Current through Register Vol. 48, No. 12, March 22, 2024
a)
The applicant shall provide the
following public and governmental notice (Section
1-40(c) of the Act):
1)
Applicants
shall mail specific public notice by U.S. Postal Service certified mail, return
receipt requested, within 3 calendar days after submittal of the high volume
horizontal hydraulic fracturing permit application to the Department
to:
A)
all persons
identified in Section
245.210(a)(16)
asownersof any real
property surface interest within 1,500 feet of the proposed
well siteas disclosed by the records in the office of the
recorder of the county or counties;
B) the governing body of each
municipality in which the well is proposed to be located;
and
C) the county board of
each county in which the well is proposed to be located.
(Section 1-40(c)(1) of the Act)
2)
Except as otherwise provided in
this subsection (a)(2), applicants shall provide general
public notice by publication, once each week for 2 consecutive weeks, beginning
no later than 3 calendar days after submittal of the high volume horizontal
hydraulic fracturing permit application to the Department, in a newspaper of
general circulation published in or, if necessary, as near possible to
each county where the well proposed for high volume horizontal
hydraulic fracturing operations is proposed to be located. If a well is
proposed for high volume horizontal hydraulic fracturing
operations in a county where there is no daily newspaper of general
circulation, applicant shall provide general public notice, by publication,
once each week for 2 consecutive weeks, in a weekly newspaper of general
circulation in that county beginning as soon as the publication schedule of the
weekly newspaper permits, but in no case later than 10 days after submittal of
the high volume horizontal hydraulic fracturing permit
application to the Department. (Section 1-40(c)(2) of the
Act)
3)
Within 15 calendar
days after submitting the permit application to the Department, the applicant
must provide a copy of the permit application's well site
safety plan to the county or counties and all local fire departments
with jurisdictions covering the well site in which high volume
horizontal hydraulic fracturing operations will occur.
(Section 1-35(b)(12) of the Act)
4)
Within 15 calendar days after submitting the permit application to the
Department, the applicant must provide a copy of the permit
application's traffic management plan to the county or counties in
which the well site is located and any impacted highway authorities
identified in the traffic management plan pursuant to Section
245.210(a)(15)
(Section 1-35(b)(15) of the Act).
5)
The specific and general public
notices required under subsections (a)(1) and (a)(2) shall be on forms
provided by the Department and
shall contain the following
information (Section 1-40(c)(3) of the Act):
A)
the name and address of the
applicant (Section 1-40(c)(3)(A) of the Act);
B)
the date the application for a
high volume horizontal hydraulic fracturing permit was received by the
Department (Section 1-40(c)(3)(B) of the Act);
C)
the dates for the public comment
period and a statement that anyone may file written comments,
objections and recommendations about any portion of the applicant's
submitted high volume horizontal hydraulic fracturing permit application with
the Department during the public comment period (Section 1-40(c)(3)(C)
of the Act);
D)
the
proposed well name, review number assigned by the Department, well
location, and legal description per the Public Land Survey
System of the well, well site, and its unit
area (Section 1-40(c)(3)(D) of the Act). The well location shall be
surveyed by an Illinois licensed land surveyor and the description of the
surveyed well location shall also include the legal description, the GPS
latitude and longitude location, and ground elevation of the well. The GPS
location shall be recorded as degrees and decimal degrees recorded to 6 decimal
places in the North American Datum 1983 projection and shall be accurate to
within 3 feet. The reported GPS location is required to be an actual GPS field
measurement and not a calculated or conversion measurement;
E)
a statement that the information
filed by the applicant in its application for a high volume horizontal
hydraulic fracturing permit is available from the Department through its
website (Section 1-40(c)(3)(E) of the Act);
F)
the Department's website and the
address and telephone number for the Department's Office of Oil and
Gas Resource Management (Section 1-40(c)(3)(F) of the Act);
G)
a statement that 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 written objections to a permit application and may
request a public hearing pursuant to Section
245.270 (Section
1-40(c)(3)(G) of the Act); and
H)
the date, time and address of the public hearing and the name and address of
the Hearing Officer scheduled to preside over the public hearing for the permit
application should a request for public hearing be filed.
b)
After providing the
public notice as required under subsection (a), the applicant
shall supplement its permit application by providing the Department with a
certification and documentation that the applicant fulfilled the public notice
requirements of this Section no later than 35 days after the
Department's receipt of the permit application (Section 1-40(d) of the
Act).
c)
If multiple
applications are submitted at the same time for wells located on the same well
site, the applicant may use one public notice for all applications provided the
notice is clear that it pertains to multiple well applications
and conforms to the requirements of this Section (Section 1-40(e) of
the Act).