THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY REESE, METZGAR, VULAKOVICH, AUMENT, CALTAGIRONE, CARROLL, D. COSTA, CUTLER, DUNBAR, EVANKOVICH, GABLER, GRELL, HALUSKA, HESS, HORNAMAN, KAVULICH, KRIEGER, MAHONEY, MARSHALL, MULLERY, MURT, MYERS, PAYTON, REICHLEY, STURLA, WAGNER, WATSON AND WHITE, JUNE 8, 2011

REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY, JUNE 8, 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," in general

requirements, further providing for protection of fresh

groundwater and casing requirements and for protection of

water supplies.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Sections 207(a) and 208 of the act of December

19, 1984 (P.L.1140, No.223), known as the Oil and Gas Act, are

amended to read:

Section 207.  Protection of fresh groundwater; casing

requirements.

(a)  (1)  To aid in the protection of fresh groundwater,the

well operator shall control and dispose of brines produced

from the drilling, alteration or operation of an oil or gas

well in a manner consistent with the act of June 22, 1937

(P.L.1987, No.394), known as The Clean Streams Law, or any

rule or regulation promulgated thereunder. The well operator

shall store any wastewater resulting from hydraulic

fracturing operations in sealed, closed container systems

prior to the wastewater being reused or transfered from the

well site to an approved treatment and disposal facility.

(2)  For the purposes of this subsection, "sealed, closed

container systems" shall include pits or impoundments

containing a double-walled impermeable liner, perimeter

fencing and overhead netting; storage tanks or other

containment systems approved by the department.

* * *

Section 208.  Protection of water supplies.

(a)  Any well operator who affects a public or private water

supply by pollution or diminution shall restore or replace the

affected supply with an alternate source of water adequate in

quantity or quality for the purposes served by the supply.

(b)  Any 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 or pollution

resulting from any pit or impoundment used to store any

wastewater resulting from hydraulic fracturing operations may so

notify the department and request that an investigation be

conducted. Within ten days of such notification, the department

shall investigate any such claim and shall, within 45 days

following notification, make a determination. If the department

finds that the pollution or diminution was caused by the

drilling, alteration or operation activities, or from any pit or

impoundment used to store any wastewater resulting from

hydraulic fracturing operations, or if it presumes the well

operator responsible for pollution pursuant to subsection (c),

then it shall issue such orders to the well operator as are

necessary to assure compliance with subsection (a). Such orders

may include orders requiring the temporary replacement of a

water supply where it is determined that the pollution or

diminution may be of limited duration.

(c)  Unless rebutted by one of the five defenses established

in subsection (d), it shall be presumed that a well operator is

responsible for the pollution of a water supply that is within

1,000 feet of the oil or gas well or 1,000 feet of any pit or

impoundment used to store any wastewater resulting from

hydraulic fracturing operations, where the pollution occurred

within six months after the completion of drilling or alteration

of [such well] a well, or storage of wastewater resulting from

hydraulic fracturing operations in a pit or impoundment.

(d)  In order to rebut the presumption of liability

established in subsection (c), the well operator must

affirmatively prove one of the following five defenses:

(1)  The pollution existed prior to the drilling [or

alteration], alteration or hydraulic fracturing wastewater

storage activity as determined by a predrilling [or

prealteration survey], prealteration or survey conducted, in

accordance with subsection (e.1), prior to the storage of

hydraulic fracturing wastewater in a pit or impoundment.

(2)  The landowner or water purveyor refused to allow the

operator access to conduct a predrilling [or prealteration

survey], prealteration or survey conducted, in accordance

with subsection (e.1), prior to the storage of hydraulic

fracturing wastewater in a pit or impoundment.

(3)  The water supply is not within 1,000 feet of the

well or 1,000 feet of any pit or impoundment used to store

any wastewater resulting from hydraulic fracturing

operations.

(4)  The pollution occurred more than six months after

completion of drilling [or alteration], alteration or

hydraulic fracturing wastewater storage activities.

(5)  The pollution occurred as the result of some cause

other than the drilling [or alteration], alteration or

hydraulic fracturing wastewater storage activity.

(e)  Any operator electing to preserve its defenses under

subsection (d)(1) or (2) shall retain the services of an

independent certified laboratory to conduct the predrilling [or

prealteration], prealteration or survey of water supplies

conducted, in accordance with subsection (e.1), prior to the

storage of hydraulic fracturing wastewater in a pit or

impoundment. A copy of the results of any such survey shall be

submitted to the department and the landowner or water purveyor

in a manner prescribed by the department.

(e.1)  The department shall establish methods and criteria

for surveying water quality before and after the use of pits or

impoundments used to store any wastewater resulting from

hydraulic fracturing operations.

(f)  Nothing [herein shall] in this section shall be

construed to prevent any landowner or water purveyor who claims

pollution or diminution of a water supply from seeking any other

remedy that may be provided at law or in equity.

Section 2.  This act shall take effect in 60 days.