Full Text of HB4989 102nd General Assembly
HB4989eng 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 Illinois Oil and Gas Act is amended by | 5 | | changing Sections 1, 6, 8c, 14, 19.1, and 19.7 as follows:
| 6 | | (225 ILCS 725/1) (from Ch. 96 1/2, par. 5401)
| 7 | | Sec. 1.
Unless the context otherwise requires, the words | 8 | | defined in this
Section have the following meanings as used in | 9 | | this Act.
| 10 | | "Person" means any natural person, corporation, | 11 | | association,
partnership, governmental agency or other legal | 12 | | entity, receiver, trustee,
guardian, executor, administrator, | 13 | | fiduciary or representative of any kind.
| 14 | | "Oil" means natural crude oil or petroleum and other | 15 | | hydrocarbons,
regardless of gravity, which are produced at the | 16 | | well in liquid form by
ordinary production methods or by the | 17 | | use of an oil and gas separator and
which are not the result of | 18 | | condensation of gas after it leaves the
underground reservoir.
| 19 | | "Gas" means all natural gas, including casinghead gas, and | 20 | | all other
natural hydrocarbons not defined above as oil.
| 21 | | "Pool" means a natural, underground reservoir containing | 22 | | in whole or in
part, a natural accumulation of oil or gas, or | 23 | | both. Each productive zone
or stratum of a general structure, |
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| 1 | | which is completely separated from any
other zone or stratum | 2 | | in the structure, is deemed a separate "pool" as used
herein.
| 3 | | "Field" means the same general surface area which is | 4 | | underlaid or
appears to be underlaid by one or more pools.
| 5 | | "Permit" means the Department's written authorization | 6 | | allowing a well
to be drilled, deepened, converted, or | 7 | | operated by an owner.
| 8 | | "Permittee" means the owner holding or required to hold | 9 | | the
permit, and
who is also responsible for paying assessments | 10 | | in accordance with Section
19.7 of this Act and, where | 11 | | applicable, executing and filing the bond
associated with the | 12 | | well as principal and who is responsible for compliance
with | 13 | | all statutory and regulatory requirements pertaining to the | 14 | | well.
| 15 | | When the right and responsibility for operating a well is | 16 | | vested in a
receiver or trustee appointed by a court of | 17 | | competent jurisdiction, the
permit shall be issued to the | 18 | | receiver or trustee.
| 19 | | "Orphan Well" means a well for which: (1) no fee | 20 | | assessment under
Section 19.7 of this Act has been paid or no | 21 | | other bond coverage has been
provided for 2 consecutive years; | 22 | | (2) no oil or gas has been produced from
the well or from the | 23 | | lease or unit on which the well is located for 2
consecutive | 24 | | years; and (3) no permittee or owner can be identified or
| 25 | | located by the Department. Orphaned wells include wells that | 26 | | may have been
drilled for purposes other than those for which a |
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| 1 | | permit is required under
this Act if the well is a conduit for | 2 | | oil or salt water intrusions into
fresh water zones or onto the | 3 | | surface which may be caused by oil and gas
operations.
| 4 | | "Owner" means the person who has the right to drill into | 5 | | and produce
from any pool, and to appropriate the production | 6 | | either for the person or for
the person and another, or others, | 7 | | or solely for others, excluding the
mineral owner's royalty if
| 8 | | the right to drill and produce has been granted under an oil | 9 | | and gas lease.
An owner may also be a person granted the right | 10 | | to drill and operate an
injection (Class II UIC) well | 11 | | independent of the right to drill for and produce
oil or gas. | 12 | | When the right to drill, produce, and appropriate production | 13 | | is
held by more than one person, then all persons holding these | 14 | | rights may
designate the owner by a written operating | 15 | | agreement or similar written
agreement. In the absence of such | 16 | | an agreement, and subject to the provisions
of Sections 22.2 | 17 | | and 23.1 through 23.16 of this Act, the owner shall be the
| 18 | | person designated in writing by a majority in interest of the | 19 | | persons holding
these rights.
| 20 | | "Department" means the Department of Natural Resources.
| 21 | | "Director" means the Director of Natural Resources.
| 22 | | "Mining Board" means the State Mining Board in the | 23 | | Department of Natural
Resources, Office of Mines
and Minerals.
| 24 | | "Mineral Owner's Royalty" means the share of oil and gas | 25 | | production
reserved in an oil and gas lease free of all costs | 26 | | by an owner of the
minerals whether denominated royalty or |
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| 1 | | overriding royalty.
| 2 | | "Waste" means "physical waste" as that term is generally | 3 | | understood in
the oil and gas industry, and further includes:
| 4 | | (1) the locating, drilling, and producing of any oil | 5 | | or gas well or wells
drilled contrary to the valid order, | 6 | | rules and regulations adopted by the
Department under the | 7 | | provisions of this Act;
| 8 | | (2) permitting the migration of oil, gas, or water | 9 | | from the stratum in
which it is found, into other strata, | 10 | | thereby ultimately resulting in the
loss of recoverable | 11 | | oil, gas or both;
| 12 | | (3) the drowning with water of any stratum or part | 13 | | thereof capable of
producing oil or gas, except for | 14 | | secondary recovery purposes;
| 15 | | (4) the unreasonable damage to underground, fresh or | 16 | | mineral water
supply, workable coal seams, or other | 17 | | mineral deposits in the operations
for the discovery, | 18 | | development, production, or handling of oil and gas;
| 19 | | (5) the unnecessary or excessive surface loss or | 20 | | destruction of oil or
gas resulting from evaporation, | 21 | | seepage, leakage or fire, especially such
loss or | 22 | | destruction incident to or resulting from the escape of | 23 | | gas into
the open air in excessive or unreasonable | 24 | | amounts, provided, however,
it shall not be unlawful for | 25 | | the operator
or owner of any well producing both oil and | 26 | | gas to burn such gas in flares
when such gas is, under the |
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| 1 | | other provisions of this Act, lawfully
produced, and where | 2 | | there is no market at the well for such escaping gas;
and | 3 | | where the same is used for the extraction of casinghead | 4 | | gas, it shall
not be unlawful for the operator of the plant | 5 | | after the process of
extraction is completed, to burn such | 6 | | residue in flares when there is no
market at such plant for | 7 | | such residue gas;
| 8 | | (6) permitting unnecessary fire hazards;
| 9 | | (7) permitting unnecessary damage to or destruction of | 10 | | the surface,
soil, animal, fish or aquatic life or | 11 | | property from oil or gas operations.
| 12 | | "Drilling Unit" means the surface area allocated by an | 13 | | order or
regulation of the Department to the drilling of a | 14 | | single well for the
production of oil or gas from an individual | 15 | | pool.
| 16 | | "Enhanced Recovery Method" means any method used in an | 17 | | effort to
recover hydrocarbons from a pool by injection of | 18 | | fluids, gases or other
substances to maintain, restore or | 19 | | augment natural reservoir energy, or by
introducing immiscible | 20 | | or miscible gases, chemicals, other substances or
heat or by | 21 | | in-situ combustion, or by any combination thereof.
| 22 | | "Well-Site Equipment" means any production-related | 23 | | equipment or materials
specific to the well, including motors, | 24 | | pumps, pump jacks, tanks, tank
batteries, separators, | 25 | | compressors, casing, tubing, and rods.
| 26 | | "Temporary abandonment status" means a well that has |
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| 1 | | received an authorization for temporary abandonment status | 2 | | from the Department and is in compliance with the | 3 | | administrative rules for temporary abandonment status. | 4 | | (Source: P.A. 99-78, eff. 7-20-15.)
| 5 | | (225 ILCS 725/6) (from Ch. 96 1/2, par. 5409)
| 6 | | Sec. 6.
The Department shall have the authority to conduct | 7 | | hearings and
to make such reasonable rules as may be necessary | 8 | | from time to time in the
proper administration and enforcement | 9 | | of this Act, including the adoption
of rules and the holding of | 10 | | hearings for the following purposes:
| 11 | | (1) To require the drilling, casing and plugging of | 12 | | wells to be done in
such a manner as to prevent the | 13 | | migration of oil or gas from one stratum to
another; to | 14 | | prevent the intrusion of water into oil, gas or coal | 15 | | strata;
to prevent the pollution of fresh water supplies | 16 | | by oil, gas or salt
water.
| 17 | | (2) To require the person desiring or proposing to | 18 | | drill, deepen or
convert any well for the exploration or | 19 | | production of
oil or gas, for injection or water supply in | 20 | | connection with
enhanced recovery projects, for the | 21 | | disposal of salt water, brine, or other
oil or gas field | 22 | | wastes, or for input, withdrawal, or observation in
| 23 | | connection with the storage of natural gas or other liquid | 24 | | or gaseous
hydrocarbons before commencing the drilling, | 25 | | deepening or
conversion of any such well, to make |
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| 1 | | application to the Department upon
such form as the | 2 | | Department may prescribe and to comply with the provisions
| 3 | | of this Section. The drilling, deepening or conversion of | 4 | | any well is
hereby prohibited until such application is | 5 | | made and the applicant is
issued a permit therefor as | 6 | | provided by this Act. Each application for a
well permit | 7 | | shall include the following: (A) The exact location of the
| 8 | | well, (B) the name and address of the manager, operator, | 9 | | contractor,
driller, or any other person responsible for | 10 | | the conduct of drilling
operations, (C) the proposed depth | 11 | | of the well, (D) lease ownership
information, and (E) such | 12 | | other relevant information as the Department may
deem | 13 | | necessary or convenient to effectuate the purposes of this | 14 | | Act.
| 15 | | Additionally, each applicant who has not been issued a | 16 | | permit that is
of record on the effective date of this | 17 | | amendatory Act of 1991, or who has
not thereafter made | 18 | | payments of assessments under Section 19.7 of this Act
for | 19 | | at least 2 consecutive years preceding the application, | 20 | | shall execute,
as principal, and file with the Department | 21 | | a bond, executed by a surety
authorized to transact | 22 | | business in this State, in an amount estimated to
cover | 23 | | the cost of plugging the well and restoring the well site, | 24 | | but not to
exceed $5000, as determined by the Department | 25 | | for each well, or a blanket
bond in an amount not to exceed | 26 | | $100,000 for all wells, before drilling,
deepening, |
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| 1 | | converting, or operating any well for which a permit is | 2 | | required
that has not previously been plugged and | 3 | | abandoned in accordance with the
Act. The Department shall | 4 | | release the bond if the well, or all wells in the
case of a | 5 | | blanket bond, is not completed but is plugged and the well | 6 | | site
restored in accordance with the Department's rules or | 7 | | is completed in
accordance with the Department's rules and | 8 | | the permittee pays assessments
to the Department in | 9 | | accordance with Section 19.7 of this Act for 2
consecutive | 10 | | years.
| 11 | | In lieu of a surety bond, the applicant may provide | 12 | | cash,
certificates of deposit, or irrevocable letters of | 13 | | credit under such terms
and conditions as the Department | 14 | | may provide by rule.
| 15 | | The sureties on all bonds in effect on the effective | 16 | | date of this
amendatory Act of 1991 shall remain liable as | 17 | | sureties in accordance with
their undertakings until | 18 | | released by the Department from further liability
under | 19 | | the Act. The principal on each bond in effect on the | 20 | | effective date
of this amendatory Act of 1991 shall be | 21 | | released from the obligation of
maintaining the bond if | 22 | | either the well covered by a surety bond has been
plugged | 23 | | and the well site restored in accordance with the | 24 | | Department's
rules or the principal of the surety has paid | 25 | | the initial assessment in
accordance with Section 19.7 and | 26 | | no well or well site covered by the surety
bond is in |
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| 1 | | violation of the Act.
| 2 | | No permit shall be issued to a corporation | 3 | | incorporated outside of
Illinois until the corporation has | 4 | | been authorized to do business in Illinois.
| 5 | | No permit shall be issued to an individual, | 6 | | partnership, or other
unincorporated entity that is not a | 7 | | resident of Illinois until that individual,
partnership, | 8 | | or other unincorporated entity has irrevocably consented | 9 | | to be
sued in Illinois.
| 10 | | (3) To require the person assigning, transferring, or | 11 | | selling any well
for which a permit is required under this | 12 | | Act to notify the Department of
the change of ownership. | 13 | | The notification shall be on a form prescribed by
the | 14 | | Department, shall be executed by the current permittee and | 15 | | by the new
permittee, or their authorized representatives, | 16 | | and shall be filed with the
Department within 30 days | 17 | | after the effective date of the assignment,
transfer or | 18 | | sale. Within the 30 day notification period and prior to
| 19 | | operating the well, the new permittee shall pay the | 20 | | required well transfer
fee and, where applicable, file | 21 | | with the Department the bond required under
subsection (2) | 22 | | of this Section.
| 23 | | (4) To require the filing with the State Geological | 24 | | Survey
of all geophysical logs, a well drilling
report and | 25 | | drill cuttings or cores, if cores are required,
within 90 | 26 | | days after drilling ceases; and to file a completion |
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| 1 | | report
with the Department within 30 days after the date | 2 | | of first production
following initial drilling or any | 3 | | reworking, or after the plugging of the
well, if a dry | 4 | | hole. A copy of each completion report submitted to the
| 5 | | Department shall be delivered to the State Geological | 6 | | Survey. The
Department and the State Geological Survey | 7 | | shall keep the reports
confidential, if requested in | 8 | | writing by the permittee, for 2 years after
the date the | 9 | | permit is issued by the Department. This confidentiality
| 10 | | requirement shall not prohibit the use of the report for | 11 | | research purposes,
provided the State Geological Survey | 12 | | does not publish specific data or
identify the well to | 13 | | which the completion report pertains.
| 14 | | (5) To prevent "blowouts", "caving" and "seepage" in | 15 | | the same sense that
conditions indicated by such terms are | 16 | | generally understood in the oil and
gas business.
| 17 | | (6) To prevent fires.
| 18 | | (7) To ascertain and identify the ownership of all oil | 19 | | and gas wells,
producing leases, refineries, tanks, | 20 | | plants, structures, and all storage
and transportation | 21 | | equipment and facilities.
| 22 | | (8) To regulate the use of any enhanced recovery | 23 | | method in oil pools
and oil fields.
| 24 | | (9) To regulate or prohibit the use of vacuum.
| 25 | | (10) To regulate the spacing of wells, the
issuance of | 26 | | permits, and the establishment of drilling units.
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| 1 | | (11) To regulate directional drilling of oil or gas | 2 | | wells.
| 3 | | (12) To regulate the plugging of wells.
| 4 | | (13) To require that wells for which no logs or
| 5 | | unsatisfactory logs are supplied shall be completely | 6 | | plugged with cement
from bottom to top.
| 7 | | (14) To require a description in such form as is
| 8 | | determined by the Department of the method of well | 9 | | plugging for each
well, indicating the character of | 10 | | material used and the positions and
dimensions of each | 11 | | plug.
| 12 | | (15) To prohibit waste, as defined in this Act.
| 13 | | (16) To require the keeping of such records, the | 14 | | furnishing of such
relevant information and the | 15 | | performance of such tests as the Department
may deem | 16 | | necessary to carry into effect the purposes of this Act.
| 17 | | (17) To regulate the disposal of salt or | 18 | | sulphur-bearing water and any
oil field waste produced in | 19 | | the operation of any oil or gas well.
| 20 | | (18) To prescribe rules, conduct inspections and | 21 | | require compliance with
health and safety standards for | 22 | | the protection of persons working
underground in | 23 | | connection with any oil and gas operations. For the
| 24 | | purposes of this paragraph, oil and gas operations include | 25 | | drilling or
excavation, production operations, plugging or | 26 | | filling in and sealing, or
any other work requiring the |
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| 1 | | presence of workers in shafts or excavations
beneath the | 2 | | surface of the earth. Rules promulgated by the Department | 3 | | may
include minimum qualifications of persons performing | 4 | | tasks affecting the
health and safety of workers | 5 | | underground, minimum standards for the
operation and | 6 | | maintenance of equipment, and safety procedures and
| 7 | | precautions, and shall conform, as nearly as practicable, | 8 | | to corresponding
qualifications, standards and procedures | 9 | | prescribed under the Coal Mining Act.
| 10 | | (19) To deposit the amount of any forfeited surety | 11 | | bond or other
security in the Plugging and Restoration | 12 | | Fund, a special fund in the State
treasury which is hereby | 13 | | created; to deposit into the Fund any amounts
collected, | 14 | | reimbursed or recovered by the Department under Sections | 15 | | 19.5,
19.6 and 19.7 of this Act; to accept, receive, and
| 16 | | deposit into the Fund any grants, gifts or other funds | 17 | | which may be made
available from public or private sources | 18 | | and all earnings received from
investment of monies in the | 19 | | Fund; and to make expenditures from the Fund
for the | 20 | | purposes of plugging, replugging or repairing any well, | 21 | | and
restoring the site of any well, determined by the | 22 | | Department to be
abandoned or ordered by the Department to | 23 | | be plugged, replugged, repaired
or restored under Sections | 24 | | 8a, 19 or 19.1 of this Act, including
expenses in | 25 | | administering the Fund.
| 26 | | (20) To create, by administrative rule, the |
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| 1 | | authorization criteria, fees, maintenance requirements, | 2 | | and monitoring rules for an authorization for temporary | 3 | | abandonment status. | 4 | | (21) To create, by administrative rule, the permit | 5 | | criteria, fees, and maintenance requirements for an oil | 6 | | lease road permit where the road is located on a well | 7 | | lease. | 8 | | For the purposes of this Act, the State Geological Survey | 9 | | shall
co-operate with the Department in making available its | 10 | | scientific and
technical information on the oil and gas | 11 | | resources of the State, and the
Department shall in turn | 12 | | furnish a copy to the State Geological Survey
of all drilling | 13 | | permits as issued, and such other drilling and operating
data | 14 | | received or secured by the Department which are pertinent to
| 15 | | scientific research on the State's mineral resources.
| 16 | | (Source: P.A. 86-205; 86-364; 86-1177; 87-744 .)
| 17 | | (225 ILCS 725/8c) (from Ch. 96 1/2, par. 5414.1)
| 18 | | Sec. 8c.
(a) No person shall operate a liquid oil field
| 19 | | waste transportation system without a liquid oil field waste | 20 | | transportation
permit. The liquid oil field waste transporter | 21 | | assumes legal
responsibility for the liquid oil field waste | 22 | | when it first enters the
liquid oil field waste transportation | 23 | | system, until it is disposed of in a
manner authorized and | 24 | | approved by the Department.
| 25 | | (b) No person shall engage, employ or contract with any |
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| 1 | | other person
except a permittee under this Section, to remove | 2 | | liquid oil field
waste from his premises.
| 3 | | (c) Every person who engages, employs or contracts with | 4 | | any other person
to remove liquid oil field waste from his | 5 | | premises shall maintain detailed
records of all such liquid | 6 | | oil field waste removal effectuated on forms
provided by the | 7 | | Department and shall submit such information in such
detail | 8 | | and with such frequency, as the Department may require.
| 9 | | (d) Before engaging in the business of removing liquid oil | 10 | | field
waste from the on-site collection point, a person shall | 11 | | apply for and
obtain a permit from the Department. The | 12 | | application shall be accompanied
by a permit fee of $300 $100 | 13 | | and by a surety bond covering the period and any
renewal | 14 | | thereof for which the permit is issued by a surety company
| 15 | | registered in the State, to indemnify the Department for the | 16 | | abatement of
pollution of waters which result from any | 17 | | improper disposal of liquid oil
field waste by the permittee. | 18 | | The bonds shall be $10,000. The Department
shall be the | 19 | | obligee and the bond shall be for the benefit and purpose to
| 20 | | indemnify the State for the elimination of harmful or nuisance | 21 | | conditions
and for the abatement of any pollution of waters | 22 | | which result from the
improper disposal of liquid oil field | 23 | | waste by the permittee.
| 24 | | In lieu of the surety bond, the applicant may provide | 25 | | cash,
certificates of deposit, or irrevocable letters of | 26 | | credit under such terms
and conditions as the Department may |
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| 1 | | provide by rule.
| 2 | | The surety of any bond posted for the issuance of a liquid | 3 | | oil
field waste transportation permit, upon 30 days notice in | 4 | | writing to the
Department and to the permittee, may cancel any | 5 | | such bond, but such
cancellation shall not affect any rights | 6 | | which shall have accrued on the
bond before the effective date | 7 | | of the cancellation.
| 8 | | (e) If the Department, after such investigation as it | 9 | | deems necessary,
is satisfied that the applicant has the | 10 | | qualifications, experience,
reputation, and equipment to | 11 | | perform the services in a manner not
detrimental to the public | 12 | | interest, in a way that will not cause unlawful
pollution of | 13 | | the waters of the State and meets the bonding requirements of
| 14 | | subsection (d), it shall issue a permit to the applicant.
| 15 | | (f) (1) All trucks or other vehicles used to transport or | 16 | | carry liquid
oil field waste shall carry a permit issued | 17 | | by the Department for
inspection by its representative or | 18 | | any law enforcement agent. The
application for the vehicle | 19 | | permit shall state the make, model and year of
the vehicle | 20 | | as well as the capacity of the tank used in transporting | 21 | | liquid
oil field waste and such other information as the | 22 | | Department requires. Each
application shall be accompanied | 23 | | by a biennial permit fee of $100
for each vehicle sought to | 24 | | be licensed, payable to the State, and if the
Department, | 25 | | after such investigation as it deems necessary, finds the | 26 | | truck
or vehicle and equipment is proper and adequate for |
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| 1 | | the purpose, it shall
issue a permit for the use of the | 2 | | vehicle. The permit is not transferable
from one vehicle | 3 | | to another. The vehicle permit number shall be printed on
| 4 | | a decal furnished by the Department which shall designate | 5 | | the years for
which the permit was issued. This decal | 6 | | shall be affixed to the upper
right hand corner of the | 7 | | inside of the windshield.
| 8 | | (2) All vehicle permits shall be valid for 2 years. | 9 | | Application for
renewal of a permit must be made 30 days | 10 | | prior to the expiration date of
the permit. The fee for | 11 | | renewal shall be the same as for the original permit.
| 12 | | (g) (1) The tank shall be kept tightly closed in transit, | 13 | | to prevent
the escape of contents.
| 14 | | (2) The permittee shall dispose of all liquid oil | 15 | | field waste
in conformance with the provisions of this | 16 | | Section.
| 17 | | (3) The permittee shall not dispose of liquid oil | 18 | | field waste
onto or into the ground except at locations | 19 | | specifically approved
and permitted by the Department. No | 20 | | liquid oil field waste shall
be placed in a location where | 21 | | it could enter any public or
private drain, pond, stream | 22 | | or other body of surface or ground water.
| 23 | | (h) Any person who violates or refuses to comply with any | 24 | | of the provisions
of this Section shall be subject to the | 25 | | provisions of Sections 8a and
19.1 of this Act. In addition, | 26 | | any person who gathers, handles, transports,
or disposes of |
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| 1 | | liquid oil field waste without a liquid oil field waste
| 2 | | transportation permit or utilizes the services of an | 3 | | unpermitted person
shall upon conviction thereof by a court of | 4 | | competent jurisdiction be fined
not less than $2,000 for a | 5 | | violation and costs of prosecution, and in
default of payment | 6 | | of fine and costs, imprisoned for not less than 10 days
nor | 7 | | more than 30 days. When the violation is of a continuing | 8 | | nature, each
day upon which a violation occurs is a separate | 9 | | offense.
| 10 | | (i) For the purposes of this Section:
| 11 | | (1) "Liquid oil field waste" means oil field
brines, | 12 | | tank and pit bottom sediments, and drilling and completion
| 13 | | fluids, to the extent those wastes are now or hereafter | 14 | | exempt from the
provisions of Subtitle C of the federal | 15 | | Resource Conservation and Recovery
Act of 1976.
| 16 | | (2) "Liquid oil field waste transportation system" | 17 | | means all trucks
and other motor vehicles used to gather, | 18 | | handle or transport liquid oil
field waste from the point | 19 | | of any surface on-site collection to any
subsequent | 20 | | off-site storage, utilization or disposal.
| 21 | | (Source: P.A. 87-744.)
| 22 | | (225 ILCS 725/14) (from Ch. 96 1/2, par. 5420)
| 23 | | Sec. 14.
Each application for a permit to drill, deepen, | 24 | | convert,
or amend , oil lease road, or an authorization for | 25 | | temporary abandonment status shall be accompanied by the |
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| 1 | | required fee, not to exceed $1,000 $300 , which
the Department | 2 | | shall establish by rule. A fee not to exceed $500 of $50 per | 3 | | well , as established by administrative rule, shall be paid by
| 4 | | the new owner for each transfer of well ownership. The fee for | 5 | | a temporary abandonment status authorization shall be | 6 | | deposited in the Plugging and Restoration Fund. Except for the
| 7 | | assessments required to be deposited in the Plugging and | 8 | | Restoration Fund
under Section 19.7 of this Act and any other | 9 | | deposits required to be deposited in the Plugging and | 10 | | Restoration Fund under this Act , all fees assessed and | 11 | | collected under this
Act shall be deposited in the Underground | 12 | | Resources Conservation Enforcement
Fund. The monies deposited | 13 | | into the Plugging and Restoration Fund or the Underground | 14 | | Resources Conservation Enforcement Fund under this Section | 15 | | shall not be subject to administrative charges or chargebacks | 16 | | unless otherwise authorized by this Act.
| 17 | | (Source: P.A. 97-1136, eff. 1-1-13.)
| 18 | | (225 ILCS 725/19.1) (from Ch. 96 1/2, par. 5426)
| 19 | | Sec. 19.1.
If, after notice and an opportunity for a | 20 | | hearing, the
Department finds that a well drilled for the | 21 | | exploration, development, storage
or production of oil or gas, | 22 | | or as injection, salt water disposal, salt water
source,
| 23 | | observation, and geological or structure test has been | 24 | | abandoned or is
leaking salt water, oil, gas or other | 25 | | deleterious substances into any fresh
water formation or onto |
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| 1 | | the surface of the land in the vicinity of the
well, or is in | 2 | | violation of the administrative rules regarding temporary | 3 | | abandonment status, the Department shall issue an order that | 4 | | the well be
properly plugged, replugged or repaired to remedy | 5 | | such situation. If the
permittee fails to do so within 30 days | 6 | | from the date of the order, then any
person duly authorized by | 7 | | the Department may enter upon the land on which
the well is | 8 | | located and plug, replug, or repair the well as may be
| 9 | | reasonably required to remedy the condition.
The costs and | 10 | | expenses incurred by the Department under this Act
shall be a | 11 | | debt due by the permittee to the Department together with
| 12 | | interest at the rate set forth in Section 2-1303 of the Code of | 13 | | Civil
Procedure. The permittee's failure to comply with the
| 14 | | Department's order is a violation of this Act.
| 15 | | If the Department determines that any condition or | 16 | | practice exists, or
that any person or permittee is in | 17 | | violation of any requirement of this Act
or the rules adopted | 18 | | hereunder or any permit condition, which condition,
practice | 19 | | or violation creates an imminent danger to the health or | 20 | | safety of
the public, or an imminent danger of significant | 21 | | environmental harm or
significant damage to property, any | 22 | | authorized employee or agent of the
Department may order the | 23 | | immediate cessation of operation. If a
responsible party | 24 | | cannot be readily located in the judgment of the employee
or | 25 | | agent issuing the order, the employee or agent may take any | 26 | | action he
deems necessary to cause a cessation of operations |
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| 1 | | and abatement of any
condition. The cessation order shall be | 2 | | served by mailing it certified
mail-return receipt requested | 3 | | to the last known address of the person or
permittee as soon as | 4 | | is practicably possible but in no event later than 5
days after | 5 | | its issuance.
| 6 | | Pending completion of the investigation and any hearing | 7 | | under Section 8a
of this Act, the person or permittee may file | 8 | | with the Department a written
request for temporary relief | 9 | | from the cessation order, together with a
detailed statement | 10 | | giving reasons for granting such relief. The
Department shall | 11 | | commence a hearing within 5 days after receipt of the
request | 12 | | and may grant such relief, under such conditions as it may
| 13 | | prescribe, if the applicant shows a substantial likelihood | 14 | | that the findings
of the Department will be favorable to him | 15 | | and such relief will not
adversely affect the health or safety | 16 | | of the public or cause significant
environmental harm or | 17 | | significant damage to property.
| 18 | | (Source: P.A. 89-243, eff. 8-4-95.)
| 19 | | (225 ILCS 725/19.7) (from Ch. 96 1/2, par. 5430.2)
| 20 | | Sec. 19.7.
The Department shall assess and collect annual | 21 | | well fees from each
permittee in the amount of $100 $75 per | 22 | | well for the first 100 wells and a $75 $50 fee for each well in | 23 | | excess of 100 for which a permit is required under this Act.
| 24 | | Fees shall be assessed for each calendar year commencing | 25 | | in 1991 for all
wells of record as of July 1, 1991 and July 1 |
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| 1 | | of each year thereafter. The
fees assessed by the Department | 2 | | under this Section are in addition to any
other fees required | 3 | | by law. All fees assessed under this Section shall be
| 4 | | submitted to the Department no later than 30 days from the date | 5 | | listed on
the annual fee assessment letter sent to the | 6 | | permittee. Of the fees
assessed and collected by the | 7 | | Department each year under this Section, 50%
shall be | 8 | | deposited into the Underground Resources Conservation | 9 | | Enforcement
Fund, and 50% shall be deposited into the Plugging | 10 | | and Restoration Fund
unless, total fees assessed and collected | 11 | | for any calendar year exceed
$1,500,000; then, $750,000 shall | 12 | | be deposited into the Underground
Resources Conservation | 13 | | Enforcement Fund and the balance of the fees
assessed and | 14 | | collected shall be deposited into the Plugging and Restoration
| 15 | | Fund. Upon request of the Department to the Comptroller and | 16 | | Treasurer, the
Comptroller and Treasurer shall make any | 17 | | interfund transfers necessary to
effect the allocations | 18 | | required by this Section.
| 19 | | The monies deposited into the Plugging and Restoration | 20 | | Fund or the Underground Resources Conservation Enforcement | 21 | | Fund under this Section shall not be subject to administrative | 22 | | charges or chargebacks unless otherwise authorized by this | 23 | | Act. | 24 | | (Source: P.A. 97-1136, eff. 1-1-13.)
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