THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY BOBACK, BRADFORD, CALTAGIRONE, CARROLL, COHEN, D. COSTA, FABRIZIO, GEORGE, GERBER, GOODMAN, HALUSKA, HANNA, JOHNSON, JOSEPHS, MULLERY, MUNDY, MURPHY, PASHINSKI, PAYTON, READSHAW, SABATINA, SCHRODER, STURLA, WAGNER, WATSON AND WHITE, APRIL 13, 2011

REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY, APRIL 13, 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 well permits and well location restrictions.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 201(b) of the act of December 19, 1984

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

the section is amended by adding a subsection to read:

Section 201.  Well permits.

* * *

(b)  (1)  The permit application shall be accompanied by a

plat prepared by a competent engineer or a competent

surveyor, on forms to be furnished by the department, showing

the political subdivision and county in which the tract of

land upon which the well to be drilled is located, the name

of the surface landowner of record and lessor, the name of

all surface landowners or water purveyors whose water

supplies are within [1,000] 5,500 feet of the proposed well

location, the name of the owner of record or operator of all

known underlying workable coal seams, if any, the acreage in

the tract to be drilled, the proposed location of the well

determined by survey, the courses and distances of such

location from two or more permanent identifiable points or

landmarks on said tract boundary corners, the proposed angle

and direction of such well, if the well is to be deviated

substantially from a vertical course, the number or other

identification to be given the well, the workable coal seams,

if any, underlying the tract of land upon which the well is

to be drilled or altered, which are to be cased off in

accordance with section 207, and such information needed by

the department to administer this act.

(2)  The permit application shall also be accompanied by

information regarding the zone of influence on groundwater

and an analysis that provides an estimate on the time of

travel that a potential release of hydraulic fracking fluid

or other liquid substances from the drilling operation may

take to reach the nearest waterway.

(3)  The permit application shall also be accompanied by

a preparedness, prevention and contingency plan. The plan

shall include, but not be limited to, the resources available

at the well site to contain a release of any fluids and to

prevent an accidental blowout, a listing of organizations

that can respond within two hours of notification to provide

remediation of any environmental contamination and a process

to provide notification to all downstream water users of any

environmental remediation activity within one hour of the

commencement of that activity.

(4)  The applicant shall forward, by certified mail, a

copy of said plat to the surface landowner, all surface

landowners or water purveyors whose water supplies are within

[1,000] 5,500 feet of the proposed well location, the owner

and lessee, if any, of such coal seams, and every coal

operator required to be identified on the well permit

application and shall submit proof of such notification with

the well permit application. With respect to surface owners,

notification shall be accomplished under this section by

sending notice to the persons to whom the tax notices for

said surface property are sent, as indicated in the

assessment books in the county in which the property is

located. With respect to surface landowners or water

purveyors whose water supplies are within [1,000] 5,500 feet

of the proposed well location, notification shall be made on

forms and in a manner prescribed by the department sufficient

to identify, for such persons, the rights afforded them under

section 208 and the advisability of taking their own

predrilling or prealteration survey.

(5)  If the applicant submits to the department written

approval of the proposed well location by the surface

landowner and the coal operator, lessee or owner, if any, of

the coal underlying the proposed well location and no

objections are raised by the department within 15 days of

filing or if no such approval has been submitted and no

objections are made to such proposed well location within 15

days from receipt of such notice by the surface landowner and

the coal operator, lessee or owner, if any, or by the

department, the same shall be filed and become a permanent

record of such location, subject to inspection at any time by

any interested person.

* * *

(d.1)  (1)  Within ten days of the receipt of a permit

application, the department shall notify all public drinking

water system operators within the watershed in which the well

is to be located that a permit application has been received.

(2)  The department shall, within 25 days of the receipt

of the permit application, convene a meeting between the well

operator and the public water supply operator to review in

detail the permit application.

(3)  If the department believes that the proposed well

site location may have the potential to contaminate a public

drinking water supply, the department shall publish in the

Pennsylvania Bulletin a notice that it has received a permit

application from a well operator and that the proposed well

site location may have the potential to affect a public

drinking water supply. The notice shall provide for a 30-day

public comment period.

* * *

Section 2.  Section 205 of the act is amended to read:

Section 205.  Well location restrictions.

(a)  Wells may not be drilled within [200] 1,000 feet

measured horizontally from any existing building or existing

water well without the written consent of the owner thereof.

Where the distance restriction would deprive the owner of the

oil and gas rights of the right to produce or share in the oil

or gas underlying said surface tract, the well operator may be

granted a variance from said distance restriction upon

submission of a plan which shall identify the additional

measures, facilities or practices to be employed during well

site construction, drilling and operations. The variance, if

granted, shall include such additional terms and conditions as

the department shall require to insure the safety and protection

of affected persons and property. The provisions may include

insurance, bonding and indemnification, as well as technical

requirements.

(b)  No well site may be prepared or well drilled within

[100] 1,000 feet measured horizontally from any [stream, spring

or body of water as identified on the most current 7 1/2 minute

topographic quadrangle map of the United States Geological

Survey or within 100 feet of any wetlands greater than one acre

in size] watercourse, natural or artificial lake not covered

under subsection (b.2) or pond or within 1,000 feet of the

boundary of a wetland or the boundary that affects the functions

and values of a wetland. The department may waive such distance

restrictions upon submission of a plan which shall identify the

additional measures, facilities or practices to be employed

during well site construction, drilling and operations. Such

waiver, if granted, shall impose such permit conditions as are

necessary to protect the waters of the Commonwealth.

(b.1)  No well site may be prepared or well drilled within

3,000 feet of a reservoir that serves as a water source for a

community water system as defined in section 3 of the act of May

1, 1984 (P.L.206, No.43), known as the Pennsylvania Safe

Drinking Water Act.

(b.2)  No well site may be prepared or well drilled using

hydraulic fracturing or horizontally drilled within 3,000 feet

of any lake that is completely within the corporate boundaries

of a borough or township of the second class. The department

shall prohibit horizontal drilling to occur directly under a

lake that is located within the corporate boundaries of a

borough or township of the second class.

(c)  The department shall, on making a determination on a

well permit, consider the impact of the proposed well on public

resources to include, but not be limited to, the following:

(1)  Publicly owned parks, forests, gamelands and

wildlife areas.

(2)  National or State scenic rivers.

(3)  National natural landmarks.

(4)  Habitats of rare and endangered flora and fauna and

other critical communities.

(5)  Historical and archaeological sites listed on the

Federal or State list of historic places.

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