415 ILCS 5/59.5 — Illinois Code / Chapter 415 / Act 5 / Section 59.5
Section 59.5
Status: in_force

(415 ILCS 5/59.5) (Text of Section before amendment by P.A. 104-119) Sec. 59.5. Prohibitions. (a) No person shall conduct a carbon sequestration activity without a permit issued by the Agency under Section 59.6. This prohibition does not apply to any carbon sequestration activity in existence and permitted by the United States Environmental Protection Agency on or before the effective date of this amendatory Act of the 103rd General Assembly or to any Class VI well for which (1) a Class VI well permit has been filed with the United States Environmental Protection Agency and a completeness determination had been received prior to January 1, 2023, and (2) the sequestration activity will occur on a contiguous property with common ownership where the carbon dioxide is generated, captured, and injected. (b) No person shall conduct a carbon sequestration activity in violation of this Act. (c) No person shall conduct a carbon sequestration activity in violation of any applicable rules adopted by the Pollution Control Board. (d) No person shall conduct a carbon sequestration activity in violation of a permit issued by the Agency under this Act. (e) No person shall fail to submit reports required by this Act or required by a permit issued by the Agency under this Act. (f) No person shall conduct a carbon sequestration activity without obtaining an order for integration of pore space from the Department of Natural Resources, if applicable. (Source: P.A. 103-651, eff. 7-18-24.) (Text of Section after amendment by P.A. 104-119) Sec. 59.5. Prohibitions. (a) No person shall conduct a carbon sequestration activity without a permit issued by the Agency under Section 59.6. This prohibition does not apply to any carbon sequestration activity in existence and permitted by the United States Environmental Protection Agency on or before the effective date of this amendatory Act of the 103rd General Assembly or to any Class VI well for which (1) a Class VI well permit has been filed with the United States Environmental Protection Agency and a completeness determination had been received prior to January 1, 2023, and (2) the sequestration activity will occur on a contiguous property with common ownership where the carbon dioxide is generated, captured, and injected. (b) No person shall conduct a carbon sequestration activity in violation of this Act. (c) No person shall conduct a carbon sequestration activity in violation of any applicable rules adopted by the Pollution Control Board. (d) No person shall conduct a carbon sequestration activity in violation of a permit issued by the Agency under this Act. (e) No person shall fail to submit reports required by this Act or required by a permit issued by the Agency under this Act. (f) No person shall conduct a carbon sequestration activity without obtaining an order for integration of pore space from the Department of Natural Resources, if applicable. (g) No person shall conduct a carbon sequestration activity within a sequestration facility that overlies, underlies, or passes through a sole source aquifer. Nothing in this subsection deprives the Agency of authority to deny a carbon sequestration permit. (Source: P.A. 103-651, eff. 7-18-24; 104-119, eff. 1-1-26.)