Bill Text: PA HB1346 | 2011-2012 | Regular Session | Introduced

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Bill Title: Further providing for well permits and well location restrictions.

Spectrum: Moderate Partisan Bill (Democrat 24-4)

Status: (Introduced - Dead) 2011-04-13 - Referred to ENVIRONMENTAL RESOURCES AND ENERGY [HB1346 Detail]

Download: Pennsylvania-2011-HB1346-Introduced.html

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PRINTER'S NO. 1556
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1346 Session of2011
INTRODUCED BY BOBACK, BRADFORD, CALTAGIRONE, CARROLL, COHEN, D. COSTA, FABRIZIO, GEORGE, GERBER, GOODMAN, HALUSKA, HANNA, JOHNSON, JOSEPHS, MULLERY, MUNDY, MURPHY, PASHINSKI, PAYTON, READSHAW, SABATINA, SCHRODER, STURLA, WAGNER, WATSON AND WHITE, APRIL 13, 2011
REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY, APRIL 13, 2011
AN ACT
Amending the act of December 19, 1984 (P.L.1140, No.223),
entitled "An act relating to the development of oil and gas
and coal; imposing duties and powers on the Department of
Environmental Resources; imposing notification requirements
to protect landowners; and providing for definitions, for
various requirements to regulate the drilling and operation
of oil and gas wells, for gas storage reservoirs, for various
reporting requirements, including certain requirements
concerning the operation of coal mines, for well permits, for
well registration, for distance requirements, for well casing
requirements, for safety device requirements, for storage
reservoir obligations, for well bonding requirements, for a
Well Plugging Restricted Revenue Account to enforce oil and
gas well plugging requirements, for the creation of an Oil
and Gas Technical Advisory Board, for oil and gas well
inspections, for enforcement and for penalties," further
providing for well permits and well location restrictions.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 201(b) of the act of December 19, 1984
(P.L.1140, No.223), known as the Oil and Gas Act, is amended and
the section is amended by adding a subsection to read:
Section 201. Well permits.
* * *
(b) (1) The permit application shall be accompanied by a
plat prepared by a competent engineer or a competent
surveyor, on forms to be furnished by the department, showing
the political subdivision and county in which the tract of
land upon which the well to be drilled is located, the name
of the surface landowner of record and lessor, the name of
all surface landowners or water purveyors whose water
supplies are within [1,000] 5,500 feet of the proposed well
location, the name of the owner of record or operator of all
known underlying workable coal seams, if any, the acreage in
the tract to be drilled, the proposed location of the well
determined by survey, the courses and distances of such
location from two or more permanent identifiable points or
landmarks on said tract boundary corners, the proposed angle
and direction of such well, if the well is to be deviated
substantially from a vertical course, the number or other
identification to be given the well, the workable coal seams,
if any, underlying the tract of land upon which the well is
to be drilled or altered, which are to be cased off in
accordance with section 207, and such information needed by
the department to administer this act.
(2) The permit application shall also be accompanied by
information regarding the zone of influence on groundwater
and an analysis that provides an estimate on the time of
travel that a potential release of hydraulic fracking fluid
or other liquid substances from the drilling operation may
take to reach the nearest waterway.
(3) The permit application shall also be accompanied by
a preparedness, prevention and contingency plan. The plan
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shall include, but not be limited to, the resources available
at the well site to contain a release of any fluids and to
prevent an accidental blowout, a listing of organizations
that can respond within two hours of notification to provide
remediation of any environmental contamination and a process
to provide notification to all downstream water users of any
environmental remediation activity within one hour of the
commencement of that activity.
(4) The applicant shall forward, by certified mail, a
copy of said plat to the surface landowner, all surface
landowners or water purveyors whose water supplies are within
[1,000] 5,500 feet of the proposed well location, the owner
and lessee, if any, of such coal seams, and every coal
operator required to be identified on the well permit
application and shall submit proof of such notification with
the well permit application. With respect to surface owners,
notification shall be accomplished under this section by
sending notice to the persons to whom the tax notices for
said surface property are sent, as indicated in the
assessment books in the county in which the property is
located. With respect to surface landowners or water
purveyors whose water supplies are within [1,000] 5,500 feet
of the proposed well location, notification shall be made on
forms and in a manner prescribed by the department sufficient
to identify, for such persons, the rights afforded them under
section 208 and the advisability of taking their own
predrilling or prealteration survey.
(5) If the applicant submits to the department written
approval of the proposed well location by the surface
landowner and the coal operator, lessee or owner, if any, of
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the coal underlying the proposed well location and no
objections are raised by the department within 15 days of
filing or if no such approval has been submitted and no
objections are made to such proposed well location within 15
days from receipt of such notice by the surface landowner and
the coal operator, lessee or owner, if any, or by the
department, the same shall be filed and become a permanent
record of such location, subject to inspection at any time by
any interested person.
* * *
(d.1) (1) Within ten days of the receipt of a permit
application, the department shall notify all public drinking
water system operators within the watershed in which the well
is to be located that a permit application has been received.
(2) The department shall, within 25 days of the receipt
of the permit application, convene a meeting between the well
operator and the public water supply operator to review in
detail the permit application.
(3) If the department believes that the proposed well
site location may have the potential to contaminate a public
drinking water supply, the department shall publish in the
Pennsylvania Bulletin a notice that it has received a permit
application from a well operator and that the proposed well
site location may have the potential to affect a public
drinking water supply. The notice shall provide for a 30-day
public comment period.
* * *
Section 2. Section 205 of the act is amended to read:
Section 205. Well location restrictions.
(a) Wells may not be drilled within [200] 1,000 feet
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measured horizontally from any existing building or existing
water well without the written consent of the owner thereof.
Where the distance restriction would deprive the owner of the
oil and gas rights of the right to produce or share in the oil
or gas underlying said surface tract, the well operator may be
granted a variance from said distance restriction upon
submission of a plan which shall identify the additional
measures, facilities or practices to be employed during well
site construction, drilling and operations. The variance, if
granted, shall include such additional terms and conditions as
the department shall require to insure the safety and protection
of affected persons and property. The provisions may include
insurance, bonding and indemnification, as well as technical
requirements.
(b) No well site may be prepared or well drilled within
[100] 1,000 feet measured horizontally from any [stream, spring
or body of water as identified on the most current 7 1/2 minute
topographic quadrangle map of the United States Geological
Survey or within 100 feet of any wetlands greater than one acre
in size] watercourse, natural or artificial lake not covered
under subsection (b.2) or pond or within 1,000 feet of the
boundary of a wetland or the boundary that affects the functions
and values of a wetland. The department may waive such distance
restrictions upon submission of a plan which shall identify the
additional measures, facilities or practices to be employed
during well site construction, drilling and operations. Such
waiver, if granted, shall impose such permit conditions as are
necessary to protect the waters of the Commonwealth.
(b.1) No well site may be prepared or well drilled within
3,000 feet of a reservoir that serves as a water source for a
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community water system as defined in section 3 of the act of May
1, 1984 (P.L.206, No.43), known as the Pennsylvania Safe
Drinking Water Act.
(b.2) No well site may be prepared or well drilled using
hydraulic fracturing or horizontally drilled within 3,000 feet
of any lake that is completely within the corporate boundaries
of a borough or township of the second class. The department
shall prohibit horizontal drilling to occur directly under a
lake that is located within the corporate boundaries of a
borough or township of the second class.
(c) The department shall, on making a determination on a
well permit, consider the impact of the proposed well on public
resources to include, but not be limited to, the following:
(1) Publicly owned parks, forests, gamelands and
wildlife areas.
(2) National or State scenic rivers.
(3) National natural landmarks.
(4) Habitats of rare and endangered flora and fauna and
other critical communities.
(5) Historical and archaeological sites listed on the
Federal or State list of historic places.
Section 3. This act shall take effect in 60 days.
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