Sec. 30. Additional landowner rights.

373 words·~2 min read·/il/chapter-415/act-185/30

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Any carbon dioxide injection well or deep monitoring well authorized by the United States Environmental Protection Agency through a valid UIC Class VI permit must adhere to the new well set back requirements of 62 Ill. Adm. Code 240.410(f).

(b)If there is a significant leak of carbon dioxide from an injection well, monitoring well, or other point on the surface, which is associated with carbon sequestration activity, all landowners shall be entitled to medical monitoring of a scope and duration to be determined by the Department of Public Health at the expense of the carbon dioxide sequestration facility operator.

(c)Prior to the commencement of carbon dioxide injection, the sequestration operator shall inform, via certified mail, each property owner overlying the carbon sequestration facility of the opportunity to request from the sequestration operator an accurate, well-functioning carbon dioxide monitor, which the sequestration operator shall provide to the property owner within 30 days of receiving a written request.

(d)If monitoring conducted pursuant to United States Environmental Protection Agency or Illinois Environmental Protection Agency requirements shows that carbon dioxide has migrated into the pore space of a pore space owner not previously included within an application or order integrating pore space, the sequestration operator shall, within 14 days, notify that pore space owner of the migration and of the opportunity to petition the Department of Natural Resources for inclusion in the integrated area. If the pore space owner submits such a petition, the sequestration operator shall provide to the Department of Natural Resources, for its consideration of the petition, the monitoring information showing the migration of the carbon dioxide into the pore space of the pore space owner at issue. The Department of Natural Resources shall grant such a petition if it determines that stored carbon dioxide from a permitted sequestration facility is physically present in the pore space owned by the pore space owner. If the Department of Natural Resources grants the petition for inclusion in the integrated area and the pore space owner has not entered into an agreement with the sequestration operator for use of the pore space, the pore space owner shall be considered a nonconsenting pore space owner entitled to just compensation.