SB1378eng 99TH GENERAL ASSEMBLY

SB1378 Engrossed LRB099 10502 AMC 30729 b

AN ACT concerning regulation.

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

Section 5. The Illinois Oil and Gas Act is amended by changing Section 19.1 as follows:

(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. Notice under this Section shall consist of written notice served to the permittee personally or by certified mail sent to the permittee's last known address. If the Department determines that the permittee resides or has gone out of this State or, on due inquiry, cannot be found or is concealed within the State so that process cannot be served upon him or her, the Department may cause publication to be made in some newspaper published in the county in which the well is located. If there is no newspaper published in that county, then the publication shall be in a newspaper published in the adjoining county in this State having a circulation in the county in which action is pending. In addition, the Department may cause notice of hearing to be posted at the tank battery located on the lease containing the well at issue for at least 30 days prior to the scheduled date of the hearing. The publication shall contain notice of the pendency of the hearing, the name of the permittee, the name of the well, the names of the parties to be served by publication, and the date on or after which the default may be entered against the party. The Department shall also, within 10 days of the first publication of the notice of posting at the tank battery, send a copy of the publication by mail to the permittee's last known place of residence. The certificate that the Director or his or her representative has sent the copy in accordance with this Section is evidence that he or she has done so. 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.)