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PRINTER'S NO. 648
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
653
Session of
2015
INTRODUCED BY VANCE, ALLOWAY, BAKER, BREWSTER, RAFFERTY,
YUDICHAK, BARTOLOTTA, SCHWANK AND VULAKOVICH, MARCH 23, 2015
REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY, MARCH 23, 2015
AN ACT
Amending Title 27 (Environmental Resources) of the Pennsylvania
Consolidated Statutes, in conservation and natural resources,
providing for water well construction standards; and
prescribing penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 27 of the Pennsylvania Consolidated
Statutes is amended by adding a chapter to read:
CHAPTER 33
WATER WELL CONSTRUCTION STANDARDS
Sec.
3301. Scope of chapter.
3302. Definitions.
3303. Water well construction standards and decommissioning of
abandoned wells.
3304. Powers and duties.
3305. Penalties.
3306. Construction.
§ 3301. Scope of chapter.
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This chapter provides for water well construction standards.
§ 3302. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Abandoned well." A water well that is no longer equipped in
such a manner as to be able to draw groundwater. This term
includes a water well where the pump, piping or electrical
components have been disconnected or removed or when its use on
a regular or prescribed basis has been discontinued. The term
does not include a water well that is not currently used, but is
equipped or otherwise properly maintained in such a manner as to
be able to draw groundwater as an alternative, backup or
supplemental water source.
"Casing." An impervious durable pipe placed in a water well
to prevent the walls from caving in, to seal off surface
drainage or undesirable water, gas or other fluids and to
prevent them from entering the water well.
"Decommissioning." The process of properly filling and
sealing an abandoned well.
"Department." The Department of Environmental Protection of
the Commonwealth.
"Drilling." An act necessary to the construction of a water
well, including, but not limited to, drilling, boring, coring,
washing, jetting and driving.
"Groundwater." Water beneath the surface of the ground
within a zone of saturation, whether or not flowing through
known and definite channels or percolating through underground
geologic formations and regardless of whether the result of
natural or artificial recharge. The term includes water
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contained in an aquifer, artesian and nonartesian basin,
underground watercourse and any other body of water below the
surface of the earth.
"Grout." A permanent water-tight joint or connection made by
filling with concrete, neat cement or other approved impervious
material between the casing and the undisturbed formation
surrounding a water well or between two strings of casing.
"Person." A natural person, association, partnership or
corporation. Whenever used in any provision of this chapter
prescribing and imposing a penalty or imposing a fine or
imprisonment, or both, the term, as applied to an association,
shall include the members thereof and, as applied to a
corporation, the officers thereof. The provisions of this
chapter restricting or regulating the actions of any person
shall be construed as regulating or restricting the actions of
the employees and agents of such person.
"Public water system." A system that provides water to the
public for human consumption and has at least 15 service
connections or regularly serves an average of at least 25
individuals daily at least 60 days per year. The term includes
collection, treatment, storage and distribution facilities
whether or not they are under the control of the operator of the
system and used in connection with the system.
"Safe drinking water account." The Safe Drinking Water
Account established by the act of May 1, 1984 (P.L.206, No.43),
known as the Pennsylvania Safe Drinking Water Act.
"Test well." A hole drilled for the sole purpose of
measuring groundwater quantity and availability.
"Water for human consumption." The term includes water that
is used for drinking, bathing and showering, cooking,
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dishwashing or maintaining oral hygiene.
"Water well." An excavation that is drilled, bored, cored,
washed, driven, jetted or otherwise constructed when the
intended use of the excavation is for the location, diversion or
acquisition of groundwater for purposes which may include, but
are not limited to, human consumption, irrigation, industrial
process, production or cooling purposes, groundwater dewatering,
investigation, monitoring, testing or remediation. The term does
not include an excavation for the purposes of:
(1) obtaining or prospecting for oil, natural gas,
minerals or products of mining or quarrying;
(2) inserting media to repressure oil-bearing or natural
gas-bearing formation, storing petroleum or other materials;
or
(3) a public water system regulated under the act of May
1, 1984 (P.L.206, No.43), known as the Pennsylvania Safe
Drinking Water Act.
"Water well completion report." A report that describes
where, when and how a well was constructed and includes a
section outlining the water well owner's responsibilities,
including the decommissioning of abandoned wells, under this
chapter.
"Water well decommissioning report." A report that describes
where, when and how a well was decommissioned.
"Water well driller." A water well contractor who is
licensed under the act of May 29, 1956 (1955 P.L.1840, No.610),
known as the Water Well Drillers License Act, and has contracted
for the drilling, digging, driving, boring, coring, washing,
jetting, constructing, altering, repairing or decommissioning of
a water well.
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"Water well owner." A person who owns land that is used for
any purpose and on which a water well has been drilled.
§ 3303. Water well construction standards and decommissioning
of abandoned wells.
(a) General rule.--A water well in this Commonwealth shall
be constructed by a water well driller in accordance with water
well construction standards, as adopted under section 3304
(relating to powers and duties).
(b) Duty to decommission abandoned wells.--
(1) A water well owner shall be responsible for the
decommissioning of an abandoned well on the water well
owner's land.
(2) An abandoned well shall be decommissioned by a water
well driller in accordance with decommissioning standards as
adopted under section 3304.
(3) A water well abandoned after the adoption of
regulations under section 3304 shall be decommissioned within
one year following abandonment.
(4) A water well abandoned prior to the effective date
of this section shall be decommissioned within two years of
the adoption of regulations under section 3304.
(c) Duty to provide reports.--A water well driller shall
provide the Department of Conservation and Natural Resources, as
required under the act of May 29, 1956 (1955 P.L.1840, No.610),
known as the Water Well Drillers License Act, the department and
water well owner, upon forms to be prescribed by the department,
a copy of a water well completion or decommissioning report.
(d) Exemption.--A county or municipality with an existing
ordinance upon the effective date of this section relating to
water well construction or decommissioning standards, to the
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extent the ordinance is consistent with the regulations adopted
under section 3304, shall be exempt from the provisions of this
chapter.
§ 3304. Powers and duties.
(a) Environmental Quality Board.--The Environmental Quality
Board shall promulgate rules and regulations adopting
construction and decommissioning standards.
(b) Department.--
(1) The department shall enforce the penalties
authorized under section 3305 (relating to penalties) and may
issue orders or take such actions as may be necessary and
appropriate to obtain compliance with this chapter.
(2) Civil penalties under section 3305 shall be
deposited into the Safe Drinking Water Account to be used by
the department to provide for any administrative costs
associated with this chapter.
(3) The department shall post information on its
publicly accessible Internet website regarding private water
wells, including the construction and decommissioning
standards promulgated under this chapter and the total amount
of fines collected annually and deposited into the Safe
Drinking Water Account.
§ 3305. Penalties.
(a) Summary offense.--A person who constructs a water well
or decommissions an abandoned well in violation of section 3303
(relating to water well construction standards and
decommissioning of abandoned wells) commits a summary offense
and shall, upon conviction, be sentenced to pay a fine of not
more than $1,000 and, in default thereof, to imprisonment for
not more than 10 days.
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(b) Misdemeanor.--A person previously convicted of a summary
offense under subsection (a) who constructs a water well or
causes a water well to be constructed in violation of section
3303 commits a misdemeanor and shall, upon conviction, be
sentenced to pay a fine of not more than $5,000 and, in default
thereof, to imprisonment for not more than three months.
(c) Failure to file a water well completion or
decommissioning report.--A water well driller who fails to file
the report required by this chapter commits a summary offense
and shall, upon conviction, be sentenced to pay a fine of not
more than $250 and, in default thereof, to imprisonment for not
more than 10 days.
§ 3306. Construction.
Nothing in this chapter shall be construed to allow:
(1) The department or the Department of Conservation and
Natural Resources to require a permit of any kind for the
construction or the decommissioning of a water well.
(2) The Commonwealth or a municipality or an agency, an
authority, a department or a division thereof to meter,
charge, tax or otherwise impose a fee for the usage of a
private water well.
Section 2. This act shall take effect as follows:
(1) The addition of 27 Pa.C.S. §§ 3303 and 3305 shall
take effect on the date regulations under 27 Pa.C.S. § 3304
are adopted.
(2) The remainder of this act shall take effect in 30
days.
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