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


Rep. Jay Hoffman

Filed: 3/18/2022





10200SB3626ham001LRB102 22745 AMQ 37670 a


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



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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
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



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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;



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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
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



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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



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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



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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



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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.



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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
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
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



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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 $
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



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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.



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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
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



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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.



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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



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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
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,



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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



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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



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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



10200SB3626ham001- 19 -LRB102 22745 AMQ 37670 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
26    (i) For the purposes of this Section:



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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. Plugging and temporary abandonment of inactive
14production wells.
15    (a) Any idle production well on an active lease or unit
16that has not had commercial production during the last 24
17consecutive months shall be deemed abandoned and plugged
18unless the well has been approved for temporary abandonment
19status in accordance with subsection (c).
20    (b) Any idle production well on an inactive lease or unit,
21if the lease or unit has not had commercial production during
22the last 24 consecutive months, shall be deemed abandoned and
23not eligible for temporary abandonment status, pending a
24hearing held in in front of the Department in accordance with
25rules developed for such hearings by the Department.



10200SB3626ham001- 21 -LRB102 22745 AMQ 37670 a

1    (c) The permittee shall apply for temporary abandonment
2status by making written application on forms provided by the
3Department. The Department shall place the well on temporary
4abandonment status, if the following conditions, which shall
5be continuing requirements, are met:
6        (1) The well:
7            (A) shall have proper bond in effect in accordance
8        with this Act, if applicable; and
9            (B) can be the subject of any final administrative
10        decision for abandonment.
11        (2) The well shall have an intact leak-free wellhead,
12    or be capped with a valve and configured to monitor casing
13    or annular pressure.
14        (3) If the well is a permitted gas well and the well
15    has a sustained gas pressure at the surface, the
16    requirements of subsection (e) do not apply.
17        (4) The wellhead shall be above ground level.
18        (5) The permittee complies with the requirements of
19    subsection (d).
20    (d) Prior to the Department placing the well on temporary
21abandonment status, the permittee shall conduct a fluid level
22test upon the fluid in the well bore, after notice to and under
23the supervision of a Department representative, using
24acoustical, wire line, or string line measuring methods. If
25the Department authorizes the permittee to conduct a fluid
26level test without the presence of a Department



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1representative, the permittee shall report the fluid level
2test on a form prescribed by the Department.
3        (1) If the fluid level in the wellbore is no higher
4    than 100 feet below the base of the fresh water, the
5    Department may grant temporary abandonment status if the
6    conditions in paragraphs (1) through (4) of subsection (c)
7    are met. Unless the permittee elects to satisfy the
8    conditions of subparagraph (A) or (B) of paragraph (3),
9    the permittee shall perform additional fluid level tests,
10    as prescribed in this subsection, every 5 years or until
11    the well is removed from temporary abandoned status.
12        (2) If the fluid level, as tested, is higher than 100
13    feet below the base of the fresh water and, at the time of
14    the temporary abandonment status request, the well is
15    listed in active status in the Department's records, the
16    permittee may:
17            (A) after notice to and under the supervision of a
18        Department representative, remove any fluid to a level
19        100 feet below the base of the fresh water. At least 48
20        hours, but not more than 96 hours after the fluid has
21        been removed, the permittee shall measure the fluid
22        level as prescribed in this subsection.
23                (i) If the fluid level is higher than 100 feet
24            below the base of fresh water, the permittee shall
25            follow the requirements in subparagraph (A) or (B)
26            of paragraph (3); or



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1                (ii) If the fluid level remains more than 100
2            feet below the base of fresh water, at least 9, but
3            no longer than 12 months from the date that fluid
4            was removed from the well bore, the permittee
5            shall measure the fluid level in accordance with
6            this subsection. If, after the subsequent fluid
7            level test, the fluid level within the wellbore
8            has remained at least 100 feet below the base of
9            fresh water, and the conditions in paragraphs (1)
10            through (4) of subsection (c) continue to be met,
11            the Department shall grant temporary abandonment
12            status for 5 years from the date of the subsequent
13            fluid level test. Thereafter, the permittee shall
14            perform additional fluid level tests, as
15            prescribed in this subsection, every 5 years or
16            until the well is removed from temporary
17            abandonment status; or
18            (B) elect to follow the requirements of
19        subparagraph (A) or (B) of paragraph (3).
20        (3) If the fluid level, as tested, is higher than 100
21    feet below the base of fresh water and, at the time of the
22    temporary abandonment request, the well is listed in
23    temporary abandonment status in the Department's records,
24    the permittee may, after notice to, and under the
25    supervision of, a Department representative:
26            (A) set a cast iron plug within 200 feet above the



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1        uppermost perforated or open hole interval in the
2        cemented portion of the production casing, but no less
3        than 100 feet below the base of the fresh water, remove
4        any fluid to a level at least 100 feet below the base
5        of the freshwater zone, and monitor the fluid level
6        every 5 years in accordance with this subsection; or
7            (B) set a cast iron plug within 200 feet above the
8        uppermost perforated or open hole interval in the
9        cemented portion of the production casing, but no less
10        than 100 feet below the base of the fresh water, and
11        pressure test the casing by maintaining a pressure of
12        300 PSIG, which may vary no more than 5%, for a period
13        of 30 minutes. Subsequent pressure tests shall be
14        conducted every 5 years or until the well is removed
15        from temporary abandonment status.
16    (e) If the Department finds that a well is in violation of
17the operational requirements set forth in subsection (d), the
18Department shall issue an order requiring that the well be
19properly plugged, replugged, or repaired.
20    (f) If a temporary abandonment request is denied, the
21permittee shall, within 90 days, plug the well or correct the
22deficiency that caused the denial and secure an approved
23temporary abandonment permit.
24    (g) Temporary abandonment status for production wells
25shall not be terminated until the well has been inspected by an
26office well inspector and a temporary abandonment termination



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1request is approved by the Department. Temporary abandonment
2termination requests shall be on a form prescribed by the
4    (h) On and after July 1, 2022, temporary abandonment
5status shall be granted for an initial period of 5 years so
6long as the well remains in compliance with subsections (c)
7and (d), and the lease or unit on which the wells are located
8remains active. Temporary abandonment status may be renewed,
9in accordance with this subsection and subsections (c) and (d)
10for successive 5-year periods.
11    The Department shall grant renewals if the well remains in
12compliance with this subsection and subsections (c) and (d),
13and upon the permittee's submission of legitimate economical,
14geological, or engineering evidence that, based on industry
15standards, the well remains viable for future oil and gas
16development purposes.
17    (i) All wells that are currently in temporary abandonment
18status as of July 1, 2022 shall remain in temporary
19abandonment status, unless plugged or placed back into
20production by the permittee, for 5 years from July 1, 2022, so
21long as the well remains in compliance with subsections (c),
22(d), and (h), and thereafter shall be subject to renewal as
23described herein.
24    (j) The Department shall assess and collect annual fees of
25$100 per well for each well that is in temporary abandonment



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1    (k) All annual fees collected pursuant to subsection (j)
2shall be deposited as follows:
3        (1) one-half of all such fees shall be placed in the
4    Plugging and Restoration Fund; and
5        (2) one-half of all such fees shall be placed in the
6    Landowner Grant Program.
7    (l) If a conflict exists between this Section and any
8provision of this Act, this Section controls.
9    (225 ILCS 725/14)  (from Ch. 96 1/2, par. 5420)
10    Sec. 14. Each application for a permit to drill, deepen,
11convert, or amend shall be accompanied by the required fee of
12$400 , not to exceed $300, which the Department shall establish
13by rule. The fee for an application for a permit to oil lease
14road shall be $150. A fee of $75 for the first 100 wells and
15$50 for each well in excess of 100 of $50 per well shall be
16paid by the new owner for each transfer of well ownership.
17Except for the assessments required to be deposited in the
18Plugging and Restoration Fund under Section 19.7 of this Act
19and any other deposits required to be deposited in the
20Plugging and Restoration Fund under this Act, all fees
21assessed and collected under this Act shall be deposited in
22the Underground Resources Conservation Enforcement Fund. The
23monies deposited into the Plugging and Restoration Fund or the
24Underground Resources Conservation Enforcement Fund under this
25Section shall not be subject to administrative charges or



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1chargebacks unless otherwise authorized by this Act.
2    On and after July 1, 2022, any fees that are created by or
3increased by this amendatory Act of the 102nd General Assembly
4in this Section shall be deposited into the Plugging and
5Restoration Fund.
6(Source: P.A. 97-1136, eff. 1-1-13.)
7    (225 ILCS 725/19.7)  (from Ch. 96 1/2, par. 5430.2)
8    Sec. 19.7. The Department shall assess and collect annual
9well fees from each permittee in the amount of $100 $75 per
10well for the first 100 wells and a $75 $50 fee for each well in
11excess of 100 for which a permit is required under this Act.
12    Fees shall be assessed for each calendar year commencing
13in 1991 for all wells of record as of July 1, 1991 and July 1
14of each year thereafter. The fees assessed by the Department
15under this Section are in addition to any other fees required
16by law. All fees assessed under this Section shall be
17submitted to the Department no later than 30 days from the date
18listed on the annual fee assessment letter sent to the
19permittee. Of the fees assessed and collected by the
20Department each year under this Section, 50% shall be
21deposited into the Underground Resources Conservation
22Enforcement Fund, and 50% shall be deposited into the Plugging
23and Restoration Fund unless, total fees assessed and collected
24for any calendar year exceed $1,500,000; then, $750,000 shall
25be deposited into the Underground Resources Conservation



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1Enforcement Fund and the balance of the fees assessed and
2collected shall be deposited into the Plugging and Restoration
3Fund. Upon request of the Department to the Comptroller and
4Treasurer, the Comptroller and Treasurer shall make any
5interfund transfers necessary to effect the allocations
6required by this Section.
7    The monies deposited into the Plugging and Restoration
8Fund or the Underground Resources Conservation Enforcement
9Fund under this Section shall not be subject to administrative
10charges or chargebacks unless otherwise authorized by this
12(Source: P.A. 97-1136, eff. 1-1-13.)".