1Amending Title 58 (Oil and Gas) of the Pennsylvania Consolidated
2Statutes, in development, further providing for definitions,
3for well permits and for well site restoration.

4The General Assembly of the Commonwealth of Pennsylvania
5hereby enacts as follows:

6Section 1. Section 3203 of Title 58 of the Pennsylvania 
7Consolidated Statutes is amended by adding definitions to read:

8§ 3203. Definitions.

9The following words and phrases when used in this chapter
10shall have the meanings given to them in this section unless the
11context clearly indicates otherwise:

12* * *

13"Closed containment system." A drilling system which
14consists of closed noncorrosive tanks or containers in which
15produced fluids, freshwater, treated water or industrial wastes
16are stored or contained during or after hydraulic fracturing in
17operations.

1"Closed-loop system." A drilling system comprised of a
2series of interconnected, noncorrosive storage tanks or
3containers which separate liquids, such as produced fluids,
4freshwater, treated water or industrial wastes from solids,
5minimizing the amount of drilling waste and drill cuttings that
6require disposal, while maximizing the amount of drilling fluid
7which can be recycled and reused during hydraulic fracturing
8operations.

9* * *

10"Noncorrosive tank or container." An impermeable,
11noncorrosive tank or container.

12* * *

13"Open water impoundment." An open pit, pond, lake, lagoon or
14trench used for the containment of produced fluids, freshwater,
15treated water or industrial wastes which are used in or produced
16during hydraulic fracturing operations.

17* * *

18Section 2. Section 3211(m) of Title 58 is amended by adding
19a paragraph to read:

20§ 3211. Well permits.

21* * *

22(m) Water management.--The following shall apply to water
23management:

24* * *

25(5) The use of open water impoundments is prohibited.
26The department may permit the use of a closed containment
27system or a closed-loop system.

28Section 3. Section 3216(c) and (g)(2) of Title 58 are
29amended to read:

30§ 3216. Well site restoration.

1* * *

2(c) Pits, drilling supplies and equipment.--Within nine
3months after completion of drilling of a well, the owner or
4operator shall restore the well site, remove [or fill all pits]
5all tanks or containers used to contain produced fluids, 
6freshwater, treated water or industrial wastes, which are used 
7in or produced during hydraulic fracturing operations, and
8remove all drilling supplies and equipment not needed for
9production. Drilling supplies and equipment not needed for
10production may be stored on the well site if express written
11consent of the surface landowner is obtained.

12* * *

13(g) Extension.--

14* * *

15(2) The demonstration under paragraph (1) shall do all
16of the following:

17(i) Include a site restoration plan that shall
18provide for:

19(A) the timely removal [or fill of all pits] of
20all tanks or containers used to contain produced
21fluids, freshwater, treated water or industrial
22wastes, which are used in or produced during
23hydraulic fracturing operations;

24(B) the removal of all drilling supplies and
25equipment not needed for production;

26(C) the stabilization of the well site that
27shall include interim postconstruction storm water
28management best management practices; or

29(D) other measures to be employed to minimize
30accelerated erosion and sedimentation in accordance

1with The Clean Streams Law.

2(ii) Provide for returning the portions of the site
3not occupied by production facilities or equipment to
4approximate original contours and making them capable of
5supporting the uses that existed prior to drilling the
6well.

7* * *

8Section 4. This act shall take effect in 60 days.