reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 78 - OIL AND GAS WELLS › Subchapter G - BONDING REQUIREMENTS › Section 78.303 - Form, terms and conditions of the bond

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The following types of security are
						approvable:
(1) A surety bond as provided in
						§
													78.304 (relating to terms and
						conditions for surety bonds).
(2) A
						collateral bond as provided in §§
													78.305-78.308. For individuals who meet
						the requirements of section 215(d.1) of the act, a phased deposit of collateral
						bond as provided in §
													78.309(b)
						(relating to phased deposit of collateral).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 78 - OIL AND GAS WELLS › Subchapter G - BONDING REQUIREMENTS › Section 78.304 - Terms and conditions for surety bonds

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The bond of a surety company that has
						failed, refused or unduly delayed to pay, in full, on a forfeited surety bond
						is not approvable.
(b) Only the
						bond of a surety authorized to do business in this Commonwealth is approvable.
						If the principal place of business of the surety is outside of this
						Commonwealth, or if the surety is not a Pennsylvania corporation, the surety
						bond shall also be signed by an authorized resident agency of the surety that
						maintains an office in this Commonwealth.
(c) The surety may cancel the bond by filing
						written notice of cancellation with the Department, the operator and the
						principal on the bond, only under the following conditions:
(1) The notice of cancellation shall be sent
						by certified mail, return receipt requested. Cancellation may not take effect
						until 120 days after receipt of the notice of cancellation by the Department,
						the operator and the principal on the bond as evidenced by return
						receipts.
(2) Within 30 days after
						receipt of a notice of cancellation, the operator shall provide the Department
						with a replacement bond under §
													78.310 (relating to replacement of
						existing bond).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 78 - OIL AND GAS WELLS › Subchapter G - BONDING REQUIREMENTS › Section 78.305 - Terms and conditions for collateral bonds-general

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Collateral documents shall be executed by
						the owner or operator.
(b) The
						market value of collateral deposited shall be at least equal to the required
						bond amount with the exception of United States Treasury Zero Coupon Bonds
						which shall have a maturity date of not more than 10 years after the date of
						purchase and at maturity a value of at least $25,000.
(c) Collateral shall be pledged and assigned
						to the Department free from claims or rights. The pledge or assignment shall
						vest in the Department a property interest in the collateral which shall remain
						until release as provided by law and is not affected by the bankruptcy,
						insolvency or other financial incapacity of the operator.
(d) The Department's ownership rights to
						deposited collateral shall be such that the collateral is readily available to
						the Department upon forfeiture. The Department may require proof of ownership,
						and other means, such as secondary agreements, as it deems necessary to meet
						the requirements of this subchapter. If the Department determines that
						deposited collateral does not meet the requirements of this subchapter, it may
						take action under the law to protect its interest in the collateral.
This section cited in 25 Pa. Code §
														78.303 (relating to form, terms
							 and conditions of the bond).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 78 - OIL AND GAS WELLS › Subchapter G - BONDING REQUIREMENTS › Section 78.306 - Collateral bonds-letters of credit

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Letters of credit submitted as collateral
						for collateral bonds shall be subject to the following conditions:
(1) The letter of credit shall be a standby
						or guarantee letter of credit issued by a Federally insured or equivalently
						protected financial institution, regulated and examined by the Commonwealth or
						a Federal agency and authorized to do business in this Commonwealth.
(2) The letter of credit shall be irrevocable
						and shall be so designated. However, the Department may accept a letter of
						credit for which a limited time period is stated if the following conditions
						are met and are stated in the letter:
(i) The
						letter of credit is automatically renewable for additional time periods unless
						the financial institution gives at least 90 days prior written notice to both
						the Department and the operator of its intent to terminate the credit at the
						end of the current time period.
(ii) The Department has the right to draw
						upon the credit before the end of its time period, if the operator fails to
						replace the letter of credit with other acceptable means of compliance with
						section 215 of the act (58 P. S. §
															601.215) within 30 days of the financial
						institution's notice to terminate the credit.
(3) Letters of credit shall name the
						Department as the beneficiary and be payable to the Department, upon demand, in
						part or in full, upon presentation of the Department's drafts, at sight. The
						Department's right to draw upon the letter of credit does not require
						documentary or other proof by the Department that the customer has violated the
						conditions of the bond, the permit or other requirements.
(4) A letter of credit shall be subject to 13
						Pa.C.S. (relating to the Uniform Commercial Code) and the latest revision of
Uniform Customs and Practices for Documentary Credits
as
						published in the International Chamber of Commerce Publication No.
						400.
(5) The Department will not
						accept a letter of credit from a financial institution which has failed,
						refused or unduly delayed to pay, in full, on a letter of credit or a
						certificate of deposit previously submitted as collateral to the
						Department.
(6) The issuing
						financial institution shall waive rights of set-off or liens which it has or
						might have against the letter of credit.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 78 - OIL AND GAS WELLS › Subchapter G - BONDING REQUIREMENTS › Section 78.307 - Collateral bonds-certificates of deposit

Current through Register Vol. 54, No. 28, July 13, 2024
A certificate of deposit submitted as collateral for
						  collateral bonds is subject to the following conditions:
(1) The certificate of deposit shall be made
						payable to the operator and shall be assigned to the Department by the
						operator, in writing, as required by the Department and on forms provided by
						the Department. The assignment shall be recorded upon the books of the
						financial institution issuing the certificate.
(2) The certificate of deposit shall be
						issued by a Federally-insured or equivalently protected financial institution
						which is authorized to do business in this Commonwealth.
(3) The certificate of deposit shall state
						that the financial institution issuing it waives rights of setoff or liens
						which it has or might have against the certificate.
(4) The certificate of deposit shall be
						automatically renewable and fully assignable to the Department. Certificates of
						deposit shall state on their face that they are automatically
						renewable.
(5) The operator shall
						submit certificates of deposit in amounts which will allow the Department to
						liquidate those certificates prior to maturity, upon forfeiture, for the full
						amount of the bond without penalty to the Department.
(6) The Department will not accept
						certificates of deposit from financial institutions which have failed, refused
						or unduly delayed to pay, in full, on certificates of deposit or letters of
						credit which have previously been submitted as collateral to the
						Department.
(7) The operator is not
						entitled to interest accruing after forfeiture is declared by the Department,
						until the forfeiture declaration is ruled invalid by a court having
						jurisdiction over the Department, and the ruling is final.
This section cited in 25 Pa. Code §
														78.303 (relating to form, terms
							 and conditions of the bond).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 78 - OIL AND GAS WELLS › Subchapter G - BONDING REQUIREMENTS › Section 78.308 - Collateral bonds-negotiable bonds

Current through Register Vol. 54, No. 28, July 13, 2024
Negotiable bonds submitted and pledged as collateral
						  for collateral bonds under section 215(a)(3) of the act (58 P. S. §
													601.215(a)(3)) are subject
						  to the following conditions:
(1) The
						Department will use the current market value of governmental securities, other
						than United States Treasury Zero Coupon Bonds, for the purpose of establishing
						the value of the securities for bond deposit.
(2) The current market value shall be at
						least equal to the amount of the required bond.
(3) The Department may periodically evaluate
						the securities and may require additional amounts if the current market value
						is insufficient to satisfy the bond amount requirements for the oil or gas well
						operations.
(4) The operator may
						request and receive the interest accruing on governmental securities filed with
						the Department as the interest becomes due and payable. An operator will not
						receive interest accruing on governmental securities until the full amount of
						the bond has been accumulated. No interest may be paid for postforfeiture
						interest accruing during appeals and after resolution of the appeals, when the
						forfeiture is adjudicated, decided or settled in favor of the
						Commonwealth.
This section cited in 25 Pa. Code §
														78.303 (relating to form, terms
							 and conditions of the bond).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 78 - OIL AND GAS WELLS › Subchapter G - BONDING REQUIREMENTS › Section 78.309 - Phased deposit of collateral

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Operators.
(1)
Eligibility.
An operator who had a phased deposit of
						collateral in effect as of November 26, 1997, may maintain that bond for wells
						requiring bonding, for new well permits and for wells acquired by transfer.
(i) An operator may not have more than 200
						wells.
(ii) Under the following
						schedule, an operator shall make a deposit with the Department of approved
						collateral prior to the issuance of a permit for a well or the transfer of a
						permit for a well, and shall make subsequent annual deposits and additional
						well payments. For the purpose of calculating the required deposit, all of the
						operator's wells are included in the number of wells.
Number of Wells
Annual Deposit
Per Additional
								  Well
1-10 with no intention to operate more than
								  10
$50/well
N.A.
11-25 or 1-10 and applies for additional well
								  permits
$1,150
$ 150
26-50
$1,300
$ 400
51-100
$1,500
$ 400
101-200
$1,600
$1,000
(iii) An operator shall make the phased
						deposits of collateral as required by the bond.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 78 - OIL AND GAS WELLS › Subchapter G - BONDING REQUIREMENTS › Section 78.310 - Replacement of existing bond

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An
						owner or operator may replace an existing surety or collateral bond with
						another surety or collateral bond that satisfies the requirements of this
						chapter, if the liability which has accrued against the bond, the owner or
						operator who filed the first bond and the well operation is transferred to the
						replacement bond. An owner or operator may not substitute a phased deposit of
						collateral bond under section 215(d) and (d.1) of the act (58 P. S. §
													601.215(d) and (d.1)) for a
						valid surety bond or collateral that has been filed and approved by the
						Department.
(b) The Department will
						not release existing bonds until the operator has submitted and the Department
						has approved acceptable replacement bonds.
This section cited in 25 Pa. Code §
														78.304 (relating to terms and
							 conditions for surety bonds).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 78 - OIL AND GAS WELLS › Subchapter G - BONDING REQUIREMENTS › Section 78.311 - Failure to maintain adequate bond

Current through Register Vol. 54, No. 28, July 13, 2024
The permittee shall maintain a bond in an amount and
						  with sufficient guarantee as provided by this chapter. If a surety company that
						  had provided surety bonds, or a financial institution that had provided
						  certificates of deposit or letters of credit for an operator enters into
						  bankruptcy or liquidation, has its license suspended or revoked or for another
						  reason indicates an inability or unwillingness to provide an adequate financial
						  guarantee of the obligations under the bond, the operator shall submit a bond
						  within 45 days of notice from the Department.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 78 - OIL AND GAS WELLS › Subchapter G - BONDING REQUIREMENTS › Section 78.312 - Forfeiture determination

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
						collateral or surety bond may be forfeited when the Department determines that
						the operator fails or refuses to comply with the act, this title, an order of
						the Department, or the terms or conditions of the permit relating to drilling,
						water supply replacement, plugging and site restoration.
(b) If forfeiture of the bond is required,
						the Department will:
(1) Send written
						notification by mail to the permittee, and the surety, if any, of the
						Department's intent to forfeit the bond and describe the grounds for
						forfeiture. The notification will also provide an opportunity to take remedial
						action or submit a schedule for taking remedial actions acceptable to the
						Department within 30 days of the notice of intent to forfeit, in lieu of
						collecting the bond.
(2) If the
						permittee and surety, if any, fail either to take remedial action or to submit
						a plan acceptable to the Department within 30 days of the notice of the intent
						to forfeit, the bond will be subject to forfeiture and collection up to the
						face amount thereof. The Department will issue a declaration to forfeit the
						bond.
(3) The declaration to
						forfeit is an action which may be appealable to the Environmental Hearing Board
						under section 4 of the Environmental Hearing Board Act (35 P. S. §
														7514).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 78 - OIL AND GAS WELLS › Subchapter G - BONDING REQUIREMENTS › Section 78.313 - Incapacity of operators

Current through Register Vol. 54, No. 28, July 13, 2024
An owner or operator shall notify the Department by
						  certified mail within 10 calendar days after commencement of a voluntary or
						  involuntary proceeding under 11 U.S.C.A. §§
													101-1330, known as the Federal
						  Bankruptcy Act, naming the owner or operator as debtor.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 78 - OIL AND GAS WELLS › Subchapter G - BONDING REQUIREMENTS › Section 78.314 - Preservation of remedies

Current through Register Vol. 54, No. 28, July 13, 2024
Remedies provided or authorized by law for violation of
						  statutes, including the act, the applicable environmental protection acts, this
						  title, the terms and conditions of permits and orders of the Department, are
						  expressly preserved. Nothing in this subchapter is an exclusive penalty or
						  remedy for the violations. No action under this subchapter waives or impairs
						  another remedy or penalty provided in law or equity.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 78 - OIL AND GAS WELLS › Subchapter H - UNDERGROUND GAS STORAGE › Section 78.401 - Storage well construction

Current through Register Vol. 54, No. 28, July 13, 2024
(a) In
						addition to the casing and cementing requirements of Subchapter D (relating to
						well drilling, operation and plugging), when constructing new gas storage wells
						the operator shall:
(1) Cement the surface and
						intermediate casings with sufficient cement to circulate cement to the surface
						or to equal at least 120% of the calculated volume to fill the annular space on
						the outside of the casing.
(2)
						Cement the production casing with sufficient cement to fill the calculated
						annular space with cement to a point at least 500 feet above the casing shoe
						and at least 200 feet above the upper most perforations.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 78 - OIL AND GAS WELLS › Subchapter H - UNDERGROUND GAS STORAGE › Section 78.402 - Inspections by the gas storage operator

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A gas storage operator shall inspect
						every storage well and observation well in the gas storage field at least once
						each month. The results of the inspections shall be recorded and retained by
						the operator and shall be available for review by the Department and the coal
						owner or operator.
(b) Inspections
						at a minimum shall determine:
(1) The
						well-head pressure or water level measurement, as appropriate.
(2) The open flow on the annulus of the
						production casing or the annulus pressure if the annulus is shut in.
(3) If there is evidence of gas escaping from
						a well using measurement or best estimate of quantity.
(4) If there is evidence of progressive
						corrosion, rusting or other signs of equipment
						deterioration.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 78 - OIL AND GAS WELLS › Subchapter H - UNDERGROUND GAS STORAGE › Section 78.403 - Gas storage well integrity testing

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A gas storage reservoir operator shall
						develop an integrity monitoring and integrity testing program for each gas
						storage field.
(b) A gas storage
						reservoir operator shall test the integrity of each gas storage well at least
						once every 5 years. By June 15, 1995, each gas storage operator shall submit,
						for Department approval, an integrity testing plan for each gas storage
						field.
(c) The testing program may
						consist of geophysical well logging, pressure testing or other procedures
						approved by the Department. The testing program shall indicate a well's
						integrity, whether there has been gas loss in quantities in excess of those
						amounts in §
												78.402(d)
						(relating to inspections by the gas storage operator), and whether there is a
						well condition that requires reconditioning, plugging or other remedial
						action.
(d) Gas storage field
						monitoring may consist of annular and tubing pressure monitoring, reservoir
						engineering evaluation in the form of pressure/volume inventory studies, gauge
						calibration programs, wellsite inspection programs, casing inspection programs,
						pressure and flow testing programs, internal and external inventory auditing
						programs or a combination of monitoring procedures approved by the Department
						that verify the gas storage reservoir's integrity.
(e) The gas storage reservoir operator shall
						retain the information gathered in subsections (a)-(d) and shall make the
						information available to the Department for 15 years.
(f) For an observation well for which a gas
						storage operator does not retain monitoring data, the gas storage operator
						shall plug the well or apply for inactive status.
(g) The Department may require the operator
						to perform additional tests it deems necessary after a conference is held under
						section 501 of the act (58 P. S. §
													601.501).
This section cited in 25 Pa. Code §
														78.406 (relating to
							 recordkeeping).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 78 - OIL AND GAS WELLS › Subchapter H - UNDERGROUND GAS STORAGE › Section 78.404 - Maximum storage pressure

Current through Register Vol. 54, No. 28, July 13, 2024
A gas storage reservoir operator, who has not requested
						  approval of a maximum storage pressure for a gas storage reservoir, shall
						  request, by February 15, 1995, Department approval of a maximum gas storage
						  reservoir pressure in accordance with the following:
(1) The maximum shut-in wellhead pressure
						(psig) may not exceed the highest shut-in wellhead pressure (psig) found to
						exist during the production history of the reservoir, unless a higher pressure
						is established through testing of caprock and pool containment. The methods
						used for determining the higher pressure shall be determined in conference with
						the Department in accordance with section 501 of the act.
(2) If the original discovery shut-in
						wellhead pressure (psig) is not known, or the highest production shut-in
						wellhead pressure (psig) is not known, or a higher pressure has not been
						established through a method as approved by the Department as established in
						paragraph (1), the maximum storage reservoir pressure shall be limited to a
						freshwater hydrostatic gradient.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 78 - OIL AND GAS WELLS › Subchapter H - UNDERGROUND GAS STORAGE › Section 78.405 - Emergency repairs

Current through Register Vol. 54, No. 28, July 13, 2024
When emergency repairs are necessary, prior
						  notification under §
												78.401(c)
						  (relating to storage well construction) is not required. The operator shall
						  give notice to the Department within 24 hours of the repairs. Within 5 days of
						  the emergency, the operator shall submit a written explanation of the emergency
						  and the corrective action taken, or planned. If corrective action requires a
						  permit, an application shall be filed within 10 days.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 78 - OIL AND GAS WELLS › Subchapter H - UNDERGROUND GAS STORAGE › Section 78.406 - Recordkeeping

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The gas storage
						reservoir operator shall retain records for each gas storage well and shall
						make these records available to the Department. These records shall include,
						but not be limited to, the following:
(1)
						Well inspection results and pressure data for the preceding 7 years.
(2) Integrity testing data for each gas
						storage well required by §
													78.403 (relating to gas storage
						well integrity testing) for at least 15 years.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 78 - OIL AND GAS WELLS › Subchapter H - UNDERGROUND GAS STORAGE › Section 78.407 - Plugging gas storage wells

Current through Register Vol. 54, No. 28, July 13, 2024
In addition to complying with the plugging requirements
						  in §§
												78.91-78.98 (relating to plugging), the
						  gas storage reservoir operator shall:
(1) Notify the Department of an intent to
						plug a gas storage well at least 15 days before beginning to plug the well.
						This notice shall describe the intended plugging procedure.
(2) Clean out the portions of the well that
						penetrate the storage horizon.
(3)
						Set cement across the perforations in a manner that prevents the migration of
						gas or other fluids within or outside of the well.
(4) For an open hole, set a bridge plug
						immediately above the storage horizon followed by a 500 foot cement plug, or
						use another method approved by the Department.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 78 - OIL AND GAS WELLS › Subchapter X - STATEMENTS OF POLICY INSPECTION POLICY REGARDING OIL AND GAS WELL ACTIVITIES › Section 78.901 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 78 - OIL AND GAS WELLS › Subchapter X - STATEMENTS OF POLICY INSPECTION POLICY REGARDING OIL AND GAS WELL ACTIVITIES › Section 78.902 - Policy

Current through Register Vol. 54, No. 28, July 13, 2024
(a) This statement
						of policy sets forth the policy of the Department in regard to inspections of
						oil and gas well locations, sites, property, facilities, operations or
						activities governed by the act, the Coal and Gas Resource Coordination Act
						(58
						P. S. §§
													501-518) or the Oil and
						Gas Conservation Law (58 P. S. §§
													401-419). This policy does not create a duty
						or obligation upon the Department to conduct a minimum or maximum number of
						inspections per year or during a certain period of time.
(b) Inspections are conducted to administer,
						implement, enforce and determine compliance with the statutes set forth in
						subsection (a) and with Article XIX-A of The Administrative Code of 1929
						(71
						P.S. §§
													510-1-510-108), The Clean
						Streams Law (35 P.S. §§
													691.1-691.1001) and the Solid Waste
						Management Act (35 P.S. §§
													6018.101-6018.1003) and other statutes
						administered by the Department that apply to activities associated with gas and
						oil operations.
This section cited in 25 Pa. Code §
														78.903 (relating to frequency of
							 inspections); and 25 Pa. Code §
														78.905 (relating to additional
							 inspections).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 78 - OIL AND GAS WELLS › Subchapter X - STATEMENTS OF POLICY INSPECTION POLICY REGARDING OIL AND GAS WELL ACTIVITIES › Section 78.903 - Frequency of inspections

Current through Register Vol. 54, No. 28, July 13, 2024
The Department, its employes and agents intend to
						  conduct inspections at the following frequencies:
(1) At least once prior to the issuance of a
						permit, if a waiver or exception is requested by the permit
						applicant.
(2) At least once in
						verifying or resolving objections or determining the Department's response to
						objections, when objections are raised to a permit application.
(3) At least once during each of the phases
						of siting, drilling, casing, cementing, completing, altering and stimulating a
						well.
(4) At least once during, or
						within 3 months after, the time period in which the owner or operator is
						required to restore the site, after drilling the well.
(5) At least once prior to the authorization
						to use an alternate method for plugging, casing or equipping the
						well.
(6) At least once during the
						periods that an alternative method for plugging, casing or equipping the well
						is being used or installed.
(7) At
						least once when a well is being reconditioned or repaired or when casing is
						being replaced.
(8) At least once
						prior to a well being granted inactive status.
(9) At least once during the plugging of the
						well.
(10) At least once during, or
						within 3 months after, the period in which the owner or operator is required to
						restore the site, after the well is plugged or abandoned.
(11) At least once before the bond or other
						financial security is released.
(12) At least once a year, if there is onsite
						brine disposal or residual waste disposal subject to the statutes referenced in
						§
												78.902 (relating to
						policy).
(13) At least twice a year
						if the well is located in a gas storage reservoir or in a gas storage reservoir
						protective area.
(14) At least once
						a year to determine whether compliance with the statutes administered by the
						Department has been achieved.
(15)
						If there is a violation, at least once to determine whether the violation has
						been corrected, or whether there is a continuing violation.
(16) At least once, in response to a
						complaint.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 78 - OIL AND GAS WELLS › Subchapter X - STATEMENTS OF POLICY INSPECTION POLICY REGARDING OIL AND GAS WELL ACTIVITIES › Section 78.904 - Manner of inspection

Current through Register Vol. 54, No. 28, July 13, 2024
The inspections described in this subchapter may be
						  conducted separately, or in combination, whichever manner is deemed by the
						  Department to permit maximum efficiency, accuracy and thoroughness in
						  implementing the statutes administered by the Department.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 78 - OIL AND GAS WELLS › Subchapter X - STATEMENTS OF POLICY INSPECTION POLICY REGARDING OIL AND GAS WELL ACTIVITIES › Section 78.905 - Additional inspections

Current through Register Vol. 54, No. 28, July 13, 2024
The Department, its employes and agents may conduct
						  additional inspections, including follow-up inspections, inspections to observe
						  a practice or condition related to the public health or safety and inspections
						  to determine compliance with the statutes set forth in §
												78.902 (relating to policy), with
						  the laws administered by the Department, with the Department's regulations,
						  with the terms or conditions of a permit or with the requirements of an
						  order.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 78 - OIL AND GAS WELLS › Subchapter X - STATEMENTS OF POLICY INSPECTION POLICY REGARDING OIL AND GAS WELL ACTIVITIES › Section 78.906 - Limitation

Current through Register Vol. 54, No. 28, July 13, 2024
The provisions of this statement of policy are subject
						  to the availability of personnel and financial resources. This statement of
						  policy does not create a duty or obligation upon the Department to conduct a
						  minimum or maximum number of inspections per year or during a certain period.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 78a - UNCONVENTIONAL WELLS › Subchapter A - GENERAL PROVISIONS › Section 78a.2 - Applicability

Current through Register Vol. 54, No. 28, July 13, 2024
This chapter applies to unconventional wells and
						  supersedes any regulations in Chapter 78 (relating to oil and gas wells)
						  applicable to unconventional wells.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 78a - UNCONVENTIONAL WELLS › Subchapter B - PERMITS, TRANSFERS AND OBJECTIONS › PERMITS AND TRANSFERS › Section 78a.11 - Permit requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) No
						  person may drill or alter a well unless that person has first obtained a permit
						  from the Department.
(b) No person
						  may operate a well unless one of the following conditions has been met:
(1) The person has obtained a permit under
						  the act.
(2) The person has
						  registered the well under the act.
(3) The well was in operation on April 18,
						  1985, under a permit that was obtained under the Gas Operations Well-Drilling
						  Petroleum and Coal Mining Act (52 P.S. §§
															2104,
						  2208,
						  2601 and
						  2602)
						  (Repealed).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 78a - UNCONVENTIONAL WELLS › Subchapter B - PERMITS, TRANSFERS AND OBJECTIONS › PERMITS AND TRANSFERS › Section 78a.12 - Compliance with permit

Current through Register Vol. 54, No. 28, July 13, 2024
A person may not drill, alter or operate a well
							 except in accordance with a permit or registration issued under the act and in
							 compliance with the terms and conditions of the permit, this chapter and the
							 statutes under which it was promulgated. A copy of the permit shall be kept at
							 the well site during drilling or alteration of a well.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 78a - UNCONVENTIONAL WELLS › Subchapter B - PERMITS, TRANSFERS AND OBJECTIONS › PERMITS AND TRANSFERS › Section 78a.13 - Permit transfers

Current through Register Vol. 54, No. 28, July 13, 2024
(a) No
						  transfer, assignment or sale of rights granted under a permit or registration
						  may be made without prior written approval of the Department. Permit transfers
						  may be denied for the reasons set forth in section 3211(e.1)(4) and (5) of the
						  act (relating to well permits).
(b)
						  The Department may require the transferee to fulfill the drilling, plugging,
						  well site restoration, water supply replacement and other requirements of the
						  act, regardless of whether the transferor started the activity and regardless
						  of whether the transferor failed to properly perform the transferor's
						  obligations under the act.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 78a - UNCONVENTIONAL WELLS › Subchapter B - PERMITS, TRANSFERS AND OBJECTIONS › PERMITS AND TRANSFERS › Section 78a.14 - Transfer of well ownership or change of address

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Within 30 days after the sale,
						  assignment, transfer, conveyance or exchange of a well, the new owner or
						  operator shall notify the Department, in writing, of the transfer of
						  ownership.
(b) The notice must
						  include the following information:
(1) The
						  names, addresses and telephone numbers of the former and new owner, and the
						  agent if applicable.
(2) The well
						  permit or registration number.
(3)
						  The effective date of the transfer of ownership.
(4) An application for a well permit transfer
						  if there is a change in the well operator.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 78a - UNCONVENTIONAL WELLS › Subchapter B - PERMITS, TRANSFERS AND OBJECTIONS › PERMITS AND TRANSFERS › Section 78a.15 - Application requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An
						  application for a well permit shall be submitted electronically to the
						  Department on forms provided through its web site and contain the information
						  required by the Department to evaluate the application.
(b) The permit application will not be
						  considered complete until the applicant submits a complete and accurate plat,
						  an approvable bond or other means of complying with Subchapter G (relating to
						  bonding requirements) and section 3225 of the act (relating to bonding), the
						  fee in compliance with §
													78a.19 (relating to permit
						  application fee schedule), proof of the notifications required under section
						  3211(b.1) of the act (relating to well permits), necessary requests for
						  variance or waivers or other documents required to be furnished by law or the
						  Department and the information in subsections (b.1), (b.2), (c)-(f) and (h).
						  The person named in the permit shall be the same person named in the bond or
						  other security.
(b.1) If the
						  proposed limit of disturbance of the well site is within 100 feet measured
						  horizontally from any watercourse or any high quality or exceptional value body
						  of water or any wetland 1 acre or greater in size, the applicant shall
						  demonstrate that the well site location will protect those watercourses or
						  bodies of water. The applicant may rely upon other plans developed under this
						  chapter or approved by the Department to make this demonstration, including:
(1) An erosion and sediment control plan or
						  permit consistent with Chapter 102 (relating to erosion and sediment
						  control).
(2) A water obstruction
						  and encroachment permit issued under Chapter 105 (relating to dam safety and
						  waterway management).
(3)
						  Applicable portions of the PPC plan prepared in accordance with §
														78a.55(a) and (b)
						  (relating to control and disposal planning; emergency response for
						  unconventional wells).
(4)
						  Applicable portions of the emergency response plan prepared in accordance with
						  § 78a.55(i).
(5) Applicable
						  portions of the site containment plan prepared in accordance with section
						  3218.2 of the act (relating to
						  containment for unconventional wells).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 78a - UNCONVENTIONAL WELLS › Subchapter B - PERMITS, TRANSFERS AND OBJECTIONS › PERMITS AND TRANSFERS › Section 78a.16 - Accelerated permit review

Current through Register Vol. 54, No. 28, July 13, 2024
In cases of hardship, an operator may request an
							 accelerated review of a well permit application. For the purposes of this
							 section, hardship includes cases where immediate action is necessary to protect
							 public health or safety, to control pollution or to effect other environmental
							 or safety measures, and extraordinary circumstances beyond the control of the
							 operator. Permits issued shall be consistent with the requirements of the
							 act.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 78a - UNCONVENTIONAL WELLS › Subchapter B - PERMITS, TRANSFERS AND OBJECTIONS › PERMITS AND TRANSFERS › Section 78a.17 - Permit expiration and renewal

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A well permit expires 1 year after
						  issuance if drilling has not started. If drilling is started within 1 year
						  after issuance, the well permit expires unless drilling is pursued with due
						  diligence. Due diligence for the purposes of this subsection means completion
						  of drilling the well to total depth within 16 months of issuance. A permittee
						  may request an extension of the 16-month expiration from the Department for
						  good cause. This request shall be submitted electronically to the Department
						  through its web site.
(b) An
						  operator may request a single 2-year renewal of an unexpired well permit. The
						  request shall be accompanied by a permit fee, the surcharge required under
						  section 3271 of the act (relating to well plugging funds) and an affidavit
						  affirming that the information on the original application is still accurate
						  and complete, that the well location restrictions are still met and that the
						  entities required to be notified under section 3211(b)(2) of the act (relating
						  to well permits) have been notified of this request for renewal. If new water
						  wells or buildings are constructed that are not indicated on the plat as
						  originally submitted, the attestation shall be updated as part of the renewal
						  request. Any new water well or building owners shall be notified of the renewal
						  request; however, the setbacks outlined in section 3215(a) of the act (relating
						  to well location restrictions) do not apply provided that the original permit
						  was issued prior to the construction of the building or water well. The request
						  shall be received by the Department at least 15 calendar days prior to the
						  expiration of the original permit.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 78a - UNCONVENTIONAL WELLS › Subchapter B - PERMITS, TRANSFERS AND OBJECTIONS › PERMITS AND TRANSFERS › Section 78a.18 - Disposal and enhanced recovery well permits

Current through Register Vol. 54, No. 28, July 13, 2024
Disposal or enhanced recovery well permits shall meet
							 the requirements of §
													78.18 (relating to disposal and
							 enhanced recovery well permits).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 78a - UNCONVENTIONAL WELLS › Subchapter B - PERMITS, TRANSFERS AND OBJECTIONS › PERMITS AND TRANSFERS › Section 78a.19 - Permit application fee schedule

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An applicant for an unconventional well
						  shall pay a permit application fee of $12,500.
(b) At least every 3 years, the Department
						  will provide the EQB with an evaluation of the fees in this chapter and
						  recommend regulatory changes to the EQB to address any disparity between the
						  program income generated by the fees and the Department's cost of administering
						  the program with the objective of ensuring fees meet all program costs and
						  programs are self-sustaining.
The provisions of this §
															78a.19 amended under
								58 Pa.C.S. §§
																3211(d) and
								3274; and section 1920-A
								of The Administrative Code of 1929 (71 P.S. §
																510-20).
This section cited in 25 Pa. Code §
															78a.15 (relating to application
								requirements).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 78a - UNCONVENTIONAL WELLS › Subchapter B - PERMITS, TRANSFERS AND OBJECTIONS › OBJECTIONS › Section 78a.21 - Opportunity for objections and conferences; surface landowners

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The surface
						  landowner of the tract on which the proposed well is located may object to the
						  well location based on the assertion that the well location violates section
						  3215 of the act (relating to well location restrictions) or on the basis that
						  the information in the application is untrue in a material respect, and request
						  a conference under section 3251 of the act (relating to conferences).
(b) The objection and request for a
						  conference shall be filed in writing with the Department within 15 calendar
						  days of receipt of the plat by the surface landowner. The objection must
						  contain the following:
(1) The name, address
						  and telephone number of the person submitting the objection.
(2) The name of the well operator, and the
						  name and number of the proposed well.
(3) A statement of the objection and a
						  request for a conference if a conference is being requested.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 78a - UNCONVENTIONAL WELLS › Subchapter B - PERMITS, TRANSFERS AND OBJECTIONS › OBJECTIONS › Section 78a.22 - Objections by owner or operator of coal mine

Current through Register Vol. 54, No. 28, July 13, 2024
The owner or operator of an operating coal mine or a
							 coal mine already projected and platted, but not yet being operated, may file
							 written objections to a proposed well location with the Department if the
							 following apply:
(1) The well, when
						  drilled, would penetrate within the outside coal boundaries of such a mine or
						  within 1,000 feet beyond the boundaries.
(2) In the opinion of the owner or operator,
						  the well will unduly interfere with or endanger the mine or persons working in
						  the mine.
This section cited in 25 Pa. Code §
															78a.25 (relating to
								conferences-general).