Illinois Administrative Code › Title 62 - MINING › Part 240 - THE ILLINOIS OIL AND GAS ACT › Subpart P - WELL PLUGGING AND RESTORATION PROGRAM › Section 240.1610 - Plugging Leaking or Abandoned Wells

Current through Register Vol. 48, No. 28, July 12, 2024
a) If the Department finds, upon inspection,
				that a well drilled for the exploration, development, storage or production of
				oil or gas, or for injection, saltwater disposal, saltwater source,
				observation, and geological or structure test may be abandoned or leaking
				saltwater, oil, gas or other deleterious substances into any freshwater
				formation or onto the surface of the land, the Department may schedule a
				hearing pursuant to Section 19.1 of the Act to order the well plugged if
				abandoned or repaired or plugged if leaking.
b) Hearings
1) Notice of Hearing
Whenever the Department holds a hearing pursuant to Section
				  19.1 of the Act, the Department shall give written notice to the permittee
				  personally or by certified mail sent to the permittee's last known address. The
				  notice shall include the date, time, place and nature of the hearing and the
				  name and address of the Hearing Officer. The notice shall be mailed at least 14
				  days prior to the scheduled hearing date.
2) Permittee Right to Counsel; Appearance
A) Right to Counsel
Any party may appear and be heard through an attorney
				  authorized to practice in the State of Illinois.
B) Appearance of Attorney
An attorney appearing in a representative capacity in any
				  proceeding under this Subpart shall file a written notice of appearance
				  identifying his or her name, address and telephone number and identifying the
				  party represented.
3) Burden and Standard of Proof
The Department shall have the burden of proof at the hearing.
				  The standard for decision shall be a preponderance of the evidence.
4) Hearing Officer; Powers and
				Duties
A) The Hearing Officer designated to
				preside over a hearing shall take all necessary action to avoid delay, to
				maintain order, and to develop a clear and complete record, and shall have all
				powers necessary and appropriate to conduct a fair hearing, including the
				following:
i) To administer oaths and
				affirmations;
ii) To receive
				relevant evidence;
iii) To regulate
				the course of the hearing and the conduct of the parties and their
				counsel;
iv) To consider and rule
				upon procedural requests;
v) To
				hold conferences for the settlement or simplification of the issues;
				and
vi) To examine witnesses and
				direct witnesses to testify, limit the number of times any witness may testify,
				limit repetitive or cumulative testimony, and set reasonable limits on the
				amount of time each witness may testify.
B) The Hearing Officer shall allow all
				parties to present statements, testimony, evidence and argument that may be
				relevant to the proceeding.
5) Hearing Location
All hearings under this Subpart shall be conducted in the
				  Department's offices located in Springfield, Illinois. However, the Department
				  may conduct a hearing under this Subpart at a site located closer than
				  Springfield, Illinois to the production and injection/disposal well identified
				  in the Notice of Hearing if facilities are available and satisfactory to the
				  Department.
6) Pre-Hearing
				Conferences
A) Upon the motion of either
				party, the Hearing Officer shall schedule a conference in order to:
i) Simplify the factual and legal issues
				presented by the hearing request;
ii) Receive stipulations and admissions of
				fact and of the contents and authenticity of documents;
iii) Exchange lists of all witnesses the
				parties intend to have testify and copies of all documents the parties intend
				to introduce into evidence at the hearing; and
iv) Discuss and resolve such other matters as
				may tend to expedite the disposition of the hearing request and to assure a
				just conclusion of the hearing.
B) Pre-hearing conferences may be held by
				telephone conference if that procedure is acceptable to all of the
				parties.
7) Postponement
				or Continuance of Hearing
A hearing may be postponed or continued for due cause by the
				  Hearing Officer or upon the motion of a party to the hearing. A motion filed by
				  a party to the hearing shall set forth facts attesting that the request for
				  continuance is not for the purpose of delay. Except in the case of an
				  emergency, motions requesting postponement or continuance shall be made in
				  writing and shall be received by all parties to the hearing at least 3 business
				  days prior to the scheduled hearing date. All parties involved in a hearing
				  shall avoid undue delay caused by repetitive postponements or continuance so
				  that the subject matter of the hearing may be resolved expeditiously.
8) Default
If a party, after proper service of notice, fails to appear
				  at a pre-hearing conference or at a hearing, and if no continuance is granted,
				  the Department may then proceed and make its decision in the absence of that
				  party. If the failure to appear at the pre-hearing conference or hearing is due
				  to emergency situation beyond the party's control, and the Department is
				  notified of the situation on or before the scheduled pre-hearing conference or
				  hearing date, the pre-hearing conference or hearing will be continued or
				  postponed pursuant to subsection (b)(7). Emergency situations include sudden
				  unavailability of counsel, sudden illness of a party or his or her
				  representative, or similar situations beyond the parties' control.
9) Within 30 days after the close
				of the hearing record, the Hearing Officer shall issue proposed findings of
				fact, conclusions of law and recommendations as to the disposition of the
				case.
10) The Director shall review
				the administrative record in conjunction with the Hearing Officer's recommended
				findings of fact, recommended conclusions of law and recommendations as to the
				disposition of the case. The Director shall then issue the Department's final
				administrative decision affirming, vacating or modifying the Hearing Officer's
				decision.