THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY WARD, SCARNATI, YAW, VOGEL, EARLL, PILEGGI, ERICKSON, COSTA, FONTANA, TARTAGLIONE AND WILLIAMS, MARCH 23, 2011

REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY, MARCH 23, 2011  

AN ACT

Amending the act of December 19, 1984 (P.L.1140, No.223),

entitled "An act relating to the development of oil and gas

and coal; imposing duties and powers on the Department of

Environmental Resources; imposing notification requirements

to protect landowners; and providing for definitions, for

various requirements to regulate the drilling and operation

of oil and gas wells, for gas storage reservoirs, for various

reporting requirements, including certain requirements

concerning the operation of coal mines, for well permits, for

well registration, for distance requirements, for well casing

requirements, for safety device requirements, for storage

reservoir obligations, for well bonding requirements, for a

Well Plugging Restricted Revenue Account to enforce oil and

gas well plugging requirements, for the creation of an Oil

and Gas Technical Advisory Board, for oil and gas well

inspections, for enforcement and for penalties," further

providing for enforcement orders and for civil penalties.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 503 of the act of December 19, 1984

(P.L.1140, No.223), known as the Oil and Gas Act, is amended by

adding a subsection to read:

Section 503.  Enforcement orders.

* * *

(f)  The department shall post inspection reports on its

publicly accessible Internet website. The inspection reports

shall include:

(1)  The nature and description of violations.

(2)  The operator's written response to the violation, if

available.

(3)  The status of the violation.

(4)  The remedial steps taken by the operator or the

department to address the violation.

Section 2.  Section 506 of the act is amended to read:

Section 506.  Civil penalties.

In addition to proceeding under any other remedy available at

law or in equity for a violation of a provision of this act or a

rule or regulation of the department or any order of the

department, the Environmental Hearing Board, after hearing, may

assess a civil penalty upon a person for such violation. Such a

penalty may be assessed whether or not the violation was

willful. The civil penalty [so assessed] shall not exceed

$25,000, plus $1,000 for each day [of continued violation] 

during which the violation continues, or in the case of a

violation arising from the construction, alteration or operation

of an unconventional well, $50,000, plus $2,000 for each day

during which the violation continues. In determining the amount

of the civil penalty, the board shall consider the willfulness

of the violation, damage or injury to the natural resources of

the Commonwealth or their uses, endangerment of the safety of

others, costs of remedying the harm, savings resulting to the

person in consequence of such violation and other relevant

factors. It shall be payable to the Commonwealth and shall be

collectible in any manner provided at law for the collection of

debts. If any person liable to pay any such penalty neglects or

refuses to pay the same after demand, the amount, together with

interest and any costs that may accrue, shall be a lien in favor

of the Commonwealth upon the property, both real and personal,

of such person but only after same has been entered and docketed

of record by the prothonotary of the county where such is

situated. The board may, at any time, transmit to the

prothonotaries of the respective counties certified copies of

all such liens, and it shall be the duty of each prothonotary to

enter and docket the same of record in his office and to index

the same as judgments are indexed, without requiring the payment

of costs as a condition precedent to the entry thereof.

Section 3.  This act shall take effect in 60 days.