58 Pa.C.S. § 2823 — PA Code / Title 58 / Chapter 28 / Section 2823
Eligible wells.
Status: in_force

(a) Review of known orphan wells.--No later than 30 days after the effective date of this subsection, the department shall review available documentation on all known orphan wells with no known owner or operator.

(b) Determination of eligible wells.--No later than 45 days after the effective date of this subsection, the department shall designate each orphan well reviewed under subsection (a) as an eligible well if it meets the following requirements:

(1) The orphan well is not plugged in accordance with the requirements of section 3220 (relating to plugging requirements).

(2) No amount of a bond under section 3225 (relating to bonding) is available to pay for the plugging of the orphan well.

(3) No person who is financially responsible for the plugging of the orphan well is known to the department or likely to be identifiable.

(c) Publication of notice of availability of grants.--No later than 60 days after the date of the periodic awarding of funds pursuant to section 349 of the Energy Policy Act of 2005 (Public Law 109-58, 42 U.S.C. § 15907) or the effective date of an appropriation of money to the department for the purposes of this subchapter, whichever is earlier, the department shall publish on its publicly accessible Internet website all of the following:

(1) A list of each eligible well and any relevant identifying information.

(2) Any available technical data that would be necessary for a qualified well plugger to plug each eligible well on the list under paragraph (1).

(d) Publication of notice of updated availability of grants.--The department shall periodically update the notice under subsection (c) to identify all of the following:

(1) Which eligible well has been the subject of an approval under section 2825 (relating to applications and review process).

(2) Which eligible well has been plugged in accordance with section 3220.

(e) Plugging contract discretion.--The department may remove an eligible well from the list under subsection (c) that the department makes available for plugging through a contracting process. Upon removing an eligible well from the list, the department shall update the notice and list under subsection

(c) to reflect the removal. (Nov. 3, 2022, P.L.1987, No.136, eff. 60 days) 2022 Amendment. Act 136 amended subsec. (c). Cross References. Section 2823 is referred to in sections 2802, 2811, 2825 of this title.
58 Pa.C.S. § 3254 — PA Code / Title 58 / Chapter 32 / Section 3254
Restraining violations.
Status: in_force

(a) General rule.--In addition to any other remedy provided in this chapter, the department may institute a suit in equity in the name of the Commonwealth for an injunction to restrain a violation of this chapter or rules, regulations, standards or orders adopted or issued under this chapter and to restrain the maintenance or threat of a public nuisance. Upon motion of the Commonwealth, the court shall issue a prohibitory or mandatory preliminary injunction if it finds that the defendant is engaging in unlawful conduct, as defined by this chapter,

or conduct causing immediate and irreparable harm to the public. The Commonwealth shall not be required to furnish bond or other security in connection with the proceeding. In addition to an injunction, the court in equity may level civil penalties as specified in section 3256 (relating to civil penalties).

(b) District attorney.--In addition to other remedies in this chapter, upon relation of the district attorney of a county affected or upon relation of the solicitor of a municipality affected, an action in equity may be brought in a court of competent jurisdiction for an injunction to restrain a violation of this chapter or rules and regulations promulgated under this chapter or to restrain a public nuisance or detriment to health.

(c) Concurrent penalties.--Penalties and remedies under this chapter shall be deemed concurrent. Existence or exercise of one remedy shall not prevent the department from exercising another remedy at law or in equity.

(d) Jurisdiction.--Actions under this section may be filed in the appropriate court of common pleas or in Commonwealth Court, and those courts are hereby granted jurisdiction to hear actions under this section.
58 Pa.C.S. § 2317 — PA Code / Title 58 / Chapter 23 / Section 2317
Applicability.
Status: in_force

The provisions of this chapter shall not negate or limit the responsibilities of any producer under this title, 74 Pa.C.S (relating to transportation) or 75 Pa.C.S. (relating to vehicles).
58 Pa.C.S. § 2802 — PA Code / Title 58 / Chapter 28 / Section 2802
Definitions.
Status: in_force

The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:

"Department." The Department of Environmental Protection of the Commonwealth.

"Eligible well." An orphan well that meets the requirements under section 2823(b) (relating to eligible wells).

"Orphan well." As defined in section 3203 (relating to definitions).

"Qualified well plugger." A person that meets the requirements of section 2824 (relating to qualified well plugger).
58 Pa.C.S. § 3235 — PA Code / Title 58 / Chapter 32 / Section 3235
Inspection of facilities and records.
Status: in_force

(a) General rule.--The person operating a storage reservoir affected by this chapter shall, at all reasonable times, be permitted to inspect applicable records and facilities of a coal mine overlying the storage reservoir or reservoir protective area. The person operating a coal mine affected by this chapter shall, at all reasonable times, be permitted to inspect applicable records and facilities of a storage reservoir underlying the coal mine.

(b) Order.--If a storage operator or coal operator subject to subsection (a) refuses to permit inspection of records or facilities, the department may, on its own motion or on application of the party seeking inspection, after reasonable written notice and a hearing if requested by an affected party, order inspection.
58 Pa.C.S. § 2 — PA Code / Title 58 / Chapter 2 / Section 2
Fiscal year 2011-2012 appropriation.
Status: in_force

For fiscal year 2011-2012, $250,000 is appropriated from the General Fund to the Pennsylvania Public Utility Commission for costs associated with implementation of this act. Explanatory Note. Act 13 added Parts I, II and III of Title 58.
58 Pa.C.S. § 3218.5 — PA Code / Title 58 / Chapter 32 / Section 3218.5
Gathering lines.
Status: in_force

(a) Requirement.--Owners and operators of gathering lines shall comply with section 2(5)(i.1) of the act of December 10, 1974 (P.L.852, No.287), referred to as the Underground Utility Line Protection Law.

(b) Definition.--As used in this section, the term "gathering line" means a pipeline used to transport natural gas from a production facility to a transmission line. Special Provisions in Appendix. See section 4(3)(xi) of Act 13 of 2012 in the appendix to this title for special provisions relating to continuation of prior law.
58 Pa.C.S. § 3232 — PA Code / Title 58 / Chapter 32 / Section 3232
Reporting requirements for coal mining operations.
Status: in_force

(a) General rule.--A person owning or operating a coal mine shall file with the department a map prepared and sealed by a competent individual licensed as a professional engineer or professional land surveyor under the provisions of the act of May 23, 1945 (P.L.913, No.367), known as the Engineer, Land Surveyor and Geologist Registration Law, showing the outside coal boundaries of the operating coal mine, the existing workings and exhausted areas and the relationship of the boundaries to identifiable surface properties and landmarks. A person owning or operating an operating coal mine which has been penetrated by a well shall furnish a mine map to the department each year indicating the excavations for the preceding year and the projections for the ensuing year. The map required by this subsection shall be furnished to a person storing or contemplating the storage of gas in the vicinity of

operating coal mines, upon written request, by the coal operator, and the person and the department shall thereafter be informed of any boundary changes at the time the changes occur. The department shall keep a record of the information and promptly notify the coal operator and storage operator when notified by them that the coal mine and the storage reservoir are within 10,000 linear feet of each other.

(b) Mines near certain reservoirs.--A person owning or operating any coal mine which is or which comes within 10,000 linear feet of a storage reservoir and where the coal seam being operated extends over the storage reservoir or reservoir protective area shall, within 45 days after receiving notice from the storage operator of that fact, file with the department and furnish to the person operating the storage reservoir a map in the form required by subsection (a) showing, in addition to the requirements of subsection (a), existing and projected excavations and workings of the operating coal mine for the ensuing 18-month period and the location of oil or gas wells of which the coal operator has knowledge. The person owning or operating the coal mine shall, each six months thereafter, file with the department and furnish to the person operating the storage reservoir a revised map showing any additional excavations and workings, together with the projected excavations and workings for the then ensuing 18-month period, which may be within 10,000 linear feet of the storage reservoir. The department may require a coal operator to file revised maps at more frequent intervals if material changes have occurred justifying earlier filing. The person owning or operating the coal mine shall also file with the department and furnish the person operating the reservoir prompt notice of any wells which have been cut into, together with all available pertinent information.

(c) Mines near gas storage reservoirs.--A person owning or operating a coal mine who has knowledge that it overlies or is within 2,000 linear feet of a gas storage reservoir shall, within 30 days, notify the department and the storage operator of that fact.

(d) Mines projected to be near storage reservoirs.--When a person owning or operating a coal mine expects that, within the ensuing nine-month period, the coal mine will be extended to a point which will be within 2,000 linear feet of any storage reservoir, the person shall notify the department and storage operator in writing of that fact.

(e) New mines.--A person intending to establish or reestablish an operating coal mine which will be over a storage reservoir or within 2,000 linear feet of a storage reservoir or may, within nine months thereafter, be expected to be within 2,000 linear feet of a storage reservoir shall immediately notify the department and storage operator in writing. Notice shall include the date on which the person intends to establish or reestablish the operating coal mine.

(f) Misdemeanor.--A person who serves notice as required by this subsection of an intention to establish or reestablish an operating coal mine, without intending in good faith to establish or reestablish the mine, is liable for continuing damages to a storage operator injured by the improper notice and commits a misdemeanor subject to the penalties of section 3255 (relating to penalties). Cross References. Section 3232 is referred to in section 3234 of this title.
58 Pa.C.S. § 2308 — PA Code / Title 58 / Chapter 23 / Section 2308
Enforcement.
Status: in_force

(a) Assessment.--The commission shall assess interest on any delinquent fee at the rate determined under section 2307(a) (relating to commission).

(b) Penalty.--In addition to the assessed interest under subsection (a), if a producer fails to make timely payment of the fee, there shall be added to the amount of the fee due a penalty of 5% of the amount of the fee if failure to file a timely payment is for not more than one month, with an additional 5% penalty for each additional month, or fraction of a month, during which the failure continues, not to exceed 25% in the aggregate.

(c) Timely payment.--If the commission determines that a producer has not made a timely payment of the fee, the commission shall send written notice of the amount of the deficiency to the producer within 30 days from the date of determining the deficiency. The commission shall notify the department of a producer that has failed to pay the fee for any unconventional gas well under section 2302 (relating to unconventional gas well fee). If the producer does not have a pending appeal related to payment of the fee in process, the department shall suspend the permit for that well until the fee has been paid.

(d) Remedies.--The remedies provided under this chapter are in addition to any other remedies provided by law or in equity.

(e) Lien.--Fines, fees, interest and penalties shall be collectible as authorized by law for the collection of debts. If the producer liable to pay an amount neglects or refuses to pay the amount after demand, the amount, together with costs, shall be a judgment in favor of the Commonwealth upon the property of the producer, but only after the judgment has been entered, docketed and recorded by the prothonotary of the county where the property is situated. The Commonwealth shall transmit to the prothonotaries of the respective counties certified copies of the judgments. Each prothonotary shall enter, docket and record the record in the prothonotary's office and index each judgment, without requiring the payment of costs as a condition precedent to the entry of the judgment.
58 Pa.C.S. § 3201 — PA Code / Title 58 / Chapter 32 / Section 3201
Scope of chapter.
Status: in_force

This chapter relates to oil and gas.
58 Pa.C.S. § 3302 — PA Code / Title 58 / Chapter 33 / Section 3302
Oil and gas operations regulated pursuant to Chapter 32.
Status: in_force

Except with respect to local ordinances adopted pursuant to the MPC and the act of October 4, 1978 (P.L.851, No.166), known as the Flood Plain Management Act, all local ordinances purporting to regulate oil and gas operations regulated by
58 Pa.C.S. § 3224 — PA Code / Title 58 / Chapter 32 / Section 3224
Coal operator responsibilities.
Status: in_force

(a) General rule.--At any time prior to removing coal or other underground materials from, or extending the workings in, a coal mine within 500 feet of an oil or gas well of which the coal operator has knowledge, or within 500 feet of an approved well location of which the coal operator has knowledge, the coal operator, by certified mail, shall forward to or file with the well operator and the department a copy of the relevant part of all maps and plans which it is presently required by

law to prepare and file with the department, showing the pillar which the coal operator proposes to leave in place around each oil or gas well in the projected workings. Thereafter, the coal operator may proceed with mining operations in the manner projected on the maps and plans, but the operator may not remove coal or cut a passageway within 150 feet of the well or approved well location without written approval under this section. If, in the opinion of the well operator or the department, the plan indicates that the proposed pillar is inadequate to protect either the integrity of the well or public health and safety, the affected well operator shall attempt to reach an agreement with the coal operator on a suitable pillar, subject to approval of the department. Upon failure to agree, the well operator may, within ten days after receipt of the proposed plan under this section, file objections under section 3251 (relating to conferences), indicating the size of the pillar to be left as to each well. If objections are not timely filed and the department has none, the department shall grant approval, reciting that maps and plans have been filed, no objections have been made thereto and the pillar proposed to be left for each well is approved in the manner as projected.

(b) Objections.--If an objection is filed by the well operator or raised by the department, the department shall order that a conference be held under section 3251 within ten days of the filing of objections. At the conference, the coal operator and the person who has objected shall attempt to agree on a proposed plan, showing the pillar to be left around each well, which will satisfy the objections and receive department approval. If an agreement is reached, the department shall grant approval to the coal operator, reciting that a plan has been filed and the pillar to be left for each well is approved pursuant to the agreement. If an agreement is not reached on a plan showing the pillar to be left with respect to a well, the department, by appropriate order, shall determine the pillar to be left with respect to the well. In a proceeding under this section, the department shall follow as nearly as is possible the original plan filed by the coal operator. The department shall not require the coal operator to leave a pillar in excess of 100 feet in radius, except that the department may require a pillar of up to 150 feet in radius if the existence of unusual conditions is established. Pillars determined by the department shall be shown on maps or plans on file with the department as provided in subsection (a), and the department shall approve the pillar to be left for each well.

(c) Pillars of reduced size.--Application may be made at any time to the department by the coal operator to leave a pillar of a size smaller than shown on the plan approved or determined by the department under this section. If an application is filed, the department shall:

(1) follow the appropriate procedure under subsection

(a) or (b);

(2) by appropriate order, determine a plan involving a pillar of a smaller size as to any well covered by the application; and

(3) have the discretion to grant approval for the pillar to be left with respect to each well.

(d) Violation.--No coal operator, without written approval of the department after notice and opportunity for a hearing under this section, shall remove coal or cut a passageway so as to leave a pillar of smaller size, with respect to an oil or gas well, than that approved by the department under this chapter.

(e) Limitation.--With regard to a coal pillar required by law to be left around a well drilled prior to April 18, 1985, nothing in this chapter shall be construed to:

(1) require a well operator to pay for the coal pillar;

(2) affect a right which a coal operator may have had prior to April 18, 1985, to obtain payment for the coal pillar; or

(3) affect a duty or right which a storage operator or landowner may have had prior to April 18, 1985, to pay or not pay for the coal pillar.

(f) Mining through plugged wells.--A coal operator who intends to mine through a plugged oil or gas well or otherwise completely remove any pillar from around that well shall file a plan under subsection (a) which shall be subject to all of the provisions of this section. No coal operator may mine through a plugged oil or gas well of which he has knowledge until written approval has been granted by the department in accordance with this section. The Bureau of Deep Mine Safety in the department shall have the authority to establish conditions under which the department may approve a coal operator's plan to mine through a plugged oil or gas well.
58 Pa.C.S. § 3260 — PA Code / Title 58 / Chapter 32 / Section 3260
Collection of fines and penalties.
Status: in_force

Fines and penalties shall be collectible in a manner provided by law for collection of debts. If a person liable to pay a penalty neglects or refuses to pay after demand, the amount, together with interest and costs that may accrue, shall be a judgment in favor of the Commonwealth on the person's property, but only after the judgment has been entered and docketed of record by the prothonotary of the county where the property is situated. The department may transmit to prothonotaries of the various counties certified copies of all judgments, and it shall be the duty of each prothonotary to enter and docket them of record in the prothonotary's office and index them as judgments are indexed, without requiring payment of costs as a condition precedent to entry.
58 Pa.C.S. § 2316 — PA Code / Title 58 / Chapter 23 / Section 2316
Small business participation.
Status: in_force

(a) Requirement.--Producers shall provide maximum practicable contracting opportunities for diverse small businesses, including minority-owned business enterprises, women-owned business enterprises and veteran-owned businesses.

(b) Duties.--Producers shall do all of the following:

(1) Maintain a policy prohibiting discrimination in employment and contracting based on gender, race, creed or color.

(2) Use the database available on the Internet website of the Department of General Services to identify certified diverse small businesses, including minority-owned business enterprises, women-owned business enterprises and veteran-owned businesses, as potential contractors, subcontractors and suppliers for opportunities related to unconventional natural gas extraction.

(3) Respond to the survey under subsection (c) within 90 days.

(c) Survey.--Within one year of the effective date of this section, the Department of General Services shall send all producers a survey to report the producers' efforts to provide maximum practicable contracting opportunities related to

unconventional natural gas extraction for diverse, small business participation.

(d) Reports.--The Department of General Services shall compile the results and submit an annual report to the State Government Committee of the Senate and the State Government Committee of the House of Representatives on the utilization of diverse small business participation related to unconventional natural gas extraction. The report shall be submitted no later than 150 days after the Department of General Services disseminated the survey to producers.

(e) Definition.--As used in this section, the term "diverse small business" means minority-owned business, women-owned business and veteran-owned business as determined by the Department of General Services.
58 Pa.C.S. § 3306 — PA Code / Title 58 / Chapter 33 / Section 3306
Civil actions.
Status: in_force

The following shall apply:

(1) Notwithstanding any provision of 42 Pa.C.S. Ch. 85 Subch. C (relating to actions against local parties), any person who is aggrieved by the enactment or enforcement of a local ordinance that violates the MPC, this chapter or
58 Pa.C.S. § 3216 — PA Code / Title 58 / Chapter 32 / Section 3216
Well site restoration.
Status: in_force

(a) General rule.--Each oil or gas well owner or operator shall restore the land surface within the area disturbed in siting, drilling, completing and producing the well.

(b) Plan.--During and after earthmoving or soil disturbing activities, including, but not limited to, activities related to siting, drilling, completing, producing and plugging the well, erosion and sedimentation control measures shall be implemented in accordance with an erosion and sedimentation control plan prepared in accordance with the act of June 22, 1937 (P.L.1987, No.394), known as The Clean Streams Law.

(c) Pits, drilling supplies and equipment.--Within nine months after completion of drilling of a well, the owner or operator shall restore the well site, remove or fill all pits used to contain produced fluids or industrial wastes and remove all drilling supplies and equipment not needed for production. Drilling supplies and equipment not needed for production may be stored on the well site if express written consent of the surface landowner is obtained.

(d) Items related to production or storage.--Within nine months after plugging a well, the owner or operator shall remove all production or storage facilities, supplies and equipment and restore the well site.

(e) Clean Streams Law.--Restoration activities required by this chapter or in regulations promulgated under this chapter shall also comply with all applicable provisions of The Clean Streams Law.

(f) Violation of chapter.--Failure to restore the well site as required in this chapter or regulations promulgated under this chapter constitutes a violation of this chapter.

(g) Extension.--

(1) The restoration period may be extended by the department for an additional period of time not to exceed two years upon demonstration by the well owner or operator that:

(i) the extension will result in less earth disturbance, increased water reuse or more efficient development of the resources; or

(ii) site restoration cannot be achieved due to adverse weather conditions or a lack of essential fuel, equipment or labor.

(2) The demonstration under paragraph (1) shall do all of the following:

(i) Include a site restoration plan that shall provide for:

(A) the timely removal or fill of all pits used to contain produced fluids or industrial wastes;

(B) the removal of all drilling supplies and equipment not needed for production;

(C) the stabilization of the well site that shall include interim postconstruction storm water management best management practices; or

(D) other measures to be employed to minimize accelerated erosion and sedimentation in accordance with The Clean Streams Law.

(ii) Provide for returning the portions of the site not occupied by production facilities or equipment to approximate original contours and making them capable of supporting the uses that existed prior to drilling the well.

(3) The department may condition an extension under this subsection as is necessary in accordance with The Clean Streams Law.

(h) Definition.--As used in this section, the term "well site" means areas occupied by all equipment or facilities necessary for or incidental to drilling, production or plugging a well. Special Provisions in Appendix. See section 4(3)(v) of Act 13 of 2012 in the appendix to this title for special provisions relating to continuation of prior law.
58 Pa.C.S. § 2505 — PA Code / Title 58 / Chapter 25 / Section 2505
Funds (Repealed).
Status: repealed

2017 Repeal. Section 2505 was repealed October 30, 2017, P.L.725, No.44, effective immediately.
58 Pa.C.S. § 3273 — PA Code / Title 58 / Chapter 32 / Section 3273
Effect on department authority.
Status: in_force

This chapter does not affect, limit or impair any 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; or the act of July 7, 1980 (P.L.380, No.97), known as the Solid Waste Management Act.
58 Pa.C.S. § 2801 — PA Code / Title 58 / Chapter 28 / Section 2801
Scope of chapter.
Status: in_force

This chapter relates to oil and gas well plugging oversight.
58 Pa.C.S. § 3212.1 — PA Code / Title 58 / Chapter 32 / Section 3212.1
Comments by municipalities and storage operators.
Status: in_force

(a) Municipalities.--The municipality where the tract of land upon which the unconventional well to be drilled is located may submit written comments to the department describing local conditions or circumstances which the municipality has determined should be considered by the department in rendering its determination on the unconventional well permit. A comment under this subsection must be submitted to the department within 15 days of the receipt of the plat under section 3211(b) (relating to well permits). The municipality shall simultaneously forward a copy of its comments to the permit applicant and all other parties entitled to a copy of the plat under section 3211(b), who may submit a written response. A written response must be submitted to the department within ten days of receipt of the comments of the municipality.

(a.1) Storage operators.--A storage operator located within 3,000 feet of a proposed unconventional vertical well bore may submit written comments to the department describing circumstances which the storage operator has determined should be considered by the department in rendering its determination on the unconventional well permit. A comment under this subsection must be submitted to the department within 15 days of the receipt of the plat under section 3211(b). The storage operator shall simultaneously forward a copy of its comments

to the permit applicant and all other parties entitled to a copy of the plat under section 3211(b), who may submit a written response. A written response must be submitted to the department within ten days of receipt of the comments of the storage operator.

(b) Consideration by department.--Comments and responses under subsections (a) and (a.1) may be considered by the department in accordance with section 3215(d) (relating to well location restrictions).

(c) No extension of time period.--The process outlined in this section shall not extend the time period for the issuance or denial of a permit beyond the time period set forth in this chapter. Special Provisions in Appendix. See section 4(3)(iii) of Act 13 of 2012 in the appendix to this title for special provisions relating to continuation of prior law. Cross References. Section 3212.1 is referred to in section 3215 of this title.
58 Pa.C.S. § 3253 — PA Code / Title 58 / Chapter 32 / Section 3253
Enforcement orders.
Status: in_force

(a) General rule.--Except as modified by subsections (b),

(c) and (d), the department may issue orders necessary to aid in enforcement of this chapter. An order issued under this chapter shall take effect upon notice, unless the order specifies otherwise. The power of the department to issue an order under this chapter is in addition to any other remedy available to the department under this chapter or under any other law.

(b) Suspension and revocation.--

(1) The department may suspend or revoke a well permit or well registration for any well:

(i) in continuing violation of any of the following:

(A) This chapter.

(B) The act of June 22, 1937 (P.L.1987, No.394), known as The Clean Streams Law.

(C) The act of July 7, 1980 (P.L.380, No.97), known as the Solid Waste Management Act.

(D) Any other statute administered by the department; and

(ii) the likely result of a violation is an unsafe operation or environmental damage.

(2) A suspension order of the department shall automatically terminate if the violation upon which it is based is corrected by the operator to the satisfaction of the department in order to bring the well into compliance with this chapter.

(c) Written notice.--Prior to suspension or revocation of a well permit or registration, the department shall serve written notice on the well operator or its agent, stating specifically the statutory provision, regulation or other reason relied upon, along with factual circumstances surrounding the alleged violation. If the department suspends or revokes the permit or registration, the department may order the operator to cap the well if the likely result of the violation is an unsafe operation or environmental damage.

(d) Immediate orders.--An order of the department requiring immediate cessation of drilling operations shall be effective only if authorized by the secretary or a designee.

(e) Grievances.--A person aggrieved by a department order issued under this section shall have the right, within 30 days of receipt of the notice, to appeal to the Environmental Hearing Board. Special Provisions in Appendix. See section 4(3)(xviii) of Act 13 of 2012 in the appendix to this title for special provisions relating to continuation of prior law.
58 Pa.C.S. § 4 — PA Code / Title 58 / Chapter 4 / Section 4
Continuation of prior law.
Status: in_force

The addition of 58 Pa.C.S. Ch. 32 and 58 Pa.C.S. § 3302 is a continuation of the act of December 19, 1984 (P.L.1140, No.223), known as the Oil and Gas Act. The following apply:

(1) Except as otherwise provided in 58 Pa.C.S. Ch. 32 or 33, all activities initiated under the Oil and Gas Act shall continue and remain in full force and effect and may be completed under 58 Pa.C.S. Chs. 32 and 33. Orders, regulations, rules and decisions which were made under the Oil and Gas Act and which are in effect on the effective date of section 3(2) of this act shall remain in full force and effect until revoked, vacated or modified under 58 Pa.C.S. Ch. 32 or 33. Except as provided in 58 Pa.C.S. Ch. 35, contracts, obligations and collective bargaining agreements entered into under the Oil and Gas Act are not affected nor impaired by the repeal of the Oil and Gas Act.

(2) Except as set forth in paragraph (3), any difference in language between 58 Pa.C.S. Ch. 32 and the Oil and Gas Act is intended only to conform to the style of the Pennsylvania Consolidated Statutes and is not intended to change or affect the legislative intent, judicial construction or administration and implementation of the Oil and Gas Act.

(3) Paragraph (2) does not apply to the addition of the following provisions of 58 Pa.C.S.:

(i) Section 3203.

(ii) Section 3211.

(iii) Section 3212.1.

(iv) Section 3215.

(v) Section 3216.

(vi) Section 3218.

(vii) Section 3218.1.

(viii) Section 3218.2.

(ix) Section 3218.3.

(x) Section 3218.4.

(xi) Section 3218.5.

(xii) Section 3219.1.

(xiii) Section 3222.

(xiv) Section 3222.1.

(xv) Section 3225.

(xvi) Section 3227.

(xvii) Section 3252.

(xviii) Section 3253.

(xix) Section 3254.1.

(xx) Section 3255.

(xxi) Section 3256.

(xxii) Section 3258.

(xxiii) Section 3261.

(xxiv) Section 3262.

(4) Any difference in language between 58 Pa.C.S. § 3302 and section 602 of the Oil and Gas Act is intended only to conform to the style of the Pennsylvania Consolidated Statutes and is not intended to change or affect the legislative intent, judicial construction or administration and implementation of section 602 of the Oil and Gas Act.
58 Pa.C.S. § 2826 — PA Code / Title 58 / Chapter 28 / Section 2826
Reports.
Status: in_force

(a) Requirement.--No later than 21 days after the end of each calendar quarter in which the grant program under this

subchapter receives applications, approves applications or awards grants, the department shall issue a report.

(b) Contents.--The report under this section shall include all of the following:

(1) The number of applications received under section 2825(c) (relating to applications and review process) in the quarter, year to date and since the effective date of this subsection.

(2) The number of applications approved under section 2825(e) in the quarter, year to date and since the effective date of this subsection.

(3) The number of grants and the total amount awarded under section 2825(f) in the quarter, year to date and since the effective date of this subsection.

(c) Recipients.--The report under this section shall be made available on the publicly accessible Internet website of the department and shall be submitted to the following:

(1) The chairperson and minority chairperson of the Appropriations Committee of the Senate.

(2) The chairperson and minority chairperson of the Appropriations Committee of the House of Representatives.

(3) The chairperson and minority chairperson of the Environmental Resources and Energy Committee of the Senate.

(4) The chairperson and minority chairperson of the Environmental Resources and Energy Committee of the House of Representatives.
58 Pa.C.S. § 8 — PA Code / Title 58 / Chapter 8 / Section 8
Pipeline placement for natural gas.
Status: in_force

The Energy Executive of the Governor shall consult with the Department of Environmental Protection, the Pennsylvania Public Utility Commission, State legislators, local government organizations, natural gas industry representatives, conservationists and other affected entities on the issue of pipeline placement for natural gas gathering lines in this Commonwealth. The Energy Executive of the Governor shall submit a report summarizing pipeline placement for natural gas gathering lines and make his recommendations to the General Assembly within one year of the effective date of this section.
58 Pa.C.S. § 3303 — PA Code / Title 58 / Chapter 33 / Section 3303
Oil and gas operations regulated by environmental acts.
Status: in_force

Notwithstanding any other law to the contrary, environmental acts are of Statewide concern and, to the extent that they regulate oil and gas operations, occupy the entire field of regulation, to the exclusion of all local ordinances. The Commonwealth by this section, preempts and supersedes the local regulation of oil and gas operations regulated by the environmental acts, as provided in this chapter. Cross References. Section 3303 is referred to in section 3304 of this title.
58 Pa.C.S. § 3218.1 — PA Code / Title 58 / Chapter 32 / Section 3218.1
Notification to public drinking water systems.
Status: in_force

Upon receiving notification of a spill, the department shall, after investigating the incident, notify any public drinking water facility that could be affected by the event that the

event occurred. The notification shall contain a brief description of the event and any expected impact on water quality. Special Provisions in Appendix. See section 4(3)(vii) of Act 13 of 2012 in the appendix to this title for special provisions relating to continuation of prior law.
58 Pa.C.S. § 3236 — PA Code / Title 58 / Chapter 32 / Section 3236
Reliance on maps and burden of proof.
Status: in_force

(a) General rule.--In determining whether a coal mine or operating coal mine is or will be within a particular distance from a storage reservoir which is material under this chapter, the owner or operator of the coal mine and the storage operator may rely on the most recent map of the storage reservoir or coal mine filed by the other party with the department.

(b) Accuracy.--Where accuracy of a map or data filed under this chapter is in issue, the person that filed the map or data shall:

(1) at the request of an objecting party, disclose the information and method used to compile the map or data, along

with any information available to the person that might affect current validity of the map or data; and

(2) have the burden of proving accuracy of the map or data.
58 Pa.C.S. § 3237 — PA Code / Title 58 / Chapter 32 / Section 3237
Exemptions and prohibitions.
Status: in_force

(a) Inapplicability of chapter to certain coal mines.--This chapter shall not apply to the following types of coal mines:

(1) Strip mines and auger mines operating from the surface.

(2) Mines to which the former act of June 9, 1911 (P.L.756, No.319), entitled "An act to provide for the health and safety of persons employed in and about the bituminous coal-mines of Pennsylvania, and for the protection and preservation of property connected therewith," did not apply in accordance with section 3 of that act.

(3) Mines to which the former act of June 2, 1891 (P.L.176, No.177), entitled "An act to provide for the health and safety of persons employed in and about the anthracite coal mines of Pennsylvania and for the protection and preservation of property connected therewith," did not apply in accordance with section 32 of that act.

(b) Workable coal seams.--Injection of gas for storage purposes in a workable coal seam, whether or not it is being or has been mined, is prohibited.

(b.1) Original extraction.--Nothing in this chapter prohibits original extraction of natural gas, crude oil or coal.

(c) Certain rock formations.--Nothing in this chapter applies to storage of gas or liquids in storage reservoirs excavated in rock formations specifically for storage purposes.
58 Pa.C.S. § 2309 — PA Code / Title 58 / Chapter 23 / Section 2309
Enforcement orders.
Status: in_force

(a) Issuance.--The commission may issue an order as necessary to enforce this chapter. An order issued under this section shall take effect upon notice, unless the order specifies otherwise. A person aggrieved by an order under this section may appeal to Commonwealth Court under 42 Pa.C.S. § 763 (relating to direct appeals from government agencies).

(b) Compliance.--A producer has the duty to comply with an order issued under subsection (a). If a producer fails to proceed diligently to comply with an order within the time required, the producer shall be guilty of contempt and shall be punished by the court in an appropriate manner. The commission shall apply to Commonwealth Court, which shall have jurisdiction over matters relating to contempt.
58 Pa.C.S. § 3274 — PA Code / Title 58 / Chapter 32 / Section 3274
Regulations.
Status: in_force

The Environmental Quality Board shall promulgate regulations to implement this chapter.
58 Pa.C.S. § 2303 — PA Code / Title 58 / Chapter 23 / Section 2303
Administration.
Status: in_force

(a) Fee due date.--

(1) Except as provided under paragraph (2), the fee imposed under this chapter shall be due by April 1, 2013, and each April 1 thereafter. The fee shall become delinquent if not remitted to the commission on the reporting date.

(2) For wells spud before January 1, 2012, a fee imposed under this chapter shall be due by September 1, 2012.

(b) Report.--By September 1, 2012, and April 1 of each year thereafter, each producer shall submit payment of the fee to the commission and a report on a form prescribed by the commission for the previous calendar year. The report shall include the following:

(1) The number of spud unconventional gas wells of a producer in each municipality within each county that has imposed a fee under this chapter.

(2) The date that each unconventional gas well identified under paragraph (1) was spud or ceased the production of natural gas.

(c) Costs of commission.--

(1) The commission may impose an annual administrative charge not to exceed $50 per spud unconventional gas well on each producer, to be paid with the submission under subsection (a), to pay for the actual costs of the commission to administer and enforce this chapter.

(2) Within 30 days of the effective date of this subsection, the commission shall estimate its expenditures through June 30, 2012, that will be directly attributable to the administration and enforcement of this chapter. The commission shall subtract the amount of the administrative charges imposed under paragraph (1) and assess any remaining balance on all producers subject to the administrative charge in proportion to the number of wells owned by each producer. Producers shall pay the assessments within 30 days of receipt of notice from the commission. The amount of the assessment may be challenged by a producer consistent with 66 Pa.C.S. § 510(c), (d) and (e) (relating to assessment for regulatory expenses upon public utilities). Any collections that exceed any of the following shall be used to offset the administrative charges or other funds received for fiscal year 2012-2013:

(i) The budget amount approved by the General Assembly and the Governor for administration and enforcement of this chapter and Chapter 33 (relating to local ordinances relating to oil and gas operations).

(ii) The actual expenditures directly attributable to the administration and enforcement of this chapter and Chapter 33.

(3) By June 30, 2012, and each June 30 thereafter, the commission shall estimate its expenditures for the next fiscal year that will be directly attributable to the administration and enforcement of this chapter. After subtracting any annual administrative charges imposed under paragraph (1), amounts received by the commission under section 2314(c.1)(2) (relating to distribution of fee) and any amounts collected during the prior fiscal year that exceeded actual expenditures directly attributable to the administration and enforcement of this chapter, the commission shall assess the remaining balance on all producers subject to the unconventional gas well fee in proportion to the number of wells owned by each producer. Producers shall pay the assessments within 30 days of the receipt of notice from the commission. The amount of the assessment may be challenged by a producer consistent with 66 Pa.C.S. § 510(c), (d) and (e). Any collections that exceed any of the following shall be used to offset administrative charges or assessments for the next fiscal year:

(i) The budget amount approved by the General Assembly and the Governor for administration and enforcement of this chapter and Chapter 33.

(ii) Actual expenditures directly attributable to the administration and enforcement of this chapter and
58 Pa.C.S. § 3309 — PA Code / Title 58 / Chapter 33 / Section 3309
Applicability.
Status: in_force

(a) Ordinances.--This chapter shall apply to the enforcement of local ordinances existing on the effective date of this chapter and to the enactment or enforcement of a local ordinance enacted on or after the effective date of this chapter.

(b) Local governments.--A local government that has enacted a local ordinance relating to oil and gas operations prior to the effective date of this chapter shall have 120 days from the effective date of this chapter to review and amend an ordinance in order to comply with this chapter.
58 Pa.C.S. § 2301 — PA Code / Title 58 / Chapter 23 / Section 2301
Definitions.
Status: in_force

The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:

"Average annual price of natural gas." The arithmetic mean of the New York Mercantile Exchange (NYMEX) settled price for the near-month contract, as reported by the Wall Street Journal for the last trading day of each month of a calendar year for the 12-month period ending December 31.

"Company." An entity doing business within this Commonwealth and subject to tax under Article III, IV or VI of the act of March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code of 1971.

"Commission." The Pennsylvania Public Utility Commission.

"Department." The Department of Environmental Protection of the Commonwealth.

"Eligible applicant." Any of the following:

(1) A county, municipality, council of governments, watershed organization, institution of higher education or nonprofit organization.

(2) An authorized organization as defined in 27 Pa.C.S. § 6103 (relating to definitions).

(3) A company, other than a producer.

"Fee." The unconventional gas well fee imposed under section 2302 (relating to unconventional gas well fee).

"Fund." The Unconventional Gas Well Fund.

"Highway mileage." The number of miles of public roads and streets most recently certified by the Department of Transportation as eligible for distribution of liquid fuels funds under the act of June 1, 1956 (1955 P.L.1944, No.655), referred to as the Liquid Fuels Tax Municipal Allocation Law.

"Municipality." A borough, city, town or township.

"Natural gas." A fossil fuel consisting of a mixture of hydrocarbon gases, primarily methane, and possibly including ethane, propane, butane, pentane, carbon dioxide, oxygen, nitrogen and hydrogen sulfide and other gas species. The term includes natural gas from oil fields known as associated gas or casing head gas, natural gas fields known as nonassociated gas, coal beds, shale beds and other formations. The term does not include coal bed methane.

"Number of spud unconventional gas wells." The most recent numerical count of spud unconventional gas wells on the inventory maintained and provided to the commission by the department as of the last day of each month.

"Population." As follows:

(1) Population of the Commonwealth and population of a county shall be determined using the United States Census Bureau's most recently released Annual Estimates of the Resident Population for Counties of Pennsylvania.

(2) Population of a municipality shall be determined using the United States Census Bureau's most recently released Annual Estimates for the Resident Population for Incorporated Places in Pennsylvania.

(3) Population of municipalities not included in the report referenced under paragraph (2) shall be determined using the United States Census Bureau's most recently released Annual Estimates of the Resident Population for Minor Civil Divisions in Pennsylvania.

"Producer." A person or its subsidiary, affiliate or holding company that holds a permit or other authorization to engage in the business of severing natural gas for sale, profit or commercial use from an unconventional gas well in this Commonwealth. The term shall not include a producer that severs natural gas from a site used to store natural gas that did not originate from the site.

"Spud." The actual start of drilling of an unconventional gas well.

"Stripper well." An unconventional gas well incapable of producing more than 90,000 cubic feet of gas per day during any calendar month, including production from all zones and multilateral well bores at a single well, without regard to whether the production is separately metered.

"Unconventional formation." A geological shale formation existing below the base of the Elk Sandstone or its geologic equivalent stratigraphic interval where natural gas generally cannot be produced at economic flow rates or in economic volumes except by vertical or horizontal well bores stimulated by hydraulic fracture treatments or by using multilateral well

bores or other techniques to expose more of the formation to the well bore.

"Unconventional gas well." A bore hole drilled or being drilled for the purpose of or to be used for the production of natural gas from an unconventional formation.

"Vertical gas well." An unconventional gas well which utilizes hydraulic fracture treatment through a single vertical well bore and produces natural gas in quantities greater than that of a stripper well.
58 Pa.C.S. § 3259 — PA Code / Title 58 / Chapter 32 / Section 3259
Unlawful conduct.
Status: in_force

It shall be unlawful for any person to:

(1) Drill, alter, operate or utilize an oil or gas well without a permit or registration from the department as required by this chapter or in violation of rules or regulations adopted under this chapter, orders of the department or a term or condition of a permit issued by the department.

(2) Conduct an activity related to drilling for or production of oil and gas:

(i) contrary to this chapter, rules or regulations adopted under this chapter, an order of the department or a term or condition of a permit issued by the department; or

(ii) in any manner as to create a public nuisance or adversely affect public health, safety, welfare or the environment.

(3) Refuse, obstruct, delay or threaten an agent or employee of the department acting in the course of lawful performance of a duty under this chapter, including, but not limited to, entry and inspection.

(4) Attempt to obtain a permit or identify a well as an orphan well by misrepresentation or failure to disclose all relevant facts.

(5) Cause abandonment of a well by removal of casing or equipment necessary for production without plugging the well in the manner prescribed under section 3220 (relating to plugging requirements), except that the owner or operator of a well may temporarily remove casing or equipment necessary for production, but only if it is part of the normal course of production activities.
58 Pa.C.S. § 3308 — PA Code / Title 58 / Chapter 33 / Section 3308
Ineligibility.
Status: in_force

If the commission, Commonwealth Court or the Supreme Court issues an order that a local ordinance violates the MPC, this chapter or Chapter 32 (relating to development), the municipality enacting or enforcing the local ordinance shall be immediately ineligible to receive any funds collected under
58 Pa.C.S. § 3221 — PA Code / Title 58 / Chapter 32 / Section 3221
Alternative methods.
Status: in_force

A well operator may request permission to use a method or material other than those required by this chapter and applicable regulations for casing, plugging or equipping a well in an application to the department which describes the proposed alternative in reasonable detail and indicates the manner in which it will accomplish the goals of this chapter. Notice of filing of the application shall be given by the well operator by certified mail to any affected coal operators, who may, within 15 days after the notice, file objections to the proposed alternative method or material. If no timely objections are filed or raised by the department, the department shall determine whether to allow use of the proposed alternative method or material. Cross References. Section 3221 is referred to in sections 3233, 3234 of this title.
58 Pa.C.S. § 3501 — PA Code / Title 58 / Chapter 35 / Section 3501
Declaration of policy.
Status: in_force

The General Assembly finds and declares as follows:

(1) The enactment of this chapter is an exercise of the authority of the Commonwealth to safeguard the vital interests of its citizens.

(2) This chapter is intended to advance the significant and legitimate public purpose of ensuring that entities responsible for the impacts of unconventional oil and gas well development are solely responsible for payment of impact fees.
58 Pa.C.S. § 3502 — PA Code / Title 58 / Chapter 35 / Section 3502
Prohibition.
Status: in_force

A producer may not make the fee authorized under Chapter 23 (relating to unconditional gas well fee) an obligation, indebtedness or liability of a landowner, leaseholder or other person in possession of real property, upon which the removal or extraction occurs.

Cross References. Section 3502 is referred to in sections 3503, 3504 of this title.
58 Pa.C.S. § 2504 — PA Code / Title 58 / Chapter 25 / Section 2504
Appropriation of money (Repealed).
Status: repealed

2017 Repeal. Section 2504 was repealed October 30, 2017, P.L.725, No.44, effective immediately.
58 Pa.C.S. § 3222.1 — PA Code / Title 58 / Chapter 32 / Section 3222.1
Hydraulic fracturing chemical disclosure requirements.
Status: in_force

(a) Applicability.--This section applies to hydraulic fracturing of unconventional wells performed on or after the effective date of this section.

(b) Required disclosures.--

(1) Except as provided under subsection (d), a service provider who performs any part of a hydraulic fracturing treatment and a vendor who provides hydraulic fracturing additives directly to the operator for a hydraulic fracturing treatment shall furnish the operator with the information required under paragraph (2) not later than 60 days after the commencement of the hydraulic fracturing.

(2) Within 60 days following the conclusion of hydraulic fracturing, the operator of the well shall complete the chemical disclosure registry form and post the form on the chemical disclosure registry in accordance with regulations promulgated under this chapter in a format that does not link chemicals to their respective hydraulic fracturing additive.

(3) If the vendor, service provider or operator claims that the specific identity of a chemical or the concentration of a chemical, or both, are a trade secret or confidential proprietary information, the operator of the well must indicate that on the chemical disclosure registry form, and the vendor, service provider or operator shall submit a signed written statement that the record contains a trade secret or confidential proprietary information. If a chemical is a trade secret, the operator shall include in the chemical registry disclosure form the chemical family or similar description associated with the chemical.

(4) At the time of claiming that any of the following are entitled to protection under paragraph (3), a vendor, service provider or operator shall file a signed written statement that the record contains a trade secret or confidential proprietary information:

(i) A hydraulic fracturing additive.

(ii) A chemical.

(iii) A concentration.

(iv) Any combination of subparagraphs (i), (ii) and

(iii).

(5) Unless the information is entitled to protection as a trade secret or confidential proprietary information, information submitted to the department or posted to the chemical disclosure registry shall be a public record.

(6) By January 1, 2013, the department shall determine whether the chemical disclosure registry allows the department and the public to search and sort Pennsylvania chemical disclosure information by geographic area, chemical ingredient, chemical abstract service number, time period and operator. If the department determines that there is no reasonable assurance that the registry will allow for searches by geographic area, chemical ingredient, chemical abstract service number, time period and operator, at a date acceptable to the department, the department shall investigate the feasibility of making the information under paragraph (2) available on the department's Internet website in a manner that will allow the department and the public to search and sort the information by geographic area,

chemical ingredient, chemical abstract service number, time period and operator and shall report to the General Assembly whether additional resources may be needed to implement the searches and sorting.

(7) A vendor shall not be responsible for any inaccuracy in information that is provided to the vendor by a third-party manufacturer.

(8) A service provider shall not be responsible for any inaccuracy in information that is provided to the service provider by the vendor.

(9) An operator shall not be responsible for any inaccuracy in information provided to the operator by the vendor or service provider or manufacturer.

(10) A vendor, service company or operator shall identify the specific identity and amount of any chemicals claimed to be a trade secret or confidential proprietary information to any health professional who requests the information in writing if the health professional executes a confidentiality agreement and provides a written statement of need for the information indicating all of the following:

(i) The information is needed for the purpose of diagnosis or treatment of an individual.

(ii) The individual being diagnosed or treated may have been exposed to a hazardous chemical.

(iii) Knowledge of information will assist in the diagnosis or treatment of an individual.

(11) If a health professional determines that a medical emergency exists and the specific identity and amount of any chemicals claimed to be a trade secret or confidential proprietary information are necessary for emergency treatment, the vendor, service provider or operator shall immediately disclose the information to the health professional upon a verbal acknowledgment by the health professional that the information may not be used for purposes other than the health needs asserted and that the health professional shall maintain the information as confidential. The vendor, service provider or operator may request, and the health professional shall provide upon request, a written statement of need and a confidentiality agreement from the health professional as soon as circumstances permit, in conformance with regulations promulgated under this chapter.

(c) Disclosures not required.--Notwithstanding any other provision of this chapter, a vendor, service provider or operator shall not be required to do any of the following:

(1) Disclose chemicals that are not disclosed to it by the manufacturer, vendor or service provider.

(2) Disclose chemicals that were not intentionally added to the stimulation fluid.

(3) Disclose chemicals that occur incidentally or are otherwise unintentionally present in trace amounts, may be the incidental result of a chemical reaction or chemical process or may be constituents of naturally occurring materials that become part of a stimulation fluid.

(d) Trade secrets and confidential proprietary information.--

(1) Notwithstanding any other provision of this chapter, a vendor, service company or operator shall not be required to disclose trade secrets or confidential proprietary information to the chemical disclosure registry.

(2) The following shall apply:

(i) If the specific identity of a chemical, the concentration of a chemical or both the specific identity and concentration of a chemical are claimed to be a trade secret or confidential proprietary information, the vendor, service provider or operator may withhold the specific identity, the concentration, or both the specific identity and concentration, of the chemical from the information provided to the chemical disclosure registry.

(ii) Nothing under this paragraph shall prohibit any of the following from obtaining from a vendor, service provider or operator information that may be needed to respond to a spill or release:

(A) The department.

(B) A public health official.

(C) An emergency manager.

(D) A responder to a spill, release or a complaint from a person who may have been directly and adversely affected or aggrieved by the spill or release.

(iii) Upon receipt of a written statement of need for the information under subparagraph (ii), the information shall be disclosed by the vendor, service provider or operator to the requesting official or entity authorized under subparagraph (ii) and shall not be a public record.

(e) Disclosure prevented.--The department shall prevent disclosure of trade secrets or confidential proprietary information under this section pursuant to the requirements of the Right-to-Know Law or other applicable State law.

(f) Well reporting.--Notwithstanding any other provision of law, nothing in this section shall be construed to reduce or modify the disclosure requirements for conventional well operators contained in 25 Pa. Code Ch. 78 Subch. E (relating to well reporting). Special Provisions in Appendix. See section 4(3)(xiv) of Act 13 of 2012 in the appendix to this title for special provisions relating to continuation of prior law.
58 Pa.C.S. § 3271.1 — PA Code / Title 58 / Chapter 32 / Section 3271.1
Well plugging contracts.
Status: in_force

(a) General rule.--Notwithstanding any other provision of law:

(1) The department shall allow any Pennsylvania company to bid for a contract that the department plans to award for plugging oil or gas wells, regardless of the size of the company. This paragraph shall not prohibit the department from accepting or awarding bids for contracts for plugging oil or gas wells from companies which are not Pennsylvania companies if no other law, regulation or Executive Order would prevent the company which is not a Pennsylvania company from bidding.

(2) (Reserved).

(b) Definition.--As used in this section, the term "Pennsylvania company" means a business entity that:

(1) has its main offices or headquarters located within this Commonwealth and conducts at least 50% of its business activities within this Commonwealth; or

(2) will bid for State contracts for plugging oil or gas wells and subcontract the work to subcontractors selected through a competitive bidding process that gives priority to subcontractors that satisfy the criteria specified under paragraph (1) when possible. (Nov. 3, 2022, P.L.1987, No.136, eff. 60 days) 2022 Amendment. Act 136 added section 3271.1.
58 Pa.C.S. § 3222 — PA Code / Title 58 / Chapter 32 / Section 3222
Well reporting requirements.
Status: in_force

(a) General rule.--Except as provided in subsection (a.1), each well operator shall file with the department, on a form provided by the department, an annual report specifying the amount of production, on the most well-specific basis available, along with the status of each well, except that in subsequent years only changes in status must be reported. The Commonwealth may utilize reported information in enforcement proceedings, in making designations or determinations under section 1927-A of the act of April 9, 1929 (P.L.177, No.175), known as The Administrative Code of 1929, or in aggregate form for statistical purposes.

(a.1) Unconventional wells.--(Repealed).

(b) Collection of data.--

(1) Well operators shall maintain a record of each well drilled or altered.

(2) A record containing the information required by the department shall be filed within 30 days after drilling of a well.

(3) Within 30 days after completion of the well, when the well is capable of production, a completion report containing any additional required information shall be filed and shall be maintained by the department.

(4) Upon request of the department, the well operator shall, within 90 days of completion or recompletion of drilling, submit a copy of any electrical, radioactive or other standard industry logs which have been run.

(5) Upon request by the department within one year, the well operator shall file a copy of drill stem test charts, formation water analysis, porosity, permeability or fluid saturation measurements, core analysis and lithologic log or sample description or other similar data as compiled. No information shall be required unless the well operator had it compiled in the ordinary course of business, and

interpretation of data under this paragraph is not required to be filed.

(b.1) Report contents.--

(1) The completion report shall contain the operator's stimulation record. The stimulation record shall include all of the following:

(i) A descriptive list of the chemical additives in the stimulation fluids, including any acid, biocide, breaker, brine, corrosion inhibitor, crosslinker, demulsifier, friction reducer, gel, iron control, oxygen scavenger, Ph adjusting agent, proppant, scale inhibitor and surfactant.

(ii) The trade name, vendor and a brief descriptor of the intended use or function of each chemical additive in the stimulation fluid.

(iii) A list of the chemicals intentionally added to the stimulation fluid, by name and chemical abstract service number.

(iv) The maximum concentration, in percent by mass, of each chemical intentionally added to the stimulation fluid.

(v) The total volume of the base fluid.

(vi) A list of water sources used under the approved water management plan and the volume of water used.

(vii) The pump rates and pressure used in the well.

(viii) The total volume of recycled water used.

(2) The well record shall identify all of the following:

(i) Whether methane was encountered in other than a target formation.

(ii) The country of origin and manufacture of tubular steel products used in the construction of the well.

(b.2) Trade secret or confidential proprietary information.--When an operator submits its stimulation record under subsection (b.1), the operator may designate specific portions of the stimulation record as containing a trade secret or confidential proprietary information. The department shall prevent disclosure of a designated trade secret or confidential proprietary information to the extent permitted by the act of February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law or other applicable State law.

(c) Drill cuttings and core samples.--Upon notification by the department prior to commencement of drilling, the well operator shall collect any additional data specified by the department, including representative drill cuttings and samples from cores taken and any other geological information that the operator reasonably can compile. Interpretation of the data is not required to be filed.

(d) Retention and filing.--Data required under subsection

(b)(5) and drill cuttings required under subsection (c) shall be retained by the well operator and filed with the department no more than three years after completion of the well. Upon request, the department shall extend the deadline up to five years from the date of completion of the well. The department shall be entitled to utilize information collected under this subsection in enforcement proceedings, in making designations or determinations under section 1927-A of The Administrative Code of 1929 and in aggregate form for statistical purposes. (Oct. 22, 2014, P.L.2853, No.173, eff. Mar. 31, 2015) 2014 Repeal. Act 173 repealed subsec. (a.1).

Special Provisions in Appendix. See section 4(3)(xiii) of Act 13 of 2012 in the appendix to this title for special provisions relating to continuation of prior law.
58 Pa.C.S. § 2304 — PA Code / Title 58 / Chapter 23 / Section 2304
Well information.
Status: in_force

(a) List.--Within 14 days of the effective date of this section, the department shall provide the commission and, upon request, a county, with a list of all spud unconventional gas wells from the department. The department shall update the list and provide it to the commission on a monthly basis.

(b) Updates.--A producer subject to the fee shall notify the commission of the following within 30 days after a calendar month in which the change occurs:

(1) The spudding of an unconventional gas well.

(1.1) The initiation of production at an unconventional gas well.

(2) The removal of an unconventional gas well from production.
58 Pa.C.S. § 3217 — PA Code / Title 58 / Chapter 32 / Section 3217
Protection of fresh groundwater and casing requirements.
Status: in_force

(a) General rule.--To aid in protection of fresh groundwater, well operators shall control and dispose of brines produced from the drilling, alteration or operation of an oil or gas well in a manner consistent with the act of June 22, 1937 (P.L.1987, No.394), known as The Clean Streams Law, or any regulation promulgated under The Clean Streams Law.

(b) Casing.--To prevent migration of gas or fluids into sources of fresh groundwater and pollution or diminution of fresh groundwater, a string or strings of casing shall be run and permanently cemented in each well drilled through the fresh water-bearing strata to a depth and in a manner prescribed by regulation by the department.

(c) Procedure when coal has been removed.--If a well is drilled at a location where coal has been removed from one or more coal seams, the well shall be drilled and cased to prevent migration of gas or fluids into the seam from which coal has been removed in a manner prescribed by regulation of the department. The department and the coal operator, owner or lessee shall be given at least 72 hours' notice prior to commencement of work protecting the mine.

(d) Procedure when coal has not been removed.--If a well is drilled at a location where the coal seam has not been removed, the well shall be drilled to a depth and of a size sufficient to permit placement of casing, packers in and vents on the hole at the points and in the manner prescribed by regulation to exclude gas or fluids from the coal seam, except gas or fluids found naturally in the seam itself, and to enable monitoring the integrity of the production casing. Cross References. Section 3217 is referred to in sections 3211, 3252 of this title.
58 Pa.C.S. § 2318 — PA Code / Title 58 / Chapter 23 / Section 2318
Expiration.
Status: in_force

(a) Notice.--The Secretary of the Commonwealth shall, upon the imposition of a severance tax on unconventional gas wells in this Commonwealth, submit for publication in the Pennsylvania Bulletin notice of the imposition.

(b) Date.--This chapter shall expire on the date of the publication of the notice under subsection (a).
58 Pa.C.S. § 3271 — PA Code / Title 58 / Chapter 32 / Section 3271
Well plugging funds.
Status: in_force

(a) Appropriation.--Fines, civil penalties and permit and registration fees collected under this chapter are appropriated to the department to carry out the purposes of this chapter.

(b) Surcharge.--To aid in indemnifying the Commonwealth for the cost of plugging abandoned wells, a $50 surcharge is added to the permit fee established by the department under section 3211 (relating to well permits) for new wells. Money collected as a result of the surcharge shall be paid into a restricted revenue account in the State Treasury to be known as the Abandoned Well Plugging Fund and expended by the department to plug abandoned wells threatening the health and safety of persons or property or pollution of waters of this Commonwealth.

(c) Orphan Well Plugging Fund.--The following shall apply:

(1) A restricted revenue account to be known as the Orphan Well Plugging Fund is created. A $100 surcharge for wells to be drilled for oil production and a $200 surcharge for wells to be drilled for gas production are added to the permit fee established by the department under section 3211 for new wells. The surcharges shall be placed in the Orphan Well Plugging Fund and 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) The department shall study its experience in implementing this section and shall report its findings to the Governor and the General Assembly by August 1, 1992. The report shall contain information relating to the balance of the fund, number of wells plugged, number of identified wells eligible for plugging and recommendations as to alternative funding mechanisms.

(3) Expenditures by the department for plugging orphan wells are limited to fees collected under this chapter. No money from the General Fund shall be expended for this purpose. (July 19, 2022, P.L.1622, No.96, eff. imd.; Nov. 3, 2022, P.L.1987, No.136, eff. 60 days) 2022 Amendments. Act 96 amended subsec. (c)(1) and Act 136 amended subsec. (c)(1).
58 Pa.C.S. § 3257 — PA Code / Title 58 / Chapter 32 / Section 3257
Existing rights and remedies preserved and cumulative remedies authorized.
Status: in_force

Nothing in this chapter stops the Commonwealth or a district attorney from proceeding in a court of law or in equity to abate pollution forbidden under this chapter or a nuisance under existing law. It is hereby declared to be the purpose of this chapter to provide additional and cumulative remedies to control activities related to drilling for or production of oil and gas in this Commonwealth, and nothing contained in this chapter abridges or alters rights of action or remedies existing, or which existed previously, in equity or under common or statutory law, criminal or civil. Neither this chapter, the grant of a permit under this chapter nor an act done by virtue of this chapter stops the Commonwealth, in exercising rights under common or decisional law or in equity, from suppressing a nuisance, abating pollution or enforcing common law or statutory rights. No court of this Commonwealth with jurisdiction to abate public or private nuisances shall be deprived of jurisdiction in an action to abate a private or public nuisance instituted by any person on grounds that the nuisance constitutes air or water pollution.
58 Pa.C.S. § 3256 — PA Code / Title 58 / Chapter 32 / Section 3256
Civil penalties.
Status: in_force

In addition to other remedies available at law or in equity for a violation of this chapter, a regulation of the department, a departmental order or a permit condition, the department, after a hearing, may assess a civil penalty regardless of

whether the violation was willful. The penalty shall not exceed $25,000 plus $1,000 for each day during which the violation continues or, in the case of a violation arising from the construction, alteration or operation of an unconventional well, $75,000 plus $5,000 for each day during which the violation continues. In determining the amount, the department shall consider willfulness of the violation, damage or injury to natural resources of this Commonwealth or their uses, endangerment of safety of others, the cost of remedying the harm, savings resulting to the violator as a result of the violation and any other relevant factor. When the department proposes to assess a civil penalty, it shall notify the person of the proposed amount of the penalty. The person charged with the penalty must, within 30 days of notification, pay the proposed penalty in full or file an appeal of the assessment with the Environmental Hearing Board. Failure to comply with the time period under this section shall result in a waiver of all legal rights to contest the violation or the amount of the penalty. The civil penalty shall be payable to the Commonwealth and collectible in any manner provided at law for collection of debts. If a violator neglects or refuses to pay the penalty after demand, the amount, together with interest and costs that may accrue, shall become a lien in favor of the Commonwealth on the real and personal property of the violator, but only after the lien has been entered and docketed of record by the prothonotary of the county where the property is situated. The department may transmit to the prothonotaries of the various counties certified copies of all liens. It shall be the duty of each prothonotary to enter and docket the liens of record in the prothonotary's office and index them as judgments are indexed, without requiring payment of costs as a condition precedent to entry. Special Provisions in Appendix. See section 4(3)(xxi) of Act 13 of 2012 in the appendix to this title for special provisions relating to continuation of prior law. Cross References. Section 3256 is referred to in section 3254 of this title.
58 Pa.C.S. § 3254.1 — PA Code / Title 58 / Chapter 32 / Section 3254.1
Well control emergency response cost recovery.
Status: in_force

A person liable for a well control emergency is responsible for all response costs incurred by the department to respond to the well control emergency. In an action before a court of competent jurisdiction, the department may recover all its response costs, including the cost of regaining control of the well, controlling the perimeter of the well site, preparing water sprays, establishing trenches or dikes to capture runoff fluids and providing the resources and equipment needs for the incident. Special Provisions in Appendix. See section 4(3)(xix) of Act 13 of 2012 in the appendix to this title for special provisions relating to continuation of prior law.
58 Pa.C.S. § 3218.4 — PA Code / Title 58 / Chapter 32 / Section 3218.4
Corrosion control requirements.
Status: in_force

(a) Pipelines.--All buried metallic pipelines shall be installed and placed in operation in accordance with 49 CFR Pt. 192 Subpt. I (relating to requirements for corrosion control).

(b) Tanks.--Permanent aboveground and underground tanks must comply with the applicable corrosion control requirements in the department's storage tank regulations.

(c) Other structures.--For all other buried metallic structures, including well casings, the Environmental Quality Board shall promulgate regulations setting forth methods of determining the need for corrosion protection and installing necessary corrosion protection.

(d) Procedures.--The corrosion control procedures under subsections (a) and (b) must be carried out by or under the direction of a person qualified in corrosion methods.

(e) Compliance.--An operator of a new, replaced, relocated or otherwise changed pipeline must be in compliance with the applicable requirements of this section by the date the pipeline goes into service. Special Provisions in Appendix. See section 4(3)(x) of Act 13 of 2012 in the appendix to this title for special provisions relating to continuation of prior law.
58 Pa.C.S. § 3218.3 — PA Code / Title 58 / Chapter 32 / Section 3218.3
Transportation records regarding wastewater fluids.
Status: in_force

(a) Requirements.--A well operator of an unconventional well that transports wastewater fluids shall do all of the following:

(1) Maintain records for five years, in accordance with regulations under subsection (b) and on a form approved by the department, of the amount and destination of the fluids transported.

(2) Make the records under paragraph (1) available to the department upon request.

(b) Recordkeeping.--Recordkeeping requirements shall be determined by the department and shall include the following:

(1) The number of gallons of wastewater fluids produced in the drilling, stimulation or alteration of a well.

(2) Upon completion of the well, the name of the person or company that transported the wastewater fluids to a disposal site or to a location other than the well site.

(3) Each location where wastewater fluids were disposed of or transported and the volumes that were disposed of at the location other than the well site.

(4) The method of disposal. Special Provisions in Appendix. See section 4(3)(ix) of Act 13 of 2012 in the appendix to this title for special provisions relating to continuation of prior law.