the permittee.
| 24 | | In lieu of the surety bond, the applicant may provide | 25 | | cash,
certificates of deposit, or irrevocable letters of | 26 | | credit under such terms
and conditions as the Department may |
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| 1 | | provide by rule.
| 2 | | The surety of any bond posted for the issuance of a liquid | 3 | | oil
field waste transportation permit, upon 30 days notice in | 4 | | writing to the
Department and to the permittee, may cancel any | 5 | | such bond, but such
cancellation shall not affect any rights | 6 | | which shall have accrued on the
bond before the effective date | 7 | | of the cancellation.
| 8 | | (e) If the Department, after such investigation as it | 9 | | deems necessary,
is satisfied that the applicant has the | 10 | | qualifications, experience,
reputation, and equipment to | 11 | | perform the services in a manner not
detrimental to the public | 12 | | interest, in a way that will not cause unlawful
pollution of | 13 | | the waters of the State and meets the bonding requirements of
| 14 | | subsection (d), it shall issue a permit to the applicant.
| 15 | | (f) (1) All trucks or other vehicles used to transport or | 16 | | carry liquid
oil field waste shall carry a permit issued | 17 | | by the Department for
inspection by its representative or | 18 | | any law enforcement agent. The
application for the vehicle | 19 | | permit shall state the make, model and year of
the vehicle | 20 | | as well as the capacity of the tank used in transporting | 21 | | liquid
oil field waste and such other information as the | 22 | | Department requires. Each
application shall be accompanied | 23 | | by a biennial permit fee of $100
for each vehicle sought to | 24 | | be licensed, payable to the State, and if the
Department, | 25 | | after such investigation as it deems necessary, finds the | 26 | | truck
or vehicle and equipment is proper and adequate for |
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| 1 | | the purpose, it shall
issue a permit for the use of the | 2 | | vehicle. The permit is not transferable
from one vehicle | 3 | | to another. The vehicle permit number shall be printed on
| 4 | | a decal furnished by the Department which shall designate | 5 | | the years for
which the permit was issued. This decal | 6 | | shall be affixed to the upper
right hand corner of the | 7 | | inside of the windshield.
| 8 | | (2) All vehicle permits shall be valid for 2 years. | 9 | | Application for
renewal of a permit must be made 30 days | 10 | | prior to the expiration date of
the permit. The fee for | 11 | | renewal shall be the same as for the original permit.
| 12 | | (g) (1) The tank shall be kept tightly closed in transit, | 13 | | to prevent
the escape of contents.
| 14 | | (2) The permittee shall dispose of all liquid oil | 15 | | field waste
in conformance with the provisions of this | 16 | | Section.
| 17 | | (3) The permittee shall not dispose of liquid oil | 18 | | field waste
onto or into the ground except at locations | 19 | | specifically approved
and permitted by the Department. No | 20 | | liquid oil field waste shall
be placed in a location where | 21 | | it could enter any public or
private drain, pond, stream | 22 | | or other body of surface or ground water.
| 23 | | (h) Any person who violates or refuses to comply with any | 24 | | of the provisions
of this Section shall be subject to the | 25 | | provisions of Sections 8a and
19.1 of this Act. In addition, | 26 | | any person who gathers, handles, transports,
or disposes of |
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| 1 | | liquid oil field waste without a liquid oil field waste
| 2 | | transportation permit or utilizes the services of an | 3 | | unpermitted person
shall upon conviction thereof by a court of | 4 | | competent jurisdiction be fined
not less than $2,000 for a | 5 | | violation and costs of prosecution, and in
default of payment | 6 | | of fine and costs, imprisoned for not less than 10 days
nor | 7 | | more than 30 days. When the violation is of a continuing | 8 | | nature, each
day upon which a violation occurs is a separate | 9 | | offense.
| 10 | | (i) For the purposes of this Section:
| 11 | | (1) "Liquid oil field waste" means oil field
brines, | 12 | | tank and pit bottom sediments, and drilling and completion
| 13 | | fluids, to the extent those wastes are now or hereafter | 14 | | exempt from the
provisions of Subtitle C of the federal | 15 | | Resource Conservation and Recovery
Act of 1976.
| 16 | | (2) "Liquid oil field waste transportation system" | 17 | | means all trucks
and other motor vehicles used to gather, | 18 | | handle or transport liquid oil
field waste from the point | 19 | | of any surface on-site collection to any
subsequent | 20 | | off-site storage, utilization or disposal.
| 21 | | (Source: P.A. 87-744.)
| 22 | | (225 ILCS 725/14) (from Ch. 96 1/2, par. 5420)
| 23 | | Sec. 14.
Each application for a permit to drill, deepen, | 24 | | convert,
or amend , oil lease road, or an authorization for | 25 | | temporary abandonment status shall be accompanied by the |
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| 1 | | required fee, not to exceed $1,000 $300 , which
the Department | 2 | | shall establish by rule. A fee not to exceed $500 of $50 per | 3 | | well , as established by administrative rule, shall be paid by
| 4 | | the new owner for each transfer of well ownership. The fee for | 5 | | a temporary abandonment status authorization shall be | 6 | | deposited in the Plugging and Restoration Fund. Except for the
| 7 | | assessments required to be deposited in the Plugging and | 8 | | Restoration Fund
under Section 19.7 of this Act and any other | 9 | | deposits required to be deposited in the Plugging and | 10 | | Restoration Fund under this Act , all fees assessed and | 11 | | collected under this
Act shall be deposited in the Underground | 12 | | Resources Conservation Enforcement
Fund. The monies deposited | 13 | | into the Plugging and Restoration Fund or the Underground | 14 | | Resources Conservation Enforcement Fund under this Section | 15 | | shall not be subject to administrative charges or chargebacks | 16 | | unless otherwise authorized by this Act.
| 17 | | (Source: P.A. 97-1136, eff. 1-1-13.)
| 18 | | (225 ILCS 725/19.1) (from Ch. 96 1/2, par. 5426)
| 19 | | Sec. 19.1.
If, after notice and an opportunity for a | 20 | | hearing, the
Department finds that a well drilled for the | 21 | | exploration, development, storage
or production of oil or gas, | 22 | | or as injection, salt water disposal, salt water
source,
| 23 | | observation, and geological or structure test has been | 24 | | abandoned or is
leaking salt water, oil, gas or other | 25 | | deleterious substances into any fresh
water formation or onto |
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| 1 | | the surface of the land in the vicinity of the
well, or is in | 2 | | violation of the administrative rules regarding temporary | 3 | | abandonment status, the Department shall issue an order that | 4 | | the well be
properly plugged, replugged or repaired to remedy | 5 | | such situation. If the
permittee fails to do so within 30 days | 6 | | from the date of the order, then any
person duly authorized by | 7 | | the Department may enter upon the land on which
the well is | 8 | | located and plug, replug, or repair the well as may be
| 9 | | reasonably required to remedy the condition.
The costs and | 10 | | expenses incurred by the Department under this Act
shall be a | 11 | | debt due by the permittee to the Department together with
| 12 | | interest at the rate set forth in Section 2-1303 of the Code of | 13 | | Civil
Procedure. The permittee's failure to comply with the
| 14 | | Department's order is a violation of this Act.
| 15 | | If the Department determines that any condition or | 16 | | practice exists, or
that any person or permittee is in | 17 | | violation of any requirement of this Act
or the rules adopted | 18 | | hereunder or any permit condition, which condition,
practice | 19 | | or violation creates an imminent danger to the health or | 20 | | safety of
the public, or an imminent danger of significant | 21 | | environmental harm or
significant damage to property, any | 22 | | authorized employee or agent of the
Department may order the | 23 | | immediate cessation of operation. If a
responsible party | 24 | | cannot be readily located in the judgment of the employee
or | 25 | | agent issuing the order, the employee or agent may take any | 26 | | action he
deems necessary to cause a cessation of operations |
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| 1 | | and abatement of any
condition. The cessation order shall be | 2 | | served by mailing it certified
mail-return receipt requested | 3 | | to the last known address of the person or
permittee as soon as | 4 | | is practicably possible but in no event later than 5
days after | 5 | | its issuance.
| 6 | | Pending completion of the investigation and any hearing | 7 | | under Section 8a
of this Act, the person or permittee may file | 8 | | with the Department a written
request for temporary relief | 9 | | from the cessation order, together with a
detailed statement | 10 | | giving reasons for granting such relief. The
Department shall | 11 | | commence a hearing within 5 days after receipt of the
request | 12 | | and may grant such relief, under such conditions as it may
| 13 | | prescribe, if the applicant shows a substantial likelihood | 14 | | that the findings
of the Department will be favorable to him | 15 | | and such relief will not
adversely affect the health or safety | 16 | | of the public or cause significant
environmental harm or | 17 | | significant damage to property.
| 18 | | (Source: P.A. 89-243, eff. 8-4-95.)
| 19 | | (225 ILCS 725/19.7) (from Ch. 96 1/2, par. 5430.2)
| 20 | | Sec. 19.7.
The Department shall assess and collect annual | 21 | | well fees from each
permittee in the amount of $100 $75 per | 22 | | well for the first 100 wells and a $75 $50 fee for each well in | 23 | | excess of 100 for which a permit is required under this Act.
| 24 | | Fees shall be assessed for each calendar year commencing | 25 | | in 1991 for all
wells of record as of July 1, 1991 and July 1 |
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| 1 | | of each year thereafter. The
fees assessed by the Department | 2 | | under this Section are in addition to any
other fees required | 3 | | by law. All fees assessed under this Section shall be
| 4 | | submitted to the Department no later than 30 days from the date | 5 | | listed on
the annual fee assessment letter sent to the | 6 | | permittee. Of the fees
assessed and collected by the | 7 | | Department each year under this Section, 50%
shall be | 8 | | deposited into the Underground Resources Conservation | 9 | | Enforcement
Fund, and 50% shall be deposited into the Plugging | 10 | | and Restoration Fund
unless, total fees assessed and collected | 11 | | for any calendar year exceed
$1,500,000; then, $750,000 shall | 12 | | be deposited into the Underground
Resources Conservation | 13 | | Enforcement Fund and the balance of the fees
assessed and | 14 | | collected shall be deposited into the Plugging and Restoration
| 15 | | Fund. Upon request of the Department to the Comptroller and | 16 | | Treasurer, the
Comptroller and Treasurer shall make any | 17 | | interfund transfers necessary to
effect the allocations | 18 | | required by this Section.
| 19 | | The monies deposited into the Plugging and Restoration | 20 | | Fund or the Underground Resources Conservation Enforcement | 21 | | Fund under this Section shall not be subject to administrative | 22 | | charges or chargebacks unless otherwise authorized by this | 23 | | Act. | 24 | | (Source: P.A. 97-1136, eff. 1-1-13.)
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