SB3548 100TH GENERAL ASSEMBLY

LRB100 20726 SMS 36201 b

100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB3548

Introduced 2/16/2018, by Sen. Chapin Rose

SYNOPSIS AS INTRODUCED:

225 ILCS 725/7.5 new

Amends the Illinois Oil and Gas Act. Provides that the Department of Natural Resources shall evaluate releases of contaminants whenever it determines that the extent of the leaking salt water, oil, gas, or other deleterious substance into any fresh water or onto the surface of the land that may extend beyond the boundary of the site where the release occurred and take appropriate actions in response. Provides notice requirements if the Department determines that the leaking salt water, oil, gas, or other deleterious substance extends beyond the boundary of the release site or poses an imminent danger to the health of safety of the public. Provides notice requirements if the Department refers a matter for enforcement under the Act or the Department, the United States Environmental Protection Agency, or a third party performs an immediate removal order under the federal Comprehensive Environmental Response, Compensation, and Liability Act. Provides that notices may contain certain information concerning the contaminated site, the contaminant released, where the contaminant was released, a description of the potential adverse health effects, the environmental impact of the contaminant, and contact information for the Department for further information about the release.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning regulation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Oil and Gas Act is amended by adding Section 7.5 as follows:

(225 ILCS 725/7.5 new)

Sec. 7.5. Contaminant evaluation; public notice.

(a) The Department shall evaluate releases of contaminants whenever it determines that the extent of the leaking salt water, oil, gas, or other deleterious substance into any fresh water formation or onto the surface of the land may extend beyond the boundary of the site where the release occurred. The Department shall take appropriate actions in response to the release, which may include, but shall not be limited to, public notices, investigations, administrative orders, and enforcement referrals.

(b) If the Department determines that the extent of the leaking salt water, oil, gas, or other deleterious substance into any fresh water formation or onto the surface of the land extend beyond the boundary of the site where the release occurred, or pose an imminent danger to the health or safety of the public, the Department shall give notice of the threat to the following:

(1) for any private, semi-private, or non-community water system, the owners of the properties served by the water system;

(2) for any community water system, (i) the owners and operators of the community water system; (ii) the residents and owners of premises connected to the affected community water system; and (iii) the residents and owners of premises connected to the water systems that are affected; and

(3) for land, the owners of the affected property.

The Department's determination must be based on the credible, scientific information available to it, and the Department is not required to perform additional investigations or studies beyond those required by applicable federal or State laws.

For notices required under paragraph (2) of this subsection (b), the Department shall (i) within 2 days after determining that groundwater contamination poses a threat of exposure to the public above the Class I groundwater quality standards, provide notice of the determination by issuing a press release and posting the press release on the Department's website and (ii) within 5 days after the determination, provide the owner and operator of the community water system and the owners and operators of all connected community water systems with a notice printed on Department letterhead that identifies the contaminant posing the threat, the level of contamination found, and possible human health effects associated with exposure to the contaminant. Within 5 business days after receiving a notice from the Department under this paragraph, the owner or operator of the community water system must send, to all residents and owners of premises connected to the affected community water system: (i) a copy of the notice by first-class mail or by e-mail; or (ii) notification, in a form approved by the Department, through first-class postcard, text message, or telephone; except that notices to institutional residents, including, but not limited to, residents of school dormitories, nursing homes, and assisted care facilities, may be made to the owners and operators of those institutions, and the owner or operator of those institutions shall notify their residents in the same manner as prescribed in this subsection for owners and operators of community water systems. If the manner for notice selected by the owner or operator of the community water system does not include a written copy of the notice provided by the Department, the owner or operator shall include a written copy of the notice provided by the Department in the next water bill sent to the residents and owners of the premises; provided, however, if the water bill is sent on a postcard, no written copy of the notice provided by the Department is required if the postcard includes the Internet address for the notice posted on the Department's website. The front of the envelope or postcard in which any such notice is sent to residents and owners of premises connected to the affected community water system shall carry the following text in at least 18-point font: PUBLIC HEALTH NOTICE - READ IMMEDIATELY. For a postcard, text message, or telephonic communication, the Department shall specify the minimum information that the owner or operator must include in such methods of notice. Within 7 days after the owner or operator of the community water system sends the notices to residents and owners of premises connected to the community water system, the owner or operator shall provide the Department with proof that the notices have been sent. The notices required under paragraph (2) of this subsection (b) shall be provided whether or not the threat of exposure has been eliminated.

(c) If any of the following actions occur: (i) the Department refers a matter for enforcement under this Act; or (ii) the Department, the United States Environmental Protection Agency, or a third party under Department or United States Environmental Protection Agency oversight performs an immediate removal under the federal Comprehensive Environmental Response, Compensation, and Liability Act, as amended, then, within 60 days after the action, the Department must give notice of the action to the owners of all property within 2,500 feet of the subject contamination or any closer or farther distance that the Department deems appropriate under the circumstances. Within 30 days after a request by the Department, the appropriate officials of the county in which the property is located must provide to the Department the names and addresses of all property owners to whom the Department is required to give notice under this subsection (c), these owners being the persons or entities that appear from the authentic tax records of the county.

(d) In addition to the notice requirements of subsection (b), the methods by which the Department gives the notices required under this Section shall be determined in consultation with members of the public and appropriate members of the regulated community and may include, but shall not be limited to, personal notification, public meetings, signs, electronic notification, and print media. For sites at which a responsible party has implemented a community relations plan, the Department may allow the responsible party to provide Department-approved notices in lieu of the notices required to be given by the Department. Notices issued under this Section may contain the following information:

(1) the name and address of the site or facility where the release occurred or is suspected to have occurred;

(2) the identification of the contaminant released or suspected to have been released;

(3) information as to whether the contaminant was released or suspected to have been released into the air, land, or water;

(4) a brief description of the potential adverse health effects posed by the contaminant;

(5) a recommendation that water systems with wells impacted or potentially impacted by the contaminant be appropriately tested; and

(6) the name, business address, and phone number of persons at the Department from whom additional information about the release or suspected release can be obtained.