Bill Text: PA HB2613 | 2009-2010 | Regular Session | Introduced

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Bill Title: In general requirements, further providing for protection of water supplies.

Spectrum: Moderate Partisan Bill (Democrat 22-3)

Status: (Introduced - Dead) 2010-06-25 - Referred to ENVIRONMENTAL RESOURCES AND ENERGY [HB2613 Detail]

Download: Pennsylvania-2009-HB2613-Introduced.html

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PRINTER'S NO. 3999
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2613 Session of2010
INTRODUCED BY HANNA, MIRABITO, BELFANTI, BRADFORD, BRIGGS, CALTAGIRONE, CASORIO, HESS, HOUGHTON, JOSEPHS, KORTZ, LEVDANSKY, MAHONEY, MARSHALL, McILVAINE SMITH, METZGAR, MURPHY, PALLONE, PAYTON, ROEBUCK, SIPTROTH, STABACK, WAGNER AND WHITE, JUNE 25, 2010
REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY, JUNE 25, 2010
AN ACT
Amending the act of December 19, 1984 (P.L.1140, No.223),
entitled "An act relating to the development of oil and gas
and coal; imposing duties and powers on the Department of
Environmental Resources; imposing notification requirements
to protect landowners; and providing for definitions, for
various requirements to regulate the drilling and operation
of oil and gas wells, for gas storage reservoirs, for various
reporting requirements, including certain requirements
concerning the operation of coal mines, for well permits, for
well registration, for distance requirements, for well casing
requirements, for safety device requirements, for storage
reservoir obligations, for well bonding requirements, for a
Well Plugging Restricted Revenue Account to enforce oil and
gas well plugging requirements, for the creation of an Oil
and Gas Technical Advisory Board, for oil and gas well
inspections, for enforcement and for penalties," in general
requirements, further providing for protection of water
supplies.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 208(c) and (d) of the act of December 19,
1984 (P.L.1140, No.223), known as the Oil and Gas Act, are
amended to read:
Section 208. Protection of water supplies.
* * *
(c) Unless rebutted by one of the five defenses established
in subsection (d), it shall be presumed that a well operator is
responsible for the pollution of a water supply that is within
[1,000] 5,000 feet of the oil or gas well, where the pollution
occurred within [six months] one year after the completion of
drilling or alteration of such well.
(d) In order to rebut the presumption of liability
established in subsection (c), the well operator must
affirmatively prove one of the following [five] defenses:
(1) The pollution existed prior to the drilling or
alteration activity as determined by a predrilling or
prealteration survey.
(2) The landowner or water purveyor refused to allow the
operator access to conduct a predrilling or prealteration
survey.
(3) The water supply is not within [1,000] 5,000 feet of
the well.
(4) The pollution occurred more than [six months] one
year after completion of drilling or alteration activities.
(5) The pollution occurred as the result of some cause
other than the drilling or alteration activity.
* * *
Section 2. This act shall take effect in 60 days.
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