Full Text of HB5567 98th General Assembly
HB5567 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB5567 Introduced , by Rep. Brandon W. Phelps SYNOPSIS AS INTRODUCED: |
| 225 ILCS 725/6.1 | from Ch. 96 1/2, par. 5410 | 225 ILCS 725/21.1 | from Ch. 96 1/2, par. 5433 | 225 ILCS 725/22.2 | from Ch. 96 1/2, par. 5436 | 225 ILCS 725/23.3 | from Ch. 96 1/2, par. 5440 |
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Amends the Illinois Oil and Gas Act. Establishes procedural requirements that the Department of Natural Resources must follow upon receiving certain applications or permits under the Act. Provides that all such applications or petitions for a permit submitted to the Department shall be accepted and filed or not accepted and filed by the Department within 5 business days after the date of receipt by the Department. Further provides that if the application or petition is accepted and filed, a public hearing on the application or petition shall be scheduled not less than 30 days but not more than 60 days after the acceptance and filing by the Department, and if not accepted and filed, requires the Department to provide specific requirements for additional information or documentation. Further provides that the application or petition shall not be accepted and filed if it is determined by the Department that legal or regulatory impediments would prevent such acceptance and filing. Provides that if the Department does not timely respond to any application or petition or the submission of additional information or documentation after initial submission, the application or petition shall be deemed to be sufficient for acceptance and filing and that the Department shall proceed with the scheduling of a public hearing. Provides that, after a public hearing, the Department shall either grant or deny the application or petition within 20 working days after the conclusion of the hearing.
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| | A BILL FOR |
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| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Oil and Gas Act is amended by | 5 | | changing Sections 6.1, 21.1, 22.2, and 23.3 as follows:
| 6 | | (225 ILCS 725/6.1) (from Ch. 96 1/2, par. 5410)
| 7 | | Sec. 6.1.
When the applicant has complied with all | 8 | | applicable
provisions of this Act and the rules of the | 9 | | Department, the Department
shall issue the permit. All | 10 | | applications for a permit submitted to the Department shall | 11 | | either be granted or denied in writing within 5 business days | 12 | | after the date of receipt by the Department. If granted, the | 13 | | written permit shall be issued. If denied, the Department shall | 14 | | provide specific requirements for additional information or | 15 | | documentation needed for the application to be considered and | 16 | | the permit issued. Upon submission of the required information | 17 | | and documentation, the same process and timeframe as provided | 18 | | in this Section shall continue until either the permit is | 19 | | issued or it is determined that the permit cannot be issued | 20 | | because of legal or regulatory impediments. If the Department | 21 | | does not timely respond to any application or submission of | 22 | | additional information and documentation after initial | 23 | | submission, then the application shall be deemed granted and |
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| 1 | | the permit shall be issued by the Department within 3 working | 2 | | days after the expiration of the time to respond.
| 3 | | (Source: P.A. 85-1334.)
| 4 | | (225 ILCS 725/21.1) (from Ch. 96 1/2, par. 5433)
| 5 | | Sec. 21.1.
(a) The Department is authorized to issue | 6 | | permits for the
drilling of wells and to regulate the spacing | 7 | | of wells for oil and gas
purposes. For the prevention of waste, | 8 | | to protect and enforce the
correlative rights of owners in the | 9 | | pool, and to prevent the drilling of
unnecessary wells, the | 10 | | Department shall, upon application of any
interested person and | 11 | | after notice and hearing, establish a drilling unit
or units | 12 | | for the production of oil and gas or either of them for each | 13 | | pool,
provided that no spacing regulation shall be adopted nor | 14 | | drilling unit
established which requires the allocation of more | 15 | | than 40 acres of surface
area nor less than 10 acres of surface | 16 | | area to an individual well for
production of oil from a pool | 17 | | the top of which lies less than 4,000 feet
beneath the surface | 18 | | (as determined by the original or discovery well in the
pool), | 19 | | provided, however, that the Department may
permit the | 20 | | allocation
of greater acreage to an individual well than that | 21 | | above specified, and
provided further that the spacing of wells | 22 | | in any pool the top of which
lies less than 4,000 feet beneath | 23 | | the surface (as determined by the
original or discovery well in | 24 | | the pool) shall not include the fixing of a
pattern except with | 25 | | respect to the 2 nearest external boundary lines of
each |
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| 1 | | drilling unit, and provided further that no acreage allocation | 2 | | shall
be required for input or injection wells nor for | 3 | | producing wells lying
within a secondary recovery unit as now | 4 | | or hereafter established.
| 5 | | (b) Drilling units shall be of approximately uniform size | 6 | | and shape for
each entire pool, except that where circumstances | 7 | | reasonably require, the
Department may grant exceptions to the | 8 | | size or shape
of any drilling unit
or units. Each order | 9 | | establishing drilling units shall specify the size and
shape of | 10 | | the unit, which shall be such as will result in the efficient | 11 | | and
economical development of the pool as a whole, and subject | 12 | | to the
provisions of subsection (a) hereof the size of no | 13 | | drilling unit shall be
smaller than the maximum area that can | 14 | | be efficiently and economically
drained by one well. Each order | 15 | | establishing drilling units for a pool
shall cover all lands | 16 | | determined or believed to be underlaid by such pool,
and may be | 17 | | modified by the Department from time to time to include
| 18 | | additional lands determined to be underlaid by such pool. Each | 19 | | order
establishing drilling units may be modified by the | 20 | | Department to change
the size thereof, or to permit the | 21 | | drilling of additional wells.
| 22 | | (b-2) Any petition requesting a drilling unit exception | 23 | | shall be accompanied by a non-refundable application fee in the | 24 | | amount of $1,500 for a Modified Drilling Unit or Special | 25 | | Drilling Unit or a non-refundable application fee in the amount | 26 | | of $2,500 for a Pool-Wide Drilling Unit. |
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| 1 | | (c) Each order establishing drilling units shall prohibit | 2 | | the drilling
of more than one well on any drilling unit for the | 3 | | production of oil or gas
from the particular pool with respect | 4 | | to which the drilling unit is
established and subject to the | 5 | | provisions of subsection (a) hereof shall
specify the location | 6 | | for the drilling of such well thereon, in accordance
with a | 7 | | reasonably uniform spacing pattern, with necessary exceptions | 8 | | for
wells drilled or drilling at the time of the application. | 9 | | If the Department
finds, after notice and hearing, that surface | 10 | | conditions would
substantially add to the burden or hazard of | 11 | | drilling such well at the
specified location, or for some other | 12 | | reason it would be inequitable or
unreasonable to require a | 13 | | well to be drilled at the specified location, the
Department | 14 | | may issue an order permitting the well to be drilled at a
| 15 | | location other than that specified in the order establishing | 16 | | drilling
units.
| 17 | | (d) After the date of the notice for a hearing called to | 18 | | establish
drilling units, no additional well shall be commenced | 19 | | for production from
the pool until the order establishing | 20 | | drilling units has been issued,
unless the commencement of the | 21 | | well is authorized by order of the Department.
| 22 | | (e) After an order establishing a drilling unit or units | 23 | | has been issued
by the Department, the commencement of drilling | 24 | | of any
well or wells into
the pool with regard to which such | 25 | | unit was established for the purpose of
producing oil or gas | 26 | | therefrom, at a location other than that authorized by
the |
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| 1 | | order, or by order granting exception to the original spacing | 2 | | order, is
hereby prohibited. The operation of any well drilled | 3 | | in violation of an
order establishing drilling units is hereby | 4 | | prohibited.
| 5 | | (f) Any application or petition by any interested person | 6 | | for a drilling unit as provided in this Section shall be | 7 | | accepted and filed or not accepted and filed by the Department | 8 | | within 10 business days after receipt by the Department. If the | 9 | | petition is accepted and filed, a public hearing on the | 10 | | petition shall be scheduled not less than 30 days, but not more | 11 | | than 60 days, after the acceptance and filing by the | 12 | | Department. If not accepted, and filed, the Department shall | 13 | | provide specific requirements for additional information or | 14 | | documentation needed for the petition to be considered, | 15 | | accepted, and filed. Upon submission of the required | 16 | | information and documentation, the same process and timeframe | 17 | | as provided in this subsection (f) shall continue until the | 18 | | petition has been accepted and filed at which time a hearing | 19 | | shall be scheduled as previously stated in this subsection (f). | 20 | | The petition shall not be accepted and filed if it is | 21 | | determined by the Department that, under any circumstance, | 22 | | legal or regulatory impediments would prevent such acceptance | 23 | | and filing. If the Department does not timely respond to any | 24 | | petition or the submission of additional information or | 25 | | documentation after initial submission, then the petition | 26 | | shall be deemed to be in sufficient form for acceptance and |
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| 1 | | filing and the Department shall proceed with the scheduling of | 2 | | a public hearing. The Department, after public hearing, shall | 3 | | either grant or deny the petition within 20 working days after | 4 | | the conclusion of the hearing. | 5 | | (g) Any petition by an interested person to establish | 6 | | drilling units for a pool as provided in this Section shall be | 7 | | accepted and filed or not accepted and filed by the Department | 8 | | within 10 business days after receipt by the Department. If the | 9 | | petition is accepted and filed, a public hearing on the | 10 | | petition shall be scheduled not less than 30 days, but not more | 11 | | than 60 days, after the acceptance and filing by the | 12 | | Department. If not accepted and filed, the Department shall | 13 | | provide specific requirements for additional information or | 14 | | documentation needed for the petition to be considered, | 15 | | accepted, and filed. Upon submission of the required | 16 | | information and documentation, the same process and timeframe | 17 | | as provided in this subsection (g) shall continue until the | 18 | | petition has been accepted and filed at which time a hearing | 19 | | shall be scheduled as previously stated in this subsection (g). | 20 | | The petition shall not be accepted and filed if it is | 21 | | determined by the Department that, under any circumstance, | 22 | | legal or regulatory impediments would prevent such acceptance | 23 | | and filing. If the Department does not timely respond to any | 24 | | petition or the submission of additional information or | 25 | | documentation after initial submission, then the petition | 26 | | shall be deemed to be in sufficient form for acceptance and |
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| 1 | | filing and the Department shall proceed with the scheduling of | 2 | | a public hearing. The Department, after public hearing, shall | 3 | | either grant or deny the petition within 20 working days after | 4 | | the conclusion of the hearing. | 5 | | (Source: P.A. 97-1136, eff. 1-1-13.)
| 6 | | (225 ILCS 725/22.2) (from Ch. 96 1/2, par. 5436)
| 7 | | Sec. 22.2. Integration of interests in drilling unit.
| 8 | | (a) As used in
this Section, "owner" means any person
| 9 | | having an interest in the right to drill into and produce oil | 10 | | or gas from
any pool, and to appropriate the production for | 11 | | such owner or others.
| 12 | | (b) Except as provided in subsection (b-5), when 2 or more | 13 | | separately
owned tracts of land are embraced
within an | 14 | | established drilling unit, or when there are separately owned
| 15 | | interests in all or a part of such units, the owners of all oil | 16 | | and gas
interests therein may validly agree to integrate their | 17 | | interests and to
develop their lands as a drilling unit.
Where, | 18 | | however, such owners have
not agreed to integrate their | 19 | | interests and where no action has been
commenced seeking | 20 | | permission to drill pursuant to the provisions of "An Act
in | 21 | | relation to oil and gas interests in land", approved July 1, | 22 | | 1939, and
where at least one of the owners has drilled or has | 23 | | proposed to drill a
well on an established drilling unit the | 24 | | Department on the application of
an owner shall, for the | 25 | | prevention of waste or to avoid the drilling of
unnecessary |
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| 1 | | wells, require such owners to do so and to develop their lands
| 2 | | as a drilling unit. The Department, as a part of the order | 3 | | integrating
interests, may prescribe the terms and conditions | 4 | | upon which the royalty
interests in the unit or units shall, in | 5 | | the absence of voluntary
agreement, be determined to be | 6 | | integrated without the necessity of a
subsequent separate order | 7 | | integrating the royalty interests. Each such
integration order | 8 | | shall be upon terms and conditions that are just and
| 9 | | reasonable.
| 10 | | (b-5) When 2 or more separately owned tracts of land are | 11 | | embraced within
an established drilling unit, or when there are | 12 | | separately owned interests in
all or a part of the unit, and | 13 | | one of the owners is the Department of
Natural Resources, | 14 | | integration of the separate tracts shall be allowed only
if, | 15 | | following a comprehensive environmental impact review | 16 | | performed by the
Department, the Department determines that no | 17 | | substantial or irreversible
detrimental harm will occur on | 18 | | Department lands as a result of any proposed
activities | 19 | | relating to mineral extraction. The environmental impact | 20 | | review
shall include but shall not be
limited to an assessment | 21 | | of the potential destruction or depletion of flora and
fauna, | 22 | | wildlife and its supporting habitat, surface and subsurface | 23 | | water
supplies, aquatic life, and recreational activities | 24 | | located on the land
proposed to be integrated. The Department | 25 | | shall adopt rules necessary to
implement this subsection.
| 26 | | (b-6) All proceeds, bonuses, rentals, royalties, and other |
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| 1 | | inducements and
considerations received from the integration | 2 | | of Department of Natural Resources
lands that have not been | 3 | | purchased by the Department of Natural Resources with
moneys | 4 | | appropriated from the Wildlife and Fish Fund shall be deposited | 5 | | as
follows: at least 50% of the amounts received shall be | 6 | | deposited into the
State Parks Fund and not more than 50% shall | 7 | | be deposited into the Plugging and
Restoration Fund.
| 8 | | (c) All orders requiring such integration shall be made | 9 | | after notice and
hearing and shall be upon terms and conditions | 10 | | that are just and reasonable
and will afford to the owners of | 11 | | all oil and gas interests in each tract in
the drilling unit | 12 | | the opportunity to recover or receive their just and
equitable | 13 | | share of oil or gas from the drilling unit without unreasonable
| 14 | | expense and will prevent or minimize reasonably avoidable | 15 | | drainage from
each integrated drilling unit which is not | 16 | | equalized by counter drainage,
but the Department may not limit | 17 | | the production from any well under this
provision. The request | 18 | | shall be made by petition accompanied by a non-refundable | 19 | | application fee of $1,500. The fee shall be deposited into the | 20 | | Underground Resources Conservation Enforcement Fund. The | 21 | | monies deposited into the Underground Resources Conservation | 22 | | Enforcement Fund under this subsection shall not be subject to | 23 | | administrative charges or chargebacks unless otherwise | 24 | | authorized by this Act.
| 25 | | (d) All operations, including, but not limited to, the | 26 | | commencement,
drilling, or operation of a well upon any portion |
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| 1 | | of a drilling unit shall
be deemed for all purposes the conduct | 2 | | of such operations upon each
separately owned tract in the | 3 | | drilling unit by the several owners thereof.
That portion of | 4 | | the production allocated to a separately owned tract
included | 5 | | in a drilling unit shall, when produced, be deemed, for all
| 6 | | purposes, to have been actually produced from such tract by a | 7 | | well drilled
thereon.
| 8 | | (e) In making the determination of integrating separately | 9 | | owned
interests, and determining to whom the permit should be | 10 | | issued, the
Department may consider:
| 11 | | (1) the reasons requiring the integration of separate | 12 | | interests;
| 13 | | (2) the respective interests of the parties in the | 14 | | drilling unit
sought to be established, and the pool or | 15 | | pools in the field where the
proposed drilling unit is | 16 | | located;
| 17 | | (3) any parties' prior or present compliance with the | 18 | | Act and the
Department's rules; and
| 19 | | (4) any other information relevant to protect the | 20 | | correlative rights
of the parties sought to be affected by | 21 | | the integration order.
| 22 | | (f) Each such integration order shall authorize the | 23 | | drilling, testing,
completing, equipping, and operation of a | 24 | | well on the drilling unit;
provide who may drill and operate | 25 | | the well; prescribe the time and manner
in which all the owners | 26 | | in the drilling unit may elect to participate
therein; and make |
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| 1 | | provision for the payment by all those who elect to
participate | 2 | | therein of the reasonable actual cost thereof, plus a
| 3 | | reasonable charge for supervision and interest. Should an owner | 4 | | not elect
to voluntarily participate in the risk and costs of | 5 | | the drilling, testing,
completing and operation of a well as | 6 | | determined by the Department, the
integration order shall | 7 | | provide either that:
| 8 | | (1) the nonparticipating owner shall surrender a | 9 | | leasehold interest to
the participating owners on a basis | 10 | | and for such terms and consideration
the Department finds | 11 | | fair and reasonable; or
| 12 | | (2) the nonparticipating owner shall share in a | 13 | | proportionate part of
the production of oil and gas from | 14 | | the drilling unit determined by the
Department, and pay a | 15 | | proportionate part of operation cost after the
| 16 | | participating owners have recovered from the production of | 17 | | oil or gas from
a well all actual costs in the drilling, | 18 | | testing, completing and operation
of the well plus a | 19 | | penalty to be determined by the Department of not less
than | 20 | | 100% nor more than 300% of such actual costs.
| 21 | | (g) For the purpose of this Section, the owner or owners of | 22 | | oil and gas
rights in and under an unleased tract of land shall | 23 | | be regarded as a lessee
to the extent of a 7/8 interest in and | 24 | | to said rights and a lessor to the
extent of the remaining 1/8 | 25 | | interest therein.
| 26 | | (h) In the event of any dispute relative to costs and |
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| 1 | | expenses of
drilling, testing, equipping, completing and | 2 | | operating a well, the
Department shall determine the proper | 3 | | costs after due notice to interested
parties and a hearing | 4 | | thereon. The operator of such unit, in addition to
any other | 5 | | right provided by the integration order of the Department, | 6 | | shall
have a lien on the mineral leasehold estate or rights | 7 | | owned by the other
owners therein and upon their shares of the | 8 | | production from such unit to
the extent that costs incurred in | 9 | | the development and operation upon said
unit are a charge | 10 | | against such interest by order of the Department or by
| 11 | | operation of law. Such liens shall be separable as to each | 12 | | separate owner
within such unit, and shall remain liens until | 13 | | the owner or owners drilling
or operating the well have been | 14 | | paid the amount due under the terms of the
integration order. | 15 | | The Department is specifically authorized to provide
that the | 16 | | owner or owners drilling, or paying for the drilling, or for | 17 | | the
operation of a well for the benefit of all shall be | 18 | | entitled to production
from such well which would be received | 19 | | by the owner or owners for whose
benefit the well was drilled | 20 | | or operated, after payment of royalty, until
the owner or | 21 | | owners drilling or operating the well have been paid the
amount | 22 | | due under the terms of the integration order settling such | 23 | | dispute.
| 24 | | (i) Any petition submitted to the Department for | 25 | | integration as provided in this Section shall be accepted and | 26 | | filed or not accepted and filed by the Department within 10 |
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| 1 | | business days after receipt by the Department. If the petition | 2 | | is accepted and filed, a public hearing on the petition shall | 3 | | be scheduled not less than 30 days, but not more than 60 days, | 4 | | after the acceptance and filing by the Department. If not | 5 | | accepted and filed, the Department shall provide specific | 6 | | requirements for additional information or documentation | 7 | | needed for the petition to be considered, accepted, and filed. | 8 | | Upon submission of the required information and documentation, | 9 | | the same process and timeframe as provided in this subsection | 10 | | (i) shall continue until the petition has been accepted and | 11 | | filed at which time a hearing shall be scheduled as previously | 12 | | stated in this subsection (i). The petition shall not be | 13 | | accepted and filed if it is determined by the Department that | 14 | | under any circumstance, legal or regulatory impediments would | 15 | | prevent such acceptance and filing. If the Department does not | 16 | | timely respond to any petition or the submission of additional | 17 | | information or documentation after initial submission, then | 18 | | the petition shall be deemed to be in sufficient form for | 19 | | acceptance and filing and the Department shall proceed with the | 20 | | scheduling of a public hearing. The Department, after public | 21 | | hearing, shall either grant or deny the petition within 20 | 22 | | working days after the conclusion of the hearing. | 23 | | (Source: P.A. 97-1136, eff. 1-1-13.)
| 24 | | (225 ILCS 725/23.3) (from Ch. 96 1/2, par. 5440)
| 25 | | Sec. 23.3.
The Department, upon the petition of any
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| 1 | | interested person,
shall hold a public hearing to consider the | 2 | | need for operating a pool, pools,
or any portion thereof, as a | 3 | | unit to enable, authorize and require operations
which will | 4 | | increase the ultimate recovery of oil and gas, prevent the | 5 | | waste
of oil and gas, and protect correlative rights of the | 6 | | owners of
the oil and gas.
| 7 | | (1) Such petition shall contain the following:
| 8 | | (a) A description of the land and pool, pools, or parts | 9 | | thereof, within
the proposed unit area.
| 10 | | (b) The names of all persons owning or having an | 11 | | interest in the oil and
gas rights in the proposed unit | 12 | | area as of the date of filing the petition,
as disclosed by | 13 | | the records in the office of the recorder for
the county or | 14 | | counties in which the unit area is situated, and their | 15 | | addresses,
if known. If the address of any person is | 16 | | unknown, the petition shall so
indicate.
| 17 | | (c) A statement of the type of operations contemplated | 18 | | for the unit area.
| 19 | | (d) A copy of a proposed plan of unitization signed by | 20 | | persons owning
not less than 51% of the working interest | 21 | | underlying the surface
within the area proposed to be | 22 | | unitized, which the petitioner considers fair,
reasonable
| 23 | | and equitable; said plan of unitization shall include (or | 24 | | provide in a separate
unit operating agreement, if there be | 25 | | more than one working interest owner,
a copy of which shall | 26 | | accompany the petition) the following:
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| 1 | | (i) A plan for allocating to each separately owned | 2 | | tract in the unit
area
its share of the oil and gas | 3 | | produced from the unit area and not required
or | 4 | | consumed in the conduct of the operation of the unit | 5 | | area or unavoidably
lost.
| 6 | | (ii) A provision indicating how unit expense shall | 7 | | be determined and
charged
to the several owners, | 8 | | including a provision for carrying or otherwise
| 9 | | financing
any working interest owner who has not | 10 | | executed the proposed plan of
unitization
and who | 11 | | elects to be carried or otherwise financed, and | 12 | | allowing the unit
operator, for the benefit of those | 13 | | working interest owners who have paid
the development | 14 | | and operating costs, the recovery of not more than 150%
| 15 | | of such person's actual share of development costs of | 16 | | the unit plus operating
costs, with interest. Recovery | 17 | | of the money advanced to owners wishing to
be financed, | 18 | | for development and operating costs of the unit, | 19 | | together with
such other sums provided for herein, | 20 | | shall only be recoverable from such
owner's share of | 21 | | unit production from the unit area.
| 22 | | (iii) A procedure and basis upon which wells, | 23 | | equipment, and other
properties
of the several working | 24 | | interest owners within the unit area are to be taken
| 25 | | over and used for unit operations, including the method | 26 | | of arriving at the
compensation therefor.
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| 1 | | (iv) A plan for maintaining effective supervision | 2 | | and conduct of unit
operations, in respect to which | 3 | | each working interest owner shall have a
vote with a | 4 | | value corresponding to the percentage of unit expense | 5 | | chargeable
against the interest of such owner.
| 6 | | (e) A non-refundable application fee in the amount of | 7 | | $2,500. | 8 | | (2) Concurrently with the filing of the petition with the
| 9 | | Department,
the petitioner may file or cause to be filed, in | 10 | | the office of the recorder
for the county or counties in which | 11 | | the affected lands sought to be unitized
are located, a notice | 12 | | setting forth:
| 13 | | (a) The type of proceedings before the Department
and a | 14 | | general statement
of the purpose of such proceedings.
| 15 | | (b) A legal description of the lands, oil and gas lease | 16 | | or leases, and
other oil and gas property interests, which | 17 | | may be affected by the proposed
unitization.
| 18 | | (3) Upon the filing of such notice:
| 19 | | (a) All transfers of title to oil and gas rights shall | 20 | | thereafter be
subject
to the final order of the Department | 21 | | in such proceedings, and
| 22 | | (b) Such notice shall be constructive notification to | 23 | | every person
subsequently
acquiring an interest in or a | 24 | | lien on any of the property affected thereby,
and every | 25 | | person whose interest or lien is not shown of record at the | 26 | | time
of filing such notice shall, for the purpose of this |
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| 1 | | Act, be deemed a
subsequent
purchaser and shall be bound by | 2 | | the proceedings before the Department
to the same extent | 3 | | and in the same manner as if he were a party thereto.
| 4 | | (4) Any petition by any interested person for a unit as | 5 | | provided in this Section shall be accepted and filed or not | 6 | | accepted and filed by the Department within 10 business days | 7 | | after receipt by the Department. If the petition is accepted | 8 | | and filed, a public hearing on the petition shall be scheduled | 9 | | not less than 30 days, but not more than 60 days, after the | 10 | | acceptance and filing by the Department. If not accepted and | 11 | | filed, the Department shall provide specific requirements for | 12 | | additional information or documentation needed for the | 13 | | petition to be considered, accepted, and filed. Upon submission | 14 | | of the required information and documentation, the same process | 15 | | and timeframe as provided in this paragraph (4) shall continue | 16 | | until the petition has been accepted and filed at which time a | 17 | | hearing shall be scheduled as previously stated in this | 18 | | paragraph (4). The petition shall not be accepted and filed if | 19 | | it is determined by the Department that under any circumstance, | 20 | | legal or regulatory impediments would prevent such acceptance | 21 | | and filing. If the Department does not timely respond as to any | 22 | | petition or the submission of additional information or | 23 | | documentation after initial submission, then the petition | 24 | | shall be deemed to be in sufficient form for acceptance and | 25 | | filing and the Department shall proceed with the scheduling of | 26 | | a public hearing. The Department, after public hearing, shall |
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| 1 | | either grant or deny the petition within 20 working days after | 2 | | the conclusion of the hearing. | 3 | | (Source: P.A. 97-1136, eff. 1-1-13.)
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