Illinois oil and gas laws can be found in Chapter 225 of Illinois Compiled Statutes. Pursuant to 225 ILCS 725/1.2, the Director of Natural Resources appoints the Oil and Gas Board consisting of seven members, six of whom have to be actively engaged in the oil and gas industry.
Powers and Jurisdiction of the Department
The Department of Natural Resources has jurisdiction and authority over all persons and property necessary to enforce effectively the provisions of this Act. In aid of such jurisdiction, the Director, or anyone designated in writing by the Director, has the authority to administer oaths and to issue subpoenas for the production of records or other documents and for the attendance of witnesses at any proceedings of the Department[i].
The Department has the authority to conduct hearings and to make such reasonable rules as may be necessary from time to time in the proper administration and enforcement of this Act, including the adoption of rules and the holding of hearings[ii].
The Department has the right at all times to go upon and inspect oil and gas properties from which oil or gas is being produced, or gas storage fields, or where drilling operations have been or are being conducted for the purpose of ascertaining whether the provisions of this Act and any orders or rules entered or made in pursuance of this Act are being complied with[iii].
Civil Actions
Whenever it appears that any person is violating or threatening to violate any provision of this Act, or any rule or final administrative order made hereunder, the Department, through the Attorney General, who may call to his/her assistance the State’s Attorney of the county in which an action is instituted, brings an action in the name of the People of the State of Illinois against such person in the circuit court of the county wherein any part of the land or any activity which is the subject matter of such action is located, or a final administrative order was entered, to restrain such person from continuing such violation or from carrying out the threat of violation[iv]. In such action, the Department, in the name of the People of the State of Illinois, may obtain such injunctions, prohibitory and mandatory, including temporary restraining orders and preliminary injunctions, or other enforcement orders as the facts may warrant.
Penalties
Any person who violates any provision of the Act or any valid rule, regulation, permit or order of the Department made, or who repeats or continues the violation thereof, will be subject to a civil penalty not to exceed $ 1,000 a day for each and every act of violation[v].
Any person wilfully aiding or abetting any other person in the violation of any provision of the Act, or any rule, regulation and order made hereunder, will be subject to the same penalties as are prescribed for the violation by such other person.
[i] 225 ILCS 725/4.
[ii] 225 ILCS 725/6.
[iii] 225 ILCS 725/7.
[iv] 225 ILCS 725/11.
[v] 225 ILCS 725/26.
