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Public Act 103-0120 | ||||
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AN ACT concerning safety.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Underground Natural Gas Storage | ||||
Safety Act is amended by changing Section 5 and by adding | ||||
Section 27 as follows: | ||||
(415 ILCS 160/5)
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Sec. 5. Definitions. As used in this Act, unless the | ||||
context otherwise requires:
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"Commission" means the Illinois Commerce Commission.
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"Contaminant" means gas, salt water, or any other | ||||
deleterious substance released from an underground natural gas | ||||
storage facility.
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"Department" means the Department of Natural Resources.
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"Director" means the Director of Natural Resources.
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"Downhole" means the portion of the underground natural | ||||
gas storage facility from the first flange attaching the | ||||
wellhead to the pipeline equipment and continuing down the | ||||
well casing to and including the storage reservoir.
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"Federal Act" has the meaning given to that term in the | ||||
Illinois Gas Pipeline Safety Act. | ||||
"Gas" means natural gas.
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"Notice of probable violation" means a written notice, |
satisfying the criteria set forth in Section 35, given by the | ||
underground natural gas storage safety manager to a person who | ||
operates an underground natural gas storage facility that | ||
identifies a failure of such person to comply with the | ||
provisions of this Act or the provisions of 49 U.S.C. Chapter | ||
601 concerning underground natural gas storage facilities, or | ||
any Department order or rule issued under this Act, and may | ||
include recommendations for a penalty in connection therewith, | ||
subject to the terms of this Act.
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"Person" means an individual, firm, joint venture, | ||
partnership, corporation, company, limited liability company, | ||
firm, association, municipality, cooperative association, or | ||
joint stock association. "Person" includes a trustee, | ||
receiver, assignee, or personal representative thereof.
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"Underground natural gas storage facility" means a gas | ||
pipeline facility that stores natural gas in an underground | ||
facility, including a depleted hydrocarbon reservoir, an | ||
aquifer reservoir, and a solution-mined salt cavern reservoir.
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"Underground natural gas storage safety manager" means the | ||
manager of the Department's Underground Natural Gas Storage | ||
Safety Program or other staff of the Department assigned to | ||
underground natural gas storage safety issues. | ||
"Verified facility release" means a suspected or known | ||
natural gas or contaminant release that: (i) is regulated by | ||
the Department; (ii) originates from a natural gas storage | ||
facility; and (iii) is confirmed by chemical analysis to have |
occurred or be occurring within the perimeter of the | ||
underground natural gas storage facility or within one-quarter | ||
mile of that perimeter.
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(Source: P.A. 100-1172, eff. 1-4-19.) | ||
(415 ILCS 160/27 new) | ||
Sec. 27. Verified facility release. The owner or operator | ||
of an underground natural gas storage facility shall create | ||
procedures for a suspected natural gas leak or suspected | ||
unintentional release from an underground natural gas storage | ||
facility that is identified by either the Department or the | ||
owner or operator. The procedures shall contain guidance to | ||
direct the owner or operator to, if possible, collect the gas | ||
from the suspected leak or suspected unintentional release for | ||
purposes of testing and verifying the source of the gas. | ||
Collecting and testing shall be performed by an | ||
independent contractor at the expense of the owner or | ||
operator. Testing of the gas shall be performed using either | ||
gas chromatography or isotopic analysis to determine if the | ||
gas composition has markers of thermogenic origins that are | ||
indicative of pipeline gas. If the quantities released are | ||
insufficient to perform a test or if quantities are | ||
insufficient to confirm a leak exists, the owner or operator | ||
shall notify the Department, and no further action related to | ||
the collection and testing of the gas is required by the owner | ||
or operator. Previous failed attempts to collect and test the |
gas at the same site shall not remove the owner's or operator's | ||
responsibility to collect the gas and verify the source of the | ||
gas if a sufficient amount of gas for collection and testing is | ||
available later. | ||
The owner or operator may acknowledge that the leak or | ||
unintentional release is from the underground natural gas | ||
storage facility and treat it as a verified facility release | ||
in lieu of performing collection and testing. | ||
The owner or operator must have procedures to be used if | ||
the gas is identified or conceded to be a verified facility | ||
release. The procedures shall provide guidance on when | ||
atmospheric conditions within a dwelling resulting from a | ||
verified leak pose health or hazard issues. The owner or | ||
operator shall offer, at the owner's or operator's expense, | ||
reasonable lodging and accommodation as determined by the | ||
owner or operator to those living in the domicile for the | ||
duration of the health or hazard issue. | ||
The owner or operator shall perform sampling at a | ||
frequency as determined by the owner or operator for natural | ||
gas in private drinking water wells in the areas determined by | ||
the owner or operator impacted by the leak or unintentional | ||
release. The owner or operator shall maintain routine | ||
monitoring of the areas impacted by the leak or unintentional | ||
release as determined by the owner's or operator's procedures. | ||
If natural gas is detected at levels posing health or | ||
hazard issues as determined by the Department of Public |
Health, the owner or operator shall offer and maintain gas | ||
water separators, at the owner's or operator's expense, in | ||
affected areas impacting the water supply, including | ||
domiciles. Where gas water separators are provided, the gas | ||
water separators shall be approved and installed in accordance | ||
with the Illinois Plumbing License Law, and any rules adopted | ||
thereunder, and shall be accompanied by an approved | ||
disinfection system or other associated water treatment device | ||
necessary to provide potable water to the affected area. | ||
With the property owner's or occupant's consent, the owner | ||
or operator of an underground natural gas storage facility | ||
shall provide, install, and maintain natural gas detection | ||
devices, at the owner's or operator's expense, determined to | ||
be appropriate by the owner or operator in the affected areas, | ||
including domiciles, to monitor the presence of natural gas. | ||
The owner or operator shall maintain and calibrate the devices | ||
according to the recommendations, if any, set by the | ||
manufacturers of the device. The owner or operator shall | ||
provide the device manufacturer's specifications to the | ||
property owner or occupant for the specific gas detector, | ||
including the installed functions and the alarm levels set on | ||
the installed device. The alarm shall be set no higher than 25% | ||
of the lower explosive level for methane. If the property | ||
owner or occupant denies consent, the owner or operator of the | ||
underground natural gas storage facility shall notify the | ||
Department, and no further action related to the installation |
of devices is required by the owner or operator. | ||
The owner or operator shall maintain routine monitoring of | ||
the areas impacted by the leak or unintentional release by | ||
method and frequency as determined by the owner or operator | ||
and create a schedule to be shared with the Department of | ||
Natural Resources, the Environmental Protection Agency, and | ||
the Department of Public Health. If the Department of Natural | ||
Resources, the Environmental Protection Agency, or the | ||
Department of Public Health determines that the monitoring | ||
schedule is insufficient, then the owner or operator shall | ||
defer to the most rigorous recommended schedule. The owner or | ||
operator shall undertake a comprehensive inspection to an | ||
extent as determined by the owner or operator. | ||
Monitoring of the area impacted shall be maintained for a | ||
period after corrective action is completed. The | ||
post-correction monitoring period shall end as prescribed in | ||
the owner's or operator's procedures or otherwise required by | ||
the Department.
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