§ 1-53

High volume horizontal hydraulic fracturing permit; determination; judicial review. (a) 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: (1) the well location restrictions of Section 1-25 of this Act have been satisfied; (2) the application meets the requirements of Section 1-35 of this Act; (3) the plans required to be submitted with the application under Section 1-35 of this Act are adequate and effective; (4) the proposed hydraulic fracturing operations will be conducted in a manner that will protect the public health and safety and prevent pollution or diminution of any water source; (5) the work plan required under Section 1-80 of this Act has been submitted to the Department; (6) the applicant or any parent, subsidiary, or affiliate thereof has not failed to abate a violation of this Act or the Illinois Oil and Gas Act; (7) the Class II injection wells to be used for disposal of hydraulic fracturing flowback comply with all applicable requirements for mechanical integrity testing, including that the well has been tested within the previous 5 years; and (8) there is no good cause to deny the permit under subsection (a) of Section 1-60 of this 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: (1) the application for the high volume horizontal hydraulic fracturing permit, including all documentation required by Section 1-35 of this Act; (2) all written comments received during the public comment periods and, if applicable, the complete record from the public hearing held under Section 1-50 of this Act; (3) all information provided by the applicant in response to any public comments; and (4) any information known to the Department as the public entity responsible for regulating high volume horizontal hydraulic fracturing operations, including, but not limited to, inspections of the proposed well site as necessary to ensure adequate review of the application. (c) 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 to any person or unit of local government who received specific public notice under Section 1-40 of this Act or submitted comments or participated in any public hearing under Section 1-50 of this Act. (d) 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 and the rules adopted under that Law. (e) Following completion of the Department's review and approval 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.

Legislative History

(Source: P.A. 98-22, eff. 6-17-13.)