| PRINTER'S NO. 479 |
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. | 512 | Session of 2013 |
INTRODUCED BY KASUNIC, YUDICHAK, FERLO, SOLOBAY, BAKER, RAFFERTY, KITCHEN, HUGHES, TEPLITZ, ERICKSON, FONTANA, BREWSTER, VULAKOVICH, WAUGH, McILHINNEY, TARTAGLIONE, COSTA, FARNESE, BROWNE AND WASHINGTON, FEBRUARY 20, 2013
REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY, FEBRUARY 20, 2013
AN ACT
1Amending Title 58 (Oil and Gas) of the Pennsylvania Consolidated
2Statutes, in development, further providing for enforcement
3orders.
4The General Assembly of the Commonwealth of Pennsylvania
5hereby enacts as follows:
6Section 1. Section 3253(c) of Title 58 of the Pennsylvania
7Consolidated Statutes, added February 14, 2012 (P.L.87, No.13),
8is amended to read:
9§ 3253. Enforcement orders.
10* * *
11(c) Written notice.--
12(1) Prior to suspension or revocation of a well permit
13or registration, the department shall serve written notice on
14the well operator or its agent, stating specifically the
15statutory provision, regulation or other reason relied upon,
16along with factual circumstances surrounding the alleged
17violation. If the department suspends or revokes the permit
1or registration, the department may order the operator to cap
2the well if the likely result of the violation is an unsafe
3operation or environmental damage.
4(2) If both of the following apply:
5(i) the department issues an enforcement order for a
6continuing violation of any of the following:
7(A) this chapter;
8(B) the Clean Streams Law;
9(C) the Solid Waste Management Act; or
10(D) any other statute administered by the
11department;
12and
13(ii) the likely result of the violation is an unsafe
14operation or environmental damage,
15then the department shall provide a copy of the enforcement
16order and written notice to the surface owner, if the surface
17is owned by a person other than the well operator, and all
18surface users. The notice shall specifically state the
19statutory provision, regulation or other reason relied upon
20and the factual circumstances surrounding the violation which
21serve as the basis for the enforcement order.
22* * *
23Section 2. This act shall take effect in 60 days.