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2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 58 - OIL AND GAS › Chapter 28 - Oil and Gas Well Plugging Oversight › Section 2822 - Grants

§ 2822. Grants.
(a) Availability.--
A qualified well plugger that plugs an eligible well shall be eligible for a grant as provided under this subchapter.
(b) Amount.--
Subject to subsection (c), a grant under this subchapter shall be:
(1) In the amount of $40,000 for every eligible well plugged that is an orphan well of a depth of 3,000 feet or less or the actual cost of the qualified well plugger to plug the well, whichever is less.
(2) In the amount of $70,000 for every eligible well plugged that is an orphan well of a depth greater than 3,000 feet or the actual cost of the qualified well plugger to plug the well, whichever is less.
(c) Adjustment.--
(1) If the department finds that it is not receiving an adequate number of applications for grants under this section, the department may increase the amounts under subsection (b) at its discretion by posting the increased amounts on its publicly accessible Internet website.
(2) The department may not decrease the amounts specified in this subsection.
(Nov. 3, 2022, P.L.1987, No.136, eff. 60 days)
Cross References.
Section 2822 is referred to in section 2825 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 58 - OIL AND GAS › Chapter 28 - Oil and Gas Well Plugging Oversight › Section 2823 - Eligible wells

§ 2823. Eligible wells.
(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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 58 - OIL AND GAS › Chapter 28 - Oil and Gas Well Plugging Oversight › Section 2824 - Qualified well plugger

§ 2824. Qualified well plugger.
(a) Criteria.--
A person shall qualify as a qualified well plugger if the person demonstrates access to the equipment, materials, resources and services to plug wells in accordance with section 3220 (relating to plugging requirements).
(1) (Deleted by amendment).
(2) (Deleted by amendment).
(3) (Deleted by amendment).
(b) Legal responsibility.--
A qualified well plugger shall not be the person who is legally responsible for plugging the orphan well.
(c) Effect of continuing violations.--
(1) In order to receive a grant under this subchapter, the applicant, or a parent or subsidiary business entity of the applicant, may not be in continuing violation of this chapter, any other statute administered by the department, a regulation promulgated under this chapter or a statute administered by the department or a plan approval, permit or order of the department, unless the violation is being corrected to the satisfaction of the department.
(2) This subsection shall not apply to an applicant who has committed a violation until the department has taken a final action on the violation and:
(i) the applicant has not appealed the final action in accordance with the act of July 13, 1988 (P.L.530, No.94), known as the Environmental Hearing Board Act; or
(ii) if an appeal has been filed, no supersedeas has been issued.
(Nov. 3, 2022, P.L.1987, No.136, eff. 60 days)
Cross References.
Section 2824 is referred to in section 2802 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 58 - OIL AND GAS › Chapter 28 - Oil and Gas Well Plugging Oversight › Section 2826 - Reports

§ 2826. Reports.
(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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 58 - OIL AND GAS › Chapter 32 - Development › Extra - Chapter Notes

Enactment.
Chapter 32 was added February 14, 2012, P.L.87, No.13, effective in 60 days.
Cross References.
Chapter 32 is referred to in sections 3302, 3304, 3305, 3306, 3307, 3308 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 58 - OIL AND GAS › Chapter 32 - Development › Section 3202 - Declaration of purpose of chapter

§ 3202. Declaration of purpose of chapter.
The purposes of this chapter are to:
(1) Permit optimal development of oil and gas resources of this Commonwealth consistent with protection of the health, safety, environment and property of Pennsylvania citizens.
(2) Protect the safety of personnel and facilities employed in coal mining or exploration, development, storage and production of natural gas or oil.
(3) Protect the safety and property rights of persons residing in areas where mining, exploration, development, storage or production occurs.
(4) Protect the natural resources, environmental rights and values secured by the Constitution of Pennsylvania.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 58 - OIL AND GAS › Chapter 32 - Development › Section 3212.1 - Comments by municipalities and storage operators

§ 3212.1. Comments by municipalities and storage operators.
(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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 58 - OIL AND GAS › Chapter 32 - Development › Section 3217 - Protection of fresh groundwater and casing requirements

§ 3217. Protection of fresh groundwater and casing requirements.
(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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 58 - OIL AND GAS › Chapter 32 - Development › Section 3218.1 - Notification to public drinking water systems

§ 3218.1. Notification to public drinking water systems.
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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 58 - OIL AND GAS › Chapter 32 - Development › Section 3218.2 - Containment for unconventional wells

§ 3218.2. Containment for unconventional wells.
(a) Sites.--
Unconventional well sites shall be designed and constructed to prevent spills to the ground surface or spills off the well site. Containment practices shall meet all of the following:
(1) Be instituted on the well site during both drilling and hydraulic fracturing operations.
(2) Be sufficiently impervious and able to contain spilled material or waste until it can be removed or treated.
(3) Be compatible with the waste material or waste stored or used within the containment.
(4) Additional practices as promulgated in regulation by the Environmental Quality Board.
(b) Plan.--
The applicant shall submit a plan to the department describing the containment practices to be utilized and the area of the well site where containment systems will be employed. The plan shall include a description of the equipment to be kept onsite during drilling and hydraulic fracturing operations to prevent a spill from leaving the well site.
(c) Materials stored.--
Containment systems shall be used wherever any of the following are stored:
(1) Drilling mud.
(2) Hydraulic oil.
(3) Diesel fuel.
(4) Drilling mud additives.
(5) Hydraulic fracturing additives.
(6) Hydraulic fracturing flowback.
(d) Capacity.--
Areas where any additives, chemicals, oils or fuels are to be stored must have sufficient containment capacity to hold the volume of the largest container stored in the area plus 10% to allow for precipitation, unless the container is equipped with individual secondary containment.
(e) 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)(viii) of Act 13 of 2012 in the appendix to this title for special provisions relating to continuation of prior law.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 58 - OIL AND GAS › Chapter 32 - Development › Section 3218.3 - Transportation records regarding wastewater fluids

§ 3218.3. Transportation records regarding wastewater fluids.
(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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 58 - OIL AND GAS › Chapter 32 - Development › Section 3218.4 - Corrosion control requirements

§ 3218.4. Corrosion control requirements.
(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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 58 - OIL AND GAS › Chapter 32 - Development › Section 3218.5 - Gathering lines

§ 3218.5. Gathering lines.
(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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 58 - OIL AND GAS › Chapter 32 - Development › Section 3219 - Use of safety devices

§ 3219. Use of safety devices.
Any person engaged in drilling an oil or gas well shall equip it with casings of sufficient strength, and other safety devices as are necessary, in the manner prescribed by regulation of the department, and shall use every effort and endeavor effectively to prevent blowouts, explosions and fires.
Cross References.
Section 3219 is referred to in section 3252 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 58 - OIL AND GAS › Chapter 32 - Development › Section 3219.1 - Well control emergency response

§ 3219.1. Well control emergency response.
(a) Contracts.--
The department may enter into contracts with well control specialists in order to provide adequate emergency response services in the event of a well control emergency. The department shall make available, upon request by a county, information relating to contracts with well control specialists.
(b) Civil immunity.--
Except as set forth in subsection (c), a well control specialist with which the department has entered into a contract under subsection (a) shall be immune from civil liability for actions taken in good faith to carry out its contractual obligations.
(c) Nonapplicability.--
Subsection (b) shall not apply to damage arising from any of the following:
(1) Breach of the contract under subsection (a).
(2) An intentional tort.
(3) Gross negligence.
Special Provisions in Appendix.
See section 4(3)(xii) of Act 13 of 2012 in the appendix to this title for special provisions relating to continuation of prior law.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 58 - OIL AND GAS › Chapter 32 - Development › Section 3221 - Alternative methods

§ 3221. Alternative methods.
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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 58 - OIL AND GAS › Chapter 32 - Development › Section 3223 - Notification and effect of well transfer

§ 3223. Notification and effect of well transfer.
The owner or operator of a well shall notify the department in writing within 30 days, in a form directed by regulation, of sale, assignment, transfer, conveyance or exchange by or to the owner of the well. A transfer shall not relieve the well owner or operator of an obligation accrued under this chapter, nor shall it relieve the owner or operator of an obligation to plug the well until the requirements of section 3225 (relating to bonding) have been met, at which time the transferring owner or operator shall be relieved from all obligations under this chapter, including the obligation to plug the well.
Cross References.
Section 3223 is referred to in section 3225 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 58 - OIL AND GAS › Chapter 32 - Development › Section 3226 - Oil and Gas Technical Advisory Board

§ 3226. Oil and Gas Technical Advisory Board.
(a) Creation of board.--
The Oil and Gas Technical Advisory Board is created, consisting of the following members, all of whom shall be chosen by the Governor and shall be residents of this Commonwealth:
(1) Three individuals, each of whom shall be:
(i) a petroleum engineer;
(ii) a petroleum geologist; or
(iii) an experienced driller representative of the oil and gas industry with three years of experience in this Commonwealth.
(2) One mining engineer from the coal industry with three years of experience in this Commonwealth.
(3) One geologist or petroleum engineer with three years of experience in this Commonwealth, who shall be chosen from a list of three names submitted by the Citizens Advisory Council to the Governor and who shall sit as a representative of the public interest.
(b) Reimbursement.--
Board members shall not receive a salary but shall be reimbursed for all necessary expenses incurred in the performance of their duties.
(c) Majority vote.--
All actions of the board shall be by majority vote. The board shall meet as called by the secretary, but not less than semiannually, to carry out its duties under this chapter. The board shall select a chairman and other officers deemed appropriate.
(d) Consultation.--
The department shall consult with the board in the formulation, drafting and presentation stages of all regulations of a technical nature promulgated under this chapter. The board shall be given a reasonable opportunity to review and comment on all regulations of a technical nature prior to submission to the Environmental Quality Board for initial consideration. The written report of the board shall be presented to the Environmental Quality Board with any regulatory proposal. The chairman of the board shall be invited to participate in the presentation of all regulations of a technical nature before the Environmental Quality Board to the extent allowed by procedures of the Environmental Quality Board. Nothing herein shall preclude any member of the board from filing a petition for rulemaking with the Environmental Quality Board in accordance with procedures established by the Environmental Quality Board.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 58 - OIL AND GAS › Chapter 32 - Development › Section 3227 - Air contaminant emissions

§ 3227. Air contaminant emissions.
(a) Natural gas operations.--
An owner or operator of a facility conducting natural gas operations in unconventional formations including development, production, transmission and processing shall submit to the department a source report identifying and quantifying actual air contaminant emissions from any air contamination source. The report shall include a description of the methods used to calculate annual emissions.
(b) Air contamination sources.--
An owner or operator of a stationary air contamination source shall complete the reports required under this section using forms and procedures specified by the department.
(c) Nitrogen oxides and volatile organic compounds.--
A statement under 25 Pa. Code Ch. 135 (relating to reporting of sources) for nitrogen oxides and volatile organic compounds shall be submitted to the department according to the schedule specified in subsection (d).
(d) Time.--
The report for 2011 actual emissions shall be submitted to the department on a schedule established by the department. Each year after 2011, the report shall be submitted to the department by March 1 for air contaminant emissions during the preceding calendar year unless a different reporting schedule is required by the Clean Air Act (69 Stat. 322, 42 U.S.C. § 7401 et seq.) or regulations adopted under that act.
Special Provisions in Appendix.
See section 4(3)(xvi) of Act 13 of 2012 in the appendix to this title for special provisions relating to continuation of prior law.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 58 - OIL AND GAS › Chapter 32 - Development › Section 3235 - Inspection of facilities and records

§ 3235. Inspection of facilities and records.
(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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 58 - OIL AND GAS › Chapter 32 - Development › Section 3236 - Reliance on maps and burden of proof

§ 3236. Reliance on maps and burden of proof.
(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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 58 - OIL AND GAS › Chapter 32 - Development › Section 3237 - Exemptions and prohibitions

§ 3237. Exemptions and prohibitions.
(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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 58 - OIL AND GAS › Chapter 32 - Development › Section 3251 - Conferences

§ 3251. Conferences.
(a) General rule.--
The department or any person having a direct interest in a matter subject to this chapter may, at any time, request that a conference be held to discuss and attempt to resolve by mutual agreement a matter arising under this chapter. Unless otherwise provided, conferences shall be held within 90 days after a request is received by the department, and notice shall be given by the department to all interested parties. A representative of the department shall attend the conference and the department may make recommendations. An agreement reached at a conference shall be consistent with this chapter and, if approved by the department, it shall be reduced to writing and shall be effective, unless reviewed and rejected by the department within ten days after the conference. The record of an agreement approved by the department shall be kept on file by the department and copies shall be furnished to the parties. The scheduling of a conference shall have no effect on the department's authority to issue orders to compel compliance with this chapter.
(b) Notification.--
When a coal operator is to be notified of a proceeding under this section, the department simultaneously shall send a copy of the notice to the collective bargaining representative of employees of the coal operator.
Cross References.
Section 3251 is referred to in sections 3203, 3212, 3224, 3231, 3233, 3234 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 58 - OIL AND GAS › Chapter 32 - Development › Section 3252 - Public nuisances

§ 3252. Public nuisances.
A violation of section 3217 (relating to protection of fresh groundwater and casing requirements), 3218 (relating to protection of water supplies), 3219 (relating to use of safety devices) or 3220 (relating to plugging requirements), or a regulation, order, term or condition of a permit relating to any of those sections constitutes a public nuisance.
Special Provisions in Appendix.
See section 4(3)(xvii) of Act 13 of 2012 in the appendix to this title for special provisions relating to continuation of prior law.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 58 - OIL AND GAS › Chapter 32 - Development › Section 3253 - Enforcement orders

§ 3253. Enforcement orders.
(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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 58 - OIL AND GAS › Chapter 32 - Development › Section 3254 - Restraining violations

§ 3254. Restraining violations.
(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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 58 - OIL AND GAS › Chapter 32 - Development › Section 3254.1 - Well control emergency response cost recovery

§ 3254.1. Well control emergency response cost recovery.
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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 58 - OIL AND GAS › Chapter 32 - Development › Section 3255 - Penalties

§ 3255. Penalties.
(a) General violation.--
A person violating a provision of this chapter commits a summary offense and, upon conviction, shall be sentenced to pay a fine of not more than $1,000 or to imprisonment of not more than 90 days, or both. Each day during which the violation continues is a separate and distinct offense.
(b) Willful violation.--
A person willfully violating a provision of this chapter or an order of the department issued under this chapter commits a misdemeanor and, upon conviction, shall be sentenced to pay a fine of not more than $5,000 or to imprisonment of not more than one year, or both. Each day during which the violation continues is a separate and distinct offense.
(c) Authority.--
The department may institute a prosecution against any person or municipality for a violation of this chapter.
Special Provisions in Appendix.
See section 4(3)(xx) of Act 13 of 2012 in the appendix to this title for special provisions relating to continuation of prior law.
Cross References.
Section 3255 is referred to in section 3232 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 58 - OIL AND GAS › Chapter 32 - Development › Section 3256 - Civil penalties

§ 3256. Civil penalties.
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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 58 - OIL AND GAS › Chapter 32 - Development › Section 3257 - Existing rights and remedies preserved and cumulative remedies authorized

§ 3257. Existing rights and remedies preserved and cumulative remedies authorized.
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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 58 - OIL AND GAS › Chapter 32 - Development › Section 3259 - Unlawful conduct

§ 3259. Unlawful conduct.
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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 58 - OIL AND GAS › Chapter 32 - Development › Section 3260 - Collection of fines and penalties

§ 3260. Collection of fines and penalties.
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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 58 - OIL AND GAS › Chapter 32 - Development › Section 3261 - Third party liability

§ 3261. Third party liability.
If a person other than a well operator renders a service or product to a well or well site, that person is liable with the well owner or operator for violations of this chapter arising out of and caused by the person's actions at the well or well site, in accordance with State law.
Special Provisions in Appendix.
See section 4(3)(xxiii) of Act 13 of 2012 in the appendix to this title for special provisions relating to continuation of prior law.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 58 - OIL AND GAS › Chapter 32 - Development › Section 3262 - Inspection reports

§ 3262. Inspection reports.
The department shall post inspection reports on its publicly accessible Internet website. The inspection reports shall include:
(1) The nature and description of violations.
(2) The operator's written response to the violation, if available.
(3) The status of the violation.
(4) The remedial steps taken by the operator or the department to address the violation.
Special Provisions in Appendix.
See section 4(3)(xxiv) of Act 13 of 2012 in the appendix to this title for special provisions relating to continuation of prior law.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 58 - OIL AND GAS › Chapter 32 - Development › Section 3271 - Well plugging funds

§ 3271. Well plugging funds.
(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).