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| PRIOR PRINTER'S NOS. 1238, 1328, 1723 | PRINTER'S NO. 1777 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY SCARNATI, CORMAN, BROWNE, VOGEL, SMUCKER, D. WHITE, BRUBAKER, PIPPY, MENSCH, YAW AND PICCOLA, MAY 16, 2011 |
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| SENATOR CORMAN, APPROPRIATIONS, RE-REPORTED AS AMENDED, NOVEMBER 14, 2011 |
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| AN ACT |
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1 | Amending Title 58 (Oil and Gas) of the Pennsylvania Consolidated |
2 | Statutes, consolidating the Oil and Gas Act with |
3 | modifications relating to definitions, well permits, well |
4 | location restrictions, protection of water supplies, well |
5 | reporting requirements, bonding, enforcement orders, |
6 | penalties, civil penalties and local ordinances; providing |
7 | for containment, for transportation regulations, for |
8 | emergency response information, for notification to public | <-- |
9 | drinking water systems, for corrosion control requirements, |
10 | for gathering lines and for model ordinance; providing for a |
11 | model zoning ordinance; and making a related repeal. |
12 | The General Assembly of the Commonwealth of Pennsylvania |
13 | hereby enacts as follows: |
14 | Section 1. Title 58 of the Pennsylvania Consolidated |
15 | Statutes is amended by adding parts to read: |
16 | PART I |
17 | (RESERVED) |
18 | PART II |
19 | OVERSIGHT AND DEVELOPMENT |
20 | Chapter |
21 | 23. Drilling Impact Fee | <-- |
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1 | 25. Natural Gas Energy Development Program |
2 | 31. (Reserved) |
3 | 32. Regulation |
4 | 33. Model Ordinance | <-- |
5 | 33. Local Ordinances Relating to Oil and Gas Operations | <-- |
6 | CHAPTER 23 |
7 | DRILLING IMPACT FEE |
8 | Sec. |
9 | 2301. Definitions. |
10 | 2302. Shale Impact Fee. |
11 | 2303. Administration. |
12 | 2304. Well information. |
13 | 2305. Duties of department. |
14 | 2306. (Reserved). |
15 | 2307. Commission. |
16 | 2308. Enforcement. |
17 | 2309. Enforcement orders. |
18 | 2310. Administrative penalties. |
19 | 2311. (Reserved). |
20 | 2312. Recordkeeping. |
21 | 2313. Examinations. |
22 | 2314. Distribution of fee. |
23 | 2315. Statewide initiatives. |
24 | 2316. Diverse business participation. |
25 | 2317. Applicability. |
26 | 2318. Expiration. |
27 | § 2301. Definitions. |
28 | The following words and phrases when used in this chapter |
29 | shall have the meanings given to them in this section unless the |
30 | context clearly indicates otherwise: |
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1 | "Account." The Shale Impact Account. |
2 | "Average annual price of natural gas." The arithmetic mean |
3 | of the New York Mercantile Exchange (NYMEX) Henry Hub settled |
4 | price on the last trading day of each month of a calendar year |
5 | as reported by the Wall Street Journal for the 12-month period |
6 | ending December 31. |
7 | "Commission." The Pennsylvania Public Utility Commission. |
8 | "Department." The Department of Environmental Protection of |
9 | the Commonwealth. |
10 | "Eligible applicant." A county, municipality, council of |
11 | governments, watershed organization, institution of higher |
12 | education, nonprofit organization or an authorized organization |
13 | as defined in 27 Pa.C.S. § 6103 (relating to definitions). |
14 | "Fee." The Shale Impact Fee imposed under section 2302 |
15 | (relating to Shale Impact Fee). |
16 | "Highway mileage." The number of miles of public roads and |
17 | streets most recently certified by the Department of |
18 | Transportation as eligible for distribution of liquid fuels |
19 | funds under the act of June 1, 1956 (1955 P.L.1944, No.655), |
20 | referred to as the Liquid Fuels Tax Municipal Allocation Law. |
21 | "Municipality." A borough, city, town or township. |
22 | "Natural gas." A fossil fuel consisting of a mixture of |
23 | hydrocarbon gases, primarily methane, and possibly including |
24 | ethane, propane, butane, pentane, carbon dioxide, oxygen, |
25 | nitrogen and hydrogen sulfide and other gas species. The term |
26 | includes natural gas from oil fields known as associated gas or |
27 | casing head gas, natural gas fields known as nonassociated gas, |
28 | coal beds, shale beds and other formations. The term does not |
29 | include coal bed methane. |
30 | "Natural gas liquids." Hydrocarbons in natural gas which are |
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1 | separated from the gas as liquids through the process of |
2 | absorption, condensation, adsorption or other methods in gas |
3 | processing of cycling plants. |
4 | "Number of producing unconventional wells." The most recent |
5 | numerical count of producing unconventional wells on the |
6 | inventory maintained and provided to the commission by the |
7 | department as of the last day of each month. |
8 | "Price adjustment factor." One of a range of numerical |
9 | values used to compute the adjusted fee under section 2302 |
10 | (relating to Shale Impact Fee). The price adjustment factor |
11 | shall be determined as follows: |
12 | (1) If the average annual price of natural gas is less |
13 | than $5.01, the price adjustment factor shall be 1.0. |
14 | (2) If the average annual price of natural gas is $5.01 |
15 | to $6.00, the price adjustment factor shall be 1.25. |
16 | (3) If the average annual price of natural gas is $6.01 |
17 | to $7.00, the price adjustment factor shall be 1.75. |
18 | (4) If the average annual price of natural gas is $7.01 |
19 | to $8.00, the price adjustment factor shall be 2.25. |
20 | (5) If the average annual price of natural gas is |
21 | greater than $8.00, the price adjustment factor shall be |
22 | 2.75. |
23 | "Producer." A person or its subsidiary, affiliate or holding |
24 | company that holds a permit or other authorization to engage in |
25 | the business of severing natural gas for sale, profit or |
26 | commercial use from an unconventional well in this Commonwealth. |
27 | The term shall not include a producer that severs natural gas |
28 | from a site used to store natural gas that did not originate |
29 | from the site. |
30 | "Stripper well." A gas well incapable of producing more than |
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1 | 90,000 cubic feet of gas per day during a calendar month, |
2 | including production from all zones and multilateral well bores |
3 | at a single well, without regard to whether the production is |
4 | separately metered. |
5 | "Unconventional formation." A geological shale formation |
6 | existing below the base of the Elk Sandstone or its geologic |
7 | equivalent stratigraphic interval where natural gas generally |
8 | cannot be produced at economic flow rates or in economic volumes |
9 | except by vertical or horizontal well bores stimulated by |
10 | hydraulic fracture treatments or by using multilateral well |
11 | bores or other techniques to expose more of the formation of the |
12 | well bore. |
13 | "Unconventional well." A bore hole drilled or being drilled |
14 | for the purpose of or to be used for the production of natural |
15 | gas from an unconventional formation. |
16 | "Vertical gas well." An unconventional well which begins as |
17 | a vertical linear bore and is not intentionally deviated from |
18 | the vertical. |
19 | § 2302. Shale Impact Fee. |
20 | (a) Imposition.--Beginning January 1, 2011, there shall be |
21 | imposed a Shale Impact Fee on each unconventional well producing |
22 | natural gas in this Commonwealth. The fee under this section |
23 | shall not apply to a stripper well. |
24 | (b) Components.--Prior to the adjustment under subsection |
25 | (c), the fee shall consist of an annual base fee for each |
26 | unconventional well as follows: |
27 | (1) For the first year of production, the fee shall be |
28 | $50,000. |
29 | (2) For the second year of production, the fee shall be |
30 | $40,000. |
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1 | (3) For the third year of production, the fee shall be |
2 | $30,000. |
3 | (4) For the fourth year of production through the tenth |
4 | year of production, the fee shall be $20,000. |
5 | (5) For the eleventh year of production through the |
6 | twentieth year, the fee shall be $10,000. |
7 | (c) Annual adjustment.-- |
8 | (1) The fee shall be adjusted by multiplying the base |
9 | fee amount times the price adjustment factor rounded to the |
10 | nearest $100. |
11 | (2) The fee for a vertical gas well shall not be subject |
12 | to adjustment under paragraph (1) and shall be computed as |
13 | follows: |
14 | (i) The fee for a vertical gas well capable of |
15 | producing more than 180,000 cubic feet of gas per day |
16 | during a calendar month shall be one-half of the amounts |
17 | under subsection (b). |
18 | (ii) The fee for a vertical gas well capable of |
19 | producing more than 90,000 but less than 180,000 cubic |
20 | feet of gas per day during a calendar month shall be one- |
21 | fourth of the amounts under subsection (b). |
22 | (d) Re-stimulated wells.-- |
23 | (1) A well which after re-stimulation qualifies as a |
24 | stripper well shall not be subject to this subsection. |
25 | (2) The year in which the re-stimulation occurs shall be |
26 | considered the first year of production for purposes of |
27 | imposing the fee under subsection (b) if: |
28 | (i) a producer re-stimulates a previously stimulated |
29 | unconventional well following the tenth year of |
30 | production by: |
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1 | (A) hydraulic fracture treatments; |
2 | (B) using additional multilateral well bores; |
3 | (C) drilling deeper into an unconventional |
4 | formation; or |
5 | (D) other techniques to expose more of the |
6 | formation of the well bore; and |
7 | (ii) the re-stimulation results in a substantial |
8 | increase in production. |
9 | (3) As used in this subsection, the term "substantial |
10 | increase in production" means an increase in production |
11 | amounting to more than 90,000 cubic feet of gas per day |
12 | during a calendar month. |
13 | (d.1) Reopened wells.--If a producer reopens a previously |
14 | capped well or unconventional well and places the well into |
15 | production, all of the following apply: |
16 | (1) The years during which the well or unconventional |
17 | well was capped shall not be considered as a year of |
18 | production. |
19 | (2) The fee shall be reinstated based upon the actual |
20 | year of production under subsections (b) and (d). |
21 | (e) Cessation.--Payments of the annual fee shall cease upon |
22 | certification to the department by the operator that the |
23 | unconventional well has ceased production and has been plugged |
24 | according to the regulations established by the department. |
25 | § 2303. Administration. |
26 | (a) Commission.--On or before January 31 of each year, the |
27 | commission shall calculate and determine the average annual |
28 | price of natural gas for the previous calendar year. |
29 | (b) Notice.--Notice of the average annual price and the |
30 | annual fee schedule per well shall be provided to producers |
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1 | operating unconventional wells and shall be published on the |
2 | commission's Internet website. |
3 | (c) Method.--If publication of the New York Mercantile |
4 | Exchange (NYMEX) Henry Hub settled price is discontinued, the |
5 | average annual price of natural gas then in effect shall not be |
6 | adjusted until a comparable method to determine the average |
7 | annual price of natural gas is adopted by commission rule. If |
8 | the base data of the NYMEX Henry Hub settled price is |
9 | substantially revised, the commission shall make appropriate |
10 | changes to ensure that the average annual price of natural gas |
11 | is reasonably consistent with the result that would have been |
12 | attained had the substantial revision not been made. |
13 | (d) Report.--By March 1, 2012, and each March 1 thereafter, |
14 | each producer shall submit a production report to the commission |
15 | on a form prescribed by the commission for the previous calendar |
16 | year. The report shall include the following: |
17 | (1) Annual units of production severed by the producer |
18 | for each unconventional well for the reporting period. |
19 | (2) The number of producing unconventional wells of a |
20 | producer in each county and municipality. |
21 | (e) Fee for 2011.--For calendar year 2011, the fee due shall |
22 | be paid as follows: |
23 | (1) Fifty percent of the fee shall be paid by March 1, |
24 | 2012. |
25 | (2) Fifty percent of the fee shall be paid by June 1, |
26 | 2012. |
27 | (f) Fee due date.--Except as provided under subsection (e), |
28 | the fee shall be due on March 1 and each year thereafter. The |
29 | fee shall become delinquent if not remitted to the commission by |
30 | the due date. |
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1 | (g) Costs of commission.-- |
2 | (1) Within 30 days of the effective date of this |
3 | subsection, and each year thereafter, the commission may |
4 | impose an annual fee not to exceed $100 per well on each |
5 | reporting producer to pay for the actual costs of the |
6 | commission to administer and enforce this chapter and Chapter |
7 | 25 (relating to Natural Gas Energy Development Program). |
8 | (2) By March 31, 2012 and each year thereafter, the |
9 | commission shall determine for the preceding calendar year |
10 | the amount of its actual expenditures directly attributable |
11 | to the administration and enforcement of this chapter and |
12 | Chapter 25. The commission shall subtract the amount of fees |
13 | collected under paragraph (1) in that calendar year and |
14 | assess any remaining balance on all producers subject to the |
15 | impact fee in proportion to the number of wells owned by each |
16 | producer. |
17 | (3) Each producer shall be assessed for and shall pay to |
18 | the commission that proportion of the amount determined under |
19 | paragraph (2) and allocated to the producer for that year. |
20 | § 2304. Well information. |
21 | (a) List.--Within 30 days of the effective date of this |
22 | section, the department shall provide the commission with a list |
23 | of all unconventional wells that have received a drilling permit |
24 | from the department. The department shall update the list and |
25 | provide it to the commission on a monthly basis. |
26 | (b) Updates.--A producer subject to the fee shall notify the |
27 | commission of the following within 30 days after a calendar |
28 | month in which the change occurs: |
29 | (1) The initiation of production at an unconventional |
30 | well. |
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1 | (2) The removal of an unconventional well from |
2 | production. |
3 | § 2305. Duties of department. |
4 | (a) Confirmation of payment.--Prior to issuing a permit to |
5 | drill an unconventional well in this Commonwealth, the |
6 | department shall determine whether the producer has paid all |
7 | fees owed for an existing well under section 2302 (relating to |
8 | Shale Impact Fee). |
9 | (b) Prohibition.--The department shall not issue a permit to |
10 | drill an unconventional well until all fees owed under section |
11 | 2302 that are not in dispute have been paid to the commission. |
12 | (c) Payment of fees.--The commission shall provide the |
13 | department with information necessary to determine that the |
14 | producer has paid all fees owed for an existing well under |
15 | section 2302. |
16 | § 2306. (Reserved). |
17 | § 2307. Commission. |
18 | (a) Powers.--The commission shall have the authority to make |
19 | all inquiries and determinations necessary to calculate and |
20 | collect the fee imposed under this chapter, including, if |
21 | applicable, interest and penalties. |
22 | (b) Notice.--If the commission determines that the fee has |
23 | not been paid in full, it may issue a notice of the amount due |
24 | and demand for payment and shall set forth the basis for the |
25 | determination. |
26 | (c) Address.--Notice of failure to pay the correct fee shall |
27 | be sent to the producer via certified mail. |
28 | (d) Time period.--Except as set forth in subsection (e), the |
29 | commission may challenge the amount of a fee paid within three |
30 | years after the date the report under section 2303(d) (relating |
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1 | to administration) is filed. |
2 | (e) Intent.--If no report is filed or a producer files a |
3 | false or fraudulent report with the intent to evade the fee, an |
4 | assessment of the amount owed may be made at any time. |
5 | § 2308. Enforcement. |
6 | (a) Assessment.--The commission shall assess interest on any |
7 | delinquent fee at the rate determined under section 2307(a) |
8 | (relating to commission). |
9 | (b) Penalty.--In addition to the assessed interest under |
10 | subsection (a), if a producer fails to make timely payment of |
11 | the fee, there shall be added to the amount of the fee due a |
12 | penalty of 5% of the amount of the fee if failure to file a |
13 | timely payment is for not more than one month, with an |
14 | additional 5% penalty for each additional month, or fraction of |
15 | a month, during which the failure continues, not to exceed 25% |
16 | in the aggregate. |
17 | (c) Timely payment.--If the commission determines that a |
18 | producer has not made a timely payment of the fee, the |
19 | commission shall send a written notice of the amount of the |
20 | deficiency to the producer within 30 days from the date of |
21 | determining the deficiency. The commission shall notify the |
22 | department of a producer that has failed to pay the fee for any |
23 | producing well under section 2302 (relating to Shale Impact |
24 | Fee). If the producer does not have a pending appeal related to |
25 | payment of the fee in process, the department shall suspend the |
26 | permit for that well until the fee has been paid. |
27 | (d) Remedies.--The remedies provided under this chapter are |
28 | in addition to any other remedies provided by law or in equity. |
29 | (e) Lien.--Fines, fees, interest and penalties shall be |
30 | collectible as authorized by law for the collection of debts. If |
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1 | the producer liable to pay an amount neglects or refuses to pay |
2 | the amount after demand, the amount, together with costs, shall |
3 | be a judgment in favor of the Commonwealth upon the property of |
4 | the producer, but only after the judgment has been entered, |
5 | docketed and recorded by the prothonotary of the county where |
6 | the property is situated. The Commonwealth shall transmit to the |
7 | prothonotaries of the respective counties certified copies of |
8 | the judgments. Each prothonotary shall enter, docket and record |
9 | the record in the prothonotary's office and index each judgment, |
10 | without requiring the payment of costs as a condition precedent |
11 | to the entry of the judgment. |
12 | § 2309. Enforcement orders. |
13 | (a) Issuance.--The commission may issue an order as |
14 | necessary to enforce this chapter and Chapter 25 (relating to |
15 | natural gas energy development program). An order issued under |
16 | this section shall take effect upon notice, unless the order |
17 | specifies otherwise. An appeal of the order must be in |
18 | accordance with 66 Pa.C.S. Ch. 3 Subch. B (relating to |
19 | investigations and hearings). |
20 | (b) Compliance.--A producer has the duty to comply with an |
21 | order issued under subsection (a). If a producer fails to |
22 | proceed diligently or to comply with an order within the time |
23 | required, the producer shall be guilty of contempt and shall be |
24 | punished by the court in an appropriate manner. The commission |
25 | shall apply to the Commonwealth Court, which shall have |
26 | jurisdiction over matters relating to contempt. |
27 | § 2310. Administrative penalties. |
28 | (a) Civil penalties.--In addition to any other proceeding |
29 | authorized by law, the commission may assess a civil penalty not |
30 | to exceed $2,500 per violation upon a producer for the violation |
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1 | of this chapter. In determining the amount of the penalty, the |
2 | commission shall consider the willfulness of the violation and |
3 | other relevant factors. |
4 | (b) Separate offense.--Each violation for each separate day |
5 | and each violation of this chapter shall constitute a separate |
6 | offense. |
7 | (c) Limitation of actions.--Notwithstanding any limitation |
8 | in 42 Pa.C.S. Ch. 55 Subch. B (relating to civil actions and |
9 | proceedings) an action under this section must be brought within |
10 | three years of the violation. |
11 | (d) Procedure.--A penalty under this chapter is subject to |
12 | 66 Pa.C.S. Ch. 3 Subch. B (relating to investigations and |
13 | hearings). |
14 | § 2311. (Reserved). |
15 | § 2312. Recordkeeping. |
16 | A producer liable for the fee under this chapter or the |
17 | assessment under Chapter 25 (relating to natural gas energy |
18 | development program) shall keep records, make reports and comply |
19 | with regulations of the commission. The commission may require a |
20 | producer to make reports, render statements or keep records as |
21 | the commission deems sufficient to determine liability for the |
22 | fee. |
23 | § 2313. Examinations. |
24 | (a) Access.--The commission or its authorized agents or |
25 | representatives shall: |
26 | (1) Have access to the relevant books, papers and |
27 | records of any producer in order to verify the accuracy and |
28 | completeness of a report filed or fee paid under this chapter |
29 | or the assessment under Chapter 25 (relating to natural gas |
30 | energy development program). |
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1 | (2) Require the preservation of all relevant books, |
2 | papers and records for an appropriate period not to exceed |
3 | three years from the end of the calendar year to which the |
4 | records relate. |
5 | (3) Examine any employee of a producer under oath |
6 | concerning the severing of natural gas subject to a fee or |
7 | any matter relating to the enforcement of this chapter. |
8 | (4) Compel the production of relevant books, papers and |
9 | records and the attendance of all individuals who the |
10 | commission believes to have knowledge of relevant matters in |
11 | accordance with 66 Pa.C.S. (relating to public utilities). |
12 | (b) Unauthorized disclosure.--Any information obtained by |
13 | the commission as a result of any report, examination, |
14 | investigation or hearing under this chapter shall be |
15 | confidential and shall not be disclosed, except for official |
16 | purposes, in accordance with judicial order or as otherwise |
17 | provided by law. A commissioner or an employee of the commission |
18 | who without authorization divulges confidential information |
19 | shall be subject to disciplinary action by the commission. |
20 | § 2314. Distribution of fee. |
21 | (a) Establishment.--There is hereby established a restricted |
22 | receipts account in the State Treasury to be known as the Shale |
23 | Impact Account to be administered by the commission. |
24 | (b) Deposit.--All fees imposed under this chapter shall be |
25 | deposited into the account and are hereby appropriated for the |
26 | purpose set forth in this section. |
27 | (c) Conservation districts.-- |
28 | (1) From fees collected for 2011, $2,500,000 from the |
29 | account shall be distributed to county conservation |
30 | districts. |
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1 | (2) From fees collected for 2012 and every year |
2 | thereafter, $5,000,000 from the account shall be distributed |
3 | to county conservation districts. |
4 | (3) Funds under paragraphs (1) and (2) shall be |
5 | distributed in accordance with the following: |
6 | (i) One-half shall be distributed by dividing the |
7 | amount equally among conservation districts for any use |
8 | consistent with the act of May 15, 1945 (P.L.547, |
9 | No.217), known as the Conservation District Law. |
10 | (ii) One-half shall be distributed by the State |
11 | Conservation Commission in a manner consistent with the |
12 | Conservation District Law and the provisions of the State |
13 | Conservation Commission's Conservation District Fund |
14 | Allocation Program—Statement of Policy under 25 Pa. Code |
15 | Ch. 83 Subch. B (relating to Conservation District Fund |
16 | Allocation Program—Statement of Policy). |
17 | (c.1) Office of the State Fire Commissioner.-- |
18 | (1) From fees collected for 2011 and each year |
19 | thereafter, $1,500,000 shall be annually distributed to the |
20 | Office of the State Fire Commissioner. |
21 | (2) Funds under paragraph (1) shall be used for the |
22 | following purposes: |
23 | (i) To support training programs for emergency |
24 | responders located in counties where drilling of |
25 | Marcellus Shale or other unconventional resources occurs. |
26 | (ii) To provide grants to fire departments for the |
27 | purchase of special equipment required to respond to |
28 | fires and other emergencies related to the production, |
29 | processing and transportation of natural gas or natural |
30 | gas liquids. |
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1 | (c.2) Pennsylvania Fish and Boat Commission.--From fees |
2 | collected for 2011 and each year thereafter, $1,500,000 shall be |
3 | distributed to the Pennsylvania Fish and Boat Commission for |
4 | costs relating to the review of applications for permits to |
5 | drill unconventional wells. |
6 | (d) Distribution.--Following distribution under subsections |
7 | (c), (c.1) and (c.2), for 2011 and every year thereafter, 55% of |
8 | the revenues remaining in the account are hereby appropriated |
9 | under this subsection for the purposes authorized under |
10 | subsection (e). Local governments are encouraged, where |
11 | appropriate, to jointly fund projects that cross jurisdictional |
12 | lines. The commission, after making a disbursement under |
13 | subsection (d.2), shall distribute the remaining funds |
14 | appropriated under this subsection as follows within 45 days |
15 | after the date the fee is due: |
16 | (1) Thirty-six percent shall be distributed to counties |
17 | in which producing unconventional wells are located. The |
18 | amount for each county shall be determined using a formula |
19 | that divides the number of producing unconventional wells in |
20 | the county by the number of producing unconventional wells in |
21 | this Commonwealth and multiplies the resulting percentage by |
22 | the amount available for distribution under this paragraph. |
23 | (2) Thirty-seven percent shall be distributed to |
24 | municipalities in which producing unconventional wells are |
25 | located. The amount for each municipality shall be determined |
26 | using a formula that divides the number of producing |
27 | unconventional gas wells in the municipality by the number of |
28 | producing unconventional wells in this Commonwealth and |
29 | multiplies the resulting percentage by the amount available |
30 | for distribution under this paragraph. |
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1 | (3) Twenty-seven percent shall be distributed to |
2 | municipalities located in a county in which producing |
3 | unconventional wells are located. The amount available for |
4 | distribution in each county shall be determined by dividing |
5 | the number of producing unconventional wells in the county by |
6 | the number of producing unconventional wells in this |
7 | Commonwealth and multiplying the resulting percentage by the |
8 | amount available for distribution under this paragraph. The |
9 | resulting amount available for distribution in each county in |
10 | which producing unconventional wells are located shall be |
11 | distributed to each municipality in the county as follows: |
12 | (i) Fifty percent of the amount available under this |
13 | paragraph shall be distributed to municipalities in which |
14 | producing unconventional wells are located and to |
15 | municipalities that are either contiguous with a |
16 | municipality in which producing unconventional wells are |
17 | located or are located within five linear miles of a |
18 | producing unconventional well. The distribution shall be |
19 | made as follows: |
20 | (A) One-half shall be distributed to each |
21 | eligible municipality using a formula that divides |
22 | the population of the eligible municipality within |
23 | the county by the total population of all eligible |
24 | municipalities within the county and multiplies the |
25 | resulting percentage by the amount allocated to the |
26 | county under this subparagraph. |
27 | (B) One-half shall be distributed to each |
28 | eligible municipality using a formula that divides |
29 | the highway mileage of the eligible municipality |
30 | within the county by the total highway mileage of all |
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1 | eligible municipalities within the county and |
2 | multiplies the resulting percentage by the amount |
3 | allocated to the county under this subparagraph. |
4 | (ii) Fifty percent of the amount available under |
5 | this paragraph shall be distributed to each municipality |
6 | in the county regardless of whether an unconventional |
7 | well is located in the municipality as follows: |
8 | (A) One-half shall be distributed to each |
9 | municipality using a formula that divides the |
10 | population of the municipality within the county by |
11 | the total population of the county and multiplies the |
12 | resulting percentage by the amount allocated to the |
13 | county under this subparagraph. |
14 | (B) One-half shall be distributed to each |
15 | municipality using a formula that divides the highway |
16 | mileage of the municipality within the county by the |
17 | total highway mileage of the county and multiplies |
18 | the resulting percentage by the amount allocated to |
19 | the county under this subparagraph. |
20 | (d.1) Restriction.--The amount allocated to each designated |
21 | municipality under subsection (d) shall not exceed 50% of its |
22 | total budget for fiscal year 2011, adjusted for inflation in |
23 | subsequent years by an amount not to exceed an annual cost-of- |
24 | living adjustment calculated by applying the percentage |
25 | increase, if any, in the Consumer Price Index immediately prior |
26 | to the date the adjustment is due to take effect. Any remaining |
27 | money shall be retained by the commission and deposited in the |
28 | Housing Affordability and Rehabilitation Enhancement Fund. |
29 | (d.2) Housing Affordability and Rehabilitation Enhancement |
30 | Fund.-- |
|
1 | (1) From fees collected for 2011, $2,500,000 from the |
2 | account shall be distributed to the Housing Affordability and |
3 | Rehabilitation Enhancement Fund under the act of November 23, |
4 | 2010 (P.L.1035, No.105), entitled "An act amending the act of |
5 | December 3, 1959 (P.L.1688, No.621), entitled, as amended, |
6 | 'An act to promote the health, safety and welfare of the |
7 | people of the Commonwealth by broadening the market for |
8 | housing for persons and families of low and moderate income |
9 | and alleviating shortages thereof, and by assisting in the |
10 | provision of housing for elderly persons through the creation |
11 | of the Pennsylvania Housing Finance Agency as a public |
12 | corporation and government instrumentality; providing for the |
13 | organization, membership and administration of the agency, |
14 | prescribing its general powers and duties and the manner in |
15 | which its funds are kept and audited, empowering the agency |
16 | to make housing loans to qualified mortgagors upon the |
17 | security of insured and uninsured mortgages, defining |
18 | qualified mortgagors and providing for priorities among |
19 | tenants in certain instances, prescribing interest rates and |
20 | other terms of housing loans, permitting the agency to |
21 | acquire real or personal property, permitting the agency to |
22 | make agreements with financial institutions and Federal |
23 | agencies, providing for the purchase by persons of low and |
24 | moderate income of housing units, and approving the sale of |
25 | housing units, permitting the agency to sell housing loans, |
26 | providing for the promulgation of regulations and forms by |
27 | the agency, prescribing penalties for furnishing false |
28 | information, empowering the agency to borrow money upon its |
29 | own credit by the issuance and sale of bonds and notes and by |
30 | giving security therefor, permitting the refunding, |
|
1 | redemption and purchase of such obligations by the agency, |
2 | prescribing remedies of holders of such bonds and notes, |
3 | exempting bonds and notes of the agency, the income |
4 | therefrom, and the income and revenues of the agency from |
5 | taxation, except transfer, death and gift taxes; making such |
6 | bonds and notes legal investments for certain purposes; and |
7 | indicating how the act shall become effective,' providing for |
8 | the Pennsylvania Housing Affordability and Rehabilitation |
9 | Enhancement Program; and establishing the Housing |
10 | Affordability and Rehabilitation Enhancement Fund." From fees |
11 | collected for 2012, and each year thereafter, $5,000,000 |
12 | shall be annually distributed to the Housing Affordability |
13 | and Rehabilitation Enhancement Fund. |
14 | (2) Funds under paragraph (1) shall be used for the |
15 | following purposes: |
16 | (i) To provide support to projects in a county in |
17 | which producing unconventional wells are located that |
18 | increase availability of quality, safe, affordable |
19 | housing for low-income and moderate-income individuals or |
20 | families, persons with disabilities or elderly persons. |
21 | (ii) To provide rental assistance in a county in |
22 | which producing unconventional wells are located to |
23 | persons or families whose household income does not |
24 | exceed the area median income. |
25 | (3) No less than 50% of the funds available under this |
26 | subsection shall be used in fifth, sixth, seventh and eighth |
27 | class counties. |
28 | (e) Use of funds.--A county or municipality receiving funds |
29 | under subsection (d) shall use the funds received only for the |
30 | following purposes associated with natural gas production from |
|
1 | unconventional wells within the county or municipality: |
2 | (1) Construction, reconstruction, maintenance and repair |
3 | of roadways, bridges and public infrastructure. |
4 | (2) Water, storm water and sewer systems, including |
5 | construction, reconstruction, maintenance and repair. |
6 | (3) Emergency preparedness and public safety, including |
7 | law enforcement and fire services, hazardous material |
8 | response, 911, equipment acquisition and other services. |
9 | (4) Environmental programs, including trails, parks and |
10 | recreation, open space, flood plain management, conservation |
11 | districts and agricultural preservation. |
12 | (5) Preservation and reclamation of surface and |
13 | subsurface waters and water supplies. |
14 | (6) Tax reductions, including homestead exclusions. |
15 | (7) Projects to increase the availability of safe and |
16 | affordable housing to residents. |
17 | (8) Records management, geographic information systems |
18 | and information technology. |
19 | (9) The delivery of social services. |
20 | (10) Judicial services. |
21 | (11) For deposit into the county or municipality's |
22 | capital reserve fund if the funds are used solely for a |
23 | purpose set forth in this subsection. |
24 | (f) Reporting.-- |
25 | (1) The commission shall submit an annual report on all |
26 | funds in the account. The report shall include a detailed |
27 | listing of all deposits and expenditures of the fund and be |
28 | submitted to the chairman and the minority chairman of the |
29 | Appropriations Committee of the Senate, the chairman and the |
30 | minority chairman of the Environmental Resources and Energy |
|
1 | Committee of the Senate, the chairman and the minority |
2 | chairman of the Appropriations Committee of the House of |
3 | Representatives and the chairman and the minority chairman of |
4 | the Environmental Resources and Energy Committee of the House |
5 | of Representatives. The report shall be submitted by |
6 | September 30, 2012, and by September 30 of each year |
7 | thereafter. |
8 | (2) All counties and municipalities receiving funds from |
9 | the account under this section shall submit information to |
10 | the commission on a form prepared by the commission that sets |
11 | forth the amount and use of the funds received in the prior |
12 | calendar year. The form shall set forth that the funds |
13 | received were committed to a specific project or use as |
14 | authorized in this section. The reports shall be published |
15 | annually on the county or municipality's publicly accessible |
16 | Internet website. |
17 | § 2315. Statewide initiatives. |
18 | (a) Deposit and distribution.--Following distribution under |
19 | section 2314(c), (c.1) and (c.2) (relating to distribution of |
20 | fee), 45% of the remaining revenue in the account shall be |
21 | distributed by the commission within 45 days after the date the |
22 | fee is due as follows: |
23 | (1) Twenty-five percent to the Commonwealth Financing |
24 | Authority for grants to eligible applicants for the |
25 | following: |
26 | (i) Acid mines: damage, abatement and cleanup and |
27 | mine reclamation, with priority given to projects which |
28 | recycle and treat water for use in drilling operations. |
29 | (ii) Orphan or abandoned oil and gas well plugging. |
30 | (iii) Complying with the act of January 24, 1966 |
|
1 | (1965 P.L.1535, No.537), known as the Pennsylvania Sewage |
2 | Facilities Act. |
3 | (iv) Planning acquisition, development, |
4 | rehabilitation and repair of greenways, recreational |
5 | trails, open space, parks and beautification projects. |
6 | (v) Programs to establish baseline water quality |
7 | data on private water supplies. |
8 | (vi) Watershed programs and related projects. |
9 | (2) Twenty-five percent to the Highway Bridge |
10 | Improvement Restricted Account in the Motor License Fund to |
11 | counties to be distributed to fund the cost of the |
12 | replacement or repair of locally owned at-risk deteriorated |
13 | bridges. Funds shall be distributed to counties |
14 | proportionately based on the population of the county as |
15 | follows: |
16 | (i) In each county, the distribution shall be |
17 | according to the following formula: |
18 | (A) Divide: |
19 | (I) the total population of the county; by |
20 | (II) the total population of the |
21 | Commonwealth; |
22 | (B) Express the quotient under clause (A) as a |
23 | percentage. |
24 | (C) Multiply: |
25 | (I) the percentage under clause (B); by |
26 | (II) the amount of money to be distributed |
27 | under this paragraph. |
28 | (ii) Each county shall receive a minimum of $40,000. |
29 | (iii) The Department of Transportation shall release |
30 | money under this paragraph upon approval of a plan |
|
1 | submitted by a county or municipality to repair an at- |
2 | risk deteriorated bridge. The plan must include funding |
3 | for replacement or repair. |
4 | (iv) A county of the first or second class may |
5 | submit a plan to use its funds under this paragraph for |
6 | at-risk deteriorated bridges owned by a public |
7 | transportation authority. |
8 | (3) Twenty-five percent for water and sewer projects. |
9 | Fifty percent of the amount distributed under this paragraph |
10 | shall be transmitted to the Pennsylvania Infrastructure |
11 | Infrastructure Investment Authority to be used in accordance |
12 | with the act of March 1, 1988 (P.L.82, No.16), known as the |
13 | Pennsylvania Infrastructure Investment Authority Act. Fifty |
14 | percent of the amount distributed under this paragraph shall |
15 | be distributed to the H2O PA program to be used by the |
16 | Commonwealth Financing Authority in accordance with section |
17 | 301 of the act of July 9, 2008 (P.L.908, No.63), known as the |
18 | H2O PA Act. The prohibition on grants for projects located in |
19 | a city or county of the first or second class under section |
20 | 301 of the H2O PA Act shall not apply to funds distributed to |
21 | the H2O PA Program under this paragraph. |
22 | (4) Five percent to the Hazardous Sites Cleanup Fund. |
23 | (5) Fifteen percent for the planning, acquisition, |
24 | development rehabilitation and repair of greenways, |
25 | recreational trails, open space, natural areas, community |
26 | conservation and beautification projects, community and |
27 | heritage parks and water resource management. Funds shall be |
28 | distributed to counties proportionately based on the |
29 | population of the county as follows: |
30 | (i) In each county, the distribution shall be |
|
1 | according to the following formula: |
2 | (A) Divide: |
3 | (I) the total population of the county; by |
4 | (II) the total population of the |
5 | Commonwealth. |
6 | (B) Express the quotient under clause (A) as a |
7 | percentage. |
8 | (C) Multiply: |
9 | (I) the percentage under clause (B); by |
10 | (II) the amount of funds available under |
11 | this paragraph. |
12 | (ii) Each county shall receive a minimum of $25,000. |
13 | (6) Five percent for distribution as follows: |
14 | (i) For 2011, 2012 and 2013, to the Department of |
15 | Community and Economic Development for projects to |
16 | provide for the planning, development and construction of |
17 | a facility to liquefy natural gas or convert natural gas |
18 | to ethane, propane or similar substances. |
19 | (ii) After 2013, to the Hazardous Sites Cleanup |
20 | Fund. |
21 | (b) Restriction on use of proceeds.-- |
22 | (1) Funds distributed under subsection (a) shall not be |
23 | used for the purpose of public relations, outreach, |
24 | communications, lobbying or litigation. |
25 | (2) Funds distributed under subsection (a) may not be |
26 | used by an authorized organization as defined in 27 Pa.C.S. § |
27 | 6103 (relating to definitions) for land acquisition unless |
28 | the authorized organization has obtained the written consent |
29 | of the county and municipality in which the land is situated. |
30 | (c) Coordination.--The department and the Department of |
|
1 | Conservation and Natural Resources shall review applications for |
2 | funding as requested by the Commonwealth Financing Authority and |
3 | provide recommendations on priority of projects and project |
4 | approval. |
5 | § 2316. Diverse business participation. |
6 | (a) General rule.--Unconventional well producers and related |
7 | extraction companies, including contractors, subcontractors, |
8 | professional service providers and suppliers, shall provide |
9 | maximum practicable opportunities for diverse business |
10 | participation. |
11 | (b) Duties.--Unconventional well producers shall do all of |
12 | the following: |
13 | (1) Fully comply with the Commonwealth's contract |
14 | compliance policy regarding nondiscrimination. |
15 | (2) Notify the Department of General Services' Bureau of |
16 | Minority and Women Business Opportunities of contracting |
17 | opportunities from diverse businesses. |
18 | (3) Use or obtain the Bureau of Minority and Women |
19 | Business Opportunities' assistance in using the Department of |
20 | General Services' Internet website to identify certified |
21 | diverse businesses as potential sources for Marcellus Shale |
22 | opportunities. |
23 | (4) Utilize the Department of General Services available |
24 | source list of veteran-owned small businesses. |
25 | (c) Survey.--The Department of General Services shall |
26 | conduct a survey of unconventional well producers to ascertain |
27 | the extent of diverse business participation. This survey shall |
28 | be completed by December 31, 2012. |
29 | (d) Report.--The Department of General Services shall submit |
30 | an annual report to the Appropriations Committee of the Senate |
|
1 | and the Appropriations Committee of the House of Representatives |
2 | on the utilization of diverse business participation in the |
3 | Marcellus Shale gas extraction industry. |
4 | (e) Definitions.--As used in this section, the following |
5 | words and phrases shall have the meanings given to them in this |
6 | subsection unless the context clearly indicates otherwise: |
7 | "Diverse business." Minority-owned business, women-owned |
8 | business and veteran-owned business as determined by the |
9 | Department of General Services. |
10 | § 2317. Applicability. |
11 | The provisions of this chapter shall not negate or limit the |
12 | responsibilities of any producer under this title, 74 Pa.C.S |
13 | (relating to transportation) or 75 Pa.C.S. (relating to |
14 | vehicles). |
15 | § 2318. Expiration. |
16 | (a) Notice.--The Secretary of the Commonwealth shall, upon |
17 | the imposition of a severance tax on unconventional wells in |
18 | this Commonwealth, submit for publication in the Pennsylvania |
19 | Bulletin notice of the imposition. |
20 | (b) Date.--This chapter shall expire on the date of the |
21 | publication of the notice under subsection (a). |
22 | CHAPTER 25 |
23 | NATURAL GAS ENERGY Development Program |
24 | Sec. |
25 | 2501. Definitions. |
26 | 2502. Assessment. |
27 | 2503. Program. |
28 | § 2501. Definitions. |
29 | The following words and phrases when used in this chapter |
30 | shall have the meanings given to them in this section unless the |
|
1 | context clearly indicates otherwise: |
2 | "Authority." The Commonwealth Financing Authority |
3 | established in 64 Pa.C.S. § 1511 (relating to authority). |
4 | "Commission." As defined in section 2301 (relating to |
5 | definitions). |
6 | "Eligible applicant." Any of the following: |
7 | (1) A school district. |
8 | (2) A county or municipality. |
9 | (3) A Commonwealth authority. |
10 | (4) A municipal authority. |
11 | (5) The Pennsylvania Turnpike Commission. |
12 | (6) A local transportation organization. |
13 | (7) A nonprofit entity. |
14 | (8) A State-owned or State-related university. |
15 | "Local transportation organization." Any of the following: |
16 | (1) A political subdivision. |
17 | (2) A public transportation authority, port authority or |
18 | redevelopment authority, which is: |
19 | (i) organized under: |
20 | (A) the laws of this Commonwealth; or |
21 | (B) an interstate compact; or |
22 | (ii) otherwise empowered to render, contract to |
23 | render or assist in rendering transportation services in |
24 | a limited area in this Commonwealth even though it may |
25 | also render or assist in rendering transportation service |
26 | in adjacent states. |
27 | (3) A nonprofit association which directly or indirectly |
28 | provides public transportation service. |
29 | (4) A nonprofit association of public transportation |
30 | providers operating within this Commonwealth. |
|
1 | "Municipality." A borough, city, town or township. |
2 | "Producer." As defined in section 2301 (relating to |
3 | definitions). |
4 | "Unconventional well." As defined in section 2301 (relating |
5 | to definitions). |
6 | "Vertical gas well." As defined in section 2301 (relating to |
7 | definitions). |
8 | § 2502. Assessment. |
9 | (a) Imposition.--There shall be imposed an assessment by the |
10 | commission on unconventional wells located in this Commonwealth |
11 | prior to January 1, 2011. |
12 | (b) Unconventional well.--The assessment for each |
13 | unconventional well shall be determined as follows: |
14 | (1) The assessment for each unconventional well, other |
15 | than a vertical gas well, producing natural gas prior to |
16 | January 1, 2011, shall be $20,000. |
17 | (2) The assessment for each vertical gas well producing |
18 | natural gas prior to January 1, 2011, shall be $10,000. |
19 | (3) The assessment for each unconventional well drilled |
20 | but not producing natural gas prior to January 1, 2011, shall |
21 | be $8,000. |
22 | (c) Deadline and payment.--For calendar year 2010, a report |
23 | in accordance with section 2303(d) (relating to administration) |
24 | shall be filed by December 31, 2011, and the assessment due |
25 | shall be paid as follows: |
26 | (1) Fifty percent of the assessment shall be paid by |
27 | June 30, 2012. |
28 | (2) Fifty percent of the assessment shall be paid by |
29 | September 30, 2012. |
30 | (d) Deposit of funds.--Funds received from the assessment |
|
1 | under this section shall be deposited by the commission into the |
2 | restricted receipts account established under section 2314(a) |
3 | (relating to distribution of fee). |
4 | § 2503. Program. |
5 | (a) Establishment and purpose.--The Natural Gas Energy |
6 | Development Program is established. The purpose of the program |
7 | is to fund projects under this section. |
8 | (b) Appropriation.--By November 1, 2012, an amount equal to |
9 | the funds collected under section 2502 (relating to assessment) |
10 | shall be transferred from the restricted receipts account |
11 | established under section 2314(a) (relating to distribution of |
12 | fee) to the authority. The authority shall use the funds to |
13 | promote domestic energy development projects utilizing natural |
14 | gas. |
15 | (c) Projects.-- |
16 | (1) Funds transferred to the authority under subsection |
17 | (b) shall be utilized for grants, loans, reimbursements or |
18 | rebates to eligible applicants for any of the following |
19 | programs: |
20 | (i) The conversion or replacement of buses with |
21 | natural gas vehicles. |
22 | (ii) The conversion or replacement of public transit |
23 | authority vehicles with natural gas vehicles. |
24 | (iii) The conversion or replacement of medium and |
25 | heavy duty vehicles, including garbage trucks, street |
26 | sweepers and plow trucks, operated by eligible |
27 | applicants. |
28 | (iv) The construction of natural gas fueling |
29 | stations. |
30 | (v) The purchase and installation of the necessary |
|
1 | natural gas fleet refueling equipment for vehicles |
2 | operating on natural gas. |
3 | (2) A producer shall not be eligible for a grant, loan, |
4 | reimbursement or rebate under this subsection. |
5 | (d) Guidelines.--Funds under this section shall be used in |
6 | accordance with guidelines of the authority. Guidelines may |
7 | require the eligible applicant to provide matching funds not to |
8 | exceed 50% of the total cost of the project. |
9 | (e) Application.--An applicant shall submit an application |
10 | including supporting information as required by the authority. |
11 | (f) Administrative costs.--No more than 1% of the funds |
12 | appropriated to the authority under subsection (b) shall be used |
13 | for administrative costs. |
14 | (g) Applicant eligibility.--In order to be eligible to |
15 | receive funds under this section, an applicant must provide the |
16 | following: |
17 | (1) A detailed description of the project, including the |
18 | proposed use of funds and an explanation of how the project |
19 | will fulfill the goals of this section. |
20 | (2) The cost of the project. |
21 | (3) The source and amount of any funds to be contributed |
22 | by the applicant. |
23 | (4) A description of how the project will increase this |
24 | Commonwealth's use of domestic natural gas. |
25 | (h) Project eligibility.--In order to be eligible for |
26 | funding under this section, a project shall be located in this |
27 | Commonwealth. |
28 | (i) Project review.--The authority shall review and prepare |
29 | an assessment of each application and determine which projects |
30 | will best utilize and promote the use of domestically produced |
|
1 | natural gas in this Commonwealth. Projects shall be awarded in |
2 | accordance with 64 Pa.C.S. § 1512 (relating to board). The |
3 | department or the Department of Community and Economic |
4 | Development shall provide technical assistance as appropriate. |
5 | (j) Report.--The authority shall provide a report to the |
6 | chairman and minority chairman of the Appropriations Committee |
7 | of the Senate and the chairman and minority chairman of the |
8 | Appropriations Committee of the House of Representatives by |
9 | October 1, 2013, and each October 1 thereafter. The report shall |
10 | be maintained on the authority's official Internet website and |
11 | shall include: |
12 | (1) A list of all grants, loans, reimbursements and |
13 | rebates approved and loans repaid during the previous fiscal |
14 | year, including the amount of the loan or grant and a |
15 | description of each approved project. |
16 | (2) The estimated domestic energy benefits to date for |
17 | all projects receiving funding during the fiscal year and the |
18 | method used to determine estimated benefits. |
19 | CHAPTER 31 |
20 | (RESERVED) |
21 | CHAPTER 32 |
22 | REGULATION |
23 | Subchapter |
24 | A. Preliminary Provisions |
25 | B. General Requirements |
26 | C. Underground Gas Storage |
27 | D. Eminent Domain |
28 | E. Enforcement and Remedies |
29 | F. (Reserved) |
30 | G. Miscellaneous Provisions |
|
1 | SUBCHAPTER A |
2 | PRELIMINARY PROVISIONS |
3 | Sec. |
4 | 3201. Scope of chapter. |
5 | 3202. Declaration of purpose. |
6 | 3203. Definitions. |
7 | § 3201. Scope of chapter. |
8 | This chapter relates to oil and gas. |
9 | § 3202. Declaration of purpose. |
10 | The purposes of this chapter are to: |
11 | (1) Permit optimal development of oil and gas resources |
12 | of this Commonwealth consistent with protection of the |
13 | health, safety, environment and property of Pennsylvania |
14 | citizens. |
15 | (2) Protect the safety of personnel and facilities |
16 | employed in coal mining or exploration, development, storage |
17 | and production of natural gas or oil. |
18 | (3) Protect the safety and property rights of persons |
19 | residing in areas where mining, exploration, development, |
20 | storage or production occurs. |
21 | (4) Protect the natural resources, environmental rights |
22 | and values secured by the Constitution of Pennsylvania. |
23 | § 3203. Definitions. |
24 | The following words and phrases when used in this chapter |
25 | shall have the meanings given to them in this section unless the |
26 | context clearly indicates otherwise: |
27 | "Abandoned well." Any of the following: |
28 | (1) A well: |
29 | (i) that has not been used to produce, extract or |
30 | inject any gas, petroleum or other liquid within the |
|
1 | preceding 12 months; |
2 | (ii) for which equipment necessary for production, |
3 | extraction or injection has been removed; or |
4 | (iii) considered dry and not equipped for production |
5 | within 60 days after drilling, redrilling or deepening. |
6 | (2) The term does not include wells granted inactive |
7 | status. |
8 | "Alteration." An operation which changes the physical |
9 | characteristics of a well bore, including stimulation or |
10 | removing, repairing or changing the casing. For the purpose of |
11 | this chapter, the term does not include: |
12 | (1) Repairing or replacing of the casing if the |
13 | operation does not affect the depth or diameter of the well |
14 | bore, the use or purpose of the well does not change and the |
15 | activity complies with regulations promulgated under this |
16 | chapter. This paragraph shall not apply: |
17 | (i) to production casings in coal areas when the |
18 | production casings are also the coal protection casings; |
19 | or |
20 | (ii) when the method of repairing or replacing the |
21 | casing would affect the coal protection casing. |
22 | (2) Stimulation of a well. |
23 | "Board." The Oil and Gas Technical Advisory Board. |
24 | "Bridge." An obstruction placed in a well at any depth. |
25 | "Building." An occupied structure with walls and roof within |
26 | which persons live or customarily work. |
27 | "Casing." A string or strings of pipe commonly placed in |
28 | wells drilled for natural gas or petroleum. |
29 | "Cement" or "cement grout." Any of the following: |
30 | (1) Hydraulic cement properly mixed with water only. |
|
1 | (2) A mixture of materials adequate for bonding or |
2 | sealing of well bores as approved by regulations promulgated |
3 | under this chapter. |
4 | "Coal mine." Any of the following: |
5 | (1) Operations in a coal seam, including excavated |
6 | portions, abandoned portions and places actually being |
7 | worked. |
8 | (2) Underground workings and shafts, slopes, tunnels and |
9 | other ways and openings, including those which are in the |
10 | course of being sunk or driven, along with all roads and |
11 | facilities connected with them below the surface. |
12 | "Coal operator." A person that operates or proposes to |
13 | operate a coal mine as an owner or lessee. |
14 | "Completion of a well." The date after treatment, if any, |
15 | that the well is properly equipped for production of oil or gas, |
16 | or, if the well is dry, the date that the well is abandoned. |
17 | "Department." The Department of Environmental Protection of |
18 | the Commonwealth. |
19 | "Drilling." The drilling or redrilling of a well or the |
20 | deepening of an existing well. |
21 | "Fresh groundwater." Water in that portion of the generally |
22 | recognized hydrologic cycle which occupies the pore spaces and |
23 | fractures of saturated subsurface materials. |
24 | "Gas." Any of the following: |
25 | (1) A fluid, combustible or noncombustible, which is |
26 | produced in a natural state from the earth and maintains a |
27 | gaseous or rarified state at standard temperature of 60 |
28 | degrees Fahrenheit and pressure 14.7 PSIA. |
29 | (2) Any manufactured gas, byproduct gas or mixture of |
30 | gases. |
|
1 | "Inactivate." To shut off the vertical movement of gas in a |
2 | gas storage well by means of a temporary plug or other suitable |
3 | device or by injecting bentonitic mud or other equally nonporous |
4 | material into the well. |
5 | "Linear foot." A unit or measurement in a straight line on a |
6 | horizontal plane. |
7 | "Oil." Hydrocarbons in liquid form at standard temperature |
8 | of 60 degrees Fahrenheit and pressure 14.7 PSIA, also referred |
9 | to as petroleum. |
10 | "Operating coal mine." Any of the following: |
11 | (1) An underground coal mine which is producing coal or |
12 | has been in production of coal at any time during the 12 |
13 | months immediately preceding the date its status is put in |
14 | question, including contiguous worked-out or abandoned coal |
15 | mines to which it is connected underground. |
16 | (2) An underground coal mine to be established or |
17 | reestablished under paragraph (1). |
18 | "Operating well." A well that is not plugged and abandoned. |
19 | "Orphan well." A well abandoned prior to April 18, 1985, |
20 | that has not been affected or operated by the present owner or |
21 | operator and from which the present owner, operator or lessee |
22 | has received no economic benefit other than as a landowner or |
23 | recipient of a royalty interest from the well. |
24 | "Outside coal boundaries." When used in conjunction with the |
25 | term "operating coal mine," the boundaries of the coal acreage |
26 | assigned to the coal mine under an underground mine permit |
27 | issued by the Department of Environmental Protection. |
28 | "Owner." A person who owns, manages, leases, controls or |
29 | possesses a well or coal property. The term does not apply to |
30 | orphan wells, except where the Department of Environmental |
|
1 | Protection determines a prior owner or operator benefited from |
2 | the well as provided in section 3220(a) (relating to plugging |
3 | requirements). |
4 | "Person." An individual, association, partnership, |
5 | corporation, political subdivision or agency of the Federal |
6 | Government, State government or other legal entity. |
7 | "Petroleum." Hydrocarbons in liquid form at standard |
8 | temperature of 60 degrees Fahrenheit and pressure 14.7 PSIA, |
9 | also referred to as oil. |
10 | "Pillar." A solid block of coal surrounded by either active |
11 | mine workings or a mined-out area. |
12 | "Plat." A map, drawing or print accurately drawn to scale |
13 | showing the proposed or existing location of a well or wells. |
14 | "Reservoir protective area." The area surrounding a storage |
15 | reservoir boundary, but within 2,000 linear feet of the storage |
16 | reservoir boundary, unless an alternate area has been designated |
17 | by the Department of Environmental Protection, which is deemed |
18 | reasonably necessary to afford protection to the reservoir, |
19 | under a conference held in accordance with section 3251 |
20 | (relating to conferences). |
21 | "Retreat mining." Removal of coal pillars, ribs and stumps |
22 | remaining after development mining has been completed in that |
23 | section of a coal mine. |
24 | "Secretary." The Secretary of Environmental Protection of |
25 | the Commonwealth. |
26 | "Storage operator." A person who operates or proposes to |
27 | operate a storage reservoir as an owner or lessee. |
28 | "Storage reservoir." That portion of a subsurface geological |
29 | stratum into which gas is or may be injected for storage |
30 | purposes or to test suitability of the stratum for storage. |
|
1 | "Unconventional formation." A geological shale formation | <-- |
2 | existing below the base of the Elk Sandstone or its geologic |
3 | equivalent stratigraphic interval where natural gas generally |
4 | cannot be produced at economic flow rates or in economic volumes |
5 | except by vertical or horizontal well bores stimulated by |
6 | hydraulic fracture treatments or by using multilateral well |
7 | bores or other techniques to expose more of the formation of the |
8 | well bore. |
9 | "Unconventional well." A bore hole drilled or being drilled |
10 | for the purpose of or to be used for the production of natural |
11 | gas from an unconventional formation. |
12 | "Well." A bore hole drilled or being drilled for the purpose |
13 | of, or to be used for, producing, extracting or injecting gas, |
14 | petroleum or another liquid related to oil or gas production or |
15 | storage, including brine disposal, but excluding a bore hole |
16 | drilled to produce potable water. The term does not include a |
17 | bore hole drilled or being drilled for the purpose of, or to be |
18 | used for: |
19 | (1) Systems of monitoring, producing or extracting gas |
20 | from solid waste disposal facilities, if the bore hole is a |
21 | well subject to the act of July 7, 1980 (P.L.380, No.97), |
22 | known as the Solid Waste Management Act, which does not |
23 | penetrate a workable coal seam. |
24 | (2) Degasifying coal seams, if the bore hole is: |
25 | (i) used to vent methane to the outside atmosphere |
26 | from an operating coal mine; regulated as part of the |
27 | mining permit under the act of June 22, 1937 (P.L.1987, |
28 | No.394), known as The Clean Streams Law, and the act of |
29 | May 31, 1945 (P.L.1198, No.418), known as the Surface |
30 | Mining Conservation and Reclamation Act; and drilled by |
|
1 | the operator of the operating coal mine for the purpose |
2 | of increased safety; or |
3 | (ii) used to vent methane to the outside atmosphere |
4 | under a federally funded or State-funded abandoned mine |
5 | reclamation project. |
6 | "Well operator" or "operator." Any of the following: |
7 | (1) The person designated as operator or well operator |
8 | on the permit application or well registration. |
9 | (2) If a permit or well registration was not issued, a |
10 | person who locates, drills, operates, alters or plugs a well |
11 | or reconditions a well with the purpose of production from |
12 | the well. |
13 | (3) If a well is used in connection with underground |
14 | storage of gas, a storage operator. |
15 | "Wetland." Areas inundated or saturated by surface or |
16 | groundwater at a frequency and duration sufficient to support, |
17 | and which normally support, a prevalence of vegetation typically |
18 | adapted for life in saturated soil conditions, including swamps, |
19 | marshes, bogs and similar areas. |
20 | "Workable coal seams." A coal seam which: |
21 | (1) is actually being mined in the area in question |
22 | under this chapter by underground methods; or |
23 | (2) in the judgment of the Department of Environmental |
24 | Protection, can reasonably be expected to be mined by |
25 | underground methods. |
26 | SUBCHAPTER B |
27 | GENERAL REQUIREMENTS |
28 | Sec. |
29 | 3211. Well permits. |
30 | 3212. Permit objections. |
|
1 | 3213. Well registration and identification. |
2 | 3214. Inactive status. |
3 | 3215. Well location restrictions. |
4 | 3216. Well site restoration. |
5 | 3217. Protection of fresh groundwater and casing requirements. |
6 | 3218. Protection of water supplies. |
7 | 3218.1. Containment for unconventional wells. |
8 | 3218.2. Transportation records regarding wastewater fluids. |
9 | 3218.3. Emergency response information. |
10 | 3218.4. Notification to public drinking water systems. | <-- |
11 | 3218.5. Corrosion control requirements. |
12 | 3218.6. Gathering lines. |
13 | 3219. Use of safety devices. |
14 | 3220. Plugging requirements. |
15 | 3221. Alternative methods. |
16 | 3222. Well reporting requirements. |
17 | 3223. Notification and effect of well transfer. |
18 | 3224. Coal operator responsibilities. |
19 | 3225. Bonding. |
20 | 3226. Oil and Gas Technical Advisory Board. |
21 | § 3211. Well permits. |
22 | (a) Permit required.--No person shall drill a well or alter |
23 | an existing well, except for alterations which satisfy the |
24 | requirements of subsection (j), without having first obtained a |
25 | well permit under subsections (b), (c), (d) and (e) in | <-- |
26 | accordance with this section. A copy of the permit shall be kept |
27 | at the well site during preparation and construction of the well |
28 | site or access road, drilling, operation or alteration of the |
29 | well. No person shall be required to obtain a permit to redrill |
30 | a nonproducing well if the redrilling: |
|
1 | (1) has been evaluated and approved as part of an order |
2 | from the department authorizing cleaning out and plugging or |
3 | replugging a nonproducing well under section 13(c) of the act |
4 | of December 18, 1984 (P.L.1069, No.214), known as the Coal |
5 | and Gas Resource Coordination Act; and |
6 | (2) is incidental to a plugging or replugging operation |
7 | and the well is plugged within 15 days of redrilling. |
8 | (b) Plat.--The permit application shall be accompanied by a |
9 | plat prepared by a competent engineer or a competent surveyor, |
10 | on forms furnished by the department, showing the political |
11 | subdivision and county in which the tract of land upon which the |
12 | well to be drilled, operated or altered, is located, the name of |
13 | the surface landowner of record and lessor, the name of all |
14 | surface landowners or water purveyors whose water supplies are |
15 | within 1,000 feet, or in the case of an unconventional well |
16 | within 3,000 feet from the vertical well bore, the name of the | <-- |
17 | owner of record or operator of all known underlying workable |
18 | coal seams, the acreage in the tract to be drilled, the proposed |
19 | location of the well determined by survey, courses and distances |
20 | of the location from two or more permanent identifiable points |
21 | or landmarks on the tract boundary corners, the proposed angle |
22 | and direction of the well if the well is to be deviated |
23 | substantially from a vertical course, the number or other |
24 | identification to be given the well, workable coal seams |
25 | underlying the tract of land upon which the well is to be |
26 | drilled, operated or altered and which shall be cased off under |
27 | section 3217 (relating to protection of fresh groundwater and |
28 | casing requirements) and any other information needed by the |
29 | department to administer this chapter. The applicant shall | <-- |
30 | (b.1) Notification.--The following shall apply: | <-- |
|
1 | (1) The applicant shall forward by certified mail a copy |
2 | of the plat to the following: |
3 | (1) The surface landowner. | <-- |
4 | (2) All surface landowners or water purveyors whose |
5 | water supplies are within 1,000 feet of the proposed well |
6 | location or, in the case of an unconventional well, within |
7 | 3,000 feet of the well bore. |
8 | (3) The owner and lessee, if any, of any workable coal |
9 | seams and every coal operator required to be identified on |
10 | the well permit application and shall submit proof of such |
11 | notification with the well permit application. |
12 | (4) The municipality where the proposed unconventional |
13 | well is located and a municipality within 3,000 feet of the |
14 | proposed unconventional well bore. |
15 | (b.1) Notification.--Notification of surface owners |
16 | shall be |
17 | (i) The surface landowner. | <-- |
18 | (ii) All surface landowners or water purveyors whose |
19 | water supplies are within 1,000 feet of the proposed well |
20 | location or, in the case of an unconventional well, |
21 | within 3,000 feet of the vertical well bore. | <-- |
22 | (iii) The owner and lessee, if any, of any workable |
23 | coal seams and every coal operator required to be |
24 | identified on the well permit application and shall |
25 | submit proof of such notification with the well permit |
26 | application. |
27 | (iv) The municipality where the proposed |
28 | unconventional well is located and each municipality |
29 | within 3,000 feet of the proposed unconventional vertical |
30 | well bore. |
|
1 | (v) Storage operators within 3,000 feet of the |
2 | proposed unconventional vertical well bore. |
3 | (2) Notification of surface owners shall be performed by |
4 | sending notice to those persons to whom the tax notices for |
5 | the surface property are sent, as indicated in the assessment |
6 | books in the county in which the property is located. |
7 | Notification of surface landowners or water purveyors whose | <-- |
8 | water supplies are within 1,000 feet, or in the case of an |
9 | unconventional well within 3,000 feet of the well bore shall |
10 | be on forms, and in a manner prescribed by the department, |
11 | sufficient to identify the rights afforded those persons |
12 | under section 3218 (relating to protection of water supplies) |
13 | and advise them of the advisability of taking their own |
14 | predrilling or prealteration survey. The applicant shall |
15 | submit proof of compliance with this subsection with the well |
16 | permit application. |
17 | (b.2) Approval.--If the applicant submits to the department |
18 | written approval of the proposed well location by the surface |
19 | landowner and the coal operator, lessee or owner of any coal |
20 | underlying the proposed well location and no objections are |
21 | raised by the department within 15 days of filing, or if no |
22 | approval has been submitted and no objections are made to the |
23 | proposed well location within 15 days from receipt of notice by |
24 | the department, lessee or owner, the written approval shall be | <-- |
25 | the surface landowner and the coal operator, lessee or owner, if | <-- |
26 | any, or by the department the same shall be filed and become a |
27 | permanent record of the well location, subject to inspection at |
28 | any time by any interested person. The application form to |
29 | operate an abandoned or orphan well shall provide notification |
30 | to the applicant of its responsibilities to plug the well upon |
|
1 | abandonment. |
2 | (c) Applicants.--If the applicant for a well permit is a |
3 | corporation, partnership or person that is not a resident of |
4 | this Commonwealth, the applicant shall designate the name and |
5 | address of an agent for the operator who shall be the attorney- |
6 | in-fact for the operator and who shall be a resident of this |
7 | Commonwealth upon whom notices, orders or other communications |
8 | issued under this chapter may be served and upon whom process |
9 | may be served. Each well operator required to designate an agent |
10 | under this section shall, within five days after termination of |
11 | the designation, notify the department of the termination and |
12 | designate a new agent. |
13 | (d) Permit fee.--Each application for a well permit shall be |
14 | accompanied by a permit fee, established by regulation of the |
15 | Environmental Quality Board, which bears a reasonable |
16 | relationship to the cost of administering this chapter. |
17 | (e) Issuance of permit.--The department shall issue a permit |
18 | within 45 days of submission of an application unless the |
19 | department denies the permit application for any of the reasons |
20 | set forth in subsection (e.1), except that the department shall |
21 | have the right to extend the period for 15 days for cause shown |
22 | upon notification to the applicant of the reasons for the |
23 | extension. The department may impose permit terms and conditions |
24 | necessary to assure compliance with this chapter or other laws |
25 | administered by the department. |
26 | (e.1) Denial of permit.--The department may deny a permit |
27 | for any of the following reasons: |
28 | (1) The well site for which a permit is requested is in |
29 | violation of this chapter or issuance of the permit would |
30 | result in a violation of this chapter or other applicable |
|
1 | law. |
2 | (2) The permit application is incomplete. |
3 | (3) Unresolved objections to the well location by coal |
4 | mine owner or operator remain. |
5 | (4) The requirements of section 3225 (relating to |
6 | bonding) have not been met. |
7 | (5) The applicant, with respect to any other well |
8 | operated by the applicant, is in continuing violation of this |
9 | chapter or other applicable law administered by the |
10 | department and the likely result of the violation is an |
11 | unsafe operation or environmental damage. If a final |
12 | determination of the violation has been made in the | <-- |
13 | applicant's favor, the permit denied department shall be | <-- |
14 | reconsidered reconsider the application and the violation | <-- |
15 | shall not be a consideration in the awarding of the permit | <-- |
16 | considered in the application review. The department may not | <-- |
17 | collect an application fee for the reconsideration. |
18 | (6) The applicant failed to pay the fee or file a report | <-- |
19 | under section 2303(d) and (e) (relating to administration), |
20 | unless a valid an appeal is in process pending. The | <-- |
21 | commission shall notify the department of any applicant who |
22 | has failed to pay the fee or file a return report and who | <-- |
23 | does not have a valid an appeal pending. | <-- |
24 | (7) An applicant to drill an unconventional well does | <-- |
25 | not have a reasonable written plan to reuse at least 30% of |
26 | the total water that will be used to hydraulically fracture |
27 | the well The water management plan submitted by the applicant | <-- |
28 | to drill an unconventional well does not include a reuse plan |
29 | for fluids that will be used to hydraulically fracture that |
30 | well. |
|
1 | (f) Drilling.--Upon issuance of a permit, the well operator |
2 | may proceed to drill, operate or alter the well at the exact |
3 | location shown on the plat after providing the department, the |
4 | surface landowner and the local political subdivision in which |
5 | the well is to be located 24 hours' notice of the date that |
6 | drilling will commence. In noncoal areas where more than one |
7 | well is to be drilled as part of the same development project, |
8 | only the first well of the project need be located by survey. |
9 | Remaining wells of the project shall be shown on the plat in a |
10 | manner prescribed by regulation. Prior to drilling each |
11 | additional project well, the well operator shall notify the |
12 | department and provide reasonable notice of the date on which |
13 | drilling will commence. Whenever, before or during the drilling |
14 | of a well not within the boundaries of an operating coal mine, |
15 | the well operator encounters conditions of a nature which |
16 | renders drilling of the bore hole or a portion thereof |
17 | impossible, or more hazardous than usual, the well operator, |
18 | upon verbal notice to the department, may immediately plug all |
19 | or part of the bore hole, if drilling has occurred, and commence |
20 | a new bore hole not more than 50 feet from the old bore hole if |
21 | the location of the new bore hole does not violate section 3215 |
22 | (relating to well location restrictions) and, in the case of a |
23 | well subject to act of July 25, 1961 (P.L.825, No.359), known as |
24 | the Oil and Gas Conservation Law, if the new location complies |
25 | with existing laws, regulations and spacing orders and the new |
26 | bore hole is at least 330 feet from the nearest lease boundary. |
27 | Within ten days of commencement of the new bore hole, the well |
28 | operator shall file with the department a written notice of |
29 | intention to plug, a well record, a completion report, a |
30 | plugging certificate for the original bore hole and an amended |
|
1 | plat for the new bore hole. The well operator shall forward a |
2 | copy of the amended plat to the surface landowner identified on |
3 | the well permit application within ten days of commencement of |
4 | the new well bore. |
5 | (g) Posting.--The well permit number and operator's name, |
6 | address and telephone number shall be conspicuously posted at |
7 | the drilling site prior to initiating during site preparation | <-- |
8 | and during, including the construction of access roads, | <-- |
9 | construction of the well site or access road, and during | <-- |
10 | drilling, operation or alteration of the well. |
11 | (h) Labeling.--The well operator shall install the permit |
12 | number issued by the department in a legible, visible and |
13 | permanent manner on the well upon completion. |
14 | (i) Expiration.--Well permits issued for drilling wells |
15 | under this chapter shall expire one year after issuance unless |
16 | operations for drilling the well are commenced within the period |
17 | and pursued with due diligence or unless the permit is renewed |
18 | in accordance with regulations of the department. If drilling is |
19 | commenced during the one-year period, the well permit shall |
20 | remain in force until the well is plugged in accordance with |
21 | section 3220 (relating to plugging requirements) or the permit |
22 | is revoked. A drilling permit issued prior to April 18, 1985, |
23 | for a well which is an operating well on April 18, 1985, shall |
24 | remain in force as a well permit until the well is plugged in |
25 | accordance with section 3220. Nothing in this subsection shall |
26 | be construed to rescind the provisions pertaining to drilling |
27 | permits contained in the Oil and Gas Conservation Law. |
28 | (j) Exceptions.--The Environmental Quality Board may |
29 | establish by regulation certain categories of alterations of |
30 | permitted or registered wells for which permitting requirements |
|
1 | of this section shall not apply. A well operator or owner who |
2 | proposes to conduct the alteration activity shall first obtain a |
3 | permit or registration modification from the department. The |
4 | Environmental Quality Board shall promulgate regulations as to |
5 | the requirements for modifications. |
6 | (k) No transfer permitted.--No permit issued under this |
7 | section or registration issued under section 3213 (relating to |
8 | well registration and identification) may be transferred without |
9 | prior approval of the department. A request for approval of a |
10 | transfer shall be on the forms, and in the manner, prescribed by |
11 | the department. The department shall approve or deny a transfer |
12 | request within 45 days of receipt of a complete and accurate |
13 | application. The department may deny a request only for reasons |
14 | set forth in subsection (e.1)(4), (5) and (6). Approval of a |
15 | transfer request shall permanently transfer responsibility to |
16 | plug the well under section 3220 to the recipient of the |
17 | transferred permit or registration. The department may establish |
18 | a procedure for accelerated approval of well permit applications |
19 | in hardship cases, as defined by regulation of the Environmental |
20 | Quality Board, consistent with the requirements of this chapter. |
21 | § 3212. Permit objections. |
22 | (a) General rule.--If a well referred to in section 3211(b) |
23 | (relating to well permits) will be located on a tract whose |
24 | surface is owned by a person other than the well operator, the |
25 | surface landowner affected shall be notified of the intent to |
26 | drill and may file objections, in accordance with section 3251 |
27 | (relating to conferences), based on the assertion that the well |
28 | location violates section 3215 (relating to well location |
29 | restrictions) or that information in the application is untrue |
30 | in any material respect, within 15 days of the receipt by the |
|
1 | surface owner of the plat under section 3211(b). Receipt of |
2 | notice by the surface owner shall be presumed to have occurred |
3 | 15 days from the date of the certified mailing when the well |
4 | operator submits a copy of the certified mail receipt sent to |
5 | the surface owner and an affidavit certifying that the address |
6 | of the surface owner to which notice was sent is the same as the |
7 | address listed in the assessment books in the county where the |
8 | property is located. If no objection is filed or none is raised |
9 | by the department within 15 days after receipt of the plat by |
10 | the surface landowner, or if written approval by the surface |
11 | landowner is filed with the department and no objection is |
12 | raised by the department within 15 days of filing, the |
13 | department shall proceed to issue or deny the permit. |
14 | (b) Special circumstances.--If a well referred to in section |
15 | 3211(b) will penetrate within the outside coal boundaries of an |
16 | operating coal mine or a coal mine already projected and platted |
17 | but not yet being operated, or within 1,000 linear feet beyond |
18 | those boundaries, and, in the opinion of the coal owner or |
19 | operator, the well or a pillar of coal about the well will |
20 | unduly interfere with or endanger the mine, the coal owner or |
21 | operator affected may file objections under section 3251 to the |
22 | proposed location within 15 days of the receipt by the coal |
23 | operator of the plat under section 3211(b). If possible, an |
24 | alternative location at which the proposed well could be drilled |
25 | to overcome the objections shall be indicated. If no objection |
26 | to the proposed location is filed or if none is raised by the |
27 | department within 15 days after receipt of the plat by the coal |
28 | operator or owner, or if written approval by the coal operator |
29 | or owner of the location is filed with the department and no |
30 | objection is raised by the department within 15 days of filing, |
|
1 | the department shall proceed to issue or deny the permit. |
2 | (c) Procedure upon objection.--If an objection is filed by a |
3 | coal operator or owner or made by the department, the department |
4 | shall fix a time and place for a conference under section 3251 |
5 | not more than ten days from the date of service of the objection |
6 | to allow the parties to consider the objection and attempt to |
7 | agree on a location. If they fail to agree, the department, by |
8 | an appropriate order, shall determine a location on the tract of |
9 | land as near to the original location as possible where, in the |
10 | judgment of the department, the well can be safely drilled |
11 | without unduly interfering with or endangering the mine as |
12 | defined in subsection (b). The new location agreed upon by the |
13 | parties or determined by the department shall be indicated on |
14 | the plat on file with the department and become a permanent |
15 | record upon which the department shall proceed to issue or deny |
16 | the permit. |
17 | (d) Survey.--Within 120 days after commencement of drilling |
18 | operations, the coal operator shall accurately locate the well |
19 | by a closed survey on the same datum as the mine workings or |
20 | coal boundaries are mapped, file the results of the survey with |
21 | the department and forward a copy by certified mail to the well |
22 | operator. |
23 | § 3213. Well registration and identification. |
24 | (a) General rule.--On or before July 5, 1996, each person |
25 | who owned or operated a well in existence prior to April 18, |
26 | 1985, which has not been registered with the department and for |
27 | which no drilling permit has been issued by the department, |
28 | shall register the well with the department. A well owner or |
29 | operator who registers under this subsection and a well owner or |
30 | operator who has previously registered a well under this chapter |
|
1 | shall, on or before July 5, 1996, identify any abandoned well on |
2 | property which the well owner or operator owns or leases and |
3 | request approval from the department for classification of the |
4 | well as an orphan well. Information regarding wells to be |
5 | registered or identified shall be provided on a form, or in a |
6 | manner, prescribed by the department and shall include: |
7 | (1) The name and address of the well operator and, if |
8 | the well operator is a corporation, partnership or person |
9 | nonresident of this Commonwealth, the name and address of an |
10 | agent for the operator upon whom notices, orders, process or |
11 | other communications issued under this chapter may be served. |
12 | (2) The well name and the location of the well indicated |
13 | by a point on a 7 1/2 minute United States Geological Survey |
14 | topographic map or any other location description sufficient |
15 | to enable the department to locate the well on the ground. |
16 | (3) The approximate date of drilling and completing the |
17 | well, its approximate depth and producing horizons, well |
18 | construction information and, if available, driller's logs. |
19 | (4) An indemnity bond, an alternative fee in lieu of |
20 | bonding or other evidence of financial security submitted by |
21 | the well operator and deemed appropriate by the department |
22 | and satisfying the requirements of section 3225 (relating to |
23 | bonding). No bond, alternative fee or other evidence of |
24 | financial security shall be required for identification of an |
25 | orphan well. For wells drilled prior to January 30, 1956, |
26 | which have not been bonded, the well operator shall have five |
27 | years to comply with the provisions of this paragraph. |
28 | (5) A registration fee of $15 per well or blanket |
29 | registration fee of $250 for multiple well registration |
30 | applications submitted simultaneously. The registration fee |
|
1 | shall be waived until July 5, 1996, and no fee shall be |
2 | charged for identification of an orphan well. |
3 | (a.1) Orphan wells.--After July 5, 1996, a well owner, well |
4 | operator or other person discovering an abandoned well on |
5 | property purchased or leased by the well owner, well operator or |
6 | other person shall identify it to the department within 60 days |
7 | of discovery and advise the department that he is seeking |
8 | classification of the well as an orphan well. No fee shall be |
9 | required for identification. |
10 | (b) Extension.--The department may extend the one-year time |
11 | period under subsection (a) for good cause shown. The extension |
12 | may not exceed a period ending two years from April 18, 1985. |
13 | The department may adopt and promulgate guidelines designed to |
14 | ensure a fair implementation of this section, recognizing the |
15 | practical difficulties of locating unpermitted wells and |
16 | complying with the reporting requirements of this chapter. |
17 | (c) Installation of registration number.--The well operator |
18 | shall install the registration number issued by the department |
19 | in a legible, conspicuous and permanent manner on the well |
20 | within 60 days of issuance. |
21 | (d) Definition.--For purposes of subsection (a)(4) and (5), |
22 | the term "owner" does not include an owner or possessor of |
23 | surface real property, on which an abandoned well is located, |
24 | who did not participate or incur costs in, and had no right of |
25 | control over, the drilling or extraction operation of the |
26 | abandoned well. |
27 | § 3214. Inactive status. |
28 | (a) General rule.--Upon application, the department shall |
29 | grant inactive status for a period of five years for a permitted |
30 | or registered well, if the following requirements are met: |
|
1 | (1) the condition of the well is sufficient to prevent |
2 | damage to the producing zone or contamination of fresh water |
3 | or other natural resources or surface leakage of any |
4 | substance; |
5 | (2) the condition of the well is sufficient to stop the |
6 | vertical flow of fluids or gas within the well bore and is |
7 | adequate to protect freshwater aquifers, unless the |
8 | department determines the well poses a threat to the health |
9 | and safety of persons or property or to the environment; |
10 | (3) the operator anticipates construction of a pipeline |
11 | or future use of the well for primary or enhanced recovery, |
12 | gas storage, approved disposal or other appropriate uses |
13 | related to oil and gas well production; and |
14 | (4) the applicant satisfies the bonding requirements of |
15 | sections 3213 (relating to well registration and |
16 | identification) and 3225 (relating to bonding), except that |
17 | the department may require additional financial security for |
18 | a well on which an alternative fee is being paid in lieu of |
19 | bonding under section 3225(d). |
20 | (b) Monitoring.--The owner or operator of a well granted |
21 | inactive status shall be responsible for monitoring the |
22 | mechanical integrity of the well to ensure that the requirements |
23 | of subsection (a)(1) and (2) are met and shall report the same |
24 | on an annual basis to the department in the manner and form |
25 | prescribed by departmental regulations. |
26 | (c) (Reserved). |
27 | (d) Return to active status.--A well granted inactive status |
28 | under subsection (a) shall be plugged in accordance with section |
29 | 3220 (relating to plugging requirements) or returned to active |
30 | status within five years of the date inactive status was |
|
1 | granted, unless the owner or operator applies for an extension |
2 | of inactive status which may be granted on a year-to-year basis |
3 | if the department determines that the owner or operator has |
4 | demonstrated ability to continue meeting the requirements of |
5 | this section and the owner or operator certifies that the well |
6 | will be of future use within a reasonable period of time. An |
7 | owner or operator who has been granted inactive status for a |
8 | well which is returned to active status prior to expiration of |
9 | the five-year period set forth in subsection (a) shall notify |
10 | the department that the well has been returned to active status |
11 | and shall not be permitted to apply for another automatic five- |
12 | year period of inactive status for the well. The owner or |
13 | operator may make application to return the well to inactive |
14 | status, and the application may be approved on a year-to-year |
15 | basis if the department determines that the owner or operator |
16 | has demonstrated an ability to continue meeting the requirements |
17 | of this section and the owner or operator certifies that the |
18 | well will be of future use within a reasonable period of time. |
19 | The department shall approve or deny an application to extend a |
20 | period of inactive status or to return a well to inactive status |
21 | within 60 days of receipt of the application, and the |
22 | application shall not be unreasonably denied. If the department |
23 | has not completed its review of the application within 60 days, |
24 | the inactive status shall continue until the department has made |
25 | a determination on the request. If the department denies an |
26 | application to extend the period of inactive status or to return |
27 | a well to inactive status, a well owner or operator aggrieved by |
28 | the denial shall have the right to appeal the denial to the |
29 | Environmental Hearing Board within 30 days of receipt of the |
30 | denial. Upon cause shown by a well owner or operator, the board |
|
1 | may grant a supersedeas under section 4 of the act of July 13, |
2 | 1988 (P.L.530, No.94), known as the Environmental Hearing Board |
3 | Act, so that the well in question may retain inactive status |
4 | during the period of the appeal. |
5 | (e) Revocation of inactive status.--The department may |
6 | revoke inactive status and order immediate plugging of a well if |
7 | the well is in violation of this chapter or rules or regulations |
8 | promulgated under this chapter or if the owner or operator |
9 | demonstrates inability to perform obligations under this chapter |
10 | or becomes financially insolvent, or upon receipt by the |
11 | department of notice of bankruptcy proceedings by the permittee. |
12 | § 3215. Well location restrictions. |
13 | (a) General rule.--Wells may not be drilled within 200 feet, |
14 | or in the case of an unconventional well within 500 feet, |
15 | measured horizontally from any existing building or existing |
16 | water well without written consent of the owner of the building |
17 | or water well. If the distance restriction would deprive the |
18 | owner of the oil and gas rights of the right to produce or share |
19 | in the oil or gas underlying the surface tract, the well |
20 | operator may be granted a variance from the distance restriction |
21 | upon submission of a plan identifying the additional measures, |
22 | facilities or practices to be employed during well site |
23 | construction, drilling and operations. The variance, if granted, |
24 | shall include additional terms and conditions required by the |
25 | department to ensure safety and protection of affected persons |
26 | and property, including insurance, bonding, indemnification and |
27 | technical requirements. |
28 | (b) Limitation.--No well site may be prepared or well |
29 | drilled within 100 feet, or in the case of an unconventional |
30 | well within 300 feet from the vertical well bore or 100 feet | <-- |
|
1 | from the edge of the well pad, whichever is greater, measured |
2 | horizontally from any stream, spring or body of water as |
3 | identified on the most current 7 1/2 minute topographic |
4 | quadrangle map of the United States Geological Survey or within |
5 | 100 feet of any wetlands greater than one acre in size. No |
6 | unconventional well may be located within 1,000 feet from the | <-- |
7 | vertical well bore from a public water supply source as defined |
8 | in the Safe Drinking Water Act (Public Law 93-523, 21 U.S.C. § |
9 | 349 and 42 U.S.C. §§ 201 and 300f et seq.). The department may |
10 | waive the distance restrictions upon submission of a plan |
11 | identifying additional measures, facilities or practices to be |
12 | employed during well site construction, drilling and operations. |
13 | The waiver, if granted, shall impose permit conditions necessary |
14 | to protect the waters of the Commonwealth. |
15 | (c) Impact.--On making a determination on a well permit When | <-- |
16 | reviewing a well permit application, the department shall |
17 | consider and may deny or condition a well permit based on the |
18 | impact of the proposed well on public resources, including, but |
19 | not limited to: |
20 | (1) Publicly owned parks, forests, game lands and |
21 | wildlife areas. |
22 | (2) National or State scenic rivers. |
23 | (3) National natural landmarks. |
24 | (4) Habitats of rare and endangered flora and fauna and |
25 | other critical communities. |
26 | (5) Historical and archaeological sites listed on the |
27 | Federal or State list of historic places. |
28 | (6) Sources used for public drinking water supplies in | <-- |
29 | accordance with subsection (b). |
30 | (7) Whether the proposed well location is within a |
|
1 | floodplain. |
2 | (d) Additional protective measures.--The department may |
3 | establish additional protective measures for storage of |
4 | hazardous chemicals and materials intended to be used, or that |
5 | have been used, on an unconventional well drilling site within |
6 | 750 feet of a stream, spring or body of water identified on the |
7 | most current 7 1/2 minute topographic quadrangle map of the |
8 | United States Geological Survey. |
9 | (e) Applicability.--The following shall apply: | <-- |
10 | (1) This section shall not apply to a well proposed to |
11 | be drilled on on existing well site for which at least one |
12 | well permit has been issued prior to the effective date of |
13 | this section. |
14 | (2) Nothing in this section shall alter or abridge the |
15 | terms of any contracts, mortgages or other agreements entered |
16 | into prior to to the effective date of this section. |
17 | § 3216. Well site restoration. |
18 | (a) General rule.--Each oil or gas well owner or operator |
19 | shall restore the land surface within the area disturbed in |
20 | siting, drilling, completing and producing the well. |
21 | (b) Plan.--During and after earthmoving or soil disturbing |
22 | activities, including, but not limited to, activities related to |
23 | siting, drilling, completing, producing and plugging the well, |
24 | erosion and sedimentation control measures shall be implemented |
25 | in accordance with an erosion and sedimentation control plan |
26 | prepared in accordance with the act of June 22, 1937 (P.L.1987, |
27 | No.394), known as The Clean Streams Law. |
28 | (c) Pits, drilling supplies and equipment.--Within nine |
29 | months after completion of drilling of a well, the owner or |
30 | operator shall restore the well site, remove or fill all pits |
|
1 | used to contain produced fluids or industrial wastes and remove |
2 | all drilling supplies and equipment not needed for production. |
3 | Drilling supplies and equipment not needed for production may be |
4 | stored on the well site if express written consent of the |
5 | surface landowner is obtained. |
6 | (d) Items related to production or storage.--Within nine |
7 | months after plugging a well, the owner or operator shall remove |
8 | all production or storage facilities, supplies and equipment and |
9 | restore the well site. |
10 | (e) Clean Streams Law.--Restoration activities required by |
11 | this chapter or in regulations promulgated under this chapter |
12 | shall also comply with all applicable provisions of The Clean |
13 | Streams Law. |
14 | (f) Violation of chapter.--Failure to restore the well site |
15 | as required in this chapter or regulations promulgated under |
16 | this chapter constitutes a violation of this chapter. |
17 | (g) Extension.--The restoration period may be extended by |
18 | the department for an additional six months upon application of |
19 | the well owner or operator upon evidence of inability to comply |
20 | due to adverse weather conditions or lack of essential fuel, |
21 | equipment or labor. |
22 | § 3217. Protection of fresh groundwater and casing |
23 | requirements. |
24 | (a) General rule.--To aid in protection of fresh |
25 | groundwater, well operators shall control and dispose of brines |
26 | produced from the drilling, alteration or operation of an oil or |
27 | gas well in a manner consistent with the act of June 22, 1937 |
28 | (P.L.1987, No.394), known as The Clean Streams Law, or any rule |
29 | or regulation promulgated under The Clean Streams Law. |
30 | (b) Casing.--To prevent migration of gas or fluids into |
|
1 | sources of fresh groundwater and pollution or diminution of |
2 | fresh groundwater, a string or strings of casing shall be run |
3 | and permanently cemented in each well drilled through the fresh |
4 | water-bearing strata to a depth and in a manner prescribed by |
5 | regulation by the department. |
6 | (c) Procedure when coal has been removed.--If a well is |
7 | drilled at a location where coal has been removed from one or |
8 | more coal seams, the well shall be drilled and cased to prevent |
9 | migration of gas or fluids into the seam from which coal has |
10 | been removed, in a manner prescribed by regulation of the |
11 | department. The department and the coal operator, owner or |
12 | lessee shall be given at least 72 hours' notice prior to |
13 | commencement of work protecting the mine. |
14 | (d) Procedure when coal has not been removed.--If a well is |
15 | drilled at a location where the coal seam has not been removed, |
16 | the well shall be drilled to a depth and of a size sufficient to |
17 | permit placement of casing, packers in and vents on the hole at |
18 | the points and in the manner prescribed by regulation to exclude |
19 | gas or fluids from the coal seam, except gas or fluids found |
20 | naturally in the seam itself, and to enable monitoring the |
21 | integrity of the production casing. |
22 | § 3218. Protection of water supplies. |
23 | (a) General rule.--In addition to the requirements of |
24 | subsection (c.1), a well operator who affects a public or |
25 | private water supply by pollution or diminution shall restore or |
26 | replace the affected supply with an alternate source of water |
27 | adequate in quantity or and quality for the purposes served by | <-- |
28 | the supply. The department shall ensure the restored or replaced |
29 | water supply meets the applicable water quality standards |
30 | consistent with the Safe Drinking Water Act (Public Law 93-523, |
|
1 | 21 U.S.C. § 349 and 42 U.S.C. §§ 201 and 300f et seq.), the act |
2 | of May 1, 1984 (P.L.206, No.43), known as the Pennsylvania Safe |
3 | Drinking Water Act, and or predrilling or alteration water | <-- |
4 | quantity standards as determined by the department. The |
5 | Environmental Quality Board shall promulgate regulations |
6 | necessary to meet the requirements of this subsection. |
7 | (b) Pollution or diminution of water supply.--A landowner or |
8 | water purveyor suffering pollution or diminution of a water |
9 | supply as a result of the drilling, alteration or operation of |
10 | an oil or gas well may so notify the department and request that |
11 | an investigation be conducted. Within ten days of notification, |
12 | the department shall investigate the claim and make a |
13 | determination within 45 days following notification. If the |
14 | department finds that the pollution or diminution was caused by |
15 | drilling, alteration or operation activities or if it presumes |
16 | the well operator responsible for pollution under subsection |
17 | (c), the department shall issue orders to the well operator |
18 | necessary to assure compliance with subsection (a), including |
19 | orders requiring temporary replacement of a water supply where |
20 | it is determined that pollution or diminution may be of limited |
21 | duration. |
22 | (b.1) Toll-free telephone number.--The department shall |
23 | establish a single Statewide toll-free telephone number that |
24 | persons may use to report cases of water contamination. The |
25 | Statewide toll-free telephone number shall be provided in a |
26 | conspicuous manner in the notification required under section |
27 | 3211(b.1) (relating to well permits) and, shall be posted in a | <-- |
28 | conspicuous place at the drilling site and shall be posted on |
29 | the department's Internet website. |
30 | (b.2) Responses to calls.--The department shall develop |
|
1 | appropriate administrative responses to calls received on the |
2 | Statewide toll-free telephone number for water contamination. |
3 | (c) Presumption.--Unless rebutted by a defense established |
4 | in subsection (d), it shall be presumed that a well operator is |
5 | responsible for pollution of a water supply that is within 1,000 |
6 | feet, or in the case of an unconventional well within 3,000 feet |
7 | from the vertical well bore, of an oil or gas well, if pollution | <-- |
8 | occurred within 12 six months, or in the case of an | <-- |
9 | unconventional well within 12 months, after stimulation or | <-- |
10 | alteration of the unconventional well. | <-- |
11 | (c.1) Requirement.--If the affected water supply is within |
12 | the rebuttable presumption area as provided in subsection (c) |
13 | and the rebuttable presumption applies and the water user is | <-- |
14 | without a readily available alternative source of water, the |
15 | operator shall provide a temporary water supply if the water | <-- |
16 | user is without a readily available alternative source of water. |
17 | The temporary water supply provided under this subsection shall |
18 | be adequate in quantity and quality for the purposes served by |
19 | the supply. |
20 | (d) Defenses.--To rebut the presumption established under |
21 | subsection (c), a well operator must affirmatively prove any of |
22 | the following: |
23 | (1) The pollution existed prior to the drilling, |
24 | stimulation or alteration activities as determined by a |
25 | predrilling or prealteration survey. |
26 | (2) The landowner or water purveyor refused to allow the |
27 | operator access to conduct a predrilling or prealteration |
28 | survey. |
29 | (3) The water supply is not within 1,000 feet, or in the |
30 | case of an unconventional well within 3,000 feet, of the well | <-- |
|
1 | vertical well bore. | <-- |
2 | (4) The pollution occurred more than 12 months more than | <-- |
3 | six months, or in the case of an unconventional well more |
4 | than 12 months after drilling, stimulation or alteration |
5 | activities. |
6 | (5) The pollution occurred as the result of a cause |
7 | other than the drilling, stimulation or alteration activity. |
8 | (e) Independent certified laboratory.--An operator electing |
9 | to preserve a defense under subsection (d)(1) or (2) shall |
10 | retain an independent certified laboratory to conduct a |
11 | predrilling or prealteration survey of the water supply. A copy |
12 | of survey results shall be submitted to the department and the |
13 | landowner or water purveyor in the manner prescribed by the |
14 | department. |
15 | (f) Other remedies preserved.--Nothing in this section shall |
16 | prevent a landowner or water purveyor claiming pollution or |
17 | diminution of a water supply from seeking any other remedy at |
18 | law or in equity. |
19 | (g) Facility operation qualifications.--The department shall |
20 | ensure that a facility which seeks a National Pollutant |
21 | Discharge Elimination System permit for the purposes of treating |
22 | and discharging wastewater originating from oil and gas |
23 | activities into waters of this Commonwealth is operated by a |
24 | competent and qualified individual. |
25 | § 3218.1. Containment for unconventional wells. |
26 | (a) Sites.--Unconventional well pad sites shall be designed |
27 | and constructed to prevent spills to the ground surface or |
28 | spills off the well pad area. Containment practices shall meet |
29 | all of the following: |
30 | (1) Be instituted on the pad during both drilling and |
|
1 | hydraulic fracturing operations. |
2 | (2) Be sufficiently impervious and able to contain |
3 | spilled material or waste until it can be removed or treated. |
4 | (3) Be compatible with the waste material or waste |
5 | stored or used within the containment. |
6 | (b) Plan.--The applicant shall submit a plan to the |
7 | department describing the containment practices to be utilized |
8 | and the area of the well pad where containment systems will be |
9 | employed. The plan shall include a description of the equipment |
10 | to be kept onsite during drilling and hydraulic fracturing |
11 | operations to prevent a spill from leaving the well pad. |
12 | (c) Materials stored.--Containment systems shall be used |
13 | wherever any of the following are stored: |
14 | (1) Drilling mud. |
15 | (2) Hydraulic oil. |
16 | (3) Diesel fuel. |
17 | (4) Drilling mud additives. |
18 | (5) Hydraulic fracturing additives. |
19 | (6) Hydraulic fracturing flowback. |
20 | (d) Capacity.--Areas where any additives, chemicals, oils or |
21 | fuels are to be stored must have sufficient containment capacity |
22 | to hold the volume of the largest container stored in the area |
23 | plus 10% to allow for precipitation, unless the container is |
24 | equipped with individual secondary containment. |
25 | § 3218.2. Transportation records regarding wastewater fluids. |
26 | (a) Requirements.--A well operator that transports |
27 | wastewater fluids shall do all of the following: |
28 | (1) Maintain records for five years, in accordance with |
29 | regulations under subsection (b) and on a form approved by |
30 | the department, of the amount and destination of the fluids |
|
1 | transported. |
2 | (2) Make the records available to the department upon |
3 | request. |
4 | (b) Recordkeeping.--Recordkeeping requirements shall be |
5 | determined by the department and shall include the following: |
6 | (1) The number of gallons of wastewater fluids produced |
7 | in the drilling, stimulation or alteration of a well. |
8 | (2) Upon completion of the well, the name of the person |
9 | or company that transported the wastewater fluids to a |
10 | disposal site or to a location other than the well site. |
11 | (3) Each location where wastewater fluids were disposed |
12 | of or transported and the volumes that were disposed of at |
13 | the location. |
14 | (4) The method of disposal. |
15 | § 3218.3. Emergency response information. |
16 | The Pennsylvania Emergency Management Agency and the |
17 | department shall adopt emergency regulations directing require | <-- |
18 | the operators of all unconventional wells to do all of the |
19 | following: |
20 | (1) Adopt a unique GPS coordinate address for each |
21 | unconventional well at both the access road entrance and well |
22 | pad site. |
23 | (2) Register that address with the agency, the |
24 | department and the county emergency management organization |
25 | within the county where the unconventional well is located. |
26 | (3) Require the development of an emergency response |
27 | plan and file that plan with the agency, the department and |
28 | the county emergency management organization with |
29 | jurisdiction over the unconventional well. The county shall |
30 | disseminate the GPS address and emergency response plan to |
|
1 | the local emergency management organization in which the |
2 | unconventional well is located. |
3 | (4) Post a reflective sign at the entrance to each well |
4 | site with the specific address of that site, the coordinates |
5 | for the site, the emergency contact number for the operator |
6 | and any other information as the agency or the department |
7 | deems necessary. |
8 | § 3218.4. Notification to public drinking water systems. | <-- |
9 | Upon receiving notification of spill the department shall, |
10 | after investigating the incident, notify any public drinking |
11 | water facility that could be affected by the event that the |
12 | event occurred. The notification shall contain a brief |
13 | description of the event and any expected impact on water |
14 | quality. |
15 | § 3218.5. Corrosion control requirements. |
16 | The following shall apply to corrosion control requirements: |
17 | (1) All buried metallic structures associated with gas |
18 | wells including pipelines, well casings and underground tanks |
19 | must have corrosion protection measures designed to protect |
20 | the pipeline installed and placed in operation in accordance |
21 | with regulations promulgated by the Environmental Quality |
22 | Board. |
23 | (2) Permanent aboveground and underground tanks must |
24 | comply with the applicable corrosion control requirements in |
25 | the department's regulations. |
26 | (3) The corrosion control procedures under paragraphs |
27 | (1) and (2) must be carried out by or under the direction of |
28 | a person qualified in corrosion methods. |
29 | (4) An operator of a new, replaced, relocated or |
30 | otherwise changed line must be in compliance with the |
|
1 | applicable requirements of this section by the date the line |
2 | goes into service. |
3 | § 3218.6. Gathering lines. |
4 | (a) Requirement.--Owners and operators of gathering lines |
5 | shall comply with section 2(5)(i.1) of the act of December 10, |
6 | 1974 (P.L.852, No.287), referred to as the Underground Utility |
7 | Line Protection Law. |
8 | (b) Definition.--As used in this section, the term |
9 | "gathering lines" means a pipeline used to transport natural gas |
10 | from a production facility to a transmission line or main. |
11 | § 3219. Use of safety devices. |
12 | Any person engaged in drilling an oil or gas well shall equip |
13 | it with casings of sufficient strength, and other safety devices |
14 | as are necessary, in the manner prescribed by regulation of the |
15 | department, and shall use every effort and endeavor effectively |
16 | to prevent blowouts, explosions and fires. |
17 | § 3220. Plugging requirements. |
18 | (a) General rule.--Upon abandoning a well, the owner or |
19 | operator shall plug it in the manner prescribed by regulation of |
20 | the department to stop vertical flow of fluids or gas within the |
21 | well bore, unless the department has granted inactive status for |
22 | the well or it has been approved by the department as an orphan |
23 | well. If the department determines that a prior owner or |
24 | operator received economic benefit, other than economic benefit |
25 | derived only as a landowner or from a royalty interest, after |
26 | April 18, 1979, from an orphan well or an unregistered well, the |
27 | owner or operator shall be responsible for plugging the well. In |
28 | the case of a gas well penetrating a workable coal seam which |
29 | was drilled prior to January 30, 1956, or which was permitted |
30 | after that date but not plugged in accordance with this chapter, |
|
1 | if the owner or operator or a coal operator or an agent proposes |
2 | to plug the well to allow mining through of it, the gas well |
3 | shall be cleaned to a depth of at least 200 feet below the coal |
4 | seam through which mining is proposed and, unless impracticable, |
5 | to a point 200 feet below the deepest mineable coal seam. The |
6 | gas well shall be plugged from that depth in accordance with |
7 | section 13 of the act of December 18, 1984 (P.L.1069, No.214), |
8 | known as the Coal and Gas Resource Coordination Act, and the |
9 | regulations of the department. |
10 | (b) Areas underlain by coal.--Prior to the plugging and |
11 | abandonment of a well in an area underlain by a workable coal |
12 | seam, the well operator or owner shall notify the department and |
13 | the coal operator, lessee or owner and submit a plat, on a form |
14 | to be furnished by the department, showing the location of the |
15 | well and fixing the date and time plugging will commence, which |
16 | shall be not less than three working days, nor more than 30 |
17 | days, after the notice is received, to permit representatives of |
18 | the persons notified to be present at the plugging. Notice and |
19 | the right to be present may be waived by the department and the |
20 | coal operator, lessee or owner, but waiver by coal operator, |
21 | lessee or owner shall be in writing and a copy shall be attached |
22 | to the notice of abandonment filed with the department under |
23 | this section. Whether or not representatives attend, if the well |
24 | operator has fully complied with this section, the well operator |
25 | may proceed, at the time fixed, to plug the well in the manner |
26 | prescribed by regulation of the department. When plugging has |
27 | been completed, a certificate shall be prepared and signed, on a |
28 | form to be furnished by the department, by two experienced and |
29 | qualified people who participated in the work setting forth the |
30 | time and manner in which the well was plugged. One copy of the |
|
1 | certificate shall be mailed to each coal operator, lessee or |
2 | owner to whom notice was given by certified mail and another |
3 | shall be mailed to the department. |
4 | (c) Abandoned wells.--Prior to abandonment of a well, except |
5 | an uncompleted bore hole plugged immediately upon suspension of |
6 | drilling in an area not underlain by a workable coal seam, the |
7 | well operator shall notify the department of the intention to |
8 | plug and abandon the well and submit a plat, on a form to be |
9 | furnished by the department, showing the location of the well |
10 | and fixing the date and time at which plugging will commence, |
11 | which shall be not less than three working days, nor more than |
12 | 30 days, after the notice is received, to permit a department |
13 | representative to be present at the plugging. The notice or |
14 | waiting period may be verbally waived by the department. In |
15 | noncoal areas where more than one well has been drilled as part |
16 | of the same development project and the wells are now to be |
17 | plugged, the department shall be given three working days' |
18 | notice prior to plugging the first well of the project, subject |
19 | to waiver of notice described in subsection (b). In the plugging |
20 | of subsequent wells, no additional notice shall be required if |
21 | plugging on the project is continuous. If plugging of subsequent |
22 | wells is delayed for any reason, notice shall be given to the |
23 | department of continuation of the project. Whether or not a |
24 | representative attends, if the well operator has fully complied |
25 | with this section, the well operator may proceed, at the time |
26 | fixed, to plug the well in the manner prescribed by regulation |
27 | of the department. When plugging has been completed, a |
28 | certificate shall be prepared, on a form to be furnished by the |
29 | department, by two experienced and qualified people who |
30 | participated in the work setting forth the time and manner in |
|
1 | which the well was plugged. A copy of the certificate shall be |
2 | mailed to the department. |
3 | (d) Wells abandoned upon completion of drilling.--If a well |
4 | is to be abandoned immediately after completion of drilling, the |
5 | well operator shall give at least 24 hours' notice by telephone, |
6 | confirmed by certified mail, to the department and to the coal |
7 | operator, lessee or owner, if any, fixing the date and time when |
8 | plugging will commence. Notice and the right to be present may |
9 | be waived by the department and the coal operator, lessee or |
10 | owner, if any. Whether or not representatives of the department |
11 | or coal operator, lessee or owner, if any, attend, if the well |
12 | operator has fully complied with the requirements of this |
13 | section, the well operator may proceed, at the time fixed, to |
14 | plug the well in the manner provided by regulation of the |
15 | department. The well operator shall prepare the certificate of |
16 | plugging and mail copies of the same as provided in subsection |
17 | (b). |
18 | (e) Orphan wells.--If a well is an orphan well or abandoned |
19 | without plugging, or if a well is in operation but not |
20 | registered under section 3213 (relating to well registration and |
21 | identification), the department may enter upon the well site and |
22 | plug the well and to sell equipment, casing and pipe at the site | <-- |
23 | which may have been used in production of the well in order to |
24 | recover the costs of plugging. The department shall make an |
25 | effort to determine ownership of a well which is in operation |
26 | but has not been registered and provide written notice to the |
27 | owner of pending action under this subsection. If the department |
28 | cannot determine ownership within 30 days, it may proceed under |
29 | this subsection. Costs of plugging shall have priority over all |
30 | liens on equipment, casing and pipe, and the sale shall be free |
|
1 | and clear of those liens to the extent that the cost of plugging |
2 | exceeds the sale price. If the amount obtained for casing and |
3 | pipe salvaged at the site is inadequate to pay for plugging, the |
4 | owner or operator of the abandoned or unregistered well shall be |
5 | liable for the additional costs. |
6 | (f) Definition.--For purposes of this section, the term |
7 | "owner" does not include the owner or possessor of surface real |
8 | property, on which an abandoned well is located, who did not |
9 | participate or incur costs in and had no right of control over |
10 | the drilling or extraction operation of the abandoned well. |
11 | § 3221. Alternative methods. |
12 | A well operator may request permission to use a method or |
13 | material other than those required by this chapter for casing, |
14 | plugging or equipping a well in an application to the department |
15 | which describes the proposed alternative in reasonable detail |
16 | and indicates the manner in which it will accomplish the goals |
17 | of this chapter. Notice of filing of the application shall be |
18 | given by the well operator by certified mail to any affected |
19 | coal operators, who may, within 15 days after the notice, file |
20 | objections to the proposed alternative method or material. If no |
21 | timely objections are filed or raised by the department, the |
22 | department shall determine whether to allow use of the proposed |
23 | alternative method or material. |
24 | § 3222. Well reporting requirements. |
25 | (a) General rule.--Except as provided in subsection (a.1), |
26 | each well operator shall file with the department, on a form |
27 | provided by the department, an annual report specifying the |
28 | amount of production, on the most well-specific basis available, |
29 | along with the status of each well, except that in subsequent |
30 | years only changes in status must be reported. The Commonwealth |
|
1 | may utilize reported information in enforcement proceedings, in |
2 | making designations or determinations under section 1927-A of |
3 | the act of April 9, 1929 (P.L.177, No.175), known as The |
4 | Administrative Code of 1929, or in aggregate form for |
5 | statistical purposes. |
6 | (a.1) Unconventional wells.--Each operator of a well which |
7 | produces gas from an unconventional well shall file with the |
8 | department, on a form provided by the department, a semiannual |
9 | report specifying the amount of production on the most well- |
10 | specific basis available. The initial report under this |
11 | subsection shall be filed on or before August 15, 2010, and |
12 | shall include production data from the preceding calendar year |
13 | and specify the status of each well. In subsequent reports, only |
14 | changes in status must be reported. Subsequent semiannual |
15 | reports shall be filed with the department on or before February |
16 | 15 and August 15 of each year and shall include production data |
17 | from the preceding reporting period. The Commonwealth may |
18 | utilize reported information in enforcement proceedings, in |
19 | making designations or determinations under section 1927-A of |
20 | The Administrative Code of 1929 or in aggregate form for |
21 | statistical purposes. Beginning November 1, 2010, the department |
22 | shall make the reports available on its publicly accessible |
23 | Internet website. Costs incurred by the department to comply |
24 | with the requirements of this subsection shall be paid out of |
25 | the fees collected under section 3211(d) (relating to well |
26 | permits). |
27 | (b) Collection of data.--Well operators shall maintain a |
28 | record of each well drilled or altered. A record containing the |
29 | information required by the department, including the |
30 | information required under subsection (b.1), shall be filed |
|
1 | within 30 days after stimulation of the well. A completion |
2 | report containing any additional required information shall be |
3 | filed within 30 days after the stimulation of the well and shall |
4 | be kept on file by the department. Upon request of the |
5 | department, the well operator shall, within 90 days of |
6 | completion or recompletion of drilling, submit a copy of any |
7 | electrical, radioactive or other standard industry logs which |
8 | have been run and, upon request by the department within one |
9 | year, a copy of drill stem test charts, formation water |
10 | analysis, porosity, permeability or fluid saturation |
11 | measurements, core analysis and lithologic log or sample |
12 | description or other similar data as compiled. No information |
13 | shall be required unless the well operator had it compiled in |
14 | the ordinary course of business, and interpretation of data is |
15 | not required to be filed. |
16 | (b.1) Report contents.--The completion report shall contain |
17 | the operator's stimulation record which shall include the |
18 | following: |
19 | (1) A descriptive list of the chemical additives in the |
20 | stimulation fluids, including any acid, biocide, breaker, |
21 | brine, corrosion inhibitor, crosslinker, demulsifier, |
22 | friction reducer, get, iron control, oxygen scavenger, pH |
23 | adjusting agent, proppant, scale inhibitor and surfactant. |
24 | (2) The percent by volume of each chemical additive in |
25 | the stimulation fluid. |
26 | (3) A list of the chemicals in the material safety data |
27 | sheets, by name and chemical abstract service number, |
28 | corresponding to the appropriate chemical additive. |
29 | (4) The percent by volume of each chemical list in the |
30 | material safety data sheets. |
|
1 | (5) The total volume of the base fluid. |
2 | (6) A list of water sources used under the approved |
3 | water management plan and the volume of water used. |
4 | (7) The pump rates and pressure used in the well. |
5 | (8) The total volume of recycled water used. |
6 | (b.2) Trade secret or confidential proprietary |
7 | information.--When an operator submits its stimulation record |
8 | under subsection (b.1), it may designate specific portions of |
9 | the stimulation record as containing a trade secret or |
10 | confidential proprietary information. The department shall |
11 | prevent disclosure of the designated confidential information to |
12 | the extent permitted by the act of February 14, 2008 (P.L.6, |
13 | No.3), known as the Right-to-Know Law, or other Federal or State |
14 | law. |
15 | (b.3) List of the chemical constituents.--In addition to |
16 | submitting a stimulation record to the department under |
17 | subsection (b.1) and subject to the protections afforded for |
18 | trade secrets and confidential proprietary information under the |
19 | Right-to-Know Law, the operator shall arrange to provide a list | <-- |
20 | of the chemical constituents of the chemical additives used to |
21 | hydraulically fracture a well, by name and chemical abstract |
22 | service number, unless the additive does not have a number, to |
23 | the department upon written request of the department. |
24 | (c) Drill cuttings and core samples.--Upon notification by |
25 | the department prior to commencement of drilling, the well |
26 | operator shall collect any additional data specified by the |
27 | department, including representative drill cuttings and samples |
28 | from cores taken and any other geological information that the |
29 | operator reasonably can compile. Interpretation of the data is |
30 | not required to be filed. |
|
1 | (d) Retention of data.--Data required under subsection (b) |
2 | and drill cuttings required under subsection (c) shall be |
3 | retained by the well operator and filed with the department no |
4 | more than three years after completion of the well. Upon |
5 | request, the department shall extend the deadline up to five |
6 | years from the date of completion of the well. The department |
7 | shall be entitled to utilize information collected under this |
8 | subsection in enforcement proceedings, in making designations or |
9 | determinations under section 1927-A of The Administrative Code |
10 | of 1929 and in aggregate form for statistical purposes. |
11 | § 3223. Notification and effect of well transfer. |
12 | The owner or operator of a well shall notify the department |
13 | in writing within 30 days, in a form directed by regulation, of |
14 | sale, assignment, transfer, conveyance or exchange by or to the |
15 | owner of the well. A transfer shall not relieve the well owner |
16 | or operator of an obligation accrued under this chapter, nor |
17 | shall it relieve the owner or operator of an obligation to plug |
18 | the well until the requirements of section 3225 (relating to |
19 | bonding) have been met, at which time the transferring owner or |
20 | operator shall be relieved from all obligations under this |
21 | chapter, including the obligation to plug the well. |
22 | § 3224. Coal operator responsibilities. |
23 | (a) General rule.--At any time prior to removing coal or |
24 | other underground materials from, or extending the workings in, |
25 | a coal mine within 500 feet of an oil or gas well of which the |
26 | coal operator has knowledge, or within 500 feet of an approved |
27 | well location of which the coal operator has knowledge, the coal |
28 | operator, by certified mail, shall forward to or file with the |
29 | well operator and the department a copy of the relevant part of |
30 | all maps and plans which it is presently required by law to |
|
1 | prepare and file with the department, showing the pillar which |
2 | the coal operator proposes to leave in place around each oil or |
3 | gas well in the projected workings. Thereafter, the coal |
4 | operator may proceed with mining operations in the manner |
5 | projected on the maps and plans, but the operator may not remove |
6 | coal or cut a passageway within 150 feet of the well or approved |
7 | well location without written approval under this section. If, |
8 | in the opinion of the well operator or the department, the plan |
9 | indicates that the proposed pillar is inadequate to protect |
10 | either the integrity of the well or public health and safety, |
11 | the affected well operator shall attempt to reach an agreement |
12 | with the coal operator on a suitable pillar, subject to approval |
13 | of the department. Upon failure to agree, the well operator may, |
14 | within ten days after receipt of the proposed plan under this |
15 | section, file objections under section 3251 (relating to |
16 | conferences), indicating the size of the pillar to be left as to |
17 | each well. If objections are not timely filed and the department |
18 | has none, the department shall grant approval, reciting that |
19 | maps and plans have been filed, no objections have been made |
20 | thereto and the pillar proposed to be left for each well is |
21 | approved in the manner as projected. |
22 | (b) Objections.--If an objection is filed by the well |
23 | operator or raised by the department, the department shall order |
24 | that a conference be held under section 3251 within ten days of |
25 | the filing of objections. At the conference, the coal operator |
26 | and the person who has objected shall attempt to agree on a |
27 | proposed plan, showing the pillar to be left around each well, |
28 | which will satisfy the objections and receive department |
29 | approval. If an agreement is reached, the department shall grant |
30 | approval to the coal operator, reciting that a plan has been |
|
1 | filed and the pillar to be left for each well is approved |
2 | pursuant to the agreement. If an agreement is not reached on a |
3 | plan showing the pillar to be left with respect to a well, the |
4 | department, by appropriate order, shall determine the pillar to |
5 | be left with respect to the well. In a proceeding under this |
6 | section, the department shall follow as nearly as is possible |
7 | the original plan filed by the coal operator. The department |
8 | shall not require the coal operator to leave a pillar in excess |
9 | of 100 feet in radius, except that the department may require a |
10 | pillar of up to 150 feet in radius if the existence of unusual |
11 | conditions is established. Pillars determined by the department |
12 | shall be shown on maps or plans on file with the department as |
13 | provided in subsection (a) and the department shall approve the |
14 | pillar to be left for each well. |
15 | (c) Pillars of reduced size.--Application may be made at any |
16 | time to the department by the coal operator to leave a pillar of |
17 | a size smaller than shown on the plan approved or determined by |
18 | the department under this section. If an application is filed, |
19 | the department shall: |
20 | (1) follow the appropriate procedure under subsection |
21 | (a) or (b); |
22 | (2) by appropriate order, determine a plan involving a |
23 | pillar of a smaller size as to any well covered by the |
24 | application; and |
25 | (3) grant approval for the pillar to be left with |
26 | respect to each well. |
27 | (d) Violation.--No coal operator, without written approval |
28 | of the department after notice and opportunity for a hearing |
29 | under this section, shall remove coal or cut a passageway so as |
30 | to leave a pillar of smaller size, with respect to an oil or gas |
|
1 | well, than that approved by the department under this chapter. |
2 | (e) Limitation.--With regard to a coal pillar required by |
3 | law to be left around a well drilled prior to April 18, 1985, |
4 | nothing in this chapter shall be construed to: |
5 | (1) require a well operator to pay for the coal pillar; |
6 | (2) affect a right which a coal operator may have had |
7 | prior to April 18, 1985, to obtain payment for the coal |
8 | pillar; or |
9 | (3) affect a duty or right which a storage operator or |
10 | landowner may have had prior to April 18, 1985, to pay or not |
11 | pay for the coal pillar. |
12 | (f) Mining through plugged wells.--A coal operator who |
13 | intends to mine through a plugged oil or gas well or otherwise |
14 | completely remove any pillar from around that well shall file a |
15 | plan under subsection (a) which shall be subject to all of the |
16 | provisions of this section. No coal operator may mine through a |
17 | plugged oil or gas well of which he has knowledge until written |
18 | approval has been granted by the department in accordance with |
19 | this section. The Bureau of Deep Mine Safety in the department |
20 | shall have the authority to establish conditions under which the |
21 | department may approve a coal operator's plan to mine through a |
22 | plugged oil or gas well. |
23 | § 3225. Bonding. |
24 | (a) General rule.--The following shall apply: |
25 | (1) Except as provided in subsection (d), upon filing an |
26 | application for a well permit, and before continuing to |
27 | operate an oil or gas well, the owner or operator of the well |
28 | shall file with the department a bond covering the well and |
29 | well site on a form to be prescribed and furnished by the |
30 | department. A bond filed with an application for a well |
|
1 | permit shall be payable to the Commonwealth and conditioned |
2 | upon the operator's faithful performance of all drilling, |
3 | water supply replacement, restoration and plugging |
4 | requirements of this chapter. A bond for a well in existence |
5 | on April 18, 1985, shall be payable to the Commonwealth and |
6 | conditioned upon the operator's faithful performance of all |
7 | water supply replacement, restoration and plugging |
8 | requirements of this chapter. The amount of the bond required |
9 | shall be in the following amounts and shall be adjusted by |
10 | the Environmental Quality Board every three years to reflect |
11 | the projected costs to the Commonwealth of plugging the well: |
12 | (i) For a well which is less than 6,000 feet in |
13 | depth and which is permitted prior to the effective date |
14 | of this section, $2,500. The operator shall not be |
15 | required to provide a bond under this paragraph which |
16 | exceeds $25,000. The bond amount may be adjusted by the |
17 | Environmental Quality Board every two years to reflect |
18 | the projected costs to the Commonwealth of performing |
19 | well plugging. |
20 | (ii) For a well which is less than 6,000 feet in |
21 | bore length and which is permitted after the effective |
22 | date of this section, $3,500. The operator shall not be |
23 | required to provide a bond under this paragraph which |
24 | exceeds $40,000. |
25 | (iii) For wells with a total well bore length |
26 | greater than 6,000 feet: |
27 | (A) For operating up to 25 wells, $10,000 per |
28 | well, provided the operator may not be required to |
29 | provide a bond under this section exceeding $120,000 | <-- |
30 | $140,000. | <-- |
|
1 | (B) For operating 26 to 50 wells, $120,000 | <-- |
2 | $140,000 plus $10,000 per well for each well in | <-- |
3 | excess of 25 wells, provided the operator may not be |
4 | required to provide a bond under this section |
5 | exceeding $240,000 $290,000. | <-- |
6 | (C) For operating 51 to 150 wells, $240,000 | <-- |
7 | $290,000 plus $10,000 per well for each well in | <-- |
8 | excess of 50 wells, provided the operator may not be |
9 | required to provide a bond under this section |
10 | exceeding $360,000 $430,000. | <-- |
11 | (D) For operating more than 150 wells, $360,000 | <-- |
12 | $430,000 plus $10,000 per well for each well in | <-- |
13 | excess of 150 wells, provided the operator may not be |
14 | required to provide a bond under this section |
15 | exceeding $500,000 $600,000. | <-- |
16 | (2) In lieu of individual bonds for each well, an owner |
17 | or operator may file a blanket bond, for the appropriate |
18 | amount as indicated under paragraph (1), on a form prepared |
19 | by the department, covering all of its wells in this |
20 | Commonwealth, as enumerated on the bond form. |
21 | (3) Liability under the bond shall continue until the |
22 | well has been properly plugged in accordance with this |
23 | chapter and for a period of one year after filing of the |
24 | certificate of plugging with the department. Each bond shall |
25 | be executed by the operator and a corporate surety licensed |
26 | to do business in this Commonwealth and approved by the |
27 | secretary. In lieu of a corporate surety, the operator may |
28 | deposit with the department: |
29 | (i) cash; |
30 | (ii) certificates of deposit or automatically |
|
1 | renewable irrevocable letters of credit, from financial |
2 | institutions chartered or authorized to do business in |
3 | this Commonwealth and regulated and examined by the |
4 | Commonwealth or a Federal agency, which may be terminated |
5 | at the end of a term only upon 90 days' prior written |
6 | notice by the financial institution to the permittee and |
7 | the department; |
8 | (iii) negotiable bonds of the United States |
9 | Government or the Commonwealth, the Pennsylvania Turnpike |
10 | Commission, the State Public School Building Authority or |
11 | any municipality within the Commonwealth; or |
12 | (iv) United States Treasury Bonds issued at a |
13 | discount without a regular schedule of interest payments |
14 | to maturity, otherwise known as Zero Coupon Bonds, having |
15 | a maturity date of not more than ten years after the date |
16 | of purchase and at the maturity date having a value under |
17 | paragraph (1). The cash deposit, certificate of deposit, |
18 | amount of the irrevocable letter of credit or market |
19 | value of the securities shall be equal at least to the |
20 | sum of the bond. |
21 | (4) The secretary shall, upon receipt of a deposit of |
22 | cash, letters of credit or negotiable bonds, immediately |
23 | place the same with the State Treasurer, whose duty it shall |
24 | be to receive and hold the same in the name of the |
25 | Commonwealth, in trust, for the purpose for which the deposit |
26 | is made. |
27 | (5) The State Treasurer shall at all times be |
28 | responsible for custody and safekeeping of deposits. The |
29 | operator making the deposit shall be entitled from time to |
30 | time to demand and receive from the State Treasurer, on the |
|
1 | written order of the secretary, the whole or any portion of |
2 | collateral deposited, upon depositing with the State |
3 | Treasurer, in lieu of that collateral, other collateral of |
4 | classes specified in this section having a market value at |
5 | least equal to the sum of the bond, and also to demand, |
6 | receive and recover the interest and income from the |
7 | negotiable bonds as they become due and payable. |
8 | (6) If negotiable bonds on deposit under this subsection |
9 | mature or are called, the State Treasurer, at the request of |
10 | the owner of the bonds, shall convert them into other |
11 | negotiable bonds, of classes specified in this section, |
12 | designated by the owner. |
13 | (7) If notice of intent to terminate a letter of credit |
14 | is given, the department shall give the operator 30 days' |
15 | written notice to replace the letter of credit with other |
16 | acceptable bond guarantees as provided in this section. If |
17 | the owner or operator fails to timely replace the letter of |
18 | credit, the department shall draw upon and convert the letter |
19 | of credit into cash and hold it as a collateral bond |
20 | guarantee. |
21 | (b) Release.--No bond shall be fully released until the |
22 | requirements of subsection (a) and section 3223 (relating to |
23 | notification and effect of well transfer) have been fully met. |
24 | Upon release of bonds and collateral under this section, the |
25 | State Treasurer shall immediately return to the owner the |
26 | specified amount of cash or securities. |
27 | (c) Noncompliance.--If a well owner or operator fails or |
28 | refuses to comply with subsection (a), regulations promulgated |
29 | under this chapter or conditions of a permit relating to this |
30 | chapter, the department may declare the bond forfeited and shall |
|
1 | certify the same to the Attorney General, who shall proceed to |
2 | enforce and collect the full amount of the bond and, if the well |
3 | owner or operator has deposited cash or securities as collateral |
4 | in lieu of a corporate surety, the department shall declare the |
5 | collateral forfeited and direct the State Treasurer to pay the |
6 | full amount of the funds into the Well Plugging Restricted |
7 | Revenue Account or to sell the security to the extent forfeited |
8 | and pay the proceeds into the Well Plugging Restricted Revenue |
9 | Account. If a corporate surety or financial institution fails to |
10 | pay a forfeited bond promptly and in full, the corporate surety |
11 | or financial institution shall be disqualified from writing |
12 | further bonds under this chapter or any other environmental law |
13 | administered by the department. A person aggrieved by reason of |
14 | forfeiting the bond or converting collateral, as provided in |
15 | this section, shall have a right to appeal to the Environmental |
16 | Hearing Board in the manner provided by law. Upon forfeiture of |
17 | a blanket bond for a violation occurring at one or more well |
18 | sites, the person whose bond is forfeited shall, within ten days |
19 | of the forfeiture, submit a replacement bond to cover all other |
20 | wells of which the person is an owner or operator. Failure to |
21 | submit the replacement bond constitutes a violation of this |
22 | section as to each of the wells owned or operated by the person. |
23 | (d) Alternatives to certain bonds.--The following shall |
24 | apply: |
25 | (1) An operator of not more than 200 wells that cannot |
26 | obtain a bond for a well drilled prior to April 18, 1985, as |
27 | required under subsection (a), due to inability to |
28 | demonstrate sufficient financial resources may, in lieu of |
29 | the bond: |
30 | (i) Submit to the department a fee in the amount of |
|
1 | $50 per well, a blanket fee of $500 for ten to 20 wells |
2 | or a blanket fee of $1,000 for more than 20 wells, which |
3 | shall be a nonrefundable fee paid each year that the |
4 | operator has not filed a bond with the department. All |
5 | fees collected in lieu of a bond under this subsection |
6 | shall be used for the purposes authorized by this |
7 | chapter. The Environmental Quality Board shall have the |
8 | power, by regulation, to increase the amount of the fees |
9 | established under this subsection. |
10 | (ii) Make phased deposits of collateral to fully |
11 | collateralize the bond, subject to the following: |
12 | (A) Payment shall be based on the number of |
13 | wells owned or operated. The operator shall make an |
14 | initial deposit and make annual deposits in |
15 | accordance with the schedule in clause (B). Interest |
16 | accumulated by the collateral shall become a part of |
17 | the bond until the collateral plus accumulated |
18 | interest equals the amount of the required bond. The |
19 | collateral shall be deposited, in trust, with the |
20 | State Treasurer as provided in this subsection or |
21 | with a bank selected by the department which shall |
22 | act as trustee for the benefit of the Commonwealth to |
23 | guarantee the operator's compliance with the |
24 | drilling, water supply replacement, restoration and |
25 | plugging requirements of this chapter. The operator |
26 | shall be required to pay all costs of the trust. |
27 | (B) An operator of up to ten existing wells that |
28 | does not intend to operate additional wells shall |
29 | deposit $250 per well and shall, thereafter, annually |
30 | deposit $50 per well until the obligations of this |
|
1 | section are fully met. An operator of 11 to 25 wells |
2 | or an operator of up to ten wells that applies for |
3 | one or more permits for additional wells shall |
4 | deposit $2,000 and shall, thereafter, annually |
5 | deposit $1,150 plus $150 for each additional well to |
6 | be permitted that year until the obligations of this |
7 | section are fully met. An operator of 26 to 50 wells |
8 | shall deposit $3,000 and shall, thereafter, annually |
9 | deposit $1,300 plus $400 for each additional well to |
10 | be permitted that year until the obligations of this |
11 | section are fully met. An operator of 51 to 100 wells |
12 | shall deposit $4,000 and shall, thereafter, annually |
13 | deposit $1,500 plus $400 for each additional well to |
14 | be permitted that year until the obligations of this |
15 | section are fully met. Operators of 101 to 200 wells |
16 | shall deposit $8,000 and shall, thereafter, annually |
17 | deposit $1,600 plus $1,000 for each additional well |
18 | to be permitted that year until the obligations of |
19 | this section are fully met. Operators of more than |
20 | 200 wells shall fully bond their wells immediately. |
21 | (C) The department shall reduce the amount of |
22 | phased collateral payments or the period of time over |
23 | which phased collateral payments shall be made on |
24 | behalf of owners or operators that, prior to August |
25 | 3, 1992, have paid a fee in lieu of bond under |
26 | subparagraph (i), and that, by August 3, 1993, chose |
27 | to enter the phased collateral program under this |
28 | subparagraph rather than continue to make payments in |
29 | lieu of bond. Payments made prior to August 3, 1992, |
30 | in lieu of bond shall not be credited in any other |
|
1 | manner, and the department shall not be required to |
2 | refund the fees. The Environmental Quality Board, by |
3 | regulation, may change the annual deposits |
4 | established under clause (B) if necessary to |
5 | accommodate a change in the amount of the bond |
6 | required under this section. |
7 | (2) An operator may continue to pay a fee in lieu of |
8 | bond or make phased deposits of collateral to fully |
9 | collateralize the bond so long as the operator does not miss |
10 | a payment under this subsection and remains in compliance |
11 | with this chapter. If an operator misses a payment under this |
12 | subsection, the operator shall immediately: | <-- |
13 | (i) immediately submit the appropriate bond amount | <-- |
14 | in full; or |
15 | (ii) cease all operations and plug all wells. |
16 | (d.1) Individuals.--The following shall apply: |
17 | (1) An individual who is unable to obtain a bond to |
18 | drill new wells due to inability to demonstrate financial |
19 | resources may meet the collateral bond requirements of |
20 | subsection (a) by making phased deposits of collateral to |
21 | fully collateralize the bond. The individual shall be limited |
22 | to drilling ten new wells per calendar year and, for each |
23 | well to be drilled, deposit $500 and make an annual deposit |
24 | of 10% of the remaining bond amount for a period of ten |
25 | years. Interest accumulated shall become a part of the bond |
26 | until the collateral plus accumulated interest equal the |
27 | amount of the required bond. The collateral shall be |
28 | deposited in trust with the State Treasurer under subsection |
29 | (a) or with a bank selected by the department which shall act |
30 | as trustee for the benefit of the Commonwealth to guarantee |
|
1 | the individual's compliance with the drilling, water supply |
2 | replacement, restoration and plugging requirements of this |
3 | chapter. The individual shall pay all costs of the trust. |
4 | (2) Individuals may continue to use phased collateral to |
5 | obtain permits if they have not missed a payment for a well |
6 | drilled under this provision and remain in compliance with |
7 | this chapter. If an individual misses a payment, the |
8 | individual shall: |
9 | (i) immediately submit the appropriate bond amount |
10 | in full; or |
11 | (ii) cease all operations and plug all wells. |
12 | (3) For purposes of this subsection, an "individual" |
13 | means a natural person doing business under his own name. |
14 | (e) Reservation of remedies.--All remedies violating for | <-- |
15 | violations of this chapter, regulations adopted under this |
16 | chapter and conditions of permits are expressly preserved. |
17 | Nothing in this section shall be construed as an exclusive |
18 | penalty or remedy for violations of law. No action taken under |
19 | this section shall waive or impair any other remedy or penalty |
20 | provided in law. |
21 | (f) Change of law.--Owners or operators that have failed to |
22 | meet the requirements of this section shall not be required to |
23 | make payments under this section on a retroactive basis as a |
24 | condition of obtaining a permit under this chapter, nor shall |
25 | the failure be deemed a violation of this chapter. |
26 | § 3226. Oil and Gas Technical Advisory Board. |
27 | (a) Creation of board.--The Oil and Gas Technical Advisory |
28 | Board is created, consisting of the following members, all of |
29 | whom shall be chosen by the Governor and shall be residents of |
30 | this Commonwealth: |
|
1 | (1) Three individuals, each of whom shall be: |
2 | (i) a petroleum engineer; |
3 | (ii) a petroleum geologist; or |
4 | (iii) an experienced driller representative of the |
5 | oil and gas industry with three years of experience in |
6 | this Commonwealth. |
7 | (2) One mining engineer from the coal industry with |
8 | three years of experience in this Commonwealth. |
9 | (3) One geologist or petroleum engineer with three years |
10 | of experience in this Commonwealth, who shall be chosen from |
11 | a list of three names submitted by the Citizens Advisory |
12 | Council to the Governor and who shall sit as a representative |
13 | of the public interest. |
14 | (b) Reimbursement.--Board members shall not receive a salary |
15 | but shall be reimbursed for all necessary expenses incurred in |
16 | the performance of their duties. |
17 | (c) Majority vote.--All actions of the board shall be by |
18 | majority vote. The board shall meet as called by the secretary, |
19 | but not less than semiannually, to carry out its duties under |
20 | this chapter. The board shall select a chairman and other |
21 | officers deemed appropriate. |
22 | (d) Consultation.--The department shall consult with the |
23 | board in the formulation, drafting and presentation stages of |
24 | all regulations of a technical nature promulgated under this |
25 | chapter. The board shall be given a reasonable opportunity to |
26 | review and comment on all regulations of a technical nature |
27 | prior to submission to the Environmental Quality Board for |
28 | initial consideration. The written report of the board shall be |
29 | presented to the Environmental Quality Board with any regulatory |
30 | proposal. The chairman of the board shall be invited to |
|
1 | participate in the presentation of all regulations of a |
2 | technical nature before the Environmental Quality Board to the |
3 | extent allowed by procedures of the Environmental Quality Board. |
4 | Nothing herein shall preclude any member of the board from |
5 | filing a petition for rulemaking with the Environmental Quality |
6 | Board in accordance with procedures established by the |
7 | Environmental Quality Board. |
8 | SUBCHAPTER C |
9 | UNDERGROUND GAS STORAGE |
10 | Sec. |
11 | 3231. Reporting requirements for gas storage operations. |
12 | 3232. Reporting requirements for coal mining operations. |
13 | 3233. General gas storage reservoir operations. |
14 | 3234. Gas storage reservoir operations in coal areas. |
15 | 3235. Inspection of facilities and records. |
16 | 3236. Reliance on maps and burden of proof. |
17 | 3237. Exemptions and prohibitions. |
18 | § 3231. Reporting requirements for gas storage operations. |
19 | (a) General rule.--The following shall apply: |
20 | (1) A person injecting into or storing gas in a storage |
21 | reservoir underlying or within 3,000 linear feet of a coal |
22 | mine operating in a coal seam that extends over the storage |
23 | reservoir or reservoir protective area shall, within 60 days, |
24 | file with the department a copy of a map and certain data in |
25 | the form and manner provided in this subsection or as |
26 | otherwise prescribed by regulation of the department. |
27 | (2) A person injecting gas into or storing gas in a |
28 | storage reservoir which is not under or within 3,000 linear |
29 | feet of, but less than 10,000 linear feet from, a coal mine |
30 | operating in a coal seam that extends over the storage |
|
1 | reservoir or reservoir protective area shall file the map and |
2 | data within 60 days or a longer period set by departmental |
3 | regulation. |
4 | (3) A person proposing to inject or store gas in a |
5 | storage reservoir located as defined in paragraph (1) or (2) |
6 | shall file the appropriate required map and data with the |
7 | department not less than six months prior to starting the |
8 | actual injection or storage. |
9 | (4) A map required by this subsection shall be prepared |
10 | by a competent engineer or geologist, showing: |
11 | (i) the stratum in which the existing or proposed |
12 | storage reservoir is or is proposed to be located; |
13 | (ii) the geographic location of the outside |
14 | boundaries of the storage reservoir and reservoir |
15 | protective area; |
16 | (iii) the location of all known oil or gas wells in |
17 | the reservoir or within 3,000 linear feet thereof which |
18 | have been drilled into or through the storage stratum, |
19 | indicating which have been or are to be cleaned out and |
20 | plugged or reconditioned for storage along with the |
21 | proposed location of all additional wells which are to be |
22 | drilled within the storage reservoir or within 3,000 |
23 | linear feet thereof. |
24 | (5) The following, if available, shall be furnished for |
25 | all known oil or gas wells which have been drilled into or |
26 | through the storage stratum within the storage reservoir or |
27 | within 3,000 linear feet of the storage reservoir: |
28 | (i) Name of the operator. |
29 | (ii) Date drilled. |
30 | (iii) Total depth. |
|
1 | (iv) Depth of production if the well was productive |
2 | of oil or gas. |
3 | (v) Initial rock pressure and volume. |
4 | (vi) Depths at which all coal seams were |
5 | encountered. |
6 | (vii) A copy of the driller's log or other similar |
7 | information. |
8 | (5.1) At the time of the filing of the maps and data, a |
9 | statement shall be filed: |
10 | (i) detailing efforts made to determine that the |
11 | wells shown are accurately located on the map; |
12 | (ii) affirming that the wells shown represent, to |
13 | the best of the operator's knowledge, all oil or gas |
14 | wells which have ever been drilled into or below the |
15 | storage stratum within the proposed storage reservoir or |
16 | within the reservoir protective area; |
17 | (iii) stating whether the initial injection is for |
18 | testing purposes; |
19 | (iv) stating the maximum pressure at which injection |
20 | and storage of gas is contemplated; and |
21 | (v) providing a detailed explanation of the methods |
22 | to be used or which previously have been used in |
23 | drilling, cleaning out, reconditioning and plugging wells |
24 | in the storage reservoir or within the reservoir |
25 | protective area. |
26 | (6) The map and data required to be filed under |
27 | paragraphs (5) and (5.1) shall be amended or supplemented |
28 | semiannually if material changes occur. The department may |
29 | require a storage operator to amend or supplement the map or |
30 | data at more frequent intervals if material changes have |
|
1 | occurred justifying the earlier filing. |
2 | (b) Other reporting requirements.--A person who is injecting |
3 | gas into or storing gas in a storage reservoir not at the time |
4 | subject to subsection (a), by a process other than that of |
5 | secondary recovery or gas recycling, shall, within 60 days, or a |
6 | longer period set by departmental regulations, file maps and |
7 | data required by departmental regulation and as follows: |
8 | (1) A person who, after April 18, 1985, proposes to |
9 | inject or store gas in a storage reservoir in an area not |
10 | covered by subsection (a) by a process other than that of |
11 | secondary recovery or gas recycling shall file the required |
12 | map and data with the department not less than six months |
13 | prior to the starting of actual injection or storage. |
14 | (2) The map shall be prepared by a competent engineer or |
15 | competent geologist and show: |
16 | (i) the stratum in which the existing or proposed |
17 | storage reservoir is or is to be located; |
18 | (ii) the geographic location of the outside |
19 | boundaries of the storage reservoir; and |
20 | (iii) the location of all known oil or gas wells |
21 | within the reservoir, or within 3,000 linear feet |
22 | thereof, which have been drilled into or through the |
23 | storage stratum, indicating which have been or are to be |
24 | cleaned out and plugged or reconditioned for storage and |
25 | the proposed location of all additional wells which are |
26 | to be drilled within the storage reservoir or within |
27 | 3,000 linear feet thereof. |
28 | (3) The following, if available, shall be furnished for |
29 | all known oil or gas wells which have been drilled into or |
30 | through the storage stratum within the storage reservoir or |
|
1 | within 3,000 linear feet of the storage reservoir: |
2 | (i) Name of the operator. |
3 | (ii) Date drilled. |
4 | (iii) Total depth. |
5 | (iv) Depth of production if the well was productive |
6 | of oil or gas. |
7 | (v) Initial rock pressure and volume. |
8 | (vi) A copy of the driller's log or other similar |
9 | information. |
10 | (3.1) At the time of the filing of the maps and data, a |
11 | statement shall be filed: |
12 | (i) detailing efforts made to determine that the |
13 | wells shown are accurately located on the map; |
14 | (ii) affirming that the wells shown represent, to |
15 | the best of the operator's knowledge, all oil or gas |
16 | wells which have ever been drilled into or below the |
17 | storage stratum within the proposed storage reservoir; |
18 | (iii) stating whether the initial injection is for |
19 | testing purposes; |
20 | (iv) stating the maximum pressure at which injection |
21 | and storage of gas is contemplated; and |
22 | (v) providing a detailed explanation of the methods |
23 | to be used or which previously have been used in |
24 | drilling, cleaning out, reconditioning and plugging wells |
25 | in the storage reservoir. |
26 | (4) The map and data required to be filed under |
27 | paragraphs (3) and (3.1) shall be amended or supplemented |
28 | semiannually if material changes occur. The department may |
29 | require a storage operator to amend or supplement the map or |
30 | data at more frequent intervals if material changes have |
|
1 | occurred justifying the earlier filing. |
2 | (c) Political subdivisions.--Storage operators shall give |
3 | notice to the department of the name of each political |
4 | subdivision and county in which the operator maintains and |
5 | operates a gas storage reservoir. |
6 | (d) Notice to affected persons.--At the time of the filing |
7 | of maps and data and the filing of amended or supplemental maps |
8 | or data required by this section, the person filing the |
9 | information shall give written notice of the filing to all |
10 | persons who may be affected under the provisions of this chapter |
11 | by the storage reservoir described in the maps or data. Notices |
12 | shall contain a description of the boundaries of the storage |
13 | reservoir. When a person operating a coal mine or owning an |
14 | interest in coal properties which are or may be affected by the |
15 | storage reservoir requests, in writing, a copy of any map or |
16 | data filed with the department, the copy shall be furnished by |
17 | the storage operator. |
18 | (e) Outside boundaries.--For purposes of this chapter, the |
19 | outside boundaries of a storage reservoir shall be defined by |
20 | the location of those wells around the periphery of the storage |
21 | reservoir which had no gas production when drilled in the |
22 | storage stratum. The boundaries shall be originally fixed or |
23 | subsequently changed if, based on the number and nature of the |
24 | wells and the geological and production knowledge of the storage |
25 | stratum, its character, permeability, distribution and operating |
26 | experience, it is determined in a conference under section 3251 |
27 | (relating to conferences) that modifications should be made. |
28 | (f) Inapplicability of section.--The requirements of this |
29 | section shall not apply to the operator of an underground gas |
30 | storage reservoir so long as the reservoir is located more than |
|
1 | 10,000 linear feet from an operating coal mine, except that the |
2 | storage operator shall give notice to the department of the name |
3 | of each political subdivision and county in which the operator |
4 | maintains and operates a gas storage reservoir. In political |
5 | subdivisions and counties where both gas storage reservoirs and |
6 | coal mines are being operated, the department may request the |
7 | storage operator to furnish maps showing geographical locations |
8 | and outside boundaries of the storage reservoirs. The department |
9 | shall keep a record of the information and promptly notify the |
10 | coal operator and the storage operator when notified by them |
11 | that the coal mine and storage reservoir are within 10,000 |
12 | linear feet of each other. |
13 | § 3232. Reporting requirements for coal mining operations. |
14 | (a) General rule.--A person owning or operating a coal mine |
15 | shall file with the department a map prepared and sealed by a |
16 | competent individual licensed as a professional engineer or |
17 | professional land surveyor under the provisions of the act of |
18 | May 23, 1945 (P.L.913, No.367), known as the Engineer, Land |
19 | Surveyor and Geologist Registration Law, showing the outside |
20 | coal boundaries of the operating coal mine, the existing |
21 | workings and exhausted areas and the relationship of the |
22 | boundaries to identifiable surface properties and landmarks. A |
23 | person owning or operating an operating coal mine which has been |
24 | penetrated by a well shall furnish a mine map to the department |
25 | each year indicating the excavations for the preceding year and |
26 | the projections for the ensuing year. The map required by this |
27 | subsection shall be furnished to a person storing or |
28 | contemplating the storage of gas in the vicinity of operating |
29 | coal mines shall, upon written request, by the coal operator, |
30 | and the person and the department shall thereafter be informed |
|
1 | of any boundary changes at the time the changes occur. The |
2 | department shall keep a record of the information and promptly |
3 | notify the coal operator and storage operator when notified by |
4 | them that the coal mine and the storage reservoir are within |
5 | 10,000 linear feet of each other. |
6 | (b) Mines near certain reservoirs.--A person owning or |
7 | operating any coal mine which is or which comes within 10,000 |
8 | linear feet of a storage reservoir and where the coal seam being |
9 | operated extends over the storage reservoir or reservoir |
10 | protective area shall, within 45 days after receiving notice |
11 | from the storage operator of that fact, file with the department |
12 | and furnish to the person operating the storage reservoir a map |
13 | in the form required by subsection (a) showing, in addition to |
14 | the requirements of subsection (a), existing and projected |
15 | excavations and workings of the operating coal mine for the |
16 | ensuing 18-month period and the location of oil or gas wells of |
17 | which the coal operator has knowledge. The person owning or |
18 | operating the coal mine shall, each six months thereafter, file |
19 | with the department and furnish to the person operating the |
20 | storage reservoir a revised map showing any additional |
21 | excavations and workings, together with the projected |
22 | excavations and workings for the then ensuing 18-month period, |
23 | which may be within 10,000 linear feet of the storage reservoir. |
24 | The department may require a coal operator to file revised maps |
25 | at more frequent intervals if material changes have occurred |
26 | justifying earlier filing. The person owning or operating the |
27 | coal mine shall also file with the department and furnish the |
28 | person operating the reservoir prompt notice of any wells which |
29 | have been cut into, together with all available pertinent |
30 | information. |
|
1 | (c) Mines near gas storage reservoirs.--A person owning or |
2 | operating a coal mine who has knowledge that it overlies or is |
3 | within 2,000 linear feet of a gas storage reservoir shall, |
4 | within 30 days, notify the department and the storage operator |
5 | of that fact. |
6 | (d) Mines projected to be near storage reservoirs.--When a |
7 | person owning or operating a coal mine expects that, within the |
8 | ensuing nine-month period, the coal mine will be extended to a |
9 | point which will be within 2,000 linear feet of any storage |
10 | reservoir, the person shall notify the department and storage |
11 | operator in writing of that fact. |
12 | (e) New mines.--A person intending to establish or |
13 | reestablish an operating coal mine which will be over a storage |
14 | reservoir or within 2,000 linear feet of a storage reservoir or |
15 | may within nine months thereafter be expected to be within 2,000 |
16 | linear feet of a storage reservoir shall immediately notify the |
17 | department and storage operator in writing. Notice shall include |
18 | the date on which the person intends to establish or reestablish |
19 | the operating coal mine. |
20 | (f) Misdemeanor.--A person who serves notice as required by |
21 | this subsection of an intention to establish or reestablish an |
22 | operating coal mine, without intending in good faith to |
23 | establish or reestablish the mine, is liable for continuing |
24 | damages to a storage operator injured by the improper notice and |
25 | commits a misdemeanor subject to the penalties of section 3255 |
26 | (relating to penalties). |
27 | § 3233. General gas storage reservoir operations. |
28 | (a) General rule.--A person who operates or proposes to |
29 | operate a storage reservoir, except one filled by the secondary |
30 | recovery or gas recycling process, shall: |
|
1 | (1) Use every known method which is reasonable under the |
2 | circumstances for discovering and locating all wells which |
3 | have or may have been drilled into or through the storage |
4 | reservoir. |
5 | (2) Plug or recondition, as provided in departmental |
6 | regulations, all known wells drilled into or through the |
7 | storage reservoir, except to the extent otherwise provided in |
8 | subsections (b) and (c). |
9 | (b) Wells to be plugged.--To comply with subsection (a), |
10 | wells which are to be plugged shall be plugged in the manner |
11 | specified in section 3220 (relating to plugging requirements). |
12 | (b.1) Wells plugged prior to enactment of section.--If a |
13 | well located in the storage reservoir area has been plugged |
14 | prior to April 18, 1985, and on the basis of data, information |
15 | and other evidence submitted to the department, it is determined |
16 | that the plugging was done in the manner required by section |
17 | 3220 or approved as an alternative method under section 3221 |
18 | (relating to alternative methods) and the plugging is still |
19 | sufficiently effective to meet the requirements of this chapter, |
20 | the obligations under subsection (a) with regard to plugging the |
21 | well shall be considered to have been fully satisfied. |
22 | (c) Wells to be reconditioned.--The following shall apply: |
23 | (1) To comply with subsection (a), wells which are to be |
24 | reconditioned shall, unless the department by regulation |
25 | specifies a different procedure, be cleaned out from the |
26 | surface through the storage horizon, and the producing casing |
27 | and casing strings determined not to be in good physical |
28 | condition shall be replaced with new casing, using the same |
29 | procedure as is applicable to drilling a new well under this |
30 | chapter. In the case of wells to be used for gas storage, the |
|
1 | annular space between each string of casing and the annular |
2 | space behind the largest diameter casing to the extent |
3 | possible shall be filled to the surface with cement or |
4 | bentonitic mud or a nonporous material approved by the |
5 | department under section 3221. At least 15 days prior to |
6 | reconditioning, the storage operator shall give notice to the |
7 | department, setting forth in the notice the manner in which |
8 | it is planned to recondition the well and any pertinent data |
9 | known to the storage operator which will indicate the |
10 | condition of the well existing at that time. In addition, the |
11 | storage operator shall give the department at least 72 hours' |
12 | notice of the time when reconditioning is to begin. If no |
13 | objections are raised by the department within ten days, the |
14 | storage operator may proceed with reconditioning in |
15 | accordance with the plan as submitted. If objections are made |
16 | by the department, the department may fix a time and place |
17 | for a conference under section 3251 (relating to conferences) |
18 | at which the storage operator and department shall endeavor |
19 | to agree on a plan to satisfy the objections and meet the |
20 | requirements of this section. If no agreement is reached, the |
21 | department may, by an appropriate order, determine whether |
22 | the plan as submitted meets the requirements of this section |
23 | or what changes, if any, are required. If, in reconditioning |
24 | a well in accordance with the plan, physical conditions are |
25 | encountered which justify or necessitate a change in the |
26 | plan, the storage operator may request that the plan be |
27 | changed. If the request is denied, the department shall fix a |
28 | conference under section 3251 and proceed in the same manner |
29 | as with original objections. An application may be made in |
30 | the manner prescribed by section 3221 for approval of an |
|
1 | alternative method of reconditioning a well. If a well |
2 | located within the storage reservoir was reconditioned, or |
3 | drilled and equipped, prior to April 18, 1985, the |
4 | obligations imposed by subsection (a), as to reconditioning |
5 | the well, shall be considered fully satisfied if, on the |
6 | basis of the data, information and other evidence submitted |
7 | to the department, it is determined that: |
8 | (i) The conditioning or previous drilling and |
9 | equipping was done in the manner required in this |
10 | subsection, in regulations promulgated under this chapter |
11 | or in a manner approved as an alternative method in |
12 | accordance with section 3221. |
13 | (ii) The reconditioning or previous drilling and |
14 | equipping is still sufficiently effective to meet the |
15 | requirements of this chapter. |
16 | (2) If a well requires emergency repairs, this chapter |
17 | shall not be construed to require the storage operator to |
18 | give any notice required by this subsection before making the |
19 | repairs. |
20 | (d) Exception.--The requirements of subsection (a) shall not |
21 | apply to injection of gas into a stratum when the sole purpose |
22 | of injection, referred to in this subsection as testing, is to |
23 | determine whether the stratum is suitable for storage purposes. |
24 | Testing shall be conducted only in compliance with the following |
25 | requirements: |
26 | (1) The person testing or proposing to test shall comply |
27 | with section 3231 (relating to reporting requirements for gas |
28 | storage operations) and verify the statement required to be |
29 | filed by that section. |
30 | (2) The storage operator shall give at least six months' |
|
1 | written notice to the department of the fact that injection |
2 | of gas for testing purposes is proposed. |
3 | (3) If the department has objections, the department |
4 | shall fix a time and place for a conference under section |
5 | 3251, not more than ten days from the date of notice to the |
6 | storage operator, at which time the storage operator and |
7 | department shall attempt to resolve the issues presented. If |
8 | an agreement cannot be reached, the department may issue an |
9 | appropriate order. |
10 | (e) Failure to execute lawful order.--In a proceeding under |
11 | this chapter, if the department determines that an operator of a |
12 | storage reservoir has failed to carry out a lawful order issued |
13 | under this chapter, the department may require the operator to |
14 | suspend operation of the reservoir and withdraw the gas until |
15 | the violation is remedied, in which case the storage operator, |
16 | limited by due diligence insofar as existing facilities utilized |
17 | to remove gas from the reservoir will permit, shall: |
18 | (1) if possible, remove the amount required by the |
19 | department to be removed; or |
20 | (2) in any event, remove the maximum amount which can be |
21 | withdrawn in accordance with recognized engineering and |
22 | operating procedures. |
23 | (f) Duty of storage reservoir operator.--The following shall |
24 | apply: |
25 | (1) A person owning or operating a storage reservoir |
26 | subject to this chapter shall have a duty to: |
27 | (i) Maintain all wells drilled into or through the |
28 | reservoir in a condition, and operate them in a manner, |
29 | sufficient to prevent the escape of gas. |
30 | (ii) Operate and maintain the reservoir and its |
|
1 | facilities as prescribed by departmental regulations and |
2 | at a pressure which will prevent gas from escaping, but |
3 | the pressure shall not exceed the highest rock pressure |
4 | found to have existed during the production history of |
5 | the reservoir or another high pressure limit approved by |
6 | the department after holding a conference under section |
7 | 3251 based on geological and production knowledge of the |
8 | reservoir, its character, permeability distribution and |
9 | operating experience. |
10 | (2) The duty under paragraph (1) shall not be construed |
11 | to include inability to prevent the escape of gas when gas |
12 | escapes as a result of an act of God or a person not under |
13 | the control of the storage operator. In that instance, the |
14 | storage operator shall have a duty to take action reasonably |
15 | necessary to prevent further escape of gas. This paragraph |
16 | does not apply to a well which the storage operator failed to |
17 | locate and make known to the department. |
18 | § 3234. Gas storage reservoir operations in coal areas. |
19 | (a) General rule.--A person operating a storage reservoir |
20 | which underlies or is within 2,000 linear feet of a coal mine |
21 | operating in a coal seam that extends over the storage reservoir |
22 | or the reservoir protective area shall: |
23 | (1) Use every known reasonable method for discovering |
24 | and locating all wells which have or may have been drilled |
25 | into or through the storage stratum in the acreage lying |
26 | within the outside coal boundaries of the operating coal mine |
27 | overlying the storage reservoir or the reservoir protective |
28 | area. |
29 | (2) Plug or recondition, as provided by section 3220 |
30 | (relating to plugging requirements) and subsection (e), all |
|
1 | known wells, except to the extent provided in subsections |
2 | (e), (f), (g) and (h), drilled into or through the storage |
3 | stratum and located within the portion of the acreage of the |
4 | operating coal mine overlying the storage reservoir or the |
5 | reservoir protective area. If an objection is raised as to |
6 | use of a well as a storage well and after a conference under |
7 | section 3251 (relating to conferences) it is determined by |
8 | the department, taking into account all circumstances and |
9 | conditions, that the well should not be used as a storage |
10 | well, the well shall be plugged unless, in the opinion of the |
11 | storage operator, the well may be used as a storage well in |
12 | the future, in which case, upon approval of the department |
13 | after taking into account all circumstances and conditions, |
14 | the storage operator may recondition and inactivate the well |
15 | rather than plug it. |
16 | (3) The requirements of paragraph (2) shall be deemed to |
17 | have been fully complied with if, as the operating coal mine |
18 | is extended, all wells which from time to time come within |
19 | the acreage described in paragraph (2) are reconditioned or |
20 | plugged as provided in section 3220 and subsection (e) or (f) |
21 | so that, by the time the coal mine has reached a point within |
22 | 2,000 linear feet of the wells, they will have been |
23 | reconditioned or plugged in accordance with section 3220 and |
24 | subsection (e) or (f). |
25 | (b) Verified statement.--A person operating a storage |
26 | reservoir referred to in subsection (a) shall file with the |
27 | department and furnish a copy to the person operating the |
28 | affected operating coal mine a verified statement setting forth: |
29 | (1) That the map and any supplemental maps required by |
30 | section 3231(a) (relating to reporting requirements for gas |
|
1 | storage operations) have been prepared and filed in |
2 | accordance with section 3231. |
3 | (2) A detailed explanation of what the storage operator |
4 | has done to comply with the requirements of subsection (a)(1) |
5 | and (2) and the results of those actions. |
6 | (3) Such additional efforts, if any, as the storage |
7 | operator is making and intends to make to locate all wells. |
8 | (4) Any additional wells that are to be plugged or |
9 | reconditioned to meet the requirements of subsection (a)(2). |
10 | (b.1) Order of department.--If the statement required under |
11 | subsection (b) is not filed by the storage reservoir operator |
12 | within the time specified by this chapter or the regulations of |
13 | the department, the department may order the operator to file |
14 | the statement. |
15 | (c) Procedure.--Within 120 days after receipt of a statement |
16 | required by this section, the department may direct that a |
17 | conference be held in accordance with section 3251 to determine |
18 | whether the requirements of section 3231 and subsection (a) have |
19 | been fully met. At the conference, if any person believes the |
20 | requirements have not been fully met, the parties shall attempt |
21 | to agree on additional actions to be taken and the time for |
22 | completion, subject to approval of the department. If an |
23 | agreement cannot be reached, the department shall make a |
24 | determination and, if the department determines any requirements |
25 | have not been met, the department shall issue an order |
26 | specifying in detail the extent to which the requirements have |
27 | not been met and the actions which the storage operator must |
28 | complete to meet the requirements. The order shall grant as much |
29 | time as is reasonably necessary to fully comply. If the storage |
30 | operator encounters conditions not known to exist at the time of |
|
1 | issuance of the order and which materially affect the validity |
2 | of the order or the ability of the storage operator to comply |
3 | with it, the storage operator may apply for a rehearing or |
4 | modification of the order. |
5 | (d) Notification.--If, in complying with subsection (a), a |
6 | storage operator, after filing the statement provided for in |
7 | subsection (b), plugs or reconditions a well, the storage |
8 | operator shall notify the department and the coal operator |
9 | affected, in writing, setting forth facts indicating the manner |
10 | in which the plugging or reconditioning was done. Upon receipt |
11 | of the notification, the coal operator or department may request |
12 | a conference under section 3251. |
13 | (e) Plugging wells.--In order to meet the requirements of |
14 | subsection (a), wells which are to be plugged shall be plugged |
15 | in the manner specified in regulations promulgated under section |
16 | 3211 (relating to well permits). When a well located within the |
17 | storage reservoir or the reservoir protective area has been |
18 | plugged prior to April 18, 1985, and, on the basis of the data |
19 | information and other evidence submitted to the department, it |
20 | is determined that the plugging was done in the manner required |
21 | by section 3220, or in a manner approved as an alternative |
22 | method in accordance with section 3221 (relating to alternative |
23 | methods), and the plugging is still sufficiently effective to |
24 | meet the requirements of this chapter, the requirements of |
25 | subsection (a) as to plugging the well shall be considered to |
26 | have been fully satisfied. |
27 | (f) Reconditioned wells.--The following shall apply: |
28 | (1) In order to comply with subsection (a), unless the |
29 | department by regulation specifies a different procedure, |
30 | wells which are to be reconditioned shall be cleaned out from |
|
1 | the surface through the storage horizon, and the following |
2 | casing strings shall be pulled and replaced with new casing, |
3 | using the procedure applicable to drilling a new well under |
4 | this chapter: |
5 | (i) the producing casing; |
6 | (ii) the largest diameter casing passing through the |
7 | lowest workable coal seam unless it extends at least 25 |
8 | feet below the bottom of the coal seam and is determined |
9 | to be in good physical condition, but the storage |
10 | operator may, instead of replacing the largest diameter |
11 | casing, replace the next largest casing string if the |
12 | casing string extends at least 25 feet below the lowest |
13 | workable coal seam; and |
14 | (iii) casing strings determined not to be in good |
15 | physical condition |
16 | (2) In the case of a well to be used for gas storage, |
17 | the annular space between each string of casing and the |
18 | annular space behind the largest diameter casing, to the |
19 | extent possible, shall be filled to the surface with cement |
20 | or bentonitic mud or an equally nonporous material approved |
21 | by the department under section 3221. |
22 | (3) At least 15 days before a well is to be |
23 | reconditioned, the storage operator shall give notice to the |
24 | department and the coal operator, lessee or owner, setting |
25 | forth the manner in which reconditioning is planned and |
26 | pertinent data known to the storage operator which will |
27 | indicate the current condition of the well, along with at |
28 | least 72 hours' notice of the date and time when |
29 | reconditioning will begin. The coal operator, lessee or owner |
30 | shall have the right to file, within ten days after receipt |
|
1 | of the notice, objections to the plan of reconditioning as |
2 | submitted by the storage operator. If no objections are filed |
3 | and none are raised by the department within ten days, the |
4 | storage operator may proceed with reconditioning in |
5 | accordance with the plan as submitted. If an objection is |
6 | filed or made by the department, the department shall fix a |
7 | time and place for a conference under section 3251, at which |
8 | conference the storage operator and the person having |
9 | objections shall attempt to agree on a plan of reconditioning |
10 | that meets the requirements of this section. If no agreement |
11 | is reached, the department shall, by an appropriate order, |
12 | determine whether the plan as submitted meets the |
13 | requirements of this section or what changes should be made |
14 | to meet the requirements. If, in reconditioning the well in |
15 | accordance with the plan, physical conditions are encountered |
16 | which justify or necessitate a change in the plan, the |
17 | storage operator or coal operator may request that the plan |
18 | be changed. If the parties cannot agree on a change, the |
19 | department shall arrange for a conference to determine the |
20 | matter in the same manner as set forth in connection with |
21 | original objections to the plan. |
22 | (4) Application may be made to the department in the |
23 | manner prescribed in section 3221 for approval of an |
24 | alternative method of reconditioning a well. When a well |
25 | located within the storage reservoir or the reservoir |
26 | protective area has been reconditioned or drilled and |
27 | equipped prior to April 18, 1985, and, on the basis of the |
28 | data, information and other evidence submitted to the |
29 | department, the obligations imposed by subsection (a) as to |
30 | reconditioning the well shall be considered to be fully |
|
1 | satisfied if it is determined that reconditioning or previous |
2 | drilling and equipping: |
3 | (i) was done in the manner required in this |
4 | subsection, or in regulations promulgated hereunder, or |
5 | in a manner approved as an alternative method in |
6 | accordance with section 3221; or |
7 | (ii) is still sufficiently effective to meet the |
8 | requirements of this chapter. |
9 | (5) If a well requires emergency repairs, this |
10 | subsection shall not be construed to require the storage |
11 | operator to give the notices specified herein before making |
12 | the repairs. |
13 | (g) Producing wells.--If a well located within the reservoir |
14 | protective area is a producing well in a stratum below the |
15 | storage stratum, the obligations imposed by subsection (a) shall |
16 | not begin until the well ceases to be a producing well. |
17 | (h) Certain other wells.--If a well within a storage |
18 | reservoir or reservoir protective area penetrates the storage |
19 | stratum but does not penetrate the coal seam being mined by an |
20 | operating coal mine, the department may, upon application of the |
21 | operator of the storage reservoir, exempt the well from the |
22 | requirements of this section. Either party affected may request |
23 | a conference under section 3251 with respect to exemption of a |
24 | well covered by this subsection. |
25 | (i) Plugging limitation.--In fulfilling the requirements of |
26 | subsection (a)(2) with respect to a well within the reservoir |
27 | protective area, the storage operator shall not be required to |
28 | plug or recondition the well until the storage operator has |
29 | received from the coal operator written notice that the mine |
30 | workings will, within the period stated in the notice, be within |
|
1 | 2,000 linear feet of the well. Upon the receipt of the notice, |
2 | the storage operator shall use due diligence to complete the |
3 | plugging or reconditioning of the well in accordance with the |
4 | requirements of this section and section 3220. If the mine |
5 | workings do not, within a period of three years after the well |
6 | has been plugged, come within 2,000 linear feet of the well, the |
7 | coal operator shall reimburse the storage operator for the cost |
8 | of plugging, provided that the well is still within the |
9 | reservoir protective area as of that time. |
10 | (j) Retreat mining.--If retreat mining approaches a point |
11 | where, within 90 days, it is expected that the retreat work will |
12 | be at the location of the pillar surrounding an active storage |
13 | well, the coal operator shall give written notice to the storage |
14 | operator, and by agreement the parties shall determine whether |
15 | it is necessary or advisable to effectively and temporarily |
16 | inactivate the well. The well shall not be reactivated until a |
17 | reasonable period, determined by the parties, has elapsed. If |
18 | the parties cannot agree as required by this subsection, the |
19 | matter shall be submitted to the department for resolution. The |
20 | number of wells required to be temporarily inactivated during |
21 | the retreat period shall not be of a number that materially |
22 | affects efficient operation of the storage pool, except that |
23 | this provision shall not preclude temporary inactivation of a |
24 | particular well if the practical effect of inactivating it is to |
25 | render the pool temporarily inoperative. |
26 | (k) Exceptions.--The requirements of subsections (a), (l) |
27 | and (m) shall not apply to injection of gas into a stratum when |
28 | the whole purpose of injection, referred to in this subsection |
29 | as testing, is to determine whether the stratum is suitable for |
30 | storage purposes. Testing shall be conducted only in compliance |
|
1 | with the following requirements: |
2 | (1) The person testing or proposing to test shall comply |
3 | with all provisions and requirements of section 3231 and |
4 | verify the statement required to be filed by that section. |
5 | (2) If any part of the proposed storage reservoir is |
6 | under or within 2,000 linear feet of an operating coal mine |
7 | which is operating in a coal seam that extends over the |
8 | proposed storage reservoir or the reservoir protective area, |
9 | the storage operator shall give at least six months' written |
10 | notice to the department and coal operator of the fact that |
11 | injection of gas for testing purposes is proposed. |
12 | (3) The coal operator affected may at any time file |
13 | objections with the department, whereupon the department |
14 | shall fix a time and place for a conference under section |
15 | 3251, not more than ten days from the date of the notice to |
16 | the storage operator. At the conference, the storage operator |
17 | and the objecting party shall attempt to agree, subject to |
18 | approval of the department, on the questions involved. If an |
19 | agreement cannot be reached, the department may issue an |
20 | appropriate order. |
21 | (4) If at any time a proposed storage reservoir being |
22 | tested comes under or within 2,000 linear feet of an |
23 | operating coal mine because of extension of the storage |
24 | reservoir being tested or because of extension or |
25 | establishment or reestablishment of the operating coal mine, |
26 | the requirements of this subsection shall immediately become |
27 | applicable to the testing. |
28 | (l) Storage reservoirs near operating coal mines.--A person |
29 | who proposes to establish a storage reservoir under or within |
30 | 2,000 linear feet of a coal mine operating in a coal seam that |
|
1 | extends over the storage reservoir or the reservoir protective |
2 | area shall, prior to establishing the reservoir, and in addition |
3 | to complying with section 3231 and subsection (a), file the |
4 | verified statement required by subsection (b) and fully comply |
5 | with any order of the department in the manner provided under |
6 | subsection (b) or (c) before commencing operation of the storage |
7 | reservoir. After the person proposing to operate the storage |
8 | reservoir complies with the requirements of this subsection and |
9 | commences operations, the person shall continue to be subject to |
10 | all provisions of this chapter. |
11 | (m) Gas storage reservoirs.--If a gas storage reservoir is |
12 | in operation on April 18, 1985, and at any time thereafter it is |
13 | under or within 2,000 linear feet of an operating coal mine, or |
14 | if a gas storage reservoir is put in operation after April 18, |
15 | 1985, and at any time after storage operations begin it is under |
16 | or within 2,000 linear feet of an operating coal mine, the |
17 | storage operator shall comply with all of the provisions of this |
18 | section, except that: |
19 | (1) the time for filing the verified statement under |
20 | subsection (b) shall be 60 days after the date stated in the |
21 | notice filed by the coal operator under section 3232(d) and |
22 | (e) (relating to reporting requirements for coal mining |
23 | operations); |
24 | (2) the coal operator shall give notice of the delay to |
25 | the department; |
26 | (3) the department shall, upon the request of the |
27 | storage operator, extend the time for filing the statement by |
28 | the additional time which will be required to extend or |
29 | establish or reestablish the operating coal mine to a point |
30 | within 2,000 linear feet of the reservoir; |
|
1 | (4) the verified statement shall also indicate that the |
2 | map referred to in section 3231(a) has been currently amended |
3 | as of the time of the filing of the statement; and |
4 | (5) the person operating the storage reservoir shall |
5 | continue to be subject to all of the provisions of this |
6 | chapter. |
7 | (n) Failure to comply with order.--If, in any proceeding |
8 | under this chapter, the department determines that an operator |
9 | of a storage reservoir has failed to comply with a lawful order |
10 | issued under this chapter, the department may require the |
11 | storage operator to suspend operation of the reservoir and |
12 | withdraw the gas from it until the violation is remedied, in |
13 | which case the storage operator, limited by due diligence |
14 | insofar as existing facilities utilized to remove gas from the |
15 | reservoir will permit, shall: |
16 | (1) if possible, remove the amount required by the |
17 | department to be removed; or |
18 | (2) in any event, remove the maximum amount which can be |
19 | withdrawn in accordance with recognized engineering and |
20 | operating procedures. |
21 | (o) Prevention of escape of gas.--In addition to initial |
22 | compliance with other provisions of this chapter and lawful |
23 | orders issued under this chapter, it shall be the duty, at all |
24 | times, of a person owning or operating a storage reservoir |
25 | subject to this chapter to keep all wells drilled into or |
26 | through the storage stratum in a condition, and operate the |
27 | wells in a manner, which is designed to prevent the escape of |
28 | gas out of the storage reservoir and its facilities, and to |
29 | operate and maintain the storage reservoir and its facilities in |
30 | the manner prescribed by regulation of the department and at a |
|
1 | pressure that will prevent gas from escaping from the reservoir |
2 | or its facilities. This duty shall not be construed to include |
3 | inability to prevent the escape of gas when escape results from |
4 | an act of God or a person not under the control of the storage |
5 | operator, except that this exception does not apply to a well |
6 | which the storage operator has failed to locate and make known |
7 | to the department. If an escape of gas results from an act of |
8 | God or a person not under the control of the storage operator, |
9 | the storage operator shall be under the duty to take any action |
10 | reasonably necessary to prevent further escape of gas out of the |
11 | storage reservoir and its facilities. |
12 | § 3235. Inspection of facilities and records. |
13 | (a) General rule.--The person operating a storage reservoir |
14 | affected by this chapter shall, at all reasonable times, be |
15 | permitted to inspect applicable records and facilities of a coal |
16 | mine overlying the storage reservoir or reservoir protective |
17 | area. The person operating a coal mine affected by this chapter |
18 | shall, at all reasonable times, be permitted to inspect |
19 | applicable records and facilities of a storage reservoir |
20 | underlying the coal mine. |
21 | (b) Order.--If a storage operator or coal operator subject |
22 | to subsection (a) refuses to permit inspection of records or |
23 | facilities, the department may, on its own motion or on |
24 | application of the party seeking inspection, after reasonable |
25 | written notice and a hearing if requested by an affected party, |
26 | order inspection. |
27 | § 3236. Reliance on maps and burden of proof. |
28 | (a) General rule.--In determining whether a coal mine or |
29 | operating coal mine is or will be within a particular distance |
30 | from a storage reservoir which is material under this chapter, |
|
1 | the owner or operator of the coal mine and the storage operator |
2 | may rely on the most recent map of the storage reservoir or coal |
3 | mine filed by the other party with the department. |
4 | (b) Accuracy.--Where accuracy of a map or data filed under |
5 | this chapter is in issue, the person that filed the map or data |
6 | shall: |
7 | (1) at the request of an objecting party, disclose the |
8 | information and method used to compile the map or data, along |
9 | with any information available to the person that might |
10 | affect current validity of the map or data; and |
11 | (2) have the burden of proving accuracy of the map or |
12 | data. |
13 | § 3237. Exemptions and prohibitions. |
14 | (a) Inapplicability of chapter to certain coal mines.--This |
15 | chapter shall not apply to the following types of coal mines: |
16 | (1) Strip mines and auger mines operating from the |
17 | surface. |
18 | (2) Mines to which the former act of June 9, 1911 |
19 | (P.L.756, No.319), entitled "An act to provide for the health |
20 | and safety of persons employed in and about the bituminous |
21 | coal-mines of Pennsylvania, and for the protection and |
22 | preservation of property connected therewith," did not apply |
23 | in accordance with section 3 of Article XXVIII of that act. |
24 | (3) Mines to which the former act of June 2, 1891 |
25 | (P.L.176, No.177), entitled "An act to provide for the health |
26 | and safety of persons employed in and about the anthracite |
27 | coal mines of Pennsylvania and for the protection and |
28 | preservation of property connected therewith," did not apply |
29 | in accordance with section 1 of Article I of that act. |
30 | (b) Workable coal seams.--Injection of gas for storage |
|
1 | purposes in a workable coal seam, whether or not it is being or |
2 | has been mined, is prohibited. |
3 | (b.1) Original extraction.--Nothing in this chapter |
4 | prohibits original extraction of natural gas, crude oil or coal. |
5 | (c) Certain rock formations.--Nothing in this chapter |
6 | applies to storage of gas or liquids in storage reservoirs |
7 | excavated in rock formations specifically for storage purposes. |
8 | SUBCHAPTER D |
9 | EMINENT DOMAIN |
10 | Sec. |
11 | 3241. Appropriation of interest in real property. |
12 | § 3241. Appropriation of interest in real property. |
13 | (a) General rule.--Except as provided in this subsection, a |
14 | corporation empowered to transport, sell or store natural gas or |
15 | manufactured gas in this Commonwealth may appropriate an |
16 | interest in real property located in a storage reservoir or |
17 | reservoir protective area for injection, storage and removal |
18 | from storage of natural gas or manufactured gas in a stratum |
19 | which is or previously has been commercially productive of |
20 | natural gas. The right granted by this subsection shall not be |
21 | exercised to acquire any of the following for the purpose of gas |
22 | storage: |
23 | (1) An interest in a geological stratum within the area |
24 | of a proposed storage reservoir or reservoir protective area: |
25 | (i) unless the original recoverable oil or gas |
26 | reserves in the proposed storage reservoir have been |
27 | depleted or exhausted by at least 80%; and |
28 | (ii) until the condemnor has acquired the right, by |
29 | grant, lease or other agreement, to store gas in the |
30 | geological stratum underlying at least 75% of the area of |
|
1 | the proposed storage reservoir. |
2 | (2) An interest in a geological stratum within the area |
3 | of a proposed storage reservoir or reservoir protective area |
4 | owned directly or indirectly by a gas company or other person |
5 | engaged in local distribution of natural gas, if the interest |
6 | to be acquired is presently being used by the gas company or |
7 | other person for storage of gas in performance of service to |
8 | customers in its service area. |
9 | (b) Construction.--The following shall apply: |
10 | (1) This chapter authorizes appropriation within a |
11 | storage reservoir or reservoir protective area of the |
12 | following: |
13 | (i) a stratum to be used for storage; |
14 | (ii) any gas reserve remaining a stratum to be used |
15 | for storage; |
16 | (iii) an active or abandoned well or wells drilled |
17 | into a stratum to be used for storage; and |
18 | (iv) the right to enter upon and use the surface of |
19 | lands to: |
20 | (A) locate, recondition, maintain, plug or |
21 | replug an active or abandoned well; or |
22 | (B) operate a well drilled into or through a |
23 | stratum to be used for storage. |
24 | (2) This chapter does not preclude the owner of |
25 | nonstorage strata from drilling wells to produce oil or gas |
26 | from a stratum above or below the storage stratum |
27 | appropriated by another person, but a person appropriating or |
28 | holding storage rights may access, inspect and examine the |
29 | drilling, the completed well, drilling logs and other records |
30 | relating to drilling, equipping or operating the well in |
|
1 | order to determine whether the storage stratum is being |
2 | adequately protected to prevent escape of gas stored therein. |
3 | (3) This chapter does not authorize appropriation of a |
4 | coal or coal measure, regardless of whether it is being |
5 | mined, or an interest in the coal mine or coal measure. |
6 | (c) Activities through appropriated strata.--A person |
7 | drilling, operating, using or plugging a well through a stratum |
8 | appropriated under this chapter shall drill, case, equip, |
9 | operate or plug it in a manner designed to prevent avoidable |
10 | escape of gas that may be stored in the storage stratum. Upon |
11 | violation of this subsection, the court of common pleas of the |
12 | county where the land in question is situated may compel |
13 | compliance by injunction or grant other appropriate relief in an |
14 | action brought by the person storing gas in the storage stratum. |
15 | (d) Prerequisites to appropriation.--Before appropriating |
16 | under this chapter, a person shall attempt to agree with owners |
17 | of interests in the real property involved as to damages payable |
18 | for rights and interests to be appropriated, if the owners can |
19 | be found and are sui juris. If the parties fail to agree, the |
20 | person shall tender a surety bond to the owners to secure them |
21 | in the payment of damages. If the owners refuse to accept the |
22 | bond, cannot be found or are not sui juris, and after reasonable |
23 | notice to the owners by advertisement or otherwise, the bond |
24 | shall be presented for approval to the court of common pleas of |
25 | the county in which the tract of land is situated. Upon the |
26 | approval of the bond by the court, the right of the person to |
27 | appropriate in accordance with the provisions of this chapter |
28 | shall be complete. |
29 | (e) Appointment of viewers.--Upon petition of a property |
30 | owner or a person appropriating under this chapter, the court |
|
1 | shall: |
2 | (1) appoint three disinterested freeholders of the |
3 | county to serve as viewers to assess damages to be paid to |
4 | the property owner for the rights appropriated; |
5 | (2) fix a time for the parties to meet; |
6 | (3) provide notice to the parties; and |
7 | (4) after the viewers have filed their report, fix |
8 | reasonable compensation for the service of the viewers. |
9 | (f) Appeal.--Within 20 days after the filing of a report by |
10 | viewers appointed under subsection (e), a party may appeal and |
11 | proceed to a jury trial as in ordinary cases. |
12 | (g) Requirements.--Nothing in this section shall relieve a |
13 | person operating a storage reservoir from the requirements of |
14 | this chapter. |
15 | SUBCHAPTER E |
16 | ENFORCEMENT AND REMEDIES |
17 | Sec. |
18 | 3251. Conferences. |
19 | 3252. Public nuisances. |
20 | 3253. Enforcement orders. |
21 | 3254. Restraining violations. |
22 | 3255. Penalties. |
23 | 3256. Civil penalties. |
24 | 3257. Existing rights and remedies preserved and cumulative |
25 | remedies authorized. |
26 | 3258. Production of materials, witnesses, depositions and |
27 | rights of entry. |
28 | 3259. Unlawful conduct. |
29 | 3260. Collection of fines and penalties. |
30 | 3261. Third-party liability. |
|
1 | § 3251. Conferences. |
2 | (a) General rule.--The department or any person having a |
3 | direct interest in a matter subject to this chapter may, at any |
4 | time, request that a conference be held to discuss and attempt |
5 | to resolve by mutual agreement a matter arising under this |
6 | chapter. Unless otherwise provided, conferences shall be held |
7 | within 90 days after a request is received by the department, |
8 | and notice shall be given by the department to all interested |
9 | parties. A representative of the department shall attend the |
10 | conference and the department may make recommendations. An |
11 | agreement reached at a conference shall be consistent with this |
12 | chapter and, if approved by the department, it shall be reduced |
13 | to writing and shall be effective, unless reviewed and rejected |
14 | by the department within ten days after the conference. The |
15 | record of an agreement approved by the department shall be kept |
16 | on file by the department and copies shall be furnished to the |
17 | parties. The scheduling of a conference shall have no effect on |
18 | the department's authority to issue orders to compel compliance |
19 | with this chapter. |
20 | (b) Notification.--When a coal operator is to be notified of |
21 | a proceeding under this section, the department simultaneously |
22 | shall send a copy of the notice to the collective bargaining |
23 | representative of employees of the coal operator. |
24 | § 3252. Public nuisances. |
25 | A violation of section 3216 (relating to well site |
26 | restoration), 3217 (relating to protection of fresh groundwater |
27 | and casing requirements), 3218 (relating to protection of water |
28 | supplies), 3219 (relating to use of safety devices) or 3220 |
29 | (relating to plugging requirements), or a rule, regulation, |
30 | order, term or condition of a permit relating to any of those |
|
1 | sections constitutes a public nuisance. |
2 | § 3253. Enforcement orders. |
3 | (a) General rule.--Except as modified by subsections (b), |
4 | (c) and (d), the department may issue orders necessary to aid in |
5 | enforcement of this chapter. An order issued under this chapter |
6 | shall take effect upon notice, unless the order specifies |
7 | otherwise. The power of the department to issue an order under |
8 | this chapter is in addition to any other remedy available to the |
9 | department under this chapter or under any other law. |
10 | (b) Suspension and revocation.--The department may suspend |
11 | or revoke a well permit or well registration for any well in |
12 | continuing violation of this chapter, the act of June 22, 1937 |
13 | (P.L.1987, No.394), known as The Clean Streams Law, the act of |
14 | July 7, 1980 (P.L.380, No.97), known as the Solid Waste |
15 | Management Act, any other statute administered by the department |
16 | or a rule or regulation. The right of the department to revoke a |
17 | permit or registration under this subsection shall not be |
18 | effective until a final administrative determination has been |
19 | made of the violation and no appeal is pending in which a stay |
20 | has been granted. A suspension order of the department shall |
21 | automatically terminate if the violation upon which it is based |
22 | is corrected by the operator to bring the well into compliance |
23 | with this chapter. |
24 | (c) Written notice.--Prior to suspension or revocation of a |
25 | well permit or registration, the department shall serve written |
26 | notice on the well operator or its agent, stating specifically |
27 | the statutory provision, rule, regulation or other reason relied |
28 | upon, along with factual circumstances surrounding the alleged |
29 | violation. The well operator shall have 15 days to request a |
30 | conference with the department to show cause why action should |
|
1 | not be taken. Upon receipt of a request, the department shall |
2 | hold a conference and render a decision within 15 days after the |
3 | conference. The department shall provide written notice of the |
4 | decision to the well operator or its agent, which shall become |
5 | effective upon receipt. If the decision is to suspend or revoke |
6 | the permit or registration, the department may order the |
7 | operator to cap the well if the likely result of the violation | <-- |
8 | is an unsafe operation or environmental damage. |
9 | (d) Immediate orders.--An order of the department requiring |
10 | immediate cessation of drilling operations shall be effective |
11 | only if authorized by the secretary or by the Executive Deputy |
12 | Secretary for Environmental Protection. |
13 | (e) Grievances.--A person aggrieved by a department order |
14 | issued under this section shall have the right, within 30 days |
15 | of receipt of the notice, to appeal to the Environmental Hearing |
16 | Board. |
17 | (f) Inspection reports.--The department shall post |
18 | inspection reports on its publicly accessible Internet website. |
19 | The inspection reports shall include: |
20 | (1) The nature and description of violations. |
21 | (2) The operator's written response to the violation, if |
22 | available. |
23 | (3) The status of the violation. |
24 | (4) The remedial steps taken by the operator or the |
25 | department to address the violation. |
26 | § 3254. Restraining violations. |
27 | (a) General rule.--In addition to any other remedy provided |
28 | in this chapter, the department may institute a suit in equity |
29 | in the name of the Commonwealth for an injunction to restrain a |
30 | violation of this chapter or rules, regulations, standards or |
|
1 | orders adopted or issued under this chapter and to restrain the |
2 | maintenance or threat of a public nuisance. Upon motion of the |
3 | Commonwealth, the court shall issue a prohibitory or mandatory |
4 | preliminary injunction if it finds that the defendant is |
5 | engaging in unlawful conduct, as defined by this chapter, or |
6 | conduct causing immediate and irreparable harm to the public. |
7 | The Commonwealth shall not be required to furnish bond or other |
8 | security in connection with the proceeding. In addition to an |
9 | injunction, the court in equity may level civil penalties as |
10 | specified in section 3256 (relating to civil penalties). |
11 | (b) District attorney.--In addition to other remedies in |
12 | this chapter, upon relation of the district attorney of a county |
13 | affected, or upon relation of the solicitor of a municipality |
14 | affected, an action in equity may be brought in a court of |
15 | competent jurisdiction for an injunction to restrain a violation |
16 | of this chapter or rules and regulations promulgated under this |
17 | chapter or to restrain a public nuisance or detriment to health. |
18 | (c) Concurrent penalties.--Penalties and remedies under this |
19 | chapter shall be deemed concurrent. Existence or exercise of one |
20 | remedy shall not prevent the department from exercising another |
21 | remedy at law or in equity. |
22 | (d) Jurisdiction.--Actions under this section may be filed |
23 | in the appropriate court of common pleas or in Commonwealth |
24 | Court, and those courts are hereby granted jurisdiction to hear |
25 | actions under this section. |
26 | § 3255. Penalties. |
27 | (a) General violation.--A person violating a provision of |
28 | this chapter commits a summary offense and, upon conviction, |
29 | shall be sentenced to pay a fine of not more than $1,000 or to |
30 | imprisonment of not more than 90 days, or both. Each day during |
|
1 | which the violation continues is a separate and distinct |
2 | offense. |
3 | (b) Willful violation.--A person willfully violating a |
4 | provision of this chapter or an order of the department issued |
5 | under this chapter commits a misdemeanor and, upon conviction, |
6 | shall be sentenced to pay a fine of not more than $5,000 or to |
7 | imprisonment of not more than one year, or both. Each day during |
8 | which the violation continues is a separate and distinct |
9 | offense. |
10 | (c) Authority.--The department may institute a prosecution |
11 | against any person or municipality for a violation of this |
12 | chapter. |
13 | § 3256. Civil penalties. |
14 | In addition to other remedies available at law or in equity |
15 | for a violation of this chapter, a rule or regulation of the |
16 | department or a departmental order or a permit condition, the |
17 | department, after a hearing, may assess a civil penalty |
18 | regardless of whether the violation was willful. The penalty |
19 | shall not exceed $25,000 plus $1,000 for each day during which |
20 | the violation continues, or in the case of a violation arising |
21 | from the construction, alteration or operation of an |
22 | unconventional well, $75,000 plus $5,000 for each day during |
23 | which the violation continues. In determining the amount, the |
24 | department shall consider willfulness of the violation, damage |
25 | or injury to natural resources of this Commonwealth or their |
26 | uses, endangerment of safety of others, the cost of remedying |
27 | the harm, savings resulting to the violator as a result of the |
28 | violation and any other relevant factor. The penalty shall be |
29 | payable to the Commonwealth and collectible in any manner |
30 | provided at law for collection of debts. If a violator neglects |
|
1 | or refuses to pay the penalty after demand, the amount, together |
2 | with interest and costs that may accrue, shall become a lien in |
3 | favor of the Commonwealth on the real and personal property of |
4 | the violator, but only after the lien has been entered and |
5 | docketed of record by the prothonotary of the county where the |
6 | property is situated. The department may at any time transmit to |
7 | the prothonotaries of the various counties certified copies of |
8 | all liens. It shall be the duty of each prothonotary to enter |
9 | and docket the liens of record in the prothonotary's office and |
10 | index them as judgments are indexed, without requiring payment |
11 | of costs as a condition precedent to entry. |
12 | § 3257. Existing rights and remedies preserved and cumulative |
13 | remedies authorized. |
14 | Nothing in this chapter estops the Commonwealth or a district |
15 | attorney from proceeding in a court of law or in equity to abate |
16 | pollution forbidden under this chapter or a nuisance under |
17 | existing law. It is hereby declared to be the purpose of this |
18 | chapter to provide additional and cumulative remedies to control |
19 | activities related to drilling for, or production of, oil and |
20 | gas in this Commonwealth, and nothing contained in this chapter |
21 | abridges or alters rights of action or remedies existing, or |
22 | which existed previously, in equity or under common or statutory |
23 | law, criminal or civil. Neither this chapter, the grant of a |
24 | permit under this chapter nor an act done by virtue of this |
25 | chapter estops the Commonwealth, in exercising rights under |
26 | common or decisional law or in equity, from suppressing a |
27 | nuisance, abating pollution or enforcing common law or statutory |
28 | rights. No court of this Commonwealth with jurisdiction to abate |
29 | public or private nuisances shall be deprived of jurisdiction in |
30 | an action to abate a private or public nuisance instituted by |
|
1 | any person on grounds that the nuisance constitutes air or water |
2 | pollution. |
3 | § 3258. Production of materials, witnesses, depositions and |
4 | rights of entry. |
5 | (a) General rule.--The department may make inspections, |
6 | conduct tests or sampling or examine books, papers and records |
7 | pertinent to a matter under investigation under this chapter to |
8 | determine compliance with this chapter. For this purpose, the |
9 | duly authorized agents and employees of the department may at |
10 | all reasonable times enter and examine any involved property, |
11 | facility, operation or activity. |
12 | (b) Access.--The owner, operator or other person in charge |
13 | of a property, facility, operation or activity under this |
14 | chapter, upon presentation of proper identification and purpose |
15 | for inspection by agents or employees of the department, shall |
16 | provide free and unrestricted entry and access. Upon refusal, |
17 | the agent or employee may obtain a search warrant or other |
18 | suitable order authorizing entry and inspection. It shall be |
19 | sufficient to justify issuance of a search warrant authorizing |
20 | examination and inspection if: |
21 | (1) there is probable cause to believe that the object |
22 | of the investigation is subject to regulation under this |
23 | chapter; and |
24 | (2) access, examination or inspection is necessary to |
25 | enforce the provisions of this chapter. |
26 | (c) Witnesses.--In any part of this Commonwealth, the |
27 | department may subpoena witnesses, administer oaths, examine |
28 | witnesses, take testimony and compel production of books, |
29 | records, maps, plats, papers, documents and other writings |
30 | pertinent to proceedings or investigations conducted by the |
|
1 | department under this chapter. Upon refusal to obey a subpoena |
2 | by any person and on application of the department, a court may |
3 | enforce a subpoena in contempt proceedings. Fees for serving a |
4 | subpoena shall be the same as those paid to sheriffs for similar |
5 | services. |
6 | (d) Deposition.--The department or a party to a proceeding |
7 | before the department may cause the deposition of a witness who |
8 | resides in or outside of this Commonwealth to be taken in the |
9 | manner prescribed by law for taking depositions in civil |
10 | actions. |
11 | (e) Witness fee.--Witnesses summoned before the department |
12 | shall be paid the same fees as are paid to witnesses in courts |
13 | of record of general jurisdiction. Witnesses whose depositions |
14 | are taken under this chapter, and the officers taking those |
15 | depositions, shall be entitled to the same fees as those paid |
16 | for like services in court. |
17 | (f) Purchasers.--Upon request, a purchaser of oil or gas |
18 | shall provide the department information necessary to determine |
19 | ownership of facilities from which the purchaser obtained oil or |
20 | gas. The information shall be kept confidential for a period of |
21 | five years and the department may utilize it in enforcement |
22 | proceedings. The department may request information under this |
23 | section only when a well does not comply with section 3211(h) |
24 | (relating to well permits). |
25 | § 3259. Unlawful conduct. |
26 | It shall be unlawful for any person to: |
27 | (1) Drill, alter, operate or utilize an oil or gas well |
28 | without a permit or registration from the department as |
29 | required by this chapter or in violation of rules or |
30 | regulations adopted under this chapter, orders of the |
|
1 | department or a term or condition of a permit issued by the |
2 | department. |
3 | (2) Conduct an activity related to drilling for, or |
4 | production of, oil and gas: |
5 | (i) contrary to this chapter, rules or regulations |
6 | adopted under this chapter, an order of the department or |
7 | a term or condition of a permit issued by the department; |
8 | or |
9 | (ii) in any manner as to create a public nuisance or |
10 | adversely affect public health, safety, welfare or the |
11 | environment. |
12 | (3) Refuse, obstruct, delay or threaten an agent or |
13 | employee of the department acting in the course of lawful |
14 | performance of a duty under this chapter, including, but not |
15 | limited to, entry and inspection. |
16 | (4) Attempt to obtain a permit or identify a well as an |
17 | orphan well by misrepresentation or failure to disclose all |
18 | relevant facts. |
19 | (5) Cause abandonment of a well by removal of casing or |
20 | equipment necessary for production without plugging the well |
21 | in the manner prescribed under section 3220 (relating to |
22 | plugging requirements), except that the owner or operator of |
23 | a well may temporarily remove casing or equipment necessary |
24 | for production, but only if it is part of the normal course |
25 | of production activities. |
26 | § 3260. Collection of fines and penalties. |
27 | Fines and penalties shall be collectible in a manner provided |
28 | by law for collection of debts. If a person liable to pay a |
29 | penalty neglects or refuses to pay after demand, the amount, |
30 | together with interest and costs that may accrue, shall be a |
|
1 | judgment in favor of the Commonwealth on the person's property, |
2 | but only after the judgment has been entered and docketed of |
3 | record by the prothonotary of the county where the property is |
4 | situated. The department may transmit to prothonotaries of the |
5 | various counties certified copies of all judgments, and it shall |
6 | be the duty of each prothonotary to enter and docket them of |
7 | record in the prothonotary's office and index them as judgments |
8 | are indexed, without requiring payment of costs as a condition |
9 | precedent to entry. |
10 | § 3261. Third-party liability. |
11 | If a person other than a well operator renders a service or |
12 | product to a well or well site, that person is jointly and |
13 | severally liable with the well owner or operator for violations |
14 | of this chapter arising out of and caused by the person's |
15 | actions at the well or well site. |
16 | SUBCHAPTER F |
17 | (RESERVED) |
18 | SUBCHAPTER G |
19 | MISCELLANEOUS PROVISIONS |
20 | Sec. |
21 | 3291. Well plugging funds. |
22 | 3292. Local ordinances. |
23 | 3293. Effect on department authority. |
24 | 3294. Relationship to solid waste and surface mining. |
25 | 3295. Regulatory authority. |
26 | § 3291. Well plugging funds. |
27 | (a) Appropriation.--Fines, civil penalties and permit and |
28 | registration fees collected under this chapter are appropriated |
29 | to the department to carry out the purposes of this chapter. |
30 | (b) Surcharge.--To aid in indemnifying the Commonwealth for |
|
1 | the cost of plugging abandoned wells, a $50 surcharge is added |
2 | to the permit fee established by the department under section |
3 | 3211 (relating to well permits) for new wells. Money collected |
4 | as a result of the surcharge shall be paid into a restricted |
5 | revenue account in the State Treasury to be known as the |
6 | Abandoned Well Plugging Fund and expended by the department to |
7 | plug abandoned wells threatening the health and safety of |
8 | persons or property or pollution of waters of this Commonwealth. |
9 | (c) Orphan Well Plugging Fund.--The following shall apply: |
10 | (1) A restricted revenue account to be known as the |
11 | Orphan Well Plugging Fund is created. A $100 surcharge for |
12 | wells to be drilled for oil production and a $200 surcharge |
13 | for wells to be drilled for gas production are added to the |
14 | permit fee established by the department under section 3211 |
15 | for new wells. The surcharges shall be placed in the Orphan |
16 | Well Plugging Fund and expended by the department to plug |
17 | orphan wells. If an operator rehabilitates a well abandoned |
18 | by another operator or an orphan well, the permit fee and the |
19 | surcharge for the well shall be waived. |
20 | (2) The department shall study its experience in |
21 | implementing this section and shall report its findings to |
22 | the Governor and the General Assembly by August 1, 1992. The |
23 | report shall contain information relating to the balance of |
24 | the fund, number of wells plugged, number of identified wells |
25 | eligible for plugging and recommendations as to alternative |
26 | funding mechanisms. |
27 | (3) Expenditures by the department for plugging orphan |
28 | wells are limited to fees collected under this chapter. No |
29 | money from the General Fund shall be expended for this |
30 | purpose. |
|
1 | § 3292. Local ordinances. |
2 | Except with respect to ordinances adopted under the act of |
3 | July 31, 1968 (P.L.805, No.247), known as the Pennsylvania |
4 | Municipalities Planning Code, the act of October 4, 1978 |
5 | (P.L.851, No.166), known as the Flood Plain Management Act, and |
6 | the act of March 31, 1927 (P.L.98, No.69), referred to as the |
7 | Second Class City Zoning Law, local ordinances and enactments |
8 | purporting to regulate oil and gas well operations regulated by |
9 | this chapter are preempted and superseded by this chapter to the |
10 | extent the ordinances and enactments regulate the method of oil |
11 | and gas well operations. No ordinances or enactments adopted |
12 | under those acts shall impose conditions, requirements or |
13 | limitations on the method of oil and gas well operations | <-- |
14 | regulated by this chapter or attempt to accomplish the purposes |
15 | of this chapter. Nothing in this chapter shall affect the |
16 | traditional power of local government to regulate zoning and |
17 | land development of oil and gas activities as well as other |
18 | aspects, such as the time and the place of operations to protect |
19 | the health, safety and welfare of the general public through |
20 | local ordinances and enactments that are inconsistent with this | <-- |
21 | part. |
22 | § 3293. Effect on department authority. |
23 | This chapter does not affect, limit or impair any right or |
24 | authority of the department under the act of June 22, 1937 |
25 | (P.L.1987, No.394), known as The Clean Streams Law, the act of |
26 | January 8, 1960 (1959 P.L.2119, No.787), known as the Air |
27 | Pollution Control Act, the act of November 26, 1978 (P.L.1375, |
28 | No.325), known as the Dam Safety and Encroachments Act or the |
29 | act of July 7, 1980 (P.L.380, No.97), known as the Solid Waste |
30 | Management Act. |
|
1 | § 3294. Relationship to solid waste and surface mining. |
2 | (a) General rule.--The obligation to obtain a permit and |
3 | post a bond under Articles III and V of the act of July 7, 1980 |
4 | (P.L.380, No.97), known as the Solid Waste Management Act, and |
5 | to provide public notice under section 1905-A(b)(1)(v) of the |
6 | act of April 9, 1929 (P.L.177, No.175), known as The |
7 | Administrative Code of 1929, for any pit, impoundment, method or |
8 | facility employed for the disposal, processing or storage of |
9 | residual wastes generated by the drilling of an oil or gas well |
10 | or from the production of wells which is located on the well |
11 | site, shall be considered to have been satisfied if the owner or |
12 | operator of the well meets the following conditions: |
13 | (1) the well is permitted under the requirements of |
14 | section 3211 (relating to well permits) or registered under |
15 | section 3213 (relating to well registration and |
16 | identification); |
17 | (2) the owner or operator has satisfied the financial |
18 | security requirements of section 3215 (relating to well | <-- |
19 | location restrictions) 3225 (relating to bonding) by | <-- |
20 | obtaining a surety or collateral bond for the well and well |
21 | site; and |
22 | (3) the owner or operator maintains compliance with this |
23 | chapter and applicable regulations of the Environmental |
24 | Quality Board. |
25 | (b) Noncoal surface mining.--Obligations under the act of |
26 | December 19, 1984 (P.L.1093, No.219), known as the Noncoal |
27 | Surface Mining Conservation and Reclamation Act, or a rule or |
28 | regulation promulgated thereunder, for any borrow area where |
29 | minerals are extracted solely for the purpose of oil and gas |
30 | well development, including access road construction, shall be |
|
1 | considered to have been satisfied if the owner or operator of |
2 | the well meets the conditions imposed under subsection (a)(1) |
3 | and (2) and maintains compliance with this chapter and |
4 | applicable regulations of the Environmental Quality Board. |
5 | (c) Solid Waste Management Act.--This section does not |
6 | diminish or otherwise affect duties or obligations of an owner |
7 | or operator under the Solid Waste Management Act. This section |
8 | does not apply to waste classified as hazardous waste under the |
9 | Solid Waste Management Act or the Resource Conservation and |
10 | Recovery Act of 1976 (Public Law 94-580, 90 Stat. 2795, 42 |
11 | U.S.C. § 6901 et seq.). |
12 | (d) Definition.--As used in this section and sections 3216 |
13 | (relating to well site restoration) and 3225 (relating to |
14 | bonding), the term "well site" means areas occupied by all |
15 | equipment or facilities necessary for or incidental to drilling, |
16 | production or plugging a well. |
17 | § 3295. Regulatory authority. |
18 | The Environmental Quality Board shall adopt regulations to |
19 | implement this chapter. |
20 | CHAPTER 33 | <-- |
21 | MODEL ORDINANCE | <-- |
22 | Sec. |
23 | 3301. Model municipal ordinance. |
24 | 3302. Local ordinance. |
25 | § 3301. Model municipal ordinance. |
26 | (a) Purposes.--The purposes of this section are as follows: |
27 | (1) To optimize the development and use of this |
28 | Commonwealth's oil and gas reserves by increasing reasonable |
29 | consistency in zoning and other municipal regulation. |
30 | (2) To foster expeditious and efficient handling of |
|
1 | municipal oil and gas permitting procedures. |
2 | (3) To allow municipalities to enact regulations under |
3 | the act of July 31, 1968 (P.L.805, No.247), known as the |
4 | Pennsylvania Municipalities Planning Code, and the act of |
5 | October 4, 1978 (P.L.851, No.166), known as the Flood Plain |
6 | Management Act, insofar as the regulation is authorized by |
7 | section 3302 (relating to local ordinance) and this section. |
8 | (b) Authority.--The commission shall develop and adopt a |
9 | model ordinance to fulfill the purposes of this section. |
10 | (c) Adoption of provisions.-- |
11 | (1) Within 120 days of the effective date of this |
12 | section, the commission shall, by majority vote, adopt a |
13 | model ordinance for counties and municipalities pertaining to |
14 | oil and gas drilling activities in accordance with the |
15 | Pennsylvania Municipalities Planning Code, as applicable, the |
16 | Flood Plain Management Act and this section. |
17 | (2) The model zoning ordinance shall do all of the |
18 | following: |
19 | (i) Authorize oil and gas development as a permitted |
20 | use by right in all zoning districts except residential |
21 | districts. The commission may develop a model zoning |
22 | ordinance that allows oil and gas development in |
23 | residential zoning districts by conditional use or |
24 | special exception with conditions dependent on the |
25 | density of existing uses within the district and the |
26 | isolation distances achievable in each residential |
27 | district. |
28 | (ii) Authorize natural gas compression stations: |
29 | (A) as a permitted use by right in all |
30 | agricultural, industrial and commercial districts; |
|
1 | and |
2 | (B) as a conditional use in all other zoning |
3 | districts. |
4 | (iii) Authorize natural gas processing plants: |
5 | (A) as a permitted use by right in all |
6 | industrial districts; and |
7 | (B) as a conditional use or special exception in |
8 | agricultural districts. |
9 | (3) The model zoning ordinance shall not do any of the |
10 | following: |
11 | (i) Impose limitations on the hours of operation on |
12 | drilling operations. |
13 | (ii) Impose limitations on noise, light, height or |
14 | security or fencing on drilling operations, natural gas |
15 | compressor stations or natural gas processing plants if |
16 | the limitations are more stringent than limitations |
17 | imposed on construction activities for other similar land |
18 | uses. The model zoning ordinance may include limitations |
19 | on noise, light, height and security and fencing for |
20 | equipment or processes which are unique to the gas |
21 | industry and which are rational, nondiscriminatory and |
22 | reasonably defensible in the particular zone where they |
23 | apply. |
24 | (iii) Have a permit review period for uses by right |
25 | that exceeds 30 days for complete and responsive |
26 | submissions. |
27 | (iv) Impose restrictions on vehicular access routes |
28 | for overweight vehicles except as authorized under: |
29 | (A) 75 Pa.C.S. (relating to vehicles); or |
30 | (B) the Pennsylvania Municipalities Planning |
|
1 | Code. |
2 | (v) Regulate storm water, erosion and sedimentation |
3 | control or grading where the use is subject to regulation |
4 | by the department through an Erosion and Sedimentation |
5 | Control General Permit or similar permit. |
6 | (4) Nothing in this subsection shall limit or preempt a |
7 | county or municipality from action pursuant to the act of |
8 | October 4, 1978 (P.L.864, No.167), known as the Storm Water |
9 | Management Act. |
10 | (d) Effect of model ordinance.--An ordinance adopted by a |
11 | county or municipality to regulate oil and gas shall not contain |
12 | more stringent standards than the model ordinance adopted by the |
13 | commission. |
14 | (e) Timing.--The commission shall publish the adopted model |
15 | ordinance in the Pennsylvania Bulletin immediately after its |
16 | adoption and shall disseminate information about the model |
17 | ordinance through the Department of Community and Economic |
18 | Development, municipal associations and other means as the |
19 | commission shall deem appropriate. The costs of the notification |
20 | shall be borne by the Department of Community and Economic |
21 | Development. |
22 | (f) Miscellaneous.--The commission shall review the model |
23 | ordinance annually. Proposed amendments shall be published in |
24 | the Pennsylvania Bulletin within 30 days after their adoption. |
25 | (g) Ordinance.--(Reserved). |
26 | (h) Effective date of model ordinance.--The model ordinance |
27 | shall take effect 70 days following the commission's publication |
28 | of the ordinance in the Pennsylvania Bulletin under this |
29 | section. |
30 | § 3302. Local ordinance. |
|
1 | Nothing in this chapter shall impair or infringe upon the |
2 | preemption or supersedure of the regulation of gas wells under |
3 | section 602 of the act of December 19, 1984 (P.L.1140, No.223), |
4 | known as the Oil and Gas Act. |
5 | CHAPTER 33 | <-- |
6 | LOCAL ORDINANCES RELATING TO |
7 | OIL AND GAS OPERATIONS |
8 | Sec. |
9 | 3301. Scope of chapter. |
10 | 3302. Definitions. |
11 | 3303. Local ordinances. |
12 | 3304. Review by Attorney General. |
13 | 3305. Civil actions. |
14 | 3306. Commonwealth Court masters. |
15 | 3307. Attorney fees and costs. |
16 | 3308. Sanction. |
17 | 3309. Provisions of local ordinances. |
18 | 3310. Applicability. |
19 | § 3301. Scope of chapter. |
20 | The purposes of this chapter are to: |
21 | (1) Allow municipalities to efficiently regulate oil and |
22 | gas operations consistent with their authority under the act |
23 | of July 31, 1968 (P.L.805, No.247), known as the Pennsylvania |
24 | Municipalities Planning Code. |
25 | (2) Foster the expeditious and efficient handling of |
26 | municipal oil and gas procedures. |
27 | (3) Clarify the role of all Federal and State agencies |
28 | and municipal governments with regard to oil and gas |
29 | development activities. |
30 | § 3302. Definitions. |
|
1 | The following words and phrases when used in this chapter |
2 | shall have the meanings given to them in this section unless the |
3 | context clearly indicates otherwise: |
4 | "Building." An occupied structure with walls and roof within |
5 | which individuals live or customarily work. |
6 | "Environment acts." All statutes enacted by the Commonwealth |
7 | relating to the protection of the environment or the protection |
8 | of public health, safety and welfare, that are administered and |
9 | enforced by the department or by another Commonwealth agency, |
10 | including an independent agency, and all Federal statutes |
11 | relating to the protection of the environment, to the extent |
12 | those statutes regulate oil and gas operations. |
13 | "Local government." A county, city, borough, incorporated |
14 | town or township of this Commonwealth. |
15 | "Local ordinance." An ordinance adopted by a local |
16 | government that regulates oil and gas operations. |
17 | "MPC." The act of July 31, 1968 (P.L.805, No.247), known as |
18 | the Pennsylvania Municipalities Planning Code. |
19 | "Oil and gas operations." The term includes the following: |
20 | (1) well location assessment, including seismic |
21 | operations, well site preparation, construction, drilling, |
22 | hydraulic fracturing and site restoration associated with an |
23 | oil or gas well of any depth; |
24 | (2) water and other fluid storage or impoundment areas |
25 | used exclusively for oil and gas operations; |
26 | (3) construction, installation, use, maintenance and |
27 | repair of: |
28 | (i) oil and gas pipelines; |
29 | (ii) natural gas compressor stations; and |
30 | (iii) natural gas processing plants or facilities |
|
1 | performing equivalent functions; and |
2 | (4) construction, installation, use, maintenance and |
3 | repair of all equipment directly associated with activities |
4 | specified in paragraphs (1), (2) and (3), to the extent that: |
5 | (i) the equipment is necessarily located at or |
6 | immediately adjacent to a well site, impoundment area, |
7 | oil and gas pipeline, natural gas compressor station or |
8 | natural gas processing plant; and |
9 | (ii) the activities are authorized and permitted |
10 | under the authority of a Federal or Commonwealth agency. |
11 | "Permitted use." A use which, upon submission of notice to |
12 | and receipt of a permit issued by a zoning officer or equivalent |
13 | official, is authorized to be conducted without restrictions |
14 | other than those set forth in section 3309 (relating to |
15 | provisions of local ordinances). |
16 | § 3303. Local ordinances. |
17 | (a) General rule.--A local ordinance may only be enacted |
18 | pursuant to the MPC, the act of March 31, 1927 (P.L.98, No.69), |
19 | referred to as the Second Class City Zoning Law, or the act of |
20 | October 4, 1978 (P.L.851, No.166), known as the Flood Plain |
21 | Management Act, as applicable, and shall provide for the |
22 | reasonable development of minerals within the local government |
23 | in accordance with the provisions of section 603(i) of the MPC |
24 | and this chapter. |
25 | (b) Limitation.--Except as provided in this chapter, a local |
26 | ordinance shall not conflict with and shall not regulate oil and |
27 | gas operations covered by the environment acts, except to the |
28 | extent that the environment acts provide the authority. |
29 | (c) Construction.--Nothing in this chapter shall be |
30 | construed to impair or infringe on the preemption provisions of |
|
1 | section 3292 (relating to local ordinances). |
2 | § 3304. Review by Attorney General. |
3 | (a) Request of owner or operator.--An owner or operator of |
4 | an oil and gas operation, or any person having the right to |
5 | royalty payments under a lease of oil or gas mineral rights, may |
6 | request the Attorney General to review a local ordinance to |
7 | determine whether it allows for the reasonable development of |
8 | oil and gas resources in accordance with the provisions |
9 | specifically addressed in this chapter, Chapter 32 (relating to |
10 | regulation), the MPC and judicial decisions of the Commonwealth. |
11 | (b) Preenactment review.--A local government may, prior to |
12 | the enactment of a local ordinance, request the Attorney General |
13 | to review the ordinance to determine whether it allows for the |
14 | reasonable development of oil and gas resources in accordance |
15 | with the provisions of this chapter, Chapter 32, the MPC and |
16 | judicial decisions of the Commonwealth. |
17 | (c) Time period for review.--Within 120 days of receiving a |
18 | request under subsection (a) or (b), the Attorney General shall |
19 | advise in writing the person that made the request whether or |
20 | not the Attorney General determines that the local ordinance |
21 | provides for the reasonable development of oil and gas reserves |
22 | and provide a copy of the written determination to the affected |
23 | local government. |
24 | § 3305. Civil actions. |
25 | (a) Attorney General.--The Attorney General may bring an |
26 | action against a local government in Commonwealth Court to |
27 | invalidate or enjoin the enforcement of a local ordinance that |
28 | does not allow for the reasonable development of oil and gas |
29 | resources. |
30 | (b) Private right of action.-- |
|
1 | (1) Notwithstanding any provision of 42 Pa.C.S. Ch. 85 |
2 | Subch. C (relating to actions against local parties), any |
3 | person who is aggrieved by the enactment or enforcement of a |
4 | local ordinance that does not allow for the reasonable |
5 | development of oil and gas resources in accordance with the |
6 | provisions of section 3292 (relating to local ordinances) may |
7 | bring an action in Commonwealth Court to invalidate the |
8 | ordinance or enjoin its enforcement. |
9 | (2) An aggrieved person may proceed without first |
10 | obtaining review of the ordinance by the Attorney General or |
11 | may proceed after receiving such review if the Attorney |
12 | General determines that the ordinance fails to comply with |
13 | this chapter but declines to bring an action under subsection |
14 | (a). |
15 | (3) In an action brought relating to the enactment or |
16 | enforcement of a local ordinance, the determination of the |
17 | Attorney General made under section 3304 (relating to review |
18 | by Attorney General) shall become part of the record before |
19 | the court. |
20 | § 3306. Commonwealth Court masters. |
21 | (a) General rule.--The Commonwealth Court may promulgate |
22 | rules for the selection and appointment of masters on a full- |
23 | time or part-time basis to oversee actions brought under section |
24 | 3305 (relating to civil actions). A master must be a member of |
25 | the bar of this Commonwealth. The number and compensation of |
26 | masters shall be fixed by the Commonwealth Court, and their |
27 | compensation shall be paid by the Commonwealth. |
28 | (b) Procedure.-- |
29 | (1) The Commonwealth Court may direct that a hearing in |
30 | an action brought under section 3305 be conducted in the |
|
1 | first instance by the master in the manner provided for in |
2 | this section. |
3 | (2) Upon the conclusion of a hearing before a master, |
4 | the master shall transmit written findings and |
5 | recommendations for disposition to the president judge. |
6 | Prompt written notice and copies of the findings and |
7 | recommendations shall be given to the parties to the |
8 | proceeding. |
9 | (3) The findings and recommendations of the master shall |
10 | become the findings and order of the Commonwealth Court upon |
11 | written confirmation by the president judge. A rehearing may |
12 | be ordered by the president judge at any time upon cause |
13 | shown. |
14 | § 3307. Attorney fees and costs. |
15 | In an action brought under section 3305 (relating to civil |
16 | actions), the court may do any of the following: |
17 | (1) If the court determines that the local government |
18 | enacted or enforced a local ordinance with willful or |
19 | reckless disregard for the limitation of authority |
20 | established under State law, it may order the local |
21 | government to pay the plaintiff reasonable attorney fees and |
22 | other reasonable costs incurred by the plaintiff in |
23 | connection with the action. |
24 | (2) If the court determines that the action brought by |
25 | the plaintiff was frivolous or was brought without |
26 | substantial justification in claiming that the local |
27 | ordinance in question was contrary to the requirements of |
28 | this chapter or Chapter 32 (relating to regulations), the Oil |
29 | and Gas Act, it may order the plaintiff to pay the local |
30 | government reasonable attorney fees and other reasonable |
|
1 | costs incurred by the local government in defending the |
2 | action. |
3 | § 3308. Sanction. |
4 | If the Attorney General, the Commonwealth Court or the |
5 | Supreme Court determines that a local ordinance fails to provide |
6 | for the reasonable development of oil and gas resources, the |
7 | local government enacting or enforcing the local ordinance shall |
8 | be immediately ineligible to receive any funds collected under |
9 | Chapter 23 (relating to drilling impact fee). The local |
10 | government shall remain ineligible to receive funds under |
11 | Chapter 23 until the local government amends or repeals its |
12 | local ordinance in accordance with this chapter. |
13 | § 3309. Provisions of local ordinances. |
14 | In order to allow for the reasonable development of oil and |
15 | gas resources, a local ordinance must, in addition to complying |
16 | with this chapter, Chapter 32 (relating to regulations) the Oil |
17 | and Gas Act, the MPC and judicial decisions of the Commonwealth: |
18 | (1) Allow well and pipeline location assessment |
19 | operations, including seismic operations and related |
20 | activities conducted in accordance with all applicable |
21 | Federal and State laws and regulations relating to the |
22 | storage and use of explosives throughout every local |
23 | government. |
24 | (2) Impose conditions, requirements or limitations on |
25 | oil and gas operations that are no more stringent than |
26 | similar conditions, requirements or limitations imposed on |
27 | construction activities for other land development within the |
28 | zoning district where the oil and gas operations are |
29 | situated. |
30 | (3) Impose conditions, requirements or limitations on |
|
1 | the height of permanent structures, setbacks from property |
2 | lines, screening and fencing, lighting and noise relating to |
3 | oil and gas operations that are no more stringent than |
4 | similar conditions, requirements or limitations imposed on |
5 | industrial uses or what is allowed within the particular |
6 | zoning district within the local government where the oil and |
7 | gas operations are situated or stipulated in or set forth in |
8 | State statute or regulations pertaining to oil and gas |
9 | operations. |
10 | (4) Have a review period for permitted uses that does |
11 | not exceed 30 days for complete submissions or that exceeds |
12 | 120 days for conditional uses. |
13 | (5) Authorize oil and gas operations, other than |
14 | activities in or at impoundment areas, compressor stations |
15 | and processing plants, as a permitted use in all zoning |
16 | districts. |
17 | (5.1) Notwithstanding section 3215 (relating to well |
18 | location restrictions) the oil and gas operations under |
19 | paragraph (5) may be prohibited, or permitted only as a |
20 | conditional use within a residential district where a well |
21 | site cannot be placed so that the wellhead is at least 500 |
22 | feet from any existing building. In a residential district, |
23 | all of the following apply: |
24 | (i) A well site may not be located so that the outer |
25 | edge of the well pad is closer than 300 feet from an |
26 | existing building. |
27 | (ii) Except as set forth in paragraph (5) and in |
28 | this paragraph, oil and gas operations, other than the |
29 | placement, use and repair of oil and gas pipelines, water |
30 | pipelines, access roads or security structures and |
|
1 | fencing, may not take place within 300 feet of an |
2 | existing building. |
3 | (6) Authorize impoundment areas used for oil and gas |
4 | operations as a permitted use in all zoning districts, |
5 | provided that the edge of any impoundment area shall not be |
6 | located closer than 300 feet from an existing building. |
7 | (7) Authorize natural gas compressor stations as a |
8 | permitted use in agriculture and industrial zoning districts |
9 | and as a conditional use in all other zoning districts, if |
10 | the natural gas compressor building meets the following |
11 | conditions: |
12 | (i) is located 750 feet or more from the nearest |
13 | existing building or 200 feet from the nearest lot line, |
14 | whichever is greater, unless waived by the owner of the |
15 | building or adjoining lot; and |
16 | (ii) does not exceed a noise standard of 60dbA at |
17 | the nearest property line or the applicable standard |
18 | imposed by Federal law, whichever is lesser. |
19 | (8) Authorize natural gas processing plants as a |
20 | permitted use in an industrial zoning district and as |
21 | conditional uses in agricultural zoning districts, if the |
22 | natural gas processing plant buildings meet the following |
23 | conditions: |
24 | (i) Unless there is a waiver by the owner of the |
25 | building or adjoining lot, the natural gas processing |
26 | plant building is located at the greater of: |
27 | (A) at least 750 feet from the nearest existing |
28 | building; or |
29 | (B) at least 200 feet from the nearest lot line. |
30 | (ii) The noise level of the natural gas processing |
|
1 | plant at the property line does not exceed the lesser of: |
2 | (A) a noise standard of 60dbA; or |
3 | (B) the applicable standard imposed by Federal |
4 | law. |
5 | (9) Impose restrictions on vehicular access routes for |
6 | overweight vehicles only as authorized under 75 Pa.C.S. |
7 | (relating to vehicles) or the MPC. |
8 | (10) Does not attempt to impose limits or conditions on |
9 | subterranean operations or hours of operation. |
10 | § 3310. Applicability. |
11 | This chapter shall apply to the enforcement of local |
12 | ordinances existing on the date of this section and to the |
13 | enactment or enforcement of local ordinances enacted on or after |
14 | the effective date of this chapter. |
15 | Section 2. Repeals are as follows: |
16 | (1) The General Assembly declares that the repeal under |
17 | paragraph (2) is necessary to effectuate the addition of 58 |
18 | Pa.C.S. Ch. 32. |
19 | (2) The act of December 19, 1984 (P.L.1140, No.223), |
20 | known as the Oil and Gas Act, is repealed. |
21 | Section 3. The addition of 58 Pa.C.S. § 3225(a)(1), (2) and | <-- |
22 | (3) and (c) shall apply to wells drilled after the effective |
23 | date of this section. |
24 | Section 3. This act shall apply as follows: | <-- |
25 | (1) The addition of 58 Pa.C.S. § 3225(a)(1)(iii) shall |
26 | apply to wells drilled after the effective date of this |
27 | section. |
28 | (2) The addition of 58 Pa.C.S. Pt II shall apply to all |
29 | oil and gas deposits and oil and gas development activities |
30 | and operations subject to the jurisdiction of the |
|
1 | Commonwealth. With respect to oil and gas deposits on |
2 | national forest lands identified under section 17(o) of the |
3 | Mineral Leasing Act (106 Stat. 3108, 30 U.S.C. § 226(o)), the |
4 | application of regulations and statutes adopted by the |
5 | Commonwealth shall be the exclusive method and means by which |
6 | any requirements may be imposed on any feature, aspect or |
7 | process of oil and gas operations pertaining to the |
8 | development of the deposits. |
9 | Section 4. The addition of 58 Pa.C.S. Ch. 32 is a |
10 | continuation of the act of December 19, 1984 (P.L.1140, No.223), |
11 | known as the Oil and Gas Act. The following apply: |
12 | (1) Except as otherwise provided in 58 Pa.C.S. Ch. 32, |
13 | all activities initiated under the Oil and Gas Act shall |
14 | continue and remain in full force and effect and may be |
15 | completed under 58 Pa.C.S. Ch. 32. Orders, regulations, rules |
16 | and decisions which were made under the Oil and Gas Act and |
17 | which are in effect on the effective date of section 2(2) of |
18 | this act shall remain in full force and effect until revoked, |
19 | vacated or modified under 58 Pa.C.S. Ch. 32. Contracts, |
20 | obligations and collective bargaining agreements entered into |
21 | under the Oil and Gas Act are not affected nor impaired by |
22 | the repeal of the Oil and Gas Act. |
23 | (2) Except as set forth in paragraph (3), any difference |
24 | in language between 58 Pa.C.S. Ch. 32 and the Oil and Gas Act |
25 | is intended only to conform to the style of the Pennsylvania |
26 | Consolidated Statutes and is not intended to change or affect |
27 | the legislative intent, judicial construction or |
28 | administration and implementation of the Oil and Gas Act. |
29 | (3) Paragraph (2) does not apply to the addition of the |
30 | following provisions: |
|
1 | (i) The following definitions in section 3203: |
2 | (A) "Unconventional formation." |
3 | (B) "Unconventional well." |
4 | (ii) Section 3211(a) introductory paragraph, (b), |
5 | (b.1), (b.2), (d), (e), (e.1)(5), (6) and (7), (f), (g) |
6 | and (k). |
7 | (iii) Section 3215(a), (b), (c) introductory |
8 | paragraph, (6) and (7) and (d), (d) and (e). | <-- |
9 | (iv) Section 3218(a), (b.1), (b.2), (c), (c.1), (d) |
10 | (1), (3), (4) and (5) and (g). |
11 | (v) Section 3218.1. |
12 | (vi) Section 3218.2. |
13 | (vii) Section 3218.3. |
14 | (viii) Section 3218.4. | <-- |
15 | (ix) Section 3218.5. |
16 | (x) Section 3218.6. |
17 | (viii) (xi) Section 3222(a.1), (b), (b.1), (b.2) and | <-- |
18 | (b.3). |
19 | (ix) (xii) Section 3225(a)(1), (2) and (3)(iii) and | <-- |
20 | (iv), (c), (d), (d.1) and (f). |
21 | (x) (xiii) Section 3253(c) and (f). | <-- |
22 | (xi) (xiv) Section 3255(a) and (b). | <-- |
23 | (xii) (xv) Section 3256. | <-- |
24 | (xiii) (xvi) Section 3292. | <-- |
25 | Section 4.1. It is not the intent of the General Assembly to | <-- |
26 | change, repeal or otherwise affect any of the provisions of the |
27 | act of December 18, 1984 (P.L. 1069, No. 214), known as the Coal |
28 | and Gas Resource Coordination Act, or to change, repeal or |
29 | otherwise affect any of the provisions of the act of January 26, |
30 | 2011 (P.L.7, No.2), entitled "An act amending the act of |
|
1 | December 18, 1984 (P.L.1069, No.214), entitled 'An act requiring |
2 | coordination of coal mine and gas well operators; authorizing |
3 | Department of Environmental Resources enforcement powers; and |
4 | providing penalties,' further providing for definitions, for |
5 | permits, for permit application, for minimum distance between |
6 | gas wells, for well class designation and for coordination of |
7 | gas well drilling through active coal mines; providing for a |
8 | pillar support study; and further providing for plugging gas |
9 | wells penetrating workable coal seams, for penalties and for |
10 | validity of other laws," which amended the Coal and Gas Resource |
11 | Coordination Act. |
12 | Section 4.2. Within 180 days of the effective date of this |
13 | section, the Department of Transportation shall, based on |
14 | accurate department records reflecting average historical |
15 | expenses which have been incurred in the repair of excess |
16 | damages and levels of use by industries, including the |
17 | transportation of forest and other products, publish proposed |
18 | regulations to: |
19 | (1) adopt an appropriate method to determine levels of |
20 | financial security, degrees of liability and bonding |
21 | requirements for hauling in excess of posted weight limits on |
22 | State and local roads in counties where there are |
23 | unconventional gas wells; and |
24 | (2) impose bonding requirements based on levels of use |
25 | by industry. |
26 | Section 5. This act shall take effect as follows: |
27 | (1) The following provisions shall take effect |
28 | immediately: |
29 | (i) This section. | <-- |
30 | (ii) The addition of 58 Pa.C.S. § 3301. |
|
1 | (i) The addition of 58 Pa.C.S. § 3301. | <-- |
2 | (ii) Section 4.1 of this act. |
3 | (iii) Section 4.2 of this act. |
4 | (iv) This section. |
5 | (2) Except for the addition of 58 Pa.C.S. § 3301, the |
6 | addition of 58 Pa.C.S. Ch. 33 shall take effect in 30 days. |
7 | (2.1) The addition of 58 Pa.C.S. § 3215 shall take | <-- |
8 | effect in 120 days. |
9 | (3) The addition of 58 Pa.C.S. § 3225 shall take effect |
10 | in 180 days. |
11 | (4) The remainder of this act shall take effect in 60 |
12 | days. |
|