reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 62 - MINING › Part 245 - HYDRAULIC FRACTURING REGULATORY ACT › Subpart A - GENERAL PROVISIONS › Section 245.120 - Permit Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
a) A
person may not
conduct
high volume horizontal
				hydraulic fracturing operations, drill, deepen, convert a horizontal well in
				this State where high volume horizontal hydraulic fracturing operations are
				planned or occurring, or convert a vertical well into a horizontal well where
				high volume horizontal hydraulic fracturing operations are planned in this
				State, unless the person
is registered with the Department,
has been issued a permit by the Department under this Part, and has
				obtained all applicable authorizations required by the Illinois Oil and Gas
				Act
(Section 1-30(a) of the Act).
b)
If multiple wells are to be
				stimulated using high volume horizontal hydraulic fracturing operations from a
				single well site, then a separate permit shall be obtained for each well at
				the
well
site
. (Section 1-30(b) of the Act)
c) A permittee may not conduct HVHHF
				operations that deviate from the terms of the permit, unless the permittee
				obtains a modification of the permit under Section
				245.330.
d) A person may not operate a well where
				HVHHF operations were previously permitted or conducted pursuant to a permit
				issued to another, unless the person is registered with the Department and
				obtains a transfer of the permit under Section
				245.350.
Illinois Administrative Code › Title 62 - MINING › Part 245 - HYDRAULIC FRACTURING REGULATORY ACT › Subpart B - REGISTRATION AND PERMITTING PROCEDURES › Section 245.200 - Registration Procedures

Current through Register Vol. 48, No. 28, July 12, 2024
a)
Every applicant for a permit under this
Part
shall
				first register with the Department at least 30 days before applying for a
				permit,
using a registration form provided by the Department. (Section
				1-35(a) of the Act)
b)
The
				registration form:
1)
shall
				require the following information
(Section 1-35(a) of the Act):
A)
the name
and
address of the registrant
, the registrant's legal status
				(individual, partnership, corporation or other), and the name, address and
				legal status of
any parent, subsidiary, or affiliate
of the
				registrant (Section 1-35(a)(1) of the Act);
B)
disclosure of all findings of a
				serious violation or an equivalent violation
as defined in Section
				245.110,
				or all findings
under federal, Illinois or other state laws or
				regulations in the development or operation of an oil or gas exploration or
				production site via hydraulic fracturing by the
registrant
or
				any parent, subsidiary, or affiliate of the registrant within the previous 5
				years
(Section 1-35(a)(2) of the Act);
C)
proof of insurance to cover
				injuries, damages, or loss related to pollution or diminution in the amount of
				at least $5,000,000
per occurrence,
from an insurance carrier
				authorized, licensed, or permitted to do this insurance business in this State
				that holds at least an A- rating by A.M. Best & Co. or any comparable
				rating service
(Section 1-35(a)(3) of the Act).
Illinois Administrative Code › Title 62 - MINING › Part 245 - HYDRAULIC FRACTURING REGULATORY ACT › Subpart B - REGISTRATION AND PERMITTING PROCEDURES › Section 245.220 - Permit Bonds or Other Collateral Securities

Current through Register Vol. 48, No. 28, July 12, 2024
a) No person shall be allowed to construct,
				drill, operate, perform HVHHF operations, or produce from a well for which a
				permit is necessary under this Part if that well is not covered and protected
				by a bond or other collateral securities as required by this Section.
b) All applicants
for a permit under
				this
Part, and persons requesting permit transfers,
shall
				provide a bond
at the time of filing an application for permit
				pursuant to Section
				245.210
				or at the time of filing a request for transfer of permit pursuant to Section
				245.340.
The bond shall be in the amount of $50,000 per permit or a blanket bond
				of $500,000 for all permits.
(Section 1-65(a) of the Act) All bonds
				must meet the following requirements during the permit application process and
				through the entire term of an issued permit until the bond is released as
				provided by subsection (d):
1) Bonds shall be
				signed by the permittee as principal and by a good and sufficient corporate
				surety legally authorized to transact business as a surety in
				Illinois.
2) Each bond shall
				provide that the bond shall not be cancelled by the surety without at least 90
				days' notice to the Department. Notice shall be served upon the Department in
				writing by registered or certified mail to the Illinois Department of Natural
				Resources, Attention: Office of Oil and Gas Resource Management, One Natural
				Resources Way, Springfield IL 62702.
3) Within the 90-day notice period and before
				the bond is cancelled the permittee shall deliver to the Department a
				replacement bond. If the replacement bond is not delivered, all activities
				covered by the bond shall cease at the expiration of the 90-day notice
				period.
4) If the authority to
				transact business in Illinois of any surety upon which a bond is filed with the
				Department is suspended or revoked, the permittee, within 30 days after
				receiving notice of the suspension/revocation, shall notify the Department and
				shall make substitution by providing a bond or other security as required by
				this Section. Upon the failure of the permittee to make the substitution of
				bond or other security, all activities covered by the bond shall cease until
				substitution has been made.
Illinois Administrative Code › Title 62 - MINING › Part 245 - HYDRAULIC FRACTURING REGULATORY ACT › Subpart B - REGISTRATION AND PERMITTING PROCEDURES › Section 245.230 - Permit Application Receipt and Department Review

Current through Register Vol. 48, No. 28, July 12, 2024
a) All registrants who anticipate filing a
				permit application with the Department shall notify the Office of Oil and Gas
				Resource Management at least 5 business days before the anticipated date of
				filing by both email at DNR.HFApplication@partner.illinois.gov and by telephone
				at 217-782-7756 to advise the Office of the anticipated permit filing. The
				registrant shall provide the name of the applicant and the name and telephone
				number of an applicant contact person in case the Office has any
				questions.
b) In no event will a
				permit application be considered received until after one full business day
				following the delivery to the Department of all the materials required by
				Section
				245.210.
				When the Department has in its possession all of the required materials, the
				Department will promptly check the materials to see that all of the components
				listed in Section
				245.210
				are present and are in such format and detail that the Department will be able
				to review the proposed plans and activities. The Department, before the end of
				the first full business day following delivery, will determine whether the
				components are present and can be subject to permit review. If the Department
				so determines, the application will be considered received effective start of
				business the first full business day following the completeness check, and the
				applicant will be so notified. The determination and notification will in no
				way signify any Department approval of the adequacy of any component of the
				application, or all of it, only its submission and susceptibility to review. If
				the Department, however, determines that the application has any patently or
				facially incomplete or deficient parts or components, the Department will
				promptly notify the applicant that it does not consider the application
				properly submitted or received.
c)
				Upon receipt of a permit application, the Department shall provide
notice to the applicant that the permit application was
				received
(Section 1-40(b) of the Act) and of the following:
1) the review number assigned by the
				Department to the permit application;
2) the date of receipt of the permit
				application;
3) the dates of the
				public comment period on the permit application; and
4) the date, time and address of the public
				hearing and the name of the Hearing Officer scheduled to preside over the
				public hearing for the permit application that will apply should a request for
				public hearing be filed.
Illinois Administrative Code › Title 62 - MINING › Part 245 - HYDRAULIC FRACTURING REGULATORY ACT › Subpart B - REGISTRATION AND PERMITTING PROCEDURES › Section 245.240 - Public and Governmental Notice by the Department

Current through Register Vol. 48, No. 28, July 12, 2024
a)
Within 5 calendar days after the
				Department's receipt of the high volume horizontal hydraulic
				fracturing
permit
application, the Department shall post
				notice of its receipt and a copy of the permit application on its
				website.
Except for the names and addresses provided in the permit
				application pursuant to Section
				245.210(a)(1) and
				(b)(4), all other names and addresses of
				individuals provided in the permit application shall be considered confidential
				and shall not be posted on the Department's website.
The notice shall
				include
(Section 1-40(a) of the Act):
1) the date the application was received by
				the Department;
2)
the
				dates of the public comment period
(Section 1-40(a) of the Act) for
				the permit application;
3)
directions for interested parties to submit comments
(Section
				1-40(a) of the Act) or
objections
(Section 1-50(a) of the
				Act);
4) the review numbers
				assigned by the Department to the permit application;
5) the date, time and address of the public
				hearing and the name and mailing address of the Hearing Officer scheduled to
				preside over the public hearing on the permit application should a request for
				public hearing be filed; and
6)
				directions for
any person having an interest that is or may be
				adversely affected, any government agency that is or may be affected, or the
				county board of a county to be affected under a proposed permit
on how
				and when to request a public hearing on the permit application (Section 1-50(a)
				of the Act).
Illinois Administrative Code › Title 62 - MINING › Part 245 - HYDRAULIC FRACTURING REGULATORY ACT › Subpart B - REGISTRATION AND PERMITTING PROCEDURES › Section 245.250 - Public and Governmental Notice by the Permit Applicant

Current through Register Vol. 48, No. 28, July 12, 2024
a)
The applicant shall provide the
				following public
and governmental
notice
(Section
				1-40(c) of the Act):
1)
Applicants
				shall mail specific public notice by U.S. Postal Service certified mail, return
				receipt requested, within 3 calendar days after submittal of the high volume
				horizontal hydraulic fracturing permit application to the Department
				to
:
A)
all persons
				identified
in Section
				245.210(a)(16)
as
owners
of
any
real
				property
surface interest
within 1,500 feet of the proposed
				well site
as disclosed by the records in the office of the
				recorder of the county or counties
;
B) the governing body of
each
				municipality in which the well is proposed to be located;
				and
C) the county board of
each county in which the well is proposed to be located
.
				(Section 1-40(c)(1) of the Act)
Illinois Administrative Code › Title 62 - MINING › Part 245 - HYDRAULIC FRACTURING REGULATORY ACT › Subpart B - REGISTRATION AND PERMITTING PROCEDURES › Section 245.260 - Public Comment Periods

Current through Register Vol. 48, No. 28, July 12, 2024
a)
The
initial
public comment period shall begin 7
				calendar days after the Department's receipt of the permit application and last
				for 30 calendar days
(Section 1-45(a) of the Act).
During
the initial
public comment period, any person
				may file written comments to the Department concerning any portion of the
				permit application and any issue relating to the applicant's compliance with
				the requirements of the Act
(Section 1-45(c) of the Act), this Part,
				the Illinois Oil and Gas Act and the administrative rules promulgated under
				that Act.
b) When
a public
				hearing is conducted under Section
245.270,
the Department
shall
provide for an additional public
				comment period to allow for comments in response
only
to
				evidence and testimony presented at the hearing. The additional public comment
				period shall begin on the day after the
close of the evidence at the
public hearing
and last
for
not more than 15
				days, taking into consideration that the Department shall have no more than 60
				days from the date it receives the permit application to approve or reject the
				permit application. (Sections 1-45(b) and 1-35(i) of the Act)
c) Written public comments may be filed via
				mail or electronically.
1) Written public
				comments may be mailed to the Department at Illinois Department of Natural
				Resources, Attention: Oil and Gas Regulatory Staff, One Natural Resources Way,
				Springfield IL 62702.
2) Written
				public comments may be sent electronically to the Department based on the
				information provided in the Department's notice posted on its
				website.
Illinois Administrative Code › Title 62 - MINING › Part 245 - HYDRAULIC FRACTURING REGULATORY ACT › Subpart C - PERMIT DECISIONS › Section 245.300 - Permit Decision

Current through Register Vol. 48, No. 28, July 12, 2024
a)
The Department shall have no more than 60 calendar days from the date
				it receives the permit application to approve, with any conditions the
				Department may find necessary, or reject the application for the high volume
				horizontal hydraulic fracturing permit. The applicant may waive, in writing,
				the 60-day deadline upon its own initiative or in response to a request by the
				Department.
(Section 1-35(i) of the Act)
b)
For the purpose of determining
				whether to issue a permit, the Department shall consider and the Department's
				record of decision shall include
(Section 1-53(b) of the Act):
1)
the application for the high
				volume horizontal hydraulic fracturing permit, including all documentation
				required by Section
245.210
				(Section 1-53(b)(1) of the Act);
2)
all written comments received during the public comment periods and, if
				applicable, the complete record from the public hearing held under
				Section
245.270 (Section
				1-53(b)(2) of the Act), and specifically including the recommended
				findings;
3)
all
supplemental
information provided by the applicant in response
				to
:
A)
any public
				comments
(Section 1-53(b)(3) of the Act);
B) recommended findings of the Hearing
				Officer if a public hearing was held;
C) the requirements of this Part;
				and
D) Department requests for
				information, including any information required or requested to demonstrate
				preparation against the risk of earthquake, flood or other natural
				disaster;
4)
any
				information known to the Department as the public entity responsible for
				regulating high volume horizontal hydraulic fracturing operations
and
				oil and gas operations,
including, but not limited to, inspections of
				the proposed well site as necessary to ensure adequate review of the
				application
(Section 1-53(b)(4) of the Act).
Illinois Administrative Code › Title 62 - MINING › Part 245 - HYDRAULIC FRACTURING REGULATORY ACT › Subpart C - PERMIT DECISIONS › Section 245.310 - Permit Denial

Current through Register Vol. 48, No. 28, July 12, 2024
In addition to failing to meet the requirements of Section
				  245.300(c)(1) through
				  (c)(7),
the Department may
also
refuse to issue a high volume horizontal hydraulic fracturing
				  permit for one or more of the following causes
(Section 1-60(a) of the
				  Act):
a)
providing incorrect,
				misleading, incomplete, or materially untrue information in a permit
				application or any document required to be filed with the Department
during the permit application process (Section 1-60(a)(1) of the
				Act);
b)
using fraudulent,
				coercive, or dishonest practices, or demonstrating incompetence,
				untrustworthiness, or financial irresponsibility in the conduct of business in
				this State or elsewhere
(Section 1-60(a)(4) of the Act);
c)
having a high volume horizontal
				hydraulic fracturing permit, or its equivalent, revoked in any other state,
				province, district, or territory for incurring a material or
				major
violation or using fraudulent or dishonest
				practices
(Section 1-60(a)(5) of the Act)
;
or
d)
an emergency
				condition exists under which conduct of the high volume horizontal hydraulic
				fracturing operations would pose a significant hazard to public
				health,
public safety, property,
aquatic life, wildlife, or
				the environment
(Section 1-60(a)(6) of the Act).
Illinois Administrative Code › Title 62 - MINING › Part 245 - HYDRAULIC FRACTURING REGULATORY ACT › Subpart C - PERMIT DECISIONS › Section 245.320 - Permit Conditions

Current through Register Vol. 48, No. 28, July 12, 2024
a)
Each permit issued by the Department shall require the permittee to
				comply with all provisions of
the
Act
, this Part, the
				Illinois Oil and Gas Act, the administrative rules promulgated under that Act,
and all other applicable local, State, and federal laws, rules, and
				regulations in effect at the time the permit is issued
(Section
				1-55(a) of the Act).
b) The permit
				application and all
plans
, maps, and diagrams
submitted with the application shall be
incorporated into and
				be
conditions of the permit
(Section 1-55(a) of the
				Act).
c) The Department shall
				include any additional terms or conditions on the permit that, based on its
				review of the permit application, the Department determines to be necessary to
				ensure the goals and requirements of the Act and this Part.
d)
A permit
, and all
				conditions to the permit,
issued under this
Part
shall
last
until plugging and restoration in
				compliance with this
Part, the
Act
,
the
				Illinois Oil and Gas Act
, and the administrative rules promulgated
				under that Act
are completed to the Department's satisfaction
(Section 1-55(b) of the Act).
e)
				The permittee shall also be responsible for adjusting to field conditions as
				necessary during well drilling and construction (see Subpart F), HVHHF
				operations, and hydraulic fracturing flowback periods (see Subpart H), to
				ensure protection of public health, public safety, property, wildlife, aquatic
				life, and the environment as long as the actions are adequate and effective to
				comply with the Act, this Part, the Illinois Oil and Gas Act, and the
				administrative rules promulgated under that Act. The actions shall be reported
				to the Department's District Office within 72 hours for the Department's
				determination whether the actions require the filing of an application for
				permit modification pursuant to Section
				245.330.
f A permit and all conditions thereto shall
				continue in full force and effect until the permit is released by the
				Department pursuant to Section
				245.350.
Illinois Administrative Code › Title 62 - MINING › Part 245 - HYDRAULIC FRACTURING REGULATORY ACT › Subpart C - PERMIT DECISIONS › Section 245.330 - Permit Modifications

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Except for the actions allowed pursuant to Section
				245.320(e),
				actions that materially deviate from the original permit require the permit to
				be modified prior to being conducted.
No permit issued under
				this
Part
may be modified without approval of the
				Department
pursuant to this Section (Section 1-55(c) of the
				Act).
b) Applications for permit
				modification shall be made on a Department permit application form and shall
				specifically identify the applicant, the well, and each proposed deviation to
				the original permit.
1) Sections of a permit
				modification application that do not affect or change terms or conditions of,
				or information on, the original permit are not required to be completed, other
				than that information necessary to identify the applicant, operator, well site
				and well. All sections of a permit modification application that are not
				completed will be considered to incorporate the original permit (and original
				permit application) as the content of the permit modification application for
				those sections.
2)
Each
permit modification
application submitted under
				this
Part
shall be signed, under the penalty of perjury, by
				the applicant or the applicant's designee who has been vested with the
				authority to act on behalf of the applicant and has direct knowledge of the
				information contained in the
permit modification
application
				and its attachments
.
Any person signing a
permit
				modification
application shall also sign an affidavit with the
				following certification
:
3)
"I certify, under penalty of
				perjury as provided by law and under penalty of refusal, suspension, or
				revocation of a high volume horizontal hydraulic fracturing permit, that this
				application and all attachments are true, accurate, and complete to the best of
				my knowledge."
(Section 1-35(f) of the Act)
Illinois Administrative Code › Title 62 - MINING › Part 245 - HYDRAULIC FRACTURING REGULATORY ACT › Subpart C - PERMIT DECISIONS › Section 245.340 - Permit Transfers

Current through Register Vol. 48, No. 28, July 12, 2024
a)
No permit may be transferred to another person without approval of the
				Department
(Section 1-55(b) of the Act).
b) A request for permit transfer shall be
				made on a Department form and be signed by the current permittee and the
				proposed new permittee or by individuals authorized to sign for them.
c) Each request for permit transfer shall
				include a $2,000 non-refundable fee. The check shall be made payable to the
				Department.
d) The Department shall
				approve a permit transfer, with any conditions the Department may find
				necessary, only if:
1) the proposed new
				permittee certifies that its registration information provided pursuant to
				Section
				245.200
				is accurate and up to date;
2) the
				permit for the well issued pursuant to the Illinois Oil and Gas Act is approved
				for transfer to the proposed new permittee under the requirements for permit
				transfers under the Illinois Oil and Gas Act administrative rules;
3) the proposed new permittee provides proof
				of insurance that it is insured
to cover injuries, damages or loss
				related to pollution in the amount of at least $5,000,000
(Section
				1-35(b)(19) of the Act);
4) there
				is no good cause to deny the permit transfer under Section
				245.310;
5) the request for permit transfer is
				accompanied by a bond as required by Section
				245.220;
				and
6) there are no outstanding
				unabated violations by either the current or proposed new permittee of this
				Part, the Act, the Illinois Oil and Gas Act, or the administrative rules
				promulgated under that Act, as specified in a final administrative decision by
				the Department.
Illinois Administrative Code › Title 62 - MINING › Part 245 - HYDRAULIC FRACTURING REGULATORY ACT › Subpart C - PERMIT DECISIONS › Section 245.350 - Permit Release

Current through Register Vol. 48, No. 28, July 12, 2024
A permit
issued under this
Part
shall
be released by the Department upon
the
				  Department's satisfaction
that the
plugging
of the
				  well
and restoration
of the well site is completed
in
				  compliance with
the permittee's Plugging and Restoration Plan pursuant
				  to Sections
				  245.210(a)(18)
				   and
				  245.1030,
				  the
Act
,
the Illinois Oil and Gas Act
, and
				  the administrative rules promulgated under that Act. (Section 1-55(b) of the
				  Act).
Illinois Administrative Code › Title 62 - MINING › Part 245 - HYDRAULIC FRACTURING REGULATORY ACT › Subpart C - PERMIT DECISIONS › Section 245.360 - Judicial Review

Current through Register Vol. 48, No. 28, July 12, 2024
All final administrative decisions, including
				  issuance or denial of a permit, made by the Department under this
Part
are subject to judicial review under the Administrative Review Law and
				  rules
adopted under that Law (Section 1-125 of the
				  Act).
Illinois Administrative Code › Title 62 - MINING › Part 245 - HYDRAULIC FRACTURING REGULATORY ACT › Subpart D - WELL SITE PREPARATION › Section 245.410 - Access Roads, Public Roads and Topsoil Conditions

Current through Register Vol. 48, No. 28, July 12, 2024
a)
The access road to the well site
				must be located in accordance with access rights
either obtained by
				agreement with the surface landowner or pursuant to
the
Drilling Operations Act [765 ILCS 530 ]
and located as far as practical
				from occupied structures, places of assembly, and property lines of unleased
				property
(Section 1-70(b)(1) of the Act).
b)
The improvement, construction, or
				repair of a publicly owned highway or roadway, if undertaken by the owner,
				operator, permittee, or any other private entity, shall be performed using
				bidding procedures outlined in the Illinois Department of Transportation rules
				governing local roads and streets or applicable bidding requirements outlined
				in the Illinois Procurement Code
[30 ILCS 500 ]
as though the
				project were publicly funded
(Section 1-70(b)(4) of the
				Act).
c)
Permittees shall
				employ practices for control of fugitive dust related to their operations.
				These practices shall include, but are not limited to, the use of speed
				restrictions, regular road maintenance, and restriction of construction
				activity during high-wind days. Additional management practices such as road
				surfacing, wind breaks and barriers, or automation of wells to reduce truck
				traffic may also be required by the Department
, in consultation with
				the Agency as the Department deems appropriate,
if technologically
				feasible and economically reasonable to minimize fugitive dust
				emissions.
(Section 1-75(e)(10) of the Act)
d)
Unless otherwise approved or
				directed by the Department, all topsoil
and subsoil
stripped
				to facilitate the construction of the well pad
, well site,
and
				access roads must be stockpiled, stabilized
to prevent
				erosion
, and remain on site
. Topsoil is the uppermost layer of
				soil with the darkest color or the highest content of organic matter. The
				topsoil shall be segregated from the subsoil. All soils shall
remain on
				site for use in either partial or final
restoration and
reclamation
pursuant to Subpart J.
In the event it is
				anticipated that the final reclamation shall take place in excess of one year
				from drilling the well, the topsoil may be disposed of in any lawful manner
				provided the
permittee
reclaims the site with topsoil of
				similar characteristics of the topsoil removed.
(Section 1-70(b)(2) of
				the Act)
Illinois Administrative Code › Title 62 - MINING › Part 245 - HYDRAULIC FRACTURING REGULATORY ACT › Subpart E - WELL CONSTRUCTION › Section 245.500 - General Conditions and Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
a)
All wells shall be constructed,
				and casing and cementing activities shall be conducted, in a manner that shall
				provide for control of the well at all times, prevent the migration of oil,
				gas, and other fluids into the fresh water and coal seams, and prevent
				pollution or diminution of fresh water.
(Section 1-70(d) of the
				Act)
b)
At any time, the
				Department, as it deems necessary, may require
construction activities
				in addition to those required by this Part, including but not limited to, the
installation of an additional cemented casing string or strings in the
				well.
(Section 1-70(d)(15) of the Act)
Illinois Administrative Code › Title 62 - MINING › Part 245 - HYDRAULIC FRACTURING REGULATORY ACT › Subpart E - WELL CONSTRUCTION › Section 245.510 - Well Drilling, Storage and Disposal of Drilling Waste

Current through Register Vol. 48, No. 28, July 12, 2024
Drill cuttings, drilling fluids and drilling wastes must be
				  stored and disposed of pursuant to the requirements of this Section and the
				  requirements of the rules promulgated under the Illinois Oil and Gas Act when
				  not in conflict with this Section.
a)
Drill cuttings, drilling fluids, and drilling wastes not containing
				oil-based mud or polymer-based mud may be stored in tanks or pits
(Section 1-75(c)(11) of the Act).
b)
Pits used to store
drill
cuttings,
drilling
fluids, and drilling wastes from
				wells not using fresh water mud shall be subject to the construction standards
				identified in
Section
				245.830 (Reserve
				Pits) (Section 1-75(c)(11) of the Act).
c)
Drill cuttings not contaminated
				with oil-based mud or polymer-based mud may be
				disposed
of
on property
subject to
				the
written
approval of the Department
and the
				surface landowner (Section 1-75(c)(11) of the Act).
d)
Drill cuttings contaminated with
				oil-based mud or polymer-based mud shall be
				disposed
of
in an Agency permitted special waste
				landfill or other offsite location in accordance with applicable law. (Section
				1-75(c)(11) of the Act). (See 62 Ill. Adm. Code
				240.540(a).)
e)
Disposal of drill cuttings or
				fluid
down the annulus of any well
is prohibited
(Section 1-75(c)(11) of the Act).
f) Anything in subsections (a) through (e)
				notwithstanding, the drilling fluid, drilling cuttings and drilling waste from
				any black shale zones shall be tested for radioactivity, and if above the
				levels identified in this Part, disposed of in accordance with the radioactive
				materials management strategy set forth in Section
				245.210(b)(7).
				Drilling fluid, drilling cuttings and drilling waste from any black shale zones
				that test positive for levels of radioactive contamination shall not be stored
				in open pits.
Illinois Administrative Code › Title 62 - MINING › Part 245 - HYDRAULIC FRACTURING REGULATORY ACT › Subpart E - WELL CONSTRUCTION › Section 245.520 - Cement Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
All cementing activities for well construction shall meet the
				  requirements of this Section.
a)
Cement must conform to
the industry standards set forth in the
				document referenced in Section
				245.115(a)(1).
				(Section 1-70(d)(4) of the Act)
b)
				Cement
slurry must be prepared to minimize its free water content in
				accordance with the industry standards
set forth in the document
				referenced in Section
				245.115(a)(1).
				(Section 1-70(d)(4) of the Act)
c)
				Cement activities shall be designed and constructed in a manner to:
1)
secure the casing in the
				wellbore
(Section 1-70(d)(4)(A) of the Act);
2)
isolate and protect fresh
				groundwater
(Section 1-70(d)(4)(B) of the Act);
3)
isolate abnormally pressured
				zones, lost circulation zones, and any potential flow zones, including
				hydrocarbon and fluid-bearing zones
(Section 1-70(d)(4)(C) of the
				Act);
4)
properly control
				formation pressure and any pressure from drilling, completion and
				production
(Section 1-70(d)(4)(D) of the Act);
5)
protect the casing from corrosion
				and degradation
(Section 1-70(d)(4)(E) of the Act); and
6)
prevent gas flow in the
				annulus
(Section 1-70(d)(4)(F) of the Act).
Illinois Administrative Code › Title 62 - MINING › Part 245 - HYDRAULIC FRACTURING REGULATORY ACT › Subpart E - WELL CONSTRUCTION › Section 245.530 - Surface Casing Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
Surface casing shall be used in the construction of all wells
				  regulated by this Part and shall be set and cemented pursuant to the
				  requirements of this Section.
a)
Surface casing shall be used and set to a depth of at least 200 feet,
				or 100 feet below the base of the deepest fresh water, whichever is
				deeper.
Surface casing must stop before reaching
any
				hydrocarbon-bearing zones.
(Section 1-70(d)(10) of the Act) If the
				surface casing does not protect all of the fresh water, intermediate casing
				shall be required.
b)
Surface casing
must be made of steel and
conform to
				the industry standards
set forth in the document referenced in Section
				245.115(a)(2)
. Additionally, the use of surface casing in the well construction must
				be in a manner consistent with the industry standards
set forth in the
				document referenced in Section
				245.115(a)(2).
				(Section 1-70(d)(1) of the Act)
c)
Casing thread compound must conform to
and meet all
				manufacturing and material requirements of the industry standards set forth in
				the document referenced in Section
				245.115(a)(3)
				 (Section 1-70(d)(2) of the Act).
				Additionally, the uses of casing thread compound in the well construction must
				be in a manner consistent with the industry standards set forth in the document
				referenced in Section
				245.115(a)(3).
d)
The borehole must be circulated
				and conditioned
before surface casing setting and cementing
to
				ensure an adequate cement bond
(Section 1-70(d)(5) of the
				Act).
e) The permittee shall notify
				the Department's District Office by phone and electronic mail
at least
				24 hours
(Section 1-70(d)(11) of the Act) before setting and cementing
				surface casing to enable an inspector to be present.
f) When setting surface casing, centralizers
				are required to be used as follows to keep the casing in the center of the
				wellbore before and during cement operations:
1) A centralizer shall be placed at the
				bottom of the surface casing string or shoe;
2) Centralizers shall be placed
above
				and below a stage collar or diverting tool, if run
;
3) Centralizers shall be placed
through usable-quality water zones
;
4) Centralizers shall be placed on
every fourth joint from the cement shoe to the ground surface or to the
				bottom of the cellar
;
5)
The Department may require additional centralization as necessary to
				ensure the integrity of the well design is adequate
; and
6)
All centralizers
must
				conform to and
shall meet specifications in, or equivalent to,
the industry standards set forth in the documents referenced in Section
				245.115(a)(4) through
				(a)(6).
Illinois Administrative Code › Title 62 - MINING › Part 245 - HYDRAULIC FRACTURING REGULATORY ACT › Subpart E - WELL CONSTRUCTION › Section 245.540 - Establishment of Internal Mechanical Integrity

Current through Register Vol. 48, No. 28, July 12, 2024
An internal mechanical integrity test shall be performed on
				  each cemented casing string after installation for all wells regulated by this
				  Part.
a)
The permittee shall
				contact the Department's District Office
by phone and electronic mail
at least 24 hours
before
conducting an
internal mechanical integrity
pressure test to enable an inspector to
				be present when the test is
performed (Section 1-70(d)(16) of the
				Act).
b) Mechanical Integrity
1)
The
internal mechanical
				integrity of surface and intermediate
casing strings shall be
				tested
:
A)
with fresh water,
				mud or brine.
If mud is used, the mud cannot be so viscous or contain
				so much particulate that it blocks, plugs or obscures the presence of any
				potential leaks in the casing string;
B)
to no less than 0.22 psi per foot
				of casing string length or 1,500 psi, whichever is greater, but not to exceed
				70% of the minimum internal yield
; and
C)
for at least 30 minutes with less
				than a 5% pressure loss.
Illinois Administrative Code › Title 62 - MINING › Part 245 - HYDRAULIC FRACTURING REGULATORY ACT › Subpart E - WELL CONSTRUCTION › Section 245.550 - Installation and Testing of Blowout Prevention Equipment

Current through Register Vol. 48, No. 28, July 12, 2024
After the surface casing has been set and cemented pursuant
				  to Section
				  245.530,
the permittee shall
install and test
blowout
				  prevention equipment
pursuant to the requirements of this Section
				  (Section 1-70(e)(1) of the Act).
a)
				The permittee shall contact the Department's District Office by phone and
				electronic mail at least 24 hours before conducting pressure tests on the
				blowout prevention equipment to enable an inspector to be present when the
				tests are performed.
b) The
				permittee or permittee's designated representative shall be present at the well
				site
when
the
blowout preventer is installed,
				tested
, and
in use
.
1)
That person or personnel shall
				have a current well control certification from an accredited training program
				that is acceptable to the Department
; and
2)
The certification shall be
				available at the well site and provided to the Department upon
				request
. (Section 1-70(e)(3) of the Act)
Illinois Administrative Code › Title 62 - MINING › Part 245 - HYDRAULIC FRACTURING REGULATORY ACT › Subpart E - WELL CONSTRUCTION › Section 245.560 - Intermediate Casing Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
When intermediate casing is required by subsection (a),
				  intermediate casing used in the construction of wells must be set and cemented
				  pursuant to the requirements of subsections (b) through (m).
Intermediate casing used to isolate fresh water must not be used as the
				  production string in the well in which it is installed, and may not be
				  perforated for purposes of conducting a hydraulic fracture treatment through
				  it.
a) Cemented intermediate
				casing must be installed under the following conditions:
1)
when necessary to isolate fresh
				water not isolated by surface casing
; or
2)
to seal off potential flow zones,
				anomalous pressure zones, lost circulation zones and other drilling
				hazards.
(Section 1-70(d)(12) of the Act)
Illinois Administrative Code › Title 62 - MINING › Part 245 - HYDRAULIC FRACTURING REGULATORY ACT › Subpart E - WELL CONSTRUCTION › Section 245.570 - Production Casing Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
Production casing shall be used in the construction of all
				  wells regulated by this Part and shall be set and cemented pursuant to the
				  requirements of this Section.
a)
Production casing must be
fully cemented from the
				production casing shoe to 500 feet above the top perforated
formation,
if possible
(Section 1-70(d)(14) of the Act). However, if that
				cementing requirement will inhibit the production of oil or gas from the
				targeted formation, the operator must make a written or electronic mail request
				to the Department for an alternate cementing plan, and in no event shall the
				cementing of the production casing be completed from less than just above the
				top of the perforated formation to 500 feet above the top of the perforated
				formation.
b) Production casing
				must conform to the industry standards set forth in the document referenced in
				Section
				245.115(a)(2).
				Additionally, the use of production casing in the well construction must be in
				a manner consistent with the industry standards set forth in the document
				referenced in Section
				245.115(a)(2).
c)
Casing thread compound must
				conform to
and meet all manufacturing and material requirements of
the industry standards
set forth in the document referenced in
				Section
				245.115(a)(3)
				 (Section 1-70(d)(2) of the Act).
				Additionally, the uses of casing thread compound in the well construction must
				be in a manner consistent with the industry standards set forth in the document
				referenced in Section
				245.115(a)(3).
d)
The borehole must be circulated
				and conditioned
before production casing setting and cementing
to ensure an adequate cement bond
(Section 1-70(d)(5) of the
				Act).
e) The permittee shall notify
				the Department's District Office by phone and electronic mail before setting
				and cementing production casing to enable an inspector to be present.
f) When setting production casing,
				centralizers are required to be used as follows to keep the casing in the
				center of the wellbore prior to and during cement operations:
1) In the vertical portion of the well,
a centralizer shall be placed on every fourth joint from
the
				kickoff point
to the ground surface or to the bottom of the
				cellar
;
2) In the
				horizontal portion of the well, rigid centralizers shall be used and placed
				accordingly to ensure at least 80% standoff;
3)
The Department may require
				additional centralizers as necessary to ensure the integrity of the well
				design
; and
4)
All
				centralizers
used in the vertical portion of the well must conform to
				and
shall meet specifications in, or equivalent to,
the
				industry standards set forth in the documents referenced in Section
				245.115(a)(4) through
				(a)(6)
.
(Section 1-70(d)(3)
				of the Act)
Illinois Administrative Code › Title 62 - MINING › Part 245 - HYDRAULIC FRACTURING REGULATORY ACT › Subpart E - WELL CONSTRUCTION › Section 245.580 - Establishment of Formation Integrity

Current through Register Vol. 48, No. 28, July 12, 2024
a)
A formation pressure integrity test shall be conducted below the
				surface casing and below all intermediate casing
in order to
				demonstrate:
1) that the integrity of the
				casing shoe is sufficient to contain the wellbore pressures anticipated in the
				permit application;
2) that no flow
				path exists to formations above the casing shoe; and
3) that the casing shoe is competent to
				handle an influx of formation fluid or gas without breaking down.
Illinois Administrative Code › Title 62 - MINING › Part 245 - HYDRAULIC FRACTURING REGULATORY ACT › Subpart F - WATER QUALITY › Section 245.610 - Water Pollution Investigations

Current through Register Vol. 48, No. 28, July 12, 2024
a)
Any person who has reason to believe
he or she has
incurred pollution or diminution of a water source as a result of a
				high volume horizontal hydraulic fracturing treatment of a well may request
				that an investigation be conducted
(Section 1-83(a) of the Act) by:
1) notifying the Department either in writing
				or electronically through its website; and
2) providing the following information:
A) his or her name, address and contact
				information; and
B) a detailed
				description of the suspected contamination, including but not limited to,
				identifying:
i) the water source being
				affected;
ii) the suspected source
				of contamination;
iii) dates and
				times related to observations of the suspected contamination;
iv) the names of potential witnesses and
				their contact information; and
v)
				any documents or photographs in his or her possession that may be useful as
				evidence of pollution or diminution.
Illinois Administrative Code › Title 62 - MINING › Part 245 - HYDRAULIC FRACTURING REGULATORY ACT › Subpart F - WATER QUALITY › Section 245.620 - Rebuttable Presumption of Pollution or Diminution

Current through Register Vol. 48, No. 28, July 12, 2024
a)
This Section establishes a
				rebuttable presumption for use
in determining the cause of water
pollution or diminution
, as defined by Section 1-5 of the Act,
				under Subpart K (Section 1-85(a) of the Act).
b)
Unless rebutted by a defense
				established in subsection (c), it shall be presumed that any person conducting
				or who has conducted high volume horizontal hydraulic fracturing operations
				shall be liable for pollution or diminution of a water supply if
(Section 1-85(b) of the Act):
1)
the
				water source is within 1,500 feet of the well site
(Section 1-85(b)(1)
				of the Act) where the HVHHF operations occurred;
2)
water quality data showed no
				pollution or diminution
before
the start of high volume
				horizontal hydraulic fracturing operations
(Section 1-85(b)(2) of the
				Act); and
3)
the pollution
				or diminution occurred during high volume horizontal hydraulic fracturing
				operations or no more than 30 months after the completion of the high volume
				horizontal hydraulic fracturing operations
(Section 1-85(b)(3) of the
				Act).
Illinois Administrative Code › Title 62 - MINING › Part 245 - HYDRAULIC FRACTURING REGULATORY ACT › Subpart F - WATER QUALITY › Section 245.630 - Prohibitions

Current through Register Vol. 48, No. 28, July 12, 2024
It is unlawful to inject or discharge hydraulic
				  fracturing fluid, produced water, BTEX, diesel, or petroleum distillates into
				  fresh water
(Section 1-25(c) of the Act).
Illinois Administrative Code › Title 62 - MINING › Part 245 - HYDRAULIC FRACTURING REGULATORY ACT › Subpart G - CHEMICAL DISCLOSURE; TRADE SECRETS › Section 245.700 - Chemical Disclosure by Permittee

Current through Register Vol. 48, No. 28, July 12, 2024
a)
If the chemical disclosure
				information required by
Section
				245.210(a)(8)
is not submitted at the time of permit application, then the permittee
				shall submit this information to the Department in electronic format no less
				than 21 calendar days
before
performing the high volume
				horizontal hydraulic fracturing operations
(Section 1-77(a) of the
				Act).
b)
Nothing in this
				Section shall prohibit the
permittee
from adjusting or
				altering the contents of the fluid during the treatment process to respond to
				unexpected conditions, as long as the permittee notifies the Department by
				electronic mail within 24 hours of the departure from the initial treatment
				design and includes a brief explanation
detailing
the reason
				for the departure
(Section 1-77(a) of the Act).
c) No less than 21 calendar days before
				performing the first stimulation treatment of HVHHF operations, the permittee
				shall
maintain and disclose to the Department separate and up-to-date
				master lists of
(Section 1-77(c)(2) of the Act):
1)
the base fluid to be used during
				any high volume horizontal hydraulic fracturing operations within this
				State
(Section 1-77(c)(2)(A) of the Act);
2)
all hydraulic fracturing additives
				to be used during any high volume horizontal hydraulic fracturing operations
				within this State
(Section 1-77(c)(2)(B) of the Act); and
3)
all chemicals and associated
				Chemical Abstract Service numbers to be used in any high volume horizontal
				hydraulic fracturing operations within this State
(Section
				1-77(c)(2)(C) of the Act).
Illinois Administrative Code › Title 62 - MINING › Part 245 - HYDRAULIC FRACTURING REGULATORY ACT › Subpart G - CHEMICAL DISCLOSURE; TRADE SECRETS › Section 245.710 - Chemical Disclosure by Contractor

Current through Register Vol. 48, No. 28, July 12, 2024
a) A permittee shall be responsible to ensure
				that any contractor
performing high volume horizontal hydraulic
				fracturing operations within this State
on behalf of the permittee
shall
(Section 1-77(c) of the Act):
1)
be authorized to do business in
				this State
(Section 1-77(c)(1) of the Act);
2) provide the Department with the following
				information:
A) the contractor's business
				name, address, email address and telephone number;
B) the well name, permit number and permittee
				name for the well on which HVHHF operations will be conducted; and
C) the name, email address and telephone
				number of the person at the well site responsible for the HVHHF
				operations.
Illinois Administrative Code › Title 62 - MINING › Part 245 - HYDRAULIC FRACTURING REGULATORY ACT › Subpart G - CHEMICAL DISCLOSURE; TRADE SECRETS › Section 245.715 - Chemical Use Prohibitions

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				permittee performing HVHHF operations is
prohibited from using any base
				fluid, hydraulic fracturing additive, or chemical not listed on their master
				lists disclosed under Section
245.700.
b) Contractors
performing high volume
				horizontal hydraulic fracturing operations are prohibited from using any base
				fluid, hydraulic fracturing additive, or chemical not listed on their master
				lists disclosed under Section
245.710.
				(Section 1-77(d) of the Act)