Section 240.140  Violations Not Requiring Formal Action

a)         When an inspector or other authorized employee or agent of the Department determines that any permittee is in violation of any requirement of the Act or this Part or any permit condition, and the inspector or other authorized employee or agent also finds [225 ILCS 725/8a]:

1)         that the violation was not caused by the permittee's deliberate action;

2)         that any action necessary to abate the violation was commenced immediately and was or will be completed within a specified date certain, as established by the Department representative, not to exceed 120 days from the date of the determination that the permittee is in violation; and

3)         that the violation has not caused and cannot reasonably be expected to cause significant environmental harm or damage to property;

            the violation shall be noted on an inspection report, compliance schedule or other written notification without the need for the issuance of a notice of violation pursuant to Section 240.150.  The written inspection report, compliance schedule or other written notification shall indicate the nature and circumstances of the violation, and the time within which and the means by which the violation is to be abated.  A copy of the inspection report, compliance schedule or other written notification shall be delivered to the permittee or his representative at the time it is prepared, and the original shall be forwarded to the Director or his designee.

b)         If, following investigation, the Director or his designee determines that abatement was not completed as specified in the inspection report, compliance schedule or other written notification, the Director or his designee shall issue a notice of violation in accordance with Section 240.150 and/or a cessation order in accordance with Sections 240.185 and 240.186.

c)         The provisions of this Section shall not apply to the following violations:

1)         Drilling or operating, without a permit or permit transfer from the Department, a well required to be permitted under the Act;

2)         Operating an annular or casing injection/disposal well or a well with pressure on the annulus;

3)         Failure to maintain required performance bond or pay annual well fees for wells under permit;

4)         Failure to renew Future Use status on a well or secure approved Future Use status following a denial of Future Use status on a well;

5)         Failure to establish mechanical integrity on a Class II well or repair a Class II well following failure of mechanical integrity;

6)         Operating a well that has been placed in the Plugging and Restoration Program;

7)         Failure to provide emergency response for a crude oil or saltwater spill;

8)         Improper discharge or disposal of produced fluids;

9)         Operating a well in violation of spacing requirements or permit conditions; and

10)       Failure to restore a well site after plugging.

(Source:  Amended at 25 Ill. Reg. 9045, effective July 9, 2001)