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| Public Act 095-0830 |
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AN ACT concerning civil law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Drilling Operations Act is amended by | ||||
changing Sections 2, 3, and 4 as follows:
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(765 ILCS 530/2) (from Ch. 96 1/2, par. 9652)
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Sec. 2. As used in this Act:
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(a) "Person" means any natural person, corporation, firm, | ||||
partnership,
venture, receiver, trustee, executor, | ||||
administrator, guardian, fiduciary or
other representative of | ||||
any kind and includes any government or any
political | ||||
subdivision or agency thereof;
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(b) "Drilling operations" means the drilling, deepening or | ||||
conversion of
a well for oil or gas production, core hole or | ||||
drill hole for a stratigraphic
test;
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(c) "Entry" means the moving upon the surface of land with | ||||
equipment to
commence drilling operations, but shall not | ||||
include entry for the survey
for or ascertaining or | ||||
identification of a well location;
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(d) "Operator" means the person, whether the owner or not, | ||||
who applies
for or holds a permit for drilling operations or | ||||
who is named as the
principal on a bond for a permit for a well | ||||
that was issued by the
Department of Natural Resources;
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(e) "Surface owner" means the person in whose name the | ||
surface of the
land on which drilling operations are | ||
contemplated, and who is assessed for
purposes of taxes imposed | ||
pursuant to the Property Tax Code according to the
records of | ||
the assessor of the county where the land
is located as | ||
certified by said assessor;
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(f) "Assessor" means the supervisor of assessments, board | ||
of assessors,
or county assessor, as the case may be, for the | ||
county in which the land is
located;
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(g) "Production operation" means the operation of a well | ||
for the
production of oil,
or gas, and coalbed methane,
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including all acts, structures, equipment, and
roadways | ||
necessary for such operation;
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(h) "New well" means a well that is spudded after the | ||
effective date of
this Act and does not utilize any part of a | ||
well bore or drilling location
that existed prior to the | ||
effective date of this Act;
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(i) "Completion of the well" means completion of those | ||
processes
necessary before production occurs, including the | ||
laying of flow lines and
the construction of the tank battery. | ||
If the well is not productive, the
date of completion of the | ||
well is the day it is plugged and abandoned.
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(Source: P.A. 88-670, eff. 12-2-94; 89-445, eff. 2-7-96.)
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(765 ILCS 530/3) (from Ch. 96 1/2, par. 9653)
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Sec. 3. This Act shall be applicable only for the drilling
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operations of new wells except as explicitly provided in | ||
paragraph (c) of
Section 6. It shall not apply for reworking | ||
operations on a well.
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This Act shall be applicable only when the surface owner | ||
has not
consented in writing to the drilling operations and:
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(A) there has been a complete severance of the ownership of | ||
the oil,
and
gas, and coalbed methane from the ownership of the | ||
surface, or
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(B) where the surface owner owns an interest in the oil,
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and gas, and coalbed methane, which
interest is the subject of | ||
either:
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(1) An integration proceeding brought pursuant to "An Act | ||
in relation to
oil, gas, coal, and other surface and | ||
underground resources and to repeal
an Act herein named", | ||
approved July 24, 1945, as amended, or
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(2) A proceeding brought pursuant to "An Act in relation to | ||
oil and gas
interest in land", approved July 1, 1939, as | ||
amended.
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(Source: P.A. 85-1312.)
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(765 ILCS 530/4) (from Ch. 96 1/2, par. 9654)
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Sec. 4. Notice.
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(a) Prior to commencement of the drilling of a well, the | ||
operator shall
give a copy of the Act with a written notice to | ||
the surface owner of the operator's intent to commence
drilling | ||
operations.
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(b) The operator shall, for the purpose of giving notice as | ||
herein
required, secure from the assessor's office within 90 | ||
days prior to the
giving of the notice, a certification which | ||
shall identify the person in
whose name the lands on which | ||
drilling operations are to be commenced and who
is assessed at | ||
the time the certification is made. The written certification
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made by the assessor of the surface owner shall be conclusive | ||
evidence of
the surface ownership and of the operator's | ||
compliance with the provisions of
this Act.
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(c) The notice required to be given by the operator to the | ||
surface owner
shall identify the following:
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(1) The location of the proposed entry on the
surface | ||
for drilling operations, and the date on or after which | ||
drilling
operations shall be commenced.
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(2) A photocopy of the drilling application to the | ||
Department
of Natural Resources for
the well to be drilled.
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(3) The name, address and telephone number of the | ||
operator.
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(4) An offer to discuss with the surface owner those | ||
matters set forth
in Section 5 hereof prior to commencement | ||
of drilling operations.
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If the surface owner elects to meet the operator, the | ||
surface owner
shall request the operator to schedule a meeting | ||
at a mutually agreed time
and place within the limitations set | ||
forth herein. Failure of the surface
owner to contact the | ||
operator at least 5 days prior to the proposed
commencement of | ||
drilling operations shall be conclusively deemed a waiver
of | ||
the right to meet by the surface owner.
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The meeting shall be scheduled between the hours of 9:00 in | ||
the
morning
and the setting of the sun of the same day and | ||
shall be at least 3 days prior
to commencement of drilling | ||
operations. Unless agreed to otherwise, the
place shall be | ||
located within the county in which drilling operations are
to | ||
be commenced where the operator or his agent shall be available | ||
to
discuss with the surface owner or his agent those matters | ||
set forth in Section
5 hereof.
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The notice and a copy of the Act as herein required shall | ||
be given to the surface owner by
either:
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(A) certified mail addressed to the surface owner at | ||
the address shown
in the certification obtained from the | ||
assessor, which shall be postmarked
at least 15 10 days | ||
prior to the commencement of drilling operations; or
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(B) personal delivery to the surface owner at least 15 | ||
8 days prior to the
commencement of drilling operations.
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(C) Notice to the surface owner as defined in this Act | ||
shall be deemed
conclusive notice to the record owners of | ||
all interest in the surface.
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(Source: P.A. 95-331, eff. 8-21-07; 95-493, eff. 1-1-08.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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