Full Text of SB3174 100th General Assembly
SB3174eng 100TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Oil and Gas Act is amended by | 5 | | changing Sections 1, 6, and 6.1 and by adding Section 6.3 as | 6 | | follows:
| 7 | | (225 ILCS 725/1) (from Ch. 96 1/2, par. 5401)
| 8 | | Sec. 1.
Unless the context otherwise requires, the words | 9 | | defined in this
Section have the following meanings as used in | 10 | | this Act.
| 11 | | "Person" means any natural person, corporation, | 12 | | association,
partnership, governmental agency or other legal | 13 | | entity, receiver, trustee,
guardian, executor, administrator, | 14 | | fiduciary or representative of any kind.
| 15 | | "Oil" means natural crude oil or petroleum and other | 16 | | hydrocarbons,
regardless of gravity, which are produced at the | 17 | | well in liquid form by
ordinary production methods or by the | 18 | | use of an oil and gas separator and
which are not the result of | 19 | | condensation of gas after it leaves the
underground reservoir.
| 20 | | "Gas" means all natural gas, including casinghead gas, and | 21 | | all other
natural hydrocarbons not defined above as oil.
| 22 | | "Pool" means a natural, underground reservoir containing | 23 | | in whole or in
part, a natural accumulation of oil or gas, or |
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| 1 | | both. Each productive zone
or stratum of a general structure, | 2 | | which is completely separated from any
other zone or stratum in | 3 | | the structure, is deemed a separate "pool" as used
herein.
| 4 | | "Field" means the same general surface area which is | 5 | | underlaid or
appears to be underlaid by one or more pools.
| 6 | | "Permit" means the Department's written authorization | 7 | | allowing a well
to be drilled, deepened, converted, or operated | 8 | | by an owner.
| 9 | | "Permittee" means the owner holding or required to hold the
| 10 | | permit, and
who is also responsible for paying assessments in | 11 | | accordance with Section
19.7 of this Act and, where applicable, | 12 | | executing and filing the bond
associated with the well as | 13 | | principal and who is responsible for compliance
with all | 14 | | statutory and regulatory requirements pertaining to the well.
| 15 | | When the right and responsibility for operating a well is | 16 | | vested in a
receiver or trustee appointed by a court of | 17 | | competent jurisdiction, the
permit shall be issued to the | 18 | | receiver or trustee.
| 19 | | "Orphan Well" means a well for which: (1) no fee assessment | 20 | | under
Section 19.7 of this Act has been paid or no other bond | 21 | | coverage has been
provided for 2 consecutive years; (2) no oil | 22 | | or gas has been produced from
the well or from the lease or | 23 | | unit on which the well is located for 2
consecutive years; and | 24 | | (3) no permittee or owner can be identified or
located by the | 25 | | Department. Orphaned wells include wells that may have been
| 26 | | drilled for purposes other than those for which a permit is |
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| 1 | | required under
this Act if the well is a conduit for oil or | 2 | | salt water intrusions into
fresh water zones or onto the | 3 | | surface which may be caused by oil and gas
operations.
| 4 | | "Owner" means the person who has the right to drill into | 5 | | and produce
from any pool, and to appropriate the production | 6 | | either for the person or for
the person and another, or others, | 7 | | or solely for others, excluding the
mineral owner's royalty if
| 8 | | the right to drill and produce has been granted under an oil | 9 | | and gas lease.
An owner may also be a person granted the right | 10 | | to drill and operate an
injection (Class II UIC) well | 11 | | independent of the right to drill for and produce
oil or gas. | 12 | | When the right to drill, produce, and appropriate production is
| 13 | | held by more than one person, then all persons holding these | 14 | | rights may
designate the owner by a written operating agreement | 15 | | or similar written
agreement. In the absence of such an | 16 | | agreement, and subject to the provisions
of Sections 22.2 and | 17 | | 23.1 through 23.16 of this Act, the owner shall be the
person | 18 | | designated in writing by a majority in interest of the persons | 19 | | 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 | 23 | | Department of Natural
Resources, Office of Mines
and Minerals.
| 24 | | "Mineral Owner's Royalty" means the share of oil and gas | 25 | | production
reserved in an oil and gas lease free of all costs | 26 | | by an owner of the
minerals whether denominated royalty or |
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| 1 | | overriding royalty.
| 2 | | "Waste" means "physical waste" as that term is generally | 3 | | understood in
the oil and gas industry, and further includes:
| 4 | | (1) the locating, drilling, and producing of any oil or | 5 | | 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 from | 9 | | 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 mineral | 17 | | deposits in the operations
for the discovery, development, | 18 | | 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 gas | 23 | | into
the open air in excessive or unreasonable amounts, | 24 | | provided, however,
it shall not be unlawful for the | 25 | | operator
or owner of any well producing both oil and gas to | 26 | | burn such gas in flares
when such gas is, under the other |
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| 1 | | provisions of this Act, lawfully
produced, and where there | 2 | | is no market at the well for such escaping gas;
and where | 3 | | the same is used for the extraction of casinghead gas, it | 4 | | shall
not be unlawful for the operator of the plant after | 5 | | 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 property | 11 | | from oil or gas operations.
| 12 | | "Directional drilling" means controlled directional | 13 | | drilling where the bottom of the wellbore is intentionally | 14 | | directed away from the vertical position. | 15 | | "Drilling Unit" means the surface area allocated by an | 16 | | order or
regulation of the Department to the drilling of a | 17 | | single well for the
production of oil or gas from an individual | 18 | | pool.
| 19 | | "Enhanced Recovery Method" means any method used in an | 20 | | effort to
recover hydrocarbons from a pool by injection of | 21 | | fluids, gases or other
substances to maintain, restore or | 22 | | augment natural reservoir energy, or by
introducing immiscible | 23 | | or miscible gases, chemicals, other substances or
heat or by | 24 | | in-situ combustion, or by any combination thereof.
| 25 | | "Horizontal well" means a well with a wellbore drilled | 26 | | laterally at an angle of at least 80 degrees to the vertical |
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| 1 | | and with a horizontal projection exceeding 100 feet measured | 2 | | from the initial point of penetration into the productive | 3 | | formation through the terminus of the lateral in the same | 4 | | common source of hydrocarbon supply. | 5 | | "Survey" means the Illinois State Geological Survey. | 6 | | "Well-Site Equipment" means any production-related | 7 | | equipment or materials
specific to the well, including motors, | 8 | | pumps, pump jacks, tanks, tank
batteries, separators, | 9 | | compressors, casing, tubing, and rods.
| 10 | | (Source: P.A. 99-78, eff. 7-20-15.)
| 11 | | (225 ILCS 725/6) (from Ch. 96 1/2, par. 5409)
| 12 | | Sec. 6.
The Department shall have the authority to conduct | 13 | | hearings and
to make such reasonable rules as may be necessary | 14 | | from time to time in the
proper administration and enforcement | 15 | | of this Act, including the adoption
of rules and the holding of | 16 | | hearings for the following purposes:
| 17 | | (1) To require the drilling, casing and plugging of | 18 | | wells to be done in
such a manner as to prevent the | 19 | | migration of oil or gas from one stratum to
another; to | 20 | | prevent the intrusion of water into oil, gas or coal | 21 | | strata;
to prevent the pollution of fresh water supplies by | 22 | | oil, gas or salt
water.
| 23 | | (2) To require the person desiring or proposing to | 24 | | drill, deepen or
convert any well for the exploration or | 25 | | production of
oil or gas, for injection or water supply in |
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| 1 | | connection with
enhanced recovery projects, for the | 2 | | disposal of salt water, brine, or other
oil or gas field | 3 | | wastes, or for input, withdrawal, or observation in
| 4 | | connection with the storage of natural gas or other liquid | 5 | | or gaseous
hydrocarbons before commencing the drilling, | 6 | | deepening or
conversion of any such well, to make | 7 | | application to the Department upon
such form as the | 8 | | Department may prescribe and to comply with the provisions
| 9 | | of this Section. The drilling, deepening or conversion of | 10 | | any well is
hereby prohibited until such application is | 11 | | made and the applicant is
issued a permit therefor as | 12 | | provided by this Act. Each application for a
well permit | 13 | | shall include the following: (A) The exact location of the
| 14 | | well, (B) the name and address of the manager, operator, | 15 | | contractor,
driller, or any other person responsible for | 16 | | the conduct of drilling
operations, (C) the proposed depth | 17 | | of the well, (D) lease ownership
information, and (E) | 18 | | Global Positioning System (GPS) surface and bottom hole | 19 | | locations for all wells drilled utilizing directional or | 20 | | horizontal drilling techniques, (F) a list of chemicals and | 21 | | additives intended to be used in the drilling or completion | 22 | | operations as identified in Section 6.3, and (G) (E) such | 23 | | other relevant information as the Department may
deem | 24 | | necessary or convenient to effectuate the purposes of this | 25 | | Act.
| 26 | | Additionally, each applicant who has not been issued a |
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| 1 | | permit that is
of record on the effective date of this | 2 | | amendatory Act of 1991, or who has
not thereafter made | 3 | | payments of assessments under Section 19.7 of this Act
for | 4 | | at least 2 consecutive years preceding the application, | 5 | | shall execute,
as principal, and file with the Department a | 6 | | bond, executed by a surety
authorized to transact business | 7 | | in this State, in an amount estimated to
cover the cost of | 8 | | plugging the well and restoring the well site, but not to
| 9 | | exceed $5000, as determined by the Department for each | 10 | | well, or a blanket
bond in an amount not to exceed $100,000 | 11 | | for all wells, before drilling,
deepening, converting, or | 12 | | operating any well for which a permit is required
that has | 13 | | not previously been plugged and abandoned in accordance | 14 | | with the
Act. The Department shall release the bond if the | 15 | | well, or all wells in the
case of a blanket bond, is not | 16 | | completed but is plugged and the well site
restored in | 17 | | accordance with the Department's rules or is completed in
| 18 | | accordance with the Department's rules and the permittee | 19 | | pays assessments
to the Department in accordance with | 20 | | Section 19.7 of this Act for 2
consecutive years.
| 21 | | In lieu of a surety bond, the applicant may provide | 22 | | cash,
certificates of deposit, or irrevocable letters of | 23 | | credit under such terms
and conditions as the Department | 24 | | may provide by rule.
| 25 | | The sureties on all bonds in effect on the effective | 26 | | date of this
amendatory Act of 1991 shall remain liable as |
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| 1 | | sureties in accordance with
their undertakings until | 2 | | released by the Department from further liability
under the | 3 | | Act. The principal on each bond in effect on the effective | 4 | | date
of this amendatory Act of 1991 shall be released from | 5 | | the obligation of
maintaining the bond if either the well | 6 | | covered by a surety bond has been
plugged and the well site | 7 | | restored in accordance with the Department's
rules or the | 8 | | principal of the surety has paid the initial assessment in
| 9 | | accordance with Section 19.7 and no well or well site | 10 | | covered by the surety
bond is in violation of the Act.
| 11 | | No permit shall be issued to a corporation incorporated | 12 | | outside of
Illinois until the corporation has been | 13 | | authorized to do business in Illinois.
| 14 | | No permit shall be issued to an individual, | 15 | | partnership, or other
unincorporated entity that is not a | 16 | | resident of Illinois until that individual,
partnership, | 17 | | or other unincorporated entity has irrevocably consented | 18 | | to be
sued in Illinois.
| 19 | | (3) To require the person assigning, transferring, or | 20 | | selling any well
for which a permit is required under this | 21 | | Act to notify the Department of
the change of ownership. | 22 | | The notification shall be on a form prescribed by
the | 23 | | Department, shall be executed by the current permittee and | 24 | | by the new
permittee, or their authorized representatives, | 25 | | and shall be filed with the
Department within 30 days after | 26 | | the effective date of the assignment,
transfer or sale. |
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| 1 | | Within the 30 day notification period and prior to
| 2 | | operating the well, the new permittee shall pay the | 3 | | required well transfer
fee and, where applicable, file with | 4 | | the Department the bond required under
subsection (2) of | 5 | | this Section.
| 6 | | (4) To require the filing with the State Geological | 7 | | Survey
of all geophysical logs, a well drilling
report and | 8 | | drill cuttings or cores, if cores are required,
within 90 | 9 | | days after drilling ceases; and to file a completion report
| 10 | | with the Department within 30 days after the date of first | 11 | | production
following initial drilling or any reworking, or | 12 | | after the plugging of the
well, if a dry hole. A copy of | 13 | | each completion report submitted to the
Department shall be | 14 | | delivered to the State Geological Survey. The
Department | 15 | | and the State Geological Survey shall keep the reports
| 16 | | confidential, if requested in writing by the permittee, for | 17 | | 2 years after
the date the permit is issued by the | 18 | | Department. Horizontal wells or wells drilled utilizing | 19 | | directional drilling, including, but not limited to, oil | 20 | | and gas wells, coalbed methane wells, and coal mine methane | 21 | | wells, shall be prohibited from classification as | 22 | | confidential. This confidentiality
requirement shall not | 23 | | prohibit the use of the report for research purposes,
| 24 | | provided the State Geological Survey does not publish | 25 | | specific data or
identify the well to which the completion | 26 | | report pertains. Well drilling reports and completion |
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| 1 | | reports for horizontal wells or wells drilled utilizing | 2 | | directional drilling shall be subject to the requirements | 3 | | of Section 6.3.
| 4 | | (5) To prevent "blowouts", "caving" , "frac hits", and | 5 | | "seepage" in the same sense that
conditions indicated by | 6 | | such terms are generally understood in the oil and
gas | 7 | | business.
| 8 | | (6) To prevent fires.
| 9 | | (7) To ascertain and identify the ownership of all oil | 10 | | and gas wells,
producing leases, refineries, tanks, | 11 | | plants, structures, and all storage
and transportation | 12 | | equipment and facilities.
| 13 | | (8) To regulate the use of any enhanced recovery method | 14 | | in oil pools
and oil fields.
| 15 | | (9) To regulate or prohibit the use of vacuum.
| 16 | | (10) To regulate the spacing of wells, the
issuance of | 17 | | permits, and the establishment of drilling units.
| 18 | | (11) To regulate directional drilling of oil or gas | 19 | | wells.
| 20 | | (12) To regulate the plugging of wells.
| 21 | | (13) To require that wells for which no logs or
| 22 | | unsatisfactory logs are supplied shall be completely | 23 | | plugged with cement
from bottom to top.
| 24 | | (14) To require a description in such form as is
| 25 | | determined by the Department of the method of well plugging | 26 | | for each
well, indicating the character of material used |
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| 1 | | and the positions and
dimensions of each plug.
| 2 | | (15) To prohibit waste, as defined in this Act.
| 3 | | (16) To require the keeping of such records, the | 4 | | furnishing of such
relevant information and the | 5 | | performance of such tests as the Department
may deem | 6 | | necessary to carry into effect the purposes of this Act.
| 7 | | (17) To regulate the disposal of salt or | 8 | | sulphur-bearing water and any
oil field waste produced in | 9 | | the operation of any oil or gas well.
| 10 | | (18) To prescribe rules, conduct inspections and | 11 | | require compliance with
health and safety standards for the | 12 | | protection of persons working
underground in connection | 13 | | with any oil and gas operations. For the
purposes of this | 14 | | paragraph, oil and gas operations include drilling or
| 15 | | excavation, production operations, plugging or filling in | 16 | | and sealing, or
any other work requiring the presence of | 17 | | workers in shafts or excavations
beneath the surface of the | 18 | | earth. Rules promulgated by the Department may
include | 19 | | minimum qualifications of persons performing tasks | 20 | | affecting the
health and safety of workers underground, | 21 | | minimum standards for the
operation and maintenance of | 22 | | equipment, and safety procedures and
precautions, and | 23 | | shall conform, as nearly as practicable, to corresponding
| 24 | | qualifications, standards and procedures prescribed under | 25 | | the Coal Mining Act.
| 26 | | (19) To deposit the amount of any forfeited surety bond |
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| 1 | | or other
security in the Plugging and Restoration Fund, a | 2 | | special fund in the State
treasury which is hereby created; | 3 | | to deposit into the Fund any amounts
collected, reimbursed | 4 | | or recovered by the Department under Sections 19.5,
19.6 | 5 | | and 19.7 of this Act; to accept, receive, and
deposit into | 6 | | the Fund any grants, gifts or other funds which may be made
| 7 | | available from public or private sources and all earnings | 8 | | received from
investment of monies in the Fund; and to make | 9 | | expenditures from the Fund
for the purposes of plugging, | 10 | | replugging or repairing any well, and
restoring the site of | 11 | | any well, determined by the Department to be
abandoned or | 12 | | ordered by the Department to be plugged, replugged, | 13 | | repaired
or restored under Sections 8a, 19 or 19.1 of this | 14 | | Act, including
expenses in administering the Fund.
| 15 | | For the purposes of this Act, the State Geological Survey | 16 | | shall
co-operate with the Department in making available its | 17 | | scientific and
technical information on the oil and gas | 18 | | resources of the State, and the
Department shall in turn | 19 | | furnish a copy to the State Geological Survey
of all drilling | 20 | | permits as issued, and such other drilling and operating
data | 21 | | received or secured by the Department which are pertinent to
| 22 | | scientific research on the State's mineral resources.
| 23 | | (Source: P.A. 86-205; 86-364; 86-1177; 87-744 .)
| 24 | | (225 ILCS 725/6.1) (from Ch. 96 1/2, par. 5410)
| 25 | | Sec. 6.1.
When the applicant has complied with all |
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| 1 | | applicable
provisions of this Act and the rules of the | 2 | | Department, the Department
shall issue the permit. All | 3 | | applications for a permit submitted to the Department shall | 4 | | either be granted, denied, or a deficiency letter issued in | 5 | | writing within 20 business days after the date of receipt by | 6 | | the Department, unless the applicant and Department mutually | 7 | | agree to extend the 20-day period. If granted, the written | 8 | | permit shall be issued. If a deficiency letter is issued, the | 9 | | Department shall provide specific requirements for additional | 10 | | information or documentation needed for the application to be | 11 | | considered and the permit issued. Upon submission of the | 12 | | required information and documentation, the same process and | 13 | | timeframe as provided in this Section shall continue until | 14 | | either the permit is issued or it is determined that the permit | 15 | | cannot be issued because of legal or regulatory impediments. | 16 | | The Department shall respond in a timely manner to any | 17 | | application or submission of additional information and | 18 | | documentation after initial submission. | 19 | | On a weekly basis, the Department shall post on its website | 20 | | a notice indicating all permits issued during the preceding | 21 | | week. The weekly permit notice shall include the surface and | 22 | | bottom hole locations for all wells drilled utilizing | 23 | | directional or horizontal drilling techniques in Global | 24 | | Positioning System (GPS) decimal degree format.
| 25 | | (Source: P.A. 98-926, eff. 9-1-14; 99-131, eff. 1-1-16 .)
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| 1 | | (225 ILCS 725/6.3 new) | 2 | | Sec. 6.3. Horizontal and directional well; drilling and | 3 | | completion reports; trade secret. | 4 | | (a) Well drilling and completion reports for horizontal | 5 | | wells or wells drilled using directional drilling shall contain | 6 | | the following information: | 7 | | (1) the permittee's name as listed in the permit | 8 | | application; | 9 | | (2) the dates of the drilling or completion operations; | 10 | | (3) the county where the well is located; | 11 | | (4) the well name and Department reference number; | 12 | | (5) the Global Positioning System (GPS) surface and | 13 | | bottom hole locations for the well; | 14 | | (6) a chemical disclosure report identifying each | 15 | | chemical and additive used during drilling or completion | 16 | | operations that includes the following information: | 17 | | (A) the total volume of water used in the drilling | 18 | | or completion of the well or the type and total volume | 19 | | of the base fluid used, if the base fluid used is | 20 | | something other than water; | 21 | | (B) each additive used during the drilling or | 22 | | completion of the well, including the trade name, | 23 | | vendor, a brief descriptor of the intended use or | 24 | | function of each additive, and the Material Safety Data | 25 | | Sheet, if applicable; | 26 | | (C) each chemical intentionally added to any base |
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| 1 | | fluid used during the drilling or completion of the | 2 | | well, including the Chemical Abstracts Service number | 3 | | for each chemical, if applicable; and | 4 | | (D) the actual concentration in the base fluid, in | 5 | | percent by mass, of each chemical intentionally added | 6 | | to the base fluid. | 7 | | (b) The Survey and the Department shall make all well | 8 | | drilling and completion reports subject to this Section public | 9 | | by posting them on their respective websites within 30 days | 10 | | after receipt of the reports. | 11 | | (c) When an applicant, permittee, or a person subject to | 12 | | this Act furnishes chemical disclosure information to the | 13 | | Survey or Department under this Section under a claim of trade | 14 | | secret, the person shall submit redacted and un-redacted copies | 15 | | of the documents containing the information to the Survey or | 16 | | Department, and the Survey or Department shall use the redacted | 17 | | copies when posting materials on its website. | 18 | | (d) Upon submission or within 5 calendar days after | 19 | | submission of chemical disclosure information to the Survey or | 20 | | Department under this Section under a claim of trade secret, | 21 | | the person claiming trade secret protection shall provide a | 22 | | statement of justification of the claim that contains the | 23 | | following: (i) a detailed description of the procedures used by | 24 | | the person to safeguard the information from becoming available | 25 | | to persons other than those selected by the person to have | 26 | | access to the information for limited purposes; (ii) a detailed |
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| 1 | | statement identifying the persons or class of persons to whom | 2 | | the information has been disclosed; (iii) a certification | 3 | | indicating that the person has no knowledge that the | 4 | | information has ever been published or disseminated or has | 5 | | otherwise become a matter of general public knowledge; (iv) a | 6 | | detailed discussion of why the person believes that the | 7 | | information has competitive value; and (v) any other | 8 | | information that shall support the claim. | 9 | | (e) Chemical disclosure information furnished under this | 10 | | Section under a claim of trade secret shall be protected from | 11 | | disclosure as a trade secret if the Survey or Department | 12 | | determines that the statement of justification demonstrates | 13 | | that: | 14 | | (1) the information has not been published, | 15 | | disseminated, or otherwise become a matter of general | 16 | | public knowledge; and | 17 | | (2) the information has competitive value. | 18 | | There is a rebuttable presumption that the information has | 19 | | not been published, disseminated, or otherwise become a matter | 20 | | of general public knowledge if the person has taken reasonable | 21 | | measures to prevent the information from becoming available to | 22 | | persons other than those selected by the person to have access | 23 | | to the information for limited purposes, and the statement of | 24 | | justification contains a certification indicating that the | 25 | | person has no knowledge that the information has ever been | 26 | | published, disseminated, or otherwise become a matter of |
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| 1 | | general public knowledge. | 2 | | (f) Denial of a trade secret request under this Section | 3 | | shall be appealable under the Administrative Review Law. | 4 | | (g) A person whose request to inspect or copy a public | 5 | | record is denied, in whole or in part, because of a grant of | 6 | | trade secret protection, may file a request for review with the | 7 | | Public Access Counselor under Section 9.5 of the Freedom of | 8 | | Information Act or for injunctive or declaratory relief under | 9 | | Section 11 of the Freedom of Information Act for the purpose of | 10 | | reviewing whether the Survey or Department properly determined | 11 | | that the trade secret protection should be granted. | 12 | | (h) Except as otherwise provided in subsections (i) and (j) | 13 | | of this Section, the Survey or Department must maintain the | 14 | | confidentiality of chemical disclosure information furnished | 15 | | under this Section until the Survey or Department receives | 16 | | official notification of a final order by a reviewing body with | 17 | | proper jurisdiction that is not subject to further appeal | 18 | | rejecting a grant of trade secret protection for that | 19 | | information. | 20 | | (i) The Survey or Department shall adopt rules for the | 21 | | provision of information furnished under a claim of trade | 22 | | secret to a health professional who states a need for the | 23 | | information and articulates why the information is needed. The | 24 | | health professional may share that information with other | 25 | | persons as may be professionally necessary, including, but not | 26 | | limited to, the affected patient, other health professionals |
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| 1 | | involved in the treatment of the affected patient, the affected | 2 | | patient's family members if the affected patient is unconscious | 3 | | or a minor who is unable to make medical decisions, the Centers | 4 | | for Disease Control and Prevention, and other government public | 5 | | health agencies. Except as otherwise provided in this Section, | 6 | | any recipient of the information shall not use the information | 7 | | for purposes other than the health needs asserted in the | 8 | | request and shall otherwise maintain the information as | 9 | | confidential. Information so disclosed to a health | 10 | | professional shall not be construed as publicly available. The | 11 | | holder of the trade secret may request a confidentiality | 12 | | agreement consistent with the requirements of this Section from | 13 | | all health professionals to whom the information is disclosed | 14 | | as soon as circumstances permit. The rules adopted by the | 15 | | Survey or Department shall also establish procedures for | 16 | | providing the information in both emergency and non-emergency | 17 | | situations. | 18 | | (j) When there is a release of a chemical or additive used | 19 | | for drilling or completing a well and it is necessary to | 20 | | protect public health or the environment, the Survey or | 21 | | Department shall disclose information furnished under a claim | 22 | | of trade secret to the relevant county public health director | 23 | | or emergency manager, the relevant fire department chief, the | 24 | | Director of Public Health, the Director of Agriculture, and the | 25 | | Director of the Illinois Environmental Protection Agency upon | 26 | | request by that individual. The Director of Public Health, the |
| | | SB3174 Engrossed | - 20 - | LRB100 19698 XWW 34972 b |
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| 1 | | Director of the Illinois Environmental Protection Agency, and | 2 | | the Director of Agriculture may disclose this information to | 3 | | staff members under the same terms and conditions as apply to | 4 | | the Survey and Director of Natural Resources. Except as | 5 | | otherwise provided in this Section, any recipient of the | 6 | | information shall not use the information for purposes other | 7 | | than to protect public health or the environment and shall | 8 | | otherwise maintain the information as confidential. | 9 | | Information disclosed to staff members shall not be construed | 10 | | as publicly available. The holder of the trade secret | 11 | | information may request a confidentiality agreement consistent | 12 | | with the requirements of this Section from all persons to whom | 13 | | the information is disclosed as soon as circumstances permit.
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