101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB3383

 

Introduced , by Rep. Daniel Didech

 

SYNOPSIS AS INTRODUCED:
 
225 ILCS 732/1-35
225 ILCS 732/1-40
225 ILCS 732/1-45
225 ILCS 732/1-50

    Amends the Hydraulic Fracturing Regulatory Act. Adds reference to horizontal drilling with fracturing operations. Adds provisions concerning a county board or governing body's approval or denial for a request to consent for a local siting of a well site and operations. Makes other changes to provisions concerning permit applications, public notice, and public comment periods.


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FISCAL NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

 

 

A BILL FOR

 

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1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Hydraulic Fracturing Regulatory Act is
5amended by changing Sections 1-35, 1-40, 1-45, and 1-50 as
6follows:
 
7    (225 ILCS 732/1-35)
8    Sec. 1-35. High volume horizontal hydraulic fracturing and
9horizontal drilling with fracturing operations permit
10application.
11    (a) Every applicant for a permit under this Act shall first
12register with the Department at least 30 days before applying
13for a permit. The Department shall make available a
14registration form within 90 days after the effective date of
15this Act. The registration form shall require the following
16information:
17        (1) the name and address of the registrant and any
18    parent, subsidiary, or affiliate thereof;
19        (2) disclosure of all findings of a serious violation
20    or an equivalent violation under federal or state laws or
21    regulations in the development or operation of an oil or
22    gas exploration or production site via hydraulic
23    fracturing or horizontal drilling with fracturing by the

 

 

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1    applicant or any parent, subsidiary, or affiliate thereof
2    within the previous 5 years; and
3        (3) proof of insurance to cover injuries, damages, or
4    loss related to pollution or diminution in the amount of at
5    least $5,000,000, from an insurance carrier authorized,
6    licensed, or permitted to do this insurance business in
7    this State that holds at least an A- rating by A.M. Best &
8    Co. or any comparable rating service.
9    A registrant must notify the Department of any change in
10the information identified in paragraphs (1), (2), or (3) of
11this subsection (a) at least annually or upon request of the
12Department.
13    (b) Every applicant for a permit under this Act must submit
14the following information to the Department on an application
15form provided by the Department:
16        (1) the name and address of the applicant and any
17    parent, subsidiary, or affiliate thereof;
18        (2) the proposed well name and address and legal
19    description of the well site and its unit area;
20        (3) a statement whether the proposed location of the
21    well site is in compliance with the requirements of Section
22    1-25 of this Act and a plat, which shows the proposed
23    surface location of the well site, providing the distance
24    in feet, from the surface location of the well site to the
25    features described in subsection (a) of Section 1-25 of
26    this Act;

 

 

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1        (4) a detailed description of the proposed well to be
2    used for the high volume horizontal hydraulic fracturing
3    operations or horizontal drilling with fracturing
4    operations including, but not limited to, the following
5    information:
6            (A) the approximate total depth to which the well
7        is to be drilled or deepened;
8            (B) the proposed angle and direction of the well;
9            (C) the actual depth or the approximate depth at
10        which the well to be drilled deviates from vertical;
11            (D) the angle and direction of any nonvertical
12        portion of the wellbore until the well reaches its
13        total target depth or its actual final depth; and
14            (E) the estimated length and direction of the
15        proposed horizontal lateral or wellbore;
16        (5) the estimated depth and elevation, according to the
17    most recent publication of the Illinois State Geological
18    Survey of Groundwater for the location of the well, of the
19    lowest potential fresh water along the entire length of the
20    proposed wellbore;
21        (6) a detailed description of the proposed high volume
22    horizontal hydraulic fracturing operations or horizontal
23    drilling with fracturing operations, including, but not
24    limited to, the following:
25            (A) the formation affected by the high volume
26        horizontal hydraulic fracturing operations or

 

 

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1        horizontal drilling with fracturing operations,
2        including, but not limited to, geologic name and
3        geologic description of the formation that will be
4        stimulated by the operation;
5            (B) the anticipated surface treating pressure
6        range;
7            (C) the maximum anticipated injection treating
8        pressure;
9            (D) the estimated or calculated fracture pressure
10        of the producing and confining zones; and
11            (E) the planned depth of all proposed perforations
12        or depth to the top of the open hole section;
13        (7) a plat showing all known previous wellbores within
14    1,500 750 feet of any part of the horizontal wellbore that
15    penetrated within 400 vertical feet of the formation that
16    will be stimulated as part of the high volume horizontal
17    hydraulic fracturing operations or horizontal drilling
18    with fracturing operations;
19        (8) unless the applicant documents why the information
20    is not available at the time the application is submitted,
21    a chemical disclosure report identifying each chemical and
22    proppant anticipated to be used in hydraulic fracturing or
23    fracturing fluid for each stage of the hydraulic fracturing
24    operations or horizontal drilling with fracturing
25    operations including the following:
26            (A) the total volume of water anticipated to be

 

 

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1        used in the hydraulic fracturing or fracturing
2        treatment of the well or the type and total volume of
3        the base fluid anticipated to be used in the hydraulic
4        fracturing or fracturing treatment, if something other
5        than water;
6            (B) each hydraulic fracturing or fracturing
7        additive anticipated to be used in the hydraulic
8        fracturing or fracturing fluid, including the trade
9        name, vendor, a brief descriptor of the intended use or
10        function of each hydraulic fracturing or fracturing
11        additive, and the Material Safety Data Sheet (MSDS), if
12        applicable;
13            (C) each chemical anticipated to be intentionally
14        added to the base fluid, including for each chemical,
15        the Chemical Abstracts Service number, if applicable;
16        and
17            (D) the anticipated concentration in the base
18        fluid, in percent by mass, of each chemical to be
19        intentionally added to the base fluid;
20        (9) a certification of compliance with the Water Use
21    Act of 1983 and applicable regional water supply plans;
22        (10) a fresh water withdrawal and management plan that
23    shall include the following information:
24            (A) the source of the water, such as surface or
25        groundwater, anticipated to be used for water
26        withdrawals, and the anticipated withdrawal location;

 

 

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1            (B) the anticipated volume and rate of each water
2        withdrawal from each withdrawal location;
3            (C) the anticipated months when water withdrawals
4        shall be made from each withdrawal location;
5            (D) the methods to be used to minimize water
6        withdrawals as much as feasible; and
7            (E) the methods to be used for surface water
8        withdrawals to minimize adverse impact to aquatic
9        life.
10        Where a surface water source is wholly contained within
11    a single property, and the owner of the property expressly
12    agrees in writing to its use for water withdrawals, the
13    applicant is not required to include this surface water
14    source in the fresh water withdrawal and management plan;
15        (11) a plan for the handling, storage, transportation,
16    and disposal or reuse of hydraulic fracturing or fracturing
17    fluids and hydraulic fracturing or fracturing flowback.
18    The plan shall identify the specific Class II injection
19    well or wells that will be used to dispose of the hydraulic
20    fracturing or fracturing flowback. The plan shall describe
21    the capacity of the tanks to be used for the capture and
22    storage of flowback and of the lined reserve pit to be
23    used, if necessary, to temporarily store any flowback in
24    excess of the capacity of the tanks. Identification of the
25    Class II injection well or wells shall be by name,
26    identification number, and specific location and shall

 

 

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1    include the date of the most recent mechanical integrity
2    test for each Class II injection well;
3        (12) a well site safety plan to address proper safety
4    measures to be employed during high volume horizontal
5    hydraulic fracturing operations or horizontal drilling
6    with fracturing operations for the protection of persons on
7    the site as well as the general public. Within 15 calendar
8    days after submitting the permit application to the
9    Department, the applicant must provide a copy of the plan
10    to the county or counties in which hydraulic fracturing
11    operations or horizontal drilling with fracturing
12    operations will occur. Within 5 calendar days of its
13    receipt, the Department shall provide a copy of the well
14    site safety plan to the Office of the State Fire Marshal;
15        (13) a containment plan describing the containment
16    practices and equipment to be used and the area of the well
17    site where containment systems will be employed, and within
18    5 calendar days of its receipt, the Department shall
19    provide a copy of the containment plan to the Office of the
20    State Fire Marshal;
21        (14) a casing and cementing plan that describes the
22    casing and cementing practices to be employed, including
23    the size of each string of pipe, the starting point, and
24    depth to which each string is to be set and the extent to
25    which each string is to be cemented;
26        (15) a traffic management plan that identifies the

 

 

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1    anticipated roads, streets, and highways that will be used
2    for access to and egress from the well site. The traffic
3    management plan will include a point of contact to discuss
4    issues related to traffic management. Within 15 calendar
5    days after submitting the permit application to the
6    Department, the applicant must provide a copy of the
7    traffic management plan to the county or counties in which
8    the well site is located, and within 5 calendar days of its
9    receipt, the Department shall provide a copy of the traffic
10    management plan to the Office of the State Fire Marshal;
11        (16) the names and addresses of all owners of any real
12    property within 1,500 feet of the proposed well site, as
13    disclosed by the records in the office of the recorder of
14    the county or counties;
15        (17) drafts of the specific public notice and general
16    public notice as required by Section 1-40 of this Act;
17        (18) a statement that the well site at which the high
18    volume horizontal hydraulic fracturing operation or
19    horizontal drilling with fracturing operations will be
20    conducted will be restored in compliance with Section
21    240.1181 of Title 62 of the Illinois Administrative Code
22    and Section 1-95 of this Act;
23        (19) proof of insurance to cover injuries, damages, or
24    loss related to pollution in the amount of at least
25    $5,000,000; and
26        (20) any other relevant information which the

 

 

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1    Department may, by rule, require.
2    (c) Where a permit an application is made to conduct high
3volume horizontal fracturing operations or horizontal drilling
4with fracturing operations at a well site located within the
5limits of any city, county, village, or incorporated town, the
6application shall state the name of the city, county, village,
7or incorporated town and be accompanied with a certified copy
8of the official consent for the location of the well site and
9proposed fracturing operations within the jurisdiction of the
10county board or governing body requested to sign the consent
11hydraulic fracturing operations to occur from the municipal
12authorities where the well site is proposed to be located. No
13permit shall be issued unless consent is secured and filed with
14the permit application. In the event that an amended location
15is selected, the original permit shall not be valid unless a
16new certified consent is filed for the amended location. In
17considering the request for consent, the county board or
18governing body shall comply with the following:
19        (1) The county board or governing body shall approve or
20    deny the request for consent for local siting of a well
21    site and operations. The consent shall be requested from
22    the county board with the primary jurisdiction over the
23    land identified as the well site if the well site is not
24    proposed to be located within the limits of a city,
25    village, or incorporated town, or shall be requested from
26    the governing body of the city, village, or incorporated

 

 

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1    town when the well site is proposed to be located within
2    the limits of a city, village, or incorporated town.
3        (2) The request for consent shall be sent by the
4    Department for a well site and fracturing operations to the
5    applicable county board or governing body by certified
6    mail. The receiving county board or governing body shall,
7    within 24 hours of receipt, make the request for consent
8    public by posting it in the customary public notice format
9    for the applicable county board or governing body with
10    instructions to the public regarding how public comment on
11    the request for approval or denial of the request for
12    consent of the well site and fracturing operations can be
13    registered.
14        (3) A public meeting regarding approval or denial of a
15    request for consent for a well site and fracturing
16    operations shall be scheduled for the next public meeting
17    or added to the agenda of a previously scheduled public
18    meeting held by the county board or governing body no
19    earlier than 10 business days after posting the public
20    notice of the meeting time and location.
21        (4) The county board or governing body considering any
22    request for consent for a well site and fracturing
23    operations to be located within its jurisdiction shall
24    consult with the Department about any and all specific
25    details pertaining to the permit application for that well
26    site. The Department shall provide the county board or

 

 

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1    governing body with all available information about the
2    well site and fracturing operations including, but not
3    limited to, the proposed fracturing operations of the well
4    site, the history and expertise of the permit applicants,
5    and the risks and possible mitigation of those risks
6    relating to all issues encountered on the well site and
7    fracturing operations.
8        (5) The county board or governing body shall consult
9    with the Illinois State Water Survey and the Environmental
10    Protection Agency about the fresh water withdrawal and
11    management plan included in the permit application and any
12    risks and possible mitigation for pollution or diminution
13    of water resources. The Illinois State Water Survey and the
14    Environmental Protection Agency shall provide the county
15    board or governing body with all available information and
16    include a summary of the information for use by the county
17    board or governing body.
18        (6) The county board or governing body shall consult
19    with the Environmental Protection Agency about any risks
20    and possible mitigation for air pollution and water and
21    soil contamination on and around the well site, and any
22    soil and water contamination issues related to
23    transportation to and from the well site. The Environmental
24    Protection Agency shall provide the county board or
25    governing body with all available information and include a
26    summary of the information for use by the county board or

 

 

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1    governing body.
2        (7) The county board or governing body shall consult
3    with Illinois Emergency Management Agency, the Illinois
4    Department of Transportation, the Department of State
5    Police, and the Illinois Fire Marshal about the risks and
6    possible mitigation of accidents, damage to property,
7    personal injury, transportation to and from the well site,
8    natural disasters, and criminal acts that may affect the
9    operations described on the permit application for the well
10    site and fracturing operations. The Illinois Emergency
11    Management Agency, the Illinois Department of
12    Transportation, the Department of State Police, and the
13    Illinois Fire Marshal shall provide the county board or
14    governing body with all available information and include a
15    summary of the information for use by the county board or
16    governing body.
17        (8) The county board or governing body shall consult
18    with the Department of Public Health about any public
19    health risks and possible mitigation that might occur with
20    the well site and the well site operations, with particular
21    attention to the public health risks to pregnant women,
22    infants and children, the disabled, the hearing and sight
23    impaired, and persons with cardiovascular disease or
24    respiratory disease. The Department of Public Health shall
25    provide the county board or governing body with all
26    available information and include a summary of the

 

 

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1    information for use by the county board or governing body.
2        (9) The county board or governing body shall consult
3    with the Department and the Illinois State Geological
4    Survey about the risks and possible mitigation of induced
5    seismicity from the well site, including Class II injection
6    wells that the applicant has indicated on the application.
7    The Department and the Illinois State Geological Survey
8    shall provide the county board or governing body with all
9    available information and include a summary of the
10    information for use by the county board or governing body.
11        (10) All of the consultations listed in items (5)
12    through (9) shall be conducted by the county board or
13    governing body prior to approving or denying the request
14    for consent for a well site and fracturing operations and
15    prior to the public meeting regarding the approval or
16    denial of the request for consent for the well site and
17    fracturing operations in its jurisdiction. A summary of
18    these consultations shall be prepared by the county board
19    or governing body and be made public as soon as convenient
20    through the customary public notice format for the county
21    board or governing body. The summary of the consultation
22    with the Department and each State agency under this
23    Section shall be made available to the public by the county
24    board or governing body at the public meeting regarding the
25    approval or denial of the request for consent of the well
26    site and fracturing operations.

 

 

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1        (11) If the county board or the governing body
2    determines that further consultations, public meetings,
3    public hearings, expert testimony, site visits, research,
4    or deliberations are necessary, it shall schedule and
5    conduct any and all investigations according to all
6    applicable State and local laws and ordinances. No deadline
7    is imposed upon the approval or denial of the request for
8    consent for a well site or fracturing operations.
9        (12) The county board or governing body shall develop a
10    method of timely notification to the public and interested
11    residents in the local jurisdiction about further details
12    and announcements pertaining to the well site and
13    fracturing operations, including any notifications of:
14            (A) approval or denial of the request for consent;
15            (B) further local investigations, studies, expert
16        opinions, and consultations;
17            (C) accidents, blow outs, fires, incidents,
18        violations, fines, public health notices, noise
19        alerts, traffic pattern alerts, traffic accidents,
20        crime alerts, and emergency planning; and
21            (D) notices about water contamination, diminution,
22        air pollution, and induced seismicity and
23        radioactivity levels.
24    This information shall be posted on the website of the
25county board or governing body and shall clearly state that it
26relates to the well site and fracturing operations.

 

 

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1        (13) The county board or governing body that is
2    considering the approval or denial of a request for consent
3    for a well site and fracturing operations within its
4    jurisdiction shall deliberate on all of the information
5    provided to it from each of the State agencies and shall
6    determine the following:
7            (A) whether the well site and the well site
8        operations are located and proposed to be operated in a
9        way that maximizes the protection of the public health,
10        safety, and welfare;
11            (B) whether the well site and fracturing
12        operations are located and proposed to be operated in a
13        way that ensures reasonable safety for domesticated
14        animals, livestock, and wildlife in the locality;
15            (C) whether the well site and fracturing
16        operations are located and proposed in a way that
17        minimizes incompatibility with the character of the
18        surrounding area, minimizes the effect on the value of
19        the surrounding property, and whether local zoning
20        ordinances and special use permits have been
21        considered;
22            (D) whether the well site and fracturing
23        operations are located and proposed to be operated
24        outside the boundary of the 100 year flood plain;
25            (E) whether the well site and fracturing
26        operations are located and proposed to be operated in a

 

 

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1        way that minimizes the danger to the surrounding area
2        from fire, spills, blowouts, traffic accidents,
3        induced seismicity, radioactivity exposure, excessive
4        and dangerous noise levels, light pollution, water
5        contamination, or other operational accidents;
6            (F) whether the well site and fracturing
7        operations are located and proposed to be operated in a
8        way that ensures that traffic patterns to or from the
9        well site are designed to minimize the impact on
10        existing traffic flows; and
11            (G) whether the well site and fracturing
12        operations are located and proposed to be operated in a
13        way that ensures that the treating, storing,
14        transporting or disposing of technologically enhanced
15        naturally occurring radioactive material, low level
16        radioactive waste, hazardous waste, and chemical
17        spillage is in compliance with all State and local laws
18        and that an emergency response plan exists for the well
19        site and fracturing operations which includes
20        notification, containment, and evacuation procedures
21        to be used in case of an accidental release.
22        (14) The county board or the governing body of the
23    city, village, or incorporated town shall also consider as
24    evidence the previous operating experience and past record
25    of convictions or admissions of violations of the applicant
26    for the permit for a well site, and any subsidiary or

 

 

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1    parent corporation, in the field of high volume hydraulic
2    fracturing or horizontal drilling with fracturing
3    operations.
4        (15) A county board or governing body may conduct a
5    siting review under this Section and charge the applicant a
6    reasonable fee for the reasonable and necessary costs
7    incurred by the county board, city, village, or
8    incorporated town in the siting review process.
9        (16) A county board or governing body may request the
10    Illinois Department of Transportation to perform traffic
11    impact studies of the proposed well site and fracturing
12    operations.
13        (17) An applicant may not file a request for consent
14    for a well site and fracturing operations which is
15    substantially the same as a request that was denied within
16    the preceding 2 years.
17        (18) Any county board or governing body shall, within 7
18    business days before approving or denying a request for
19    consent for a well site and fracturing operations to be
20    located within their jurisdictions, make available a
21    summary report in the customary public notice format with
22    instructions to the public regarding submission of final
23    public comment on the approval or denial of the request for
24    consent, including summaries of the siting plans for the
25    well as described in the permit application, the fresh
26    water withdrawal and management plan, the waste management

 

 

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1    plans, the traffic plans and anticipated routes, plans for
2    emergency management of accidents, fires, blowouts, or
3    chemical spills, feedback and concerns from the public, and
4    any information obtained from the consultations with the
5    Department and other State agencies. The report shall
6    include the reasons that the county board or governing body
7    is considering approval or denial of the request to consent
8    to the well site and fracturing operations.
9        (19) If approved, a signed certified consent
10    authorized by the county board or governing body shall be
11    sent to the Department by certified mail to be included in
12    the permit application. No permit shall be issued unless
13    the certified signed consent is secured and filed with the
14    permit application.
15        (20) Once a permit is issued, the county board or
16    governing body shall consult with the Department and local
17    emergency personnel, including the Department of State
18    Police, once every 4 months regarding the progress of the
19    application and fracturing operations at the well site, any
20    ongoing emergency or traffic management issues, ongoing
21    public health issues, and any ongoing production issues
22    until production has ended at that well site and the site
23    has been remediated and the well has been capped. The
24    county board or governing body shall update its Internet
25    website or otherwise inform the public regarding these
26    updates about the well site, fracturing operations, and

 

 

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1    production operations every 6 months.
2        (21) If an amended location is selected, the original
3    permit and certified signed consent shall be invalid. A new
4    certified consent, including compliance with all
5    provisions of this Section, shall be filed for the amended
6    location.
7    (d) The hydraulic fracturing or horizontal drilling with
8fracturing operations permit application shall be accompanied
9by a bond as required by subsection (a) of Section 1-65 of this
10Act.
11    (e) Each application for a permit under this Act shall
12include payment of a non-refundable fee of $13,500. Of this
13fee, $11,000 shall be deposited into the Oil and Gas Resource
14Management Fund for the Department to use to administer and
15enforce this Act and otherwise support the operations and
16programs of the Office of Oil and Gas Resource Management. The
17remaining $2,500 shall be deposited into the Illinois Clean
18Water Fund for the Agency to use to carry out its functions
19under this Act. The Department shall not initiate its review of
20the permit application until the applicable fee under this
21subsection (e) has been submitted to and received by the
22Department.
23    (f) Each application submitted under this Act shall be
24signed, under the penalty of perjury, by the applicant or the
25applicant's designee who has been vested with the authority to
26act on behalf of the applicant and has direct knowledge of the

 

 

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1information contained in the application and its attachments.
2Any person signing an application shall also sign an affidavit
3with the following certification:
4        "I certify, under penalty of perjury as provided by law
5    and under penalty of refusal, suspension, or revocation of
6    a high volume horizontal hydraulic fracturing or
7    horizontal drilling with fracturing permit, that this
8    application and all attachments are true, accurate, and
9    complete to the best of my knowledge.".
10    (g) The permit application shall be submitted to the
11Department in both electronic and hard copy format. The
12electronic format shall be searchable.
13    (h) The application for a high volume horizontal hydraulic
14fracturing or horizontal drilling with fracturing permit may be
15submitted as a combined permit application with the operator's
16application to drill on a form as the Department shall
17prescribe. The combined application must include the
18information required in this Section. If the operator elects to
19submit a combined permit application, information required by
20this Section that is duplicative of information required for an
21application to drill is only required to be provided once as
22part of the combined application. The submission of a combined
23permit application under this subsection shall not be
24interpreted to relieve the applicant or the Department from
25complying with the requirements of this Act or the Illinois Oil
26and Gas Act.

 

 

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1    (i) Upon receipt of a permit application, the Department
2shall have no more than 60 calendar days from the date it
3receives the permit application to approve, with any conditions
4the Department may find necessary, or reject the application
5for the high volume horizontal hydraulic fracturing or
6horizontal drilling with fracturing permit. The applicant may
7waive, in writing, the 60-day deadline upon its own initiative
8or in response to a request by the Department.
9    (j) If at any time during the review period the Department
10determines that the permit application is not complete under
11this Act, does not meet the requirements of this Section, or
12requires additional information, the Department shall notify
13the applicant in writing of the application's deficiencies and
14allow the applicant to correct the deficiencies and provide the
15Department any information requested to complete the
16application. If the applicant fails to provide adequate
17supplemental information within the review period, the
18Department may reject the application.
19(Source: P.A. 98-22, eff. 6-17-13; 98-756, eff. 7-16-14;
2099-139, eff. 7-24-15.)
 
21    (225 ILCS 732/1-40)
22    Sec. 1-40. Public notice.
23    (a) Within 5 calendar days after the Department's receipt
24of the completed high volume horizontal hydraulic fracturing or
25horizontal drilling with fracturing application, the

 

 

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1Department shall post notice of its receipt and a copy of the
2permit application on its website. The notice shall include the
3dates of the public comment period and directions for
4interested parties to submit comments.
5    (b) Within 5 calendar days after the Department's receipt
6of the completed permit application and notice to the applicant
7that the high volume horizontal hydraulic fracturing or
8horizontal drilling with fracturing permit application was
9received, the Department shall provide the Agency, the Office
10of the State Fire Marshal, the Illinois State Water Survey, the
11Department of Public Health, the Illinois Emergency Management
12Agency, and the Illinois State Geological Survey with notice of
13the application.
14    (c) The applicant shall provide the following public
15notice:
16        (1) Applicants shall mail specific public notice by
17    U.S. Postal Service certified mail, return receipt
18    requested, within 3 calendar days after submittal of the
19    completed high volume horizontal hydraulic fracturing or
20    horizontal drilling with fracturing permit application to
21    the Department, to all persons identified as owners of real
22    property within 1,500 feet of the proposed well site, as
23    disclosed by the records in the office of the recorder of
24    the county or counties, and to each municipality and county
25    in which the well site is proposed to be located.
26        (2) Except as otherwise provided in this paragraph (2)

 

 

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1    of subsection (c), applicants shall provide general public
2    notice by publication, once each week for 2 consecutive
3    weeks, beginning no later than 3 calendar days after
4    submittal of the completed high volume horizontal
5    hydraulic fracturing or horizontal drilling with
6    fracturing permit application to the Department, in a
7    newspaper of general circulation published in each county
8    where the well proposed for high volume hydraulic
9    fracturing operations or horizontal drilling with
10    fracturing operations is proposed to be located.
11        If a well is proposed for high volume hydraulic
12    fracturing operations or horizontal drilling with
13    fracturing operations in a county where there is no daily
14    newspaper of general circulation, the applicant shall
15    provide general public notice, by publication, once each
16    week for 2 consecutive weeks, in a weekly newspaper of
17    general circulation in that county beginning as soon as the
18    publication schedule of the weekly newspaper permits, but
19    in no case later than 10 days after submittal of the
20    completed high volume hydraulic fracturing or horizontal
21    drilling with fracturing permit application to the
22    Department.
23        (3) The specific and general public notices required
24    under this subsection shall contain the following
25    information:
26            (A) the name and address of the applicant;

 

 

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1            (B) the date the application for a completed high
2        volume horizontal hydraulic fracturing or horizontal
3        drilling with fracturing permit was filed;
4            (C) the dates for the public comment period and a
5        statement that anyone may file written comments about
6        any portion of the applicant's submitted completed
7        high volume horizontal hydraulic fracturing or
8        horizontal drilling with fracturing permit application
9        with the Department during the public comment period;
10            (D) the proposed well name, reference number
11        assigned by the Department, and the address and legal
12        description of the well site and its unit area;
13            (E) a statement that the information filed by the
14        applicant in their application for a completed high
15        volume horizontal hydraulic fracturing or horizontal
16        drilling with fracturing permit is available from the
17        Department through its website;
18            (F) the Department's website and the address and
19        telephone number for the Department's Oil and Gas
20        Division;
21            (G) a statement that any person having an interest
22        that is or may be adversely affected, any government
23        agency that is or may be affected, or the county board
24        of a county to be affected under a proposed permit, may
25        file written objections to a permit application and may
26        request a public hearing.

 

 

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1    (d) After providing the public notice as required under
2paragraph (2) of subsection (c) of this Section, the applicant
3shall supplement its permit application by providing the
4Department with a certification and documentation that the
5applicant fulfilled the public notice requirements of this
6Section. The Department shall not issue a permit until the
7applicant has provided the supplemental material required
8under this subsection.
9    (e) If multiple applications are submitted at the same time
10for wells located on the same well site, the applicant may use
11one public notice for all applications provided the notice is
12clear that it pertains to multiple applications and conforms to
13the requirements of this Section. Notice shall not constitute
14standing for purposes of requesting a public hearing or for
15standing to appeal the decision of the Department in accordance
16with the Administrative Review Law.
17(Source: P.A. 98-22, eff. 6-17-13; 99-78, eff. 7-20-15.)
 
18    (225 ILCS 732/1-45)
19    Sec. 1-45. Public comment periods.
20    (a) The public comment period shall begin 7 calendar days
21after the Department's receipt of the completed permit
22application with any and all required information officially
23submitted to the Department. The public comment period shall
24and last for 60 30 calendar days.
25    (b) Where a public hearing is conducted under Section 1-50

 

 

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1of this Act, the Department shall may provide for an additional
2public comment period of 20 15 days as necessary to allow for
3comments in response to evidence and testimony presented at the
4hearing. The additional public comment period shall be added to
5the original 60-day public comment period for a total of 80
6days begin on the day after the public hearing.
7    (c) During any public comment period, any person may file
8written comments to the Department concerning any portion of
9the permit application and any issue relating to the
10applicant's compliance with the requirements of the Act and any
11other applicable laws.
12    (d) The Department shall may request that the applicant
13respond to any documented substantive public comments obtained
14during the public comment period.
15(Source: P.A. 98-22, eff. 6-17-13.)
 
16    (225 ILCS 732/1-50)
17    Sec. 1-50. High volume horizontal hydraulic fracturing or
18horizontal drilling with fracturing operations permit;
19hearing.
20    (a) When a permit application is submitted to conduct high
21volume horizontal hydraulic fracturing operations or
22horizontal drilling with fracturing operations for the first
23time at a particular well site, any person having an interest
24that is or may be adversely affected, any government agency
25that is or may be affected, or the county board of a county to

 

 

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1be affected under a proposed permit, may file written
2objections to the permit application and may request a public
3hearing during the public comment period established under
4subsection (a) of Section 1-45 of this Act. The request for
5hearing shall contain a short and plain statement identifying
6the person and stating facts demonstrating that the person has
7an interest that is or may be adversely affected. The
8Department shall hold a public hearing upon a request under
9this subsection, unless the request is determined by the
10Department to lack any adequate factual statement that the
11person is or may be adversely affected (i) lack an adequate
12factual statement that the person is or may be adversely
13affected or (ii) be frivolous.
14    (b) Prior to the commencement of a public hearing under
15this Section, any person who could have requested the hearing
16under subsection (a) of this Section may petition the
17Department to participate in the hearing in the same manner as
18the party requesting the hearing. The petition shall contain a
19short and plain statement identifying the petitioner and
20stating facts demonstrating that the petitioner is a person
21having an interest that is or may be adversely affected. The
22petitioner shall serve the petition upon the Department. Unless
23the Department determines that the petition is frivolous, or
24that the petitioner has failed to allege facts in support of an
25interest that is or may be adversely affected, the petitioner
26shall be allowed to participate in the hearing in the same

 

 

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1manner as the party requesting the hearing. The petitioner, if
2denied participation in the hearing, may appeal the decision to
3the Director and receive a written response.
4    (c) The public hearing to be conducted under this Section
5shall comply with the contested case requirements of the
6Illinois Administrative Procedure Act. The Department shall
7establish rules and procedures to determine whether any request
8for a public hearing may be granted in accordance with
9subsection (a) of this Section, and for the notice and conduct
10of the public hearing. These procedural rules shall include
11provisions for reasonable notice to (i) the public and (ii) all
12parties to the proceeding, which include the applicant, the
13persons requesting the hearing, and the persons granted the
14right to participate in the hearing pursuant to subsection (b)
15of this Section, for the qualifications, powers, and
16obligations of the hearing officer, and for reasonable
17opportunity for all the parties to provide evidence and
18argument, to respond by oral or written testimony to statements
19and objections made at the public hearing, and for reasonable
20cross-examination of witnesses. County boards, governing
21bodies of municipalities, villages, and incorporated towns,
22and the public may present their written objections or
23recommendations at the public hearing. A complete record of the
24hearings and all testimony shall be made by the Department and
25recorded stenographically or electronically. The complete
26record shall be maintained and shall be accessible to the

 

 

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1public on the Department's website until final release of the
2applicant's performance bond.
3    (d) At least 21 10 calendar days before the date of the
4public hearing, the Department shall publish notice of the
5public hearing in a newspaper of general circulation published
6in the county where the proposed well site will be located.
7(Source: P.A. 98-22, eff. 6-17-13.)