Sen. Ira I. Silverstein
Filed: 3/21/2014
 
 


 




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1
AMENDMENT TO SENATE BILL 3328 




2 AMENDMENT NO. ______. Amend Senate Bill 3328 by replacing 
3everything after the enacting clause with the following:


4 "Section 5. The Hydraulic Fracturing Regulatory Act is 
5amended by adding Section 1-137 as follows:

6 (225 ILCS 732/1-137 new)
7 Sec. 1-137. Mahomet Aquifer Task Force.
8 (a) The Department shall, on the effective date of this 
9amendatory Act of the 98th General Assembly, suspend acceptance 
10or approval of any and all new permits for high volume 
11horizontal fracturing operations or horizontal drilling with 
12fracturing operations and suspend any Departmental approval of 
13disposal or burial of solid or liquid waste from oil, liquid 
14natural gas, or natural gas drilling, fracturing, and recovery 
15operations, including, but not limited to, coal bed methane 
16toxins, fracturing chemicals, and other hydrocarbon products 
 
 
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1and byproducts, in Class II injection wells, in landfills, or 
2on private lands in any and all of the geographic areas of the 
3counties of Cass, Champaign, DeWitt, Ford, Iroquois, Logan, 
4Macon, Mason, McLean, Menard, Piatt, Tazewell, Vermilion, and 
5Woodford, and any other geographic area determined to be 
6situated over, or on top of, or located above the Mahomet 
7aquifer in this State, including a one-mile setback from the 
8entire perimeter of the aquifer.
9 (b) The Department shall work with the Illinois State 
10Geological Survey, the Illinois State Water Survey, and the 
11Mahomet Aquifer Consortium to determine the exact map locations 
12of all areas in this State that are situated over, on top of, 
13or located above the Mahomet aquifer, and over or located 
14within the Sangamon River watershed, including a one-mile 
15setback from the entire perimeter of the aquifer.
16 (c) There is hereby created a Mahomet Aquifer Task Force. 
17The Mahomet Aquifer Task Force shall consist of the following 
18members:
19  (1) one member appointed by the Director of the 
20 Illinois State Water Survey;
21  (2) one member appointed by the Director of Natural 
22 Resources;
23  (3) one member appointed by the Director of the 
24 Groundwater Advisory Council established under the 
25 Illinois Groundwater Protection Act;
26  (4) one member appointed by the Director of the 
 
 
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1 Illinois Environmental Protection Agency;
2  (5) one member appointed by the Illinois Groundwater 
3 Association;
4  (6) one member appointed by the East Central Illinois 
5 Regional Water Supply Planning Committee; and
6  (7) three members appointed by the Mahomet Aquifer 
7 Consortium.
8 The chairperson of the Mahomet Aquifer Task Force shall be 
9the member appointed by the Illinois State Water Survey.
10 (d) The Task Force shall:
11  (1) meet once a month, either in person or through 
12 video conferencing or other technology via the Internet;
13  (2) operate without pay, but with all expenses paid for 
14 the functioning of the Task Force to be allocated by the 
15 Illinois State Water Survey;
16  (3) provide a fully researched report, based on a 
17 review of published literature on effects of high volume 
18 horizontal fracturing operations or horizontal drilling 
19 with fracturing operations on other aquifers and 
20 watersheds as described in subsection (f) of this Section; 
21 and
22  (4) fully investigate any and all adverse effects of 
23 high volume hydraulic fracturing operations or horizontal 
24 drilling with fracturing operations with regard to:
25   (A) oil and natural gas wells, Class II injection 
26 wells, industry infrastructure and pipelines, disposal 
 
 
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1 or burial of solid or liquid waste from oil, liquid 
2 natural gas, or natural gas drilling, fracturing, and 
3 recovery operations, including, but not limited to, 
4 coal bed methane toxins, fracturing chemicals, and 
5 other hydrocarbon products and byproducts, in Class II 
6 injection wells, in landfills, or on private lands, and 
7 the potential risks to the Mahomet aquifer and Sangamon 
8 River watershed;
9   (B) the environmental and public health effects on 
10 the Mahomet aquifer and Sangamon River watershed of 
11 spillage, leakage, fires, or blowouts of oil and 
12 natural gas, its containment, processing 
13 infrastructure, and transportation infrastructure;
14   (C) the environmental and public health effects on 
15 the Mahomet aquifer and Sangamon River watershed of 
16 spillage or leakage from open fracturing waste pits;
17   (D) the environmental damage and public health 
18 effects on the Mahomet aquifer and Sangamon River 
19 watershed of spillage, leakage, fires, or blowouts of 
20 hydraulic fracturing or fracturing fluids, chemicals, 
21 proppants, and byproducts, its containment, processing 
22 infrastructure, and transportation infrastructure; and
23   (E) the environmental damage and effects to water 
24 availability when drilling operators take water from 
25 the aquifer and Sangamon River watershed during a 
26 drought and during dry periods, as well as the overall 
 
 
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1 removal of water on a continuous basis from the aquifer 
2 or watershed.
3 (e) The Mahomet Aquifer Task Force shall write a report to 
4be submitted to the General Assembly, the Governor, the 
5Hydraulic Fracturing Task Force, the Illinois Emergency 
6Management Agency, the Department of Natural Resources, the 
7Groundwater Advisory Council established under the Illinois 
8Groundwater Protection Act, the Illinois Environmental 
9Protection Agency, the Illinois Groundwater Association, the 
10East Central Illinois Regional Water Supply Planning 
11Committee, the Mahomet Aquifer Consortium, the Department of 
12Public Health, the Illinois State Water Survey, and to the 
13public via the website of the Illinois State Water Survey and 
14the website of the Department of Natural Resources, outlining 
15its findings on the effects of high volume hydraulic fracturing 
16operations or horizontal drilling with fracturing operations 
17on the water resources drawn from and supplied by the Mahomet 
18Aquifer and Sangamon River watershed, which shall include 
19recommendations and conclusions about:
20  (1) the risks of drilling and extracting oil and 
21 natural gas in the aquifer or watershed region;
22  (2) the risks of drilling and operating Class II 
23 injection wells in the aquifer or watershed region and the 
24 disposal or burial of solid or liquid waste from oil, 
25 liquid natural gas, or natural gas drilling, fracturing, 
26 and recovery operations, including, but not limited to, 
 
 
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1 coal bed methane toxins, fracturing chemicals, and other 
2 hydrocarbon products and byproducts, in Class II injection 
3 wells, in landfills, or on private lands;
4  (3) the use of fracturing waste or wastewater open pits 
5 in the aquifer or watershed region;
6  (4) the risks of spillage and leakage resulting in 
7 water contamination from oil and natural gas wells in the 
8 aquifer or watershed region;
9  (5) bonding requirements for oil and natural gas 
10 operations and infrastructure in the aquifer or watershed 
11 region;
12  (6) insurance requirements for oil and natural gas 
13 operations and infrastructure in aquifer or watershed 
14 region;
15  (7) best practices for the oil and natural gas industry 
16 in the aquifer or watershed region; and
17  (8) any and all recommendations related to maintaining 
18 the viability of the aquifer and Sangamon River watershed, 
19 and the ability of the aquifer and Sangamon River watershed 
20 to supply a safe water supply as related to the oil and 
21 natural gas industry and their operations.
22 (f) The report shall include recommendations to the General 
23Assembly and the Governor for legislation to protect the 
24Mahomet aquifer and the Sangamon River watershed, from any 
25adverse effects of blowouts, spillage, leakage, and damages 
26associated with oil and natural gas wells, drilling, Class II 
 
 
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1injection wells, waste and wastewater containment, pipelines, 
2infrastructure, chemicals, proppants, and byproducts, and the 
3disposal or burial of solid or liquid waste from oil, liquid 
4natural gas, or natural gas drilling, fracturing, and recovery 
5operations, including, but not limited to, coal bed methane 
6toxins, fracturing chemicals, and other hydrocarbon products 
7and byproducts, in Class II injection wells, in landfills, or 
8on private lands.
9 (g) The Mahomet Aquifer Task Force shall submit its report 
10on or before January 1, 2016. The Mahomet Aquifer Task Force is 
11disbanded on July 1, 2016. ".