(225 ILCS 725/19.1) (from Ch. 96 1/2, par. 5426)
Sec. 19.1.
If, after notice and an opportunity for a hearing, the
Department finds that a well drilled for the exploration, development, storage
or production of oil or gas, or as injection, salt water disposal, salt water
source,
observation, and geological or structure test has been abandoned or is
leaking salt water, oil, gas or other deleterious substances into any fresh
water formation or onto the surface of the land in the vicinity of the
well, the Department shall issue an order that the well be
properly plugged, replugged or repaired to remedy such situation. If the
permittee fails to do so within 30 days from the date of the order, then any
person duly authorized by the Department may enter upon the land on which
the well is located and plug, replug, or repair the well as may be
reasonably required to remedy the condition.
The costs and expenses incurred by the Department under this Act
shall be a debt due by the permittee to the Department together with
interest at the rate set forth in Section 2-1303 of the Code of Civil
Procedure. The permittee's failure to comply with the
Department's order is a violation of this Act.
If the Department determines that any condition or practice exists, or
that any person or permittee is in violation of any requirement of this Act
or the rules adopted hereunder or any permit condition, which condition,
practice or violation creates an imminent danger to the health or safety of
the public, or an imminent danger of significant environmental harm or
significant damage to property, any authorized employee or agent of the
Department may order the immediate cessation of operation. If a
responsible party cannot be readily located in the judgment of the employee
or agent issuing the order, the employee or agent may take any action he
deems necessary to cause a cessation of operations and abatement of any
condition. The cessation order shall be served by mailing it certified
mail-return receipt requested to the last known address of the person or
permittee as soon as is practicably possible but in no event later than 5
days after its issuance.
Pending completion of the investigation and any hearing under Section 8a
of this Act, the person or permittee may file with the Department a written
request for temporary relief from the cessation order, together with a
detailed statement giving reasons for granting such relief. The
Department shall commence a hearing within 5 days after receipt of the
request and may grant such relief, under such conditions as it may
prescribe, if the applicant shows a substantial likelihood that the findings
of the Department will be favorable to him and such relief will not
adversely affect the health or safety of the public or cause significant
environmental harm or significant damage to property.
(Source: P.A. 89-243, eff. 8-4-95.)
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