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| Public Act 103-0120
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| HB1190 Enrolled | LRB103 05716 CPF 50736 b |
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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:
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(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, |
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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 |
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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.)
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(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 |
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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 |
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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 |
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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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