HB4989 EngrossedLRB102 25856 AMQ 35208 b

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 Illinois Oil and Gas Act is amended by
5changing Sections 1, 6, 8c, 14, 19.1, and 19.7 as follows:
 
6    (225 ILCS 725/1)  (from Ch. 96 1/2, par. 5401)
7    Sec. 1. Unless the context otherwise requires, the words
8defined in this Section have the following meanings as used in
9this Act.
10    "Person" means any natural person, corporation,
11association, partnership, governmental agency or other legal
12entity, receiver, trustee, guardian, executor, administrator,
13fiduciary or representative of any kind.
14    "Oil" means natural crude oil or petroleum and other
15hydrocarbons, regardless of gravity, which are produced at the
16well in liquid form by ordinary production methods or by the
17use of an oil and gas separator and which are not the result of
18condensation of gas after it leaves the underground reservoir.
19    "Gas" means all natural gas, including casinghead gas, and
20all other natural hydrocarbons not defined above as oil.
21    "Pool" means a natural, underground reservoir containing
22in whole or in part, a natural accumulation of oil or gas, or
23both. Each productive zone or stratum of a general structure,

 

 

HB4989 Engrossed- 2 -LRB102 25856 AMQ 35208 b

1which is completely separated from any other zone or stratum
2in the structure, is deemed a separate "pool" as used herein.
3    "Field" means the same general surface area which is
4underlaid or appears to be underlaid by one or more pools.
5    "Permit" means the Department's written authorization
6allowing a well to be drilled, deepened, converted, or
7operated by an owner.
8    "Permittee" means the owner holding or required to hold
9the permit, and who is also responsible for paying assessments
10in accordance with Section 19.7 of this Act and, where
11applicable, executing and filing the bond associated with the
12well as principal and who is responsible for compliance with
13all statutory and regulatory requirements pertaining to the
14well.
15    When the right and responsibility for operating a well is
16vested in a receiver or trustee appointed by a court of
17competent jurisdiction, the permit shall be issued to the
18receiver or trustee.
19    "Orphan Well" means a well for which: (1) no fee
20assessment under Section 19.7 of this Act has been paid or no
21other bond coverage has been provided for 2 consecutive years;
22(2) no oil or gas has been produced from the well or from the
23lease or unit on which the well is located for 2 consecutive
24years; and (3) no permittee or owner can be identified or
25located by the Department. Orphaned wells include wells that
26may have been drilled for purposes other than those for which a

 

 

HB4989 Engrossed- 3 -LRB102 25856 AMQ 35208 b

1permit is required under this Act if the well is a conduit for
2oil or salt water intrusions into fresh water zones or onto the
3surface which may be caused by oil and gas operations.
4    "Owner" means the person who has the right to drill into
5and produce from any pool, and to appropriate the production
6either for the person or for the person and another, or others,
7or solely for others, excluding the mineral owner's royalty if
8the right to drill and produce has been granted under an oil
9and gas lease. An owner may also be a person granted the right
10to drill and operate an injection (Class II UIC) well
11independent of the right to drill for and produce oil or gas.
12When the right to drill, produce, and appropriate production
13is held by more than one person, then all persons holding these
14rights may designate the owner by a written operating
15agreement or similar written agreement. In the absence of such
16an agreement, and subject to the provisions of Sections 22.2
17and 23.1 through 23.16 of this Act, the owner shall be the
18person designated in writing by a majority in interest of the
19persons holding these rights.
20    "Department" means the Department of Natural Resources.
21    "Director" means the Director of Natural Resources.
22    "Mining Board" means the State Mining Board in the
23Department of Natural Resources, Office of Mines and Minerals.
24    "Mineral Owner's Royalty" means the share of oil and gas
25production reserved in an oil and gas lease free of all costs
26by an owner of the minerals whether denominated royalty or

 

 

HB4989 Engrossed- 4 -LRB102 25856 AMQ 35208 b

1overriding royalty.
2    "Waste" means "physical waste" as that term is generally
3understood in the oil and gas industry, and further includes:
4        (1) the locating, drilling, and producing of any oil
5    or gas well or wells drilled contrary to the valid order,
6    rules and regulations adopted by the Department under the
7    provisions of this Act;
8        (2) permitting the migration of oil, gas, or water
9    from the stratum in which it is found, into other strata,
10    thereby ultimately resulting in the loss of recoverable
11    oil, gas or both;
12        (3) the drowning with water of any stratum or part
13    thereof capable of producing oil or gas, except for
14    secondary recovery purposes;
15        (4) the unreasonable damage to underground, fresh or
16    mineral water supply, workable coal seams, or other
17    mineral deposits in the operations for the discovery,
18    development, production, or handling of oil and gas;
19        (5) the unnecessary or excessive surface loss or
20    destruction of oil or gas resulting from evaporation,
21    seepage, leakage or fire, especially such loss or
22    destruction incident to or resulting from the escape of
23    gas into the open air in excessive or unreasonable
24    amounts, provided, however, it shall not be unlawful for
25    the operator or owner of any well producing both oil and
26    gas to burn such gas in flares when such gas is, under the

 

 

HB4989 Engrossed- 5 -LRB102 25856 AMQ 35208 b

1    other provisions of this Act, lawfully produced, and where
2    there is no market at the well for such escaping gas; and
3    where the same is used for the extraction of casinghead
4    gas, it shall not be unlawful for the operator of the plant
5    after the process of extraction is completed, to burn such
6    residue in flares when there is no market at such plant for
7    such residue gas;
8        (6) permitting unnecessary fire hazards;
9        (7) permitting unnecessary damage to or destruction of
10    the surface, soil, animal, fish or aquatic life or
11    property from oil or gas operations.
12    "Drilling Unit" means the surface area allocated by an
13order or regulation of the Department to the drilling of a
14single well for the production of oil or gas from an individual
15pool.
16    "Enhanced Recovery Method" means any method used in an
17effort to recover hydrocarbons from a pool by injection of
18fluids, gases or other substances to maintain, restore or
19augment natural reservoir energy, or by introducing immiscible
20or miscible gases, chemicals, other substances or heat or by
21in-situ combustion, or by any combination thereof.
22    "Well-Site Equipment" means any production-related
23equipment or materials specific to the well, including motors,
24pumps, pump jacks, tanks, tank batteries, separators,
25compressors, casing, tubing, and rods.
26    "Temporary abandonment status" means a well that has

 

 

HB4989 Engrossed- 6 -LRB102 25856 AMQ 35208 b

1received an authorization for temporary abandonment status
2from the Department and is in compliance with the
3administrative rules for temporary abandonment status.
4(Source: P.A. 99-78, eff. 7-20-15.)
 
5    (225 ILCS 725/6)  (from Ch. 96 1/2, par. 5409)
6    Sec. 6. The Department shall have the authority to conduct
7hearings and to make such reasonable rules as may be necessary
8from time to time in the proper administration and enforcement
9of this Act, including the adoption of rules and the holding of
10hearings for the following purposes:
11        (1) To require the drilling, casing and plugging of
12    wells to be done in such a manner as to prevent the
13    migration of oil or gas from one stratum to another; to
14    prevent the intrusion of water into oil, gas or coal
15    strata; to prevent the pollution of fresh water supplies
16    by oil, gas or salt water.
17        (2) To require the person desiring or proposing to
18    drill, deepen or convert any well for the exploration or
19    production of oil or gas, for injection or water supply in
20    connection with enhanced recovery projects, for the
21    disposal of salt water, brine, or other oil or gas field
22    wastes, or for input, withdrawal, or observation in
23    connection with the storage of natural gas or other liquid
24    or gaseous hydrocarbons before commencing the drilling,
25    deepening or conversion of any such well, to make

 

 

HB4989 Engrossed- 7 -LRB102 25856 AMQ 35208 b

1    application to the Department upon such form as the
2    Department may prescribe and to comply with the provisions
3    of this Section. The drilling, deepening or conversion of
4    any well is hereby prohibited until such application is
5    made and the applicant is issued a permit therefor as
6    provided by this Act. Each application for a well permit
7    shall include the following: (A) The exact location of the
8    well, (B) the name and address of the manager, operator,
9    contractor, driller, or any other person responsible for
10    the conduct of drilling operations, (C) the proposed depth
11    of the well, (D) lease ownership information, and (E) such
12    other relevant information as the Department may deem
13    necessary or convenient to effectuate the purposes of this
14    Act.
15        Additionally, each applicant who has not been issued a
16    permit that is of record on the effective date of this
17    amendatory Act of 1991, or who has not thereafter made
18    payments of assessments under Section 19.7 of this Act for
19    at least 2 consecutive years preceding the application,
20    shall execute, as principal, and file with the Department
21    a bond, executed by a surety authorized to transact
22    business in this State, in an amount estimated to cover
23    the cost of plugging the well and restoring the well site,
24    but not to exceed $5000, as determined by the Department
25    for each well, or a blanket bond in an amount not to exceed
26    $100,000 for all wells, before drilling, deepening,

 

 

HB4989 Engrossed- 8 -LRB102 25856 AMQ 35208 b

1    converting, or operating any well for which a permit is
2    required that has not previously been plugged and
3    abandoned in accordance with the Act. The Department shall
4    release the bond if the well, or all wells in the case of a
5    blanket bond, is not completed but is plugged and the well
6    site restored in accordance with the Department's rules or
7    is completed in accordance with the Department's rules and
8    the permittee pays assessments to the Department in
9    accordance with Section 19.7 of this Act for 2 consecutive
10    years.
11        In lieu of a surety bond, the applicant may provide
12    cash, certificates of deposit, or irrevocable letters of
13    credit under such terms and conditions as the Department
14    may provide by rule.
15        The sureties on all bonds in effect on the effective
16    date of this amendatory Act of 1991 shall remain liable as
17    sureties in accordance with their undertakings until
18    released by the Department from further liability under
19    the Act. The principal on each bond in effect on the
20    effective date of this amendatory Act of 1991 shall be
21    released from the obligation of maintaining the bond if
22    either the well covered by a surety bond has been plugged
23    and the well site restored in accordance with the
24    Department's rules or the principal of the surety has paid
25    the initial assessment in accordance with Section 19.7 and
26    no well or well site covered by the surety bond is in

 

 

HB4989 Engrossed- 9 -LRB102 25856 AMQ 35208 b

1    violation of the Act.
2        No permit shall be issued to a corporation
3    incorporated outside of Illinois until the corporation has
4    been authorized to do business in Illinois.
5        No permit shall be issued to an individual,
6    partnership, or other unincorporated entity that is not a
7    resident of Illinois until that individual, partnership,
8    or other unincorporated entity has irrevocably consented
9    to be sued in Illinois.
10        (3) To require the person assigning, transferring, or
11    selling any well for which a permit is required under this
12    Act to notify the Department of the change of ownership.
13    The notification shall be on a form prescribed by the
14    Department, shall be executed by the current permittee and
15    by the new permittee, or their authorized representatives,
16    and shall be filed with the Department within 30 days
17    after the effective date of the assignment, transfer or
18    sale. Within the 30 day notification period and prior to
19    operating the well, the new permittee shall pay the
20    required well transfer fee and, where applicable, file
21    with the Department the bond required under subsection (2)
22    of this Section.
23        (4) To require the filing with the State Geological
24    Survey of all geophysical logs, a well drilling report and
25    drill cuttings or cores, if cores are required, within 90
26    days after drilling ceases; and to file a completion

 

 

HB4989 Engrossed- 10 -LRB102 25856 AMQ 35208 b

1    report with the Department within 30 days after the date
2    of first production following initial drilling or any
3    reworking, or after the plugging of the well, if a dry
4    hole. A copy of each completion report submitted to the
5    Department shall be delivered to the State Geological
6    Survey. The Department and the State Geological Survey
7    shall keep the reports confidential, if requested in
8    writing by the permittee, for 2 years after the date the
9    permit is issued by the Department. This confidentiality
10    requirement shall not prohibit the use of the report for
11    research purposes, provided the State Geological Survey
12    does not publish specific data or identify the well to
13    which the completion report pertains.
14        (5) To prevent "blowouts", "caving" and "seepage" in
15    the same sense that conditions indicated by such terms are
16    generally understood in the oil and gas business.
17        (6) To prevent fires.
18        (7) To ascertain and identify the ownership of all oil
19    and gas wells, producing leases, refineries, tanks,
20    plants, structures, and all storage and transportation
21    equipment and facilities.
22        (8) To regulate the use of any enhanced recovery
23    method in oil pools and oil fields.
24        (9) To regulate or prohibit the use of vacuum.
25        (10) To regulate the spacing of wells, the issuance of
26    permits, and the establishment of drilling units.

 

 

HB4989 Engrossed- 11 -LRB102 25856 AMQ 35208 b

1        (11) To regulate directional drilling of oil or gas
2    wells.
3        (12) To regulate the plugging of wells.
4        (13) To require that wells for which no logs or
5    unsatisfactory logs are supplied shall be completely
6    plugged with cement from bottom to top.
7        (14) To require a description in such form as is
8    determined by the Department of the method of well
9    plugging for each well, indicating the character of
10    material used and the positions and dimensions of each
11    plug.
12        (15) To prohibit waste, as defined in this Act.
13        (16) To require the keeping of such records, the
14    furnishing of such relevant information and the
15    performance of such tests as the Department may deem
16    necessary to carry into effect the purposes of this Act.
17        (17) To regulate the disposal of salt or
18    sulphur-bearing water and any oil field waste produced in
19    the operation of any oil or gas well.
20        (18) To prescribe rules, conduct inspections and
21    require compliance with health and safety standards for
22    the protection of persons working underground in
23    connection with any oil and gas operations. For the
24    purposes of this paragraph, oil and gas operations include
25    drilling or excavation, production operations, plugging or
26    filling in and sealing, or any other work requiring the

 

 

HB4989 Engrossed- 12 -LRB102 25856 AMQ 35208 b

1    presence of workers in shafts or excavations beneath the
2    surface of the earth. Rules promulgated by the Department
3    may include minimum qualifications of persons performing
4    tasks affecting the health and safety of workers
5    underground, minimum standards for the operation and
6    maintenance of equipment, and safety procedures and
7    precautions, and shall conform, as nearly as practicable,
8    to corresponding qualifications, standards and procedures
9    prescribed under the Coal Mining Act.
10        (19) To deposit the amount of any forfeited surety
11    bond or other security in the Plugging and Restoration
12    Fund, a special fund in the State treasury which is hereby
13    created; to deposit into the Fund any amounts collected,
14    reimbursed or recovered by the Department under Sections
15    19.5, 19.6 and 19.7 of this Act; to accept, receive, and
16    deposit into the Fund any grants, gifts or other funds
17    which may be made available from public or private sources
18    and all earnings received from investment of monies in the
19    Fund; and to make expenditures from the Fund for the
20    purposes of plugging, replugging or repairing any well,
21    and restoring the site of any well, determined by the
22    Department to be abandoned or ordered by the Department to
23    be plugged, replugged, repaired or restored under Sections
24    8a, 19 or 19.1 of this Act, including expenses in
25    administering the Fund.
26        (20) To create, by administrative rule, the

 

 

HB4989 Engrossed- 13 -LRB102 25856 AMQ 35208 b

1    authorization criteria, fees, maintenance requirements,
2    and monitoring rules for an authorization for temporary
3    abandonment status.
4        (21) To create, by administrative rule, the permit
5    criteria, fees, and maintenance requirements for an oil
6    lease road permit where the road is located on a well
7    lease.
8    For the purposes of this Act, the State Geological Survey
9shall co-operate with the Department in making available its
10scientific and technical information on the oil and gas
11resources of the State, and the Department shall in turn
12furnish a copy to the State Geological Survey of all drilling
13permits as issued, and such other drilling and operating data
14received or secured by the Department which are pertinent to
15scientific research on the State's mineral resources.
16(Source: P.A. 86-205; 86-364; 86-1177; 87-744.)
 
17    (225 ILCS 725/8c)  (from Ch. 96 1/2, par. 5414.1)
18    Sec. 8c. (a) No person shall operate a liquid oil field
19waste transportation system without a liquid oil field waste
20transportation permit. The liquid oil field waste transporter
21assumes legal responsibility for the liquid oil field waste
22when it first enters the liquid oil field waste transportation
23system, until it is disposed of in a manner authorized and
24approved by the Department.
25    (b) No person shall engage, employ or contract with any

 

 

HB4989 Engrossed- 14 -LRB102 25856 AMQ 35208 b

1other person except a permittee under this Section, to remove
2liquid oil field waste from his premises.
3    (c) Every person who engages, employs or contracts with
4any other person to remove liquid oil field waste from his
5premises shall maintain detailed records of all such liquid
6oil field waste removal effectuated on forms provided by the
7Department and shall submit such information in such detail
8and with such frequency, as the Department may require.
9    (d) Before engaging in the business of removing liquid oil
10field waste from the on-site collection point, a person shall
11apply for and obtain a permit from the Department. The
12application shall be accompanied by a permit fee of $300 $100
13and by a surety bond covering the period and any renewal
14thereof for which the permit is issued by a surety company
15registered in the State, to indemnify the Department for the
16abatement of pollution of waters which result from any
17improper disposal of liquid oil field waste by the permittee.
18The bonds shall be $10,000. The Department shall be the
19obligee and the bond shall be for the benefit and purpose to
20indemnify the State for the elimination of harmful or nuisance
21conditions and for the abatement of any pollution of waters
22which result from the improper disposal of liquid oil field
23waste by the permittee.
24    In lieu of the surety bond, the applicant may provide
25cash, certificates of deposit, or irrevocable letters of
26credit under such terms and conditions as the Department may

 

 

HB4989 Engrossed- 15 -LRB102 25856 AMQ 35208 b

1provide by rule.
2    The surety of any bond posted for the issuance of a liquid
3oil field waste transportation permit, upon 30 days notice in
4writing to the Department and to the permittee, may cancel any
5such bond, but such cancellation shall not affect any rights
6which shall have accrued on the bond before the effective date
7of the cancellation.
8    (e) If the Department, after such investigation as it
9deems necessary, is satisfied that the applicant has the
10qualifications, experience, reputation, and equipment to
11perform the services in a manner not detrimental to the public
12interest, in a way that will not cause unlawful pollution of
13the waters of the State and meets the bonding requirements of
14subsection (d), it shall issue a permit to the applicant.
15    (f) (1) All trucks or other vehicles used to transport or
16    carry liquid oil field waste shall carry a permit issued
17    by the Department for inspection by its representative or
18    any law enforcement agent. The application for the vehicle
19    permit shall state the make, model and year of the vehicle
20    as well as the capacity of the tank used in transporting
21    liquid oil field waste and such other information as the
22    Department requires. Each application shall be accompanied
23    by a biennial permit fee of $100 for each vehicle sought to
24    be licensed, payable to the State, and if the Department,
25    after such investigation as it deems necessary, finds the
26    truck or vehicle and equipment is proper and adequate for

 

 

HB4989 Engrossed- 16 -LRB102 25856 AMQ 35208 b

1    the purpose, it shall issue a permit for the use of the
2    vehicle. The permit is not transferable from one vehicle
3    to another. The vehicle permit number shall be printed on
4    a decal furnished by the Department which shall designate
5    the years for which the permit was issued. This decal
6    shall be affixed to the upper right hand corner of the
7    inside of the windshield.
8        (2) All vehicle permits shall be valid for 2 years.
9    Application for renewal of a permit must be made 30 days
10    prior to the expiration date of the permit. The fee for
11    renewal shall be the same as for the original permit.
12    (g) (1) The tank shall be kept tightly closed in transit,
13    to prevent the escape of contents.
14        (2) The permittee shall dispose of all liquid oil
15    field waste in conformance with the provisions of this
16    Section.
17        (3) The permittee shall not dispose of liquid oil
18    field waste onto or into the ground except at locations
19    specifically approved and permitted by the Department. No
20    liquid oil field waste shall be placed in a location where
21    it could enter any public or private drain, pond, stream
22    or other body of surface or ground water.
23    (h) Any person who violates or refuses to comply with any
24of the provisions of this Section shall be subject to the
25provisions of Sections 8a and 19.1 of this Act. In addition,
26any person who gathers, handles, transports, or disposes of

 

 

HB4989 Engrossed- 17 -LRB102 25856 AMQ 35208 b

1liquid oil field waste without a liquid oil field waste
2transportation permit or utilizes the services of an
3unpermitted person shall upon conviction thereof by a court of
4competent jurisdiction be fined not less than $2,000 for a
5violation and costs of prosecution, and in default of payment
6of fine and costs, imprisoned for not less than 10 days nor
7more than 30 days. When the violation is of a continuing
8nature, each day upon which a violation occurs is a separate
9offense.
10    (i) For the purposes of this Section:
11        (1) "Liquid oil field waste" means oil field brines,
12    tank and pit bottom sediments, and drilling and completion
13    fluids, to the extent those wastes are now or hereafter
14    exempt from the provisions of Subtitle C of the federal
15    Resource Conservation and Recovery Act of 1976.
16        (2) "Liquid oil field waste transportation system"
17    means all trucks and other motor vehicles used to gather,
18    handle or transport liquid oil field waste from the point
19    of any surface on-site collection to any subsequent
20    off-site storage, utilization or disposal.
21(Source: P.A. 87-744.)
 
22    (225 ILCS 725/14)  (from Ch. 96 1/2, par. 5420)
23    Sec. 14. Each application for a permit to drill, deepen,
24convert, or amend, oil lease road, or an authorization for
25temporary abandonment status shall be accompanied by the

 

 

HB4989 Engrossed- 18 -LRB102 25856 AMQ 35208 b

1required fee, not to exceed $1,000 $300, which the Department
2shall establish by rule. A fee not to exceed $500 of $50 per
3well, as established by administrative rule, shall be paid by
4the new owner for each transfer of well ownership. The fee for
5a temporary abandonment status authorization shall be
6deposited in the Plugging and Restoration Fund. Except for the
7assessments required to be deposited in the Plugging and
8Restoration Fund under Section 19.7 of this Act and any other
9deposits required to be deposited in the Plugging and
10Restoration Fund under this Act, all fees assessed and
11collected under this Act shall be deposited in the Underground
12Resources Conservation Enforcement Fund. The monies deposited
13into the Plugging and Restoration Fund or the Underground
14Resources Conservation Enforcement Fund under this Section
15shall not be subject to administrative charges or chargebacks
16unless otherwise authorized by this Act.
17(Source: P.A. 97-1136, eff. 1-1-13.)
 
18    (225 ILCS 725/19.1)  (from Ch. 96 1/2, par. 5426)
19    Sec. 19.1. If, after notice and an opportunity for a
20hearing, the Department finds that a well drilled for the
21exploration, development, storage or production of oil or gas,
22or as injection, salt water disposal, salt water source,
23observation, and geological or structure test has been
24abandoned or is leaking salt water, oil, gas or other
25deleterious substances into any fresh water formation or onto

 

 

HB4989 Engrossed- 19 -LRB102 25856 AMQ 35208 b

1the surface of the land in the vicinity of the well, or is in
2violation of the administrative rules regarding temporary
3abandonment status, the Department shall issue an order that
4the well be properly plugged, replugged or repaired to remedy
5such situation. If the permittee fails to do so within 30 days
6from the date of the order, then any person duly authorized by
7the Department may enter upon the land on which the well is
8located and plug, replug, or repair the well as may be
9reasonably required to remedy the condition. The costs and
10expenses incurred by the Department under this Act shall be a
11debt due by the permittee to the Department together with
12interest at the rate set forth in Section 2-1303 of the Code of
13Civil Procedure. The permittee's failure to comply with the
14Department's order is a violation of this Act.
15    If the Department determines that any condition or
16practice exists, or that any person or permittee is in
17violation of any requirement of this Act or the rules adopted
18hereunder or any permit condition, which condition, practice
19or violation creates an imminent danger to the health or
20safety of the public, or an imminent danger of significant
21environmental harm or significant damage to property, any
22authorized employee or agent of the Department may order the
23immediate cessation of operation. If a responsible party
24cannot be readily located in the judgment of the employee or
25agent issuing the order, the employee or agent may take any
26action he deems necessary to cause a cessation of operations

 

 

HB4989 Engrossed- 20 -LRB102 25856 AMQ 35208 b

1and abatement of any condition. The cessation order shall be
2served by mailing it certified mail-return receipt requested
3to the last known address of the person or permittee as soon as
4is practicably possible but in no event later than 5 days after
5its issuance.
6    Pending completion of the investigation and any hearing
7under Section 8a of this Act, the person or permittee may file
8with the Department a written request for temporary relief
9from the cessation order, together with a detailed statement
10giving reasons for granting such relief. The Department shall
11commence a hearing within 5 days after receipt of the request
12and may grant such relief, under such conditions as it may
13prescribe, if the applicant shows a substantial likelihood
14that the findings of the Department will be favorable to him
15and such relief will not adversely affect the health or safety
16of the public or cause significant environmental harm or
17significant damage to property.
18(Source: P.A. 89-243, eff. 8-4-95.)
 
19    (225 ILCS 725/19.7)  (from Ch. 96 1/2, par. 5430.2)
20    Sec. 19.7. The Department shall assess and collect annual
21well fees from each permittee in the amount of $100 $75 per
22well for the first 100 wells and a $75 $50 fee for each well in
23excess of 100 for which a permit is required under this Act.
24    Fees shall be assessed for each calendar year commencing
25in 1991 for all wells of record as of July 1, 1991 and July 1

 

 

HB4989 Engrossed- 21 -LRB102 25856 AMQ 35208 b

1of each year thereafter. The fees assessed by the Department
2under this Section are in addition to any other fees required
3by law. All fees assessed under this Section shall be
4submitted to the Department no later than 30 days from the date
5listed on the annual fee assessment letter sent to the
6permittee. Of the fees assessed and collected by the
7Department each year under this Section, 50% shall be
8deposited into the Underground Resources Conservation
9Enforcement Fund, and 50% shall be deposited into the Plugging
10and Restoration Fund unless, total fees assessed and collected
11for any calendar year exceed $1,500,000; then, $750,000 shall
12be deposited into the Underground Resources Conservation
13Enforcement Fund and the balance of the fees assessed and
14collected shall be deposited into the Plugging and Restoration
15Fund. Upon request of the Department to the Comptroller and
16Treasurer, the Comptroller and Treasurer shall make any
17interfund transfers necessary to effect the allocations
18required by this Section.
19    The monies deposited into the Plugging and Restoration
20Fund or the Underground Resources Conservation Enforcement
21Fund under this Section shall not be subject to administrative
22charges or chargebacks unless otherwise authorized by this
23Act.
24(Source: P.A. 97-1136, eff. 1-1-13.)