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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY MILLER, GEORGE, GODSHALL, HARPER, CALTAGIRONE, DONATUCCI, GINGRICH, PETRI, QUINN, ROSS, SCHRODER, K. SMITH, STEPHENS, STURLA, SWANGER AND YOUNGBLOOD, DECEMBER 7, 2011 |
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| REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, DECEMBER 7, 2011 |
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| AN ACT |
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1 | Amending Title 27 (Environmental Resources) of the Pennsylvania |
2 | Consolidated Statutes, in conservation and natural resources, |
3 | providing for water well construction standards. |
4 | The General Assembly of the Commonwealth of Pennsylvania |
5 | hereby enacts as follows: |
6 | Section 1. Title 27 of the Pennsylvania Consolidated |
7 | Statutes is amended by adding a chapter to read: |
8 | CHAPTER 33 |
9 | WATER WELL CONSTRUCTION STANDARDS |
10 | Sec. |
11 | 3301. Scope of chapter. |
12 | 3302. Definitions. |
13 | 3303. Water well construction standards. |
14 | 3304. Powers and duties. |
15 | 3305. Penalties. |
16 | § 3301. Scope of chapter. |
17 | This chapter provides for water well construction standards. |
18 | § 3302. Definitions. |
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1 | The following words and phrases when used in this chapter |
2 | shall have the meanings given to them in this section unless the |
3 | context clearly indicates otherwise: |
4 | "Abandoned well." A water well that is no longer equipped in |
5 | such a manner as to be able to draw groundwater. This term |
6 | includes a water well where the pump, piping or electrical |
7 | components have been disconnected or removed and a test-well |
8 | when its use on a regular or prescribed basis has been |
9 | discontinued. |
10 | "Casing." An impervious durable pipe placed in a water well |
11 | to prevent the walls from caving in and to seal off surface |
12 | drainage or undesirable water, gas or other fluids and to |
13 | prevent them from entering the water well. |
14 | "Decommissioning." The process of properly filling and |
15 | sealing an abandoned well. |
16 | "Department." The Department of Environmental Protection of |
17 | the Commonwealth. |
18 | "Drilling." An act necessary to the construction of a water |
19 | well, including, but not limited to, drilling, boring, coring, |
20 | washing, jetting, driving and digging. |
21 | "Groundwater." Water beneath the surface of the ground |
22 | within a zone of saturation, whether or not flowing through |
23 | known and definite channels or percolating through underground |
24 | geologic formations and regardless of whether the result of |
25 | natural or artificial recharge. The term includes water |
26 | contained in an aquifer, artesian and nonartesian basin, |
27 | underground watercourse and any other body of water below the |
28 | surface of the earth. |
29 | "Grout." A permanent water tight joint or connection made by |
30 | filling with concrete, neat cement, or other approved impervious |
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1 | material between the casing and the undisturbed formation |
2 | surrounding a water well or between two strings of casing. |
3 | "Person." A natural person, association, partnership or |
4 | corporation. Whenever used in any provision of this chapter |
5 | prescribing and imposing a penalty or imposing a fine or |
6 | imprisonment, or both, the term, as applied to an association, |
7 | shall include the members thereof and, as applied to a |
8 | corporation, the officers thereof. The provisions of this |
9 | chapter restricting or regulating the actions of any person |
10 | shall be construed as regulating or restricting the actions of |
11 | the employees and agents of such person. |
12 | "Public water system." A system that provides water to the |
13 | public for human consumption and has at least 15 service |
14 | connections or regularly serves an average of at least 25 |
15 | individuals daily at least 60 days per year. The term includes |
16 | collection, treatment, storage and distribution facilities |
17 | whether or not they are under the control of the operator of the |
18 | system and used in connection with the system. |
19 | "Test-well." A hole drilled for the sole purpose of |
20 | measuring groundwater quantity and availability. |
21 | "Water for human consumption." The term includes water that |
22 | is used for drinking, bathing and showering, cooking, |
23 | dishwashing or maintaining oral hygiene. |
24 | "Water well." An excavation that is drilled, bored, cored, |
25 | washed, driven, dug, jetted or otherwise constructed when the |
26 | intended use of the excavation is for the location, diversion or |
27 | acquisition of groundwater. The term does not include an |
28 | excavation for the purposes of: |
29 | (1) obtaining or prospecting for oil, natural gas, |
30 | minerals or products of mining or quarrying; |
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1 | (2) inserting media to repressure oil-bearing or natural |
2 | gas-bearing formation, storing petroleum or other materials; |
3 | or |
4 | (3) a public water system regulated under the act of May |
5 | 1, 1984 (P.L.206, No.43), known as the Pennsylvania Safe |
6 | Drinking Water Act. |
7 | "Water well completion report." A report that describes |
8 | where, when and how a well was constructed. |
9 | "Water well driller." A water well contractor who has |
10 | contracted for the drilling, digging, driving, boring, coring, |
11 | washing, jetting, constructing, altering or repairing of a water |
12 | well. |
13 | "Water well owner." A person who owns land that is used for |
14 | any purpose and on which a water well has been drilled. |
15 | § 3303. Water well construction standards. |
16 | (a) General rule.--Water well drillers shall adhere to water |
17 | well construction standards, as promulgated under section 3304 |
18 | (relating to powers and duties), including, but not limited to: |
19 | (1) Well site selection. |
20 | (2) Casing and casing installation. |
21 | (3) Well screens, filter packs and formation |
22 | stabilizers. |
23 | (4) Grouting. |
24 | (5) Plumbness and alignment. |
25 | (6) Well development. |
26 | (7) Testing for performance. |
27 | (8) Data recording. |
28 | (9) Disinfection. |
29 | (10) Water sampling and analysis. |
30 | (11) Water well and test-well decommissioning. |
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1 | (b) Decommissioning.--A water well owner of an abandoned |
2 | well shall decommission the abandoned well in accordance with |
3 | the water well construction standards promulgated under this |
4 | chapter. |
5 | (c) Water well completion reports.--A water well driller |
6 | shall provide the department and water well owner, upon forms to |
7 | be prescribed by the department, a copy of a water well |
8 | completion report. The report shall include, but not be limited |
9 | to: |
10 | (1) The exact geographic location and log of the well |
11 | containing a description of materials penetrated. |
12 | (2) The size and depth. |
13 | (3) The diameters, lengths and materials of casing and |
14 | screen installed. |
15 | (4) The static and pumping levels. |
16 | (5) The yield and such other information pertaining to |
17 | the construction or operation of the well or wells as the |
18 | department may require. |
19 | (d) Inspections.--The department or any authorized |
20 | representative may inspect water wells during construction and |
21 | abandoned wells upon decommissioning and may issue orders or |
22 | take such other actions deemed necessary by the department. |
23 | § 3304. Powers and duties. |
24 | (a) Environmental Quality Board.--The Environmental Quality |
25 | Board shall adopt such rules and regulations of the department |
26 | as it deems necessary for the implementation of the provisions |
27 | of this chapter. |
28 | (b) Department.--The department shall develop and implement |
29 | procedures as may be necessary and appropriate in order to |
30 | obtain compliance with this chapter or the rules and regulations |
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1 | promulgated, or permits issued under this chapter. The |
2 | procedures shall include, but not be limited to: |
3 | (1) Establishing and maintaining a permit program |
4 | concerning water well construction standards, decommissioning |
5 | and inspections. |
6 | (2) Entering into agreements, contracts or cooperative |
7 | arrangements to carry out the purposes of this chapter, under |
8 | such terms and conditions as may be deemed appropriate, with |
9 | other Federal or State agencies, political subdivisions, |
10 | public or private agencies or other persons, including |
11 | agreements to give or receive financial and technical |
12 | assistance. |
13 | (3) (i) Establishing and collecting reasonable permit |
14 | fees for conducting inspections and administering the |
15 | provisions of this chapter. |
16 | (ii) Fees assessed under this section and civil |
17 | penalties under section 3305 (relating to penalties) |
18 | shall be deposited into the Clean Water Fund, established |
19 | under section 8 of the act of June 22, 1937 (P.L.1987, |
20 | No.394), known as The Clean Streams Law. |
21 | (4) Notifying water well owners of their |
22 | responsibilities under section 3303 (relating to water well |
23 | construction standards). |
24 | (5) Enforcing the penalties authorized under section |
25 | 3305(d). |
26 | § 3305. Penalties. |
27 | (a) Summary offense.--A person who drills a water well in |
28 | violation of section 3303 (relating to water well construction |
29 | standards) commits a summary offense and shall, upon conviction, |
30 | be sentenced to pay a fine of not more than $1,000 and, in |
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1 | default thereof, to imprisonment for not more than ten days. |
2 | (b) Misdemeanor.--A person previously convicted of a summary |
3 | offense under subsection (a) who drills a water well or causes a |
4 | water well to be drilled in violation of section 3303 commits a |
5 | misdemeanor and shall, upon conviction, be sentenced to pay a |
6 | fine of not more than $5,000 and, in default thereof, to |
7 | imprisonment for not more than three months. |
8 | (c) Failure to file a water well completion report.--A water |
9 | well driller who fails to file the report required by this |
10 | chapter commits a summary offense and shall, upon conviction, be |
11 | sentenced to pay a fine of not more than $250 and, in default |
12 | thereof, to imprisonment for not more than ten days. |
13 | (d) Failure to decommission.--A water well owner who fails |
14 | to decommission an abandoned well as required by this chapter |
15 | commits a misdemeanor and shall, upon conviction, be sentenced |
16 | to pay a fine of not more than $500 and, in default thereof, to |
17 | imprisonment for not more than 30 days. |
18 | Section 2. This act shall take effect as follows: |
19 | (1) The addition of 27 Pa.C.S. § 3305 shall take effect |
20 | 120 days after the adoption of regulations promulgated under |
21 | 27 Pa.C.S. § 3304. |
22 | (2) This section shall take effect immediately. |
23 | (3) The remainder of this act shall take effect in 30 |
24 | days. |
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