1Amending Title 27 (Environmental Resources) of the Pennsylvania
2Consolidated Statutes, in conservation and natural resources,
3providing for water well construction standards.

4The General Assembly of the Commonwealth of Pennsylvania
5hereby enacts as follows:

6Section 1. Title 27 of the Pennsylvania Consolidated
7Statutes is amended by adding a chapter to read:

8CHAPTER 33

9WATER WELL CONSTRUCTION STANDARDS

10Sec.

113301. Scope of chapter.

123302. Definitions.

133303. Water well construction standards and decommissioning of
14abandoned wells.

153304. Powers and duties.

163305. Penalties.

<-173306. Construction.

1§ 3301. Scope of chapter.

2This chapter provides for water well construction standards.

3§ 3302. Definitions.

4The following words and phrases when used in this chapter
5shall have the meanings given to them in this section unless the
6context clearly indicates otherwise:

7"Abandoned well." A water well that is no longer equipped in
8such a manner as to be able to draw groundwater. This term
9includes a water well where the pump, piping or electrical
10components have been disconnected or removed or when its use on
11a regular or prescribed basis has been discontinued. The term
12does not include a water well that is not currently used, but is
13equipped or otherwise properly maintained in such a manner as to
14be able to draw groundwater as an alternative, backup or
15supplemental water source.

16"Casing." An impervious durable pipe placed in a water well
17to prevent the walls from caving in and to seal off surface
18drainage or undesirable water, gas or other fluids and to
19prevent them from entering the water well.

20"Decommissioning." The process of properly filling and
21sealing an abandoned well.

22"Department." The Department of Environmental Protection of
23the Commonwealth.

24"Drilling." An act necessary to the construction of a water
25well, including, but not limited to, drilling, boring, coring,
26washing, jetting and driving.

27"Groundwater." Water beneath the surface of the ground
28within a zone of saturation, whether or not flowing through
29known and definite channels or percolating through underground
30geologic formations and regardless of whether the result of

1natural or artificial recharge. The term includes water
2contained in an aquifer, artesian and nonartesian basin,
3underground watercourse and any other body of water below the
4surface of the earth.

5"Grout." A permanent water tight joint or connection made by
6filling with concrete, neat cement, or other approved impervious
7material between the casing and the undisturbed formation
8surrounding a water well or between two strings of casing.

9"Person." A natural person, association, partnership or
10corporation. Whenever used in any provision of this chapter
11prescribing and imposing a penalty or imposing a fine or
12imprisonment, or both, the term, as applied to an association,
13shall include the members thereof and, as applied to a
14corporation, the officers thereof. The provisions of this
15chapter restricting or regulating the actions of any person
16shall be construed as regulating or restricting the actions of
17the employees and agents of such person.

18"Public water system." A system that provides water to the
19public for human consumption and has at least 15 service
20connections or regularly serves an average of at least 25
21individuals daily at least 60 days per year. The term includes
22collection, treatment, storage and distribution facilities
23whether or not they are under the control of the operator of the
24system and used in connection with the system.

25"Test-well." A hole drilled for the sole purpose of
26measuring groundwater quantity and availability.

27"Water for human consumption." The term includes water that
28is used for drinking, bathing and showering, cooking,
29dishwashing or maintaining oral hygiene.

30"Water well." An excavation that is drilled, bored, cored,

1washed, driven, jetted or otherwise constructed when the
2intended use of the excavation is for the location, diversion or
3acquisition of groundwater for purposes which may include, but
4are not limited to, human consumption, irrigation, industrial
5process, production or cooling purposes, groundwater dewatering,
6investigation, monitoring, testing or remediation. The term does
7not include an excavation for the purposes of:

8(1) obtaining or prospecting for oil, natural gas,
9minerals or products of mining or quarrying;

10(2) inserting media to repressure oil-bearing or natural
11gas-bearing formation, storing petroleum or other materials;
12or

13(3) a public water system regulated under the act of May
141, 1984 (P.L.206, No.43), known as the Pennsylvania Safe
15Drinking Water Act.

16"Water well completion report." A report that describes
17where, when and how a well was constructed and includes a
18section outlining the water well owner's responsibilities,
19including the decommissioning of abandoned wells, under this
20act.

21"Water well decommissioning report." A report that describes
22where, when and how a well was decommissioned.

23"Water well driller." A water well contractor who is
24licensed under the act of May 29, 1956 (1955 P.L.1840, No.610),
25known as the Water Well Drillers License Act, and has contracted
26for the drilling, digging, driving, boring, coring, washing,
27jetting, constructing, altering, repairing or decommissioning of
28a water well.

29"Water well owner." A person who owns land that is used for
30any purpose and on which a water well has been drilled.

1§ 3303. Water well construction standards and decommissioning
2of abandoned wells.

3(a) Water well construction standards.--All water wells in
4this Commonwealth shall be constructed by a water well driller
5in accordance with water well construction standards, as
<-6promulgated adopted under section 3304 (relating to powers and
7duties).

8(b) Decommissioning of abandoned wells.--

9(1) All water well owners shall be responsible for the
10decommissioning of abandoned wells.

11(2) All abandoned wells in this Commonwealth shall be
12decommissioned by a water well driller in accordance with
13decommissioning standards as <-promulgated adopted under
14section 3304.

15(3) Water wells abandoned after the adoption of
16regulations <-promulgated under section 3304 shall be
17decommissioned within one year following abandonment. Water
18wells abandoned prior to the effective date of this section
19shall be decommissioned within two years of the adoption of
20regulations <-promulgated under section 3304.

21(c) Water well completion or decommissioning reports.--A
22water well driller shall provide the Department of Conservation
23and Natural Resources, as required under the act of May 29, 1956
24(1955 P.L.1840, No.610), known as the Water Well Drillers
25License Act, the department and water well owner, upon forms to
26be prescribed by the department, a copy of a water well
27completion or decommissioning report.

28(d) Exemption.--Counties or municipalities with existing
29ordinances, upon the effective date of this section, relating to
30water well construction or decommissioning standards, to the

1extent that such ordinances are consistent with the regulations
<-2promulgated adopted under section 3304, shall be exempt from the
3provisions of this chapter.

4§ 3304. Powers and duties.

5(a) Environmental Quality Board.--The Environmental Quality
6Board shall promulgate such rules and regulations adopting
7construction and decommissioning standards such as those
<-8utilized by existing county programs recommended by the American
9National Standards Institute/National Ground Water Association
10or shall promulgate similar construction or decommissioning
11standards as it deems necessary for the implementation of the
12provisions of this chapter.

13(b) Department.--

14(1) The department shall <-develop and implement
15procedures as may be necessary and appropriate in order to
16obtain compliance with this chapter or the rules and
17regulations promulgated under <-enforce the penalties
18authorized under section 3305 (relating to penalties) and may
19issue orders or take such actions as may be necessary and
20appropriate to obtain compliance with this chapter.

<-21(2) (i) The department shall establish and collect
22reasonable fees from water well drillers, which fees
23shall be submitted along with water well completion and
24decommissioning reports, for administering the provisions
25of this chapter.

26(ii) Fees assessed under this section and civil
27penalties under section 3305 (relating to penalties)

<-28(2) Civil penalties under section 3305 shall be
29deposited into the Safe Drinking Water Fund <-to be used by the
30department to provide for any administrative costs associated

1with this chapter.

2(3) The department shall post information on its
3publicly accessible Internet website regarding private water
4wells, including the construction and decommissioning
5standards promulgated under this chapter <-and the total amount 
6of fines collected annually and deposited into the Safe 
7Drinking Water Fund.

<-8(4) The department shall enforce the penalties
9authorized under section 3305 and may issue orders or take
10such actions as may be necessary and appropriate to obtain
11compliance with this chapter.

12§ 3305. Penalties.

13(a) Summary offense.--A person who constructs a water well
14or decommissions an abandoned well in violation of section 3303
15(relating to water well construction standards and
16decommissioning of abandoned wells) commits a summary offense
17and shall, upon conviction, be sentenced to pay a fine of not
18more than $1,000 and, in default thereof, to imprisonment for
19not more than ten days.

20(b) Misdemeanor.--A person previously convicted of a summary
21offense under subsection (a) who constructs a water well or
22causes a water well to be constructed in violation of section
233303 commits a misdemeanor and shall, upon conviction, be
24sentenced to pay a fine of not more than $5,000 and, in default
25thereof, to imprisonment for not more than three months.

26(c) Failure to file a water well completion or
27decommissioning report.--A water well driller who fails to file
28the report required by this chapter commits a summary offense
29and shall, upon conviction, be sentenced to pay a fine of not
30more than $250 and, in default thereof, to imprisonment for not

1more than ten days.

<-2§ 3306. Construction.

3Nothing in this chapter shall be construed to allow:

4(1) The department or the Department of Conservation and
5Natural Resources to require a permit of any kind for the
6construction or the decommissioning of water wells in this
7Commonwealth.

8(2) The Commonwealth or any municipality or any agency,
9authority, department or division thereof to meter, charge,
10tax or otherwise impose a fee for the usage of private water
11wells in this Commonwealth.

12Section 2. This act shall take effect as follows:

13(1) The addition of 27 Pa.C.S. §§ 3303 and 3305 shall
14take effect on the date regulations under 27 Pa.C.S. § 3304
15are adopted.

16(2) The remainder of this act shall take effect in 30
17days.