Illinois General Assembly - Full Text of HB4128
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Full Text of HB4128  99th General Assembly




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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 Illinois Oil and Gas Act is amended by
5changing Section 8a and by adding Section 8d as follows:
6    (225 ILCS 725/8a)  (from Ch. 96 1/2, par. 5413)
7    Sec. 8a. When an inspector or other authorized employee or
8agent of the Department determines that any permittee, or any
9person engaged in conduct or activities required to be
10permitted under this Act, is in violation of any requirement of
11this Act or the rules adopted hereunder or any permit
12condition, or has falsified or otherwise misstated any
13information on or relative to any application, permit, required
14record, or other document required to be submitted to the
15Department by this Act or any rules or procedures adopted under
16this Act the permit application, a notice of violation shall be
17completed and delivered to the Director or his designee.
18    The notice shall contain:
19        1. the nature of the violation;
20        2. the action needed to abate the violation, including
21    any appropriate remedial measures to prevent future
22    violation such as replacement, repair, testing and
23    reworking a well and any appurtenances and equipment;



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1        3. the time within which the violation is to be abated;
2    and
3        4. any factors known to the person completing the
4    notice of violation in aggravation or mitigation and the
5    existence of any factors indicating that the permit should
6    be conditioned or modified.
7    Upon receipt of a notice of violation, the Director shall
8conduct his investigation and may affirm, vacate or modify the
9notice of violation. In determining whether to take actions in
10addition to remedial action necessary to abate a violation, the
11Director shall consider the person's or permittee's history of
12previous violations including violations at other locations
13and under other permits, the seriousness of the violation
14including any irreparable harm to the environment or damage to
15property, the degree of culpability of the person or permittee
16and the existence of any additional conditions or factors in
17aggravation or mitigation including information provided by
18the person or permittee.
19    The Director shall serve the person or permittee with his
20decision at the conclusion of the investigation. Modification
21of the notice of violation may include:
22        1. any different or additional remedial action
23    required to abate the violation and the time within which
24    the violation must be abated;
25        2. the assessment of civil penalties not to exceed
26    $5,000 for each and every falsification or misstatement of



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1    information and $1,000 a day for each and every act of
2    violation not including a falsification or misstatement of
3    information;
4        3. probationary or permanent modification or
5    conditions on the permit which may include special
6    monitoring or reporting requirements; and
7        4. revocation of the permit.
8    The Director's decision shall provide that the person or
9permittee has the right to request a hearing.
10    The Director's decision affirming, vacating or modifying
11the notice of violation shall be considered served when mailed
12by first class mail to the person or permittee at his last
13known address.
14    A person or permittee shall have 30 days from the date of
15service of the Director's decision to request a hearing. If the
16Director's decision includes the assessment of a civil penalty,
17the person or permittee charged with the penalty shall pay the
18penalty in full or, if the person or permittee wishes to
19contest either the amount of the penalty or the fact of the
20violation, submit the assessed amount, with the request for a
21hearing, to be held in escrow. The filing of a request for a
22hearing shall not operate as a stay of the Director's decision.
23All civil penalties finally assessed and paid to the Department
24shall be deposited in the Underground Resources Conservation
25Enforcement Fund.
26    Any person who willfully or knowingly authorized, ordered,



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1or carried out any violation cited in the Director's decision
2shall be subject to the same actions, including civil
3penalties, which may be imposed on the person or permittee
4under this Section.
5    Upon receipt of a request, the Department shall provide an
6opportunity for a formal hearing upon not less than 5 days
7notice. The hearing shall be conducted by the Director or
8anyone designated by him for such purpose, and shall be located
9and conducted in accordance with the rules of the Department.
10Failure of the person or permittee to timely request a hearing
11or, if a civil penalty has been assessed, to timely tender the
12assessed civil penalty, shall constitute a waiver of all legal
13rights to contest the Director's decision, including the amount
14of any civil penalty. Within 30 days of the close of the
15hearing record or expiration of the time to request a hearing,
16the Department shall issue a final administrative order.
17    If, at the expiration of the period of time originally
18fixed in the Director's decision or in any subsequent extension
19of time granted by the Department, the Department finds that
20the violation has not been abated, it may immediately order the
21cessation of operations or the portions thereof relevant to the
22violation. Such cessation order shall be served in the manner
23and within the time prescribed in Section 19.1 of this Act.
24    Pending the holding of any hearing or entry of a final
25administrative order under this Section, the person or
26permittee to whom the cessation order was issued may file a



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1written request for temporary relief subject to the same terms
2and conditions as are provided for in Section 19.1 of this Act.
3    If the Department finds that a person or permittee has
4failed to comply with a final administrative order, the
5Department may immediately order the cessation of operations or
6the portions thereof relevant to the final administrative
7order. Such cessation order shall be served in the manner and
8within the time prescribed in Section 19.1 of this Act. The
9Department shall commence a hearing within 5 days after
10issuance of a cessation order and shall conclude such hearing
11without appreciable delay. At the hearing the Department shall
12have the burden of proving that the person or permittee has not
13complied with the final administrative order. A cessation order
14issued under this paragraph shall continue in effect until
15modified, vacated, or terminated by the Department.
16    The Department shall refuse to issue a permit or permits,
17and shall revoke any permit or permits previously issued if:
18        (1) the applicant has falsified or otherwise misstated
19    any information on or relative to the permit application;
20        (2) the applicant has failed to abate a violation of
21    the Act specified in a final administrative decision of the
22    Department;
23        (3) an officer, director, partner, or person with an
24    interest in the applicant exceeding 5% failed to abate a
25    violation of the Act specified in a final administrative
26    decision of the Department; or



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1        (4) the applicant is an officer, director, partner, or
2    person with an interest exceeding 5% in another entity that
3    has failed to abate a violation of the Act specified in a
4    final administrative decision of the Department.
5(Source: P.A. 89-243, eff. 8-4-95.)
6    (225 ILCS 725/8d new)
7    Sec. 8d. Falsification or misstatement of information. No
8person shall falsify or otherwise misstate any information on
9or relative to any application, permit, required record, or
10other document required to be submitted to the Department by
11this Act or any rules or procedures adopted under this Act.