Illinois Administrative Code › Title 62 - MINING › Part 240 - THE ILLINOIS OIL AND GAS ACT › Subpart R - REQUIREMENTS IN UNDERGROUND GAS STORAGE FIELDS AND FOR GAS STORAGE AND OBSERVATION WELLS › Section 240.1898 - Waiver

Current through Register Vol. 48, No. 28, July 12, 2024
a) Subject to
				49 USC
				60118(d), the Department,
				upon application by any gas storage operator, may waive, in whole or in part,
				compliance with any standard established under this Subpart or the Act if the
				Department determines that the waiver is consistent with the safety of the
				underground natural gas storage facility and the protection of the environment
				and natural resources of the State of Illinois.
b) All waiver requests shall be made by the
				gas storage operator on Department created waiver forms and shall include all
				information requested in the forms.
c) The waiver forms shall include:
1) name of the underground natural gas
				storage facility;
2) if the waiver
				is related to a well, an underground gas storage field map of the natural gas
				storage facility and a brief statement of the purpose of the well and a
				schematic of the well;
3) a
				description of the waiver that is being requested;
4) written technical justifications as to why
				compliance with a provision of this Subpart or the Act is not practicable and
				not necessary for safety with respect to specified underground storage
				facilities or equipment. The justifications for any deviation from any
				provision of this Subpart or the Act must be technically reviewed and
				documented by a subject matter expert to ensure there will be no adverse impact
				on design, construction, operations, maintenance, integrity, emergency
				preparedness, the environment, response, and overall safety and must be dated
				and approved by a senior executive officer, vice president, or higher office
				with responsibility for the underground natural gas storage facility;
5) a full description of any safety and
				environmental protection procedures that will be implemented or modified if the
				waiver is granted;
6)
				certification, under penalty of perjury, that the applicant has the right,
				pursuant to valid and subsisting oil and gas leases, documents or memoranda of
				public record and/or any statute or regulation, to drill or operate an
				underground natural gas storage facility on the lands and formations, as set
				forth in Subpart D;
7) a statement
				as to whether the underground natural gas storage facility is located within
				the limits of any incorporated city, town or village (and a certified copy of
				the official consent of the municipal authorities if the underground natural
				gas storage facility is within the corporate limits);
8) a statement as to whether the underground
				natural gas storage facility is located over an active mine or temporarily
				abandoned mine, or within the undeveloped limits of a mine, and whether the
				coal rights are owned by someone other than the lessor under the oil and gas
				lease; and
9) if the waiver is
				related to a well, the proposed depth of the well and the name of the lowest
				geologic formation that is to be, or is, penetrated.