Illinois Administrative Code › Title 62 - MINING › Part 245 - HYDRAULIC FRACTURING REGULATORY ACT › Subpart B - REGISTRATION AND PERMITTING PROCEDURES › Section 245.270 - Public Hearings

Current through Register Vol. 48, No. 28, July 12, 2024
a)
Participation
1)
When
				a permit application to conduct high volume horizontal hydraulic fracturing
				operations for the first time at a particular
				well
site
is received by the Department,
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, may file
a written
request
				for public hearing
(Section 1-50(a) of the Act).
2) The request for hearing shall be served by
				electronic mail or certified mail, return receipt requested, upon the Hearing
				Officer, the Department, and the applicant. All requests for hearing shall be
				received by the Department before 5 p.m. on the last day of the initial public
				comment period established under Section
				245.260(a).
3)
The request for hearing shall
				contain a short and plain statement:
A) stating the permit review number and
				acknowledging the date, time and location of the hearing;
B)
identifying the person
,
				government agency or county
and
:
i) if a person,
stating facts
				demonstrating that the person has an interest that is or may be adversely
				affected
(Section 1-50(a) of the Act);
ii) if a government agency, stating facts
				demonstrating that the government agency is or may be affected by the proposed
				permit; and
iii) if a county,
				stating facts demonstrating that it will be affected by the proposed
				permit;
C) identifying
				each objection to, or concern with, the permit application and, to the extent
				possible, explaining the specific fact or facts upon which each objection or
				concern is based;
D) referencing
				any statute, Section and/or regulation upon which each objection or concern is
				based;
E) hearing requestors are
				encouraged, in addition, to list:
i) known
				witnesses that will or may be called at the hearing, including, if possible,
				their name, address and phone number, and a summary of their expected testimony
				and, if any witness will be used as an expert, documentation (e.g., a
				curriculum vitae) or statement of that witness' relevant qualifications;
				and
ii) if known at the time of the
				request for hearing, any documents supporting any objection or concern. The
				disclosure of witnesses and documents is not required to request a hearing, but
				the Department, to facilitate the orderly presentation of facts, will provide
				optional space for that information on the Department prescribed hearing
				request form.
4) All requests for hearing should include
				copies of any documents referenced in subsection (a)(3)(E)(ii).
5)
The Department shall hold a public
				hearing upon a request
for hearing
under this
				subsection
(a)
, unless the request is determined by
				the
Hearing Officer
to
:
A)
lack an adequate factual
				statement
for finding
that the person is or may be adversely
				affected,
that the government agency is or may be affected, or that
				the county is affected by the proposed permit; or
B)
be frivolous
by
				presenting grounds that are readily recognizable as devoid in merit. (Section
				1-50(a) of the Act)
6)
Prior to
, but not less than 2 business days before,
the commencement of a public hearing under this Section, any person who
				could have requested the hearing under subsection (a)
(1)
may
				petition the Department to participate in the hearing in the same manner as the
				party requesting the hearing. The petition
shall be in writing and
meet the requirements for requests for hearing set forth in subsection
				(a)
(3).
The petitioner shall serve the petition
by
				electronic mail or certified mail, return receipt requested,
upon the
				Department
, the Hearing Officer, and the applicant. The
petitioner shall be allowed to participate in the hearing in the same
				manner as the party requesting the hearing
if the petition meets the
				requirements set forth in subsection (a)(3). (Section 1-50(b) of the
				Act)