Full Text of HB4746 100th General Assembly
HB4746enr 100TH GENERAL ASSEMBLY
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AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
The Illinois Oil and Gas Act is amended by
adding Sections 7.5 and 7.6 as follows:
(225 ILCS 725/7.5 new)
Natural gas storage field; natural gas incident;
In addition to the requirements of this Section
and any applicable State and federal law, an operator of a
natural gas storage field that lies on the footprint of a Sole
Source Aquifer designated as such in 2015 by the United States
Environmental Protection Agency must immediately notify the
following parties located within 5 miles of the boundaries of a
natural gas incident:
(1) The Illinois Emergency Management Agency and all
municipalities and counties.
(2) All emergency service agencies serving that area.
(3) All owners and operators of public water supplies,
community water supplies, and non-community water
As soon as practicable, but no later than 3 months after
the effective date of this amendatory Act of the 100th General
Assembly, the Department shall adopt rules establishing the
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minimum criteria for an unintentional release of natural gas
that would constitute an incident for purposes of this Section.
In determining what constitutes an incident, the Department
shall consider, but is not limited to, the following criteria:
(1) the amount of natural gas or other substances that
were released as a result of the incident;
(2) the duration of the natural gas incident before it
was resolved; and
(3) whether there is an imminent threat of danger to
property or public safety.
The rules shall be at least as stringent as the definition
of "incident" as promulgated by the United States Secretary of
Transportation under 49 CFR 191.3(1)(iii). The Department
shall maintain the rules so that the rules are at least as
stringent as the definition of "incident" from time to time in
effect under 49 CFR 191.3(1)(iii).
In addition, all private residents, owners and operators of
private water systems, or businesses, including agricultural
operations, located within one and a half miles of the
boundaries of the natural gas incident must be notified as soon
as practically possible.
Notices to private residents and businesses must be
attempted through verbal communication, whether in person or by
telephone. If verbal communication cannot be established, a
physical notice must be posted on the premises of the private
residence or business in a conspicuous location where it is
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easily seen by the inhabitants of the private residence or
employees at the business. The physical notice shall carry the
following text in at least 18-point font: "NATURAL GAS INCIDENT
NOTICE - READ IMMEDIATELY". Notices required under this Section
shall be provided whether or not the threat of exposure has
been eliminated. Both verbal and physical notices shall include
the location of the natural gas incident, the date and time
that the natural gas incident was discovered, contact
information of the operator of the natural gas storage field,
and any applicable safety information.
The operator of a natural gas storage field has a
continuous and ongoing obligation to further notify the
affected parties as necessary if it is determined that the
boundaries of the natural gas incident have increased, moved,
or shifted. This notice requirement shall be construed as
broadly as possible.
(225 ILCS 725/7.6 new)
Gas storage field inspection.
shall conduct annual inspections at all gas storage fields
lying on the footprint of a Sole Source Aquifer designated as
such in 2015 by the United States Environmental Protection
Agency in the State to ensure that there are no infrastructure
deficiencies or failures that could pose any harm to public
health. The owner of the gas storage field shall cover the
costs of the annual inspection.