H1401B2610A04207 PWK:NLG 10/20/17 #90 A04207
AMENDMENTS TO HOUSE BILL NO. 1401
Sponsor: REPRESENTATIVE CUTLER
Printer's No. 2610
Amend Bill, page 1, line 11, by inserting after "TAX;"
in general provisions, providing for protection of water
supplies;
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 Protection of Water Supplies.--(a) In
addition to the requirements of subsection (c.1), a 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
and quality for the purposes served by the supply. The
Environmental Quality Board shall promulgate regulations
necessary to meet the requirements of this subsection.
(b) A 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 may so notify the
Department of Environmental Protection and request that an
investigation be conducted. Within ten days of notification, the
Department of Environmental Protection shall investigate the
claim and make a determination within forty-five days following
notification. If the Department of Environmental Protection
finds that the pollution or diminution was caused by drilling,
alteration or operation activities or if it presumes the well
operator responsible for pollution under subsection (c), the
Department of Environmental Protection shall issue orders to the
well operator necessary to assure compliance with subsection
(a), including orders requiring temporary replacement of a water
supply where it is determined that pollution or diminution may
be of limited duration.
(b.1) (Reserved).
(b.2) The Department of Environmental Protection shall
establish a single Statewide toll-free telephone number that
individuals may use to report cases of water contamination which
may be associated with the development of oil and gas resources.
The Statewide toll-free telephone number shall be provided in a
conspicuous manner in the notification required under 58 Pa.C.S.
§ 3211(b) (relating to well permits) and on the department's
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publicly accessible Internet website.
(b.3) The Department of Environmental Protection shall
develop appropriate administrative responses to calls received
on the Statewide toll-free telephone number for water
contamination.
(b.4) The Department of Environmental Protection shall
publish, on its publicly accessible Internet website, lists of
confirmed cases of subterranean water supply contamination that
result from hydraulic fracturing.
(b.5) The Department of Environmental Protection shall
ensure that a facility which seeks a National Pollutant
Discharge Elimination System permit for the purposes of treating
and discharging wastewater originating from oil and gas
activities into waters of this Commonwealth is operated by a
competent and qualified individual.
(c) Unless rebutted by a defense established in subsection
(d), it shall be presumed that a well operator is responsible
for pollution of a water supply if:
(1) except as set forth in paragraph (2):
(i) the water supply is within 1,000 feet of an oil or gas
well; and
(ii) the pollution occurred within six months after
completion of drilling or alteration of the oil or gas well; or
(2) in the case of an unconventional well:
(i) the water supply is within 2,500 feet of the
unconventional vertical well bore; and
(ii) the pollution occurred within twelve months of the
later of completion, drilling, stimulation or alteration of the
unconventional well.
(c.1) If the affected water supply is within the rebuttable
presumption area as provided in subsection (c) and the
rebuttable presumption applies, the operator shall provide a
temporary water supply if the water user is without a readily
available alternative source of water. The temporary water
supply provided under this subsection shall be adequate in
quantity and quality for the purposes served by the supply.
(d) To rebut the presumption established under subsection
(c), a well operator must affirmatively prove any of the
following:
(1) except as set forth in paragraph (2):
(i) the pollution existed prior to the drilling or
alteration activity as determined by a predrilling or
prealteration survey;
(ii) the landowner or water purveyor refused to allow the
operator access to conduct a predrilling or prealteration
survey;
(iii) the water supply is not within 1,000 feet of the well;
(iv) the pollution occurred more than six months after
completion of drilling or alteration activities; and
(v) the pollution occurred as the result of a cause other
than the drilling or alteration activity; or
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(2) in the case of an unconventional well:
(i) the pollution existed prior to the drilling, stimulation
or alteration activity as determined by a predrilling or
prealteration survey;
(ii) the landowner or water purveyor refused to allow the
operator access to conduct a predrilling or prealteration
survey;
(iii) the water supply is not within 2,500 feet of the
unconventional vertical well bore;
(iv) the pollution occurred more than twelve months after
completion of drilling or alteration activities; or
(v) the pollution occurred as the result of a cause other
than the drilling or alteration activity.
(e) An operator electing to preserve a defense under
subsection (d)(1) or (2) shall retain an independent certified
laboratory to conduct a predrilling or prealteration survey of
the water supply. A copy of survey results shall be submitted to
the Department of Environmental Protection and the landowner or
water purveyor in the manner prescribed by the Department of
Environmental Protection.
(e.1) An operator of an unconventional well must provide
written notice to the landowner or water purveyor indicating
that the presumption established under subsection (c) may be
void if the landowner or water purveyor refused to allow the
operator access to conduct a predrilling or prealteration
survey. Proof of written notice to the landowner or water
purveyor shall be provided to the Department of Environmental
Protection for the operator to retain the protections under
subsection (d)(2)(ii). Proof of written notice shall be presumed
if provided in accordance with 58 Pa.C.S. § 3212(a) (relating to
permit objections).
(f) Nothing in this section shall prevent a landowner or
water purveyor claiming pollution or diminution of a water
supply from seeking any other remedy at law or in equity.
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 (2) is necessary to effectuate the addition of
section 3003.23 of the act.
(4) 58 Pa.C.S. § 3218 is repealed.
Amend Bill, page 36, line 22, by striking out "4" and
inserting
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