99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB1378

 

Introduced 2/20/2015, by Sen. Gary Forby

 

SYNOPSIS AS INTRODUCED:
 
225 ILCS 725/19.1  from Ch. 96 1/2, par. 5426

    Amends the Illinois Oil and Gas Act. In provisions concerning hearings with regard to a finding of the Department of Natural Resources' that a well has been abandoned or is leaking salt water, oil, gas, or other deleterious substances into any fresh water formation or onto the surface of the land in the vicinity of the well, provides that the notice of hearing shall consist of written notice served to the permittee personally or by certified mail sent to the permittee's last known address. Provides that if the Department determines that the permittee resides or has gone out of this State or, on due inquiry, cannot be found or is concealed within the State so that process cannot be served upon him or her, the Department may cause publication to be made in some newspaper published in the county in which the well is located, and, if there is no newspaper published in that county, then the publication shall be in a newspaper published in the adjoining county in this State having a circulation in the county in which action is pending. Provides that, in addition, the Department may cause notice of hearing to be posted at the tank battery located on the lease containing the well at issue for at least 30 days prior to the scheduled date of the hearing. Requires the publication to contain notice of the pendency of the hearing, the name of the permittee, the name of the well, the names of the parties to be served by publication, and the date on or after which the default may be entered against the party. Requires that the Department also, within 10 days of the first publication of the notice of posting at the tank battery, send a copy of the publication by mail to the permittee's last known place of residence.


LRB099 10502 AMC 30729 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB1378LRB099 10502 AMC 30729 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 Section 19.1 as follows:
 
6    (225 ILCS 725/19.1)  (from Ch. 96 1/2, par. 5426)
7    Sec. 19.1. If, after notice and an opportunity for a
8hearing, the Department finds that a well drilled for the
9exploration, development, storage or production of oil or gas,
10or as injection, salt water disposal, salt water source,
11observation, and geological or structure test has been
12abandoned or is leaking salt water, oil, gas or other
13deleterious substances into any fresh water formation or onto
14the surface of the land in the vicinity of the well, the
15Department shall issue an order that the well be properly
16plugged, replugged or repaired to remedy such situation. Notice
17under this Section shall consist of written notice served to
18the permittee personally or by certified mail sent to the
19permittee's last known address. If the Department determines
20that the permittee resides or has gone out of this State or, on
21due inquiry, cannot be found or is concealed within the State
22so that process cannot be served upon him or her, the
23Department may cause publication to be made in some newspaper

 

 

SB1378- 2 -LRB099 10502 AMC 30729 b

1published in the county in which the well is located. If there
2is no newspaper published in that county, then the publication
3shall be in a newspaper published in the adjoining county in
4this State having a circulation in the county in which action
5is pending. In addition, the Department may cause notice of
6hearing to be posted at the tank battery located on the lease
7containing the well at issue for at least 30 days prior to the
8scheduled date of the hearing. The publication shall contain
9notice of the pendency of the hearing, the name of the
10permittee, the name of the well, the names of the parties to be
11served by publication, and the date on or after which the
12default may be entered against the party. The Department shall
13also, within 10 days of the first publication of the notice of
14posting at the tank battery, send a copy of the publication by
15mail to the permittee's last known place of residence. The
16certificate that the Director or his or her representative has
17sent the copy in accordance with this Section is evidence that
18he or she has done so. If the permittee fails to do so within 30
19days from the date of the order, then any person duly
20authorized by the Department may enter upon the land on which
21the well is located and plug, replug, or repair the well as may
22be reasonably required to remedy the condition. The costs and
23expenses incurred by the Department under this Act shall be a
24debt due by the permittee to the Department together with
25interest at the rate set forth in Section 2-1303 of the Code of
26Civil Procedure. The permittee's failure to comply with the

 

 

SB1378- 3 -LRB099 10502 AMC 30729 b

1Department's order is a violation of this Act.
2    If the Department determines that any condition or practice
3exists, or that any person or permittee is in violation of any
4requirement of this Act or the rules adopted hereunder or any
5permit condition, which condition, practice or violation
6creates an imminent danger to the health or safety of the
7public, or an imminent danger of significant environmental harm
8or significant damage to property, any authorized employee or
9agent of the Department may order the immediate cessation of
10operation. If a responsible party cannot be readily located in
11the judgment of the employee or agent issuing the order, the
12employee or agent may take any action he deems necessary to
13cause a cessation of operations and abatement of any condition.
14The cessation order shall be served by mailing it certified
15mail-return receipt requested to the last known address of the
16person or permittee as soon as is practicably possible but in
17no event later than 5 days after its issuance.
18    Pending completion of the investigation and any hearing
19under Section 8a of this Act, the person or permittee may file
20with the Department a written request for temporary relief from
21the cessation order, together with a detailed statement giving
22reasons for granting such relief. The Department shall commence
23a hearing within 5 days after receipt of the request and may
24grant such relief, under such conditions as it may prescribe,
25if the applicant shows a substantial likelihood that the
26findings of the Department will be favorable to him and such

 

 

SB1378- 4 -LRB099 10502 AMC 30729 b

1relief will not adversely affect the health or safety of the
2public or cause significant environmental harm or significant
3damage to property.
4(Source: P.A. 89-243, eff. 8-4-95.)