Illinois Administrative Code › Title 62 - MINING › Part 240 - THE ILLINOIS OIL AND GAS ACT › Subpart A - GENERAL PROVISIONS › Section 240.140 - Notice of Noncompliance

Current through Register Vol. 48, No. 28, July 12, 2024
a) When
				an inspector or other authorized employee or agent of the Department determines
				that any permittee has not fully complied with any requirement of the Act or
				this Part or any permit condition, and the inspector or other authorized
				employee or agent also finds that the noncompliance was not caused by the
				permittee's deliberate action; that any action necessary to return the
				permittee to compliance is able to be completed within a specified date
				certain, as established by the Department representative, not to exceed 180
				days from the date of the determination that the permittee is not in
				compliance; and that the noncompliance has not caused, and cannot reasonably be
				expected to cause, significant environmental harm or damage to property, the
				noncompliant conditions shall be documented by the Department on a notice of
				noncompliance without the need for the issuance of a notice of violation
				pursuant to Section
				240.150. The
				notice of noncompliance shall indicate the nature and circumstances of the
				noncompliance, the amount of time granted to permittee, and the abatement
				activities required to return the permittee to compliance. A copy of the notice
				of noncompliance shall be delivered to the permittee or his or her
				representative at the time it is prepared, and the original shall be forwarded
				to the Director. If the permittee is unable to abate the noncompliance in the
				time indicated in the notice, permittee may provide a written request for an
				extension to the District Office that issued the notice. If the District Office
				denies the request, the permittee may submit the request to the Director. All
				extension requests must be received by the District Office or Director prior to
				the expiration of the initial deadline or any extensions. Upon reasonable
				cause, the time to abate may be extended by the Department but shall not exceed
				180 days from the date the noncompliance was determined.
b) If the abatement activities required under
				subsection (a) are not completed as specified in the notice of noncompliance,
				the inspector or other authorized employee or agent of the Department shall
				issue a notice of violation in accordance with Section
				240.150
				and/or a cessation order in accordance with Section
				240.185.
c) The provisions of this Section shall not
				apply to the following instances of noncompliance:
1) Drilling or operating, without a permit or
				completed permit transfer from the Department, a well required to be permitted
				under the Act;
2) Operating an
				annular or casing injection/disposal well or a well with pressure on the
				annulus;
3) Failure to maintain
				required performance bond or pay annual well fees for wells under
				permit;
4) Failure to renew
				Temporary Abandonment status on a well or secure approved Temporary Abandonment
				status following a denial of Temporary Abandonment status on a well;
5) Failure to establish mechanical integrity
				on a Class II well or repair a Class II well following failure of mechanical
				integrity;
6) Operating a well that
				has been placed in the Plugging and Restoration Program;
7) Failure to provide emergency response for
				a crude oil or saltwater spill;
8)
				Improper discharge or disposal of produced fluids;
9) Operating a well in violation of spacing
				requirements or permit conditions; and
10) Failure to restore a well site after
				plugging.