Full Text of SB3326 98th General Assembly
SB3326 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 SB3326 Introduced 2/14/2014, by Sen. Ira I. Silverstein SYNOPSIS AS INTRODUCED: |
| 225 ILCS 732/1-35 | | 225 ILCS 732/1-40 | | 225 ILCS 732/1-45 | | 225 ILCS 732/1-50 | |
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Amends the Hydraulic Fracturing Regulatory Act. Adds reference to horizontal drilling with fracturing operations. Adds provisions concerning a county board or governing body's approval or denial for a request to consent for a local siting of a well site and operations. Makes other changes to provisions concerning permit applications, public notice, and public comment periods.
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| | FISCAL NOTE ACT MAY APPLY | | STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT |
| | 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 Hydraulic Fracturing Regulatory Act is | 5 | | amended by changing Sections 1-35, 1-40, 1-45, and 1-50 as | 6 | | follows: | 7 | | (225 ILCS 732/1-35)
| 8 | | Sec. 1-35. High volume horizontal hydraulic fracturing and | 9 | | horizontal drilling with fracturing operations permit | 10 | | application. | 11 | | (a) Every applicant for a permit under this Act shall first | 12 | | register with the Department at least 30 days before applying | 13 | | for a permit. The Department shall make available a | 14 | | registration form within 90 days after the effective date of | 15 | | this Act. The registration form shall require the following | 16 | | information:
| 17 | | (1) the name and address of the registrant and any | 18 | | parent, subsidiary, or affiliate thereof;
| 19 | | (2) disclosure of all findings of a serious violation | 20 | | or an equivalent violation under federal or state laws or | 21 | | regulations in the development or operation of an oil or | 22 | | gas exploration or production site via hydraulic | 23 | | fracturing or horizontal drilling with fracturing by the |
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| 1 | | applicant or any parent, subsidiary, or affiliate thereof | 2 | | within the previous 5 years; and
| 3 | | (3) proof of insurance to cover injuries, damages, or | 4 | | loss related to pollution or diminution in the amount of at | 5 | | least $5,000,000, from an insurance carrier authorized, | 6 | | licensed, or permitted to do this insurance business in | 7 | | this State that holds at least an A- rating by A.M. Best & | 8 | | Co. or any comparable rating service.
| 9 | | A registrant must notify the Department of any change in | 10 | | the information identified in paragraphs (1), (2), or (3) of | 11 | | this subsection (a) at least annually or upon request of the | 12 | | Department.
| 13 | | (b) Every applicant for a permit under this Act must submit | 14 | | the following information to the Department on an application | 15 | | form provided by the Department:
| 16 | | (1) the name and address of the applicant and any | 17 | | parent, subsidiary, or affiliate thereof;
| 18 | | (2) the proposed well name and address and legal | 19 | | description of the well site and its unit area;
| 20 | | (3) a statement whether the proposed location of the | 21 | | well site is in compliance with the requirements of Section | 22 | | 1-25 of this Act and a plat, which shows the proposed | 23 | | surface location of the well site, providing the distance | 24 | | in feet, from the surface location of the well site to the | 25 | | features described in subsection (a) of Section 1-25 of | 26 | | this Act;
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| 1 | | (4) a detailed description of the proposed well to be | 2 | | used for the high volume horizontal hydraulic fracturing | 3 | | operations or horizontal drilling with fracturing | 4 | | operations including, but not limited to, the following | 5 | | information:
| 6 | | (A) the approximate total depth to which the well | 7 | | is to be drilled or deepened;
| 8 | | (B) the proposed angle and direction of the well;
| 9 | | (C) the actual depth or the approximate depth at | 10 | | which the well to be drilled deviates from vertical;
| 11 | | (D) the angle and direction of any nonvertical | 12 | | portion of the wellbore until the well reaches its | 13 | | total target depth or its actual final depth; and
| 14 | | (E) the estimated length and direction of the | 15 | | proposed horizontal lateral or wellbore;
| 16 | | (5) the estimated depth and elevation, according to the | 17 | | most recent publication of the Illinois State Geological | 18 | | Survey of Groundwater for the location of the well, of the | 19 | | lowest potential fresh water along the entire length of the | 20 | | proposed wellbore;
| 21 | | (6) a detailed description of the proposed high volume | 22 | | horizontal hydraulic fracturing operations or horizontal | 23 | | drilling with fracturing operations , including, but not | 24 | | limited to, the following:
| 25 | | (A) the formation affected by the high volume | 26 | | horizontal hydraulic fracturing operations or |
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| 1 | | horizontal drilling with fracturing operations , | 2 | | including, but not limited to, geologic name and | 3 | | geologic description of the formation that will be | 4 | | stimulated by the operation;
| 5 | | (B) the anticipated surface treating pressure | 6 | | range;
| 7 | | (C) the maximum anticipated injection treating | 8 | | pressure;
| 9 | | (D) the estimated or calculated fracture pressure | 10 | | of the producing and confining zones; and
| 11 | | (E) the planned depth of all proposed perforations | 12 | | or depth to the top of the open hole section;
| 13 | | (7) a plat showing all known previous wellbores well | 14 | | bores within 1,500 750 feet of any part of the horizontal | 15 | | wellbore well bore that penetrated within 400 vertical feet | 16 | | of the formation that will be stimulated as part of the | 17 | | high volume horizontal hydraulic fracturing operations or | 18 | | horizontal drilling with fracturing operations ;
| 19 | | (8) unless the applicant documents why the information | 20 | | is not available at the time the application is submitted, | 21 | | a chemical disclosure report identifying each chemical and | 22 | | proppant anticipated to be used in hydraulic fracturing or | 23 | | fracturing fluid for each stage of the hydraulic fracturing | 24 | | operations or horizontal drilling with fracturing | 25 | | operations including the following:
| 26 | | (A) the total volume of water anticipated to be |
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| 1 | | used in the hydraulic fracturing or fracturing | 2 | | treatment of the well or the type and total volume of | 3 | | the base fluid anticipated to be used in the hydraulic | 4 | | fracturing or fracturing treatment, if something other | 5 | | than water;
| 6 | | (B) each hydraulic fracturing or fracturing | 7 | | additive anticipated to be used in the hydraulic | 8 | | fracturing or fracturing fluid, including the trade | 9 | | name, vendor, a brief descriptor of the intended use or | 10 | | function of each hydraulic fracturing or fracturing | 11 | | additive, and the Material Safety Data Sheet (MSDS), if | 12 | | applicable;
| 13 | | (C) each chemical anticipated to be intentionally | 14 | | added to the base fluid, including for each chemical, | 15 | | the Chemical Abstracts Service number, if applicable; | 16 | | and
| 17 | | (D) the anticipated concentration in the base | 18 | | fluid, in percent by mass, of each chemical to be | 19 | | intentionally added to the base fluid;
| 20 | | (9) a certification of compliance with the Water Use | 21 | | Act of 1983 and applicable regional water supply plans;
| 22 | | (10) a fresh water withdrawal and management plan that | 23 | | shall include the following information:
| 24 | | (A) the source of the water, such as surface or | 25 | | groundwater, anticipated to be used for water | 26 | | withdrawals, and the anticipated withdrawal location;
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| 1 | | (B) the anticipated volume and rate of each water | 2 | | withdrawal from each withdrawal location; | 3 | | (C) the anticipated months when water withdrawals | 4 | | shall be made from each withdrawal location;
| 5 | | (D) the methods to be used to minimize water | 6 | | withdrawals as much as feasible; and
| 7 | | (E) the methods to be used for surface water | 8 | | withdrawals to minimize adverse impact to aquatic | 9 | | life. | 10 | | Where a surface water source is wholly contained within | 11 | | a single property, and the owner of the property expressly | 12 | | agrees in writing to its use for water withdrawals, the | 13 | | applicant is not required to include this surface water | 14 | | source in the fresh water withdrawal and management plan ; .
| 15 | | (11) a plan for the handling, storage, transportation, | 16 | | and disposal or reuse of hydraulic fracturing or fracturing | 17 | | fluids and hydraulic fracturing or fracturing flowback. | 18 | | The plan shall identify the specific Class II injection | 19 | | well or wells that will be used to dispose of the hydraulic | 20 | | fracturing or fracturing flowback. The plan shall describe | 21 | | the capacity of the tanks to be used for the capture and | 22 | | storage of flowback and of the lined reserve pit to be | 23 | | used, if necessary, to temporarily store any flowback in | 24 | | excess of the capacity of the tanks. Identification of the | 25 | | Class II injection well or wells shall be by name, | 26 | | identification number, and specific location and shall |
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| 1 | | include the date of the most recent mechanical integrity | 2 | | test for each Class II injection well;
| 3 | | (12) a well site safety plan to address proper safety | 4 | | measures to be employed during high volume horizontal | 5 | | hydraulic fracturing operations or horizontal drilling | 6 | | with fracturing operations for the protection of persons on | 7 | | the site as well as the general public. Within 15 calendar | 8 | | days after submitting the permit application to the | 9 | | Department, the applicant must provide a copy of the plan | 10 | | to the county or counties in which hydraulic fracturing | 11 | | operations or horizontal drilling with fracturing | 12 | | operations will occur. Within 5 calendar days of its | 13 | | receipt, the Department shall provide a copy of the well | 14 | | site safety plan to the Office of the State Fire Marshal;
| 15 | | (13) a containment plan describing the containment | 16 | | practices and equipment to be used and the area of the well | 17 | | site where containment systems will be employed, and within | 18 | | 5 calendar days of its receipt, the Department shall | 19 | | provide a copy of the containment plan to the Office of the | 20 | | State Fire Marshal;
| 21 | | (14) a casing and cementing plan that describes the | 22 | | casing and cementing practices to be employed, including | 23 | | the size of each string of pipe, the starting point, and | 24 | | depth to which each string is to be set and the extent to | 25 | | which each string is to be cemented;
| 26 | | (15) a traffic management plan that identifies the |
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| 1 | | anticipated roads, streets, and highways that will be used | 2 | | for access to and egress from the well site. The traffic | 3 | | management plan will include a point of contact to discuss | 4 | | issues related to traffic management. Within 15 calendar | 5 | | days after submitting the permit application to the | 6 | | Department, the applicant must provide a copy of the | 7 | | traffic management plan to the county or counties in which | 8 | | the well site is located, and within 5 calendar days of its | 9 | | receipt, the Department shall provide a copy of the traffic | 10 | | management plan to the Office of the State Fire Marshal;
| 11 | | (16) the names and addresses of all owners of any real | 12 | | property within 1,500 feet of the proposed well site, as | 13 | | disclosed by the records in the office of the recorder of | 14 | | the county or counties;
| 15 | | (17) drafts of the specific public notice and general | 16 | | public notice as required by Section 1-40 of this Act;
| 17 | | (18) a statement that the well site at which the high | 18 | | volume horizontal hydraulic fracturing operation or | 19 | | horizontal drilling with fracturing operations will be | 20 | | conducted will be restored in compliance with Section | 21 | | 240.1181 of Title 62 of the Illinois Administrative Code | 22 | | and Section 1-95 of this Act;
| 23 | | (19) proof of insurance to cover injuries, damages, or | 24 | | loss related to pollution in the amount of at least | 25 | | $5,000,000; and
| 26 | | (20) any other relevant information which the |
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| 1 | | Department may, by rule, require.
| 2 | | (c) Where a permit an application is made to conduct high | 3 | | volume horizontal fracturing operations or horizontal drilling | 4 | | with fracturing operations at a well site located within the | 5 | | limits of any city, county, village, or incorporated town, the | 6 | | application shall state the name of the city, county, village, | 7 | | or incorporated town and be accompanied with a certified copy | 8 | | of the official consent for the location of the well site and | 9 | | proposed fracturing operations within the jurisdiction of the | 10 | | county board or governing body requested to sign the consent | 11 | | hydraulic fracturing operations to occur from the municipal | 12 | | authorities where the well site is proposed to be located . No | 13 | | permit shall be issued unless consent is secured and filed with | 14 | | the permit application. In the event that an amended location | 15 | | is selected, the original permit shall not be valid unless a | 16 | | new certified consent is filed for the amended location.
In | 17 | | considering the request for consent, the county board or | 18 | | governing body shall comply with the following: | 19 | | (1) The county board or governing body shall approve or | 20 | | deny the request for consent for local siting of a well | 21 | | site and operations. The consent shall be requested from | 22 | | the county board with the primary jurisdiction over the | 23 | | land identified as the well site if the well site is not | 24 | | proposed to be located within the limits of a city, | 25 | | village, or incorporated town, or shall be requested from | 26 | | the governing body of the city, village, or incorporated |
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| 1 | | town when the well site is proposed to be located within | 2 | | the limits of a city, village, or incorporated town. | 3 | | (2) The request for consent shall be sent by the | 4 | | Department for a well site and fracturing operations to the | 5 | | applicable county board or governing body by certified | 6 | | mail. The receiving county board or governing body shall, | 7 | | within 24 hours of receipt, make the request for consent | 8 | | public by posting it in the customary public notice format | 9 | | for the applicable county board or governing body with | 10 | | instructions to the public regarding how public comment on | 11 | | the request for approval or denial of the request for | 12 | | consent of the well site and fracturing operations can be | 13 | | registered. | 14 | | (3) A public meeting regarding approval or denial of a | 15 | | request for consent for a well site and fracturing | 16 | | operations shall be scheduled for the next public meeting | 17 | | or added to the agenda of a previously scheduled public | 18 | | meeting held by the county board or governing body no | 19 | | earlier than 10 business days after posting the public | 20 | | notice of the meeting time and location. | 21 | | (4) The county board or governing body considering any | 22 | | request for consent for a well site and fracturing | 23 | | operations to be located within its jurisdiction shall | 24 | | consult with the Department about any and all specific | 25 | | details pertaining to the permit application for that well | 26 | | site. The Department shall provide the county board or |
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| 1 | | governing body with all available information about the | 2 | | well site and fracturing operations including, but not | 3 | | limited to, the proposed fracturing operations of the well | 4 | | site, the history and expertise of the permit applicants, | 5 | | and the risks and possible mitigation of those risks | 6 | | relating to all issues encountered on the well site and | 7 | | fracturing operations. | 8 | | (5) The county board or governing body shall consult | 9 | | with the Illinois State Water Survey and the Environmental | 10 | | Protection Agency about the fresh water withdrawal and | 11 | | management plan included in the permit application and any | 12 | | risks and possible mitigation for pollution or diminution | 13 | | of water resources. The Illinois State Water Survey and the | 14 | | Environmental Protection Agency shall provide the county | 15 | | board or governing body with all available information and | 16 | | include a summary of the information for use by the county | 17 | | board or governing body. | 18 | | (6) The county board or governing body shall consult | 19 | | with the Environmental Protection Agency about any risks | 20 | | and possible mitigation for air pollution and water and | 21 | | soil contamination on and around the well site, and any | 22 | | soil and water contamination issues related to | 23 | | transportation to and from the well site. The Environmental | 24 | | Protection Agency shall provide the county board or | 25 | | governing body with all available information and include a | 26 | | summary of the information for use by the county board or |
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| 1 | | governing body. | 2 | | (7) The county board or governing body shall consult | 3 | | with Illinois Emergency Management Agency, the Illinois | 4 | | Department of Transportation, the Department of State | 5 | | Police, and the Illinois Fire Marshal about the risks and | 6 | | possible mitigation of accidents, damage to property, | 7 | | personal injury, transportation to and from the well site, | 8 | | natural disasters, and criminal acts that may affect the | 9 | | operations described on the permit application for the well | 10 | | site and fracturing operations. The Illinois Emergency | 11 | | Management Agency, the Illinois Department of | 12 | | Transportation, the Department of State Police, and the | 13 | | Illinois Fire Marshal shall provide the county board or | 14 | | governing body with all available information and include a | 15 | | summary of the information for use by the county board or | 16 | | governing body. | 17 | | (8) The county board or governing body shall consult | 18 | | with the Department of Public Health about any public | 19 | | health risks and possible mitigation that might occur with | 20 | | the well site and the well site operations, with particular | 21 | | attention to the public health risks to pregnant women, | 22 | | infants and children, the disabled, the hearing and sight | 23 | | impaired, and persons with cardiovascular disease or | 24 | | respiratory disease. The Department of Public Health shall | 25 | | provide the county board or governing body with all | 26 | | available information and include a summary of the |
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| 1 | | information for use by the county board or governing body. | 2 | | (9) The county board or governing body shall consult | 3 | | with the Department and Illinois State Geological Survey | 4 | | about the risks and possible mitigation of induced | 5 | | seismicity from the well site, including Class II injection | 6 | | wells that the applicant has indicated on the application. | 7 | | The Department and the Illinois State Geological Survey | 8 | | shall provide the county board or governing body with all | 9 | | available information and include a summary of the | 10 | | information for use by the county board or governing body. | 11 | | (10) All of the consultations listed in items (5) | 12 | | through (9) shall be conducted by the county board or | 13 | | governing body prior to approving or denying the request | 14 | | for consent for a well site and fracturing operations and | 15 | | prior to the public meeting regarding the approval or | 16 | | denial of the request for consent for the well site and | 17 | | fracturing operations in its jurisdiction. A summary of | 18 | | these consultations shall be prepared by the county board | 19 | | or governing body and be made public as soon as convenient | 20 | | through the customary public notice format for the county | 21 | | board or governing body. The summary of the consultation | 22 | | with the Department and each State agency under this | 23 | | Section shall be made available to the public by the county | 24 | | board or governing body at the public meeting regarding the | 25 | | approval or denial of the request for consent of the well | 26 | | site and fracturing operations. |
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| 1 | | (11) If the county board or the governing body | 2 | | determines that further consultations, public meetings, | 3 | | public hearings, expert testimony, site visits, research, | 4 | | and deliberations are necessary, it shall schedule and | 5 | | conduct any and all investigations according to all | 6 | | applicable State and local laws and ordinances. No deadline | 7 | | is imposed upon the approval or denial of the request for | 8 | | consent for a well site and fracturing operations. | 9 | | (12) The county board or governing body shall develop a | 10 | | method of timely notification to the public and interested | 11 | | residents in the local jurisdiction about further details | 12 | | and announcements pertaining to the well site and | 13 | | fracturing operations, including any notifications of: (A) | 14 | | approval or denial of the request for consent, (B) further | 15 | | local investigations, studies, expert opinions and | 16 | | consultations; (C) accidents, blow outs, fires, incidents, | 17 | | violations, fines, public health notices, noise alerts, | 18 | | traffic pattern alerts, traffic accidents, crime alerts, | 19 | | and emergency planning, and (D) notices about water | 20 | | contamination, diminution, air pollution, and induced | 21 | | seismicity and radioactivity levels. This information | 22 | | shall be posted on the Internet website of the county board | 23 | | or governing body and shall clearly state that it relates | 24 | | to the well site and fracturing operations. | 25 | | (13) The county board or governing body that is | 26 | | considering the approval or denial of a request for consent |
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| 1 | | for a well site and fracturing operations within its | 2 | | jurisdiction shall deliberate on all of the information | 3 | | provided to it from each of the State agencies and shall | 4 | | determine the following: | 5 | | (A) whether the well site and the well site | 6 | | operations are located and proposed to be operated in a | 7 | | way that maximizes the protection of the public health, | 8 | | safety, and welfare; | 9 | | (B) whether the well site and fracturing | 10 | | operations are located and proposed to be operated in a | 11 | | way that ensures reasonable safety for domesticated | 12 | | animals, livestock, and wildlife in the locality; | 13 | | (C) whether the well site and fracturing | 14 | | operations are located and proposed in a way that | 15 | | minimizes incompatibility with the character of the | 16 | | surrounding area, minimizes the effect on the value of | 17 | | the surrounding property, and whether local zoning | 18 | | ordinances and special use permits have been | 19 | | considered; | 20 | | (D) whether the well site and fracturing | 21 | | operations are located and proposed to be operated | 22 | | outside the boundary of the 100 year flood plain; | 23 | | (E) whether the well site and fracturing | 24 | | operations are located and proposed to be operated in a | 25 | | way that minimizes the danger to the surrounding area | 26 | | from fire, spills, blowouts, traffic accidents, |
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| 1 | | induced seismicity, radioactivity exposure, excessive | 2 | | and dangerous noise levels, light pollution, water | 3 | | contamination, or other operational accidents; | 4 | | (F) whether the well site and fracturing | 5 | | operations are located and proposed to be operated in a | 6 | | way that ensures that traffic patterns to or from the | 7 | | well site are designed to minimize the impact on | 8 | | existing traffic flows; and | 9 | | (G) whether the well site and fracturing | 10 | | operations are located and proposed to be operated in a | 11 | | way that ensures that the treating, storing, | 12 | | transporting or disposing of TENORM, low level | 13 | | radioactive waste, hazardous waste, and chemical | 14 | | spillage is in compliance with all State and local laws | 15 | | and that an emergency response plan exists for the well | 16 | | site and fracturing operations which includes | 17 | | notification, containment, and evacuation procedures | 18 | | to be used in case of an accidental release. | 19 | | (14) The county board or the governing body of the | 20 | | city, village, or incorporated town shall also consider as | 21 | | evidence the previous operating experience and past record | 22 | | of convictions or admissions of violations of the applicant | 23 | | for the permit for a well site, and any subsidiary or | 24 | | parent corporation, in the field of high volume hydraulic | 25 | | fracturing or horizontal drilling with fracturing | 26 | | operations. |
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| 1 | | (15) A county board or governing body may conduct a | 2 | | siting review under this Section and charge the applicant a | 3 | | reasonable fee for the reasonable and necessary costs | 4 | | incurred by the county board, city, village, or | 5 | | incorporated town in the siting review process. | 6 | | (16) A county board or governing body may request the | 7 | | Illinois Department of Transportation to perform traffic | 8 | | impact studies of the proposed well site and fracturing | 9 | | operations. | 10 | | (17) An applicant may not file a request for consent | 11 | | for a well site and fracturing operations which is | 12 | | substantially the same as a request that was denied within | 13 | | the preceding 2 years. | 14 | | (18) Any county board or governing body shall, within 7 | 15 | | business days before approving or denying a request for | 16 | | consent for a well site and fracturing operations to be | 17 | | located within their jurisdictions, make available a | 18 | | summary report in the customary public notice format with | 19 | | instructions to the public regarding submission of final | 20 | | public comment on the approval or denial of the request for | 21 | | consent, including summaries of the siting plans for the | 22 | | well as described in the permit application, the fresh | 23 | | water withdrawal and management plan, the waste management | 24 | | plans, the traffic plans and anticipated routes, plans for | 25 | | emergency management of accidents, fires, blowouts, or | 26 | | chemical spills, feedback and concerns from the public, and |
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| 1 | | any information obtained from the consultations with the | 2 | | Department and other State agencies. The report shall | 3 | | include the reasons that the county board or governing body | 4 | | is considering approval or denial of the request to consent | 5 | | to the well site and fracturing operations. | 6 | | (19) If approved, a signed certified consent | 7 | | authorized by the county board or governing body shall be | 8 | | sent to the Department by certified mail to be included in | 9 | | the permit application. No permit shall be issued unless | 10 | | the certified signed consent is secured and filed with the | 11 | | permit application. | 12 | | (20) Once a permit is issued, the county board or | 13 | | governing body shall consult with the Department and local | 14 | | emergency personnel, including the Department of State | 15 | | Police, once every 4 months regarding the progress of the | 16 | | application and fracturing operations at the well site, any | 17 | | ongoing emergency or traffic management issues, ongoing | 18 | | public health issues, and any ongoing production issues | 19 | | until production has ended at that well site and the site | 20 | | has been remediated and the well has been capped. The | 21 | | county board or governing body shall update its Internet | 22 | | website or otherwise inform the public regarding these | 23 | | updates about the well site, fracturing operations, and | 24 | | production operations every 6 months. | 25 | | (21) In the event that an amended location is selected, | 26 | | the original permit and certified signed consent shall be |
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| 1 | | invalid. A new certified consent, including compliance | 2 | | with all provisions of this Section, shall be filed for the | 3 | | amended location. | 4 | | (d) The hydraulic fracturing or horizontal drilling with | 5 | | fracturing operations permit application shall be accompanied | 6 | | by a bond as required by subsection (a) of Section 1-65 of this | 7 | | Act.
| 8 | | (e) Each application for a permit under this Act shall | 9 | | include payment of a non-refundable fee of $13,500. Of this | 10 | | fee, $11,000 shall be deposited into the Mines and Minerals | 11 | | Regulatory Fund for the Department to use to administer and | 12 | | enforce this Act and otherwise support the operations and | 13 | | programs of the Office of Mines and Minerals. The remaining | 14 | | $2,500 shall be deposited into the Illinois Clean Water Fund | 15 | | for the Agency to use to carry out its functions under this | 16 | | Act. The Department shall not initiate its review of the permit | 17 | | application until the applicable fee under this subsection (e) | 18 | | has been submitted to and received by the Department.
| 19 | | (f) Each application submitted under this Act shall be | 20 | | signed, under the penalty of perjury, by the applicant or the | 21 | | applicant's designee who has been vested with the authority to | 22 | | act on behalf of the applicant and has direct knowledge of the | 23 | | information contained in the application and its attachments. | 24 | | Any person signing an application shall also sign an affidavit | 25 | | with the following certification:
| 26 | | "I certify, under penalty of perjury as provided by law |
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| 1 | | and under penalty of refusal, suspension, or revocation of | 2 | | a high volume horizontal hydraulic fracturing or | 3 | | horizontal drilling with fracturing permit, that this | 4 | | application and all attachments are true, accurate, and | 5 | | complete to the best of my knowledge.".
| 6 | | (g) The permit application shall be submitted to the | 7 | | Department in both electronic and hard copy format. The | 8 | | electronic format shall be searchable.
| 9 | | (h) The application for a high volume horizontal hydraulic | 10 | | fracturing or horizontal drilling with fracturing permit may be | 11 | | submitted as a combined permit application with the operator's | 12 | | application to drill on a form as the Department shall | 13 | | prescribe. The combined application must include the | 14 | | information required in this Section. If the operator elects to | 15 | | submit a combined permit application, information required by | 16 | | this Section that is duplicative of information required for an | 17 | | application to drill is only required to be provided once as | 18 | | part of the combined application. The submission of a combined | 19 | | permit application under this subsection shall not be | 20 | | interpreted to relieve the applicant or the Department from | 21 | | complying with the requirements of this Act or the Illinois Oil | 22 | | and Gas Act.
| 23 | | (i) Upon receipt of a permit application, the Department | 24 | | shall have no more than 60 calendar days from the date it | 25 | | receives the permit application to approve, with any conditions | 26 | | the Department may find necessary, or reject the application |
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| 1 | | for the high volume horizontal hydraulic fracturing or | 2 | | horizontal drilling with fracturing permit. The applicant may | 3 | | waive, in writing, the 60-day deadline upon its own initiative | 4 | | or in response to a request by the Department.
| 5 | | (j) If at any time during the review period the Department | 6 | | determines that the permit application is not complete under | 7 | | this Act, does not meet the requirements of this Section, or | 8 | | requires additional information, the Department shall notify | 9 | | the applicant in writing of the application's deficiencies and | 10 | | allow the applicant to correct the deficiencies and provide the | 11 | | Department any information requested to complete the | 12 | | application. If the applicant fails to provide adequate | 13 | | supplemental information within the review period, the | 14 | | Department may reject the application.
| 15 | | (Source: P.A. 98-22, eff. 6-17-13; revised 11-12-13.) | 16 | | (225 ILCS 732/1-40)
| 17 | | Sec. 1-40. Public notice. | 18 | | (a) Within 5 calendar days after the Department's receipt | 19 | | of the completed high volume horizontal hydraulic fracturing or | 20 | | horizontal drilling with fracturing application, the | 21 | | Department shall post notice of its receipt and a copy of the | 22 | | permit application on its website. The notice shall include the | 23 | | dates of the public comment period and directions for | 24 | | interested parties to submit comments.
| 25 | | (b) Within 5 calendar days after the Department's receipt |
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| 1 | | of the completed permit application and notice to the applicant | 2 | | that the high volume horizontal hydraulic fracturing or | 3 | | horizontal drilling with fracturing permit application was | 4 | | received, the Department shall provide the Agency, the Office | 5 | | of the State Fire Marshal, Illinois State Water Survey, the | 6 | | Department of Public Health, the Illinois Emergency Management | 7 | | Agency, and Illinois State Geological Survey with notice of the | 8 | | application.
| 9 | | (c) The applicant shall provide the following public | 10 | | notice: | 11 | | (1) Applicants shall mail specific public notice by | 12 | | U.S. Postal Service certified mail, return receipt | 13 | | requested, within 3 calendar days after submittal of the | 14 | | completed high volume horizontal hydraulic fracturing or | 15 | | horizontal drilling with fracturing permit application to | 16 | | the Department, to all persons identified as owners of real | 17 | | property within 1,500 feet of the proposed well site, as | 18 | | disclosed by the records in the office of the recorder of | 19 | | the county or counties, and to each municipality and county | 20 | | in which the well site is proposed to be located.
| 21 | | (2) Except as otherwise provided in this paragraph (2) | 22 | | of subsection (c), applicants shall provide general public | 23 | | notice by publication, once each week for 2 consecutive | 24 | | weeks, beginning no later than 3 calendar days after | 25 | | submittal of the completed high volume horizontal | 26 | | hydraulic fracturing or horizontal drilling with |
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| 1 | | fracturing permit application to the Department, in a | 2 | | newspaper of general circulation published in each county | 3 | | where the well proposed for high volume hydraulic | 4 | | fracturing operations or horizontal drilling with | 5 | | fracturing operations is proposed to be located.
| 6 | | If a well is proposed for high volume hydraulic | 7 | | fracturing operations or horizontal drilling with | 8 | | fracturing operations in a county where there is no daily | 9 | | newspaper of general circulation, applicant shall provide | 10 | | general public notice, by publication, once each week for 2 | 11 | | consecutive weeks, in a weekly newspaper of general | 12 | | circulation in that county beginning as soon as the | 13 | | publication schedule of the weekly newspaper permits, but | 14 | | in no case later than 10 days after submittal of the | 15 | | completed high volume hydraulic fracturing or horizontal | 16 | | drilling with fracturing permit application to the | 17 | | Department. | 18 | | (3) The specific and general public notices required | 19 | | under this subsection shall contain the following | 20 | | information:
| 21 | | (A) the name and address of the applicant;
| 22 | | (B) the date the application for a completed high | 23 | | volume horizontal hydraulic fracturing or horizontal | 24 | | drilling with fracturing permit was filed;
| 25 | | (C) the dates for the public comment period and a | 26 | | statement that anyone may file written comments about |
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| 1 | | any portion of the applicant's submitted completed | 2 | | high volume horizontal hydraulic fracturing or | 3 | | horizontal drilling with fracturing permit application | 4 | | with the Department during the public comment period;
| 5 | | (D) the proposed well name, reference number | 6 | | assigned by the Department, and the address and legal | 7 | | description of the well site and its unit area;
| 8 | | (E) a statement that the information filed by the | 9 | | applicant in their application for a completed high | 10 | | volume horizontal hydraulic fracturing or horizontal | 11 | | drilling with fracturing permit is available from the | 12 | | Department through its website;
| 13 | | (F) the Department's website and the address and | 14 | | telephone number for the Department's Oil and Gas | 15 | | Division;
| 16 | | (G) a statement that any person having an interest | 17 | | that is or may be adversely affected, any government | 18 | | agency that is or may be affected, or the county board | 19 | | of a county to be affected under a proposed permit, may | 20 | | file written objections to a permit application and may | 21 | | request a public hearing.
| 22 | | (d) After providing the public notice as required under | 23 | | paragraph (2) of subsection (c) of this Section, the applicant | 24 | | shall supplement its permit application by providing the | 25 | | Department with a certification and documentation that the | 26 | | applicant fulfilled the public notice requirements of this |
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| 1 | | Section. The Department shall not issue a permit until the | 2 | | applicant has provided the supplemental material required | 3 | | under this subsection.
| 4 | | (e) If multiple applications are submitted at the same time | 5 | | for wells located on the same well site, the applicant may use | 6 | | one public notice for all applications provided the notice is | 7 | | clear that it pertains to multiple applications and conforms to | 8 | | the requirements of this Section. Notice shall not constitute | 9 | | standing for purposes of requesting a public hearing or for | 10 | | standing to appeal the decision of the Department in accordance | 11 | | with the Administrative Review Law.
| 12 | | (Source: P.A. 98-22, eff. 6-17-13.) | 13 | | (225 ILCS 732/1-45)
| 14 | | Sec. 1-45. Public comment periods. | 15 | | (a) The public comment period shall begin 7 calendar days | 16 | | after the Department's receipt of the completed permit | 17 | | application with any and all required information officially | 18 | | submitted to the Department. The public comment period shall | 19 | | and last for 60 30 calendar days.
| 20 | | (b) Where a public hearing is conducted under Section 1-50 | 21 | | of this Act, the Department shall may provide for an additional | 22 | | public comment period of 20 15 days as necessary to allow for | 23 | | comments in response to evidence and testimony presented at the | 24 | | hearing. The additional public comment period shall be added to | 25 | | the original 60-day public comment period for a total of 80 |
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| 1 | | days begin on the day after the public hearing .
| 2 | | (c) During any public comment period, any person may file | 3 | | written comments to the Department concerning any portion of | 4 | | the permit application and any issue relating to the | 5 | | applicant's compliance with the requirements of the Act and any | 6 | | other applicable laws.
| 7 | | (d) The Department shall may request that the applicant | 8 | | respond to any documented substantive public comments obtained | 9 | | during the public comment period.
| 10 | | (Source: P.A. 98-22, eff. 6-17-13.) | 11 | | (225 ILCS 732/1-50)
| 12 | | Sec. 1-50. High volume horizontal hydraulic fracturing or | 13 | | horizontal drilling with fracturing operations permit; | 14 | | hearing. | 15 | | (a) When a permit application is submitted to conduct high | 16 | | volume horizontal hydraulic fracturing operations or | 17 | | horizontal drilling with fracturing operations for the first | 18 | | time at a particular well site, any person having an interest | 19 | | that is or may be adversely affected, any government agency | 20 | | that is or may be affected, or the county board of a county to | 21 | | be affected under a proposed permit, may file written | 22 | | objections to the permit application and may request a public | 23 | | hearing during the public comment period established under | 24 | | subsection (a) of Section 1-45 of this Act. The request for | 25 | | hearing shall contain a short and plain statement identifying |
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| 1 | | the person and stating facts demonstrating that the person has | 2 | | an interest that is or may be adversely affected. The | 3 | | Department shall hold a public hearing upon a request under | 4 | | this subsection, unless the request is determined by the | 5 | | Department to lack any adequate factual statement that the | 6 | | person is or may be adversely affected (i) lack an adequate | 7 | | factual statement that the person is or may be adversely | 8 | | affected or (ii) be frivolous .
| 9 | | (b) Prior to the commencement of a public hearing under | 10 | | this Section, any person who could have requested the hearing | 11 | | under subsection (a) of this Section may petition the | 12 | | Department to participate in the hearing in the same manner as | 13 | | the party requesting the hearing. The petition shall contain a | 14 | | short and plain statement identifying the petitioner and | 15 | | stating facts demonstrating that the petitioner is a person | 16 | | having an interest that is or may be adversely affected. The | 17 | | petitioner shall serve the petition upon the Department. Unless | 18 | | the Department determines that the petition is frivolous, or | 19 | | that the petitioner has failed to allege facts in support of an | 20 | | interest that is or may be adversely affected, the petitioner | 21 | | shall be allowed to participate in the hearing in the same | 22 | | manner as the party requesting the hearing.
The petitioner, if | 23 | | denied participation in the hearing, may appeal the decision to | 24 | | the Director and receive a written response. | 25 | | (c) The public hearing to be conducted under this Section | 26 | | shall comply with the contested case requirements of the |
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| 1 | | Illinois Administrative Procedure Act. The Department shall | 2 | | establish rules and procedures to determine whether any request | 3 | | for a public hearing may be granted in accordance with | 4 | | subsection (a) of this Section, and for the notice and conduct | 5 | | of the public hearing. These procedural rules shall include | 6 | | provisions for reasonable notice to (i) the public and (ii) all | 7 | | parties to the proceeding, which include the applicant, the | 8 | | persons requesting the hearing, and the persons granted the | 9 | | right to participate in the hearing pursuant to subsection (b) | 10 | | of this Section, for the qualifications, powers, and | 11 | | obligations of the hearing officer, and for reasonable | 12 | | opportunity for all the parties to provide evidence and | 13 | | argument, to respond by oral or written testimony to statements | 14 | | and objections made at the public hearing, and for reasonable | 15 | | cross-examination of witnesses. County boards , governing | 16 | | bodies of municipalities, villages, and incorporated towns, | 17 | | and the public may present their written objections or | 18 | | recommendations at the public hearing. A complete record of the | 19 | | hearings and all testimony shall be made by the Department and | 20 | | recorded stenographically or electronically. The complete | 21 | | record shall be maintained and shall be accessible to the | 22 | | public on the Department's website until final release of the | 23 | | applicant's performance bond.
| 24 | | (d) At least 21 10 calendar days before the date of the | 25 | | public hearing, the Department shall publish notice of the | 26 | | public hearing in a newspaper of general circulation published |
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| 1 | | in the county where the proposed well site will be located.
| 2 | | (Source: P.A. 98-22, eff. 6-17-13.)
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