Bill Text: IL SB3326 | 2013-2014 | 98th General Assembly | Introduced

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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

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98TH GENERAL ASSEMBLY State of Illinois 2013 and 2014 SB3326 Introduced 2/14/2014, by Sen. Ira I. Silverstein SYNOPSIS AS INTRODUCED:
225 ILCS 732/1-35
225 ILCS 732/1-40
225 ILCS 732/1-45
225 ILCS 732/1-50
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.
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FISCAL NOTE ACT MAY APPLY STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
A BILL FOR
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AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Hydraulic Fracturing Regulatory Act is
amended by changing Sections 1-35, 1-40, 1-45, and 1-50 as
follows:
(225 ILCS 732/1-35)
Sec. 1-35. High volume horizontal hydraulic fracturing and
horizontal drilling with fracturing operations permit
application.
(a) Every applicant for a permit under this Act shall first
register with the Department at least 30 days before applying
for a permit. The Department shall make available a
registration form within 90 days after the effective date of
this Act. The registration form shall require the following
information:
(1) the name and address of the registrant and any
parent, subsidiary, or affiliate thereof;
(2) disclosure of all findings of a serious violation
or an equivalent violation under federal or state laws or
regulations in the development or operation of an oil or
gas exploration or production site via hydraulic
fracturing or horizontal drilling with fracturing by the

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applicant or any parent, subsidiary, or affiliate thereof
within the previous 5 years; and
(3) proof of insurance to cover injuries, damages, or
loss related to pollution or diminution in the amount of at
least $5,000,000, from an insurance carrier authorized,
licensed, or permitted to do this insurance business in
this State that holds at least an A- rating by A.M. Best &
Co. or any comparable rating service.
A registrant must notify the Department of any change in
the information identified in paragraphs (1), (2), or (3) of
this subsection (a) at least annually or upon request of the
Department.
(b) Every applicant for a permit under this Act must submit
the following information to the Department on an application
form provided by the Department:
(1) the name and address of the applicant and any
parent, subsidiary, or affiliate thereof;
(2) the proposed well name and address and legal
description of the well site and its unit area;
(3) a statement whether the proposed location of the
well site is in compliance with the requirements of Section
1-25 of this Act and a plat, which shows the proposed
surface location of the well site, providing the distance
in feet, from the surface location of the well site to the
features described in subsection (a) of Section 1-25 of
this Act;

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(4) a detailed description of the proposed well to be
used for the high volume horizontal hydraulic fracturing
operations or horizontal drilling with fracturing
operations including, but not limited to, the following
information:
(A) the approximate total depth to which the well
is to be drilled or deepened;
(B) the proposed angle and direction of the well;
(C) the actual depth or the approximate depth at
which the well to be drilled deviates from vertical;
(D) the angle and direction of any nonvertical
portion of the wellbore until the well reaches its
total target depth or its actual final depth; and
(E) the estimated length and direction of the
proposed horizontal lateral or wellbore;
(5) the estimated depth and elevation, according to the
most recent publication of the Illinois State Geological
Survey of Groundwater for the location of the well, of the
lowest potential fresh water along the entire length of the
proposed wellbore;
(6) a detailed description of the proposed high volume
horizontal hydraulic fracturing operations or horizontal
drilling with fracturing operations, including, but not
limited to, the following:
(A) the formation affected by the high volume
horizontal hydraulic fracturing operations or

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horizontal drilling with fracturing operations,
including, but not limited to, geologic name and
geologic description of the formation that will be
stimulated by the operation;
(B) the anticipated surface treating pressure
range;
(C) the maximum anticipated injection treating
pressure;
(D) the estimated or calculated fracture pressure
of the producing and confining zones; and
(E) the planned depth of all proposed perforations
or depth to the top of the open hole section;
(7) a plat showing all known previous wellbores well
bores within 1,500 750 feet of any part of the horizontal
wellbore well bore that penetrated within 400 vertical feet
of the formation that will be stimulated as part of the
high volume horizontal hydraulic fracturing operations or
horizontal drilling with fracturing operations;
(8) unless the applicant documents why the information
is not available at the time the application is submitted,
a chemical disclosure report identifying each chemical and
proppant anticipated to be used in hydraulic fracturing or
fracturing fluid for each stage of the hydraulic fracturing
operations or horizontal drilling with fracturing
operations including the following:
(A) the total volume of water anticipated to be

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used in the hydraulic fracturing or fracturing
treatment of the well or the type and total volume of
the base fluid anticipated to be used in the hydraulic
fracturing or fracturing treatment, if something other
than water;
(B) each hydraulic fracturing or fracturing
additive anticipated to be used in the hydraulic
fracturing or fracturing fluid, including the trade
name, vendor, a brief descriptor of the intended use or
function of each hydraulic fracturing or fracturing
additive, and the Material Safety Data Sheet (MSDS), if
applicable;
(C) each chemical anticipated to be intentionally
added to the base fluid, including for each chemical,
the Chemical Abstracts Service number, if applicable;
and
(D) the anticipated concentration in the base
fluid, in percent by mass, of each chemical to be
intentionally added to the base fluid;
(9) a certification of compliance with the Water Use
Act of 1983 and applicable regional water supply plans;
(10) a fresh water withdrawal and management plan that
shall include the following information:
(A) the source of the water, such as surface or
groundwater, anticipated to be used for water
withdrawals, and the anticipated withdrawal location;

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(B) the anticipated volume and rate of each water
withdrawal from each withdrawal location;
(C) the anticipated months when water withdrawals
shall be made from each withdrawal location;
(D) the methods to be used to minimize water
withdrawals as much as feasible; and
(E) the methods to be used for surface water
withdrawals to minimize adverse impact to aquatic
life.
Where a surface water source is wholly contained within
a single property, and the owner of the property expressly
agrees in writing to its use for water withdrawals, the
applicant is not required to include this surface water
source in the fresh water withdrawal and management plan; .
(11) a plan for the handling, storage, transportation,
and disposal or reuse of hydraulic fracturing or fracturing
fluids and hydraulic fracturing or fracturing flowback.
The plan shall identify the specific Class II injection
well or wells that will be used to dispose of the hydraulic
fracturing or fracturing flowback. The plan shall describe
the capacity of the tanks to be used for the capture and
storage of flowback and of the lined reserve pit to be
used, if necessary, to temporarily store any flowback in
excess of the capacity of the tanks. Identification of the
Class II injection well or wells shall be by name,
identification number, and specific location and shall

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include the date of the most recent mechanical integrity
test for each Class II injection well;
(12) a well site safety plan to address proper safety
measures to be employed during high volume horizontal
hydraulic fracturing operations or horizontal drilling
with fracturing operations for the protection of persons on
the site as well as the general public. Within 15 calendar
days after submitting the permit application to the
Department, the applicant must provide a copy of the plan
to the county or counties in which hydraulic fracturing
operations or horizontal drilling with fracturing
operations will occur. Within 5 calendar days of its
receipt, the Department shall provide a copy of the well
site safety plan to the Office of the State Fire Marshal;
(13) a containment plan describing the containment
practices and equipment to be used and the area of the well
site where containment systems will be employed, and within
5 calendar days of its receipt, the Department shall
provide a copy of the containment plan to the Office of the
State Fire Marshal;
(14) a casing and cementing plan that describes the
casing and cementing practices to be employed, including
the size of each string of pipe, the starting point, and
depth to which each string is to be set and the extent to
which each string is to be cemented;
(15) a traffic management plan that identifies the

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anticipated roads, streets, and highways that will be used
for access to and egress from the well site. The traffic
management plan will include a point of contact to discuss
issues related to traffic management. Within 15 calendar
days after submitting the permit application to the
Department, the applicant must provide a copy of the
traffic management plan to the county or counties in which
the well site is located, and within 5 calendar days of its
receipt, the Department shall provide a copy of the traffic
management plan to the Office of the State Fire Marshal;
(16) the names and addresses of all owners of any real
property within 1,500 feet of the proposed well site, as
disclosed by the records in the office of the recorder of
the county or counties;
(17) drafts of the specific public notice and general
public notice as required by Section 1-40 of this Act;
(18) a statement that the well site at which the high
volume horizontal hydraulic fracturing operation or
horizontal drilling with fracturing operations will be
conducted will be restored in compliance with Section
240.1181 of Title 62 of the Illinois Administrative Code
and Section 1-95 of this Act;
(19) proof of insurance to cover injuries, damages, or
loss related to pollution in the amount of at least
$5,000,000; and
(20) any other relevant information which the

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Department may, by rule, require.
(c) Where a permit an application is made to conduct high
volume horizontal fracturing operations or horizontal drilling
with fracturing operations at a well site located within the
limits of any city, county, village, or incorporated town, the
application shall state the name of the city, county, village,
or incorporated town and be accompanied with a certified copy
of the official consent for the location of the well site and
proposed fracturing operations within the jurisdiction of the
county board or governing body requested to sign the consent
hydraulic fracturing operations to occur from the municipal
authorities where the well site is proposed to be located. No
permit shall be issued unless consent is secured and filed with
the permit application. In the event that an amended location
is selected, the original permit shall not be valid unless a
new certified consent is filed for the amended location. In
considering the request for consent, the county board or
governing body shall comply with the following:
(1) The county board or governing body shall approve or
deny the request for consent for local siting of a well
site and operations. The consent shall be requested from
the county board with the primary jurisdiction over the
land identified as the well site if the well site is not
proposed to be located within the limits of a city,
village, or incorporated town, or shall be requested from
the governing body of the city, village, or incorporated

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town when the well site is proposed to be located within
the limits of a city, village, or incorporated town.
(2) The request for consent shall be sent by the
Department for a well site and fracturing operations to the
applicable county board or governing body by certified
mail. The receiving county board or governing body shall,
within 24 hours of receipt, make the request for consent
public by posting it in the customary public notice format
for the applicable county board or governing body with
instructions to the public regarding how public comment on
the request for approval or denial of the request for
consent of the well site and fracturing operations can be
registered.
(3) A public meeting regarding approval or denial of a
request for consent for a well site and fracturing
operations shall be scheduled for the next public meeting
or added to the agenda of a previously scheduled public
meeting held by the county board or governing body no
earlier than 10 business days after posting the public
notice of the meeting time and location.
(4) The county board or governing body considering any
request for consent for a well site and fracturing
operations to be located within its jurisdiction shall
consult with the Department about any and all specific
details pertaining to the permit application for that well
site. The Department shall provide the county board or

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governing body with all available information about the
well site and fracturing operations including, but not
limited to, the proposed fracturing operations of the well
site, the history and expertise of the permit applicants,
and the risks and possible mitigation of those risks
relating to all issues encountered on the well site and
fracturing operations.
(5) The county board or governing body shall consult
with the Illinois State Water Survey and the Environmental
Protection Agency about the fresh water withdrawal and
management plan included in the permit application and any
risks and possible mitigation for pollution or diminution
of water resources. The Illinois State Water Survey and the
Environmental Protection Agency shall provide the county
board or governing body with all available information and
include a summary of the information for use by the county
board or governing body.
(6) The county board or governing body shall consult
with the Environmental Protection Agency about any risks
and possible mitigation for air pollution and water and
soil contamination on and around the well site, and any
soil and water contamination issues related to
transportation to and from the well site. The Environmental
Protection Agency shall provide the county board or
governing body with all available information and include a
summary of the information for use by the county board or

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governing body.
(7) The county board or governing body shall consult
with Illinois Emergency Management Agency, the Illinois
Department of Transportation, the Department of State
Police, and the Illinois Fire Marshal about the risks and
possible mitigation of accidents, damage to property,
personal injury, transportation to and from the well site,
natural disasters, and criminal acts that may affect the
operations described on the permit application for the well
site and fracturing operations. The Illinois Emergency
Management Agency, the Illinois Department of
Transportation, the Department of State Police, and the
Illinois Fire Marshal shall provide the county board or
governing body with all available information and include a
summary of the information for use by the county board or
governing body.
(8) The county board or governing body shall consult
with the Department of Public Health about any public
health risks and possible mitigation that might occur with
the well site and the well site operations, with particular
attention to the public health risks to pregnant women,
infants and children, the disabled, the hearing and sight
impaired, and persons with cardiovascular disease or
respiratory disease. The Department of Public Health shall
provide the county board or governing body with all
available information and include a summary of the

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information for use by the county board or governing body.
(9) The county board or governing body shall consult
with the Department and Illinois State Geological Survey
about the risks and possible mitigation of induced
seismicity from the well site, including Class II injection
wells that the applicant has indicated on the application.
The Department and the Illinois State Geological Survey
shall provide the county board or governing body with all
available information and include a summary of the
information for use by the county board or governing body.
(10) All of the consultations listed in items (5)
through (9) shall be conducted by the county board or
governing body prior to approving or denying the request
for consent for a well site and fracturing operations and
prior to the public meeting regarding the approval or
denial of the request for consent for the well site and
fracturing operations in its jurisdiction. A summary of
these consultations shall be prepared by the county board
or governing body and be made public as soon as convenient
through the customary public notice format for the county
board or governing body. The summary of the consultation
with the Department and each State agency under this
Section shall be made available to the public by the county
board or governing body at the public meeting regarding the
approval or denial of the request for consent of the well
site and fracturing operations.

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(11) If the county board or the governing body
determines that further consultations, public meetings,
public hearings, expert testimony, site visits, research,
and deliberations are necessary, it shall schedule and
conduct any and all investigations according to all
applicable State and local laws and ordinances. No deadline
is imposed upon the approval or denial of the request for
consent for a well site and fracturing operations.
(12) The county board or governing body shall develop a
method of timely notification to the public and interested
residents in the local jurisdiction about further details
and announcements pertaining to the well site and
fracturing operations, including any notifications of: (A)
approval or denial of the request for consent, (B) further
local investigations, studies, expert opinions and
consultations; (C) accidents, blow outs, fires, incidents,
violations, fines, public health notices, noise alerts,
traffic pattern alerts, traffic accidents, crime alerts,
and emergency planning, and (D) notices about water
contamination, diminution, air pollution, and induced
seismicity and radioactivity levels. This information
shall be posted on the Internet website of the county board
or governing body and shall clearly state that it relates
to the well site and fracturing operations.
(13) The county board or governing body that is
considering the approval or denial of a request for consent

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for a well site and fracturing operations within its
jurisdiction shall deliberate on all of the information
provided to it from each of the State agencies and shall
determine the following:
(A) whether the well site and the well site
operations are located and proposed to be operated in a
way that maximizes the protection of the public health,
safety, and welfare;
(B) whether the well site and fracturing
operations are located and proposed to be operated in a
way that ensures reasonable safety for domesticated
animals, livestock, and wildlife in the locality;
(C) whether the well site and fracturing
operations are located and proposed in a way that
minimizes incompatibility with the character of the
surrounding area, minimizes the effect on the value of
the surrounding property, and whether local zoning
ordinances and special use permits have been
considered;
(D) whether the well site and fracturing
operations are located and proposed to be operated
outside the boundary of the 100 year flood plain;
(E) whether the well site and fracturing
operations are located and proposed to be operated in a
way that minimizes the danger to the surrounding area
from fire, spills, blowouts, traffic accidents,

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induced seismicity, radioactivity exposure, excessive
and dangerous noise levels, light pollution, water
contamination, or other operational accidents;
(F) whether the well site and fracturing
operations are located and proposed to be operated in a
way that ensures that traffic patterns to or from the
well site are designed to minimize the impact on
existing traffic flows; and
(G) whether the well site and fracturing
operations are located and proposed to be operated in a
way that ensures that the treating, storing,
transporting or disposing of TENORM, low level
radioactive waste, hazardous waste, and chemical
spillage is in compliance with all State and local laws
and that an emergency response plan exists for the well
site and fracturing operations which includes
notification, containment, and evacuation procedures
to be used in case of an accidental release.
(14) The county board or the governing body of the
city, village, or incorporated town shall also consider as
evidence the previous operating experience and past record
of convictions or admissions of violations of the applicant
for the permit for a well site, and any subsidiary or
parent corporation, in the field of high volume hydraulic
fracturing or horizontal drilling with fracturing
operations.

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(15) A county board or governing body may conduct a
siting review under this Section and charge the applicant a
reasonable fee for the reasonable and necessary costs
incurred by the county board, city, village, or
incorporated town in the siting review process.
(16) A county board or governing body may request the
Illinois Department of Transportation to perform traffic
impact studies of the proposed well site and fracturing
operations.
(17) An applicant may not file a request for consent
for a well site and fracturing operations which is
substantially the same as a request that was denied within
the preceding 2 years.
(18) Any county board or governing body shall, within 7
business days before approving or denying a request for
consent for a well site and fracturing operations to be
located within their jurisdictions, make available a
summary report in the customary public notice format with
instructions to the public regarding submission of final
public comment on the approval or denial of the request for
consent, including summaries of the siting plans for the
well as described in the permit application, the fresh
water withdrawal and management plan, the waste management
plans, the traffic plans and anticipated routes, plans for
emergency management of accidents, fires, blowouts, or
chemical spills, feedback and concerns from the public, and

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any information obtained from the consultations with the
Department and other State agencies. The report shall
include the reasons that the county board or governing body
is considering approval or denial of the request to consent
to the well site and fracturing operations.
(19) If approved, a signed certified consent
authorized by the county board or governing body shall be
sent to the Department by certified mail to be included in
the permit application. No permit shall be issued unless
the certified signed consent is secured and filed with the
permit application.
(20) Once a permit is issued, the county board or
governing body shall consult with the Department and local
emergency personnel, including the Department of State
Police, once every 4 months regarding the progress of the
application and fracturing operations at the well site, any
ongoing emergency or traffic management issues, ongoing
public health issues, and any ongoing production issues
until production has ended at that well site and the site
has been remediated and the well has been capped. The
county board or governing body shall update its Internet
website or otherwise inform the public regarding these
updates about the well site, fracturing operations, and
production operations every 6 months.
(21) In the event that an amended location is selected,
the original permit and certified signed consent shall be

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invalid. A new certified consent, including compliance
with all provisions of this Section, shall be filed for the
amended location.
(d) The hydraulic fracturing or horizontal drilling with
fracturing operations permit application shall be accompanied
by a bond as required by subsection (a) of Section 1-65 of this
Act.
(e) Each application for a permit under this Act shall
include payment of a non-refundable fee of $13,500. Of this
fee, $11,000 shall be deposited into the Mines and Minerals
Regulatory Fund for the Department to use to administer and
enforce this Act and otherwise support the operations and
programs of the Office of Mines and Minerals. The remaining
$2,500 shall be deposited into the Illinois Clean Water Fund
for the Agency to use to carry out its functions under this
Act. The Department shall not initiate its review of the permit
application until the applicable fee under this subsection (e)
has been submitted to and received by the Department.
(f) Each application submitted under this Act shall be
signed, under the penalty of perjury, by the applicant or the
applicant's designee who has been vested with the authority to
act on behalf of the applicant and has direct knowledge of the
information contained in the application and its attachments.
Any person signing an application shall also sign an affidavit
with the following certification:
"I certify, under penalty of perjury as provided by law

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and under penalty of refusal, suspension, or revocation of
a high volume horizontal hydraulic fracturing or
horizontal drilling with fracturing permit, that this
application and all attachments are true, accurate, and
complete to the best of my knowledge.".
(g) The permit application shall be submitted to the
Department in both electronic and hard copy format. The
electronic format shall be searchable.
(h) The application for a high volume horizontal hydraulic
fracturing or horizontal drilling with fracturing permit may be
submitted as a combined permit application with the operator's
application to drill on a form as the Department shall
prescribe. The combined application must include the
information required in this Section. If the operator elects to
submit a combined permit application, information required by
this Section that is duplicative of information required for an
application to drill is only required to be provided once as
part of the combined application. The submission of a combined
permit application under this subsection shall not be
interpreted to relieve the applicant or the Department from
complying with the requirements of this Act or the Illinois Oil
and Gas Act.
(i) Upon receipt of a permit application, the Department
shall have no more than 60 calendar days from the date it
receives the permit application to approve, with any conditions
the Department may find necessary, or reject the application

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for the high volume horizontal hydraulic fracturing or
horizontal drilling with fracturing permit. The applicant may
waive, in writing, the 60-day deadline upon its own initiative
or in response to a request by the Department.
(j) If at any time during the review period the Department
determines that the permit application is not complete under
this Act, does not meet the requirements of this Section, or
requires additional information, the Department shall notify
the applicant in writing of the application's deficiencies and
allow the applicant to correct the deficiencies and provide the
Department any information requested to complete the
application. If the applicant fails to provide adequate
supplemental information within the review period, the
Department may reject the application.
(Source: P.A. 98-22, eff. 6-17-13; revised 11-12-13.)
(225 ILCS 732/1-40)
Sec. 1-40. Public notice.
(a) Within 5 calendar days after the Department's receipt
of the completed high volume horizontal hydraulic fracturing or
horizontal drilling with fracturing application, the
Department shall post notice of its receipt and a copy of the
permit application on its website. The notice shall include the
dates of the public comment period and directions for
interested parties to submit comments.
(b) Within 5 calendar days after the Department's receipt

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of the completed permit application and notice to the applicant
that the high volume horizontal hydraulic fracturing or
horizontal drilling with fracturing permit application was
received, the Department shall provide the Agency, the Office
of the State Fire Marshal, Illinois State Water Survey, the
Department of Public Health, the Illinois Emergency Management
Agency, and Illinois State Geological Survey with notice of the
application.
(c) The applicant shall provide the following public
notice:
(1) Applicants shall mail specific public notice by
U.S. Postal Service certified mail, return receipt
requested, within 3 calendar days after submittal of the
completed high volume horizontal hydraulic fracturing or
horizontal drilling with fracturing permit application to
the Department, to all persons identified as owners of real
property within 1,500 feet of the proposed well site, as
disclosed by the records in the office of the recorder of
the county or counties, and to each municipality and county
in which the well site is proposed to be located.
(2) Except as otherwise provided in this paragraph (2)
of subsection (c), applicants shall provide general public
notice by publication, once each week for 2 consecutive
weeks, beginning no later than 3 calendar days after
submittal of the completed high volume horizontal
hydraulic fracturing or horizontal drilling with

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fracturing permit application to the Department, in a
newspaper of general circulation published in each county
where the well proposed for high volume hydraulic
fracturing operations or horizontal drilling with
fracturing operations is proposed to be located.
If a well is proposed for high volume hydraulic
fracturing operations or horizontal drilling with
fracturing operations in a county where there is no daily
newspaper of general circulation, applicant shall provide
general public notice, by publication, once each week for 2
consecutive weeks, in a weekly newspaper of general
circulation in that county beginning as soon as the
publication schedule of the weekly newspaper permits, but
in no case later than 10 days after submittal of the
completed high volume hydraulic fracturing or horizontal
drilling with fracturing permit application to the
Department.
(3) The specific and general public notices required
under this subsection shall contain the following
information:
(A) the name and address of the applicant;
(B) the date the application for a completed high
volume horizontal hydraulic fracturing or horizontal
drilling with fracturing permit was filed;
(C) the dates for the public comment period and a
statement that anyone may file written comments about

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any portion of the applicant's submitted completed
high volume horizontal hydraulic fracturing or
horizontal drilling with fracturing permit application
with the Department during the public comment period;
(D) the proposed well name, reference number
assigned by the Department, and the address and legal
description of the well site and its unit area;
(E) a statement that the information filed by the
applicant in their application for a completed high
volume horizontal hydraulic fracturing or horizontal
drilling with fracturing permit is available from the
Department through its website;
(F) the Department's website and the address and
telephone number for the Department's Oil and Gas
Division;
(G) a statement that any person having an interest
that is or may be adversely affected, any government
agency that is or may be affected, or the county board
of a county to be affected under a proposed permit, may
file written objections to a permit application and may
request a public hearing.
(d) After providing the public notice as required under
paragraph (2) of subsection (c) of this Section, the applicant
shall supplement its permit application by providing the
Department with a certification and documentation that the
applicant fulfilled the public notice requirements of this

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Section. The Department shall not issue a permit until the
applicant has provided the supplemental material required
under this subsection.
(e) If multiple applications are submitted at the same time
for wells located on the same well site, the applicant may use
one public notice for all applications provided the notice is
clear that it pertains to multiple applications and conforms to
the requirements of this Section. Notice shall not constitute
standing for purposes of requesting a public hearing or for
standing to appeal the decision of the Department in accordance
with the Administrative Review Law.
(Source: P.A. 98-22, eff. 6-17-13.)
(225 ILCS 732/1-45)
Sec. 1-45. Public comment periods.
(a) The public comment period shall begin 7 calendar days
after the Department's receipt of the completed permit
application with any and all required information officially
submitted to the Department. The public comment period shall
and last for 60 30 calendar days.
(b) Where a public hearing is conducted under Section 1-50
of this Act, the Department shall may provide for an additional
public comment period of 20 15 days as necessary to allow for
comments in response to evidence and testimony presented at the
hearing. The additional public comment period shall be added to
the original 60-day public comment period for a total of 80

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days begin on the day after the public hearing.
(c) During any public comment period, any person may file
written comments to the Department concerning any portion of
the permit application and any issue relating to the
applicant's compliance with the requirements of the Act and any
other applicable laws.
(d) The Department shall may request that the applicant
respond to any documented substantive public comments obtained
during the public comment period.
(Source: P.A. 98-22, eff. 6-17-13.)
(225 ILCS 732/1-50)
Sec. 1-50. High volume horizontal hydraulic fracturing or
horizontal drilling with fracturing operations permit;
hearing.
(a) When a permit application is submitted to conduct high
volume horizontal hydraulic fracturing operations or
horizontal drilling with fracturing operations for the first
time at a particular well site, any person having an interest
that is or may be adversely affected, any government agency
that is or may be affected, or the county board of a county to
be affected under a proposed permit, may file written
objections to the permit application and may request a public
hearing during the public comment period established under
subsection (a) of Section 1-45 of this Act. The request for
hearing shall contain a short and plain statement identifying

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the person and stating facts demonstrating that the person has
an interest that is or may be adversely affected. The
Department shall hold a public hearing upon a request under
this subsection, unless the request is determined by the
Department to lack any adequate factual statement that the
person is or may be adversely affected (i) lack an adequate
factual statement that the person is or may be adversely
affected or (ii) be frivolous.
(b) Prior to the commencement of a public hearing under
this Section, any person who could have requested the hearing
under subsection (a) of this Section may petition the
Department to participate in the hearing in the same manner as
the party requesting the hearing. The petition shall contain a
short and plain statement identifying the petitioner and
stating facts demonstrating that the petitioner is a person
having an interest that is or may be adversely affected. The
petitioner shall serve the petition upon the Department. Unless
the Department determines that the petition is frivolous, or
that the petitioner has failed to allege facts in support of an
interest that is or may be adversely affected, the petitioner
shall be allowed to participate in the hearing in the same
manner as the party requesting the hearing. The petitioner, if
denied participation in the hearing, may appeal the decision to
the Director and receive a written response.
(c) The public hearing to be conducted under this Section
shall comply with the contested case requirements of the

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Illinois Administrative Procedure Act. The Department shall
establish rules and procedures to determine whether any request
for a public hearing may be granted in accordance with
subsection (a) of this Section, and for the notice and conduct
of the public hearing. These procedural rules shall include
provisions for reasonable notice to (i) the public and (ii) all
parties to the proceeding, which include the applicant, the
persons requesting the hearing, and the persons granted the
right to participate in the hearing pursuant to subsection (b)
of this Section, for the qualifications, powers, and
obligations of the hearing officer, and for reasonable
opportunity for all the parties to provide evidence and
argument, to respond by oral or written testimony to statements
and objections made at the public hearing, and for reasonable
cross-examination of witnesses. County boards, governing
bodies of municipalities, villages, and incorporated towns,
and the public may present their written objections or
recommendations at the public hearing. A complete record of the
hearings and all testimony shall be made by the Department and
recorded stenographically or electronically. The complete
record shall be maintained and shall be accessible to the
public on the Department's website until final release of the
applicant's performance bond.
(d) At least 21 10 calendar days before the date of the
public hearing, the Department shall publish notice of the
public hearing in a newspaper of general circulation published

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in the county where the proposed well site will be located.
(Source: P.A. 98-22, eff. 6-17-13.)