(220 ILCS 15/2) (from Ch. 96 1/2, par. 5502)
Sec. 2.
Before the right of condemnation may be exercised for the
acquisition of property, or any interest therein, for underground storage
of gas, said corporation shall make application to the Illinois Commerce
Commission (hereafter referred to in this Act as the Commission) for an
order and must receive an order approving the proposed storage project. No
such order shall be issued by the Commission unless it shall contain and be
based on findings that the proposed storage will be confined to geological
stratum or strata lying more than five hundred feet below the surface of
the soil; that the proposed storage will not injure any water resources;
that the proposed storage will involve no condemnation of any interest in
any geological stratum or formation within the area of the proposed storage
project containing oil, gas or coal within such area in commercial paying
quantities, producible through primary production methods, either with or
without pressure maintenance, or secondary recovery methods of any type;
that the public convenience and necessity of a substantial portion of the
gas consuming public in the state will be served by such acquisition; and
unless said order contains conditions and restrictions which will
reasonably protect:
(a) private property or any interest therein not appropriated;
(b) the rights of the owners of the lands lying within the boundaries of
said proposed storage area or persons claiming under them, or of the owners
of the minerals thereunder or those claiming under them to explore for,
drill for, produce, develop, conduct secondary recovery operations (such as
waterflood or gas injection operations) for the recovery of oil or gas on
or under said lands, or to drill wells on said lands for the development
and production of water or the disposal of salt water, fresh water or waste
matter, all from or into strata other than any stratum to be condemned for
gas storage.
(c) any public resources of the state which may be affected by such use.
The Commission shall in such order require such corporation to carry
public liability insurance in an amount determined by the Commission, with
an insurer satisfactory to the Commission, or at the election of the
corporation to deposit collateral approved by the Commission in an amount
determined by the latter, to secure payment of any damage resulting from
any occurrence arising out of or caused by operation or use of the gas
storage reservoir. The Commission order shall require that such insurance
be maintained for a term of ten years from the date of the beginning of
operation or use of the project and that such corporation appear before it
not less than 90 days prior to the expiration of such ten year term and
show cause why such insurance should not be renewed for an additional term
of ten years with a like obligation on the corporation as to further
renewal at the end of such latter term. Such procedure shall apply
thereafter for successive ten year terms so long as the Commission
continues to require such insurance.
(Source: Laws 1951, p. 395.)
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