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 78a - UNCONVENTIONAL WELLS › Subchapter E - WELL REPORTING › Section 78a.123 - Logs and additional data

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						The well operator shall, within 90 days of completion or recompletion of
						drilling, submit a copy of any electrical, radioactive or other standard
						industry logs which have been run.
(b) In addition, if requested by the
						Department within 1 year of the completion or recompletion of drilling, the
						well operator shall file with the Department a copy of the drill stem test
						charts, formation water analysis, porosity, permeability or fluid saturation
						measurements, core analysis and lithologic log or sample description or other
						similar data as compiled. Information is not required unless the operator has
						had the information described in this subsection compiled in the ordinary
						course of business. Interpretation of the data is not required to be
						filed.
(c) Upon notification by the
						Department prior to drilling, the well operator shall collect additional data
						specified by the Department, such as representative drill cuttings and samples
						from cores taken, and other geological information that the operator can
						reasonably compile. Interpretation of the data is not required to be
						filed.
(d) Data requested by the
						Department under subsections (b) and (c) shall be retained by the well operator
						and filed with the Department no more than 3 years after completion of the
						well. Upon request for good cause, the Department may extend the deadline up to
						5 years from the date of completion or recompletion of drilling the well. The
						Department may request submission of the information before these time frames
						if the information is necessary to conduct an investigation or for enforcement
						proceedings.
(e) The Department is
						entitled to utilize information collected under this section in enforcement
						proceedings, in making designations or determinations under section 1927-A of
						The Administrative Code of 1929 (71 P.S. §
													510-27), and in aggregate form for
						statistical purposes.
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 E - WELL REPORTING › Section 78a.124 - Certificate of plugging

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Within
						30 calendar days after the well has been plugged, the owner or operator of the
						well shall submit a certificate of plugging to the Department and each coal
						operator, lessee or owner who was sent notice by certified mail of the intent
						to plug the well.
(b) The
						certificate of plugging must be on a form provided by the Department and
						contain information required by the Department.
(c) The certificate of plugging shall be
						prepared and signed by two experienced and qualified people who participated in
						the work, and shall also be signed by the well owner or 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 G - BONDING REQUIREMENTS › Section 78a.301 - Scope

Current through Register Vol. 54, No. 28, July 13, 2024
In addition to the requirements of section 3225 of the
						  act (relating to bonding), this subchapter specifies certain requirements for
						  surety bonds, collateral bonds, replacement of existing bonds, maintaining
						  adequate bond and bond forfeiture.
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 G - BONDING REQUIREMENTS › Section 78a.302 - Requirement to file a bond

Current through Register Vol. 54, No. 28, July 13, 2024
For a well that has not been plugged, the owner or
						  operator shall file a bond or otherwise comply with the bonding requirements of
						  section 3225 of the act (relating to bonding) and this chapter. A bond or bond
						  substitute is not required for a well drilled before April 18,
						  1985.
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 G - BONDING REQUIREMENTS › Section 78a.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
						§
													78a.304 (relating to terms and
						conditions for surety bonds).
(2) A
						collateral bond as provided in §§
						78a.305-78a.308.
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 G - BONDING REQUIREMENTS › Section 78a.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 §
													78a.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 78a - UNCONVENTIONAL WELLS › Subchapter G - BONDING REQUIREMENTS › Section 78a.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 §
														78a.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 78a - UNCONVENTIONAL WELLS › Subchapter G - BONDING REQUIREMENTS › Section 78a.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 must 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 must be irrevocable
						and must 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 3225 of the act (relating to bonding) within 30 calendar days of the
						financial institution's notice to terminate the credit.
(3) Letters of credit must 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 is subject to 13
						Pa.C.S. (relating to 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 78a - UNCONVENTIONAL WELLS › Subchapter G - BONDING REQUIREMENTS › Section 78a.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 must 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 must be
						automatically renewable and fully assignable to the Department. Certificates of
						deposit must 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 §
														78a.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 78a - UNCONVENTIONAL WELLS › Subchapter G - BONDING REQUIREMENTS › Section 78a.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 3225(a)(3) of the act (relating to bonding)
						  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 must 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 §
														78a.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 78a - UNCONVENTIONAL WELLS › Subchapter G - BONDING REQUIREMENTS › Section 78a.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 3225(d) and (d.1) of the act (relating to
						bonding) 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 §
														78a.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 78a - UNCONVENTIONAL WELLS › Subchapter G - BONDING REQUIREMENTS › Section 78a.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 78a - UNCONVENTIONAL WELLS › Subchapter G - BONDING REQUIREMENTS › Section 78a.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 78a - UNCONVENTIONAL WELLS › Subchapter G - BONDING REQUIREMENTS › Section 78a.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 the start of a voluntary or
						  involuntary proceeding under 11 U.S.C.A. §§
													101-1532, 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 78a - UNCONVENTIONAL WELLS › Subchapter G - BONDING REQUIREMENTS › Section 78a.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 79 - OIL AND GAS CONSERVATION › WELL DRILLING AND USE › Section 79.11 - Drilling permits

Current through Register Vol. 54, No. 28, July 13, 2024
(a) No person
						may drill a well subject to the act unless a permit under the Oil and Gas Act
						(58
						P. S. §§
													601.101-601.605) is
						obtained and the requirements of the act and this section are met.
(b) The requested location of the well may
						not conflict with a spacing or pooling order previously entered or pending
						before the Department, and the requested location shall be at least 330 feet
						from the nearest outside boundary line of the lease on which it is located. If
						the application is accompanied by a signed or certified copy of a voluntary
						unitization agreement unitizing all or a portion of the land on which the well
						is to be located with all other lands or portions thereof lying within 330 feet
						of the requested location, the permits will not be denied on the basis that the
						requested location is within 330 feet of the nearest outside boundary of the
						lease. If the application for a requested location within 330 feet of the
						nearest outside boundary is not accompanied by a voluntary unitization
						agreement as set out in the preceding sentence, and if the applicant-being
						otherwise qualified to receive a permit-desires to request the Department to
						waive the 330-foot limitation, the applicant may file a statement with the
						application requesting a hearing before the Department and stating the reasons
						why the exemption should be granted. Notice as provided in the act will be
						given to all operators owning land within 330 feet of the requested location.
						The Department will then determine at the public hearing whether the
						application for a permit will be granted.
(c) When a drilling permit is requested
						within an area covered by a spacing order, or on which an application for a
						spacing order is pending, the applicant shall comply with §§
												79.28 and
						79.31 (relating to issuance of
						drilling permit; and application requirements) where applicable.
The provisions of this §
														79.11 amended under: section
							 1920-A of The Administrative Code of 1929 (71 P. S. §
															510-20); and section 5 of the Oil and Gas
							 Conservation Law (58 P. S. §
															405); amended
							 under: the Oil and Gas Act (58 P. S. §§
															601.101-601.605); the Coal and Gas Resource
							 Coordination Act (58 P. S. §§
															501-518); the Oil and Gas Conservation Law
							 (58
							 P. S. §§
															401-419); Article XIX-A of
							 The Administrative Code of 1929 (71 P. S. §§
															510-1 and
							 510-108); the The Clean
							 Streams Law (35 P. S. §§
															691.1-691.1001); and the Solid Waste
							 Management Act (35 P. S. §§
															6018.101-6018.1003).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 79 - OIL AND GAS CONSERVATION › WELL DRILLING AND USE › Section 79.12 - Waste prevention

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						Suitable and safe surface casing shall be used in wells to prevent
						waste.
(b) Blowout equipment shall
						be in good working condition at all times and sufficient to prevent
						waste.
(c) The operator shall run
						and cement sufficient intermediate or production casing, or both, to prevent
						waste prior to closing or "shutting in" the well at the surface.
(d) The production casing shall be cemented
						in place with a sufficient amount of cement to fill the calculated annular
						space to a point at least 500 feet above the casing shoe and at least 200 feet
						above the uppermost perforations.
(e) The cement shall be allowed to set to a
						minimum compression strength of 500 pounds per square inch, using generally
						recognized industry engineering data for the type of cement used, prior to
						resumption of drilling. The waiting time on cement shall in no case be less
						than 8 hours.
The provisions of this §
														79.12 amended under: section
							 1920-A of The Administrative Code of 1929 (71 P. S. §
															510-20); and section 5 of the Oil and Gas
							 Conservation Law (58 P. S. §
															405); amended
							 under: the Oil and Gas Act (58 P. S. §§
															601.101-601.605); the Coal and Gas Resource
							 Coordination Act (58 P. S. §§
															501-518); the Oil and Gas Conservation Law
							 (58
							 P. S. §§
															401-419); 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).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 79 - OIL AND GAS CONSERVATION › WELL DRILLING AND USE › Section 79.16 - Deviation in drilling

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
						maximum point at which a well penetrates the producing formation may not
						unreasonably vary from the vertical drawn from the center of the hole at the
						surface. Deviation is permitted to straighten the hole, sidetrace junk, correct
						mechanical difficulties or to achieve geological objectives permitted by the
						act.
(b) No drilled well may be
						intentionally deviated from the vertical in order to intersect the producing
						horizon outside the area permitted by the spacing order, unless the deviation
						is authorized by a permit under the Oil and Gas Act (58 P. S. §§
													601.101-601.605). Upon completion of an
						intentionally deviated well, a complete angular deviation and directional
						survey of the well, obtained by a responsible well surveying company, shall be
						filed with the Department together with other regularly required
						reports.
The provisions of this §
														79.16 amended under the Oil and
							 Gas Act (58 P. S. §§
															601.101-601.605); the Coal and Gas Resource
							 Coordination Act (58 P. S. §§
															501-518); the Oil and Gas Conservation Law
							 (58
							 P. S. §§
															401-419); 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).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 79 - OIL AND GAS CONSERVATION › WELL SPACING ORDERS › Section 79.21 - Application requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) After
						one or more wells have been drilled, establishing the existence of a pool
						subject in the act, an application for a spacing order may be filed by the
						operator of the discovery well or the operator of lands directly and
						immediately affected by the drilling of the discovery well or subsequent wells,
						which application shall include the following:
(1) The producing horizon in the pool sought
						to be spaced. The information shall include the depth in the discovery well of
						the producing zone and the formation from which the production is being
						obtained.
(2) A plat shall be filed
						indicating the latitude and longitude of each well drilled to the pool sought
						to be spaced, and the area proposed to be included within the spacing order on
						a scale of 1,320 feet to an inch.
(3) The size of the spacing unit recommended,
						based on the maximum area which may be drained efficiently and economically by
						one well.
(4) Whether the wells in
						the field are producing oil or gas. If the wells in the field are producing
						both oil and gas, evidence showing the gas/oil ratio of the wells shall be
						required.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 79 - OIL AND GAS CONSERVATION › WELL SPACING ORDERS › Section 79.22 - Notice of hearing

Current through Register Vol. 54, No. 28, July 13, 2024
Immediately upon the filing of an application the
						  Department will give notice of the hearing in the following manner:
(1) Publication for 2 successive weeks in a
						newspaper in general circulation in each county where any land which may be
						affected by the order is located.
(2) Mailing a copy of the notice to all
						persons who have specified to the Department an address to which the notices
						may be mailed. The first publication and the mailing of the notice shall be at
						least 15 days before the date fixed for hearing. The Department will maintain a
						file of addresses, together with the counties or districts in which the persons
						filing the addresses are interested, in order that the notice may be mailed to
						them.
This section cited in 25 Pa. Code §
														79.23 (relating to matters
							 considered); and 25 Pa. Code §
														79.24 (relating to contents of
							 order).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 79 - OIL AND GAS CONSERVATION › WELL SPACING ORDERS › Section 79.23 - Matters considered

Current through Register Vol. 54, No. 28, July 13, 2024
(a) At the
						time and place specified in the notice under §
												79.22 (relating to notice of
						hearing), the Department will conduct a public hearing. The applicant shall
						present evidence to substantiate the allegations in his application. The
						following evidence may be considered by the Department in entering its order:
(1) The surface topography and property lines
						of the land underlain by the pool.
(2) The plan of well spacing then being
						employed or proposed in such pool.
(3) The depth at which production from the
						pool has been found.
(4) The nature
						and character of the producing formation or formations and whether the
						substances produced or sought to be produced are gas or oil.
(5) The maximum area which may be drained
						efficiently and economically by one well.
(6) Other available geological or scientific
						data pertaining to the pool which may be of probative value to the Department
						in determining the proper spacing unit therefor with due and relative allowance
						for correlative rights and obligations of the operators' and royalty owners'
						interests therein.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 79 - OIL AND GAS CONSERVATION › WELL SPACING ORDERS › Section 79.24 - Contents of order

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The spacing
						order shall determine the following issues:
(1) The area covered by the spacing order.
						The area shall be indicated on a map or plat, and placed in the permanent
						records of the Department. The map or plat shall also be recorded promptly in
						the office of the recorder of deeds in the county where the land is located, by
						the successful party, who shall furnish proof of recording to the Department.
(2) The approximate size of the
						spacing unit.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 79 - OIL AND GAS CONSERVATION › WELL SPACING ORDERS › Section 79.25 - Temporary orders

Current through Register Vol. 54, No. 28, July 13, 2024
If the Department finds that there is not sufficient
						  evidence from which to determine the area which can be efficiently and
						  economically drained by one well, the Department may enter an order
						  establishing temporary spacing units for the orderly development of the pool,
						  pending the submission of information required to determine what the ultimate
						  spacing will be.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 79 - OIL AND GAS CONSERVATION › WELL SPACING ORDERS › Section 79.26 - Exceptions to orders

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
						Department may allow an exception to the spacing order to vary the minimum
						distance from the boundary line upon which a well on a given unit may be
						drilled, upon proof that one of the following circumstances exist:
(1) To take into consideration wells drilled
						or being drilled at the time the application is filed for a spacing
						order.
(2) If the Department finds
						after notice and hearing that a well drilled within the minimum distance
						prescribed in the spacing order would not be likely to produce in paying
						quantities.
(3) If the Department
						finds after notice and hearing that the well drilled at or more than the
						specified minimum distance from the boundary of the spacing unit will encounter
						surface conditions which would substantially add to the burden or hazards of
						drilling the well.
(4) If the
						operators are prevented from drilling within the area permitted by the order
						because the Department has prohibited a location within the area because of
						objections by coal operators.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 79 - OIL AND GAS CONSERVATION › WELL SPACING ORDERS › Section 79.27 - Modification of orders

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
						Department may modify spacing orders to include additional lands determined to
						be underlain by the pool, or to exclude lands determined not to be underlain by
						the pool. The order establishing spacing units may also be modified by the
						Department to permit the drilling of additional wells upon a reasonably uniform
						pattern and at a uniform minimum distance from the nearest unit boundary as
						provided above.
(b) An order
						modifying a prior spacing order shall be made only after application by an
						interested operator and notice and hearing as prescribed for the original
						order. The modification of an order shall be promptly recorded in the office of
						the recorder of deeds in the county or counties on which the land affected is
						located by the successful party and proof of the recording made to 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 79 - OIL AND GAS CONSERVATION › WELL SPACING ORDERS › Section 79.28 - Issuance of drilling permit

Current through Register Vol. 54, No. 28, July 13, 2024
(a) No
						permit will be granted for the drilling of a well to a pool which is the
						subject of a pending application for spacing order until the order establishing
						spacing units has been made, except where the operator, after notice and
						hearing, can show that he will be unduly prejudiced by the delay and in such
						case the location shall comply with the spacing pattern in the application
						which has been filed.
(b) After a
						spacing order has been entered no permit will be issued for a well to be
						drilled within the area covered by the order which is less than the minimum
						distance from the nearest boundary of the spacing unit as set out in the order,
						unless the operator has obtained an exception to the order under §
												79.26 (relating to exceptions to
						orders). If an application for a drilling permit is refused because of a
						pending application for a spacing order covering the area on which the drilling
						permit is sought the applicant for the drilling permit may apply to the
						Department for an order to shut in the well or wells on adjoining land which
						are draining his land, until the spacing order is entered. Notice shall be
						given to the operator of the well or wells sought to be shut in at least 1 week
						prior to the date of the hearing. At the hearing, the Department will determine
						whether the well or wells on adjoining lands shall be shut in in order to
						protect correlative rights until the applicant has the opportunity to obtain a
						spacing order.
This section cited in 25 Pa. Code §
														79.11 (relating to drilling
							 permits).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 79 - OIL AND GAS CONSERVATION › INTEGRATION OF INTERESTS IN SPACING UNITS › Section 79.32 - Issuance of drilling permit

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If
						a proper application has been filed under §
												79.31 (relating to application
						requirements) and if all of the operators in the spacing unit have agreed to
						participate in the drilling of a well, or if all of the operators in the
						spacing unit have agreed to participate in the well except for some operators
						who have not agreed to participate, and the participating operators have agreed
						to advance the share of the cost attributable to the nonparticipating
						operators, and the time allowed the nonparticipating operators to come in and
						advance their share of the cost has elapsed, the drilling permit will be
						issued. In the event some of the operators have not agreed to participate in
						their share of the costs, the operators participating in the well shall keep an
						accurate record of all costs in connection with the drilling, equipping and
						operating of the well, and if the well is completed as a producer, shall file
						the complete record with the Department within a reasonable time. The operator
						shall also keep adequate production records, which shall be open for inspection
						to the Department or its agents, and to the nonparticipating operators, at
						reasonable business hours, to determine when twice the cost of drilling and
						equipping the well plus a reasonable charge for supervision, cost of operation
						and interest at the rate of 6% per annum has been paid. The participating
						operators may apply to the Department after notice to the nonparticipating
						operators and hearings, for determination of a reasonable charge for
						supervision. The participating operator shall be entitled to recover twice the
						nonparticipating operator's share of the drilling and equipping costs, plus a
						reasonable charge for supervision, the cost of operation, and interest at the
						rate of 6% per annum, out of 7/8 of the nonparticipating operator's share of
						the production. One-eighth of the share of the production attributable to the
						nonparticipating operator's interest shall be paid to him from the time of the
						completion of the well.
(b) If
						there is a dispute as to the estimated or actual amount of cost, either the
						participating operators or the nonparticipating operators may apply to the
						Department to determine the actual cost or estimated cost.
(c) In instances where a well is completed
						prior to the integration of interests in a spacing unit, the sharing of
						production shall be from the effective date of the integration, except that in
						calculating costs credit shall be given for the value of each operator's share
						of any prior production from the well.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 79 - OIL AND GAS CONSERVATION › INTEGRATION OF INTERESTS IN SPACING UNITS › Section 79.33 - Integration order

Current through Register Vol. 54, No. 28, July 13, 2024
(a) In the
						event that the participating operators are not willing to advance the share of
						the cost of the well attributable to nonparticipating operators, they shall
						file an application for an integration order. The application shall accompany
						the application for a drilling permit on the spacing unit as provided in §
												79.31 (relating to application
						requirements).
(b) Notice of the
						application for an integration order shall be given by certified mail to all
						other operators and royalty owners within the unit whose interests are of
						record, at least 15 days prior to the date of the hearing, or in the
						alternative by personal service. If the persons or their addresses are unknown
						to the applicant, notice may be given by the Department by publication for 2
						successive weeks in a newspaper of general circulation in the county, or each
						county if there be more than one in which the lands embraced within the unit
						are situated. The first publication shall be at least 15 days prior to the date
						of the hearing.
(c) The integration
						order shall contain the following:
(1) The
						proportionate amount of the estimated cost of drilling, completing and
						equipping the well attributable to the interest of each nonparticipating
						operator. If the estimated cost of the well is disputed the Department will
						determine the estimated cost and adjust this amount to the actual cost after
						the well is completed and equipped.
(2) The value in money of the operating
						interest, or leasehold estate, owned by the nonparticipating operator, or if
						requested by the nonparticipating operator, and at the discretion of the
						Department, the amount of overriding royalty or carried interest which may be
						retained by the nonparticipating operator in return for transfer of the
						operating or leasehold rights to the participating operators.
(3) A form of oil and gas lease, assignment
						or other agreement which shall fix the future rights between the participating
						operator and nonparticipating operators, which lease form, assignment or other
						agreement shall provide for a 1/8 royalty on both oil and gas, shall cover only
						the formation or horizon covered by the spacing order, and shall be for a
						primary term which allows for a reasonable time to commence the well on the
						spacing unit, and as long thereafter as oil or gas is produced in paying
						quantities from such spacing unit. If lands owned by the Commonwealth are
						subject to the integration order, the lease shall contain provisions protecting
						the surface of the land for the purposes for which it was acquired by the
						Commonwealth.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 83 - STATE CONSERVATION COMMISSION › Subchapter B - CONSERVATION DISTRICT FUND ALLOCATION PROGRAM-STATEMENT OF POLICY › GENERAL PROVISIONS › Section 83.31 - Purpose

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The act
						  provides for the General Assembly of the Commonwealth to appropriate moneys
						  into a special fund known as the Conservation District Fund for allocation to
						  local conservation districts. Funds allocated to conservation districts from
						  this fund shall be used for activities necessary to meet the requirements of
						  the act and costs associated with implementing programs delegated, contracted
						  or approved by the Commission.
(b)
						  It is the intention of the Commission to provide conservation districts with
						  funds to be used for the employment of conservation district managers for the
						  districts, to provide administrative funding assistance to districts, to
						  finance Commission mandated or authorized activities, and to provide financial
						  assistance for technical staff and programs of districts under the act, if the
						  district complies with the terms and conditions of this chapter.
(c) The Commission will annually allocate the
						  available funding to one or more of the program elements identified in this
						  subchapter and will provide for the fair and equitable distribution of the
						  funds to districts. Total funding available for allocation to one or more of
						  the program elements will be determined by the Commission in consultation with
						  the PDA, the Department and other funding sources on an annual basis as funding
						  is available.
(1) The Commission will have the
						  authority to reallocate district funding based on actual and anticipated
						  district costs.
(2) The Commission
						  will provide advanced payments for conservation districts consistent with the
						  authority of the act and this subchapter.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 83 - STATE CONSERVATION COMMISSION › Subchapter B - CONSERVATION DISTRICT FUND ALLOCATION PROGRAM-STATEMENT OF POLICY › GENERAL PROVISIONS › Section 83.33 - Eligible expenses

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
						  Commission will determine the nature, extent and eligibility of expenses to be
						  funded.
(b) When the Commission
						  funds a staff position under this subchapter, the total cost of employment for
						  those staff positions shall include salary and salary-related expenses provided
						  by the conservation district, such as Social Security, workers' compensation,
						  unemployment compensation, liability insurance, disability insurance,
						  medical/life insurance, Medicare, hospitalization, dental plan, vision plan,
						  other health plans, retirement, professional fees, separation costs and other
						  expenses the Commission determines to be appropriate.
(c) The following are not salary-related
						  expenses: travel, lodging, vehicle insurance and office rent.
(d) When the Commission provides funds to a
						  district for the purpose of supporting general administrative activities of
						  districts and fulfilling requirements of the act and this subchapter, eligible
						  costs include:
(1) Director and associate
						  director mileage and travel expenses to district meetings or other official
						  business.
(2) Publishing the annual
						  report, bonding, liability or errors and omissions insurance.
(3) Postage, legal fees and audit
						  fees.
(4) Expenses related to
						  keeping full and accurate district records.