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Senate of Pennsylvania
Session of 2013 - 2014 Regular Session


Posted: December 6, 2012 11:09 AM
From: Senator Richard A Kasunic
To: All Senate members
Subject: Use of Acid Mine Water for Hydraulic Fracturing and Industrial Applications
I plan to re-introduce SB 1346 of last session, which is legislation that would limit the treatment liability of entities that choose to utilize acid mine water (AMD) for hydraulic fracturing of oil/gas wells, or other industrial uses. This legislation passed the Senate unanimously late last session but was not considered by the House of Representatives.

One of the major reasons the oil/gas industry has not fully committed to utilizing AMD is the concern with the old adage “once you touch it, you own it”. The cost of treatment, and the continued liability associated with an AMD source can often run into the millions of dollars. Without limiting these potential costs it is highly unlikely the industry will consider using AMD over other fresh water sources.

This bill would provide liability protection from the perpetual treatment of AMD at its source when the end use is for hydraulic fracturing or industrial use. An AMD treatment project eligible for this liability protection would be vetted thru a DEP process developed in the Environmental Good Samaritan Act (Act 68 of 1999). This liability protection was a policy recommendation that was acknowledged in the report issued by the Governor’s Marcellus Shale Advisory Commission.

If you have additional question about this legislation, please call my office at 787-7175.

Introduced as SB411