Current through Register Vol. 48, No. 12, March 22, 2024
a)
The Department shall have no more than 60 calendar days from the date
it receives the permit application to approve, with any conditions the
Department may find necessary, or reject the application for the high volume
horizontal hydraulic fracturing permit. The applicant may waive, in writing,
the 60-day deadline upon its own initiative or in response to a request by the
Department. (Section 1-35(i) of the Act)
b)
For the purpose of determining
whether to issue a permit, the Department shall consider and the Department's
record of decision shall include (Section 1-53(b) of the Act):
1)
the application for the high
volume horizontal hydraulic fracturing permit, including all documentation
required by Section245.210
(Section 1-53(b)(1) of the Act);
2)
all written comments received during the public comment periods and, if
applicable, the complete record from the public hearing held under
Section245.270 (Section
1-53(b)(2) of the Act), and specifically including the recommended
findings;
3)
all
supplemental
information provided by the applicant in response
to:
A)
any public
comments (Section 1-53(b)(3) of the Act);
B) recommended findings of the Hearing
Officer if a public hearing was held;
C) the requirements of this Part;
and
D) Department requests for
information, including any information required or requested to demonstrate
preparation against the risk of earthquake, flood or other natural
disaster;
4)
any
information known to the Department as the public entity responsible for
regulating high volume horizontal hydraulic fracturing operations and
oil and gas operations, including, but not limited to, inspections of
the proposed well site as necessary to ensure adequate review of the
application (Section 1-53(b)(4) of the Act).
c)
The Department shall issue a high
volume horizontal hydraulic fracturing permit, with any conditions the
Department may find necessary, only if the record of decision demonstrates
that (Section 1-53(a) of the Act):
1)
the well site location restrictions of
Section245.400
have been satisfied (Section 1-53(a)(1) of the Act);
2)
the application meets the
requirements of Section245.210
(Section 1-53(a)(2) of the Act);
3)
the plans required to be submitted with the application under
Section245.210are adequate and effective (Section
1-53(a)(3) of the Act) to comply with the Act, this Part, the Illinois Oil and
Gas Act, and the administrative rules promulgated under that Act;
4) the high volume horizontal
hydraulic fracturing operations will be conducted in a manner that will
protect the public health, public safety, property,
wildlife, aquatic life and environment, and will
prevent pollution or diminution of any water source (Section
1-53(a)(4) of the Act);
5)
the water quality monitoring work plan required under
Section245.600
has been submitted to and approved by the
Department (Section 1-53(a)(5) of the Act);
6)
the applicant or any parent,
subsidiary, or affiliate of the applicant has not failed to
abate a violation of the Act, this Part, the
Illinois Oil and Gas Act (Section 1-53(a)(6) of the Act), or the
administrative rules promulgated under that Act specified in a final
administrative decision of the Department or any court decisions related to
that decision;
7)
the Class
II injection wells to be used for disposal of hydraulic fracturing flowback
comply with all applicable requirements for internal and external
mechanical integrity testing as required in 62 Ill. Adm. Code
240.760
and
240.770,
including that the well has been tested within the previous 5
years. (Section 1-53(a)(7) of the Act) The Class II injection wells to
be used for disposal of hydraulic fracturing flowback must be shown to be in
compliance with 62 Ill. Adm. Code
240.360 at the
time of the issuance of the high volume horizontal hydraulic fracturing
permit;
8)
there is no good
cause to deny the permit under Section245.310 (Section
1-53(a)(8) of the Act); and
9) The
registration and permitting procedures set forth in Subpart B have been
satisfied.
d)
The Department shall, by U.S. Mail and electronic transmission, provide
the applicant with a copy of the high volume horizontal hydraulic fracturing
permit as issued or its final administrative decision denying the permit to the
applicant and shall, by U.S. Mail or electronic transmission, provide a copy of
the permit as issued or the final administrative decision denying the
permit to any person or unit of local government who received specific
public notice under Section245.240
or
245.250
or participated in any public hearing under Section 245.270.
(Section 1-53(c) of the Act)
e)
The Department's decision to approve or deny a high volume horizontal
hydraulic fracturing permit shall be considered a final administrative decision
subject to judicial review under the Administrative Review Law [735
ILCS 5 /Art. III] and the rules adopted under that Law
(Section 1-53(d) of the Act).
f)
Following completion of the Department's review process, the
Department's website shall indicate whether an individual high volume
horizontal hydraulic fracturing permit was approved or denied and provide a
copy of the approval or denial (Section 1-53(e) of the Act).
g)
The complete
administrative record of the permit decision shall be
maintained and shall be accessible to the public on the Department's website
until final release of the applicant's bond pursuant to Section
245.220(d)
(Section 1-50(c) of the Act).
