H1401B2610A04206 PWK:BTW 10/20/17 #90 A04206
AMENDMENTS TO HOUSE BILL NO. 1401
Sponsor: REPRESENTATIVE OBERLANDER
Printer's No. 2610
Amend Bill, page 1, line 11, by inserting after "TAX;"
in general provisions, providing for well site restoration;
Amend Bill, page 36, by inserting between lines 11 and 12
Section 2. The act is amended by adding a section to read:
Section 3003.23. Well site restoration.--(a) Each oil or
gas well owner or operator shall restore the land surface within
the area disturbed in siting, drilling, completing and producing
the well.
(b) During and after earthmoving or soil disturbing
activities, including, but not limited to, activities related to
siting, drilling, completing, producing and plugging the well,
erosion and sedimentation control measures shall be implemented
in accordance with an erosion and sedimentation control plan
prepared in accordance with the act of June 22, 1937 (P.L.1987,
No.394), known as "The Clean Streams Law."
(c) (1) Within nine months after completion of drilling of
a well, the owner or operator shall restore the well site,
remove or fill all pits used to contain produced fluids or
industrial wastes and remove all drilling supplies and equipment
not needed for production. Drilling supplies and equipment not
needed for production may be stored on the well site if express
written consent of the surface landowner is obtained.
(2) When multiple wells are drilled or permitted to be
drilled on a single well site, the restoration provisions
contained in this section shall apply within twenty-four months
after completion of all wells drilled on the well site or
twenty-four months after the expiration of all existing well
permits on the well site for wells which have not been drilled
to total depth, whichever is later.
(d) Within nine months after plugging a well, the owner or
operator shall remove all production or storage facilities,
supplies and equipment and restore the well site.
(e) Restoration activities required by this chapter or in
regulations promulgated under this chapter shall also comply
with all applicable provisions of "The Clean Streams Law."
(f) Failure to restore the well site as required in this
chapter or regulations promulgated under this chapter
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constitutes a violation of this chapter.
(g) (1) The restoration period may be extended by the
Department of Environmental Protection for an additional period
of time not to exceed two years upon demonstration by the well
owner or operator that:
(i) the extension will result in less earth disturbance,
increased water reuse or more efficient development of the
resources; or
(ii) site restoration cannot be achieved due to adverse
weather conditions or a lack of essential fuel, equipment or
labor.
(2) The demonstration under paragraph (1) shall do all of
the following:
(i) Include a site restoration plan that shall provide for:
(A) the timely removal or fill of all pits used to contain
produced fluids or industrial wastes;
(B) the removal of all drilling supplies and equipment not
needed for production;
(C) the stabilization of the well site that shall include
interim postconstruction storm water management best management
practices; or
(D) other measures to be employed to minimize accelerated
erosion and sedimentation in accordance with "The Clean Streams
Law."
(ii) Provide for returning the portions of the site not
occupied by production facilities or equipment to approximate
original contours and making them capable of supporting the uses
that existed prior to drilling the well.
(3) The Department of Environmental Protection may condition
an extension under this subsection as is necessary in accordance
with "The Clean Streams Law."
(h) As used in this section, the term "well site" means
areas occupied by all equipment or facilities necessary for or
incidental to drilling, production or plugging a well.
Amend Bill, page 36, line 12, by striking out "2" and
inserting
3
Amend Bill, page 36, line 16, by striking out "3" and
inserting
4
Amend Bill, page 36, line 17, by striking out "3" and
inserting
4
Amend Bill, page 36, by inserting between lines 21 and 22
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(3) The General Assembly declares that the repeal under
paragraph (4) is necessary to effectuate the addition of
section 3003.23 of the act.
(4) 58 Pa.C.S. ยง 3216 is repealed.
Amend Bill, page 36, line 22, by striking out "4" and
inserting
5
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See A04206 in
the context
of HB1401