20 ILCS 1108/15 — Illinois Code / Chapter 20 / Act 1108 / Section 15
Section 15
Status: in_force

(20 ILCS 1108/15) Sec. 15. Definitions. For the purposes of this Act: "Agency" means the Illinois Environmental Protection Agency or the United States Environmental Protection Agency depending upon which agency has primacy for the CO 2 injection permit. "Captured CO 2 " means CO 2 and other trace chemical constituents approved by the Agency for injection into the Mount Simon Formation. "Carbon capture and storage" means the process of collecting captured CO 2 from coal combustion by-products for the purpose of injecting and storing the captured CO 2 for permanent storage. "Carbon dioxide" or "CO 2 " means a colorless, odorless gas in the form of one carbon and 2 oxygen atoms that is the principal greenhouse gas. "Department" means the Department of Commerce and Economic Opportunity. "Director" means the Director of Commerce and Economic Opportunity. "Federal Department" means the federal Department of Energy. "FutureGen Alliance" is a 501(c)(3) non-profit consortium of coal and energy producers created to benefit the public interest and the interest of science through the research, development, and demonstration of near zero-emission coal technology, with the cooperation of the Federal Department. "FutureGen Project" means the public-private partnership between the Federal Department, the FutureGen Alliance, and other partners that will control captured CO 2 and will construct and operate a pipeline and storage field for captured CO 2 . "Mount Simon Formation" means the deep sandstone reservoir into which the sequestered CO 2 is to be injected at a depth greater than 3,500 feet below ground surface and that is bounded by the granitic basement below and the Eau Claire Shale above. "Operator" means the FutureGen Alliance and its member companies, including their parent companies, subsidiaries, affiliates, directors, officers, employees, and agents, or a not-for-profit successor-in-interest approved by the Department. "Operations phase" means the period of time during which the Operator injects and simultaneously monitors CO 2 into the Mount Simon Formation in accordance with its permit approved by the Agency for the FutureGen Project. "Post-injection" means after the captured CO 2 has been successfully injected into the wellhead at the point at which the captured CO 2 is transferred into the wellbore for carbon sequestration and storage into the Mount Simon Formation. "Pre-injection" means all activities and occurrences prior to successful delivery into the wellhead at the point at which the captured CO 2 is transferred into the wellbore for carbon sequestration and storage into the Mount Simon Formation, including but not limited to, the operation of the FutureGen Project. "Public liability" means any civil legal liability arising out of or resulting from the storage, escape, release, or migration of the sequestered CO 2 that was injected by the Operator. The term "public liability", however, does not include any legal liability arising out of or resulting from the construction, operation, or other pre-injection activity of the Operator or any other third party. "Public liability action" or "action" means a written demand, lawsuit, or claim from any third party received by the Operator seeking a remedy or alleging liability on behalf of Operator resulting from any public liability and is limited to such written demands, claims, or lawsuits asserting claims for property damages, personal or bodily injury damages, environmental damages, or trespass. "Sequestered CO 2 " means the captured CO 2 from the FutureGen Project operations that is injected into the Mount Simon Formation by the Operator. (Source: P.A. 97-618, eff. 10-26-11.)