Shown verbatim: the complete text as captured from the official PDF posted by the Illinois General Assembly, fetched 2026-09-25. Page and line markers are part of the official record; nothing is edited or removed. This is the current version. The official bill page.
SB3113 Enrolled LRB104 19645 BAB 33094 b
1 AN ACT concerning regulation.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Illinois Oil and Gas Act is amended by
5 changing Sections 1, 6, 8a, 8e, 14, and 26 as follows:
6 (225 ILCS 725/1) (from Ch. 96 1/2, par. 5401)
7 Sec. 1. Unless the context otherwise requires, the words
8 defined in this Section have the following meanings as used in
9 this Act.
10 "Department" means the Department of Natural Resources.
11 "Director" means the Director of Natural Resources.
12 "Drilling unit" means the surface area allocated by an
13 order or rule of the Department to the drilling of a single
14 well for the production of oil or gas from an individual pool.
15 "Enhanced recovery method" means any method used in an
16 effort to recover hydrocarbons from a pool by the injection of
17 fluids, gases, or other substances to maintain, restore, or
18 augment natural reservoir energy, or by introducing immiscible
19 or miscible gases, chemicals, or other substances, or heat, or
20 by in-situ combustion, or by any combination thereof.
21 "Field" means the same general surface area that is
22 underlaid or appears to be underlaid by one or more pools.
23 "Fresh water" means surface and subsurface water in its
SB3113 Enrolled -2- LRB104 19645 BAB 33094 b
1 natural state useful as drinking water for human consumption,
2 domestic livestock, irrigation, industrial, municipal, and
3 recreational purposes, and that will support aquatic life and
4 contains less than 10,000 ppm of total dissolved solids.
5 "Person" means any natural person, corporation,
6 association, partnership, governmental agency or other legal
7 entity, receiver, trustee, guardian, executor, administrator,
8 fiduciary or representative of any kind.
9 "Oil" means natural crude oil or petroleum and other
10 hydrocarbons, regardless of gravity, which are produced at the
11 well in liquid form by ordinary production methods or by the
12 use of an oil and gas separator and which are not the result of
13 condensation of gas after it leaves the underground reservoir.
14 "Gas" means all natural gas, including casinghead gas, and
15 all other natural hydrocarbons not defined above as oil.
16 "Mineral owner's royalty" means the share of oil and gas
17 production reserved in an oil and gas lease, free of all costs
18 by an owner of the minerals, whether denominated royalty or
19 overriding royalty.
20 "Mining Board" means the State Mining Board in the
21 Department of Natural Resources Office of Mines and Minerals.
22 "Oil" means natural crude oil or petroleum and other
23 hydrocarbons, regardless of gravity, which are produced at the
24 well in liquid form by ordinary production methods or by the
25 use of an oil and gas separator, which are not the result of
26 condensation of gas after it leaves the underground reservoir.
SB3113 Enrolled -3- LRB104 19645 BAB 33094 b
1 "Orphan well" means a well for which: (1) no fee
2 assessment under Section 19.7 of this Act has been paid or no
3 other bond coverage has been provided for 2 consecutive years;
4 (2) no oil or gas has been produced from the well or from the
5 lease or unit on which the well is located for 2 consecutive
6 years; and (3) no permittee or owner can be identified or
7 located by the Department. "Orphan well" includes a well that
8 has been drilled for purposes other than those for which a
9 permit is required under this Act if the well is a conduit for
10 oil or salt water intrusions into fresh water zones or onto the
11 surface, which may be caused by oil and gas operations.
12 "Owner" means the person who has the right to drill into
13 and produce from any pool and to appropriate the production
14 either for the person or for the person and another, others, or
15 solely for others, excluding the mineral owner's royalty, if
16 the right to drill and produce has been granted under an oil
17 and gas lease. "Owner" includes a person granted the right to
18 drill and operate an injection (Class II UIC) well independent
19 of the right to drill for and produce oil or gas. When the
20 right to drill, produce, and appropriate production is held by
21 more than one person, then all persons holding these rights
22 may designate the owner by a written operating agreement or
23 similar written agreement. In the absence of such an
24 agreement, and subject to the provisions of Sections 22.2 and
25 23.1 through 23.16 of this Act, the owner shall be the person
26 designated in writing by a majority of the persons in interest
SB3113 Enrolled -4- LRB104 19645 BAB 33094 b
1 holding these rights.
2 "Permit" means the Department's written authorization
3 allowing a well to be drilled, deepened, converted, or
4 operated by an owner.
5 "Permittee" means the owner holding or required to hold
6 the permit, and who is also responsible for paying assessments
7 in accordance with Section 19.7 of this Act, and, where
8 applicable, executing and filing the bond associated with the
9 well as principal, and who is responsible for compliance with
10 all statutory and regulatory requirements pertaining to the
11 well.
12 When the right and responsibility for operating a well is
13 vested in a receiver or trustee appointed by a court of
14 competent jurisdiction, the permit shall be issued to the
15 receiver or trustee.
16 "Person" means any natural person, corporation,
17 association, partnership, governmental agency, including any
18 other legal entity, receiver, trustee, guardian, executor,
19 administrator, fiduciary, or representative of any kind.
20 "Pool" means a natural, underground reservoir containing
21 in whole or in part, a natural accumulation of oil or gas, or
22 both. Each productive zone or stratum of a general structure,
23 which is completely separated from any other zone or stratum
24 in the structure, is deemed a separate "pool" as used herein.
25 "Produced water" means water, regardless of chloride and
26 total dissolved solids content that is produced in conjunction
SB3113 Enrolled -5- LRB104 19645 BAB 33094 b
1 with oil and natural gas production or natural gas storage
2 operations.
3 "Temporary abandonment status" means a well that has
4 received an authorization for temporary abandonment status
5 from the Department.
6 "Vacuum" means pressure that is reduced below the pressure
7 of the atmosphere.
8 "Field" means the same general surface area which is
9 underlaid or appears to be underlaid by one or more pools.
10 "Permit" means the Department's written authorization
11 allowing a well to be drilled, deepened, converted, or
12 operated by an owner.
13 "Permittee" means the owner holding or required to hold
14 the permit, and who is also responsible for paying assessments
15 in accordance with Section 19.7 of this Act and, where
16 applicable, executing and filing the bond associated with the
17 well as principal and who is responsible for compliance with
18 all statutory and regulatory requirements pertaining to the
19 well.
20 When the right and responsibility for operating a well is
21 vested in a receiver or trustee appointed by a court of
22 competent jurisdiction, the permit shall be issued to the
23 receiver or trustee.
24 "Orphan Well" means a well for which: (1) no fee
25 assessment under Section 19.7 of this Act has been paid or no
26 other bond coverage has been provided for 2 consecutive years;
SB3113 Enrolled -6- LRB104 19645 BAB 33094 b
1 (2) no oil or gas has been produced from the well or from the
2 lease or unit on which the well is located for 2 consecutive
3 years; and (3) no permittee or owner can be identified or
4 located by the Department. Orphaned wells include wells that
5 may have been drilled for purposes other than those for which a
6 permit is required under this Act if the well is a conduit for
7 oil or salt water intrusions into fresh water zones or onto the
8 surface which may be caused by oil and gas operations.
9 "Owner" means the person who has the right to drill into
10 and produce from any pool, and to appropriate the production
11 either for the person or for the person and another, or others,
12 or solely for others, excluding the mineral owner's royalty if
13 the right to drill and produce has been granted under an oil
14 and gas lease. An owner may also be a person granted the right
15 to drill and operate an injection (Class II UIC) well
16 independent of the right to drill for and produce oil or gas.
17 When the right to drill, produce, and appropriate production
18 is held by more than one person, then all persons holding these
19 rights may designate the owner by a written operating
20 agreement or similar written agreement. In the absence of such
21 an agreement, and subject to the provisions of Sections 22.2
22 and 23.1 through 23.16 of this Act, the owner shall be the
23 person designated in writing by a majority in interest of the
24 persons holding these rights.
25 "Department" means the Department of Natural Resources.
26 "Director" means the Director of Natural Resources.
SB3113 Enrolled -7- LRB104 19645 BAB 33094 b
1 "Mining Board" means the State Mining Board in the
2 Department of Natural Resources, Office of Mines and Minerals.
3 "Mineral Owner's Royalty" means the share of oil and gas
4 production reserved in an oil and gas lease free of all costs
5 by an owner of the minerals whether denominated royalty or
6 overriding royalty.
7 "Waste" means "physical waste" as that term is generally
8 understood in the oil and gas industry, and further includes:
9 (1) the locating, drilling, and producing of any oil
10 or gas well or wells drilled contrary to the valid order,
11 rules and regulations adopted by the Department under the
12 provisions of this Act;
13 (2) permitting the migration of oil, gas, or water
14 from the stratum in which it is found, into other strata,
15 thereby ultimately resulting in the loss of recoverable
16 oil, gas or both;
17 (3) the drowning with water of any stratum or part
18 thereof capable of producing oil or gas, except for
19 secondary recovery purposes;
20 (4) the unreasonable damage to underground, fresh or
21 mineral water supply, workable coal seams, or other
22 mineral deposits in the operations for the discovery,
23 development, production, or handling of oil and gas;
24 (5) the unnecessary or excessive surface loss or
25 destruction of oil or gas resulting from evaporation,
26 seepage, leakage or fire, especially such loss or
SB3113 Enrolled -8- LRB104 19645 BAB 33094 b
1 destruction incident to or resulting from the escape of
2 gas into the open air in excessive or unreasonable
3 amounts, provided, however, it shall not be unlawful for
4 the operator or owner of any well producing both oil and
5 gas to burn such gas in flares when such gas is, under the
6 other provisions of this Act, lawfully produced, and where
7 there is no market at the well for such escaping gas; and
8 where the same is used for the extraction of casinghead
9 gas, it shall not be unlawful for the operator of the plant
10 after the process of extraction is completed, to burn such
11 residue in flares when there is no market at such plant for
12 such residue gas;
13 (6) permitting unnecessary fire hazards; and
14 (7) permitting unnecessary damage to or destruction of
15 the surface, soil, animal, fish or aquatic life or
16 property from oil or gas operations.
17 "Drilling Unit" means the surface area allocated by an
18 order or regulation of the Department to the drilling of a
19 single well for the production of oil or gas from an individual
20 pool.
21 "Enhanced Recovery Method" means any method used in an
22 effort to recover hydrocarbons from a pool by injection of
23 fluids, gases or other substances to maintain, restore or
24 augment natural reservoir energy, or by introducing immiscible
25 or miscible gases, chemicals, other substances or heat or by
26 in-situ combustion, or by any combination thereof.
SB3113 Enrolled -9- LRB104 19645 BAB 33094 b
1 "Well-Site Equipment" means any production-related
2 equipment or materials specific to the well, including motors,
3 pumps, pump jacks, tanks, tank batteries, separators,
4 compressors, casing, tubing, and rods.
5 "Temporary abandonment status" means a well that has
6 received an authorization for temporary abandonment status
7 from the Department.
8 (Source: P.A. 102-1017, eff. 1-1-23.)
9 (225 ILCS 725/6) (from Ch. 96 1/2, par. 5409)
10 Sec. 6. The Department shall have the authority to conduct
11 hearings and to make such reasonable rules as may be necessary
12 from time to time in the proper administration and enforcement
13 of this Act, including the adoption of rules and the holding of
14 hearings for the following purposes:
15 (1) To require the drilling, casing and plugging of
16 wells to be done in such a manner as to prevent the
17 migration of oil or gas from one stratum to another; to
18 prevent the intrusion of water into oil, gas or coal
19 strata; to prevent the pollution of fresh water supplies
20 by oil, gas or salt water.
21 (2) To require the person desiring or proposing to
22 drill, deepen or convert any well for the exploration or
23 production of oil or gas, for injection or water supply in
24 connection with enhanced recovery projects, for the
25 disposal of salt water, brine, or other oil or gas field
SB3113 Enrolled - 10 - LRB104 19645 BAB 33094 b
1 wastes, or for input, withdrawal, or observation in
2 connection with the storage of natural gas or other liquid
3 or gaseous hydrocarbons before commencing the drilling,
4 deepening or conversion of any such well, to make
5 application to the Department upon such form as the
6 Department may prescribe and to comply with the provisions
7 of this Section. The drilling, deepening or conversion of
8 any well is hereby prohibited until such application is
9 made and the applicant is issued a permit therefor as
10 provided by this Act. Each application for a well permit
11 shall include the following: (A) The exact location of the
12 well, (B) the name and address of the manager, operator,
13 contractor, driller, or any other person responsible for
14 the conduct of drilling operations, (C) the proposed depth
15 of the well, (D) lease ownership information, and (E) such
16 other relevant information as the Department may deem
17 necessary or convenient to effectuate the purposes of this
18 Act.
19 (2.5) Additionally, for each applicant who has not
20 been issued a permit that is (i) not of record with the
21 Department on the effective date of this amendatory Act of
22 the 104th General Assembly, or (ii) a permittee on record
23 with the Department but who has failed to make payments of
24 the assessments as required under Section 19.7 of this Act
25 at any time in the preceding 5 years of the application,
26 the permittee or applicant shall execute, as principal,
SB3113 Enrolled - 11 - LRB104 19645 BAB 33094 b
1 and file with the Department a bond, executed by a surety
2 authorized to transact business in this State, in an
3 amount estimated to cover the cost of plugging the well
4 and restoring the well site and shall set at the following
5 rates:
6 (A) $10,000 for one well;
7 (B) $25,000 in total covering a blanket bond for
8 up to 10 wells;
9 (C) $50,000 in total covering a blanket bond for
10 up to 50 wells; or
11 (D) $100,000 in total covering a blanket bond for
12 up to 100 wells.
13 A blanket bond covering more than 100 wells shall be
14 increased to include the bond amount, as provided in this
15 paragraph (2.5), for the total number of wells more than
16 100 that are covered by the blanket bond. Such bond shall
17 be submitted to the Department before drilling, deepening,
18 converting, or operating any well for which a new or
19 transfer permit is required and that has not previously
20 been plugged and abandoned in accordance with the Act. The
21 Department shall release the bond if any of the following
22 are met:
23 (i) all wells covered by the bond are plugged and
24 all well sites are restored in accordance with this
25 Act and administrative rules;
26 (ii) all wells covered by the bond are transferred
SB3113 Enrolled - 12 - LRB104 19645 BAB 33094 b
1 in accordance with this Act and administrative rules;
2 or
3 (iii) the permittee pays assessments to the
4 Department in accordance with Section 19.7 of this Act
5 for 5 consecutive years from the date of issuance of a
6 permit after the effective date of this amendatory Act
7 of the 104th General Assembly and the permittee is not
8 in violation of this Act or any administrative rules.
9 In lieu of a surety bond, the applicant may provide
10 certificates of deposit or irrevocable letters of credit
11 under such terms and conditions as the Department may
12 provide by rule.
13 The sureties on all bonds in effect on this amendatory
14 Act of the 104th General Assembly shall remain liable as
15 sureties in accordance with their undertakings until
16 released by the Department from further liability under
17 the Act. The principal on each bond in effect on the
18 effective date of this amendatory Act of the 104th General
19 Assembly shall be released from the obligation of
20 maintaining the bond if the well covered by a surety bond
21 has been plugged and the well site restored in accordance
22 with the Department's rules or the principal of the surety
23 has paid the initial assessment in accordance with Section
24 19.7 and no well or well site covered by the surety bond is
25 in violation of the Act.
26 No permit shall be issued to a corporation
SB3113 Enrolled - 13 - LRB104 19645 BAB 33094 b
1 incorporated outside of Illinois until the corporation has
2 been authorized to do business in Illinois.
3 No permit shall be issued to an individual,
4 partnership, or other unincorporated entity that is not a
5 resident of Illinois until that individual, partnership,
6 or other unincorporated entity has irrevocably consented
7 to be sued in Illinois.
8 (3) To require the person assigning, transferring, or
9 selling any well for which a permit is required under this
10 Act to notify the Department of the change of ownership.
11 The notification shall be on a form prescribed by the
12 Department, shall be executed by the current permittee and
13 by the new permittee, or their authorized representatives,
14 and shall be filed with the Department within 30 days
15 after the effective date of the assignment, transfer or
16 sale. Within the 30-day 30 day notification period and
17 prior to operating the well, the new permittee shall pay
18 the required well transfer fee and, where applicable, file
19 with the Department the bond required under subsection
20 (2.5) of this Section.
21 (4) To require the filing with the State Geological
22 Survey of all geophysical logs, a well drilling report and
23 drill cuttings or cores, if cores are required, within 90
24 days after drilling ceases; and to file a completion
25 report with the Department within 30 days after the date
26 of first production following initial drilling or any
SB3113 Enrolled - 14 - LRB104 19645 BAB 33094 b
1 reworking, or after the plugging of the well, if a dry
2 hole. A copy of each completion report submitted to the
3 Department shall be delivered to the State Geological
4 Survey. The Department and the State Geological Survey
5 shall keep the reports confidential, if requested in
6 writing by the permittee, for 2 years after the date the
7 permit is issued by the Department. This confidentiality
8 requirement shall not prohibit the use of the report for
9 research purposes, provided the State Geological Survey
10 does not publish specific data or identify the well to
11 which the completion report pertains.
12 (5) To prevent "blowouts", "caving" and "seepage" in
13 the same sense that conditions indicated by such terms are
14 generally understood in the oil and gas business.
15 (6) To prevent fires.
16 (7) To ascertain and identify the ownership of all oil
17 and gas wells, producing leases, refineries, tanks,
18 plants, structures, and all storage and transportation
19 equipment and facilities.
20 (8) To regulate the use of any enhanced recovery
21 method in oil pools and oil fields.
22 (9) To regulate or prohibit the use of vacuum,
23 including charging a vacuum permit application fee of up
24 to $300 per permit.
25 (10) To regulate the spacing of wells, the issuance of
26 permits, and the establishment of drilling units.
SB3113 Enrolled - 15 - LRB104 19645 BAB 33094 b
1 (11) To regulate directional drilling of oil or gas
2 wells.
3 (12) To regulate the plugging of wells.
4 (13) To require that wells for which no logs or
5 unsatisfactory logs are supplied shall be completely
6 plugged with cement from bottom to top.
7 (14) To require a description in such form as is
8 determined by the Department of the method of well
9 plugging for each well, indicating the character of
10 material used and the positions and dimensions of each
11 plug.
12 (15) To prohibit waste, as defined in this Act.
13 (16) To require the keeping of such records, the
14 furnishing of such relevant information and the
15 performance of such tests as the Department may deem
16 necessary to carry into effect the purposes of this Act.
17 (17) To regulate the disposal of salt or
18 sulphur-bearing water and any oil field waste produced in
19 the operation of any oil or gas well.
20 (18) To prescribe rules, conduct inspections and
21 require compliance with health and safety standards for
22 the protection of persons working underground in
23 connection with any oil and gas operations. For the
24 purposes of this paragraph, oil and gas operations include
25 drilling or excavation, production operations, plugging or
26 filling in and sealing, or any other work requiring the
SB3113 Enrolled - 16 - LRB104 19645 BAB 33094 b
1 presence of workers in shafts or excavations beneath the
2 surface of the earth. Rules promulgated by the Department
3 may include minimum qualifications of persons performing
4 tasks affecting the health and safety of workers
5 underground, minimum standards for the operation and
6 maintenance of equipment, and safety procedures and
7 precautions, and shall conform, as nearly as practicable,
8 to corresponding qualifications, standards and procedures
9 prescribed under the Coal Mining Act.
10 (19) To deposit the amount of any forfeited surety
11 bond or other security in the Plugging and Restoration
12 Fund, a special fund in the State treasury which is hereby
13 created; to deposit into the Fund any amounts collected,
14 reimbursed or recovered by the Department under Sections
15 19.5, 19.6 and 19.7 of this Act; to accept, receive, and
16 deposit into the Fund any grants, gifts or other funds
17 which may be made available from public or private sources
18 and all earnings received from investment of monies in the
19 Fund; and to make expenditures from the Fund for the
20 purposes of plugging, replugging or repairing any well,
21 and restoring the site of any well, determined by the
22 Department to be abandoned or ordered by the Department to
23 be plugged, replugged, repaired or restored under Sections
24 8a, 19 or 19.1 of this Act, including expenses in
25 administering the Fund.
26 For the purposes of this Act, the State Geological Survey
SB3113 Enrolled - 17 - LRB104 19645 BAB 33094 b
1 shall co-operate with the Department in making available its
2 scientific and technical information on the oil and gas
3 resources of the State, and the Department shall in turn
4 furnish a copy to the State Geological Survey of all drilling
5 permits as issued, and such other drilling and operating data
6 received or secured by the Department which are pertinent to
7 scientific research on the State's mineral resources.
8 (Source: P.A. 104-150, eff. 1-1-26.)
9 (225 ILCS 725/8a) (from Ch. 96 1/2, par. 5413)
10 Sec. 8a. When an inspector or other authorized employee or
11 agent of the Department determines that any permittee, or any
12 person engaged in conduct or activities required to be
13 permitted under this Act, is in violation of any requirement
14 of this Act or the rules adopted hereunder or any permit
15 condition, or has falsified or otherwise misstated any
16 information on or relative to any application, permit,
17 required record, or other document required to be submitted to
18 the Department by this Act or any rules or procedures adopted
19 under this Act, a notice of violation shall be completed and
20 delivered to the Director or his designee.
21 The notice shall contain:
22 1. the nature of the violation;
23 2. the action needed to abate the violation, including
24 any appropriate remedial measures to prevent future
25 violation such as replacement, repair, testing and
SB3113 Enrolled - 18 - LRB104 19645 BAB 33094 b
1 reworking a well and any appurtenances and equipment;
2 3. the time within which the violation is to be
3 abated; and
4 4. any factors known to the person completing the
5 notice of violation in aggravation or mitigation and the
6 existence of any factors indicating that the permit should
7 be conditioned or modified.
8 Upon receipt of a notice of violation, the Director shall
9 conduct his investigation and may affirm, vacate or modify the
10 notice of violation. In determining whether to take actions in
11 addition to remedial action necessary to abate a violation,
12 the Director shall consider the person's or permittee's
13 history of previous violations including violations at other
14 locations and under other permits, the seriousness of the
15 violation including any irreparable harm to the environment or
16 damage to property, the degree of culpability of the person or
17 permittee and the existence of any additional conditions or
18 factors in aggravation or mitigation including information
19 provided by the person or permittee.
20 The Director shall serve the person or permittee with his
21 decision at the conclusion of the investigation. Modification
22 of the notice of violation may include:
23 1. any different or additional remedial action
24 required to abate the violation and the time within which
25 the violation must be abated;
26 2. the assessment of civil penalties not to exceed
SB3113 Enrolled - 19 - LRB104 19645 BAB 33094 b
1 $5,000 for each and every falsification or misstatement of
2 information and civil penalties not to exceed $4,000 per
3 and $1,000 a day for each and every act of violation not
4 including a falsification or misstatement of information;
5 3. probationary or permanent modification or
6 conditions on the permit which may include special
7 monitoring or reporting requirements; and
8 4. revocation of the permit.
9 The Director's decision shall provide that the person or
10 permittee has the right to request a hearing.
11 The Director's decision affirming, vacating or modifying
12 the notice of violation shall be considered served when mailed
13 by first class mail to the person or permittee at his last
14 known address.
15 A person or permittee shall have 30 days from the date of
16 service of the Director's decision to request a hearing. If
17 the Director's decision includes the assessment of a civil
18 penalty, the person or permittee charged with the penalty
19 shall pay the penalty in full or, if the person or permittee
20 wishes to contest either the amount of the penalty or the fact
21 of the violation, submit the assessed amount, with the request
22 for a hearing, to be held in escrow. The filing of a request
23 for a hearing shall not operate as a stay of the Director's
24 decision. All civil penalties finally assessed and paid to the
25 Department shall be deposited in the Underground Resources
26 Conservation Enforcement Fund.
SB3113 Enrolled - 20 - LRB104 19645 BAB 33094 b
1 Any person who willfully or knowingly authorized, ordered,
2 or carried out any violation cited in the Director's decision
3 shall be subject to the same actions, including civil
4 penalties, which may be imposed on the person or permittee
5 under this Section.
6 Upon receipt of a request, the Department shall provide an
7 opportunity for a formal hearing upon not less than 5 days
8 notice. The hearing shall be conducted by the Director or
9 anyone designated by him for such purpose, and shall be
10 located and conducted in accordance with the rules of the
11 Department. Failure of the person or permittee to timely
12 request a hearing or, if a civil penalty has been assessed, to
13 timely tender the assessed civil penalty, shall constitute a
14 waiver of all legal rights to contest the Director's decision,
15 including the amount of any civil penalty. Within 30 days of
16 the close of the hearing record or expiration of the time to
17 request a hearing, the Department shall issue a final
18 administrative order.
19 If, at the expiration of the period of time originally
20 fixed in the Director's decision or in any subsequent
21 extension of time granted by the Department, the Department
22 finds that the violation has not been abated, it may
23 immediately order the cessation of operations or the portions
24 thereof relevant to the violation. Such cessation order shall
25 be served in the manner and within the time prescribed in
26 Section 19.1 of this Act.
SB3113 Enrolled - 21 - LRB104 19645 BAB 33094 b
1 Pending the holding of any hearing or entry of a final
2 administrative order under this Section, the person or
3 permittee to whom the cessation order was issued may file a
4 written request for temporary relief subject to the same terms
5 and conditions as are provided for in Section 19.1 of this Act.
6 If the Department finds that a person or permittee has
7 failed to comply with a final administrative order, the
8 Department may immediately order the cessation of operations
9 or the portions thereof relevant to the final administrative
10 order. Such cessation order shall be served in the manner and
11 within the time prescribed in Section 19.1 of this Act. The
12 Department shall commence a hearing within 5 days after
13 issuance of a cessation order and shall conclude such hearing
14 without appreciable delay. At the hearing the Department shall
15 have the burden of proving that the person or permittee has not
16 complied with the final administrative order. A cessation
17 order issued under this paragraph shall continue in effect
18 until modified, vacated, or terminated by the Department.
19 The Department shall refuse to issue a permit or permits,
20 and shall revoke any permit or permits previously issued if:
21 (1) the applicant has falsified or otherwise misstated
22 any information on or relative to the permit application;
23 (2) the applicant has failed to abate a violation of
24 the Act specified in a final administrative decision of
25 the Department;
26 (3) an officer, director, partner, or person with an
SB3113 Enrolled - 22 - LRB104 19645 BAB 33094 b
1 interest in the applicant exceeding 5% failed to abate a
2 violation of the Act specified in a final administrative
3 decision of the Department; or
4 (4) the applicant is an officer, director, partner, or
5 person with an interest exceeding 5% in another entity
6 that has failed to abate a violation of the Act specified
7 in a final administrative decision of the Department.
8 (Source: P.A. 99-137, eff. 1-1-16.)
9 (225 ILCS 725/8e)
10 Sec. 8e. Temporary abandonment status fees.
11 (a) The Department shall assess and collect annual fees of
12 $100 per well for each well that is in temporary abandonment
13 status.
14 (b) All annual fees collected pursuant to subsection (a)
15 shall be deposited into the Plugging and Restoration Fund, and
16 one-half of all such deposited fees shall be used solely for
17 the Landowner Grant Program. deposited as follows: (1)
18 one-half of all such fees shall be placed in the Plugging and
19 Restoration Fund; and (2) one-half of all such fees shall be
20 placed in the Landowner Grant Program.
21 (Source: P.A. 102-1017, eff. 1-1-23.)
22 (225 ILCS 725/14) (from Ch. 96 1/2, par. 5420)
23 Sec. 14. Each application for a permit to drill, deepen,
24 convert, or amend shall be accompanied by the required fee of
SB3113 Enrolled - 23 - LRB104 19645 BAB 33094 b
1 $400. The fee for an application for a permit to oil lease road
2 shall be $150. A fee of $75 for the first 100 wells and $50 for
3 each well in excess of 100 shall be paid by the new owner for
4 each transfer of well ownership. Except for the assessments
5 required to be deposited in the Plugging and Restoration Fund
6 under Section 19.7 of this Act and any other deposits required
7 to be deposited in the Plugging and Restoration Fund under
8 this Act, all fees assessed and collected under this Act shall
9 be deposited in the Underground Resources Conservation
10 Enforcement Fund. The moneys monies deposited into the
11 Plugging and Restoration Fund or the Underground Resources
12 Conservation Enforcement Fund under this Section or deposited
13 into the Plugging and Restoration Fund under Section 26 shall
14 not be subject to administrative charges or chargebacks unless
15 otherwise authorized by this Act.
16 On and after July 1, 2022, any fees that are created by or
17 increased by this amendatory Act of the 102nd General Assembly
18 in this Section shall be deposited into the Plugging and
19 Restoration Fund.
20 (Source: P.A. 102-1017, eff. 1-1-23.)
21 (225 ILCS 725/26) (from Ch. 96 1/2, par. 5456)
22 Sec. 26. (a) Any person who violates any provision of this
23 Act or any valid rule, regulation, permit or order of the
24 Department made hereunder, or who repeats or continues the
25 violation thereof, shall be subject to a civil penalty not to
SB3113 Enrolled - 24 - LRB104 19645 BAB 33094 b
1 exceed:
2 (1) $1,000 a day for each and every act of violation
3 lasting 90 days or less.
4 (2) $2,000 a day for any violation lasting more than
5 90 days but less than 180 days.
6 (3) $4,000 a day for any violation lasting 180 days or
7 more.
8 Any civil penalties that are assessed in excess of $1,000
9 per day shall be deposited into the Plugging and Restoration
10 Fund.
11 Civil penalties may not be assessed until notice has been
12 sent to the permittee. Such notice may be sent electronically
13 at the time the notice of violation is sent to the Springfield
14 office of the Department.
15 A permittee may notify the Department if an extraordinary
16 circumstance prevents abatement of a violation for which civil
17 penalties are sought to be assessed against the permittee. If
18 the permittee notifies the Department, the permittee shall
19 then provide evidence of the extraordinary circumstance to the
20 Department, as set forth by rule. The assessment of a civil
21 penalty shall not begin until the extraordinary circumstance
22 terminates, as set forth by rule. The process to declare an
23 extraordinary circumstance, the Department's review and
24 approval of the extraordinary circumstance, and any appeal of
25 the Department's determination shall be set by rule. An
26 extraordinary circumstance shall include, but not be limited
SB3113 Enrolled - 25 - LRB104 19645 BAB 33094 b
1 to, roads being posted with a weight limit that prevents the
2 movement of equipment, wet field conditions that prevent
3 mitigation activities, or flooding that prevents the movement
4 of equipment for the abatement.
5 (b) Any person willfully wilfully aiding or abetting any
6 other person in the violation of any provision of this Act, or
7 any rule, regulation and order made hereunder, shall be
8 subject to the same penalties as are prescribed herein for the
9 violation by such other person.
10 (Source: P.A. 85-1334.)Every fact on this page links to its source, starting with the official bill record.