SB 3548 — OIL AND GAS-PUBLIC NOTICE

*LRB10020726SMS36201b* SB3548 100THEngrossed GENERALLRB100 ASSEMBLY20726 StateSMS of36201 Illinoisb andAN 2018ACT SB3548concerning Introducedregulation. 2/16/2018, by Sen.

Chapin Rose SYNOPSIS AS INTRODUCED:

ILCS 725/7.5 new Amends the Illinois Oil and Gas Act.

Provides that the Department of Natural Resources shall evaluate releases of contaminants whenever it determines that the extent of the leaking salt water, oil, gas, or other deleterious substance into any fresh water or onto the surface of the land that may extend beyond the boundary of the site where the release occurred and take appropriate actions in response.

Provides notice requirements if the Department determines that the leaking salt water, oil, gas, or other deleterious substance extends beyond the boundary of the release site or poses an imminent danger to the health of safety of the public.

Provides the Act or the Department, the United States Environmental Protection under Agency, or a third party performs an immediate removal order under the federal Comprehensive Environmental Response, Compensation, and Liability Act.

Provides that notices may contain certain information concerning the contaminated site, the contaminant released, where the contaminant was released, a description of the potential adverse health effects, the environmental impact of the contaminant, and contact information for the Department for further information about the release.

LRB100 20726 SMS 36201 b FISCAL NOTE ACT MAY APPLY A BILL FOR SB3548 LRB100 20726 SMS 36201 b AN ACT concerning regulation.

ContaminantNatural evaluation;gas storage field;

natural gas leak;

(a)In Theaddition Departmentto shallthe evaluaterequirements releasesof this Section and any applicable State and federal law, an operator of contaminantsa whenevernatural itgas determinesstorage field that lies on the extentfootprint of thea leakingSole saltSource water,Aquifer oil,designated gas,as orsuch otherin deleterious2015 substanceby intothe anyUnited freshStates waterEnvironmental formationProtection orAgency ontomust notify the surfacefollowing parties located within 5 miles of the landboundaries mayof extenda beyondnatural gas leak into water or onto the boundarysurface of theland sitethat wherea thenatural releasegas occurred.leak has occurred:

The(1) DepartmentAll shallgovernment takeentities appropriatemust actions in response to the release, which may include, but shall not be limitednotified to,immediately. public notices, investigations, administrative orders, and enforcement referrals.

(b)(2) IfAll theemergency Departmentservice determinesagencies serving that thearea extentmust ofbe thenotified leakingimmediately. salt water, oil, gas, or other deleterious substance into any fresh water formation or onto the surface of the land extend beyond the boundary of the site where the release occurred, or pose an imminent danger to the health or safety of the public, the Department shall give notice of the threat to the following:

SB3548(3) -All 2owners -and LRB100operators 20726of SMSpublic 36201water bsupplies, (1)community forwater anysupplies, private,and semi-private, or non-community water system,supplies themust ownersbe ofnotified theimmediately. properties served by the water system;

(2)SB3548 forEngrossed any- community2 water- system,LRB100 (i)20726 theSMS 36201 b In addition, all private residents, owners and operators of private water systems, or businesses, including agricultural operations, located within one and a half miles of the communityboundaries waterof system;the natural gas leak must be notified as soon as practically possible.

(ii)Notices theto private residents and ownersbusinesses ofmust premisesbe connectedattempted tothrough theverbal affectedcommunication, communitywhether waterin system;person or by telephone.

andIf (iii)verbal thecommunication residentscannot andbe ownersestablished, ofa premisesphysical connectednotice tomust thebe waterposted. systems that are affected;

andThe (3)physical fornotice land,shall carry the ownersfollowing oftext thein affectedat property.least 18-point font:

The"NATURAL Department'sGAS determinationLEAK mustNOTICE be- basedREAD onIMMEDIATELY". the credible, scientific information available to it, and the Department is not required to perform additional investigations or studies beyond those required by applicable federal or State laws.

ForNotices notices required under paragraph (2) of this subsectionSection (b), the Department shall (i)be withinprovided 2whether daysor afternot determiningthe that groundwater contamination poses a threat of exposure tohas thebeen publiceliminated. above the Class I groundwater quality standards, provide notice of the determination by issuing a press release and posting the press release on the Department's website and (ii) within 5 days after the determination, provide the owner and operator of the community water system and the owners and operators of all connected community water systems with a notice printed on Department letterhead that identifies the contaminant posing the threat, the level of contamination SB3548 - 3 - LRB100 20726 SMS 36201 b found, and possible human health effects associated with exposure to the contaminant.

WithinBoth 5verbal businessand daysphysical afternotices receivingshall ainclude noticethe fromlocation of the Departmentnatural undergas thisleak, paragraph, the ownerdate orand operatortime ofthat the communitynatural watergas systemleak mustwas send,discovered, tocontact allinformation residentsof andthe ownersoperator of premisesthe connectednatural togas thestorage affectedfield, communityand waterany system:applicable safety information.

(i)The operator of a copynatural gas storage field has a continuous and ongoing obligation to further notify the affected parties as necessary if it is determined that the boundaries of the noticenatural bygas first-classleak mailhave orincreased, bymoved, e-mail;or shifted.

orThis (ii)notice notification,requirement inshall abe formconstrued approvedas bybroadly theas Department,possible. through first-class postcard, text message, or telephone;

except that notices to institutional residents, including, but not limited to, residents of school dormitories, nursing homes, and assisted care facilities, may be made to the owners and operators of those institutions, and the owner or operator of those institutions shall notify their residents in the same manner as prescribed in this subsection for owners and operators of community water systems.

If the manner for notice selected by the owner or operator of the community water system does not include a written copy of the notice provided by the Department, the owner or operator shall include a written copy of the notice provided by the Department in the next water bill sent to the residents and owners of the premises;

provided, however, if the water bill is sent on a postcard, no written copy of the notice provided by the Department is required if the postcard includes the Internet address for the notice posted on the Department's website.

The front of the envelope or postcard in which any such notice is sent to residents and owners of premises connected to the SB3548 - 4 - LRB100 20726 SMS 36201 b affected community water system shall carry the following text in at least 18-point font:

PUBLIC HEALTH NOTICE - READ IMMEDIATELY.

For a postcard, text message, or telephonic communication, the Department shall specify the minimum information that the owner or operator must include in such methods of notice.

Within 7 days after the owner or operator of the community water system sends the notices to residents and owners of premises connected to the community water system, the owner or operator shall provide the Department with proof that the notices have been sent.

The notices required under paragraph (2) of this subsection (b) shall be provided whether or not the threat of exposure has been eliminated.

(c) If any of the following actions occur:

(i) the Department refers a matter for enforcement under this Act;

or (ii) the Department, the United States Environmental Protection Agency, or a third party under Department or United States Environmental Protection Agency oversight performs an immediate removal under the federal Comprehensive Environmental Response, Compensation, and Liability Act, as amended, then, within 60 days after the action, the Department must give notice of the action to the owners of all property within 2,500 feet of the subject contamination or any closer or farther distance that the Department deems appropriate under the circumstances.

Within 30 days after a request by the Department, the appropriate officials of the county in which the property is located must provide to the Department the SB3548 - 5 - LRB100 20726 SMS 36201 b names and addresses of all property owners to whom the Department is required to give notice under this subsection (c), these owners being the persons or entities that appear from the authentic tax records of the county.

(d) In addition to the notice requirements of subsection (b), the methods by which the Department gives the notices required under this Section shall be determined in consultation with members of the public and appropriate members of the regulated community and may include, but shall not be limited to, personal notification, public meetings, signs, electronic notification, and print media.

For sites at which a responsible party has implemented a community relations plan, the Department may allow the responsible party to provide Department-approved notices in lieu of the notices required to be given by the Department.

Notices issued under this Section may contain the following information:

(1) the name and address of the site or facility where the release occurred or is suspected to have occurred;

(2) the identification of the contaminant released or suspected to have been released;