Current through Register Vol. 48, No. 12, March 22, 2024
a)
No permit may be transferred to another person without approval of the
Department (Section 1-55(b) of the Act).
b) A request for permit transfer shall be
made on a Department form and be signed by the current permittee and the
proposed new permittee or by individuals authorized to sign for them.
c) Each request for permit transfer shall
include a $2,000 non-refundable fee. The check shall be made payable to the
Department.
d) The Department shall
approve a permit transfer, with any conditions the Department may find
necessary, only if:
1) the proposed new
permittee certifies that its registration information provided pursuant to
Section
245.200
is accurate and up to date;
2) the
permit for the well issued pursuant to the Illinois Oil and Gas Act is approved
for transfer to the proposed new permittee under the requirements for permit
transfers under the Illinois Oil and Gas Act administrative rules;
3) the proposed new permittee provides proof
of insurance that it is insured to cover injuries, damages or loss
related to pollution in the amount of at least $5,000,000 (Section
1-35(b)(19) of the Act);
4) there
is no good cause to deny the permit transfer under Section
245.310;
5) the request for permit transfer is
accompanied by a bond as required by Section
245.220;
and
6) there are no outstanding
unabated violations by either the current or proposed new permittee of this
Part, the Act, the Illinois Oil and Gas Act, or the administrative rules
promulgated under that Act, as specified in a final administrative decision by
the Department.
e) The
Department shall approve or deny a request for permit transfer in writing
within 30 days after receiving the request for permit transfer.
1) If the request for permit transfer is
approved, the current permittee shall transfer a copy of the well file to the
new permittee, the new permittee will be the permittee of record for the
permit, and the bond of the current permittee will be released by the
Department pursuant to Section
245.220(d).
2) If the request for permit transfer is
denied, then the current permittee will continue to be the permittee of record
for the permit.
f) A
current or proposed new permittee may request a hearing to challenge the
Department's decision if a hearing is requested in writing within 30 days after
the date of the transfer or denial notice. All requests for hearing shall be
mailed to the Department at Illinois Department of Natural Resources,
Attention: Office of Oil and Gas Resource Management, One Natural Resources
Way, Springfield IL 62702. All requests for hearing must be accompanied by
documents evidencing the basis for objection. If no hearing is requested in
this time period, the permit transfer decision 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 60 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.
B)
Pre-hearing conferences may be held by telephone conference if that procedure
is acceptable to all parties.
2) All hearings under this Section shall be
conducted by a Hearing Officer and shall be held in the Department's offices
located in Springfield, Illinois.
3) At the permit transfer hearing, the
Department shall present evidence in support of its determination under
subsection (e). Both the current and the new permittee may present evidence
contesting the Department's determination under subsection (e). 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.
4) Within 30 days after the close of the
record for the permit transfer hearing, the Hearing Officer shall issue
findings of fact, conclusions of law and recommendations as to the disposition
of the case.
5) The Director or his
or her designee shall review the administrative record in conjunction with the
Hearing Officer's findings of fact, conclusions of law and recommendations as
to the disposition of the case. The Director or designee shall then issue the
Department's final administrative decision affirming, vacating or modifying the
Hearing Officer's decision, which shall be subject to judicial review under the
Administrative Review Law and the rules adopted under that Law.
6) Failure to request a hearing in accordance
with this subsection (f) shall constitute a waiver of all legal rights to
contest the permit transfer decision.