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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY MUNDY, BOBACK, BRIGGS, CALTAGIRONE, CARROLL, DALEY, FREEMAN, GOODMAN, McILVAINE SMITH, MURPHY, MURT, M. O'BRIEN, PASHINSKI, PAYTON, SIPTROTH, STURLA, YOUNGBLOOD AND JOSEPHS, SEPTEMBER 14, 2010 |
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| REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY, SEPTEMBER 14, 2010 |
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| AN ACT |
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1 | Amending the act of December 19, 1984 (P.L.1140, No.223), |
2 | entitled "An act relating to the development of oil and gas |
3 | and coal; imposing duties and powers on the Department of |
4 | Environmental Resources; imposing notification requirements |
5 | to protect landowners; and providing for definitions, for |
6 | various requirements to regulate the drilling and operation |
7 | of oil and gas wells, for gas storage reservoirs, for various |
8 | reporting requirements, including certain requirements |
9 | concerning the operation of coal mines, for well permits, for |
10 | well registration, for distance requirements, for well casing |
11 | requirements, for safety device requirements, for storage |
12 | reservoir obligations, for well bonding requirements, for a |
13 | Well Plugging Restricted Revenue Account to enforce oil and |
14 | gas well plugging requirements, for the creation of an Oil |
15 | and Gas Technical Advisory Board, for oil and gas well |
16 | inspections, for enforcement and for penalties," further |
17 | providing for definitions, for well permits and for well |
18 | location restrictions; and providing for disposal of |
19 | wastewater from oil and gas activities targeting the |
20 | Marcellus, Devonian or Utica shale formations and for a |
21 | cumulative impacts study. |
22 | The General Assembly of the Commonwealth of Pennsylvania |
23 | hereby enacts as follows: |
24 | Section 1. Section 103 of the act of December 19, 1984 |
25 | (P.L.1140, No.223), known as the Oil and Gas Act, is amended by |
26 | adding definitions to read: |
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1 | Section 103. Definitions. |
2 | The following words and phrases when used in this act shall |
3 | have the meanings given to them in this section unless the |
4 | context clearly indicates otherwise: |
5 | * * * |
6 | "Best management practices." Activities, facilities, |
7 | measures, planning or procedures used to minimize accelerated |
8 | erosion and sedimentation and manage stormwater to protect, |
9 | maintain, reclaim and restore the quality of waters and the |
10 | existing and designated uses of waters of this Commonwealth |
11 | before, during and after earth disturbance activities. |
12 | * * * |
13 | "Erosion and sediment control permit." A permit issued by |
14 | the Department of Environmental Protection and required for |
15 | earth disturbance activities associated with oil and gas |
16 | activities. |
17 | "Erosion and sediment control plan." A site-specific plan |
18 | consisting of both drawings and narrative that identifies best |
19 | management practices to minimize accelerated erosion and |
20 | sedimentation before, during and after earth disturbance |
21 | activities. |
22 | "Floodplain." The lands adjoining a river or stream that |
23 | have been or may be expected to be inundated by flood waters in |
24 | a 100-year frequency flood. Unless otherwise specified, the |
25 | boundary of the floodplain is as indicated on maps and flood |
26 | insurance studies provided by the Federal Emergency Management |
27 | Agency or equivalent floodplain maps and studies. In an area |
28 | where no such maps or studies have defined the boundary of the |
29 | 100-year floodplain, it is assumed, absent evidence to the |
30 | contrary, that the floodplain extends from the river or stream |
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1 | to 100 feet from the top of streambank. |
2 | * * * |
3 | "Postconstruction stormwater management plan." A site- |
4 | specific plan identifying best management practices to manage |
5 | changes in stormwater runoff volume, rate and water quality |
6 | after earth disturbance activities have ended and the project |
7 | site is permanently stabilized. |
8 | * * * |
9 | "Stripper well." A well site that is not capable of |
10 | producing more than 90,000 cubic feet of natural gas per day. |
11 | "Top of streambank." The first substantial break in slope |
12 | between the edge of the bed of the stream and the surrounding |
13 | terrain. |
14 | * * * |
15 | Section 2. Section 201(a) of the act, amended July 2, 1992 |
16 | (P.L.365, No.78), is amended and the section is amended by |
17 | adding a subsection to read: |
18 | Section 201. Well permits. |
19 | (a) No person shall drill a well or alter any existing well, |
20 | except for alterations which satisfy the requirements of |
21 | subsection (j), without having first obtained a well permit |
22 | pursuant to subsections (b), (c), (d) [and], (e) and (e.1). A |
23 | copy of the permit shall be kept at the well site during |
24 | drilling or alteration of the well. However, no person shall be |
25 | required to obtain a permit to redrill a nonproducing well, if: |
26 | (1) the redrilling has been evaluated and approved as |
27 | part of an order from the department authorizing the cleaning |
28 | out and plugging or replugging of a nonproducing well, |
29 | pursuant to section 13(c) of the act of December 18, 1984 |
30 | (P.L.1069, No.214), known as the Coal and Gas Resource |
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1 | Coordination Act; and |
2 | (2) the redrilling is incidental to the plugging or |
3 | replugging operation and the well subsequently is plugged |
4 | within 15 days of redrilling. |
5 | * * * |
6 | (e.1) The department shall require an erosion and sediment |
7 | control permit for all earth disturbance associated with oil and |
8 | gas activities targeting the Marcellus, Devonian or Utica shale |
9 | formations. The department shall not approve any permit |
10 | application for any erosion and sediment control permit unless |
11 | the application affirmatively demonstrates and the department |
12 | finds on the basis of the department's review of the information |
13 | in the application and a site visit that the following |
14 | conditions are met: |
15 | (1) The permit application is complete and accurate. |
16 | (2) The permit application contains an erosion and |
17 | sediment control plan and a postconstruction stormwater |
18 | management plan and the plans and designs are complete and |
19 | technically sufficient to meet the requirements of the act of |
20 | June 22, 1937 (P.L.1987, No.394), known as The Clean Streams |
21 | Law, 25 Pa. Code Ch.102 (relating to erosion and sediment |
22 | control) and 25 Pa. Code Ch. 93 (relating to water quality |
23 | standards). |
24 | (3) The permit application contains a detailed survey |
25 | conducted by a certified professional wetland scientist of |
26 | all waters of this Commonwealth, including wetlands, seeps |
27 | and intermittent and ephemeral streams, located in or |
28 | adjacent to the proposed earth disturbance and all such |
29 | waters are clearly marked on the plans. |
30 | (4) The requirements of The Clean Streams Law, 25 Pa. |
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1 | Code Ch. 102, 25 Pa. Code Ch. 93 and 25 Pa. Code Ch. 105 |
2 | (relating to dam safety and waterway management). |
3 | (5) The assessment of the probable cumulative impacts of |
4 | all anticipated oil or gas drilling activities within the |
5 | same 12-digit hydrologic unit code watershed on waters of |
6 | this Commonwealth has been made by the department in |
7 | consultation with the Department of Conservation and Natural |
8 | Resources and the Pennsylvania Fish and Boat Commission and |
9 | the activities proposed under the application have been |
10 | designed to prevent adverse cumulative impacts to waters of |
11 | this Commonwealth. |
12 | (6) The proposed activities are protective of existing |
13 | and designated uses of waters of this Commonwealth and would |
14 | not cause or contribute to a violation of water quality |
15 | standards. |
16 | (7) The applicant has provided a complete copy of the |
17 | permit application to the applicable municipality, county, |
18 | county conservation district, the Pennsylvania Fish and Boat |
19 | Commission, community water system as defined in section 3 of |
20 | the act of May 1, 1984 (P.L.206, No.43), known as the |
21 | Pennsylvania Safe Drinking Water Act, and provided them with |
22 | the opportunity to comment. |
23 | (8) Notice of the department's receipt of the |
24 | application has been published in the Pennsylvania Bulletin |
25 | and a newspaper of general circulation in the area of the |
26 | proposed activities and the public has been given at least 30 |
27 | days from the date of publication to comment. |
28 | * * * |
29 | Section 3. Section 205 of the act is amended by adding a |
30 | subsection to read: |
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1 | Section 205. Well location restrictions. |
2 | * * * |
3 | (b.1) No well site may be prepared or well drilled within a |
4 | floodplain. |
5 | * * * |
6 | Section 4. The act is amended by adding sections to read: |
7 | Section 208.1 Disposal of wastewater from oil and gas |
8 | activities targeting the Marcellus, Devonian or Utica |
9 | shale formations. |
10 | (a) Notwithstanding any other provision of law, a moratorium |
11 | is established during which no new discharges of wastewater from |
12 | oil and gas activities targeting the Marcellus, Devonian or |
13 | Utica shale formations to surface waters of this Commonwealth |
14 | may be permitted. This moratorium shall expire when the |
15 | department completes the evaluation required in subsection (b). |
16 | (b) Within three years of the effective date of this |
17 | section, the department shall complete an evaluation of |
18 | nondischarge alternatives to surface water discharge of such |
19 | wastewater, including deep well injection. The department shall |
20 | provide public notice and opportunity for comment as it develops |
21 | the evaluation. If as a result of this evaluation the department |
22 | determines that nondischarge alternatives are environmentally |
23 | sound, protective of water quality and cost effective, the |
24 | department shall prohibit the discharge of wastwater from oil |
25 | and gas activities targeting the Marcellus, Devonian or Utica |
26 | shale formations and require disposal by nondischarge |
27 | alternatives, provided the disposal is authorized by permit. |
28 | (c) Within 180 days of the effective date of this section, |
29 | the department shall establish an online electronic tracking |
30 | system for the reporting and tracking of storage, transportation |
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1 | and disposal of wastewater from oil and gas activities targeting |
2 | the Marcellus, Devonian or Utica shale formations. The tracking |
3 | system shall be readily accessible online by the department and |
4 | the public and allow for the tracking of the amount, type and |
5 | location of all such wastewater on a daily basis through the use |
6 | of tracking numbers unique to each transport unit. The tracking |
7 | system shall require all persons who generate, store, transport |
8 | or dispose such wastewater to record and provide information to |
9 | the tracking system necessary to track the amount, type and |
10 | location of all such wastewater on a daily basis, from |
11 | generation to ultimate disposal. |
12 | Section 603.2 Cumulative impacts study. |
13 | By May 1, 2011, the department, the Department of |
14 | Conservation and Natural Resources, the Pennsylvania Fish and |
15 | Boat Commission and the Pennsylvania Game Commission shall |
16 | jointly complete a comprehensive study of the probable |
17 | cumulative impacts of all anticipated oil and gas activities in |
18 | this Commonwealth. The study shall analyze impacts to the |
19 | Commonwealth's land, air and water, including, but not limited, |
20 | local, regional and Statewide air quality, surface and ground |
21 | water quality and quantity, streams, wetlands, vernal pools and |
22 | other waters of this Commonwealth, publicly and privately owned |
23 | forests and other natural habitat, wildlife and aquatic life and |
24 | recreational economies, and shall provide recommendations for |
25 | avoiding, minimizing and mitigating any such impacts. |
26 | Section 5. This act shall take effect immediately. |
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