PRINTER'S NO. 1425
No. 1195 Session of 2003
INTRODUCED BY LYNCH, CAUSER, COLEMAN, CORRIGAN, DALEY, FORCIER,
HERSHEY, HORSEY, HUTCHINSON AND McILHATTAN, APRIL 16, 2003
REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY,
APRIL 16, 2003
AN ACT
1 Amending the act of December 19, 1984 (P.L.1140, No.223),
2 entitled "An act relating to the development of oil and gas
3 and coal; imposing duties and powers on the Department of
4 Environmental Resources; imposing notification requirements
5 to protect landowners; and providing for definitions, for
6 various requirements to regulate the drilling and operation
7 of oil and gas wells, for gas storage reservoirs, for various
8 reporting requirements, including certain requirements
9 concerning the operation of coal mines, for well permits, for
10 well registration, for distance requirements, for well casing
11 requirements, for safety device requirements, for storage
12 reservoir obligations, for well bonding requirements, for a
13 Well Plugging Restricted Revenue Account to enforce oil and
14 gas well plugging requirements, for the creation of an Oil
15 and Gas Technical Advisory Board, for oil and gas well
16 inspections, for enforcement and for penalties," further
17 providing for definitions, for protection of fresh
18 groundwater and casing requirements and for well reporting
19 requirements; and providing for orphan wells.
20 The General Assembly of the Commonwealth of Pennsylvania
21 hereby enacts as follows:
22 Section 1. The definition of "abandoned well" in section 103
23 of the act of December 19, 1984 (P.L.1140, No.223), known as the
24 Oil and Gas Act, is amended and the section is amended by adding
25 definitions to read:
26 Section 103. Definitions.
1 The following words and phrases when used in this act shall
2 have the meanings given to them in this section unless the
3 context clearly indicates otherwise:
4 "Abandoned well." Any well that has not been used to
5 produce, extract or inject any gas, petroleum or other liquid
6 within the preceding 12 months, or any well for which the
7 equipment necessary for production, extraction or injection has
8 been removed, or any well, considered dry, not equipped for
9 production within 60 days after drilling, redrilling or
10 deepening, except that it shall not include any well granted
11 inactive status or any well declared by the operator to be a
12 well in reserve by affixing to the well in reserve, in a visible
13 location, a weather resistant sign containing the words "Well in
14 Reserve" in 1.5 inch letters.
15 * * *
16 "Well in reserve." Any well that is capable of production,
17 that has not been declared an environmental, health or safety
18 hazard, but is not being produced at the discretion of the
19 operator for business or economic reasons.
20 * * *
21 Section 2. Section 207 of the act is amended by adding a
22 subsection to read:
23 Section 207. Protection of fresh groundwater; casing
24 requirements.
25 * * *
26 (e) The department may permit produced water from any well
27 drilled prior to April 18, 1985, that is treated to remove any
28 visible oil and grease to be discharged to the surface if the
29 volume at the point of discharge averages less than five barrels
30 per day per well, the depth of the well is less than 3,000 feet
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1 and each point of discharge is more than 200 feet from any water
2 supply.
3 Section 3. Section 212(a) of the act, amended July 2, 1992
4 (P.L.365, No.78), is amended to read:
5 Section 212. Well reporting requirements.
6 (a) Every well operator shall file with the department, on a
7 form provided by the department, an annual report specifying the
8 amount of production on the most well-specific basis available
9 on any well drilled after April 18, 1985. Annual reports shall
10 also specify the status of each well; however, in subsequent
11 years, only changes in the status need be reported. The
12 department shall keep all such reports confidential for five
13 years: Provided, however, That the Commonwealth shall have the
14 right to utilize such information in enforcement proceedings, in
15 making designations or determinations under section 1927-A of
16 the act of April 9, 1929 (P.L.177, No.175), known as The
17 Administrative Code of 1929, or in aggregate form for
18 statistical purposes.
19 * * *
20 Section 4. The act is amended by adding a section to read:
21 Section 601.1. Orphan wells.
22 To aid in the return to production or plugging of orphan
23 wells, any person who returns an orphan well to production or
24 plugs an orphan well shall be entitled to a waiver of the permit
25 fee for a new well permit required by section 201(d) and receive
26 full credit for the bonding required for a new well required by
27 section 215.
28 Section 5. This act shall take effect in 60 days.
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