Illinois Permits Fracking – What the heck is wrong with that statement

In Illinois, with in 60 days you are a super dooper presto oil drilling rig manly man. The state government in Illinois is not serious about regulating this very dangerous process. Be scared. Be very scared indeed.


Today (Monday, 12/9/13)  is Day 25 of the Comment Period of IDNR.   WE ARE HALFWAY THROUGH THE COMMENT PERIOD!!  Thank you–all of you–who have submitted comments.  We wish we could tell you that we’ve run out of things that are wrong with the Rules, but as we work our way through them, we are sadly finding many things that pose risks to public health and safey.  So keep your comments coming. 
Day 25 12/9/13 
Today’s Topic:  The 60-day review period should not begin until IDNR deems the application complete.
Section 1-35 (f) of the Law states that the applicant must certify, “under penalty of perjury that the application is true, accurate, and complete.”
Subsection 245.230(d) & (e) of the Rules gives the Department 60 days to review and approve or reject the permit.  If, during that time, the Department deems the application is NOT complete, it is to notify the applicant in writing of the deficiencies and allow the applicant to correct them.
But it doesn’t stop the 60-day clock from ticking.
This is important because the 60-day review period runs parallel to the period of time the public has to prepare for a public hearing.  The rules, as written, invite abuse by unscrupulous applicants who could submit incomplete applications and withhold permit information until late in the process, thereby cheating the public out of valuable time needed to review the application and prepare for a hearing.
Revisions Needed:  This section should provide that the Department’s 60-day review period does not begin until the application is deemed complete by the Department. This would be allowable under the law as the law affords applicants the option of waiving the 60 days on its own accord or at the request of the Department.  If the Department finds the application to be incomplete, it could (and should) request the applicant waive the 60 day requirement, commencing it only after the application deficiency is cured.  Failure by the applicant to comply with this request should be viewed by the Department as grounds for rejecting the application and denying the permit.  The public comment period would, simultaneously be postponed to match the new timeframe.
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