Chapter 225 — PROFESSIONS, OCCUPATIONS, AND BUSINESS OPERATIONS

(225 ILCS 720/8.05) (from Ch. 96 1/2, par. 7908.05) Sec. 8.05. Civil Actions. (a) Any person having an interest which is or may be adversely affected may commence a civil action on his own behalf to compel compliance with this Act against any governmental instrumentality or agenc…

(225 ILCS 720/8.06) (from Ch. 96 1/2, par. 7908.06) Sec. 8.06. Enforcement Procedures. (a) Whenever, on the basis of any information available to it, including receipt of information from any person, the Department has reason to believe that any person is in violation of any requ…

(225 ILCS 720/8.07) (from Ch. 96 1/2, par. 7908.07) Sec. 8.07. Administrative Review. (a) A permittee issued a notice or order by the Department under Section 8.06, or any person having an interest which is or may be adversely affected by such notice or order or by any modificati…

(225 ILCS 720/8.08) (from Ch. 96 1/2, par. 7908.08) Sec. 8.08. Judicial Relief. The Department may request the Attorney General to institute a civil action for relief, including a temporary restraining order or a preliminary or permanent injunction, or any other appropriate order…

(225 ILCS 720/8.09) (from Ch. 96 1/2, par. 7908.09) Sec. 8.09. Hearings. Any party to a hearing conducted under Sections 2.11 (c), 7.03 (c), 8.04, 8.06 or 8.07 may be represented by counsel, make oral or written arguments, offer testimony and cross-examine witnesses, cause the is…

(225 ILCS 720/8.10) (from Ch. 96 1/2, par. 7908.10) Sec. 8.10. Review under Administrative Review Law. All final administrative decisions of the Department under this Act shall be subject to judicial review pursuant to the Administrative Review Law, as amended, and the rules adop…

(225 ILCS 720/9.01) (from Ch. 96 1/2, par. 7909.01) Sec. 9.01. Rules. (a) The Department may propose, adopt and promulgate reasonable rules in conformity with this Act. When it proposes or adopts rules the Department shall consider the terrain, the climate and other conditions of…

(225 ILCS 720/9.02) (from Ch. 96 1/2, par. 7909.02) Sec. 9.02. General Duties and Powers. In addition to the duties and powers of the Department prescribed by the Civil Administrative Code of Illinois, the Department shall have full powers and authority to carry out and administe…

(225 ILCS 720/9.03) (from Ch. 96 1/2, par. 7909.03) Sec. 9.03. Cooperative agreements. The Department may enter into cooperative agreements with the United States Secretary of the Interior under which the State will regulate mining on Federal lands. (Source: P.A. 81-1015.)

(225 ILCS 720/9.04) (from Ch. 96 1/2, par. 7909.04) Sec. 9.04. Delegation to other agencies. The Department may delegate responsibilities, other than final action on permits, to other State agencies with the authority and technical expertise to carry out such responsibilities, wi…

(225 ILCS 720/9.05) (from Ch. 96 1/2, par. 7909.05) Sec. 9.05. Coordination with other agencies. The Department shall work with other agencies to coordinate, simplify and expedite the procedures required to obtain permits and approvals from the State for mining operations. (Sourc…

(225 ILCS 720/9.06) (from Ch. 96 1/2, par. 7906.06) Sec. 9.06. Financial Interest. No person employed by the Department performing any function or duty under this Act shall have a direct or indirect financial interest in mining operations in violation of the Federal Act. Whoever …

(225 ILCS 720/9.07) (from Ch. 96 1/2, par. 7909.07) Sec. 9.07. Fees and Forfeitures. (a) All fees and civil penalties collected under this Act shall be deposited into the Coal Mining Regulatory Fund in the State Treasury. (b) All forfeitures collected under the provisions of this…

(225 ILCS 720/9.08) (from Ch. 96 1/2, par. 7909.08) Sec. 9.08. Transition. The Department shall provide for the orderly transition from "The Surface-Mined Land Conservation and Reclamation Act", approved September 17, 1971, as amended, to this Act. Such rules shall as a minimum p…

(225 ILCS 720/9.09) (from Ch. 96 1/2, par. 7909.09) Sec. 9.09. This Act takes effect on June 1, 1980. (Source: P.A. 81-1015.)

(225 ILCS 725/1) (from Ch. 96 1/2, par. 5401) Sec. 1. Unless the context otherwise requires, the words defined in this Section have the following meanings as used in this Act. "Person" means any natural person, corporation, association, partnership, governmental agency or other l…

(225 ILCS 725/1.1) (from Ch. 96 1/2, par. 5402) Sec. 1.1. Waste as defined by this Act is prohibited. (Source: Laws 1951, p. 1500.)

(225 ILCS 725/1.2) (from Ch. 96 1/2, par. 5403) Sec. 1.2. The Director shall appoint an Oil and Gas Board consisting of 7 members, 6 of whom shall be actively engaged in the oil and gas industry. In appointing the 6 members representing the oil and gas industry, the Director shal…

(225 ILCS 725/10) (from Ch. 96 1/2, par. 5416) Sec. 10. All final administrative decisions of the Department made on or after the effective date of this amendatory Act of 1988 are subject to judicial review under the Administrative Review Law as now or hereafter amended, and the …

(225 ILCS 725/11) (from Ch. 96 1/2, par. 5417) Sec. 11. Whenever it shall appear that any person is violating or threatening to violate any provision of this Act, or any rule or final administrative order made hereunder, the Department, through the Attorney General, who may call …

(225 ILCS 725/12) (from Ch. 96 1/2, par. 5418) Sec. 12. Any well for which a permit is required under this Act, other than a plugged well, which was drilled prior to the effective date of this Act and for which no permit has previously been issued, is required to be permitted. Ap…

(225 ILCS 725/13) (from Ch. 96 1/2, par. 5419) Sec. 13. Where an application is made to drill or deepen an oil or gas well within the limits of any city, village or incorporated town, the application shall so state, and be accompanied with a certified copy of the official consent…

(225 ILCS 725/14) (from Ch. 96 1/2, par. 5420) Sec. 14. Each application for a permit to drill, deepen, convert, or amend shall be accompanied by the required fee of $400. The fee for an application for a permit to oil lease road shall be $150. A fee of $75 for the first 100 well…

(225 ILCS 725/15) (from Ch. 96 1/2, par. 5421) Sec. 15. Any permit to drill a well for oil or gas shall expire one year from the date of issuance unless acted upon prior thereto by the commencement of drilling operations which are to be continued with due diligence. It shall in a…

(225 ILCS 725/16) (from Ch. 96 1/2, par. 5422) Sec. 16. Every owner or operator of any oil or gas well may appoint a person to act as his Attorney in fact to execute applications for permits to drill oil or gas wells, or any wells in connection therewith, and to execute bonds and…

(225 ILCS 725/17) (from Ch. 96 1/2, par. 5423) Sec. 17. In case any person drilling an oil or gas well shall request a location over a portion of the coal where mining operations have not heretofore been conducted and where coal is in place, then said well shall be drilled and su…

(225 ILCS 725/18) (from Ch. 96 1/2, par. 5424) Sec. 18. In no event shall any high explosive be exploded in any well until twenty-four hours' notice of the intention has been given to the owner of any working coal seam. (Source: P.A. 97-813, eff. 7-13-12.)

(225 ILCS 725/19) (from Ch. 96 1/2, par. 5425) Sec. 19. If when a well is sunk and there is no oil or gas found and such hole is what is commonly known as a "barren well" or "dry hole", or when a well is abandoned, then such hole shall be plugged in accordance with rules and regu…

(225 ILCS 725/19.1) (from Ch. 96 1/2, par. 5426) Sec. 19.1. If, after notice and an opportunity for a hearing, the Department finds that a well drilled for the exploration, development, storage or production of oil or gas, or as injection, salt water disposal, salt water source, …

(225 ILCS 725/19.2) (from Ch. 96 1/2, par. 5427) Sec. 19.2. Supplemental remedy. Nothing in this Act shall relieve any person or persons otherwise legally responsible from any obligation to plug, replug or repair a well and shall not limit the authority of the Department to requi…

(225 ILCS 725/19.3) (from Ch. 96 1/2, par. 5428) Sec. 19.3. Liability for damages-Responsibility for future remedial work. Any person who enters upon the land on which the well is located to plug, replug or repair the well, or supports or contributes to such action in accordance …

(225 ILCS 725/19.4) (from Ch. 96 1/2, par. 5429) Sec. 19.4. No admission of liability or discharge of action. The fact that any person has initiated or supported a proceeding before the Department or has remedied or attempted to remedy the condition of any well under the authorit…

(225 ILCS 725/19.5) (from Ch. 96 1/2, par. 5430) Sec. 19.5. Any person who had no obligation to plug, replug or repair the well or restore the site of any well, but who does so under the provisions of this Act, including the Department under Section 19.6 of this Act, shall have a…

(225 ILCS 725/19.6) (from Ch. 96 1/2, par. 5430.1) Sec. 19.6. The Department has the following specific powers and duties in administering the Oil and Gas Well Site Plugging and Restoration Program, Landowner Grant Program, and the Plugging and Restoration Fund: (a) To adopt rule…

(225 ILCS 725/19.7) (from Ch. 96 1/2, par. 5430.2) Sec. 19.7. The Department shall assess and collect annual well fees from each permittee in the amount of $100 per well for the first 100 wells and a $75 fee for each well in excess of 100 for which a permit is required under this…

(225 ILCS 725/19.8) (from Ch. 96 1/2, par. 5430.3) Sec. 19.8. The purpose of the Plugging and Restoration Fund is to provide security in case the permittee fails to perform his duties under this Act. Expenditures from the Fund shall be made by the Department for the payment of co…

(225 ILCS 725/19.9) (from Ch. 96 1/2, par. 5430.4) Sec. 19.9. (a) If the permittee is delinquent in the payment of the fees assessed under Section 19.7 of this Act or if amounts have been obligated from the Plugging and Restoration Fund to plug, repair, or restore a permittee's w…

(225 ILCS 725/1a) (from Ch. 96 1/2, par. 5401a) Sec. 1a. This Act shall be known and may be cited as the Illinois Oil and Gas Act. (Source: P.A. 85-1334.)

(225 ILCS 725/2) (from Ch. 96 1/2, par. 5404) Sec. 2. The provisions of this Act do not apply to quarry drill or blast holes, nor to seismograph test holes. The provisions of this Act do not apply to geological, structure, coal or other mineral test holes, or monitoring wells in …

(225 ILCS 725/20) (from Ch. 96 1/2, par. 5431) Sec. 20. No oil or gas well shall be drilled hereafter nearer than 250 feet to any opening to a working coal mine used as a means of ingress or egress for the persons employed therein or which is used as an air shaft, except by mutua…

(225 ILCS 725/21.1) (from Ch. 96 1/2, par. 5433) Sec. 21.1. (a) The Department is authorized to issue permits for the drilling of wells and to regulate the spacing of wells for oil and gas purposes. For the prevention of waste, to protect and enforce the correlative rights of own…

(225 ILCS 725/22.2) (from Ch. 96 1/2, par. 5436) Sec. 22.2. Integration of interests in drilling unit. (a) As used in this Section, "owner" means any person having an interest in the right to drill into and produce oil or gas from any pool, and to appropriate the production for s…

(225 ILCS 725/23.1) (from Ch. 96 1/2, par. 5438) Sec. 23.1. The owner or owners of any tract of land which is productive or capable of being productive of oil or gas or any owner or operator of an oil and gas leasehold on which productive wells are situated, under a lease authori…

(225 ILCS 725/23.10) (from Ch. 96 1/2, par. 5447) Sec. 23.10. The obligation or liability of each working interest owner for the payment of unit expense shall at all times be several and not joint or collective, and in no event shall a working interest owner be chargeable with, o…

(225 ILCS 725/23.11) (from Ch. 96 1/2, par. 5448) Sec. 23.11. The unit operator shall have a lien for all costs incurred pursuant to the plan of unitization upon the leasehold estate, exclusive of a 1/8 share of gross production, which is attributable to a lessor's royalty intere…

(225 ILCS 725/23.12) (from Ch. 96 1/2, par. 5449) Sec. 23.12. The unit area may be unitized or joined with adjoining portions of the same pool or pools, or portions thereof, including a unit area of another or other units and a new unit created for unitized management, operation …

(225 ILCS 725/23.13) (from Ch. 96 1/2, par. 5450) Sec. 23.13. The Department and the proper body, board or officer of any political, municipal or other subdivision or agency of the State are hereby authorized and have the power to execute plans of unitization with respect to land…

(225 ILCS 725/23.14) (from Ch. 96 1/2, par. 5451) Sec. 23.14. Any guardian, executor of a last will, any trustee by court appointment, and the owners who may be operating leaseholds within the proposed unitized area under the authority of a judgment of a circuit court under an Ac…

(225 ILCS 725/23.15) (from Ch. 96 1/2, par. 5452) Sec. 23.15. (1) Property rights, leases, contracts and all other rights and obligations affecting oil and gas rights within the unit area shall be regarded as amended and modified to the extent necessary to conform to the provisio…

(225 ILCS 725/23.16) (from Ch. 96 1/2, par. 5453) Sec. 23.16. From and after the effective date of the order of the Director creating a unit and prescribing the plan of unitization applicable thereto, the operation of any well producing from the pool or portion thereof within the…