TITLE 62: MINING
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
PART 245 HYDRAULIC FRACTURING REGULATORY ACT
SECTION 245.240 PUBLIC AND GOVERNMENTAL NOTICE BY THE DEPARTMENT


 

Section 245.240  Public and Governmental Notice by the Department

 

a)         Within 5 calendar days after the Department's receipt of the high volume horizontal hydraulic fracturing permit application, the Department shall post notice of its receipt and a copy of the permit application on its website. Except for the names and addresses provided in the permit application pursuant to Section 245.210(a)(1) and (b)(4), all other names and addresses of individuals provided in the permit application shall be considered confidential and shall not be posted on the Department's website.  The notice shall include (Section 1-40(a) of the Act):

 

1)         the date the application was received by the Department;

 

2)         the dates of the public comment period (Section 1-40(a) of the Act) for the permit application;

 

3)         directions for interested parties to submit comments (Section 1-40(a) of the Act) or objections (Section 1-50(a) of the Act);

 

4)         the review numbers assigned by the Department to the permit application;

 

5)         the date, time and address of the public hearing and the name and mailing address of the Hearing Officer scheduled to preside over the public hearing on the permit application should a request for public hearing be filed; and

 

6)         directions for any person having an interest that is or may be adversely affected, any government agency that is or may be affected, or the county board of a county to be affected under a proposed permit on how and when to request a public hearing on the permit application (Section 1-50(a) of the Act).

 

b)         Within 5 calendar days after the Department's receipt of the permit application, the Department shall provide the Agency, the Office of the State Fire Marshal, Illinois State Water Survey, Illinois State Geological Survey, and the certified local public health department where the well site is located with notice of the application (Section 1-40(b) of the Act).

 

c)         Within 5 calendar days after the Department's receipt of the permit application, the Department shall provide a copy of the permit application's well site safety plan to the Office of the State Fire Marshal (Section 1-35(b)(12) of the Act).

 

d)         Within 5 calendar days after the Department's receipt of the permit application, the Department shall provide a copy of the permit application's containment plan to the Office of the State Fire Marshal (Section 1-35(b)(13) of the Act).

 

e)         Within 5 calendar days after the Department's receipt of the permit application, the Department shall provide a copy of the permit application's traffic management plan to the Office of the State Fire Marshal (Section 1-35(b)(15) of the Act).

 

f)         Public Hearing Notice: At least 10 calendar days before the date of the public hearing, the Department shall publish notice of the public hearing in a newspaper of general circulation published in, or as near possible to, the county where the proposed well site will be located (Section 1-50(d) of the Act). The notice shall include:

 

1)         the date, time and place of the public hearing;

 

2)         the name and mailing address of the Hearing Officer scheduled to preside over the public hearing;

 

3)         the purpose of the public hearing and the name of the applicant;

 

4)         the legal description, per the Public Land Survey System, of the proposed well site and unit area;

 

5)         the review number for the permit application; and

 

6)         a statement that any person having an interest that is or may be adversely affected, any government agency that is or may be affected, or the county board of a county to be affected under a proposed permit may file (Section 1-40(c)(3)(G) of the Act) a request for public hearing on the permit application pursuant to Section 245.270.