expended by the department to plug orphan wells. If an
operator rehabilitates a well abandoned by another operator
or an orphan well, the permit fee and the surcharge for the
well shall be waived.
(2) Expenditures by the department for plugging orphan
wells shall be limited to fees collected under this act and
58 Pa.C.S. Ch. 32 (relating to development).
Section 902. Local ordinances.
Except with respect to ordinances adopted under the act of
July 31, 1968 (P.L.805, No.247), known as the Pennsylvania
Municipalities Planning Code, and the act of October 4, 1978
(P.L.851, No.166), known as the Flood Plain Management Act, all
local ordinances and enactments purporting to regulate oil and
gas well operations regulated by this act are superseded. No
ordinances or enactments adopted under the Pennsylvania
Municipalities Planning Code or the Flood Plain Management Act
shall impose conditions, requirements or limitations on the same
features of oil and gas well operations regulated by this act or
that accomplish the same purposes as set forth in this act. The
Commonwealth, by this enactment, preempts and supersedes the
regulation of oil and gas wells.
Section 903. Effect on department authority.
This act does not affect, limit or impair the right or
authority of the department under the act of June 22, 1937
(P.L.1987, No.394), known as The Clean Streams Law, the act of
January 8, 1960 (1959 P.L.2119, No.787), known as the Air
Pollution Control Act, the act of November 26, 1978 (P.L.1375,
No.325), known as the Dam Safety and Encroachments Act, and the
act of July 7, 1980 (P.L.380, No.97), known as the Solid Waste
Management Act.
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