reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 62 - MINING › Part 240 - THE ILLINOIS OIL AND GAS ACT › Subpart M - PROTECTION OF WORKABLE COAL BEDS › Section 240.1320 - Mining Board May Determine Presence of Coal Seams

Current through Register Vol. 48, No. 28, July 12, 2024
The Mining Board shall have authority to determine when
				  workable coal beds or seams are present, by geological data obtained from the
				  State Geological Survey, or other relevant information which would indicate the
				  presence of workable coal beds or seams underlying the well site. When the
				  presence of any coal strata or seam is disputed by the owner or manager of a
				  well, and such condition is contrary to the geological information possessed by
				  the Mining Board, such contention of the owner or manager shall be supported by
				  an affidavit on a form prescribed and furnished by the Mining Board, which
				  affidavit shall be executed by a geologist or other person qualified and
				  competent to determine the presence of such disputed coal strata or seam. When
				  such affidavit has been filed with the Mining Board, it shall have authority to
				  determine the issue, after obtaining all further geological information
				  possible, or if the Mining Board deems expedient, it may on its own motion,
				  call a hearing to be held as herein provided to determine such
				  facts.
Illinois Administrative Code › Title 62 - MINING › Part 240 - THE ILLINOIS OIL AND GAS ACT › Subpart M - PROTECTION OF WORKABLE COAL BEDS › Section 240.1330 - Well Locations Prohibited

Current through Register Vol. 48, No. 28, July 12, 2024
No well for oil or gas shall be drilled within two hundred
				  fifty (250) feet from any opening of an active coal mine used as a means of
				  ingress or egress for the persons employed in such mine, or which is used as an
				  air shaft, except by mutual agreement between the person owning or operating
				  the mine and oil or gas operator.
Illinois Administrative Code › Title 62 - MINING › Part 240 - THE ILLINOIS OIL AND GAS ACT › Subpart M - PROTECTION OF WORKABLE COAL BEDS › Section 240.1340 - Notice to Mining Board

Current through Register Vol. 48, No. 28, July 12, 2024
At least twenty-four (24) hours prior to reaching the depth
				  of mine workings or the undeveloped limits of the mine, the person in charge of
				  drilling operations shall notify the Mining Board or Mining Board
				  Representative and the mine representative of the time when such well shall
				  reach such point, in order that the Mining Board may have a Mining Board
				  Representative present on the well site at such time.
Illinois Administrative Code › Title 62 - MINING › Part 240 - THE ILLINOIS OIL AND GAS ACT › Subpart M - PROTECTION OF WORKABLE COAL BEDS › Section 240.1350 - Casing and Protective Work

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Whenever the rules require a mine string to be set in a mine area, the casing
				used inside the mine string shall be new.
b) Any protective work required in a mine
				area shall be under the supervision of the Mining Board.
Illinois Administrative Code › Title 62 - MINING › Part 240 - THE ILLINOIS OIL AND GAS ACT › Subpart M - PROTECTION OF WORKABLE COAL BEDS › Section 240.1360 - Operational Requirements Over Active Mine

Current through Register Vol. 48, No. 28, July 12, 2024
a) Mining Board to Determine Safety Factors
1) No well shall be drilled into any coal
				mine or mine workings in any active mine until the Mining Board representative
				is present and determines that the mine or mine workings are safe.
2) Until the Mining Board representative is
				satisfied that adequate protection has been provided so that no hazard exists,
				drilling operation shall be suspended. After any protective or corrective work,
				required by the Mining Board representative, has been satisfactorily completed
				by the well owner, manager or his or her representative, drilling operations
				may be ordered resumed; but if, in the opinion of the Mining Board
				representative it is impossible to adequately protect the mine or mine
				workings, he or she shall order the permit revoked and the well plugged in the
				manner provided in this Section.
Illinois Administrative Code › Title 62 - MINING › Part 240 - THE ILLINOIS OIL AND GAS ACT › Subpart N - ISSUANCE OR TRANSFER OF PERMIT TO OPERATE › Section 240.1400 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
As used in this Subpart:
"Current Permittee" means the individual or entity required
				  to hold the permit or to whom the permit has been issued and who is the owner
				  of the right to drill and/or produce the well or wells, possesses the full
				  rights and responsibilities for operating the wells in accordance with all
				  requirements of the Act and has the current obligation to plug the wells, who
				  is the assignor, transferor (whether voluntary or involuntary), or seller of
				  the wells.
"New Permittee" means the individual or entity acquiring the
				  well or wells and the right to drill and/or produce said wells, the full rights
				  and responsibilities for operating the wells in accordance with the Act, and
				  the current obligation to plug said wells, and who, as owner in accordance with
				  the Act, is required to hold the permit.
"Operator" means the individual or entity controlling the
				  right to drill and/or produce the wells, has the full rights and
				  responsibilities for operating the wells, along with the obligation to
				  ultimately plug the wells under an operating agreement with the owners in
				  interest.
"Ownership Certification Statement" means a statement that
				  the new permittee owns the right to operate wells on the lands and formations
				  required for the purposed transfer, as set forth in Subpart D, pursuant to
				  valid and existing documents or memoranda of public record.
"PRF Well" means a well designated as abandoned in accordance
				  with Subpart P and that has been placed in the Plugging and Restoration Program
				  established under Section 19.6 of the Act.
Illinois Administrative Code › Title 62 - MINING › Part 240 - THE ILLINOIS OIL AND GAS ACT › Subpart N - ISSUANCE OR TRANSFER OF PERMIT TO OPERATE › Section 240.1410 - Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
a) The provisions
				of this Subpart apply to all assignments, transfers (whether voluntary or
				involuntary) and sales of the interest of the individual or entity required to
				hold and to whom the permit is issued (permittee), including:
1) a change of ownership of the right to
				drill and/or produce said wells, along with the full rights and
				responsibilities for operating the wells in accordance with the Act and the
				obligation to ultimately plug said wells through assignment, voluntary release,
				corporate or other business takeover, buyout, merger or similar transaction,
				involuntary termination of lease rights by court order, new base lease, sale,
				gift, devise or other transfer; or
2) a change in the designation of the
				operator or manager under an operating or other similar agreement in which the
				owner of the right to drill and/or produce said wells, along with the full
				rights and responsibilities for operating the wells in accordance with the Act
				and the obligation to ultimately plug said wells assigns that right;
				or
3) pursuant to the action of the
				owners of separate interests who designate an owner to be permittee;
				or
4) the appointment, by a court
				of competent jurisdiction, of a trustee or a receiver to exercise custody and
				control over the well or wells, including the right to drill and/or produce
				said wells along with the full right and responsibilities for operating the
				wells.
Illinois Administrative Code › Title 62 - MINING › Part 240 - THE ILLINOIS OIL AND GAS ACT › Subpart N - ISSUANCE OR TRANSFER OF PERMIT TO OPERATE › Section 240.1420 - Notification of Transfer

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				current permittee shall provide notification to the Department and new
				permittee, on a form prescribed by the Department, of the assignment, transfer
				or sale of any permitted well or any well required to be permitted under the
				Act within 30 days after the effective date of the assignment, transfer or
				sale.
b) The wells listed in the
				notification of transfer request will be placed on the new permittee's well
				list after Departmental review and confirmation. The new permittee shall not
				operate wells covered by the notification of transfer until all conditions in
				Section
				240.1440
				are met and the transfer request is approved by the Department.
Illinois Administrative Code › Title 62 - MINING › Part 240 - THE ILLINOIS OIL AND GAS ACT › Subpart N - ISSUANCE OR TRANSFER OF PERMIT TO OPERATE › Section 240.1425 - Authority of Person Signing Notification of Transfer

Current through Register Vol. 48, No. 28, July 12, 2024
a) The notification to transfer a permitted
				well or a well required to be permitted under the Act shall provide information
				to indicate whether the owner of the right to drill and to operate the well is
				an individual, partnership, corporation or other entity, and shall contain the
				address and signature of the owner or person authorized to sign for the owner
				unless such information is currently on file with the Department.
b) If the owner is an individual, the
				notification shall be signed by the individual. If the owner is a partnership,
				the notification shall be signed by a general partner. If the owner is a
				corporation, the notification shall be signed by an officer of the
				corporation.
c) In lieu of the
				signature of the owner or an authorized person, the notification may be signed
				by a person having a power of attorney to sign for the owner or authorized
				person, provided a certified copy of the power of attorney is on file with the
				Department or accompanies the notification.
Illinois Administrative Code › Title 62 - MINING › Part 240 - THE ILLINOIS OIL AND GAS ACT › Subpart N - ISSUANCE OR TRANSFER OF PERMIT TO OPERATE › Section 240.1430 - Responsibilities of Current Permittee

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				The current permittee shall notify the Department and the new permittee of the
				assignment, transfer or sale on a form prescribed by the Department. A separate
				form shall be completed for each lease, well or other unit assigned,
				transferred or sold. The notification shall be signed, under penalty of
				perjury, by the current permittee or the permittee's authorized
				representatives.
b) The Department
				may request copies of the lease assignment, voluntary release, court order
				involuntarily terminating a lease, or other documents evidencing the
				assignment, transfer or sale to the new permittee of the right to drill and
				operate the well or wells on the lands in question, if necessary for
				clarification of the right to operate.
Illinois Administrative Code › Title 62 - MINING › Part 240 - THE ILLINOIS OIL AND GAS ACT › Subpart N - ISSUANCE OR TRANSFER OF PERMIT TO OPERATE › Section 240.1440 - Responsibilities of New Permittee

Current through Register Vol. 48, No. 28, July 12, 2024
Prior to the Department giving effect to the transfer, the
				  new permittee shall:
a) Confirm with
				the Department and the current permittee the acceptance of the transfer or sale
				on a form prescribed by the Department. The form shall include an Ownership
				Certification Statement as defined in Section
				240.1400. A form shall be
				completed for each lease, well or unit assigned, transferred or sold. The
				notification of acceptance shall be signed, under penalty of perjury, by the
				new permittee or the permittee's authorized representatives.
b) pay the required non-refundable transfer
				fee as follows:
A fee of $75 per well for the first 100 wells and a fee
				of $50 per well for any wells in excess of 100 wells shall be paid by the new
				owner for each transfer of well ownership
(Section 14 of the
				Act);
c) provide the required bond,
				if applicable, in accordance with Subpart O;
d) if a corporation, provide evidence that
				the corporation is incorporated or authorized to do business in the State of
				Illinois, and authorized under its charter to engage in the permitted
				activity;
e) if an individual,
				partnership or other unincorporated entity that is not a resident of Illinois,
				provide an irrevocable consent to be sued in Illinois;
f) if issued, submit an FEIN
				number;
g) if the transfer request
				is for a PRF well, the new permittee shall comply with Section
				240.1465.
Illinois Administrative Code › Title 62 - MINING › Part 240 - THE ILLINOIS OIL AND GAS ACT › Subpart N - ISSUANCE OR TRANSFER OF PERMIT TO OPERATE › Section 240.1450 - Authority of Person Signing Notification of Acceptance

Current through Register Vol. 48, No. 28, July 12, 2024
a) The notification of acceptance shall be
				signed by the new permittee or by the new permittee's authorized
				representative.
b) If the new
				permittee is an individual, the notification of acceptance shall be signed by
				the individual. If the new permittee is a partnership, the notification of
				acceptance shall be signed by a general partner. If the new permittee is a
				corporation, the notification of acceptance shall be signed by an officer of
				the corporation.
c) In lieu of the
				signature of the new permittee or authorized individual, the notification of
				acceptance may be signed by a person having a power of attorney to sign for a
				permittee or authorized individual, provided a certified copy of the power of
				attorney is on file with the Department or accompanies the
				notification.
d) The new permittee
				may also submit a court order or other documents evidencing his or her
				ownership of the lease or unit to be transferred in the event that the current
				permittee cannot be located or refuses to sign the notification of transfer
				form.
e) The current permittee may
				submit documentation evidencing the transfer of the ownership of the lease,
				unit or wells in the event the new permittee refuses to sign the notification
				of acceptance form.
Illinois Administrative Code › Title 62 - MINING › Part 240 - THE ILLINOIS OIL AND GAS ACT › Subpart N - ISSUANCE OR TRANSFER OF PERMIT TO OPERATE › Section 240.1460 - Conditions for and Effect of Issuance or Transfer of Permit to Operate

Current through Register Vol. 48, No. 28, July 12, 2024
a) When the
				Department receives the current permittee's notice of transfer, the wells
				listed in the notice of transfer shall be transferred to the new permittee's
				well list and the new permittee shall be responsible for all Annual Well Fees,
				as prescribed by Subpart Q, and for compliance with all aspects of the Act and
				all rules and regulations promulgated pursuant to the Act associated with those
				wells. No permit to operate the transferred wells shall be issued to or
				transferred to a new permittee, and the new permittee shall not operate the
				transferred wells when:
1)
the
new permittee
has falsified or otherwise misstated
				any information on or relative to the
transfer
application;
2)
the
new permittee
has failed to abate a violation of
				the Act specified in a final administrative decision of the
				Department;
3)
an
				officer, director,
agent, power of attorney,
or
				partner
in the new permittee,
or person with an interest in
				the
new permittee
exceeding 5%
, was an officer,
				director, partner, or person with an interest exceeding 5% in another entity
				that
failed to abate a violation of the Act specified in a final
				administrative decision of the Department;
4)
the
new permittee was or
is an officer, director,
agent, power of attorney,
partner, or person with an interest exceeding 5%
in
				another entity that has failed to abate a violation of the Act specified in a
				final administrative decision of the Department
(Section 8a of the
				Act);
5) funds have been expended
				and remain outstanding from the Plugging and Restoration Fund to plug wells,
				under Subpart P, for which the new permittee was a previous permittee, or the
				new permittee was or is an officer, director, agent, power of attorney,
				partner, or person with an interest exceeding 5% in a permittee for which funds
				were expended; or an officer, director, agent, power of attorney, or partner in
				the new permittee, or person with an interest in the new permittee exceeding
				5%, was or is an officer, director, agent, power of attorney, partner or person
				with an interest exceeding 5% in a permittee for which funds were expended;
				or
6) the new permittee is
				delinquent in the payment of Annual Well Fees; or the new permittee was or is
				an officer, director, agent, power of attorney, partner, or person with an
				interest exceeding 5%, in another permittee who is delinquent in payment of
				Annual Well Fees; or an officer, director, agent, power of attorney, or partner
				in the applicant, or person with an interest in the applicant exceeding 5%, was
				or is an officer, director, agent, power of attorney, partner or person with an
				interest exceeding 5% in a permittee who is delinquent in payment of Annual
				Well Fees.
Illinois Administrative Code › Title 62 - MINING › Part 240 - THE ILLINOIS OIL AND GAS ACT › Subpart N - ISSUANCE OR TRANSFER OF PERMIT TO OPERATE › Section 240.1465 - Condition for and Effect of Transfer of PRF Wells

Current through Register Vol. 48, No. 28, July 12, 2024
a) Upon review and acceptance of the transfer
				documents and prior to approval of the transfer request, the new permittee
				shall be required to:
1) pay a salvage value
				for the downhole well equipment as follows (wells older than 30 years from the
				date drilled, as shown in Department files, shall be deemed to have $0 salvage
				value):
A) $50 per well for wells 750 feet or
				less in depth; and
B) $100 per well
				for wells greater than 750 feet but less than 2000 feet in depth; and
C) $250 per well for wells 2000 feet and
				greater in depth; and
Illinois Administrative Code › Title 62 - MINING › Part 240 - THE ILLINOIS OIL AND GAS ACT › Subpart N - ISSUANCE OR TRANSFER OF PERMIT TO OPERATE › Section 240.1470 - Revocation of Permit to Operate

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				The Department may revoke a permit to operate if:
1) The transfer of the permit to operate was
				issued in error;
2) The new
				permittee fails to maintain permit conditions; or
3) The new permittee is not in compliance
				with Section
				240.1460(a).
Illinois Administrative Code › Title 62 - MINING › Part 240 - THE ILLINOIS OIL AND GAS ACT › Subpart N - ISSUANCE OR TRANSFER OF PERMIT TO OPERATE › Section 240.1480 - Involuntary Transfer

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				Department may administratively transfer a permit to a person required to be
				the permittee under the Act when the Department determines, based on records or
				documents of title submitted to or collected by the Department that may
				indicate that the current permittee of the well or wells is not the owner of
				the well or wells as defined in the Act.
b) The new permittee shall pay the required
				transfer fee for transfers occurring under the provisions of this
				Section.
c) Transfers occurring
				under the provisions of this Section shall not be subject to the requirements
				of Section
				240.250(b).
d) Prior to operating the transferred wells
				the permittee must provide a bond, if required, in accordance with Section
				240.1500(a)(1)
				and (2).
e) Upon determination of an Involuntary
				Transfer, the Department shall notify the current and new permittees that the
				pending administrative transfer that will be effective 30 days from the date of
				notice unless a hearing is requested in accordance with Section
				240.1490.
f) Following the completion of the
				administrative transfer, the person to whom the well or wells were transferred
				shall immediately become responsible for all regulatory requirements under the
				Act.
Illinois Administrative Code › Title 62 - MINING › Part 240 - THE ILLINOIS OIL AND GAS ACT › Subpart N - ISSUANCE OR TRANSFER OF PERMIT TO OPERATE › Section 240.1485 - Administrative Record Correction

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				The Department may administratively correct a permit to reflect the person or
				entity required to be the permittee under the Act, when the Department
				determines, based on Department records, that the transfer was not made by the
				Department due to an administrative oversight during a previous
				transfer.
b) A new permittee under
				this Section shall pay the required transfer fee for the record correction if
				the date of the original transfer.
c) Record corrections occurring under this
				Section shall not be subject to the requirements of Section
				240.1500(a)(1)
				and (2).
d) Upon determination of an Administrative
				Record Correction, the Department shall notify the current and new permittees
				of the correction, which will be effective immediately. The new permittee shall
				have 30 days from the date of notice to request a hearing to contest the record
				correction in accordance with Section
				240.1490.
Illinois Administrative Code › Title 62 - MINING › Part 240 - THE ILLINOIS OIL AND GAS ACT › Subpart N - ISSUANCE OR TRANSFER OF PERMIT TO OPERATE › Section 240.1490 - Transfer Hearings

Current through Register Vol. 48, No. 28, July 12, 2024
a) A
				current or new permittee may request a hearing to challenge a permit transfer
				or denial decision if that hearing is requested in writing within 30 days after
				the date of the transfer or denial notice. All requests for hearing must be
				accompanied by documents evidencing basis for objection. If no hearing is
				requested in this time period, the permit transfer shall be a final
				administrative decision of the Department. If a hearing is requested by the
				current or new permittee:
1) A pre-hearing
				conference may be held within 30 days after the receipt of the request for
				hearing.
A) A pre-hearing conference shall be
				scheduled 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 witnesses the parties
				intend to have testify and copies of all documents the parties intend to
				introduce into evidence at the hearing;
iv) Set a hearing date; and
v) Discuss and resolve such other matters as
				may tend to expedite the disposition of the hearing request and to assure a
				just conclusion.
Illinois Administrative Code › Title 62 - MINING › Part 240 - THE ILLINOIS OIL AND GAS ACT › Subpart O - BONDS › Section 240.1500 - When Required, Amount and When Released

Current through Register Vol. 48, No. 28, July 12, 2024
a) To Drill, Deepen, Convert or Operate an
				Oil or Gas Well
1) A bond, in the amount
				provided in this Section, shall be submitted, along with an application to
				drill, deepen, convert, operate or transfer a production or Class II well, if:
A) the applicant was not an owner on
				September 26, 1991 of the right to drill and produce the well or wells in the
				transfer request; or
B) the
				applicant was not a permittee of record on September 26, 1991; or
C) the applicant has had a bond forfeited or
				is the subject of an unappealed, unabated Department final administrative
				decision requiring wells to be plugged; or
D) the applicant was not assessed an annual
				well fee as of July 1 preceding the application date, unless applicant was a
				permittee of record of an unplugged well in the previous fiscal year and not
				the subject of an unappealed, unabated Department final administrative
				decision; or
E) the applicant has
				had funds expended and/or wells plugged on its behalf by the Department using
				funds from the PRF; or
F) the
				applicant is not an appointed trustee or receiver in accordance with Section
				240.1410(a)(4).
Illinois Administrative Code › Title 62 - MINING › Part 240 - THE ILLINOIS OIL AND GAS ACT › Subpart O - BONDS › Section 240.1510 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
a) Bond means
				surety bond or other security in lieu thereof.
b) Surety bond means an indemnity agreement
				in a sum certain payable to the Department, executed by the permittee as
				principal and which is supported by the guarantee of a corporation authorized
				to transact business as a surety in Illinois. Surety bond does not include
				surplus line insurance procured by a surplus line producer.
c) Other security means an indemnity
				agreement in a sum certain executed by the permittee as principal which is
				supported by the deposit with the Department of one or more of the following:
1) An irrevocable letter of credit of any
				bank organized or authorized to transact business in Illinois, payable only to
				the Department upon presentation;
2) Certificates of deposit, drawn on a
				federally insured bank, made payable or assigned to the Department and placed
				in its possession.
Illinois Administrative Code › Title 62 - MINING › Part 240 - THE ILLINOIS OIL AND GAS ACT › Subpart O - BONDS › Section 240.1520 - Bond Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
a) Form
Bonds shall be in such form and content as the Department
				  prescribes, payable to the "Illinois Department of Natural Resources."
b) Conditions Generally
1) Each bond shall conform with the
				requirements of the Act and this Part and with the declared purpose for which
				the bond is required.
2) Bonds
				shall remain in effect until the obligations for which it is given have been
				satisfied and the bond has been released by the Department, pursuant to the Act
				and this Subpart.
Illinois Administrative Code › Title 62 - MINING › Part 240 - THE ILLINOIS OIL AND GAS ACT › Subpart O - BONDS › Section 240.1530 - Forfeiture of Bonds

Current through Register Vol. 48, No. 28, July 12, 2024
a) A
				permittee's failure to comply with the Department's order to plug, replug or
				repair a well, or to restore a well site, within thirty (30) days of the
				issuance of such order constitutes grounds for bond forfeiture, pursuant to
				Sections 6 and 19.1 of the Act [225 ILCS 725/6 and 19.1].
b) The Department shall send written
				notification by certified mail, return receipt requested, to the permittee and
				the surety on the bond, if any, informing them of the determination to forfeit
				the bond pursuant to subsection (a) above.
c) The Department may allow a surety to
				undertake necessary plugging, replugging, repair or site restoration work if
				the surety can demonstrate an ability to complete such work in accordance with
				the requirements of the Act. No surety liability shall be released until the
				successful completion of all plugging, replugging, repair or site restoration
				ordered by the Department.
d) In
				the event forfeiture of the bond is warranted by subsection (a), the Department
				shall afford the permittee the right to a hearing, if such hearing is requested
				in writing by the permittee within fifteen (15) days after the bond forfeiture
				notification is mailed in accordance with subsection (b). If the permittee does
				not request a hearing within the fifteen (15) day period, the Department shall
				issue a final administrative decision ordering forfeiture. If a hearing is
				requested by the permittee, the hearing shall be scheduled within fifteen (15)
				days of the receipt of the request for hearing, and shall be conducted by an
				impartial hearing officer not employed by the Department.
e) At the bond forfeiture hearing, the
				Department shall present evidence in support of its determination under
				subsection (a). The permittee shall present evidence contesting the
				Department's determination under subsection (a). The hearing officer may
				administer oaths and affirmations, subpoena witnesses and written or printed
				materials, compel attendance of witnesses or production of those materials,
				compel discovery, and take evidence.
f) Within thirty (30) days after the close of
				the record for the bond forfeiture hearing, the hearing officer shall issue
				recommended findings of fact, recommended conclusions of law and
				recommendations as to the disposition of the case.
g) The Director shall review the
				administrative record in a contested case, 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.
Illinois Administrative Code › Title 62 - MINING › Part 240 - THE ILLINOIS OIL AND GAS ACT › Subpart P - WELL PLUGGING AND RESTORATION PROGRAM › Section 240.1620 - Plugging Orphaned Wells

Current through Register Vol. 48, No. 28, July 12, 2024
a) If
				upon review of Department records a determination is made that no permittee can
				be located, no bond exists and no fees have been paid in accordance with
				Section 19.7 of the Act, the well shall be deemed an orphaned well and placed
				in the PRF Program.
b) The
				Department may elect to plug, replug or repair the well and/or restore the well
				site of any orphaned well. The Department may authorize any person to enter
				upon the land and plug, replug, and restore the well site. The Department may
				dispose of all well site equipment and hydrocarbons in accordance with Section
				19.6 of the Illinois Oil and Gas Act as follows: public sale, auction, private
				sale, or by assignment or quit claim deed to a third party to offset plugging
				costs.
c) Proceeds from any public
				sale, auction or private sale shall be deposited into the Plugging and
				Restoration Fund in accordance with Section 6(19) of the Illinois Oil and Gas
				Act or used to offset plugging costs.
d) If the Department determines that any
				condition or practice exists which creates an imminent danger to the health or
				safety of the public, or an imminent danger of significant environmental harm
				or significant damage to property, the Department or its agent may immediately
				take any action necessary to temporarily correct the source of oil, salt water,
				gas or other deleterious substances intrusion into fresh water zones or onto
				the surface.
e) The cost of all
				work completed under this Section shall be paid from the bond forfeiture monies
				portion of the Plugging and Restoration Fund.
Illinois Administrative Code › Title 62 - MINING › Part 240 - THE ILLINOIS OIL AND GAS ACT › Subpart P - WELL PLUGGING AND RESTORATION PROGRAM › Section 240.1625 - Plugging Abandoned Wells Through Landowner Grant

Current through Register Vol. 48, No. 28, July 12, 2024
a) The provisions of this Section apply to:
1) Wells determined to be abandoned in
				accordance with this Subpart P and placed into the Department Plugging and
				Restoration Program.
2) Abandoned
				wells and associated well and/or production sites may be eligible to be plugged
				and sites restored under the Landowner Grant Program upon application to the
				Department by the owner of the land surface on which a well(s) is located,
				provided that the land surface owner is not the current or a past permittee of
				the well(s).
Illinois Administrative Code › Title 62 - MINING › Part 240 - THE ILLINOIS OIL AND GAS ACT › Subpart P - WELL PLUGGING AND RESTORATION PROGRAM › Section 240.1630 - Emergency Well Plugging, Emergency Repair Work, Emergency Projects

Current through Register Vol. 48, No. 28, July 12, 2024
a) If the
				Department determines that any condition or practice exists, or that any person
				or permittee is in violation of any requirement of the Act, this Part or any
				permit condition, and this practice, condition or violation creates an imminent
				danger to the health or safety of the public or an imminent danger of
				significant environmental harm or significant damage to property, the
				Department shall issue a cessation order pursuant to Section
				240.186
				of this Part to the last known permittee of record or the permittee responsible
				for the condition in accordance with Sections
				240.870
				and
				240.875
				of this Part. If the responsible party cannot be readily located or refuses to
				abate the violation after written notification or is no longer in existence,
				the Department is not required to issue a cessation order and may take any
				action deemed necessary to correct the condition.
b) Upon the expiration of time within which
				abatement was required under the cessation order, if issued, the Department may
				take any action, including well and facility repair, well plugging, well site
				restoration, facility remediation, or emergency remediation, deemed necessary
				to cause a cessation of the danger to the public health and safety or
				environmental harm and abatement of any condition.
c) The cost of all emergency well plugging,
				emergency repair work and emergency remediation projects completed under this
				Section shall be paid from the Annual Well Fee portion of the Plugging and
				Restoration Fund. Permittees or responsible parties for which funds were
				expended under this Section shall be required to reimburse the Plugging and
				Restoration Fund for all the expenditures.
Illinois Administrative Code › Title 62 - MINING › Part 240 - THE ILLINOIS OIL AND GAS ACT › Subpart P - WELL PLUGGING AND RESTORATION PROGRAM › Section 240.1635 - Emergency Well Plugging and Emergency Project Reimbursement

Current through Register Vol. 48, No. 28, July 12, 2024
a) If the
				Department determines that any condition or practice exists, as specified in
				Section
				240.1630
				of this Part, endangers the waters of the U.S. as a result of a crude oil spill
				or indicates the potential for a crude oil spill in accordance with the Federal
				Oil Pollution Act of 1990 (OPA), the Department may seek reimbursement of
				monies expended from the Plugging and Restoration Fund from the Federal Oil
				Pollution Act (OPA) Fund in accordance with USEPA guidelines.
b) Reimbursement funds shall be deposited in
				the Plugging and Restoration Fund.
Illinois Administrative Code › Title 62 - MINING › Part 240 - THE ILLINOIS OIL AND GAS ACT › Subpart P - WELL PLUGGING AND RESTORATION PROGRAM › Section 240.1640 - Repayment of Funds

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				permittee must reimburse PRF for all funds expended from the PRF, excepting OPA
				reimbursed monies, for repair, plugging, restoration or remediation work on the
				permittee's wells or sites, together with all interest accrued, as provided
				under Section 19.9 of the Act.
b)
				Prior to repayment of all expended funds, the permittee shall not operate any
				other existing wells.
c) If funds
				were expended to plug wells, the permittee shall be required to post a bond for
				all unplugged wells in the permittee's name in an amount in accordance with
				Section
				240.1500(a)(2)
				 for a period of 2 consecutive billing
				cycles, in accordance with Section
				240.1500(a)(4)(C).
				The permittee shall not operate or permit any wells until the required bond has
				been posted with the Department.
d)
				If funds were expended to repair a well or production facility, restore a well
				site or perform remediation resulting from a leak or spill, the permittee shall
				have 90 days from the date of demand for reimbursement of the expended funds.
				If reimbursement is not received within 90 days, the permittee shall be
				required to post a bond for all unplugged wells in the permittee's name in an
				amount in accordance with Section
				240.1500(a)(3)
				 for a period of 2 consecutive billing
				cycles, in accordance with Section
				240.1500(a)(5)(C).
				The permittee shall not operate or permit any wells until the required bond has
				been posted with the Department.
Illinois Administrative Code › Title 62 - MINING › Part 240 - THE ILLINOIS OIL AND GAS ACT › Subpart P - WELL PLUGGING AND RESTORATION PROGRAM › Section 240.1650 - Authorization for a Permittee to Operate Its Wells Placed into the Plugging and Restoration Fund Program for Abandonment

Current through Register Vol. 48, No. 28, July 12, 2024
a) A permittee shall not work on, operate or
				produce any of its wells or facilities that have been placed into the PRF
				Program without first obtaining temporary relief through the Department's final
				administrative decision placing the wells and facilities into the PRF
				Program.
b) A permittee's
				application to the Department for temporary relief from the Department's final
				administrative decision placing its wells or facilities in the PRF Program
				shall contain the following information on a lease by lease basis:
1) A list of all the wells and facilities in
				the PRF Program on the lease;
2) A
				plan of action for each well on the lease (e.g., production, injection, plug or
				temporarily abandon);
3) A plan to
				bring the wells and facilities on the lease into full compliance with the Act
				and this Part;
4) The date by which
				all work bringing the wells and facilities on the lease into full compliance
				will be completed;
5) Either a new
				base lease or a copy of a valid lease, along with lease ratifications by the
				current mineral owners signed within the last 180 days affirming the
				permittee's existing lease is valid. Lease ratifications shall include the
				mineral owner's name, address, signature, date, and the name and legal location
				of the lease;
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 for and operate a well on the lands
				and formations required for the proposed well, as set forth in Subpart
				D;
7) Payment of a non-refundable
				administrative fee of $250 per well for each well the permittee is requesting
				to remove from the PRF Program, made payable to the Illinois Department of
				Natural Resources/Plugging and Restoration Fund; and
8) A request to authorize the permittee's
				access to the lease for the purpose of implementing the proposed plan of action
				so the wells and facilities can be brought into full compliance and, upon
				Department approval, removed from the PRF Program.
Illinois Administrative Code › Title 62 - MINING › Part 240 - THE ILLINOIS OIL AND GAS ACT › Subpart P - WELL PLUGGING AND RESTORATION PROGRAM › Section 240.1660 - Authorization for a Permittee to Operate Their Wells Placed into the Plugging and Restoration Fund Program for Non-payment of Annual Well Fees

Current through Register Vol. 48, No. 28, July 12, 2024
a) A permittee
				shall not work on, operate or produce any of its wells or facilities that have
				been placed into the PRF Program because of delinquent payment of annual wells
				fees until the wells and facilities have been removed from the PRF Program by
				the Department.
b) The permittee
				shall pay to the Department all delinquent annual well fees and all associated
				civil penalties assessed as a result of the delinquent annual well fees and
				payment of a non-refundable administrative fee of $250 per well for each of the
				permittee's wells in the PRF Program, made payable to the Illinois Department
				of Natural Resources/Plugging and Restoration Fund, before the Department may
				remove any of the wells and facilities from the PRF Program.
c) Within 60 days after receipt by the
				Department of payment in full of all delinquent annual well fees, associated
				civil penalties and non-refundable fees, the Department's Hearing Officer, on
				his or her own motion, shall modify or vacate the final administrative decision
				that placed the wells and facilities into the PRF Program and notify the
				permittee in writing that the wells and facilities have been removed from the
				PRF Program.
Illinois Administrative Code › Title 62 - MINING › Part 240 - THE ILLINOIS OIL AND GAS ACT › Subpart Q - ANNUAL WELL FEES › Section 240.1700 - Fee Liability

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Department
				shall assess annual well fees during each fiscal year for all permits of record
				as of July 1, including wells reported to be transferred pursuant to Subpart N
				but not yet approved for transfer by the Department. The permittee for each
				well is responsible for paying the full assessed amount.
b) The permittee will be assessed annual well
				fees until:
1) the well or wells under permit
				to the permittee are plugged and restored;
2) the well or wells have been transferred to
				a new permittee pursuant to Subpart N. The effective date of transfer will be
				the date stated on the Department's Notification of Transfer Form;
3) the permittee notifies the Department in
				writing that a well for which the permittee has a valid permit has not been
				drilled and the permittee requests that the permit be cancelled; or
4) the permittee has been determined to be an
				uncollectable entity for a previous Annual Well Fee Assessment by the Illinois
				Attorney General's Office or Department staff.
Illinois Administrative Code › Title 62 - MINING › Part 240 - THE ILLINOIS OIL AND GAS ACT › Subpart Q - ANNUAL WELL FEES › Section 240.1705 - Amount of Assessment

Current through Register Vol. 48, No. 28, July 12, 2024
Well fees shall be assessed for total permits issued to the
				  permittee as of July 1 of each year as follows:
a) $100 per well for the first 100 wells
				attributed to each permittee;
b)
				$75 per well for any wells in excess of 100 wells attributed to each
				permittee.
Illinois Administrative Code › Title 62 - MINING › Part 240 - THE ILLINOIS OIL AND GAS ACT › Subpart Q - ANNUAL WELL FEES › Section 240.1710 - Annual Permittee Reporting

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Permittees are required to submit, on a form prescribed by the Department, an
				annual verification of address and status. The address submitted under this
				Section will be used by the Department to provide notice of any hearings or
				other proceedings under the Act or this Part.
b) The form shall contain the permittee's:
1) current address;
2) verification of well ownership;
3) type of business entity and supporting
				documentation;
4) FEIN, or Social
				Security Number if an individual;
5) names and addresses of principals,
				officers or owners; and
6) current
				electronic mail address.
Illinois Administrative Code › Title 62 - MINING › Part 240 - THE ILLINOIS OIL AND GAS ACT › Subpart Q - ANNUAL WELL FEES › Section 240.1720 - When Annual Well Fees are Due

Current through Register Vol. 48, No. 28, July 12, 2024
Annual well fees shall become due on September 1 of each year
				  and shall be deemed delinquent if not paid by November 1 of each year. The
				  Department may cease mailing the annual well fee bill to a permittee if those
				  fees have been unpaid for 3 consecutive years. However, the permittee may not
				  thereafter operate, permit or transfer wells within the State of Illinois
				  without first paying all delinquent fees and associated civil penalties and
				  submitting a bond in accordance with Subpart O.
Illinois Administrative Code › Title 62 - MINING › Part 240 - THE ILLINOIS OIL AND GAS ACT › Subpart Q - ANNUAL WELL FEES › Section 240.1730 - Opportunity to Contest Billing

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Permittees may contest the amount of fees or the wells for which the permittee
				is listed as the permittee of record as of July 1 by submitting a written
				objection to the billing on or before October 30 of each year. The objection
				must be accompanied by the full assessed amount.
b) The objection must be in writing, signed
				by the permittee, or by an individual authorized to sign for the permittee, and
				must identify the nature of the objection. The written objection must include a
				statement of the facts supporting the objection and copies of any relevant
				assignments or other title documents.
Illinois Administrative Code › Title 62 - MINING › Part 240 - THE ILLINOIS OIL AND GAS ACT › Subpart Q - ANNUAL WELL FEES › Section 240.1740 - Delinquent Permittees

Current through Register Vol. 48, No. 28, July 12, 2024
Fees not received by November 1 of each year shall be deemed
				  delinquent and the wells covered by the fees shall be determined to be
				  abandoned in accordance with Section
				  240.1600 and subject
				  to plugging in accordance with Section
				  240.1610.
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 240.1800 - Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
The provisions of this Subpart apply to the design,
				  installation, testing, construction, extension, replacement, maintenance,
				  groundwater protection requirements and operating requirements of Underground
				  Gas Storage Fields; the drilling and conversions of gas storage and observation
				  wells in an Underground Gas Storage Field, and permitting requirements in
				  Underground Gas Storage Fields for oil and gas production and Class II wells
				  covered by Subparts B and C and Test Wells covered by Subpart L. This Subpart
				  shall apply to the downhole portion of an underground natural gas storage
				  facility.
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 240.1810 - Submission of Underground Gas Storage Field Map

Current through Register Vol. 48, No. 28, July 12, 2024
a) Each gas storage operator shall submit to
				the Department, by January 1, 2020, a map for every underground gas storage
				field in operation on October 15, 2019. For an underground gas storage field
				that was not in operation on October 15, 2019, the gas storage operator shall
				submit its map within 90 days following the start of operations.
b) All maps required to be filed with the
				Department pursuant to subsection (a) shall include:
1) The lowest closing contour at which gas
				can be stored;
2) The area of land
				currently under a valid lease or storage rights agreement, including the top
				and bottom depths of the lease;
3)
				Any protective boundaries established by a governmental agency; and
4) Any known faults located in the storage
				area.