Bill Text: IL SB3327 | 2013-2014 | 98th General Assembly | Introduced

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Bill Title: Amends the Hydraulic Fracturing Regulatory Act. Changes the setback requirements throughout the Act. Provides that no compressors, dehydrators, condensate tanks, processing plants or stations, pumping stations, open waste pits, flares or critical oil, liquid natural gas or natural gas infrastructure shall be located closer than 1,500 feet to any residence, habitable structure, dwelling, non-residential place of business, place of assembly or place of worship, edge of the property line from any school, hospital, or licensed nursing home facility, nature preserve, State park, or a site on the Register of Land and Water Reserves. Provides that no Class II injection well for use in disposal of any hydraulic fracturing or fracturing wastewater, flowback, or produced water from any oil, liquid natural gas, or natural gas extraction processes shall be located within 10 miles, as measured by a straight line from the closest edge of the property to the closest edge of the Class II injection well site, of any nuclear power plant, uranium processing facility, high level radioactive waste storage facility, or low level radioactive waste storage facility. Applies all setback requirements to horizontal drilling with fracturing operations in addition to all high volume horizontal hydraulic fracturing operations.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Failed) 2015-01-13 - Session Sine Die [SB3327 Detail]

Download: Illinois-2013-SB3327-Introduced.html

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98TH GENERAL ASSEMBLY State of Illinois 2013 and 2014 SB3327 Introduced 2/14/2014, by Sen. Ira I. Silverstein SYNOPSIS AS INTRODUCED:
225 ILCS 732/1-25
225 ILCS 732/1-35
Amends the Hydraulic Fracturing Regulatory Act. Changes the setback requirements throughout the Act. Provides that no compressors, dehydrators, condensate tanks, processing plants or stations, pumping stations, open waste pits, flares or critical oil, liquid natural gas or natural gas infrastructure shall be located closer than 1,500 feet to any residence, habitable structure, dwelling, non-residential place of business, place of assembly or place of worship, edge of the property line from any school, hospital, or licensed nursing home facility, nature preserve, State park, or a site on the Register of Land and Water Reserves. Provides that no Class II injection well for use in disposal of any hydraulic fracturing or fracturing wastewater, flowback, or produced water from any oil, liquid natural gas, or natural gas extraction processes shall be located within 10 miles, as measured by a straight line from the closest edge of the property to the closest edge of the Class II injection well site, of any nuclear power plant, uranium processing facility, high level radioactive waste storage facility, or low level radioactive waste storage facility. Applies all setback requirements to horizontal drilling with fracturing operations in addition to all high volume horizontal hydraulic fracturing operations.
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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 1-25 and 1-35 as follows:
(225 ILCS 732/1-25)
Sec. 1-25. Setbacks and prohibitions.
(a) Except as otherwise provided in this Section, no well
site where high volume horizontal hydraulic fracturing
operations or horizontal drilling with fracturing operations
are proposed, planned, or occurring may be located as follows.
Unless specified otherwise, all distances shall be measured
from the closest edge of the well site:
(1) within 1,500 500 feet measured horizontally from
any residence, habitable structure, dwelling,
non-residential place of business, place of assembly, or
place of worship unless the owner of the residence or the
governing body of the place of worship otherwise expressly
agrees in writing to a closer well location;
(2) within 1,500 500 feet measured horizontally from
the edge of the property line from any school, hospital, or
licensed nursing home facility;
(3) within 1,500 500 feet measured horizontally from

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the surface location of any existing water well or
developed spring used for human or domestic animal
consumption, unless the owner or owners of the well or
developed spring otherwise expressly agrees or agree in
writing to a closer well location;
(4) within 1,500 300 feet measured horizontally from
the center of a perennial stream or from the ordinary high
water mark of any river, natural or artificial lake, pond,
or reservoir;
(5) within 1,500 750 feet of a nature preserve, State
park, State sponsored or cataloged wetlands, or a site on
the Register of Land and Water Reserves;
(6) within 1,500 feet of a surface water or groundwater
intake of a public water supply; the distance from the
public water supply as identified by the Department shall
be measured as follows:
(A) For a surface water intake on a lake or
reservoir, the distance shall be measured from the
intake point on the lake or reservoir.
(B) For a surface water intake on a flowing stream,
the distance shall be measured from a semicircular
radius extending upstream of the surface water intake.
(C) For a groundwater source, the distance shall be
measured from the surface location of the wellhead or
the ordinary high water mark of the spring.
(7) within 1,500 feet of any part of all known previous

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well bores, or of any part of any horizontal well bore that
penetrated within 400 vertical feet of the formation that
will be stimulated as part of high volume horizontal
hydraulic fracturing operations or horizontal drilling
with fracturing operations;
(8) within 3 miles of any nuclear power plant, uranium
processing facility, high level radioactive waste storage
facility, or low level radioactive waste storage facility,
as measured by a straight line from the closed edge of the
property on which the nuclear power plant, uranium
processing facility, or low level radioactive waste
storage facility is located, to the closest edge of the
well pad;
(9) within 1,500 feet of any farm building, outlying
farm building, or enclosed area for housing or feeding farm
animals used for production, including, but not limited to,
barns, coops, stables, feedlots, confinements and dairy
operations; and
(10) within 1,500 feet of any part of a closed or
operating coal mine shaft or mineral chamber.
The distance restrictions under this subsection (a) shall
be determined as conditions exist at the time of the submission
of the permit application under this Act.
(b) Notwithstanding any other provision of this Section,
the owner of an existing water well, developed spring,
artificial lake, pond, or reservoir used for human or domestic

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animal consumption a water source identified in paragraph (3)
or (4) of subsection (a) of this Section that is wholly
contained within the owner's property, and wholly owned by the
owner of the property without lien, may expressly agree in
writing to a closer well location.
(c) It is unlawful to inject or discharge hydraulic
fracturing fluid, fracturing fluid, flowback, produced water,
BTEX, diesel, or petroleum distillates into fresh water.
(d) It is unlawful to perform any high volume horizontal
hydraulic fracturing operations or horizontal drilling with
fracturing operations by knowingly or recklessly injecting
diesel.
(e) No compressors, dehydrators, condensate tanks,
processing plants or stations, pumping stations, open waste
pits, flares or critical oil, liquid natural gas, or natural
gas infrastructure shall be located closer than 1,500 feet to
any residence, habitable structure, dwelling, non-residential
place of business, place of assembly or place of worship, edge
of the property line from any school, hospital, or licensed
nursing home facility, nature preserve, State park, or a site
on the Register of Land and Water Reserves.
(f) No Class II injection well for use in disposal of any
hydraulic fracturing or fracturing wastewater, flowback, or
produced water from any oil, liquid natural gas, or natural gas
extraction processes shall be located within 10 miles, as
measured by a straight line from the closest edge of the

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property to the closest edge of the Class II injection well
site, of any nuclear power plant, uranium processing facility,
high level radioactive waste storage facility, or low level
radioactive waste storage facility.
(Source: P.A. 98-22, eff. 6-17-13.)
(225 ILCS 732/1-35)
Sec. 1-35. High volume horizontal hydraulic fracturing or
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
operations by the applicant or any parent, subsidiary, or
affiliate thereof within the previous 5 years; and
(3) proof of insurance to cover injuries, damages, or

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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;
(4) a detailed description of the proposed well to be
used for the high volume horizontal hydraulic fracturing
operations or horizontal drilling with fracturing

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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
horizontal drilling with fracturing operations,
including, but not limited to, geologic name and
geologic description of the formation that will be

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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
or fracturing operations including the following:
(A) the total volume of water anticipated to be
used in the hydraulic 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;

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(B) each hydraulic fracturing additive anticipated
to be used in the hydraulic fracturing fluid, including
the trade name, vendor, a brief descriptor of the
intended use or function of each hydraulic 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;
(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

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(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
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

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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
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

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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
Department may, by rule, require.
(c) Where 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, village, or incorporated town, the application
shall state the name of the city, village, or incorporated town

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and be accompanied with a certified copy of the official
consent for the hydraulic fracturing operations or horizontal
drilling with 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.
(d) The hydraulic fracturing or horizontal drilling with
fracturing 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

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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
and under penalty of refusal, suspension, or revocation of
a high volume horizontal hydraulic 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 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

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receives the permit application to approve, with any conditions
the Department may find necessary, or reject the application
for the high volume horizontal hydraulic 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.)