Illinois Administrative Code › Title 62 - MINING › Part 240 - THE ILLINOIS OIL AND GAS ACT › Subpart H - LEASE OPERATING REQUIREMENTS › Section 240.875 - Leaking Previously Plugged Well

Current through Register Vol. 48, No. 28, July 12, 2024
AGENCY NOTE: For purposes of subsections (b) and (d),
				  "permittee" means the last permittee of record for the well when the well was
				  last plugged if that permittee undertakes the actions required by this Section,
				  or means the current permittee of the lease where the leaking well is located
				  if the last permittee does not undertake the required actions.
a) When any fluids are potentially leaking
				into the freshwater zones or to the surface as determined by geologic and field
				investigation through a well plugged under the supervision of the Department,
				the Department shall notify the last permittee of record for the well when the
				well was last plugged. The last permittee shall then undertake the necessary
				actions to comply with the provisions of this Section. If the last permittee is
				no longer in existence, cannot be located, does not take the necessary actions,
				or does not diligently pursue the necessary actions, the current permittee of
				the lease where the well is located shall take the necessary actions. The
				current permittee, if required to undertake any containment or plugging
				operations pursuant to this Section, shall have a right of action against the
				last permittee of record for the well when the well was last plugged for the
				reasonable cost and expense incurred in plugging, replugging, repairing or
				restoring the well, and shall have a lien enforceable upon the interest of the
				obligated persons in accordance with Section 19.5 of the Act. Pending plugging
				of the well, all injection wells within a 1/4 mile radius of the leaking well
				shall be shut in until the leaking well is plugged. The leaking or previously
				leaking well shall be plugged regardless of well status at the time of
				plugging.
b) Within 24 hours after
				notification by the Department of the leaking well, the permittee shall take
				all necessary actions required to contain the leaking well fluids to prevent
				any further migration and environmental damage until the well is properly
				plugged and restored. These actions may include, but are not limited to, the
				digging of containment pits and/or building containment dikes to collect and
				contain the leaking fluids, hauling and disposing of the collected fluids, and
				use of absorbent materials to pick up leaking fluids. All collected and
				contained fluids shall be properly disposed of in a permitted Class II
				injection well. All used absorbent materials shall be disposed of in accordance
				with Section
				240.891(b).
c) If the current permittee of the lease is
				required to undertake any containment actions and does not take the required
				actions to contain the leaking fluids within 24 hours after notification by the
				Department, or within the time frame of any extensions granted by the
				Department because of extenuating circumstances such as weather conditions, the
				current permittee shall not operate any wells on the lease where the leaking
				well is located until all required actions have been taken and may be issued a
				Notice of Violation and assessed a civil penalty in accordance with Section
				240.160(c).
d) Within 90 days after notification by the
				Department of the leaking well, or within the time frame of any extensions
				granted by the Department because of extenuating circumstances, including but
				not limited to weather conditions or the non-availability of plugging equipment
				or downhole construction or conditions, the permittee shall properly plug and
				restore the leaking well in the presence of a Department well
				inspector.
e) If the current
				permittee is required to undertake any plugging operations and does not plug
				the leaking well within 90 days after notification by the Department, or within
				the time frame of any extensions granted by the Department, the current
				permittee shall not operate any wells on the lease where the leaking well is
				located until the leaking well has been properly plugged and restored in the
				presence of a Department well inspector.