TITLE 62: MINING
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
PART 245 HYDRAULIC FRACTURING REGULATORY ACT
SECTION 245.230 PERMIT APPLICATION RECEIPT AND DEPARTMENT REVIEW


 

Section 245.230  Permit Application Receipt and Department Review

 

a)         All registrants who anticipate filing a permit application with the Department shall notify the Office of Oil and Gas Resource Management at least 5 business days before the anticipated date of filing by both email at DNR.HFApplication@partner.illinois.gov and by telephone at 217-782-7756 to advise the Office of the anticipated permit filing.  The registrant shall provide the name of the applicant and the name and telephone number of an applicant contact person in case the Office has any questions.

 

b)         In no event will a permit application be considered received until after one full business day following the delivery to the Department of all the materials required by Section 245.210. When the Department has in its possession all of the required materials, the Department will promptly check the materials to see that all of the components listed in Section 245.210 are present and are in such format and detail that the Department will be able to review the proposed plans and activities. The Department, before the end of the first full business day following delivery, will determine whether the components are present and can be subject to permit review. If the Department so determines, the application will be considered received effective start of business the first full business day following the completeness check, and the applicant will be so notified. The determination and notification will in no way signify any Department approval of the adequacy of any component of the application, or all of it, only its submission and susceptibility to review. If the Department, however, determines that the application has any patently or facially incomplete or deficient parts or components, the Department will promptly notify the applicant that it does not consider the application properly submitted or received.

 

c)         Upon receipt of a permit application, the Department shall provide notice to the applicant that the permit application was received (Section 1-40(b) of the Act) and of the following:

 

1)         the review number assigned by the Department to the permit application;

 

2)         the date of receipt of the permit application;

 

3)         the dates of the public comment period on the permit application; and

 

4)         the date, time and address of the public hearing and the name of the Hearing Officer scheduled to preside over the public hearing for the permit application that will apply should a request for public hearing be filed.

 

d)         Any application received by the Office after 12:00 p.m. (Central Standard Time) will be considered received on the following business day.

 

e)         Upon receipt of a permit application, the Department shall have no more than 60 calendar days from the date it receives the permit application to approve, with any conditions the Department may find necessary, or reject the application for the high volume horizontal hydraulic fracturing permit.  The applicant may waive, in writing, the 60-day deadline upon its own initiative or in response to a request by the Department. (Section 1-35(i) of the Act)

 

f)         If, during the review period, the Department determines that the permit application is not complete under the Act, does not meet the requirements of Section 245.210, or requires additional information, the Department shall notify the applicant in writing of the application's deficiencies and allow the applicant to correct the deficiencies and provide the Department any information requested to complete the application.  If the applicant fails to provide adequate supplemental information, the Department may reject the application. (Section 1-35(j) of the Act)