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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY REED, BAKER, BARRAR, CALTAGIRONE, CREIGHTON, EVERETT, FLECK, GINGRICH, GOODMAN, HELM, M. K. KELLER, KRIEGER, KULA, MAJOR, MICOZZIE, MILLARD, MUNDY, MURPHY, MUSTIO, PEIFER, QUINN, REICHLEY, SAYLOR, SCAVELLO, SCHRODER, STEVENSON, SWANGER, TOOHIL, WHITE AND DONATUCCI, MAY 25, 2011 |
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| REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY, MAY 25, 2011 |
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| AN ACT |
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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," in general |
17 | requirements, further providing for well permits. |
18 | The General Assembly of the Commonwealth of Pennsylvania |
19 | hereby enacts as follows: |
20 | Section 1. Section 201(b) of the act of December 19, 1984 |
21 | (P.L.1140, No.223), known as the Oil and Gas Act, is amended to |
22 | read: |
23 | Section 201. Well permits. |
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1 | * * * |
2 | (b) (1) The permit application shall be accompanied by a |
3 | plat prepared by a competent engineer or a competent surveyor, |
4 | on forms to be furnished by the department[, showing the |
5 | political subdivision and county in which the tract of land upon |
6 | which the well to be drilled is located, the name of the surface |
7 | landowner of record and lessor, the name of all surface |
8 | landowners or water purveyors whose water supplies are within |
9 | 1,000 feet of the proposed well location, the name of the owner |
10 | of record or operator of all known underlying workable coal |
11 | seams, if any, the acreage in the tract to be drilled, the |
12 | proposed location of the well determined by survey, the courses |
13 | and distances of such location from two or more permanent |
14 | identifiable points or landmarks on said tract boundary corners, |
15 | the proposed angle and direction of such well, if the well is to |
16 | be deviated substantially from a vertical course, the number or |
17 | other identification to be given the well, the workable coal |
18 | seams, if any, underlying the tract of land upon which the well |
19 | is to be drilled or altered, which are to be cased off in |
20 | accordance with section 207, and such information needed by the |
21 | department to administer this act. The applicant shall forward, |
22 | by certified mail, a copy of said plat to the surface landowner, |
23 | all surface landowners or water purveyors whose water supplies |
24 | are within 1,000 feet of the proposed well location, the owner |
25 | and lessee, if any, of such coal seams, and every coal operator |
26 | required to be identified on the well permit application] and |
27 | shall show: |
28 | (i) the political subdivision and county in which the tract |
29 | of land upon which the well to be drilled is located; |
30 | (ii) the name of the surface landowner of record and lessor; |
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1 | (iii) the name of all surface landowners of record and |
2 | lessees within 1,000 feet of the proposed well location; |
3 | (iv) the name of all surface landowners whose water supplies |
4 | are within 1,000 feet of the proposed well location and all |
5 | water purveyors whose water supplies are within 1,000 feet of |
6 | the proposed well location; |
7 | (v) the name of the owner of record or operator of all known |
8 | underlying workable coal seams, if any; |
9 | (vi) the workable coal seams, if any, underlying the tract |
10 | of land upon which the well is to be drilled or altered, which |
11 | are to be cased off in accordance with section 207; |
12 | (vii) the acreage in the tract to be drilled; |
13 | (viii) the proposed location of the well determined by |
14 | survey; |
15 | (ix) the courses and distances of the proposed location from |
16 | two or more permanent identifiable points or landmarks on the |
17 | tract boundary corners; |
18 | (x) the proposed angle and direction of the well, if the |
19 | well is to be deviated substantially from a vertical course; |
20 | (xi) the number or other identification to be given the |
21 | well; and |
22 | (xii) such other information needed by the department to |
23 | administer this act. |
24 | (2) The applicant shall forward, by certified mail, a copy |
25 | of the permit application and plat to: |
26 | (i) all surface landowners within 1,000 feet of the proposed |
27 | well; |
28 | (ii) water purveyors whose water supplies are within 1,000 |
29 | feet of the proposed well location; and |
30 | (iii) the owner and lessee, if any, of the coal seams and |
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1 | every coal operator required to be identified on the well permit |
2 | application. |
3 | (3) The applicant shall submit proof of such notification |
4 | with the well permit application. With respect to surface |
5 | owners, notification shall be accomplished under this section by |
6 | sending notice to the persons to whom the tax notices for said |
7 | surface property are sent, as indicated in the assessment books |
8 | in the county in which the property is located. With respect to |
9 | surface landowners whose water supplied are within 1,000 feet or |
10 | water purveyors whose water supplies are within 1,000 feet of |
11 | the proposed well location, notification shall be made on forms |
12 | and in a manner prescribed by the department sufficient to |
13 | identify, for such persons, the rights afforded them under |
14 | section 208 and the advisability of taking their own predrilling |
15 | or prealteration survey. |
16 | (4) If the applicant submits to the department written |
17 | approval of the proposed well location by the surface landowner |
18 | and the coal operator, lessee or owner, if any, of the coal |
19 | underlying the proposed well location and no objections are |
20 | raised by the department within 15 days of filing or if no such |
21 | approval has been submitted and no objections are made to such |
22 | proposed well location within 15 days from receipt of such |
23 | notice by the surface landowner and the coal operator, lessee or |
24 | owner, if any, or by the department, the same shall be filed and |
25 | become a permanent record of such location, subject to |
26 | inspection at any time by any interested person. |
27 | * * * |
28 | Section 2. This act shall take effect in 60 days. |
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