Full Text of SB3626 102nd General Assembly
SB3626enr 102ND GENERAL ASSEMBLY |
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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 Solid Waste Site Operator Certification Law | 5 | | is amended by changing Sections 1004, 1005, 1006, 1007, 1009, | 6 | | 1010, and 1011 as follows:
| 7 | | (225 ILCS 230/1004) (from Ch. 111, par. 7854)
| 8 | | Sec. 1004. Prohibition. Beginning January 1, 1992, no | 9 | | person shall
cause or allow the operation of a landfill | 10 | | permitted or required to be
permitted by the Agency unless the | 11 | | landfill has on its operational staff at
least one natural | 12 | | person certified as competent by the Agency under the
| 13 | | provisions of this Act.
| 14 | | (a) For landfill sites which accept non-hazardous solid | 15 | | waste other than
clean construction or demolition debris , the | 16 | | landfill shall have a Class A
Solid Waste Site Operator | 17 | | certified by the Agency who is responsible for
directing | 18 | | landfill operations or supervising other operational staff in
| 19 | | performing landfill operations.
| 20 | | (b) (Blank). For landfill sites which accept only clean | 21 | | construction or
demolition debris, the landfill shall have a | 22 | | Class A or B Solid Waste Site
Operator certified by the Agency | 23 | | who is responsible for directing landfill
operations or |
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| 1 | | supervising other operational staff in performing landfill
| 2 | | operations.
| 3 | | (c) For landfill sites which accept special waste, the | 4 | | landfill shall
have a Class A Solid Waste Site Operator | 5 | | certified by the Agency who has
received a certification | 6 | | endorsement for the acceptance of special waste
and who is | 7 | | responsible for directing landfill operations or supervising
| 8 | | other operational staff in performing landfill operations.
| 9 | | (Source: P.A. 86-1363.)
| 10 | | (225 ILCS 230/1005) (from Ch. 111, par. 7855)
| 11 | | Sec. 1005. Agency authority. The Agency is authorized to | 12 | | exercise
the following functions, powers and duties with | 13 | | respect to solid waste site
operator certification:
| 14 | | (a) To conduct examinations , as well as to approve the | 15 | | use of examinations conducted by third parties, to | 16 | | ascertain the qualifications of applicants
for | 17 | | certificates of competency as solid waste site operators;
| 18 | | (b) To conduct courses of training on the practical | 19 | | aspects of the design,
operation and maintenance of | 20 | | sanitary landfills;
| 21 | | (c) To issue a certificate to any applicant who has | 22 | | satisfactorily met all
the requirements pertaining to a | 23 | | certificate of competency as a solid waste
site operator;
| 24 | | (d) To suspend, revoke or refuse to issue any | 25 | | certificate for any one or
any combination of the |
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| 1 | | following causes:
| 2 | | (1) The practice of any fraud or deceit in | 3 | | obtaining or attempting to
obtain a certificate of | 4 | | competency;
| 5 | | (2) Negligence or misconduct in the operation of a | 6 | | sanitary landfill;
| 7 | | (3) Repeated failure to comply with any of the | 8 | | requirements applicable
to the operation of a sanitary | 9 | | landfill, except for Board requirements
applicable to | 10 | | the collection of litter;
| 11 | | (4) Repeated violations of federal, State or local | 12 | | laws, regulations,
standards, or ordinances regarding | 13 | | the operation of refuse disposal
facilities or sites;
| 14 | | (5) For a holder of a certificate, conviction in | 15 | | this or another State of any crime which is a felony
| 16 | | under the laws of this State or conviction of a felony | 17 | | in a federal court; for an applicant, consideration of | 18 | | such conviction shall be in accordance with Section | 19 | | 1005-1;
| 20 | | (6) Proof of gross carelessness or incompetence in | 21 | | handling, storing,
processing, transporting, or | 22 | | disposing of any hazardous waste; or
| 23 | | (7) Being declared to be a person under a legal | 24 | | disability by a court
of competent jurisdiction and | 25 | | not thereafter having been lawfully declared
to be a | 26 | | person not under legal disability or to have |
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| 1 | | recovered.
| 2 | | (e) To adopt rules necessary to perform its functions, | 3 | | powers, and duties
with respect to solid waste site | 4 | | operator certifications.
| 5 | | (Source: P.A. 100-286, eff. 1-1-18 .)
| 6 | | (225 ILCS 230/1006) (from Ch. 111, par. 7856)
| 7 | | Sec. 1006. Certification classifications . Solid Waste Site | 8 | | Operators
shall be certified in accordance with the following | 9 | | classifications :
| 10 | | (a) Class "A" Solid Waste Site Operator certificates shall | 11 | | be issued to
those persons who in accordance with the | 12 | | provisions of this Section
demonstrate a practical working | 13 | | knowledge of the design, operation, and
maintenance of | 14 | | sanitary landfills in the following areas:
| 15 | | (1) unloading, spreading, and compacting of waste, | 16 | | litter collection,
and vector abatement;
| 17 | | (2) traffic control of vehicles delivering waste;
| 18 | | (3) application, maintenance, and inspection of cover | 19 | | and cover
requirements under Board rules and Agency | 20 | | permits;
| 21 | | (4) fire control, on-site personnel safety | 22 | | requirements, and
contingency plan implementation;
| 23 | | (5) leachate control operation, leachate management, | 24 | | and landfill
gas management;
| 25 | | (6) identification of classes of waste;
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| 1 | | (7) causes for revocation or suspension of | 2 | | certificates;
| 3 | | (8) reporting and recordkeeping required by Board and | 4 | | Agency
regulations and Agency permits;
| 5 | | (9) financial assurance and groundwater monitoring | 6 | | requirements;
| 7 | | (10) development and implementation of contingency | 8 | | plans, closure
plans, post closure plans, and corrective | 9 | | action; and
| 10 | | (11) requirements for payment of fees.
| 11 | | (b) (Blank). Class "B" Solid Waste Operator Certificates | 12 | | shall be issued to those
persons who demonstrate a practical | 13 | | working knowledge of the design,
operation, and maintenance of | 14 | | landfill sites accepting only clean
construction or demolition | 15 | | debris in the following areas:
| 16 | | (1) unloading and spreading of waste;
| 17 | | (2) traffic control of vehicles delivering waste;
| 18 | | (3) application, maintenance, and inspection of cover | 19 | | and cover
requirement under Board rules and Agency | 20 | | permits;
| 21 | | (4) fire control, on-site personnel safety segments | 22 | | and contingency
plan implementation;
| 23 | | (5) leachate control operation and leachate | 24 | | management;
| 25 | | (6) identification of classes of waste;
| 26 | | (7) causes for revocation or suspension of |
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| 1 | | certificates;
| 2 | | (8) reporting and recordkeeping required by Board and | 3 | | Agency
regulations and Agency permits;
| 4 | | (9) financial assurance and groundwater requirements; | 5 | | and
| 6 | | (10) development and implementation of contingency | 7 | | plans, closure
plans, post closure plans, and corrective | 8 | | action.
| 9 | | (c) Special waste certificate endorsements shall be issued | 10 | | to those
persons who are certified as Class A Solid Waste Site | 11 | | Operators in
accordance with the provisions of this Section, | 12 | | and who demonstrate a
practical working knowledge of the | 13 | | design, operation, and maintenance of
sanitary landfills | 14 | | relative to the acceptance and disposal of special wastes.
| 15 | | (Source: P.A. 86-1363.)
| 16 | | (225 ILCS 230/1007) (from Ch. 111, par. 7857)
| 17 | | Sec. 1007. Qualifications. Every solid waste site operator | 18 | | certified
by the Agency shall be capable of performing his | 19 | | duties without endangering
the public health or the | 20 | | environment and without violating the requirements
applicable | 21 | | to operation of sanitary landfills; shall be able to read and
| 22 | | write English; shall produce evidence acceptable to the Agency | 23 | | as to his
ability to maintain and operate properly the | 24 | | structures and equipment
entrusted to his care; and shall | 25 | | satisfactorily demonstrate to the Agency a
practical working |
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| 1 | | knowledge of the design, operation, and maintenance of
| 2 | | sanitary landfills appropriate to the classification for which
| 3 | | certification is sought . In addition, persons shall be | 4 | | certified as Class
"A" or Class "B" based on level of | 5 | | competency determined by examination and
in accordance with | 6 | | educational and experience levels as follows:
| 7 | | (a) Class "A" Certificates.
| 8 | | (1) Graduation from high school or equivalent and not | 9 | | less than 2
years of acceptable study, training, and | 10 | | responsible experience in sanitary
landfill operation or | 11 | | management, or not less than 7 years of acceptable
study | 12 | | training and responsible experience in operation or | 13 | | management of
earth moving equipment; or
| 14 | | (2) Grammar school completion or equivalent and not | 15 | | less than 15 years
of acceptable study, training, and | 16 | | responsible experience in sanitary
landfill operation or | 17 | | management.
| 18 | | (b) Class "B" Certificates.
| 19 | | (1) Graduation from high school or equivalent and not | 20 | | less than 6
months of acceptable study, training, and | 21 | | responsible experience in
sanitary landfill operation or | 22 | | management, or not less than 3 years of
acceptable study | 23 | | training and responsible experience in operation or
| 24 | | management of earth moving equipment; or
| 25 | | (2) Grammar school completion or equivalent and not | 26 | | less than 5 years
of acceptable study, training, and |
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| 1 | | responsible experience in sanitary
landfill operation or | 2 | | management.
| 3 | | (Source: P.A. 86-1363.)
| 4 | | (225 ILCS 230/1009) (from Ch. 111, par. 7859)
| 5 | | Sec. 1009. Examinations.
| 6 | | (a) Applicants shall undergo examinations Examinations | 7 | | provided or approved by the Agency
shall be given to | 8 | | applicants for the purpose of determining if the
applicants | 9 | | can demonstrate a practical working knowledge of the design,
| 10 | | operation, and maintenance of sanitary landfills appropriate | 11 | | to the
classification for which certification is sought . No | 12 | | certificate shall be
issued prior to successful completion of | 13 | | the applicable examination.
| 14 | | (b) Examinations shall be conducted or approved by the | 15 | | Agency , and shall be held not
less frequently than annually . | 16 | | The Agency shall maintain on its website information regarding | 17 | | the examinations , at times and places prescribed by the
| 18 | | Agency, of which applicants shall be notified in writing .
| 19 | | (Source: P.A. 86-1363.)
| 20 | | (225 ILCS 230/1010) (from Ch. 111, par. 7860)
| 21 | | Sec. 1010. Certificates.
| 22 | | (a) The Solid Waste Site Operator
Certificate shall | 23 | | certify the competency of the applicant within the class
of | 24 | | the certificate issued, and shall show the full name of the |
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| 1 | | applicant,
have an identifying number, and be signed by the | 2 | | Director.
| 3 | | (b) Certificates shall be issued for a period of 3 years, | 4 | | with the
expiration date being 3 years from the first day of | 5 | | October of the calendar
year in which the certificate is | 6 | | issued.
| 7 | | (c) Every 3 years, on or before the October 1 expiration, a | 8 | | certified
solid waste site operator shall renew his | 9 | | certificate of competency and pay
the required renewal fee. A | 10 | | grace period for renewal will be granted until
November 1 of | 11 | | that year before the reinstatement penalty is assessed.
| 12 | | (d) At the time of certificate renewal, the applicant | 13 | | shall certify the completion of 15 hours of continuing | 14 | | education covering the operation of landfills during the | 15 | | preceding 3 years. Continuing education used to satisfy this | 16 | | subsection must be approved by the Agency and must cover the | 17 | | design, operation, and maintenance of sanitary landfills as | 18 | | set forth in Section 1006 of this Act, and for certificates | 19 | | that include a special waste endorsement, continuing education | 20 | | must cover the operation of landfills relative to the | 21 | | acceptance and disposal of special wastes demonstrate
| 22 | | competency in the same manner as a new applicant .
| 23 | | (Source: P.A. 86-1363.)
| 24 | | (225 ILCS 230/1011) (from Ch. 111, par. 7861)
| 25 | | Sec. 1011. Fees.
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| 1 | | (a) Fees for the issuance or renewal of a Solid
Waste Site | 2 | | Operator Certificate shall be as follows:
| 3 | | (1)(A) $400 for issuance or renewal for Class A Solid | 4 | | Waste Site
Operators; | 5 | | (B) (blank); and $200 for issuance or renewal for | 6 | | Class B Solid Waste Site
Operators; and | 7 | | (C) $100 for issuance or renewal for special waste | 8 | | endorsements.
| 9 | | (2) If the fee for renewal is not paid within the grace | 10 | | period the
above fees for renewal shall each be increased by $ | 11 | | 50.
| 12 | | (b) (Blank). Before the effective date of this amendatory | 13 | | Act of the 98th General Assembly, all fees collected by the | 14 | | Agency under this Section shall be
deposited into the | 15 | | Hazardous Waste Occupational Licensing Fund. The Agency
is | 16 | | authorized to use monies in the Hazardous Waste Occupational | 17 | | Licensing Fund to perform its functions, powers,
and duties | 18 | | under this Section.
| 19 | | (c) All On and after the effective date of this amendatory | 20 | | Act of the 98th General Assembly, all fees collected by the | 21 | | Agency under this Section shall be deposited into the | 22 | | Environmental Protection Permit and Inspection Fund to be used | 23 | | in accordance with the provisions of subsection (a) of Section | 24 | | 22.8 of the Environmental Protection Act. | 25 | | (Source: P.A. 98-692, eff. 7-1-14; 98-822, eff. 8-1-14.)
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| 1 | | Section 10. The Illinois Oil and Gas Act is amended by | 2 | | changing Sections 1, 8c, 14, and 19.7 and by adding Section 8e | 3 | | as follows:
| 4 | | (225 ILCS 725/1) (from Ch. 96 1/2, par. 5401)
| 5 | | Sec. 1.
Unless the context otherwise requires, the words | 6 | | defined in this
Section have the following meanings as used in | 7 | | this Act.
| 8 | | "Person" means any natural person, corporation, | 9 | | association,
partnership, governmental agency or other legal | 10 | | entity, receiver, trustee,
guardian, executor, administrator, | 11 | | fiduciary or representative of any kind.
| 12 | | "Oil" means natural crude oil or petroleum and other | 13 | | hydrocarbons,
regardless of gravity, which are produced at the | 14 | | well in liquid form by
ordinary production methods or by the | 15 | | use of an oil and gas separator and
which are not the result of | 16 | | condensation of gas after it leaves the
underground reservoir.
| 17 | | "Gas" means all natural gas, including casinghead gas, and | 18 | | all other
natural hydrocarbons not defined above as oil.
| 19 | | "Pool" means a natural, underground reservoir containing | 20 | | in whole or in
part, a natural accumulation of oil or gas, or | 21 | | both. Each productive zone
or stratum of a general structure, | 22 | | which is completely separated from any
other zone or stratum | 23 | | in the structure, is deemed a separate "pool" as used
herein.
| 24 | | "Field" means the same general surface area which is | 25 | | underlaid or
appears to be underlaid by one or more pools.
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| 1 | | "Permit" means the Department's written authorization | 2 | | allowing a well
to be drilled, deepened, converted, or | 3 | | operated by an owner.
| 4 | | "Permittee" means the owner holding or required to hold | 5 | | the
permit, and
who is also responsible for paying assessments | 6 | | in accordance with Section
19.7 of this Act and, where | 7 | | applicable, executing and filing the bond
associated with the | 8 | | well as principal and who is responsible for compliance
with | 9 | | all statutory and regulatory requirements pertaining to the | 10 | | well.
| 11 | | When the right and responsibility for operating a well is | 12 | | vested in a
receiver or trustee appointed by a court of | 13 | | competent jurisdiction, the
permit shall be issued to the | 14 | | receiver or trustee.
| 15 | | "Orphan Well" means a well for which: (1) no fee | 16 | | assessment under
Section 19.7 of this Act has been paid or no | 17 | | other bond coverage has been
provided for 2 consecutive years; | 18 | | (2) no oil or gas has been produced from
the well or from the | 19 | | lease or unit on which the well is located for 2
consecutive | 20 | | years; and (3) no permittee or owner can be identified or
| 21 | | located by the Department. Orphaned wells include wells that | 22 | | may have been
drilled for purposes other than those for which a | 23 | | permit is required under
this Act if the well is a conduit for | 24 | | oil or salt water intrusions into
fresh water zones or onto the | 25 | | surface which may be caused by oil and gas
operations.
| 26 | | "Owner" means the person who has the right to drill into |
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| 1 | | and produce
from any pool, and to appropriate the production | 2 | | either for the person or for
the person and another, or others, | 3 | | or solely for others, excluding the
mineral owner's royalty if
| 4 | | the right to drill and produce has been granted under an oil | 5 | | and gas lease.
An owner may also be a person granted the right | 6 | | to drill and operate an
injection (Class II UIC) well | 7 | | independent of the right to drill for and produce
oil or gas. | 8 | | When the right to drill, produce, and appropriate production | 9 | | is
held by more than one person, then all persons holding these | 10 | | rights may
designate the owner by a written operating | 11 | | agreement or similar written
agreement. In the absence of such | 12 | | an agreement, and subject to the provisions
of Sections 22.2 | 13 | | and 23.1 through 23.16 of this Act, the owner shall be the
| 14 | | person designated in writing by a majority in interest of the | 15 | | persons holding
these rights.
| 16 | | "Department" means the Department of Natural Resources.
| 17 | | "Director" means the Director of Natural Resources.
| 18 | | "Mining Board" means the State Mining Board in the | 19 | | Department of Natural
Resources, Office of Mines
and Minerals.
| 20 | | "Mineral Owner's Royalty" means the share of oil and gas | 21 | | production
reserved in an oil and gas lease free of all costs | 22 | | by an owner of the
minerals whether denominated royalty or | 23 | | overriding royalty.
| 24 | | "Waste" means "physical waste" as that term is generally | 25 | | understood in
the oil and gas industry, and further includes:
| 26 | | (1) the locating, drilling, and producing of any oil |
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| 1 | | or gas well or wells
drilled contrary to the valid order, | 2 | | rules and regulations adopted by the
Department under the | 3 | | provisions of this Act;
| 4 | | (2) permitting the migration of oil, gas, or water | 5 | | from the stratum in
which it is found, into other strata, | 6 | | thereby ultimately resulting in the
loss of recoverable | 7 | | oil, gas or both;
| 8 | | (3) the drowning with water of any stratum or part | 9 | | thereof capable of
producing oil or gas, except for | 10 | | secondary recovery purposes;
| 11 | | (4) the unreasonable damage to underground, fresh or | 12 | | mineral water
supply, workable coal seams, or other | 13 | | mineral deposits in the operations
for the discovery, | 14 | | development, production, or handling of oil and gas;
| 15 | | (5) the unnecessary or excessive surface loss or | 16 | | destruction of oil or
gas resulting from evaporation, | 17 | | seepage, leakage or fire, especially such
loss or | 18 | | destruction incident to or resulting from the escape of | 19 | | gas into
the open air in excessive or unreasonable | 20 | | amounts, provided, however,
it shall not be unlawful for | 21 | | the operator
or owner of any well producing both oil and | 22 | | gas to burn such gas in flares
when such gas is, under the | 23 | | other provisions of this Act, lawfully
produced, and where | 24 | | there is no market at the well for such escaping gas;
and | 25 | | where the same is used for the extraction of casinghead | 26 | | gas, it shall
not be unlawful for the operator of the plant |
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| 1 | | after the process of
extraction is completed, to burn such | 2 | | residue in flares when there is no
market at such plant for | 3 | | such residue gas;
| 4 | | (6) permitting unnecessary fire hazards;
| 5 | | (7) permitting unnecessary damage to or destruction of | 6 | | the surface,
soil, animal, fish or aquatic life or | 7 | | property from oil or gas operations.
| 8 | | "Drilling Unit" means the surface area allocated by an | 9 | | order or
regulation of the Department to the drilling of a | 10 | | single well for the
production of oil or gas from an individual | 11 | | pool.
| 12 | | "Enhanced Recovery Method" means any method used in an | 13 | | effort to
recover hydrocarbons from a pool by injection of | 14 | | fluids, gases or other
substances to maintain, restore or | 15 | | augment natural reservoir energy, or by
introducing immiscible | 16 | | or miscible gases, chemicals, other substances or
heat or by | 17 | | in-situ combustion, or by any combination thereof.
| 18 | | "Well-Site Equipment" means any production-related | 19 | | equipment or materials
specific to the well, including motors, | 20 | | pumps, pump jacks, tanks, tank
batteries, separators, | 21 | | compressors, casing, tubing, and rods.
| 22 | | "Temporary abandonment status" means a well that has | 23 | | received an authorization for temporary abandonment status | 24 | | from the Department. | 25 | | (Source: P.A. 99-78, eff. 7-20-15.)
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| 1 | | (225 ILCS 725/8c) (from Ch. 96 1/2, par. 5414.1)
| 2 | | Sec. 8c.
(a) No person shall operate a liquid oil field
| 3 | | waste transportation system without a liquid oil field waste | 4 | | transportation
permit. The liquid oil field waste transporter | 5 | | assumes legal
responsibility for the liquid oil field waste | 6 | | when it first enters the
liquid oil field waste transportation | 7 | | system, until it is disposed of in a
manner authorized and | 8 | | approved by the Department.
| 9 | | (b) No person shall engage, employ or contract with any | 10 | | other person
except a permittee under this Section, to remove | 11 | | liquid oil field
waste from his premises.
| 12 | | (c) Every person who engages, employs or contracts with | 13 | | any other person
to remove liquid oil field waste from his | 14 | | premises shall maintain detailed
records of all such liquid | 15 | | oil field waste removal effectuated on forms
provided by the | 16 | | Department and shall submit such information in such
detail | 17 | | and with such frequency, as the Department may require.
| 18 | | (d) Before engaging in the business of removing liquid oil | 19 | | field
waste from the on-site collection point, a person shall | 20 | | apply for and
obtain a permit from the Department. The | 21 | | application shall be accompanied
by a permit fee of $150 $100 | 22 | | and by a surety bond covering the period and any
renewal | 23 | | thereof for which the permit is issued by a surety company
| 24 | | registered in the State, to indemnify the Department for the | 25 | | abatement of
pollution of waters which result from any | 26 | | improper disposal of liquid oil
field waste by the permittee. |
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| 1 | | The bonds shall be $10,000. The Department
shall be the | 2 | | obligee and the bond shall be for the benefit and purpose to
| 3 | | indemnify the State for the elimination of harmful or nuisance | 4 | | conditions
and for the abatement of any pollution of waters | 5 | | which result from the
improper disposal of liquid oil field | 6 | | waste by the permittee.
| 7 | | In lieu of the surety bond, the applicant may provide | 8 | | cash,
certificates of deposit, or irrevocable letters of | 9 | | credit under such terms
and conditions as the Department may | 10 | | provide by rule.
| 11 | | The surety of any bond posted for the issuance of a liquid | 12 | | oil
field waste transportation permit, upon 30 days notice in | 13 | | writing to the
Department and to the permittee, may cancel any | 14 | | such bond, but such
cancellation shall not affect any rights | 15 | | which shall have accrued on the
bond before the effective date | 16 | | of the cancellation.
| 17 | | (e) If the Department, after such investigation as it | 18 | | deems necessary,
is satisfied that the applicant has the | 19 | | qualifications, experience,
reputation, and equipment to | 20 | | perform the services in a manner not
detrimental to the public | 21 | | interest, in a way that will not cause unlawful
pollution of | 22 | | the waters of the State and meets the bonding requirements of
| 23 | | subsection (d), it shall issue a permit to the applicant.
| 24 | | (f) (1) All trucks or other vehicles used to transport or | 25 | | carry liquid
oil field waste shall carry a permit issued | 26 | | by the Department for
inspection by its representative or |
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| 1 | | any law enforcement agent. The
application for the vehicle | 2 | | permit shall state the make, model and year of
the vehicle | 3 | | as well as the capacity of the tank used in transporting | 4 | | liquid
oil field waste and such other information as the | 5 | | Department requires. Each
application shall be accompanied | 6 | | by a biennial permit fee of $150 $100
for each vehicle | 7 | | sought to be licensed, payable to the State, and if the
| 8 | | Department, after such investigation as it deems | 9 | | necessary, finds the truck
or vehicle and equipment is | 10 | | proper and adequate for the purpose, it shall
issue a | 11 | | permit for the use of the vehicle. The permit is not | 12 | | transferable
from one vehicle to another. The vehicle | 13 | | permit number shall be printed on
a decal furnished by the | 14 | | Department which shall designate the years for
which the | 15 | | permit was issued. This decal shall be affixed to the | 16 | | upper
right hand corner of the inside of the windshield.
| 17 | | (2) All vehicle permits shall be valid for 2 years. | 18 | | Application for
renewal of a permit must be made 30 days | 19 | | prior to the expiration date of
the permit. The fee for | 20 | | renewal shall be the same as for the original permit.
| 21 | | (g) (1) The tank shall be kept tightly closed in transit, | 22 | | to prevent
the escape of contents.
| 23 | | (2) The permittee shall dispose of all liquid oil | 24 | | field waste
in conformance with the provisions of this | 25 | | Section.
| 26 | | (3) The permittee shall not dispose of liquid oil |
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| 1 | | field waste
onto or into the ground except at locations | 2 | | specifically approved
and permitted by the Department. No | 3 | | liquid oil field waste shall
be placed in a location where | 4 | | it could enter any public or
private drain, pond, stream | 5 | | or other body of surface or ground water.
| 6 | | (h) Any person who violates or refuses to comply with any | 7 | | of the provisions
of this Section shall be subject to the | 8 | | provisions of Sections 8a and
19.1 of this Act. In addition, | 9 | | any person who gathers, handles, transports,
or disposes of | 10 | | liquid oil field waste without a liquid oil field waste
| 11 | | transportation permit or utilizes the services of an | 12 | | unpermitted person
shall upon conviction thereof by a court of | 13 | | competent jurisdiction be fined
not less than $2,000 for a | 14 | | violation and costs of prosecution, and in
default of payment | 15 | | of fine and costs, imprisoned for not less than 10 days
nor | 16 | | more than 30 days. When the violation is of a continuing | 17 | | nature, each
day upon which a violation occurs is a separate | 18 | | offense.
| 19 | | (i) For the purposes of this Section:
| 20 | | (1) "Liquid oil field waste" means oil field
brines, | 21 | | tank and pit bottom sediments, and drilling and completion
| 22 | | fluids, to the extent those wastes are now or hereafter | 23 | | exempt from the
provisions of Subtitle C of the federal | 24 | | Resource Conservation and Recovery
Act of 1976.
| 25 | | (2) "Liquid oil field waste transportation system" | 26 | | means all trucks
and other motor vehicles used to gather, |
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| 1 | | handle or transport liquid oil
field waste from the point | 2 | | of any surface on-site collection to any
subsequent | 3 | | off-site storage, utilization or disposal.
| 4 | | (Source: P.A. 87-744.)
| 5 | | (225 ILCS 725/8e new) | 6 | | Sec. 8e. Temporary abandonment status fees. | 7 | | (a) The Department shall assess and collect annual fees of | 8 | | $100 per well for each well that is in temporary abandonment | 9 | | status. | 10 | | (b) All annual fees collected pursuant to subsection (a) | 11 | | shall be deposited as follows: | 12 | | (1) one-half of all such fees shall be placed in the | 13 | | Plugging and Restoration Fund; and | 14 | | (2) one-half of all such fees shall be placed in the | 15 | | Landowner Grant Program.
| 16 | | (225 ILCS 725/14) (from Ch. 96 1/2, par. 5420)
| 17 | | Sec. 14.
Each application for a permit to drill, deepen, | 18 | | convert,
or amend shall be accompanied by the required fee of | 19 | | $400 , not to exceed $300, which
the Department shall establish | 20 | | by rule . The fee for an application for a permit to oil lease | 21 | | road shall be $150. A fee of $75 for the first 100 wells and | 22 | | $50 for each well in excess of 100 of $50 per well shall be | 23 | | paid by
the new owner for each transfer of well ownership. | 24 | | Except for the
assessments required to be deposited in the |
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| 1 | | Plugging and Restoration Fund
under Section 19.7 of this Act | 2 | | and any other deposits required to be deposited in the | 3 | | Plugging and Restoration Fund under this Act , all fees | 4 | | assessed and collected under this
Act shall be deposited in | 5 | | the Underground Resources Conservation Enforcement
Fund. The | 6 | | monies deposited into the Plugging and Restoration Fund or the | 7 | | Underground Resources Conservation Enforcement Fund under this | 8 | | Section shall not be subject to administrative charges or | 9 | | chargebacks unless otherwise authorized by this Act. | 10 | | On and after July 1, 2022, any fees that are created by or | 11 | | increased by this amendatory Act of the 102nd General Assembly | 12 | | in this Section shall be deposited into the Plugging and | 13 | | Restoration Fund.
| 14 | | (Source: P.A. 97-1136, eff. 1-1-13.)
| 15 | | (225 ILCS 725/19.7) (from Ch. 96 1/2, par. 5430.2)
| 16 | | Sec. 19.7.
The Department shall assess and collect annual | 17 | | well fees from each
permittee in the amount of $100 $75 per | 18 | | well for the first 100 wells and a $75 $50 fee for each well in | 19 | | excess of 100 for which a permit is required under this Act.
| 20 | | Fees shall be assessed for each calendar year commencing | 21 | | in 1991 for all
wells of record as of July 1, 1991 and July 1 | 22 | | of each year thereafter. The
fees assessed by the Department | 23 | | under this Section are in addition to any
other fees required | 24 | | by law. All fees assessed under this Section shall be
| 25 | | submitted to the Department no later than 30 days from the date |
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| 1 | | listed on
the annual fee assessment letter sent to the | 2 | | permittee. Of the fees
assessed and collected by the | 3 | | Department each year under this Section, 50%
shall be | 4 | | deposited into the Underground Resources Conservation | 5 | | Enforcement
Fund, and 50% shall be deposited into the Plugging | 6 | | and Restoration Fund
unless, total fees assessed and collected | 7 | | for any calendar year exceed
$1,500,000; then, $750,000 shall | 8 | | be deposited into the Underground
Resources Conservation | 9 | | Enforcement Fund and the balance of the fees
assessed and | 10 | | collected shall be deposited into the Plugging and Restoration
| 11 | | Fund. Upon request of the Department to the Comptroller and | 12 | | Treasurer, the
Comptroller and Treasurer shall make any | 13 | | interfund transfers necessary to
effect the allocations | 14 | | required by this Section.
| 15 | | The monies deposited into the Plugging and Restoration | 16 | | Fund or the Underground Resources Conservation Enforcement | 17 | | Fund under this Section shall not be subject to administrative | 18 | | charges or chargebacks unless otherwise authorized by this | 19 | | Act. | 20 | | (Source: P.A. 97-1136, eff. 1-1-13.)
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