Resources (IDNR) shall: (Creed #1, 3, 6)
a. Publish the names of those who drafted the rules governing hydraulic fracturing in the State of Illinois in a state newspaper and on the IDNR website, including the drafters’ qualifications or backgrounds pertaining to their work on the hydraulic fracturing bill, within thirty (30) days of their appointment to the hydraulic fracturing committee.
b. Publish in a state newspaper and on the IDNR website a list of the names of those public health and environmental scientists involved in rule-making process with a description of their qualifications or backgrounds pertaining to the hydraulic fracturing bill within thirty (30) days of their appointment to the hydraulic fracturing committee.
c. Name scientists and/or direct action leaders on the [hydraulic fracturing committee] submitted by Illinois People’s Action and/or other Illinois social, political or environmental groups who share the opinions of those Illinois citizens working to oppose hydraulic fracturing.
2. With regard to personnel responsible for approving or rejecting hydraulic fracturing permits, the IDNR will:
a. Disclose the qualifications of personnel responsible for issuing hydraulic fracturing permits and provide a list of the permits issued by said personnel.
b. Identify the qualifications of personnel responsible for inspecting, approving, or rejecting hydraulic fracturing and their capacity to verify information provided by the applicant.
c. Identify the capacity of personnel responsible for approving or rejecting hydraulic fracturing to access the necessary resources to conduct thorough background checks on the operators requesting permits including, but not limited to, current and past violations.
d. Increase public transparency regarding the hydraulic fracturing regulation process, disclose the number of inspectors hired as well as the nature and duration of the training they have or will have undergone before they undertake this assignment, and/or any qualifications said inspectors brought to the position before being hired by IDNR.
3. Require all hydraulic permit applications to publicly disclose the depth, direction(s) and length(s) of any and all drilling done in relation to a single well head, and make this information available on the IDNR website.
4. Public Disclosure: Real time reporting and transparency: IDNR shall not issue a permit until the following public information and emergency notification systems are in place: (Creed #2, 3, 4, 5,
a. A list of all chemicals to be used in the well, or in the vicinity of the well, potential adverse effects of those chemicals and treatment recommended if exposed to them.
b. A Public Information guide developed in consultation with Public health officials, seismologists, and emergency medical and rescue workers and published on the IDNR site and distributed in booklet form to residents within 1 mile of any part of a fracking operation (including any part of an underground horizontal leg).
c. The company Material Safety Data Sheet (MSDS) for each chemical or product used in the well or its vicinity during any stage or for any action related to the hydraulic fracturing process.
i. The MSDS must also be distributed to local fire departments, and local and state emergency planning officials under Section 311 of the Emergency Planning and Community Right-to-Know Act. This distribution must happen at least thirty (30) days prior to use of the product on the hydraulic fracturing site.
ii. With regard to chemicals used, the MSDS shall list all chemicals to be used in the well or in its vicinity, potential adverse effects of those chemicals, and recommended treatment if exposed.
d. Creation of an Operator’s Violations page on the website that is easy to locate and navigate. Violations and/or accidents are to be posted within 48 hours of an event, with easy-to-comprehend descriptions of:
i. what caused the event;
ii. what were the damages to property, life, environment, public health;
iii. closure of operation (even if temporary);
iv. license suspensions and/or license revocations.
v. the dollar amount of fine.
Items to be reported include but are not limited to: traffic accidents, well-casing failures, spills, dumping of produced water, frack pad fires, overflow of open pit storage, intentional or accidental venting of methane, increased levels of methane and/or other chemicals in surrounding groundwater, soil or air, explosions, radiation leaks/exposure, transportation spillage, and aquatic and wildlife kills.
5. If a hydraulic fracturing company contests a penalty, or negotiates with the State of Illinois or a private citizen to settle a dispute out of court, all such settlements and/or lawsuit decisions must be described on the IDNR web site. If a hydraulic fracturing company requires that a settlement or details of a court decision be kept confidential in order for settlement to be reached, the IDNR will refuse to grant any future drilling permits to said company until the settlement details or court case details are publicly disclosed as required by the IDNR.
6. Corporate Liability: (Creed #2, 3, 4, 5, 6)
Recognizing that many of hydraulic fracturing’s effects on public health have yet to be determined, and further recognizing that only the open sharing of health data will allow such detrimental health effects to be discerned, the IDNR hereby calls for a completely transparent approach to all health records likely to be related to hydraulic fracturing. In the event that IDNR learns through its inspectors or citizen reports of a public health occurrence or occurrences reasonably believed to be connected with a hydraulic fracturing site, IDNR will publish the details of such events, though not the names of the affected individuals unless permission is secured from citizens affected negatively by exposure to the hydraulic fracturing process. The IDNR further requires that any non-disclosure agreements as related to disputes, settlements or court cases between physicians and industry or patients and industry are forbidden.