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 240.1820 - Permit Requests in a Underground Gas Storage Field
Universal Citation: 62 IL Admin Code ยง 240.1820
Current through Register Vol. 48, No. 12, March 22, 2024
a) When the proposed location to drill, deepen, convert or amend an oil or gas production or Class II well, as defined in Subparts B and C, or a test hole, as defined in Subpart L, occurs within the limits of an underground gas storage field, or within any protective boundary shown on the gas storage operators map submitted to the Department, a permit shall not be issued until the applicant complies with subsection (a)(1) or (2):
1) The applicant enters into an agreement
with the gas storage operator, outlining safety precautions and well drilling,
completion, operating and plugging specifications. The agreement shall be
signed by the applicant and the gas storage operator and shall be submitted
with the permit application.
2) The
applicant submits a copy of an agreement previously reached with the gas
storage operator that governs the relationship between the applicant and the
gas storage operator with respect to safety precautions and well drilling,
completion, operating and plugging issues. The agreement must be in full effect
and cover the proposed drilling location.
3) If an agreement cannot be reached after
the applicant has exercised due diligence in negotiations, the applicant shall
notify the gas storage operator of the proposed location and depth of the well
by certified mail, return receipt requested. The certified mail receipt shall
be attached to the permit application. If a written objection is not received
by the Department within 15 days after the date of receipt, the permit shall be
issued, subject to the fulfillment of all other requirements for the issuance
of a permit under this Part, the Act, or the Illinois Oil and Gas Act. If a
written objection to the application is filed with the Department within 15
days after receipt of the notice of application, the Department shall consider
the objection in determining whether the permit should be issued. If the
objection raises a question regarding public safety, resource ownership or
sufficiency of application, the permit objection shall be set for a public
hearing. A hearing shall be set only after all other requirements for issuance
of the permit have been fulfilled.
b) Administrative Hearing
1) Any hearing held pursuant to this Section
shall be a formal hearing conducted by the Department solely for the purpose of
resolving the factual or legal question raised by the objection.
2) Notice of the hearing shall be sent by the
Department to the applicant and to the objector by mailing the notice by U.S.
Mail, postage prepaid, addressed to their last known home or business
addresses.
3) A certified court
reporter shall record the hearing at the Department's expense.
4) A Hearing Officer designated by the
Department shall conduct the hearing. The Hearing Officer shall allow all
parties at the hearing to present evidence in any form, including by oral
testimony or documentary evidence, unless the Hearing Officer determines the
evidence is irrelevant, immaterial, unduly repetitious, or of such a nature
that reasonably prudent members of the public or people knowledgeable in the
oil and gas field would not rely upon it in the conduct of their
affairs.
5) The Hearing Officer
shall have the power to continue the hearing or to leave the record open for a
certain period of time in order to obtain or receive further relevant
evidence.
6) Within 30 days after
the closing of the record or the receipt of the transcript of the hearing,
whichever comes later, the Department shall render a decision on the
objection.
7) All hearings under
this Section shall be conducted in the Department's offices located in
Springfield, Illinois by a Hearing Officer designated by the Director and
conducted in accordance with Article 10 of the Illinois Administrative
Procedure Act [ 5 ILCS 100 ].
Disclaimer: These regulations may not be the most recent version. Illinois may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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