Full Text of HB3215 99th General Assembly
HB3215eng 99TH GENERAL ASSEMBLY |
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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 Section 19.1 as follows:
| 6 | | (225 ILCS 725/19.1) (from Ch. 96 1/2, par. 5426)
| 7 | | Sec. 19.1.
If, after notice and an opportunity for a | 8 | | hearing, the
Department finds that a well drilled for the | 9 | | exploration, development, storage
or production of oil or gas, | 10 | | or as injection, salt water disposal, salt water
source,
| 11 | | observation, and geological or structure test has been | 12 | | abandoned or is
leaking salt water, oil, gas or other | 13 | | deleterious substances into any fresh
water formation or onto | 14 | | the surface of the land in the vicinity of the
well, the | 15 | | Department shall issue an order that the well be
properly | 16 | | plugged, replugged or repaired to remedy such situation. Notice | 17 | | under this Section shall consist of written notice served to | 18 | | the permittee personally or by certified mail sent to the | 19 | | permittee's last known address. If the Department determines | 20 | | that the permittee resides or has gone out of this State or, on | 21 | | due inquiry, cannot be found or is concealed within the State | 22 | | so that process cannot be served upon him or her, the | 23 | | Department may cause publication to be made in some newspaper |
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| 1 | | published in the county in which the well is located. If there | 2 | | is no newspaper published in that county, then the publication | 3 | | shall be in a newspaper published in the adjoining county in | 4 | | this State having a circulation in the county in which action | 5 | | is pending. In addition, the Department may cause notice of | 6 | | hearing to be posted at the tank battery located on the lease | 7 | | containing the well at issue for at least 30 days prior to the | 8 | | scheduled date of the hearing. The publication shall contain | 9 | | notice of the pendency of the hearing, the name of the | 10 | | permittee, the name of the well, the names of the parties to be | 11 | | served by publication, and the date on or after which the | 12 | | default may be entered against the party. The Department shall | 13 | | also, within 10 days of the first publication of the notice of | 14 | | posting at the tank battery, send a copy of the publication by | 15 | | mail to the permittee's last known place of residence. The | 16 | | certificate that the Director or his or her representative has | 17 | | sent the copy in accordance with this Section is evidence that | 18 | | he or she has done so. If the
permittee fails to do so within 30 | 19 | | days from the date of the order, then any
person duly | 20 | | authorized by the Department may enter upon the land on which
| 21 | | the well is located and plug, replug, or repair the well as may | 22 | | be
reasonably required to remedy the condition.
The costs and | 23 | | expenses incurred by the Department under this Act
shall be a | 24 | | debt due by the permittee to the Department together with
| 25 | | interest at the rate set forth in Section 2-1303 of the Code of | 26 | | Civil
Procedure. The permittee's failure to comply with the
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| 1 | | Department's order is a violation of this Act.
| 2 | | If the Department determines that any condition or practice | 3 | | exists, or
that any person or permittee is in violation of any | 4 | | requirement of this Act
or the rules adopted hereunder or any | 5 | | permit condition, which condition,
practice or violation | 6 | | creates an imminent danger to the health or safety of
the | 7 | | public, or an imminent danger of significant environmental harm | 8 | | or
significant damage to property, any authorized employee or | 9 | | agent of the
Department may order the immediate cessation of | 10 | | operation. If a
responsible party cannot be readily located in | 11 | | the judgment of the employee
or agent issuing the order, the | 12 | | employee or agent may take any action he
deems necessary to | 13 | | cause a cessation of operations and abatement of any
condition. | 14 | | The cessation order shall be served by mailing it certified
| 15 | | mail-return receipt requested to the last known address of the | 16 | | person or
permittee as soon as is practicably possible but in | 17 | | no event later than 5
days after its issuance.
| 18 | | Pending completion of the investigation and any hearing | 19 | | under Section 8a
of this Act, the person or permittee may file | 20 | | with the Department a written
request for temporary relief from | 21 | | the cessation order, together with a
detailed statement giving | 22 | | reasons for granting such relief. The
Department shall commence | 23 | | a hearing within 5 days after receipt of the
request and may | 24 | | grant such relief, under such conditions as it may
prescribe, | 25 | | if the applicant shows a substantial likelihood that the | 26 | | findings
of the Department will be favorable to him and such |
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| 1 | | relief will not
adversely affect the health or safety of the | 2 | | public or cause significant
environmental harm or significant | 3 | | damage to property.
| 4 | | (Source: P.A. 89-243, eff. 8-4-95.)
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