SB3326 98TH GENERAL ASSEMBLY

LRB098 19588 MGM 54780 b

98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB3326

Introduced 2/14/2014, by Sen. Ira I. Silverstein

SYNOPSIS AS INTRODUCED:

225 ILCS 732/1-35
225 ILCS 732/1-40
225 ILCS 732/1-45
225 ILCS 732/1-50

Amends the Hydraulic Fracturing Regulatory Act. Adds reference to horizontal drilling with fracturing operations. Adds provisions concerning a county board or governing body's approval or denial for a request to consent for a local siting of a well site and operations. Makes other changes to provisions concerning permit applications, public notice, and public comment periods.

FISCAL NOTE ACT MAY APPLY

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

A BILL FOR

AN ACT concerning regulation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Hydraulic Fracturing Regulatory Act is amended by changing Sections 1-35, 1-40, 1-45, and 1-50 as follows:

(225 ILCS 732/1-35)

Sec. 1-35. High volume horizontal hydraulic fracturing and horizontal drilling with fracturing operations permit application.

(a) Every applicant for a permit under this Act shall first register with the Department at least 30 days before applying for a permit. The Department shall make available a registration form within 90 days after the effective date of this Act. The registration form shall require the following information:

(1) the name and address of the registrant and any parent, subsidiary, or affiliate thereof;

(2) disclosure of all findings of a serious violation or an equivalent violation under federal or state laws or regulations in the development or operation of an oil or gas exploration or production site via hydraulic fracturing or horizontal drilling with fracturing by the applicant or any parent, subsidiary, or affiliate thereof within the previous 5 years; and

(3) proof of insurance to cover injuries, damages, or loss related to pollution or diminution in the amount of at least $5,000,000, from an insurance carrier authorized, licensed, or permitted to do this insurance business in this State that holds at least an A- rating by A.M. Best & Co. or any comparable rating service.

A registrant must notify the Department of any change in the information identified in paragraphs (1), (2), or (3) of this subsection (a) at least annually or upon request of the Department.

(b) Every applicant for a permit under this Act must submit the following information to the Department on an application form provided by the Department:

(1) the name and address of the applicant and any parent, subsidiary, or affiliate thereof;

(2) the proposed well name and address and legal description of the well site and its unit area;

(3) a statement whether the proposed location of the well site is in compliance with the requirements of Section 1-25 of this Act and a plat, which shows the proposed surface location of the well site, providing the distance in feet, from the surface location of the well site to the features described in subsection (a) of Section 1-25 of this Act;

(4) a detailed description of the proposed well to be used for the high volume horizontal hydraulic fracturing operations or horizontal drilling with fracturing operations including, but not limited to, the following information:

(A) the approximate total depth to which the well is to be drilled or deepened;

(B) the proposed angle and direction of the well;

(C) the actual depth or the approximate depth at which the well to be drilled deviates from vertical;

(D) the angle and direction of any nonvertical portion of the wellbore until the well reaches its total target depth or its actual final depth; and

(E) the estimated length and direction of the proposed horizontal lateral or wellbore;

(5) the estimated depth and elevation, according to the most recent publication of the Illinois State Geological Survey of Groundwater for the location of the well, of the lowest potential fresh water along the entire length of the proposed wellbore;

(6) a detailed description of the proposed high volume horizontal hydraulic fracturing operations or horizontal drilling with fracturing operations, including, but not limited to, the following:

(A) the formation affected by the high volume horizontal hydraulic fracturing operations or horizontal drilling with fracturing operations, including, but not limited to, geologic name and geologic description of the formation that will be stimulated by the operation;

(B) the anticipated surface treating pressure range;

(C) the maximum anticipated injection treating pressure;

(D) the estimated or calculated fracture pressure of the producing and confining zones; and

(E) the planned depth of all proposed perforations or depth to the top of the open hole section;

(7) a plat showing all known previous wellbores well bores within 1,500 750 feet of any part of the horizontal wellbore well bore that penetrated within 400 vertical feet of the formation that will be stimulated as part of the high volume horizontal hydraulic fracturing operations or horizontal drilling with fracturing operations;

(8) unless the applicant documents why the information is not available at the time the application is submitted, a chemical disclosure report identifying each chemical and proppant anticipated to be used in hydraulic fracturing or fracturing fluid for each stage of the hydraulic fracturing operations or horizontal drilling with fracturing operations including the following:

(A) the total volume of water anticipated to be used in the hydraulic fracturing or fracturing treatment of the well or the type and total volume of the base fluid anticipated to be used in the hydraulic fracturing or fracturing treatment, if something other than water;

(B) each hydraulic fracturing or fracturing additive anticipated to be used in the hydraulic fracturing or fracturing fluid, including the trade name, vendor, a brief descriptor of the intended use or function of each hydraulic fracturing or fracturing additive, and the Material Safety Data Sheet (MSDS), if applicable;

(C) each chemical anticipated to be intentionally added to the base fluid, including for each chemical, the Chemical Abstracts Service number, if applicable; and

(D) the anticipated concentration in the base fluid, in percent by mass, of each chemical to be intentionally added to the base fluid;

(9) a certification of compliance with the Water Use Act of 1983 and applicable regional water supply plans;

(10) a fresh water withdrawal and management plan that shall include the following information:

(A) the source of the water, such as surface or groundwater, anticipated to be used for water withdrawals, and the anticipated withdrawal location;

(B) the anticipated volume and rate of each water withdrawal from each withdrawal location;

(C) the anticipated months when water withdrawals shall be made from each withdrawal location;

(D) the methods to be used to minimize water withdrawals as much as feasible; and

(E) the methods to be used for surface water withdrawals to minimize adverse impact to aquatic life.

Where a surface water source is wholly contained within a single property, and the owner of the property expressly agrees in writing to its use for water withdrawals, the applicant is not required to include this surface water source in the fresh water withdrawal and management plan; .

(11) a plan for the handling, storage, transportation, and disposal or reuse of hydraulic fracturing or fracturing fluids and hydraulic fracturing or fracturing flowback. The plan shall identify the specific Class II injection well or wells that will be used to dispose of the hydraulic fracturing or fracturing flowback. The plan shall describe the capacity of the tanks to be used for the capture and storage of flowback and of the lined reserve pit to be used, if necessary, to temporarily store any flowback in excess of the capacity of the tanks. Identification of the Class II injection well or wells shall be by name, identification number, and specific location and shall include the date of the most recent mechanical integrity test for each Class II injection well;

(12) a well site safety plan to address proper safety measures to be employed during high volume horizontal hydraulic fracturing operations or horizontal drilling with fracturing operations for the protection of persons on the site as well as the general public. Within 15 calendar days after submitting the permit application to the Department, the applicant must provide a copy of the plan to the county or counties in which hydraulic fracturing operations or horizontal drilling with fracturing operations will occur. Within 5 calendar days of its receipt, the Department shall provide a copy of the well site safety plan to the Office of the State Fire Marshal;

(13) a containment plan describing the containment practices and equipment to be used and the area of the well site where containment systems will be employed, and within 5 calendar days of its receipt, the Department shall provide a copy of the containment plan to the Office of the State Fire Marshal;

(14) a casing and cementing plan that describes the casing and cementing practices to be employed, including the size of each string of pipe, the starting point, and depth to which each string is to be set and the extent to which each string is to be cemented;

(15) a traffic management plan that identifies the anticipated roads, streets, and highways that will be used for access to and egress from the well site. The traffic management plan will include a point of contact to discuss issues related to traffic management. Within 15 calendar days after submitting the permit application to the Department, the applicant must provide a copy of the traffic management plan to the county or counties in which the well site is located, and within 5 calendar days of its receipt, the Department shall provide a copy of the traffic management plan to the Office of the State Fire Marshal;

(16) the names and addresses of all owners of any real property within 1,500 feet of the proposed well site, as disclosed by the records in the office of the recorder of the county or counties;

(17) drafts of the specific public notice and general public notice as required by Section 1-40 of this Act;

(18) a statement that the well site at which the high volume horizontal hydraulic fracturing operation or horizontal drilling with fracturing operations will be conducted will be restored in compliance with Section 240.1181 of Title 62 of the Illinois Administrative Code and Section 1-95 of this Act;

(19) proof of insurance to cover injuries, damages, or loss related to pollution in the amount of at least $5,000,000; and

(20) any other relevant information which the Department may, by rule, require.

(c) Where a permit an application is made to conduct high volume horizontal fracturing operations or horizontal drilling with fracturing operations at a well site located within the limits of any city, county, village, or incorporated town, the application shall state the name of the city, county, village, or incorporated town and be accompanied with a certified copy of the official consent for the location of the well site and proposed fracturing operations within the jurisdiction of the county board or governing body requested to sign the consent hydraulic fracturing operations to occur from the municipal authorities where the well site is proposed to be located. No permit shall be issued unless consent is secured and filed with the permit application. In the event that an amended location is selected, the original permit shall not be valid unless a new certified consent is filed for the amended location. In considering the request for consent, the county board or governing body shall comply with the following:

(1) The county board or governing body shall approve or deny the request for consent for local siting of a well site and operations. The consent shall be requested from the county board with the primary jurisdiction over the land identified as the well site if the well site is not proposed to be located within the limits of a city, village, or incorporated town, or shall be requested from the governing body of the city, village, or incorporated town when the well site is proposed to be located within the limits of a city, village, or incorporated town.

(2) The request for consent shall be sent by the Department for a well site and fracturing operations to the applicable county board or governing body by certified mail. The receiving county board or governing body shall, within 24 hours of receipt, make the request for consent public by posting it in the customary public notice format for the applicable county board or governing body with instructions to the public regarding how public comment on the request for approval or denial of the request for consent of the well site and fracturing operations can be registered.

(3) A public meeting regarding approval or denial of a request for consent for a well site and fracturing operations shall be scheduled for the next public meeting or added to the agenda of a previously scheduled public meeting held by the county board or governing body no earlier than 10 business days after posting the public notice of the meeting time and location.

(4) The county board or governing body considering any request for consent for a well site and fracturing operations to be located within its jurisdiction shall consult with the Department about any and all specific details pertaining to the permit application for that well site. The Department shall provide the county board or governing body with all available information about the well site and fracturing operations including, but not limited to, the proposed fracturing operations of the well site, the history and expertise of the permit applicants, and the risks and possible mitigation of those risks relating to all issues encountered on the well site and fracturing operations.

(5) The county board or governing body shall consult with the Illinois State Water Survey and the Environmental Protection Agency about the fresh water withdrawal and management plan included in the permit application and any risks and possible mitigation for pollution or diminution of water resources. The Illinois State Water Survey and the Environmental Protection Agency shall provide the county board or governing body with all available information and include a summary of the information for use by the county board or governing body.

(6) The county board or governing body shall consult with the Environmental Protection Agency about any risks and possible mitigation for air pollution and water and soil contamination on and around the well site, and any soil and water contamination issues related to transportation to and from the well site. The Environmental Protection Agency shall provide the county board or governing body with all available information and include a summary of the information for use by the county board or governing body.

(7) The county board or governing body shall consult with Illinois Emergency Management Agency, the Illinois Department of Transportation, the Department of State Police, and the Illinois Fire Marshal about the risks and possible mitigation of accidents, damage to property, personal injury, transportation to and from the well site, natural disasters, and criminal acts that may affect the operations described on the permit application for the well site and fracturing operations. The Illinois Emergency Management Agency, the Illinois Department of Transportation, the Department of State Police, and the Illinois Fire Marshal shall provide the county board or governing body with all available information and include a summary of the information for use by the county board or governing body.

(8) The county board or governing body shall consult with the Department of Public Health about any public health risks and possible mitigation that might occur with the well site and the well site operations, with particular attention to the public health risks to pregnant women, infants and children, the disabled, the hearing and sight impaired, and persons with cardiovascular disease or respiratory disease. The Department of Public Health shall provide the county board or governing body with all available information and include a summary of the information for use by the county board or governing body.

(9) The county board or governing body shall consult with the Department and Illinois State Geological Survey about the risks and possible mitigation of induced seismicity from the well site, including Class II injection wells that the applicant has indicated on the application. The Department and the Illinois State Geological Survey shall provide the county board or governing body with all available information and include a summary of the information for use by the county board or governing body.

(10) All of the consultations listed in items (5) through (9) shall be conducted by the county board or governing body prior to approving or denying the request for consent for a well site and fracturing operations and prior to the public meeting regarding the approval or denial of the request for consent for the well site and fracturing operations in its jurisdiction. A summary of these consultations shall be prepared by the county board or governing body and be made public as soon as convenient through the customary public notice format for the county board or governing body. The summary of the consultation with the Department and each State agency under this Section shall be made available to the public by the county board or governing body at the public meeting regarding the approval or denial of the request for consent of the well site and fracturing operations.

(11) If the county board or the governing body determines that further consultations, public meetings, public hearings, expert testimony, site visits, research, and deliberations are necessary, it shall schedule and conduct any and all investigations according to all applicable State and local laws and ordinances. No deadline is imposed upon the approval or denial of the request for consent for a well site and fracturing operations.

(12) The county board or governing body shall develop a method of timely notification to the public and interested residents in the local jurisdiction about further details and announcements pertaining to the well site and fracturing operations, including any notifications of: (A) approval or denial of the request for consent, (B) further local investigations, studies, expert opinions and consultations; (C) accidents, blow outs, fires, incidents, violations, fines, public health notices, noise alerts, traffic pattern alerts, traffic accidents, crime alerts, and emergency planning, and (D) notices about water contamination, diminution, air pollution, and induced seismicity and radioactivity levels. This information shall be posted on the Internet website of the county board or governing body and shall clearly state that it relates to the well site and fracturing operations.

(13) The county board or governing body that is considering the approval or denial of a request for consent for a well site and fracturing operations within its jurisdiction shall deliberate on all of the information provided to it from each of the State agencies and shall determine the following:

(A) whether the well site and the well site operations are located and proposed to be operated in a way that maximizes the protection of the public health, safety, and welfare;

(B) whether the well site and fracturing operations are located and proposed to be operated in a way that ensures reasonable safety for domesticated animals, livestock, and wildlife in the locality;

(C) whether the well site and fracturing operations are located and proposed in a way that minimizes incompatibility with the character of the surrounding area, minimizes the effect on the value of the surrounding property, and whether local zoning ordinances and special use permits have been considered;

(D) whether the well site and fracturing operations are located and proposed to be operated outside the boundary of the 100 year flood plain;

(E) whether the well site and fracturing operations are located and proposed to be operated in a way that minimizes the danger to the surrounding area from fire, spills, blowouts, traffic accidents, induced seismicity, radioactivity exposure, excessive and dangerous noise levels, light pollution, water contamination, or other operational accidents;

(F) whether the well site and fracturing operations are located and proposed to be operated in a way that ensures that traffic patterns to or from the well site are designed to minimize the impact on existing traffic flows; and

(G) whether the well site and fracturing operations are located and proposed to be operated in a way that ensures that the treating, storing, transporting or disposing of TENORM, low level radioactive waste, hazardous waste, and chemical spillage is in compliance with all State and local laws and that an emergency response plan exists for the well site and fracturing operations which includes notification, containment, and evacuation procedures to be used in case of an accidental release.

(14) The county board or the governing body of the city, village, or incorporated town shall also consider as evidence the previous operating experience and past record of convictions or admissions of violations of the applicant for the permit for a well site, and any subsidiary or parent corporation, in the field of high volume hydraulic fracturing or horizontal drilling with fracturing operations.

(15) A county board or governing body may conduct a siting review under this Section and charge the applicant a reasonable fee for the reasonable and necessary costs incurred by the county board, city, village, or incorporated town in the siting review process.

(16) A county board or governing body may request the Illinois Department of Transportation to perform traffic impact studies of the proposed well site and fracturing operations.

(17) An applicant may not file a request for consent for a well site and fracturing operations which is substantially the same as a request that was denied within the preceding 2 years.

(18) Any county board or governing body shall, within 7 business days before approving or denying a request for consent for a well site and fracturing operations to be located within their jurisdictions, make available a summary report in the customary public notice format with instructions to the public regarding submission of final public comment on the approval or denial of the request for consent, including summaries of the siting plans for the well as described in the permit application, the fresh water withdrawal and management plan, the waste management plans, the traffic plans and anticipated routes, plans for emergency management of accidents, fires, blowouts, or chemical spills, feedback and concerns from the public, and any information obtained from the consultations with the Department and other State agencies. The report shall include the reasons that the county board or governing body is considering approval or denial of the request to consent to the well site and fracturing operations.

(19) If approved, a signed certified consent authorized by the county board or governing body shall be sent to the Department by certified mail to be included in the permit application. No permit shall be issued unless the certified signed consent is secured and filed with the permit application.

(20) Once a permit is issued, the county board or governing body shall consult with the Department and local emergency personnel, including the Department of State Police, once every 4 months regarding the progress of the application and fracturing operations at the well site, any ongoing emergency or traffic management issues, ongoing public health issues, and any ongoing production issues until production has ended at that well site and the site has been remediated and the well has been capped. The county board or governing body shall update its Internet website or otherwise inform the public regarding these updates about the well site, fracturing operations, and production operations every 6 months.

(21) In the event that an amended location is selected, the original permit and certified signed consent shall be invalid. A new certified consent, including compliance with all provisions of this Section, shall be filed for the amended location.

(d) The hydraulic fracturing or horizontal drilling with fracturing operations permit application shall be accompanied by a bond as required by subsection (a) of Section 1-65 of this Act.

(e) Each application for a permit under this Act shall include payment of a non-refundable fee of $13,500. Of this fee, $11,000 shall be deposited into the Mines and Minerals Regulatory Fund for the Department to use to administer and enforce this Act and otherwise support the operations and programs of the Office of Mines and Minerals. The remaining $2,500 shall be deposited into the Illinois Clean Water Fund for the Agency to use to carry out its functions under this Act. The Department shall not initiate its review of the permit application until the applicable fee under this subsection (e) has been submitted to and received by the Department.

(f) Each application submitted under this Act shall be signed, under the penalty of perjury, by the applicant or the applicant's designee who has been vested with the authority to act on behalf of the applicant and has direct knowledge of the information contained in the application and its attachments. Any person signing an application shall also sign an affidavit with the following certification:

"I certify, under penalty of perjury as provided by law and under penalty of refusal, suspension, or revocation of a high volume horizontal hydraulic fracturing or horizontal drilling with fracturing permit, that this application and all attachments are true, accurate, and complete to the best of my knowledge.".

(g) The permit application shall be submitted to the Department in both electronic and hard copy format. The electronic format shall be searchable.

(h) The application for a high volume horizontal hydraulic fracturing or horizontal drilling with fracturing permit may be submitted as a combined permit application with the operator's application to drill on a form as the Department shall prescribe. The combined application must include the information required in this Section. If the operator elects to submit a combined permit application, information required by this Section that is duplicative of information required for an application to drill is only required to be provided once as part of the combined application. The submission of a combined permit application under this subsection shall not be interpreted to relieve the applicant or the Department from complying with the requirements of this Act or the Illinois Oil and Gas Act.

(i) Upon receipt of a permit application, the Department shall have no more than 60 calendar days from the date it receives the permit application to approve, with any conditions the Department may find necessary, or reject the application for the high volume horizontal hydraulic fracturing or horizontal drilling with fracturing permit. The applicant may waive, in writing, the 60-day deadline upon its own initiative or in response to a request by the Department.

(j) If at any time during the review period the Department determines that the permit application is not complete under this Act, does not meet the requirements of this Section, or requires additional information, the Department shall notify the applicant in writing of the application's deficiencies and allow the applicant to correct the deficiencies and provide the Department any information requested to complete the application. If the applicant fails to provide adequate supplemental information within the review period, the Department may reject the application.

(Source: P.A. 98-22, eff. 6-17-13; revised 11-12-13.)

(225 ILCS 732/1-40)

Sec. 1-40. Public notice.

(a) Within 5 calendar days after the Department's receipt of the completed high volume horizontal hydraulic fracturing or horizontal drilling with fracturing application, the Department shall post notice of its receipt and a copy of the permit application on its website. The notice shall include the dates of the public comment period and directions for interested parties to submit comments.

(b) Within 5 calendar days after the Department's receipt of the completed permit application and notice to the applicant that the high volume horizontal hydraulic fracturing or horizontal drilling with fracturing permit application was received, the Department shall provide the Agency, the Office of the State Fire Marshal, Illinois State Water Survey, the Department of Public Health, the Illinois Emergency Management Agency, and Illinois State Geological Survey with notice of the application.

(c) The applicant shall provide the following public notice:

(1) Applicants shall mail specific public notice by U.S. Postal Service certified mail, return receipt requested, within 3 calendar days after submittal of the completed high volume horizontal hydraulic fracturing or horizontal drilling with fracturing permit application to the Department, to all persons identified as owners of real property within 1,500 feet of the proposed well site, as disclosed by the records in the office of the recorder of the county or counties, and to each municipality and county in which the well site is proposed to be located.

(2) Except as otherwise provided in this paragraph (2) of subsection (c), applicants shall provide general public notice by publication, once each week for 2 consecutive weeks, beginning no later than 3 calendar days after submittal of the completed high volume horizontal hydraulic fracturing or horizontal drilling with fracturing permit application to the Department, in a newspaper of general circulation published in each county where the well proposed for high volume hydraulic fracturing operations or horizontal drilling with fracturing operations is proposed to be located.

If a well is proposed for high volume hydraulic fracturing operations or horizontal drilling with fracturing operations in a county where there is no daily newspaper of general circulation, applicant shall provide general public notice, by publication, once each week for 2 consecutive weeks, in a weekly newspaper of general circulation in that county beginning as soon as the publication schedule of the weekly newspaper permits, but in no case later than 10 days after submittal of the completed high volume hydraulic fracturing or horizontal drilling with fracturing permit application to the Department.

(3) The specific and general public notices required under this subsection shall contain the following information:

(A) the name and address of the applicant;

(B) the date the application for a completed high volume horizontal hydraulic fracturing or horizontal drilling with fracturing permit was filed;

(C) the dates for the public comment period and a statement that anyone may file written comments about any portion of the applicant's submitted completed high volume horizontal hydraulic fracturing or horizontal drilling with fracturing permit application with the Department during the public comment period;

(D) the proposed well name, reference number assigned by the Department, and the address and legal description of the well site and its unit area;

(E) a statement that the information filed by the applicant in their application for a completed high volume horizontal hydraulic fracturing or horizontal drilling with fracturing permit is available from the Department through its website;

(F) the Department's website and the address and telephone number for the Department's Oil and Gas Division;

(G) a statement that any person having an interest that is or may be adversely affected, any government agency that is or may be affected, or the county board of a county to be affected under a proposed permit, may file written objections to a permit application and may request a public hearing.

(d) After providing the public notice as required under paragraph (2) of subsection (c) of this Section, the applicant shall supplement its permit application by providing the Department with a certification and documentation that the applicant fulfilled the public notice requirements of this Section. The Department shall not issue a permit until the applicant has provided the supplemental material required under this subsection.

(e) If multiple applications are submitted at the same time for wells located on the same well site, the applicant may use one public notice for all applications provided the notice is clear that it pertains to multiple applications and conforms to the requirements of this Section. Notice shall not constitute standing for purposes of requesting a public hearing or for standing to appeal the decision of the Department in accordance with the Administrative Review Law.

(Source: P.A. 98-22, eff. 6-17-13.)

(225 ILCS 732/1-45)

Sec. 1-45. Public comment periods.

(a) The public comment period shall begin 7 calendar days after the Department's receipt of the completed permit application with any and all required information officially submitted to the Department. The public comment period shall and last for 60 30 calendar days.

(b) Where a public hearing is conducted under Section 1-50 of this Act, the Department shall may provide for an additional public comment period of 20 15 days as necessary to allow for comments in response to evidence and testimony presented at the hearing. The additional public comment period shall be added to the original 60-day public comment period for a total of 80 days begin on the day after the public hearing.

(c) During any public comment period, any person may file written comments to the Department concerning any portion of the permit application and any issue relating to the applicant's compliance with the requirements of the Act and any other applicable laws.

(d) The Department shall may request that the applicant respond to any documented substantive public comments obtained during the public comment period.

(Source: P.A. 98-22, eff. 6-17-13.)

(225 ILCS 732/1-50)

Sec. 1-50. High volume horizontal hydraulic fracturing or horizontal drilling with fracturing operations permit; hearing.

(a) When a permit application is submitted to conduct high volume horizontal hydraulic fracturing operations or horizontal drilling with fracturing operations for the first time at a particular well site, any person having an interest that is or may be adversely affected, any government agency that is or may be affected, or the county board of a county to be affected under a proposed permit, may file written objections to the permit application and may request a public hearing during the public comment period established under subsection (a) of Section 1-45 of this Act. The request for hearing shall contain a short and plain statement identifying the person and stating facts demonstrating that the person has an interest that is or may be adversely affected. The Department shall hold a public hearing upon a request under this subsection, unless the request is determined by the Department to lack any adequate factual statement that the person is or may be adversely affected (i) lack an adequate factual statement that the person is or may be adversely affected or (ii) be frivolous.

(b) Prior to the commencement of a public hearing under this Section, any person who could have requested the hearing under subsection (a) of this Section may petition the Department to participate in the hearing in the same manner as the party requesting the hearing. The petition shall contain a short and plain statement identifying the petitioner and stating facts demonstrating that the petitioner is a person having an interest that is or may be adversely affected. The petitioner shall serve the petition upon the Department. Unless the Department determines that the petition is frivolous, or that the petitioner has failed to allege facts in support of an interest that is or may be adversely affected, the petitioner shall be allowed to participate in the hearing in the same manner as the party requesting the hearing. The petitioner, if denied participation in the hearing, may appeal the decision to the Director and receive a written response.

(c) The public hearing to be conducted under this Section shall comply with the contested case requirements of the Illinois Administrative Procedure Act. The Department shall establish rules and procedures to determine whether any request for a public hearing may be granted in accordance with subsection (a) of this Section, and for the notice and conduct of the public hearing. These procedural rules shall include provisions for reasonable notice to (i) the public and (ii) all parties to the proceeding, which include the applicant, the persons requesting the hearing, and the persons granted the right to participate in the hearing pursuant to subsection (b) of this Section, for the qualifications, powers, and obligations of the hearing officer, and for reasonable opportunity for all the parties to provide evidence and argument, to respond by oral or written testimony to statements and objections made at the public hearing, and for reasonable cross-examination of witnesses. County boards, governing bodies of municipalities, villages, and incorporated towns, and the public may present their written objections or recommendations at the public hearing. A complete record of the hearings and all testimony shall be made by the Department and recorded stenographically or electronically. The complete record shall be maintained and shall be accessible to the public on the Department's website until final release of the applicant's performance bond.

(d) At least 21 10 calendar days before the date of the public hearing, the Department shall publish notice of the public hearing in a newspaper of general circulation published in the county where the proposed well site will be located.

(Source: P.A. 98-22, eff. 6-17-13.)