PRINTER'S NO. 628

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

596

Session of

2017

INTRODUCED BY HARPER, MURT, MARSHALL AND SCHWEYER,

FEBRUARY 23, 2017

REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY,

hereby enacts as follows:

Section 1. Title 27 of the Pennsylvania Consolidated

Statutes is amended by adding a chapter to read:

Sec.

3301. Scope of chapter.

3302. Definitions.

3303. Water well construction standards and decommissioning of

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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

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

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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

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.

"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,

dishwashing or maintaining oral hygiene.

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

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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

"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.

"Water well owner." A person who owns land that is used for

any purpose and on which a water well has been drilled.

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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) Decommissioning of abandoned wells.--

(1) All water well owners shall be responsible for the

decommissioning of abandoned wells.

(2) All abandoned wells in this Commonwealth shall be

decommissioned by a water well driller in accordance with

decommissioning standards as adopted under section 3304.

(3) Water wells abandoned after the adoption of

regulations under section 3304 shall be decommissioned within

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.--Counties or municipalities with existing

ordinances, upon the effective date of this section, relating to

water well construction or decommissioning standards, to the

extent that such ordinances are consistent with the regulations

adopted under section 3304, shall be exempt from the provisions

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Board shall promulgate such rules and regulations adopting

construction and decommissioning standards such as those

recommended by the American National Standards

Institute/National Ground Water Association or shall promulgate

similar construction or decommissioning standards as it deems

necessary for the implementation of the provisions of this

chapter.

(b) Department.--

(1) The department shall develop and implement

procedures as may be necessary and appropriate in order to

obtain compliance with this chapter or the rules and

reasonable fees from water well drillers, which fees

shall be submitted along with water well completion and

decommissioning reports, for administering the provisions

of this chapter.

penalties under section 3305 shall be deposited into the

Safe Drinking Water Account.

(3) 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

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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.

(5) The department shall enforce the penalties

authorized under section 3305 and may issue orders or take

such actions as may be necessary and appropriate to obtain

compliance with this chapter.

§ 3305. Penalties.

(a) Summary offense.--A person who constructs a water well

or decommissions an abandoned well in violation of section 3303

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

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Commonwealth or any municipality or any agency, authority,

department or division thereof to meter, charge, tax or

otherwise impose a fee for the use of private water wells in

this Commonwealth.

(2) The remainder of this act shall take effect in 30

days.

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