THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY REED, BAKER, BARRAR, CALTAGIRONE, CREIGHTON, EVERETT, FLECK, GINGRICH, GOODMAN, HELM, M. K. KELLER, KRIEGER, KULA, MAJOR, MICOZZIE, MILLARD, MUNDY, MURPHY, MUSTIO, PEIFER, QUINN, REICHLEY, SAYLOR, SCAVELLO, SCHRODER, STEVENSON, SWANGER, TOOHIL, WHITE AND DONATUCCI, MAY 25, 2011

REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY, MAY 25, 2011  

AN ACT

Amending the act of December 19, 1984 (P.L.1140, No.223),

entitled "An act relating to the development of oil and gas

and coal; imposing duties and powers on the Department of

Environmental Resources; imposing notification requirements

to protect landowners; and providing for definitions, for

various requirements to regulate the drilling and operation

of oil and gas wells, for gas storage reservoirs, for various

reporting requirements, including certain requirements

concerning the operation of coal mines, for well permits, for

well registration, for distance requirements, for well casing

requirements, for safety device requirements, for storage

reservoir obligations, for well bonding requirements, for a

Well Plugging Restricted Revenue Account to enforce oil and

gas well plugging requirements, for the creation of an Oil

and Gas Technical Advisory Board, for oil and gas well

inspections, for enforcement and for penalties," in general

requirements, further providing for well permits.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 201(b) of the act of December 19, 1984

(P.L.1140, No.223), known as the Oil and Gas Act, is amended to

read:

Section 201.  Well permits.

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(b)  (1)  The permit application shall be accompanied by a

plat prepared by a competent engineer or a competent surveyor,

on forms to be furnished by the department[, showing the

political subdivision and county in which the tract of land upon

which the well to be drilled is located, the name of the surface

landowner of record and lessor, the name of all surface

landowners or water purveyors whose water supplies are within

1,000 feet of the proposed well location, the name of the owner

of record or operator of all known underlying workable coal

seams, if any, the acreage in the tract to be drilled, the

proposed location of the well determined by survey, the courses

and distances of such location from two or more permanent

identifiable points or landmarks on said tract boundary corners,

the proposed angle and direction of such well, if the well is to

be deviated substantially from a vertical course, the number or

other identification to be given the well, the workable coal

seams, if any, underlying the tract of land upon which the well

is to be drilled or altered, which are to be cased off in

accordance with section 207, and such information needed by the

department to administer this act. The applicant shall forward,

by certified mail, a copy of said plat to the surface landowner,

all surface landowners or water purveyors whose water supplies

are within 1,000 feet of the proposed well location, the owner

and lessee, if any, of such coal seams, and every coal operator

required to be identified on the well permit application] and

shall show:

(i)  the political subdivision and county in which the tract

of land upon which the well to be drilled is located;

(ii)  the name of the surface landowner of record and lessor; 

(iii)  the name of all surface landowners of record and

lessees within 1,000 feet of the proposed well location;

(iv)  the name of all surface landowners whose water supplies

are within 1,000 feet of the proposed well location and all

water purveyors whose water supplies are within 1,000 feet of

the proposed well location;

(v)  the name of the owner of record or operator of all known

underlying workable coal seams, if any;

(vi)  the workable coal seams, if any, underlying the tract

of land upon which the well is to be drilled or altered, which

are to be cased off in accordance with section 207;

(vii)  the acreage in the tract to be drilled;

(viii)  the proposed location of the well determined by

survey;

(ix)  the courses and distances of the proposed location from

two or more permanent identifiable points or landmarks on the

tract boundary corners;

(x)  the proposed angle and direction of the well, if the

well is to be deviated substantially from a vertical course;

(xi)  the number or other identification to be given the

well; and

(xii)  such other information needed by the department to

administer this act.

(2)  The applicant shall forward, by certified mail, a copy

of the permit application and plat to:

(i)  all surface landowners within 1,000 feet of the proposed

well;

(ii)  water purveyors whose water supplies are within 1,000

feet of the proposed well location; and

(iii)  the owner and lessee, if any, of the coal seams and

every coal operator required to be identified on the well permit

application.

(3)  The applicant shall submit proof of such notification

with the well permit application. With respect to surface

owners, notification shall be accomplished under this section by

sending notice to the persons to whom the tax notices for said

surface property are sent, as indicated in the assessment books

in the county in which the property is located. With respect to

surface landowners whose water supplied are within 1,000 feet or

water purveyors whose water supplies are within 1,000 feet of

the proposed well location, notification shall be made on forms

and in a manner prescribed by the department sufficient to

identify, for such persons, the rights afforded them under

section 208 and the advisability of taking their own predrilling

or prealteration survey.

(4)  If the applicant submits to the department written

approval of the proposed well location by the surface landowner

and the coal operator, lessee or owner, if any, of the coal

underlying the proposed well location and no objections are

raised by the department within 15 days of filing or if no such

approval has been submitted and no objections are made to such

proposed well location within 15 days from receipt of such

notice by the surface landowner and the coal operator, lessee or

owner, if any, or by the department, the same shall be filed and

become a permanent record of such location, subject to

inspection at any time by any interested person.

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Section 2.  This act shall take effect in 60 days.