Part 240: THE ILLINOIS OIL AND GAS ACT

Section 240.185 Cessation of Operations Orders a) If, at the expiration of the period of time originally fixed in a Director's decision issued pursuant to Section 240.180 or in any subsequent extension of time granted by the Department, the Department finds that the violation has…

Section 240.1850 Issuance of Permit a) If the applicant satisfies the requirements of the Illinois Oil and Gas Act, the Act and this Part, the Department shall issue a permit. b) A permit shall not be issued to an applicant if: 1) the applicant has falsified or otherwise misstate…

Section 240.1851 Gas Storage and Observation Well Safety, Construction, and Operating Requirements a) All underground natural gas storage facilities and gas storage operators shall comply with the safety standards adopted by the Secretary of Transportation under 49 USC 60141 and …

Section 240.1852 Inspection and Maintenance Plan a) In addition to Section 240.640, every gas storage operator shall file with the Department a plan for inspection and maintenance of the downhole portion of each underground natural gas storage facility owned or operated in whole …

Section 240.1853 Gas Storage and Observation Well Records and Reporting Requirements a) A person who operates an underground natural gas storage facility shall: 1) after the date any applicable safety standard established under the Act takes effect, comply with the requirements o…

Section 240.1854 Notice of Probable Violation, Complaints, Hearings and Civil Penalties When an inspector or authorized employee or agent of the Department determines, after investigation, that any permittee, or any person engaged in conduct or activities required to be permitted…

Section 240.1855 Civil Complaint a) The Department may elect to request the Attorney General to file an action with or without issuing a notice of probable violation pursuant to Section 240.1854. b) In accordance with Section 11 of the Illinois Oil and Gas Act, the Department, th…

Section 240.1856 Determination of Penalty a) In determining the amount of the penalty, the Department shall consider the standards set forth in 49 USC 60122(b). (Section 30 of the Act) The Director shall determine whether to assess civil penalties based on the factors set forth i…

Section 240.1857 Director's Approval of Penalty or Agreed Compromise Upon receipt of a notice of penalty or compromise, the Director shall conduct an investigation and may affirm, or enter into a hearing concerning, the propriety of the applicable notice of probable violation, pa…

Section 240.1858 Enforcement Hearings a) The person charged in the applicable notice of probable violation shall have 30 days from the date of service of the notice of probable violation to request a hearing. (Section 35 of the Act) A gas storage operator seeking to contest any n…

Section 240.1859 Emergency Abatement Orders a) The Department may issue an emergency abatement order requiring the abatement of a violation of this Part, the Act, or the Oil and Gas Act that is creating an imminent danger to the health or safety of the public, or an imminent dang…

Section 240.186 Cessation of Conditions Creating an Imminent Danger to Public Health and Safety and the Environment (Repealed) (Source: Repealed at 43 Ill. Reg. 10459, effective September 6, 2019)

Section 240.1860 Temporary Relief Hearings a) Pending the holding of a hearing in accordance with Section 240.1859 relating to an EAO issued under Section 240.1859, the person or gas storage operator affected by the Department's action may file a written request for temporary rel…

Section 240.1861 Subpoenas a) Any party to proceedings brought under this Subpart may apply for subpoenas to compel the attendance of witnesses and the production of relevant documents. b) The applicant shall submit the subpoena request to the Department's hearing officer. The su…

Section 240.1862 Well Drilling Completion and Workover Requirements All wells shall be drilled and all drilling waste disposed in accordance with Subpart E of this Part. (Source: Section 240.1862 renumbered from Section 240.1855 at 43 Ill. Reg. 11524, effective September 24, 2019…

Section 240.1865 Liquid Oilfield Waste Disposal a) All produced water generated as a result of gas storage operations shall be disposed of in accordance with Section 240.930 of this Part. b) All fluid waste classified as Class II fluids in accordance with Section 240.750(h) of th…

Section 240.1870 Plugging of Gas Storage and Observation Wells a) Gas storage and observation wells shall be plugged when no longer used for the purpose for which they were permitted. At least twenty-four (24) hours prior to commencing plugging operations, the permittee shall not…

Section 240.1880 Sole Source Aquifer: Natural Gas Incident Notice to Department a) Applicability. This Section applies to all natural gas incidents from an underground natural gas storage facility that lies on the footprint of a Sole Source Aquifer designated by the U.S. Environm…

Section 240.1890 Sole Source Aquifer: Inspection Fees for Underground Natural Gas Storage Fields a) The Department will conduct annual inspections at all gas storage fields lying on the footprint of a Sole Source Aquifer designated as such in 2015 by USEPA in the State to ensure …

Section 240.1892 Sole Source Aquifer: When Annual Inspection Fees Are Due Annual inspection fees assessed under Section 240.1890 shall become due upon assessment and shall be deemed delinquent if not paid within 90 days after the initial assessment date. Any permittee with delinq…

Section 240.1894 Sole Source Aquifer: Opportunity to Contest Billing a) Permittees may contest the amount of annual inspection fees assessed under Section 240.1890 by submitting a written objection to the billing no later than 30 days after the assessment date. b) The objection m…

Section 240.1898 Waiver a) Subject to 49 USC 60118(d), the Department, upon application by any gas storage operator, may waive, in whole or in part, compliance with any standard established under this Subpart or the Act if the Department determines that the waiver is consistent w…

Section 240.190 Temporary Relief Hearings a) Pending the holding of a hearing in accordance with Sections 240.185 and 240.180 relating to a cessation order issued under Section 240.185, the person or permittee affected by the Department's action may file a written request for tem…

Section 240.1900 Applicability The provisions of this Subpart apply to wells and drill holes other than oil or gas production wells and Class II UIC wells covered by Subparts B and C, test wells covered by Subpart L, and gas storage observation wells covered by Subpart R. This Su…

Section 240.1905 Application for Permit to Drill or Convert to Other Types of Wells or Drill Holes a) No person shall drill or convert a service well covered by this Subpart without a permit from the Department. b) Application for a permit to drill or convert a service well shall…

Section 240.1910 Contents of Application for Permit to Drill or Convert to a Service Well The application for a permit shall include: a) The name of the well; b) The surveyed well location, the GPS latitude and longitude location of an actual field measurement (all GPS locations …

Section 240.1920 Authority of Person Signing Application a) All applications shall identify 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 pers…

Section 240.1930 Issuance of Permit a) If the applicant satisfies the requirements of the Act and this Part, the Department shall issue a permit. b) A permit shall not be issued to an applicant not in compliance with Section 240.250(b) . c) Service well permits shall expire 1 yea…

Section 240.1940 When Wells Shall Be Plugged and Department Notification Service wells shall be plugged when no longer used for the purpose for which they were permitted. At least 24 hours prior to commencing plugging the permittee shall notify the District Office for the county …

Section 240.195 Subpoenas a) Any party to proceedings brought under Sections 240.130, 240.131, 240.132, 240.133 240.180 and 240.190 of this Part may apply for subpoenas to compel the attendance of witnesses and the production of relevant documents. b) The applicant shall submit t…

Section 240.1950 Plugging and Restoration Requirements a) Service wells shall be plugged as follows: 1) If the total depth of the well or hole extends below the base of the freshwater, as determined by the Department, the well or hole shall be plugged from total depth to the top …

Section 240.1960 Converting to Water Well Service wells may not be converted to a water well that is required to have a permit from the Illinois Department of Public Health. (Source: Added at 18 Ill. Reg. 8061, effective May 13, 1994)

Section 240.20 Prevention of Waste (Repealed) (Source: Repealed at 14 Ill. Reg. 2317, effective January 25, 1990)

Section 240.200 Applicability The provisions of this Subpart apply to production wells. As used in this Subpart "production well" means a well drilled for the production of oil or gas, or a well drilled for a water supply for use in connection with an enhanced oil recovery projec…

Section 240.210 Application for Permit to Drill, Deepen or Convert to a Production Well a) No person shall drill, deepen or convert any well to a production well without a permit from the Department. b) Application for a permit to drill, deepen or convert to a production well sha…

Section 240.220 Contents of Application The application for a permit to drill, deepen or convert to a production well shall include: a) The name of the well. b) The well location surveyed by an Illinois licensed land surveyor or Illinois registered professional engineer, the GPS …

Section 240.230 Authority of Person Signing Application a) The application for a permit to drill, deepen, or convert to a production well shall identify whether the owner of the right to drill and to operate the well is an individual, partnership, corporation or other entity, and…

Section 240.240 Additional Requirements for Directional Drilling a) If the applicant intends to deviate from the vertical in accordance with Section 240.450, the application shall include a map showing the proposed direction of deviation and proposed horizontal distance between t…

Section 240.245 Additional Requirements for Horizontal Drilling a) If the applicant intends to drill one or more horizontal drainholes using a short radius, from a vertical wellbore, the wellbore shall be spaced in accordance with Section 240.455. b) The wellbore shall require on…

Section 240.250 Issuance of Permit to Drill or Operate a) If the applicant satisfies requirements of the Act and this Part, the Department shall issue a permit. b) A permit shall not be issued to an applicant if: 1) the applicant has falsified or otherwise misstated any informati…

Section 240.251 Revocation of Permit to Drill a) The Department may revoke a permit if: 1) The permittee fails to meet permit conditions; or 2) The permit was issued in error; or 3) The permittee is not in compliance with Section 240.250(b). b) The Department shall notify the per…

Section 240.255 Conversion of a Production Well to a Water Well Production wells may not be converted to a livestock or domestic use water well that is required to have a permit from the Illinois Department of Public Health. Production wells converted to livestock or domestic use…

Section 240.260 Change of Well Location No well may be drilled at a location other than that specified on the permit except as provided in Subpart D. (Source: Section repealed, new Section adopted at 15 Ill. Reg. 15493, effective October 10, 1991)

Section 240.270 Application for Approval of Enhanced Recovery Injection and Disposal Operations (Repealed) (Source: Repealed at 15 Ill. Reg. 15493, effective October 10, 1991)

Section 240.280 Duration of Underground Injection Well Orders (Repealed) (Source: Repealed at 15 Ill. Reg. 15493, effective October 10, 1991) SUBPART C: PERMIT APPLICATION PROCEDURES FOR CLASS II UIC WELLS

Section 240.30 Jurisdiction (Repealed) (Source: Repealed at 14 Ill. Reg. 2317, effective January 25, 1990)

Section 240.300 Applicability The provisions of this Subpart apply to Injection, Disposal and Commercial Disposal Class II UIC wells. (Source: Amended at 19 Ill. Reg. 10981, effective July 14, 1995)