Bill Text: IL SB3326 | 2013-2014 | 98th General Assembly | Introduced
Bill Title: Amends the Hydraulic Fracturing Regulatory Act. Adds reference to horizontal drilling with fracturing operations. Adds provisions concerning a county board or governing body's approval or denial for a request to consent for a local siting of a well site and operations. Makes other changes to provisions concerning permit applications, public notice, and public comment periods.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Failed) 2015-01-13 - Session Sine Die [SB3326 Detail]
Download: Illinois-2013-SB3326-Introduced.html
| |||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||
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 Hydraulic Fracturing Regulatory Act is | ||||||||||||||||||||||||||||||
5 | amended by changing Sections 1-35, 1-40, 1-45, and 1-50 as | ||||||||||||||||||||||||||||||
6 | follows:
| ||||||||||||||||||||||||||||||
7 | (225 ILCS 732/1-35)
| ||||||||||||||||||||||||||||||
8 | Sec. 1-35. High volume horizontal hydraulic fracturing and | ||||||||||||||||||||||||||||||
9 | horizontal drilling with fracturing operations permit | ||||||||||||||||||||||||||||||
10 | application. | ||||||||||||||||||||||||||||||
11 | (a) Every applicant for a permit under this Act shall first | ||||||||||||||||||||||||||||||
12 | register with the Department at least 30 days before applying | ||||||||||||||||||||||||||||||
13 | for a permit. The Department shall make available a | ||||||||||||||||||||||||||||||
14 | registration form within 90 days after the effective date of | ||||||||||||||||||||||||||||||
15 | this Act. The registration form shall require the following | ||||||||||||||||||||||||||||||
16 | information:
| ||||||||||||||||||||||||||||||
17 | (1) the name and address of the registrant and any | ||||||||||||||||||||||||||||||
18 | parent, subsidiary, or affiliate thereof;
| ||||||||||||||||||||||||||||||
19 | (2) disclosure of all findings of a serious violation | ||||||||||||||||||||||||||||||
20 | or an equivalent violation under federal or state laws or | ||||||||||||||||||||||||||||||
21 | regulations in the development or operation of an oil or | ||||||||||||||||||||||||||||||
22 | gas exploration or production site via hydraulic | ||||||||||||||||||||||||||||||
23 | fracturing or horizontal drilling with fracturing by the |
| |||||||
| |||||||
1 | applicant or any parent, subsidiary, or affiliate thereof | ||||||
2 | within the previous 5 years; and
| ||||||
3 | (3) proof of insurance to cover injuries, damages, or | ||||||
4 | loss related to pollution or diminution in the amount of at | ||||||
5 | least $5,000,000, from an insurance carrier authorized, | ||||||
6 | licensed, or permitted to do this insurance business in | ||||||
7 | this State that holds at least an A- rating by A.M. Best & | ||||||
8 | Co. or any comparable rating service.
| ||||||
9 | A registrant must notify the Department of any change in | ||||||
10 | the information identified in paragraphs (1), (2), or (3) of | ||||||
11 | this subsection (a) at least annually or upon request of the | ||||||
12 | Department.
| ||||||
13 | (b) Every applicant for a permit under this Act must submit | ||||||
14 | the following information to the Department on an application | ||||||
15 | form provided by the Department:
| ||||||
16 | (1) the name and address of the applicant and any | ||||||
17 | parent, subsidiary, or affiliate thereof;
| ||||||
18 | (2) the proposed well name and address and legal | ||||||
19 | description of the well site and its unit area;
| ||||||
20 | (3) a statement whether the proposed location of the | ||||||
21 | well site is in compliance with the requirements of Section | ||||||
22 | 1-25 of this Act and a plat, which shows the proposed | ||||||
23 | surface location of the well site, providing the distance | ||||||
24 | in feet, from the surface location of the well site to the | ||||||
25 | features described in subsection (a) of Section 1-25 of | ||||||
26 | this Act;
|
| |||||||
| |||||||
1 | (4) a detailed description of the proposed well to be | ||||||
2 | used for the high volume horizontal hydraulic fracturing | ||||||
3 | operations or horizontal drilling with fracturing | ||||||
4 | operations including, but not limited to, the following | ||||||
5 | information:
| ||||||
6 | (A) the approximate total depth to which the well | ||||||
7 | is to be drilled or deepened;
| ||||||
8 | (B) the proposed angle and direction of the well;
| ||||||
9 | (C) the actual depth or the approximate depth at | ||||||
10 | which the well to be drilled deviates from vertical;
| ||||||
11 | (D) the angle and direction of any nonvertical | ||||||
12 | portion of the wellbore until the well reaches its | ||||||
13 | total target depth or its actual final depth; and
| ||||||
14 | (E) the estimated length and direction of the | ||||||
15 | proposed horizontal lateral or wellbore;
| ||||||
16 | (5) the estimated depth and elevation, according to the | ||||||
17 | most recent publication of the Illinois State Geological | ||||||
18 | Survey of Groundwater for the location of the well, of the | ||||||
19 | lowest potential fresh water along the entire length of the | ||||||
20 | proposed wellbore;
| ||||||
21 | (6) a detailed description of the proposed high volume | ||||||
22 | horizontal hydraulic fracturing operations or horizontal | ||||||
23 | drilling with fracturing operations , including, but not | ||||||
24 | limited to, the following:
| ||||||
25 | (A) the formation affected by the high volume | ||||||
26 | horizontal hydraulic fracturing operations or |
| |||||||
| |||||||
1 | horizontal drilling with fracturing operations , | ||||||
2 | including, but not limited to, geologic name and | ||||||
3 | geologic description of the formation that will be | ||||||
4 | stimulated by the operation;
| ||||||
5 | (B) the anticipated surface treating pressure | ||||||
6 | range;
| ||||||
7 | (C) the maximum anticipated injection treating | ||||||
8 | pressure;
| ||||||
9 | (D) the estimated or calculated fracture pressure | ||||||
10 | of the producing and confining zones; and
| ||||||
11 | (E) the planned depth of all proposed perforations | ||||||
12 | or depth to the top of the open hole section;
| ||||||
13 | (7) a plat showing all known previous wellbores well | ||||||
14 | bores within 1,500 750 feet of any part of the horizontal | ||||||
15 | wellbore well bore that penetrated within 400 vertical feet | ||||||
16 | of the formation that will be stimulated as part of the | ||||||
17 | high volume horizontal hydraulic fracturing operations or | ||||||
18 | horizontal drilling with fracturing operations ;
| ||||||
19 | (8) unless the applicant documents why the information | ||||||
20 | is not available at the time the application is submitted, | ||||||
21 | a chemical disclosure report identifying each chemical and | ||||||
22 | proppant anticipated to be used in hydraulic fracturing or | ||||||
23 | fracturing fluid for each stage of the hydraulic fracturing | ||||||
24 | operations or horizontal drilling with fracturing | ||||||
25 | operations including the following:
| ||||||
26 | (A) the total volume of water anticipated to be |
| |||||||
| |||||||
1 | used in the hydraulic fracturing or fracturing | ||||||
2 | treatment of the well or the type and total volume of | ||||||
3 | the base fluid anticipated to be used in the hydraulic | ||||||
4 | fracturing or fracturing treatment, if something other | ||||||
5 | than water;
| ||||||
6 | (B) each hydraulic fracturing or fracturing | ||||||
7 | additive anticipated to be used in the hydraulic | ||||||
8 | fracturing or fracturing fluid, including the trade | ||||||
9 | name, vendor, a brief descriptor of the intended use or | ||||||
10 | function of each hydraulic fracturing or fracturing | ||||||
11 | additive, and the Material Safety Data Sheet (MSDS), if | ||||||
12 | applicable;
| ||||||
13 | (C) each chemical anticipated to be intentionally | ||||||
14 | added to the base fluid, including for each chemical, | ||||||
15 | the Chemical Abstracts Service number, if applicable; | ||||||
16 | and
| ||||||
17 | (D) the anticipated concentration in the base | ||||||
18 | fluid, in percent by mass, of each chemical to be | ||||||
19 | intentionally added to the base fluid;
| ||||||
20 | (9) a certification of compliance with the Water Use | ||||||
21 | Act of 1983 and applicable regional water supply plans;
| ||||||
22 | (10) a fresh water withdrawal and management plan that | ||||||
23 | shall include the following information:
| ||||||
24 | (A) the source of the water, such as surface or | ||||||
25 | groundwater, anticipated to be used for water | ||||||
26 | withdrawals, and the anticipated withdrawal location;
|
| |||||||
| |||||||
1 | (B) the anticipated volume and rate of each water | ||||||
2 | withdrawal from each withdrawal location; | ||||||
3 | (C) the anticipated months when water withdrawals | ||||||
4 | shall be made from each withdrawal location;
| ||||||
5 | (D) the methods to be used to minimize water | ||||||
6 | withdrawals as much as feasible; and
| ||||||
7 | (E) the methods to be used for surface water | ||||||
8 | withdrawals to minimize adverse impact to aquatic | ||||||
9 | life. | ||||||
10 | Where a surface water source is wholly contained within | ||||||
11 | a single property, and the owner of the property expressly | ||||||
12 | agrees in writing to its use for water withdrawals, the | ||||||
13 | applicant is not required to include this surface water | ||||||
14 | source in the fresh water withdrawal and management plan ; .
| ||||||
15 | (11) a plan for the handling, storage, transportation, | ||||||
16 | and disposal or reuse of hydraulic fracturing or fracturing | ||||||
17 | fluids and hydraulic fracturing or fracturing flowback. | ||||||
18 | The plan shall identify the specific Class II injection | ||||||
19 | well or wells that will be used to dispose of the hydraulic | ||||||
20 | fracturing or fracturing flowback. The plan shall describe | ||||||
21 | the capacity of the tanks to be used for the capture and | ||||||
22 | storage of flowback and of the lined reserve pit to be | ||||||
23 | used, if necessary, to temporarily store any flowback in | ||||||
24 | excess of the capacity of the tanks. Identification of the | ||||||
25 | Class II injection well or wells shall be by name, | ||||||
26 | identification number, and specific location and shall |
| |||||||
| |||||||
1 | include the date of the most recent mechanical integrity | ||||||
2 | test for each Class II injection well;
| ||||||
3 | (12) a well site safety plan to address proper safety | ||||||
4 | measures to be employed during high volume horizontal | ||||||
5 | hydraulic fracturing operations or horizontal drilling | ||||||
6 | with fracturing operations for the protection of persons on | ||||||
7 | the site as well as the general public. Within 15 calendar | ||||||
8 | days after submitting the permit application to the | ||||||
9 | Department, the applicant must provide a copy of the plan | ||||||
10 | to the county or counties in which hydraulic fracturing | ||||||
11 | operations or horizontal drilling with fracturing | ||||||
12 | operations will occur. Within 5 calendar days of its | ||||||
13 | receipt, the Department shall provide a copy of the well | ||||||
14 | site safety plan to the Office of the State Fire Marshal;
| ||||||
15 | (13) a containment plan describing the containment | ||||||
16 | practices and equipment to be used and the area of the well | ||||||
17 | site where containment systems will be employed, and within | ||||||
18 | 5 calendar days of its receipt, the Department shall | ||||||
19 | provide a copy of the containment plan to the Office of the | ||||||
20 | State Fire Marshal;
| ||||||
21 | (14) a casing and cementing plan that describes the | ||||||
22 | casing and cementing practices to be employed, including | ||||||
23 | the size of each string of pipe, the starting point, and | ||||||
24 | depth to which each string is to be set and the extent to | ||||||
25 | which each string is to be cemented;
| ||||||
26 | (15) a traffic management plan that identifies the |
| |||||||
| |||||||
1 | anticipated roads, streets, and highways that will be used | ||||||
2 | for access to and egress from the well site. The traffic | ||||||
3 | management plan will include a point of contact to discuss | ||||||
4 | issues related to traffic management. Within 15 calendar | ||||||
5 | days after submitting the permit application to the | ||||||
6 | Department, the applicant must provide a copy of the | ||||||
7 | traffic management plan to the county or counties in which | ||||||
8 | the well site is located, and within 5 calendar days of its | ||||||
9 | receipt, the Department shall provide a copy of the traffic | ||||||
10 | management plan to the Office of the State Fire Marshal;
| ||||||
11 | (16) the names and addresses of all owners of any real | ||||||
12 | property within 1,500 feet of the proposed well site, as | ||||||
13 | disclosed by the records in the office of the recorder of | ||||||
14 | the county or counties;
| ||||||
15 | (17) drafts of the specific public notice and general | ||||||
16 | public notice as required by Section 1-40 of this Act;
| ||||||
17 | (18) a statement that the well site at which the high | ||||||
18 | volume horizontal hydraulic fracturing operation or | ||||||
19 | horizontal drilling with fracturing operations will be | ||||||
20 | conducted will be restored in compliance with Section | ||||||
21 | 240.1181 of Title 62 of the Illinois Administrative Code | ||||||
22 | and Section 1-95 of this Act;
| ||||||
23 | (19) proof of insurance to cover injuries, damages, or | ||||||
24 | loss related to pollution in the amount of at least | ||||||
25 | $5,000,000; and
| ||||||
26 | (20) any other relevant information which the |
| |||||||
| |||||||
1 | Department may, by rule, require.
| ||||||
2 | (c) Where a permit an application is made to conduct high | ||||||
3 | volume horizontal fracturing operations or horizontal drilling | ||||||
4 | with fracturing operations at a well site located within the | ||||||
5 | limits of any city, county, village, or incorporated town, the | ||||||
6 | application shall state the name of the city, county, village, | ||||||
7 | or incorporated town and be accompanied with a certified copy | ||||||
8 | of the official consent for the location of the well site and | ||||||
9 | proposed fracturing operations within the jurisdiction of the | ||||||
10 | county board or governing body requested to sign the consent | ||||||
11 | hydraulic fracturing operations to occur from the municipal | ||||||
12 | authorities where the well site is proposed to be located . No | ||||||
13 | permit shall be issued unless consent is secured and filed with | ||||||
14 | the permit application. In the event that an amended location | ||||||
15 | is selected, the original permit shall not be valid unless a | ||||||
16 | new certified consent is filed for the amended location.
In | ||||||
17 | considering the request for consent, the county board or | ||||||
18 | governing body shall comply with the following: | ||||||
19 | (1) The county board or governing body shall approve or | ||||||
20 | deny the request for consent for local siting of a well | ||||||
21 | site and operations. The consent shall be requested from | ||||||
22 | the county board with the primary jurisdiction over the | ||||||
23 | land identified as the well site if the well site is not | ||||||
24 | proposed to be located within the limits of a city, | ||||||
25 | village, or incorporated town, or shall be requested from | ||||||
26 | the governing body of the city, village, or incorporated |
| |||||||
| |||||||
1 | town when the well site is proposed to be located within | ||||||
2 | the limits of a city, village, or incorporated town. | ||||||
3 | (2) The request for consent shall be sent by the | ||||||
4 | Department for a well site and fracturing operations to the | ||||||
5 | applicable county board or governing body by certified | ||||||
6 | mail. The receiving county board or governing body shall, | ||||||
7 | within 24 hours of receipt, make the request for consent | ||||||
8 | public by posting it in the customary public notice format | ||||||
9 | for the applicable county board or governing body with | ||||||
10 | instructions to the public regarding how public comment on | ||||||
11 | the request for approval or denial of the request for | ||||||
12 | consent of the well site and fracturing operations can be | ||||||
13 | registered. | ||||||
14 | (3) A public meeting regarding approval or denial of a | ||||||
15 | request for consent for a well site and fracturing | ||||||
16 | operations shall be scheduled for the next public meeting | ||||||
17 | or added to the agenda of a previously scheduled public | ||||||
18 | meeting held by the county board or governing body no | ||||||
19 | earlier than 10 business days after posting the public | ||||||
20 | notice of the meeting time and location. | ||||||
21 | (4) The county board or governing body considering any | ||||||
22 | request for consent for a well site and fracturing | ||||||
23 | operations to be located within its jurisdiction shall | ||||||
24 | consult with the Department about any and all specific | ||||||
25 | details pertaining to the permit application for that well | ||||||
26 | site. The Department shall provide the county board or |
| |||||||
| |||||||
1 | governing body with all available information about the | ||||||
2 | well site and fracturing operations including, but not | ||||||
3 | limited to, the proposed fracturing operations of the well | ||||||
4 | site, the history and expertise of the permit applicants, | ||||||
5 | and the risks and possible mitigation of those risks | ||||||
6 | relating to all issues encountered on the well site and | ||||||
7 | fracturing operations. | ||||||
8 | (5) The county board or governing body shall consult | ||||||
9 | with the Illinois State Water Survey and the Environmental | ||||||
10 | Protection Agency about the fresh water withdrawal and | ||||||
11 | management plan included in the permit application and any | ||||||
12 | risks and possible mitigation for pollution or diminution | ||||||
13 | of water resources. The Illinois State Water Survey and the | ||||||
14 | Environmental Protection Agency shall provide the county | ||||||
15 | board or governing body with all available information and | ||||||
16 | include a summary of the information for use by the county | ||||||
17 | board or governing body. | ||||||
18 | (6) The county board or governing body shall consult | ||||||
19 | with the Environmental Protection Agency about any risks | ||||||
20 | and possible mitigation for air pollution and water and | ||||||
21 | soil contamination on and around the well site, and any | ||||||
22 | soil and water contamination issues related to | ||||||
23 | transportation to and from the well site. The Environmental | ||||||
24 | Protection Agency shall provide the county board or | ||||||
25 | governing body with all available information and include a | ||||||
26 | summary of the information for use by the county board or |
| |||||||
| |||||||
1 | governing body. | ||||||
2 | (7) The county board or governing body shall consult | ||||||
3 | with Illinois Emergency Management Agency, the Illinois | ||||||
4 | Department of Transportation, the Department of State | ||||||
5 | Police, and the Illinois Fire Marshal about the risks and | ||||||
6 | possible mitigation of accidents, damage to property, | ||||||
7 | personal injury, transportation to and from the well site, | ||||||
8 | natural disasters, and criminal acts that may affect the | ||||||
9 | operations described on the permit application for the well | ||||||
10 | site and fracturing operations. The Illinois Emergency | ||||||
11 | Management Agency, the Illinois Department of | ||||||
12 | Transportation, the Department of State Police, and the | ||||||
13 | Illinois Fire Marshal shall provide the county board or | ||||||
14 | governing body with all available information and include a | ||||||
15 | summary of the information for use by the county board or | ||||||
16 | governing body. | ||||||
17 | (8) The county board or governing body shall consult | ||||||
18 | with the Department of Public Health about any public | ||||||
19 | health risks and possible mitigation that might occur with | ||||||
20 | the well site and the well site operations, with particular | ||||||
21 | attention to the public health risks to pregnant women, | ||||||
22 | infants and children, the disabled, the hearing and sight | ||||||
23 | impaired, and persons with cardiovascular disease or | ||||||
24 | respiratory disease. The Department of Public Health shall | ||||||
25 | provide the county board or governing body with all | ||||||
26 | available information and include a summary of the |
| |||||||
| |||||||
1 | information for use by the county board or governing body. | ||||||
2 | (9) The county board or governing body shall consult | ||||||
3 | with the Department and Illinois State Geological Survey | ||||||
4 | about the risks and possible mitigation of induced | ||||||
5 | seismicity from the well site, including Class II injection | ||||||
6 | wells that the applicant has indicated on the application. | ||||||
7 | The Department and the Illinois State Geological Survey | ||||||
8 | shall provide the county board or governing body with all | ||||||
9 | available information and include a summary of the | ||||||
10 | information for use by the county board or governing body. | ||||||
11 | (10) All of the consultations listed in items (5) | ||||||
12 | through (9) shall be conducted by the county board or | ||||||
13 | governing body prior to approving or denying the request | ||||||
14 | for consent for a well site and fracturing operations and | ||||||
15 | prior to the public meeting regarding the approval or | ||||||
16 | denial of the request for consent for the well site and | ||||||
17 | fracturing operations in its jurisdiction. A summary of | ||||||
18 | these consultations shall be prepared by the county board | ||||||
19 | or governing body and be made public as soon as convenient | ||||||
20 | through the customary public notice format for the county | ||||||
21 | board or governing body. The summary of the consultation | ||||||
22 | with the Department and each State agency under this | ||||||
23 | Section shall be made available to the public by the county | ||||||
24 | board or governing body at the public meeting regarding the | ||||||
25 | approval or denial of the request for consent of the well | ||||||
26 | site and fracturing operations. |
| |||||||
| |||||||
1 | (11) If the county board or the governing body | ||||||
2 | determines that further consultations, public meetings, | ||||||
3 | public hearings, expert testimony, site visits, research, | ||||||
4 | and deliberations are necessary, it shall schedule and | ||||||
5 | conduct any and all investigations according to all | ||||||
6 | applicable State and local laws and ordinances. No deadline | ||||||
7 | is imposed upon the approval or denial of the request for | ||||||
8 | consent for a well site and fracturing operations. | ||||||
9 | (12) The county board or governing body shall develop a | ||||||
10 | method of timely notification to the public and interested | ||||||
11 | residents in the local jurisdiction about further details | ||||||
12 | and announcements pertaining to the well site and | ||||||
13 | fracturing operations, including any notifications of: (A) | ||||||
14 | approval or denial of the request for consent, (B) further | ||||||
15 | local investigations, studies, expert opinions and | ||||||
16 | consultations; (C) accidents, blow outs, fires, incidents, | ||||||
17 | violations, fines, public health notices, noise alerts, | ||||||
18 | traffic pattern alerts, traffic accidents, crime alerts, | ||||||
19 | and emergency planning, and (D) notices about water | ||||||
20 | contamination, diminution, air pollution, and induced | ||||||
21 | seismicity and radioactivity levels. This information | ||||||
22 | shall be posted on the Internet website of the county board | ||||||
23 | or governing body and shall clearly state that it relates | ||||||
24 | to the well site and fracturing operations. | ||||||
25 | (13) The county board or governing body that is | ||||||
26 | considering the approval or denial of a request for consent |
| |||||||
| |||||||
1 | for a well site and fracturing operations within its | ||||||
2 | jurisdiction shall deliberate on all of the information | ||||||
3 | provided to it from each of the State agencies and shall | ||||||
4 | determine the following: | ||||||
5 | (A) whether the well site and the well site | ||||||
6 | operations are located and proposed to be operated in a | ||||||
7 | way that maximizes the protection of the public health, | ||||||
8 | safety, and welfare; | ||||||
9 | (B) whether the well site and fracturing | ||||||
10 | operations are located and proposed to be operated in a | ||||||
11 | way that ensures reasonable safety for domesticated | ||||||
12 | animals, livestock, and wildlife in the locality; | ||||||
13 | (C) whether the well site and fracturing | ||||||
14 | operations are located and proposed in a way that | ||||||
15 | minimizes incompatibility with the character of the | ||||||
16 | surrounding area, minimizes the effect on the value of | ||||||
17 | the surrounding property, and whether local zoning | ||||||
18 | ordinances and special use permits have been | ||||||
19 | considered; | ||||||
20 | (D) whether the well site and fracturing | ||||||
21 | operations are located and proposed to be operated | ||||||
22 | outside the boundary of the 100 year flood plain; | ||||||
23 | (E) whether the well site and fracturing | ||||||
24 | operations are located and proposed to be operated in a | ||||||
25 | way that minimizes the danger to the surrounding area | ||||||
26 | from fire, spills, blowouts, traffic accidents, |
| |||||||
| |||||||
1 | induced seismicity, radioactivity exposure, excessive | ||||||
2 | and dangerous noise levels, light pollution, water | ||||||
3 | contamination, or other operational accidents; | ||||||
4 | (F) whether the well site and fracturing | ||||||
5 | operations are located and proposed to be operated in a | ||||||
6 | way that ensures that traffic patterns to or from the | ||||||
7 | well site are designed to minimize the impact on | ||||||
8 | existing traffic flows; and | ||||||
9 | (G) whether the well site and fracturing | ||||||
10 | operations are located and proposed to be operated in a | ||||||
11 | way that ensures that the treating, storing, | ||||||
12 | transporting or disposing of TENORM, low level | ||||||
13 | radioactive waste, hazardous waste, and chemical | ||||||
14 | spillage is in compliance with all State and local laws | ||||||
15 | and that an emergency response plan exists for the well | ||||||
16 | site and fracturing operations which includes | ||||||
17 | notification, containment, and evacuation procedures | ||||||
18 | to be used in case of an accidental release. | ||||||
19 | (14) The county board or the governing body of the | ||||||
20 | city, village, or incorporated town shall also consider as | ||||||
21 | evidence the previous operating experience and past record | ||||||
22 | of convictions or admissions of violations of the applicant | ||||||
23 | for the permit for a well site, and any subsidiary or | ||||||
24 | parent corporation, in the field of high volume hydraulic | ||||||
25 | fracturing or horizontal drilling with fracturing | ||||||
26 | operations. |
| |||||||
| |||||||
1 | (15) A county board or governing body may conduct a | ||||||
2 | siting review under this Section and charge the applicant a | ||||||
3 | reasonable fee for the reasonable and necessary costs | ||||||
4 | incurred by the county board, city, village, or | ||||||
5 | incorporated town in the siting review process. | ||||||
6 | (16) A county board or governing body may request the | ||||||
7 | Illinois Department of Transportation to perform traffic | ||||||
8 | impact studies of the proposed well site and fracturing | ||||||
9 | operations. | ||||||
10 | (17) An applicant may not file a request for consent | ||||||
11 | for a well site and fracturing operations which is | ||||||
12 | substantially the same as a request that was denied within | ||||||
13 | the preceding 2 years. | ||||||
14 | (18) Any county board or governing body shall, within 7 | ||||||
15 | business days before approving or denying a request for | ||||||
16 | consent for a well site and fracturing operations to be | ||||||
17 | located within their jurisdictions, make available a | ||||||
18 | summary report in the customary public notice format with | ||||||
19 | instructions to the public regarding submission of final | ||||||
20 | public comment on the approval or denial of the request for | ||||||
21 | consent, including summaries of the siting plans for the | ||||||
22 | well as described in the permit application, the fresh | ||||||
23 | water withdrawal and management plan, the waste management | ||||||
24 | plans, the traffic plans and anticipated routes, plans for | ||||||
25 | emergency management of accidents, fires, blowouts, or | ||||||
26 | chemical spills, feedback and concerns from the public, and |
| |||||||
| |||||||
1 | any information obtained from the consultations with the | ||||||
2 | Department and other State agencies. The report shall | ||||||
3 | include the reasons that the county board or governing body | ||||||
4 | is considering approval or denial of the request to consent | ||||||
5 | to the well site and fracturing operations. | ||||||
6 | (19) If approved, a signed certified consent | ||||||
7 | authorized by the county board or governing body shall be | ||||||
8 | sent to the Department by certified mail to be included in | ||||||
9 | the permit application. No permit shall be issued unless | ||||||
10 | the certified signed consent is secured and filed with the | ||||||
11 | permit application. | ||||||
12 | (20) Once a permit is issued, the county board or | ||||||
13 | governing body shall consult with the Department and local | ||||||
14 | emergency personnel, including the Department of State | ||||||
15 | Police, once every 4 months regarding the progress of the | ||||||
16 | application and fracturing operations at the well site, any | ||||||
17 | ongoing emergency or traffic management issues, ongoing | ||||||
18 | public health issues, and any ongoing production issues | ||||||
19 | until production has ended at that well site and the site | ||||||
20 | has been remediated and the well has been capped. The | ||||||
21 | county board or governing body shall update its Internet | ||||||
22 | website or otherwise inform the public regarding these | ||||||
23 | updates about the well site, fracturing operations, and | ||||||
24 | production operations every 6 months. | ||||||
25 | (21) In the event that an amended location is selected, | ||||||
26 | the original permit and certified signed consent shall be |
| |||||||
| |||||||
1 | invalid. A new certified consent, including compliance | ||||||
2 | with all provisions of this Section, shall be filed for the | ||||||
3 | amended location. | ||||||
4 | (d) The hydraulic fracturing or horizontal drilling with | ||||||
5 | fracturing operations permit application shall be accompanied | ||||||
6 | by a bond as required by subsection (a) of Section 1-65 of this | ||||||
7 | Act.
| ||||||
8 | (e) Each application for a permit under this Act shall | ||||||
9 | include payment of a non-refundable fee of $13,500. Of this | ||||||
10 | fee, $11,000 shall be deposited into the Mines and Minerals | ||||||
11 | Regulatory Fund for the Department to use to administer and | ||||||
12 | enforce this Act and otherwise support the operations and | ||||||
13 | programs of the Office of Mines and Minerals. The remaining | ||||||
14 | $2,500 shall be deposited into the Illinois Clean Water Fund | ||||||
15 | for the Agency to use to carry out its functions under this | ||||||
16 | Act. The Department shall not initiate its review of the permit | ||||||
17 | application until the applicable fee under this subsection (e) | ||||||
18 | has been submitted to and received by the Department.
| ||||||
19 | (f) Each application submitted under this Act shall be | ||||||
20 | signed, under the penalty of perjury, by the applicant or the | ||||||
21 | applicant's designee who has been vested with the authority to | ||||||
22 | act on behalf of the applicant and has direct knowledge of the | ||||||
23 | information contained in the application and its attachments. | ||||||
24 | Any person signing an application shall also sign an affidavit | ||||||
25 | with the following certification:
| ||||||
26 | "I certify, under penalty of perjury as provided by law |
| |||||||
| |||||||
1 | and under penalty of refusal, suspension, or revocation of | ||||||
2 | a high volume horizontal hydraulic fracturing or | ||||||
3 | horizontal drilling with fracturing permit, that this | ||||||
4 | application and all attachments are true, accurate, and | ||||||
5 | complete to the best of my knowledge.".
| ||||||
6 | (g) The permit application shall be submitted to the | ||||||
7 | Department in both electronic and hard copy format. The | ||||||
8 | electronic format shall be searchable.
| ||||||
9 | (h) The application for a high volume horizontal hydraulic | ||||||
10 | fracturing or horizontal drilling with fracturing permit may be | ||||||
11 | submitted as a combined permit application with the operator's | ||||||
12 | application to drill on a form as the Department shall | ||||||
13 | prescribe. The combined application must include the | ||||||
14 | information required in this Section. If the operator elects to | ||||||
15 | submit a combined permit application, information required by | ||||||
16 | this Section that is duplicative of information required for an | ||||||
17 | application to drill is only required to be provided once as | ||||||
18 | part of the combined application. The submission of a combined | ||||||
19 | permit application under this subsection shall not be | ||||||
20 | interpreted to relieve the applicant or the Department from | ||||||
21 | complying with the requirements of this Act or the Illinois Oil | ||||||
22 | and Gas Act.
| ||||||
23 | (i) Upon receipt of a permit application, the Department | ||||||
24 | shall have no more than 60 calendar days from the date it | ||||||
25 | receives the permit application to approve, with any conditions | ||||||
26 | the Department may find necessary, or reject the application |
| |||||||
| |||||||
1 | for the high volume horizontal hydraulic fracturing or | ||||||
2 | horizontal drilling with fracturing permit. The applicant may | ||||||
3 | waive, in writing, the 60-day deadline upon its own initiative | ||||||
4 | or in response to a request by the Department.
| ||||||
5 | (j) If at any time during the review period the Department | ||||||
6 | determines that the permit application is not complete under | ||||||
7 | this Act, does not meet the requirements of this Section, or | ||||||
8 | requires additional information, the Department shall notify | ||||||
9 | the applicant in writing of the application's deficiencies and | ||||||
10 | allow the applicant to correct the deficiencies and provide the | ||||||
11 | Department any information requested to complete the | ||||||
12 | application. If the applicant fails to provide adequate | ||||||
13 | supplemental information within the review period, the | ||||||
14 | Department may reject the application.
| ||||||
15 | (Source: P.A. 98-22, eff. 6-17-13; revised 11-12-13.)
| ||||||
16 | (225 ILCS 732/1-40)
| ||||||
17 | Sec. 1-40. Public notice. | ||||||
18 | (a) Within 5 calendar days after the Department's receipt | ||||||
19 | of the completed high volume horizontal hydraulic fracturing or | ||||||
20 | horizontal drilling with fracturing application, the | ||||||
21 | Department shall post notice of its receipt and a copy of the | ||||||
22 | permit application on its website. The notice shall include the | ||||||
23 | dates of the public comment period and directions for | ||||||
24 | interested parties to submit comments.
| ||||||
25 | (b) Within 5 calendar days after the Department's receipt |
| |||||||
| |||||||
1 | of the completed permit application and notice to the applicant | ||||||
2 | that the high volume horizontal hydraulic fracturing or | ||||||
3 | horizontal drilling with fracturing permit application was | ||||||
4 | received, the Department shall provide the Agency, the Office | ||||||
5 | of the State Fire Marshal, Illinois State Water Survey, the | ||||||
6 | Department of Public Health, the Illinois Emergency Management | ||||||
7 | Agency, and Illinois State Geological Survey with notice of the | ||||||
8 | application.
| ||||||
9 | (c) The applicant shall provide the following public | ||||||
10 | notice: | ||||||
11 | (1) Applicants shall mail specific public notice by | ||||||
12 | U.S. Postal Service certified mail, return receipt | ||||||
13 | requested, within 3 calendar days after submittal of the | ||||||
14 | completed high volume horizontal hydraulic fracturing or | ||||||
15 | horizontal drilling with fracturing permit application to | ||||||
16 | the Department, to all persons identified as owners of real | ||||||
17 | property within 1,500 feet of the proposed well site, as | ||||||
18 | disclosed by the records in the office of the recorder of | ||||||
19 | the county or counties, and to each municipality and county | ||||||
20 | in which the well site is proposed to be located.
| ||||||
21 | (2) Except as otherwise provided in this paragraph (2) | ||||||
22 | of subsection (c), applicants shall provide general public | ||||||
23 | notice by publication, once each week for 2 consecutive | ||||||
24 | weeks, beginning no later than 3 calendar days after | ||||||
25 | submittal of the completed high volume horizontal | ||||||
26 | hydraulic fracturing or horizontal drilling with |
| |||||||
| |||||||
1 | fracturing permit application to the Department, in a | ||||||
2 | newspaper of general circulation published in each county | ||||||
3 | where the well proposed for high volume hydraulic | ||||||
4 | fracturing operations or horizontal drilling with | ||||||
5 | fracturing operations is proposed to be located.
| ||||||
6 | If a well is proposed for high volume hydraulic | ||||||
7 | fracturing operations or horizontal drilling with | ||||||
8 | fracturing operations in a county where there is no daily | ||||||
9 | newspaper of general circulation, applicant shall provide | ||||||
10 | general public notice, by publication, once each week for 2 | ||||||
11 | consecutive weeks, in a weekly newspaper of general | ||||||
12 | circulation in that county beginning as soon as the | ||||||
13 | publication schedule of the weekly newspaper permits, but | ||||||
14 | in no case later than 10 days after submittal of the | ||||||
15 | completed high volume hydraulic fracturing or horizontal | ||||||
16 | drilling with fracturing permit application to the | ||||||
17 | Department. | ||||||
18 | (3) The specific and general public notices required | ||||||
19 | under this subsection shall contain the following | ||||||
20 | information:
| ||||||
21 | (A) the name and address of the applicant;
| ||||||
22 | (B) the date the application for a completed high | ||||||
23 | volume horizontal hydraulic fracturing or horizontal | ||||||
24 | drilling with fracturing permit was filed;
| ||||||
25 | (C) the dates for the public comment period and a | ||||||
26 | statement that anyone may file written comments about |
| |||||||
| |||||||
1 | any portion of the applicant's submitted completed | ||||||
2 | high volume horizontal hydraulic fracturing or | ||||||
3 | horizontal drilling with fracturing permit application | ||||||
4 | with the Department during the public comment period;
| ||||||
5 | (D) the proposed well name, reference number | ||||||
6 | assigned by the Department, and the address and legal | ||||||
7 | description of the well site and its unit area;
| ||||||
8 | (E) a statement that the information filed by the | ||||||
9 | applicant in their application for a completed high | ||||||
10 | volume horizontal hydraulic fracturing or horizontal | ||||||
11 | drilling with fracturing permit is available from the | ||||||
12 | Department through its website;
| ||||||
13 | (F) the Department's website and the address and | ||||||
14 | telephone number for the Department's Oil and Gas | ||||||
15 | Division;
| ||||||
16 | (G) a statement that any person having an interest | ||||||
17 | that is or may be adversely affected, any government | ||||||
18 | agency that is or may be affected, or the county board | ||||||
19 | of a county to be affected under a proposed permit, may | ||||||
20 | file written objections to a permit application and may | ||||||
21 | request a public hearing.
| ||||||
22 | (d) After providing the public notice as required under | ||||||
23 | paragraph (2) of subsection (c) of this Section, the applicant | ||||||
24 | shall supplement its permit application by providing the | ||||||
25 | Department with a certification and documentation that the | ||||||
26 | applicant fulfilled the public notice requirements of this |
| |||||||
| |||||||
1 | Section. The Department shall not issue a permit until the | ||||||
2 | applicant has provided the supplemental material required | ||||||
3 | under this subsection.
| ||||||
4 | (e) If multiple applications are submitted at the same time | ||||||
5 | for wells located on the same well site, the applicant may use | ||||||
6 | one public notice for all applications provided the notice is | ||||||
7 | clear that it pertains to multiple applications and conforms to | ||||||
8 | the requirements of this Section. Notice shall not constitute | ||||||
9 | standing for purposes of requesting a public hearing or for | ||||||
10 | standing to appeal the decision of the Department in accordance | ||||||
11 | with the Administrative Review Law.
| ||||||
12 | (Source: P.A. 98-22, eff. 6-17-13.)
| ||||||
13 | (225 ILCS 732/1-45)
| ||||||
14 | Sec. 1-45. Public comment periods. | ||||||
15 | (a) The public comment period shall begin 7 calendar days | ||||||
16 | after the Department's receipt of the completed permit | ||||||
17 | application with any and all required information officially | ||||||
18 | submitted to the Department. The public comment period shall | ||||||
19 | and last for 60 30 calendar days.
| ||||||
20 | (b) Where a public hearing is conducted under Section 1-50 | ||||||
21 | of this Act, the Department shall may provide for an additional | ||||||
22 | public comment period of 20 15 days as necessary to allow for | ||||||
23 | comments in response to evidence and testimony presented at the | ||||||
24 | hearing. The additional public comment period shall be added to | ||||||
25 | the original 60-day public comment period for a total of 80 |
| |||||||
| |||||||
1 | days begin on the day after the public hearing .
| ||||||
2 | (c) During any public comment period, any person may file | ||||||
3 | written comments to the Department concerning any portion of | ||||||
4 | the permit application and any issue relating to the | ||||||
5 | applicant's compliance with the requirements of the Act and any | ||||||
6 | other applicable laws.
| ||||||
7 | (d) The Department shall may request that the applicant | ||||||
8 | respond to any documented substantive public comments obtained | ||||||
9 | during the public comment period.
| ||||||
10 | (Source: P.A. 98-22, eff. 6-17-13.)
| ||||||
11 | (225 ILCS 732/1-50)
| ||||||
12 | Sec. 1-50. High volume horizontal hydraulic fracturing or | ||||||
13 | horizontal drilling with fracturing operations permit; | ||||||
14 | hearing. | ||||||
15 | (a) When a permit application is submitted to conduct high | ||||||
16 | volume horizontal hydraulic fracturing operations or | ||||||
17 | horizontal drilling with fracturing operations for the first | ||||||
18 | time at a particular well site, any person having an interest | ||||||
19 | that is or may be adversely affected, any government agency | ||||||
20 | that is or may be affected, or the county board of a county to | ||||||
21 | be affected under a proposed permit, may file written | ||||||
22 | objections to the permit application and may request a public | ||||||
23 | hearing during the public comment period established under | ||||||
24 | subsection (a) of Section 1-45 of this Act. The request for | ||||||
25 | hearing shall contain a short and plain statement identifying |
| |||||||
| |||||||
1 | the person and stating facts demonstrating that the person has | ||||||
2 | an interest that is or may be adversely affected. The | ||||||
3 | Department shall hold a public hearing upon a request under | ||||||
4 | this subsection, unless the request is determined by the | ||||||
5 | Department to lack any adequate factual statement that the | ||||||
6 | person is or may be adversely affected (i) lack an adequate | ||||||
7 | factual statement that the person is or may be adversely | ||||||
8 | affected or (ii) be frivolous .
| ||||||
9 | (b) Prior to the commencement of a public hearing under | ||||||
10 | this Section, any person who could have requested the hearing | ||||||
11 | under subsection (a) of this Section may petition the | ||||||
12 | Department to participate in the hearing in the same manner as | ||||||
13 | the party requesting the hearing. The petition shall contain a | ||||||
14 | short and plain statement identifying the petitioner and | ||||||
15 | stating facts demonstrating that the petitioner is a person | ||||||
16 | having an interest that is or may be adversely affected. The | ||||||
17 | petitioner shall serve the petition upon the Department. Unless | ||||||
18 | the Department determines that the petition is frivolous, or | ||||||
19 | that the petitioner has failed to allege facts in support of an | ||||||
20 | interest that is or may be adversely affected, the petitioner | ||||||
21 | shall be allowed to participate in the hearing in the same | ||||||
22 | manner as the party requesting the hearing.
The petitioner, if | ||||||
23 | denied participation in the hearing, may appeal the decision to | ||||||
24 | the Director and receive a written response. | ||||||
25 | (c) The public hearing to be conducted under this Section | ||||||
26 | shall comply with the contested case requirements of the |
| |||||||
| |||||||
1 | Illinois Administrative Procedure Act. The Department shall | ||||||
2 | establish rules and procedures to determine whether any request | ||||||
3 | for a public hearing may be granted in accordance with | ||||||
4 | subsection (a) of this Section, and for the notice and conduct | ||||||
5 | of the public hearing. These procedural rules shall include | ||||||
6 | provisions for reasonable notice to (i) the public and (ii) all | ||||||
7 | parties to the proceeding, which include the applicant, the | ||||||
8 | persons requesting the hearing, and the persons granted the | ||||||
9 | right to participate in the hearing pursuant to subsection (b) | ||||||
10 | of this Section, for the qualifications, powers, and | ||||||
11 | obligations of the hearing officer, and for reasonable | ||||||
12 | opportunity for all the parties to provide evidence and | ||||||
13 | argument, to respond by oral or written testimony to statements | ||||||
14 | and objections made at the public hearing, and for reasonable | ||||||
15 | cross-examination of witnesses. County boards , governing | ||||||
16 | bodies of municipalities, villages, and incorporated towns, | ||||||
17 | and the public may present their written objections or | ||||||
18 | recommendations at the public hearing. A complete record of the | ||||||
19 | hearings and all testimony shall be made by the Department and | ||||||
20 | recorded stenographically or electronically. The complete | ||||||
21 | record shall be maintained and shall be accessible to the | ||||||
22 | public on the Department's website until final release of the | ||||||
23 | applicant's performance bond.
| ||||||
24 | (d) At least 21 10 calendar days before the date of the | ||||||
25 | public hearing, the Department shall publish notice of the | ||||||
26 | public hearing in a newspaper of general circulation published |
| |||||||
| |||||||
1 | in the county where the proposed well site will be located.
| ||||||
2 | (Source: P.A. 98-22, eff. 6-17-13.)
|