1Amending Title 27 (Environmental Resources) of the Pennsylvania
2Consolidated Statutes, in conservation and natural resources,
3providing for water well construction standards.

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

6Section 1. Title 27 of the Pennsylvania Consolidated
7Statutes is amended by adding a chapter to read:

8CHAPTER 33

9WATER WELL CONSTRUCTION STANDARDS

10Sec.

113301. Scope of chapter.

123302. Definitions.

133303. Water well construction standards and decommissioning of
14abandoned wells.

153304. Powers and duties.

163305. Penalties.

173306. Construction.

18§ 3301. Scope of chapter.

1This chapter provides for water well construction standards.

2§ 3302. Definitions.

3The following words and phrases when used in this chapter
4shall have the meanings given to them in this section unless the
5context clearly indicates otherwise:

6"Abandoned well." A water well that is no longer equipped in
7such a manner as to be able to draw groundwater. This term
8includes a water well where the pump, piping or electrical
9components have been disconnected or removed or when its use on
10a regular or prescribed basis has been discontinued. The term
11does not include a water well that is not currently used, but is
12equipped or otherwise properly maintained in such a manner as to
13be able to draw groundwater as an alternative, backup or
14supplemental water source.

15"Casing." An impervious durable pipe placed in a water well
16to prevent the walls from caving in and to seal off surface
17drainage or undesirable water, gas or other fluids and to
18prevent them from entering the water well.

19"Decommissioning." The process of properly filling and
20sealing an abandoned well.

21"Department." The Department of Environmental Protection of
22the Commonwealth.

23"Drilling." An act necessary to the construction of a water
24well, including, but not limited to, drilling, boring, coring,
25washing, jetting and driving.

26"Groundwater." Water beneath the surface of the ground
27within a zone of saturation, whether or not flowing through
28known and definite channels or percolating through underground
29geologic formations and regardless of whether the result of
30natural or artificial recharge. The term includes water

1contained in an aquifer, artesian and nonartesian basin,
2underground watercourse and any other body of water below the
3surface of the earth.

4"Grout." A permanent water tight joint or connection made by
5filling with concrete, neat cement, or other approved impervious
6material between the casing and the undisturbed formation
7surrounding a water well or between two strings of casing.

8"Person." A natural person, association, partnership or
9corporation. Whenever used in any provision of this chapter
10prescribing and imposing a penalty or imposing a fine or
11imprisonment, or both, the term, as applied to an association,
12shall include the members thereof and, as applied to a
13corporation, the officers thereof. The provisions of this
14chapter restricting or regulating the actions of any person
15shall be construed as regulating or restricting the actions of
16the employees and agents of such person.

17"Public water system." A system that provides water to the
18public for human consumption and has at least 15 service
19connections or regularly serves an average of at least 25
20individuals daily at least 60 days per year. The term includes
21collection, treatment, storage and distribution facilities
22whether or not they are under the control of the operator of the
23system and used in connection with the system.

24"Test-well." A hole drilled for the sole purpose of
25measuring groundwater quantity and availability.

26"Water for human consumption." The term includes water that
27is used for drinking, bathing and showering, cooking,
28dishwashing or maintaining oral hygiene.

29"Water well." An excavation that is drilled, bored, cored,
30washed, driven, jetted or otherwise constructed when the

1intended use of the excavation is for the location, diversion or
2acquisition of groundwater for purposes which may include, but
3are not limited to, human consumption, irrigation, industrial
4process, production or cooling purposes, groundwater dewatering,
5investigation, monitoring, testing or remediation. The term does
6not include an excavation for the purposes of:

7(1) obtaining or prospecting for oil, natural gas,
8minerals or products of mining or quarrying;

9(2) inserting media to repressure oil-bearing or natural
10gas-bearing formation, storing petroleum or other materials;
11or

12(3) a public water system regulated under the act of May
131, 1984 (P.L.206, No.43), known as the Pennsylvania Safe
14Drinking Water Act.

15"Water well completion report." A report that describes
16where, when and how a well was constructed and includes a
17section outlining the water well owner's responsibilities,
18including the decommissioning of abandoned wells, under this
19act.

20"Water well decommissioning report." A report that describes
21where, when and how a well was decommissioned.

22"Water well driller." A water well contractor who is
23licensed under the act of May 29, 1956 (1955 P.L.1840, No.610),
24known as the Water Well Drillers License Act, and has contracted
25for the drilling, digging, driving, boring, coring, washing,
26jetting, constructing, altering, repairing or decommissioning of
27a water well.

28"Water well owner." A person who owns land that is used for
29any purpose and on which a water well has been drilled.

30§ 3303. Water well construction standards and decommissioning

1of abandoned wells.

2(a) Water well construction standards.--All water wells in
3this Commonwealth shall be constructed by a water well driller
4in accordance with water well construction standards, as adopted
5under section 3304 (relating to powers and duties).

6(b) Decommissioning of abandoned wells.--

7(1) All water well owners shall be responsible for the
8decommissioning of abandoned wells.

9(2) All abandoned wells in this Commonwealth shall be
10decommissioned by a water well driller in accordance with
11decommissioning standards as adopted under section 3304.

12(3) Water wells abandoned after the adoption of
13regulations under section 3304 shall be decommissioned within
14one year following abandonment. Water wells abandoned prior
15to the effective date of this section shall be decommissioned
16within two years of the adoption of regulations under section
173304.

18(c) Water well completion or decommissioning reports.--A
19water well driller shall provide the Department of Conservation
20and Natural Resources, as required under the act of May 29, 1956
21(1955 P.L.1840, No.610), known as the Water Well Drillers
22License Act, the department and water well owner, upon forms to
23be prescribed by the department, a copy of a water well
24completion or decommissioning report.

25(d) Exemption.--Counties or municipalities with existing
26ordinances, upon the effective date of this section, relating to
27water well construction or decommissioning standards, to the
28extent that such ordinances are consistent with the regulations
29adopted under section 3304, shall be exempt from the provisions
30of this chapter.

1§ 3304. Powers and duties.

2(a) Environmental Quality Board.--The Environmental Quality
3Board shall promulgate rules and regulations adopting
4construction and decommissioning standards.

5(b) Department.--

6(1) The department shall enforce the penalties
7authorized under section 3305 (relating to penalties) and may
8issue orders or take such actions as may be necessary and
9appropriate to obtain compliance with this chapter.

10(2) Civil penalties under section 3305 shall be
11deposited into the Safe Drinking Water Fund to be used by the
12department to provide for any administrative costs associated
13with this chapter.

14(3) The department shall post information on its
15publicly accessible Internet website regarding private water
16wells, including the construction and decommissioning
17standards promulgated under this chapter and the total amount
18of fines collected annually and deposited into the Safe
19Drinking Water Fund.

20§ 3305. Penalties.

21(a) Summary offense.--A person who constructs a water well
22or decommissions an abandoned well in violation of section 3303
23(relating to water well construction standards and
24decommissioning of abandoned wells) commits a summary offense
25and shall, upon conviction, be sentenced to pay a fine of not
26more than $1,000 and, in default thereof, to imprisonment for
27not more than ten days.

28(b) Misdemeanor.--A person previously convicted of a summary
29offense under subsection (a) who constructs a water well or
30causes a water well to be constructed in violation of section

13303 commits a misdemeanor and shall, upon conviction, be
2sentenced to pay a fine of not more than $5,000 and, in default
3thereof, to imprisonment for not more than three months.

4(c) Failure to file a water well completion or
5decommissioning report.--A water well driller who fails to file
6the report required by this chapter commits a summary offense
7and shall, upon conviction, be sentenced to pay a fine of not
8more than $250 and, in default thereof, to imprisonment for not
9more than ten days.

10§ 3306. Construction.

11Nothing in this chapter shall be construed to allow:

12(1) The department or the Department of Conservation and
13Natural Resources to require a permit of any kind for the
14construction or the decommissioning of water wells in this
15Commonwealth.

16(2) The Commonwealth or any municipality or any agency,
17authority, department or division thereof to meter, charge,
18tax or otherwise impose a fee for the usage of private water
19wells in this Commonwealth.

20Section 2. This act shall take effect as follows:

21(1) The addition of 27 Pa.C.S. §§ 3303 and 3305 shall
22take effect on the date regulations under 27 Pa.C.S. § 3304
23are adopted.

24(2) The remainder of this act shall take effect in 30
25days.