Section 240.185  Cessation of Oil Production Operations

a)         The Department may issue orders requiring the cessation of operations, without issuing a notice of violation in accordance with Section 240.160.

b)         If the Department determines that any condition or practice exists, or that any person or permittee is in violation of any requirement of the Act or this Part 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 operations. [225 ILCS 725/19.1]  The following constitute procedures or violations mandating the issuance of a cessation order under this subsection:  operating a well required to be permitted under the Act without first obtaining the Department's transfer of operating authority; operating a well in violation of the Department's spacing requirements; operating wells without paying annual well fees; or operating wells without maintaining the required amount of performance bond in force; or operating wells by a permittee for whom funds have been expended from the PRF in accordance with Subpart Q of this Part.

c)         The cessation order shall be served by personal delivery to the person or permittee named in the order or 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.  [225 ILCS 725/19.1]

d)         The cessation order shall contain a date for a hearing that shall be held within 30 days after the issuance of the cessation order.  The hearing shall be conducted by an impartial hearing officer, designated by the Department, held in the Department's office in Springfield, Illinois, and conducted in accordance with Article 10 of the Illinois Administrative Procedure Act.

e)         The cessation order shall also provide that the person or permittee named in the order has the right to request a temporary relief hearing within 14 days from the date of issuance of the cessation order in accordance with Section 240.190.  The cessation order shall be considered served when personally delivered to the person or permittee named in the order or when the cessation order is mailed certified mail, return receipt requested, to the person or permittee at his last known address.

f)          At the cessation order hearing scheduled to determine whether the person or permittee has complied, the Department shall have the burden of proving the facts of the violation alleged in the cessation order.  The standard of proof shall be a preponderance of the evidence.  The impartial hearing officer shall conduct the hearing, hear the evidence and at the conclusion of the hearing render findings of fact, conclusions of law and issue the final administrative decision of the Department pursuant to Section 10 of the Act.

g)         A cessation order issued under this Section shall continue in effect until modified, vacated, or terminated by the Department. [225 ILCS 725/8a] The filing of a request for temporary relief under Section  240.190 shall not operate as a stay of the cessation order. The cessation order may be stayed by the grant of temporary relief in accordance with Section 240.190.

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