THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY MILLER, GEORGE, GODSHALL, HARPER, CALTAGIRONE, DONATUCCI, GINGRICH, PETRI, QUINN, ROSS, SCHRODER, K. SMITH, STEPHENS, STURLA, SWANGER AND YOUNGBLOOD, DECEMBER 7, 2011

REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, DECEMBER 7, 2011  

AN ACT

Amending Title 27 (Environmental Resources) of the Pennsylvania

Consolidated Statutes, in conservation and natural resources,

providing for water well construction standards.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Title 27 of the Pennsylvania Consolidated

Statutes is amended by adding a chapter to read:

CHAPTER 33

WATER WELL CONSTRUCTION STANDARDS

Sec.

3301.  Scope of chapter.

3302.  Definitions.

3303.  Water well construction standards.

3304.  Powers and duties.

3305.  Penalties.

§ 3301.  Scope of chapter.

This chapter provides for water well construction standards.

§ 3302.  Definitions.

The following words and phrases when used in this chapter

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Abandoned well."  A water well that is no longer equipped in

such a manner as to be able to draw groundwater. This term

includes a water well where the pump, piping or electrical

components have been disconnected or removed and a test-well

when its use on a regular or prescribed basis has been

discontinued.

"Casing."  An impervious durable pipe placed in a water well

to prevent the walls from caving in and to seal off surface

drainage or undesirable water, gas or other fluids and to

prevent them from entering the water well.

"Decommissioning."  The process of properly filling and

sealing an abandoned well.

"Department."  The Department of Environmental Protection of

the Commonwealth.

"Drilling."  An act necessary to the construction of a water

well, including, but not limited to, drilling, boring, coring,

washing, jetting, driving and digging.

"Groundwater."  Water beneath the surface of the ground

within a zone of saturation, whether or not flowing through

known and definite channels or percolating through underground

geologic formations and regardless of whether the result of

natural or artificial recharge. The term includes water

contained in an aquifer, artesian and nonartesian basin,

underground watercourse and any other body of water below the

surface of the earth.

"Grout."  A permanent water tight joint or connection made by

filling with concrete, neat cement, or other approved impervious

material between the casing and the undisturbed formation

surrounding a water well or between two strings of casing.

"Person."  A natural person, association, partnership or

corporation. Whenever used in any provision of this chapter

prescribing and imposing a penalty or imposing a fine or

imprisonment, or both, the term, as applied to an association,

shall include the members thereof and, as applied to a

corporation, the officers thereof. The provisions of this

chapter restricting or regulating the actions of any person

shall be construed as regulating or restricting the actions of

the employees and agents of such person.

"Public water system."  A system that provides water to the

public for human consumption and has at least 15 service

connections or regularly serves an average of at least 25

individuals daily at least 60 days per year. The term includes

collection, treatment, storage and distribution facilities

whether or not they are under the control of the operator of the

system and used in connection with the system.

"Test-well."  A hole drilled for the sole purpose of

measuring groundwater quantity and availability.

"Water for human consumption."  The term includes water that

is used for drinking, bathing and showering, cooking,

dishwashing or maintaining oral hygiene.

"Water well."  An excavation that is drilled, bored, cored,

washed, driven, dug, jetted or otherwise constructed when the

intended use of the excavation is for the location, diversion or

acquisition of groundwater. The term does not include an

excavation for the purposes of:

(1)  obtaining or prospecting for oil, natural gas,

minerals or products of mining or quarrying;

(2)  inserting media to repressure oil-bearing or natural

gas-bearing formation, storing petroleum or other materials;

or

(3)  a public water system regulated under the act of May

1, 1984 (P.L.206, No.43), known as the Pennsylvania Safe

Drinking Water Act.

"Water well completion report."  A report that describes

where, when and how a well was constructed.

"Water well driller."  A water well contractor who has

contracted for the drilling, digging, driving, boring, coring,

washing, jetting, constructing, altering or repairing of a water

well.

"Water well owner."  A person who owns land that is used for

any purpose and on which a water well has been drilled.

§ 3303.  Water well construction standards.

(a)  General rule.--Water well drillers shall adhere to water

well construction standards, as promulgated under section 3304 

(relating to powers and duties), including, but not limited to:

(1)  Well site selection.

(2)  Casing and casing installation.

(3)  Well screens, filter packs and formation

stabilizers.

(4)  Grouting.

(5)  Plumbness and alignment.

(6)  Well development.

(7)  Testing for performance.

(8)  Data recording.

(9)  Disinfection.

(10)  Water sampling and analysis.

(11)  Water well and test-well decommissioning.

(b)  Decommissioning.--A water well owner of an abandoned

well shall decommission the abandoned well in accordance with

the water well construction standards promulgated under this

chapter.

(c)  Water well completion reports.--A water well driller

shall provide the department and water well owner, upon forms to

be prescribed by the department, a copy of a water well

completion report. The report shall include, but not be limited

to:

(1)  The exact geographic location and log of the well

containing a description of materials penetrated.

(2)  The size and depth.

(3)  The diameters, lengths and materials of casing and

screen installed.

(4)  The static and pumping levels.

(5)  The yield and such other information pertaining to

the construction or operation of the well or wells as the

department may require.

(d)  Inspections.--The department or any authorized

representative may inspect water wells during construction and

abandoned wells upon decommissioning and may issue orders or

take such other actions deemed necessary by the department.

§ 3304.  Powers and duties.

(a)  Environmental Quality Board.--The Environmental Quality

Board shall adopt such rules and regulations of the department

as it deems necessary for the implementation of the provisions

of this chapter.

(b)  Department.--The department shall develop and implement

procedures as may be necessary and appropriate in order to

obtain compliance with this chapter or the rules and regulations

promulgated, or permits issued under this chapter. The

procedures shall include, but not be limited to:

(1)  Establishing and maintaining a permit program

concerning water well construction standards, decommissioning

and inspections.

(2)  Entering into agreements, contracts or cooperative

arrangements to carry out the purposes of this chapter, under

such terms and conditions as may be deemed appropriate, with

other Federal or State agencies, political subdivisions,

public or private agencies or other persons, including

agreements to give or receive financial and technical

assistance.

(3)  (i)  Establishing and collecting reasonable permit

fees for conducting inspections and administering the

provisions of this chapter.

(ii)  Fees assessed under this section and civil

penalties under section 3305 (relating to penalties)

shall be deposited into the Clean Water Fund, established

under section 8 of the act of June 22, 1937 (P.L.1987,

No.394), known as The Clean Streams Law.

(4)  Notifying water well owners of their

responsibilities under section 3303 (relating to water well

construction standards).

(5)  Enforcing the penalties authorized under section

3305(d).

§ 3305.  Penalties.

(a)  Summary offense.--A person who drills a water well in

violation of section 3303 (relating to water well construction

standards) commits a summary offense and shall, upon conviction,

be sentenced to pay a fine of not more than $1,000 and, in

default thereof, to imprisonment for not more than ten days.

(b)  Misdemeanor.--A person previously convicted of a summary

offense under subsection (a) who drills a water well or causes a

water well to be drilled in violation of section 3303 commits a

misdemeanor and shall, upon conviction, be sentenced to pay a

fine of not more than $5,000 and, in default thereof, to

imprisonment for not more than three months.

(c)  Failure to file a water well completion report.--A water

well driller who fails to file the report required by this

chapter commits a summary offense and shall, upon conviction, be

sentenced to pay a fine of not more than $250 and, in default

thereof, to imprisonment for not more than ten days.

(d)  Failure to decommission.--A water well owner who fails

to decommission an abandoned well as required by this chapter

commits a misdemeanor and shall, upon conviction, be sentenced

to pay a fine of not more than $500 and, in default thereof, to

imprisonment for not more than 30 days.

Section 2.  This act shall take effect as follows:

(1)  The addition of 27 Pa.C.S. § 3305 shall take effect

120 days after the adoption of regulations promulgated under

27 Pa.C.S. § 3304.

(2)  This section shall take effect immediately.

(3)  The remainder of this act shall take effect in 30

days.