(225 ILCS 725/19.8) (from Ch. 96 1/2, par. 5430.3)
Sec. 19.8.
The purpose of the Plugging and Restoration Fund is to
provide security in case the permittee fails to perform his duties
under this Act. Expenditures from the Fund shall be made by the Department
for the payment of costs for work undertaken under this Section and shall
only occur as follows:
(a) After the Department gives the permittee notice and an opportunity
for hearing in accordance with Section 19.1 of this Act and finds
that an abandoned well must be plugged, that a leaking well
must be plugged, replugged, or repaired or that a well site must be
restored, and after the permittee fails to perform the required plugging,
replugging, repair, or restoration work within the time prescribed in
Section 19.1 of the Act, the Department may elect to plug, replug, or
repair the well or wells, and to restore the well site in accordance with
the Department's rules.
(b) The Department may elect to pay the cost of conducting tests and to
take appropriate action to determine and temporarily correct the source of
oil or salt water intrusion that may be caused by oil and gas operations
into fresh water zones or onto the surface. Except in the case of an
orphaned well, no expenditure may be made for this purpose unless a
cessation order has been issued under Section 8a or 19.1, and
the time within which abatement was required to be completed has expired.
(c) The Department may elect to plug, replug, repair, or restore the
well site of any orphan well, but only after a determination by the
Department, in accordance with its rules, that the well is orphaned. In
cases where no permittee can be identified or located and no contributions
have been made to the fund attributable to the operation of the well,
expenditures shall be limited to amounts attributable to earnings on monies
in the Fund or from amounts in the Fund other than permittee contributions,
unless those amounts are otherwise restricted.
(Source: P.A. 87-744.)
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