PRINTER'S NO. 391
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
392
Session of
2017
INTRODUCED BY YUDICHAK, FARNESE, COSTA, TARTAGLIONE, BREWSTER,
MENSCH AND HUGHES, FEBRUARY 16, 2017
REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY,
FEBRUARY 16, 2017
AN ACT
Amending Title 58 (Oil and Gas) of the Pennsylvania Consolidated
Statutes, in development, further providing for protection of
water supplies, for transportation records regarding
wastewater fluids, for inspection and production of
materials, witnesses, depositions and rights of entry and for
inspection reports.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 3218(b) and (b.4), 3218.3, 3258(a.1) and
3262 of Title 58 of the Pennsylvania Consolidated Statutes are
amended to read:
§ 3218. Protection of water supplies.
* * *
(b) Pollution or diminution of water supply.--
(1) A landowner or water purveyor suffering pollution or
diminution of a water supply as a result of the drilling,
alteration or operation of an oil or gas well may so notify
the department and request that an investigation be
conducted.
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(2) Within ten days of notification, the department
shall investigate the claim and make a determination within
45 days following notification[.] or, in the event that
migration of natural gas is involved, within 90 days
following notification.
(3) If the department finds that the pollution or
diminution was caused by drilling, alteration or operation
activities or if it presumes the well operator responsible
for pollution under subsection (c), the department shall
issue orders to the well operator necessary to assure
compliance with subsection (a), including orders requiring
temporary replacement of a water supply where it is
determined that pollution or diminution may be of limited
duration.
* * *
(b.4) Website.--The department shall publish, on its
Internet website[, lists]:
(1) Lists of confirmed cases of subterranean water
supply contamination that result from hydraulic fracturing.
(2) Lists of probable cases of subterranean water supply
contamination that are supported by credible evidence.
* * *
§ 3218.3. Transportation records regarding wastewater fluids
and drill cuttings.
(a) Requirements.--A well operator of an unconventional well
that generates or transports wastewater fluids or drill cuttings
and a person or company that transports wastewater fluids or
drill cuttings from an unconventional well shall do all of the
following:
(1) Maintain records for five years, in accordance with
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regulations under subsection (b) and on a form approved by
the department, of the amount and destination of the fluids
and drill cuttings transported.
(2) Make the records under paragraph (1) available to
the department upon request.
(b) Recordkeeping.--Recordkeeping requirements shall be
determined by the department and shall include the following:
(1) The number of gallons of wastewater fluids produced
and the tons of drill cuttings generated in the drilling,
stimulation or alteration of a well.
(2) Upon completion of the well, the name of the person
or company that transported the wastewater fluids and drill
cuttings to a disposal site or to a location other than the
well site.
(3) Each location where wastewater fluids were disposed
of or transported and the volumes that were disposed of at
the location other than the well site.
(3.1) Each location where drill cuttings were disposed
of or transported and the volumes that were disposed of at
the location other than the well site.
(4) The method of disposal or treatment.
§ 3258. Inspection and production of materials, witnesses,
depositions and rights of entry.
* * *
(a.1) [Preoperation inspections] Inspections.--
(1) The operator may not commence drilling activities
until the department has conducted an inspection of the
unconventional well site after the installation of erosion
and sediment control measures.
(2) The department shall inspect each unconventional
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well site at least once every year after the well is in
production.
(3) The department may conduct follow-up inspections of
well sites and related activities to determine compliance
with this chapter.
* * *
§ 3262. Inspection reports.
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.
(5) The written comments of the inspector that are
related to the well site.
Section 2. This act shall take effect in 60 days.
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