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


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

  

 

    

PRINTER'S NO.  3999

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

HOUSE BILL

 

No.

2613

Session of

2010

  

  

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

  

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Amending the act of December 19, 1984 (P.L.1140, No.223),

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entitled "An act relating to the development of oil and gas

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and coal; imposing duties and powers on the Department of

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Environmental Resources; imposing notification requirements

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to protect landowners; and providing for definitions, for

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various requirements to regulate the drilling and operation

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of oil and gas wells, for gas storage reservoirs, for various

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reporting requirements, including certain requirements

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concerning the operation of coal mines, for well permits, for

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well registration, for distance requirements, for well casing

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requirements, for safety device requirements, for storage

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reservoir obligations, for well bonding requirements, for a

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Well Plugging Restricted Revenue Account to enforce oil and

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gas well plugging requirements, for the creation of an Oil

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and Gas Technical Advisory Board, for oil and gas well

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inspections, for enforcement and for penalties," in general

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requirements, further providing for protection of water

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supplies.

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The General Assembly of the Commonwealth of Pennsylvania

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hereby enacts as follows:

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Section 1.  Section 208(c) and (d) of the act of December 19,

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1984 (P.L.1140, No.223), known as the Oil and Gas Act, are

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amended to read:

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Section 208.  Protection of water supplies.

 


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* * *

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(c)  Unless rebutted by one of the five defenses established

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in subsection (d), it shall be presumed that a well operator is

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responsible for the pollution of a water supply that is within

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[1,000] 5,000 feet of the oil or gas well, where the pollution

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occurred within [six months] one year after the completion of

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drilling or alteration of such well.

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(d)  In order to rebut the presumption of liability

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established in subsection (c), the well operator must

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affirmatively prove one of the following [five] defenses:

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(1)  The pollution existed prior to the drilling or

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alteration activity as determined by a predrilling or

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prealteration survey.

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(2)  The landowner or water purveyor refused to allow the

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operator access to conduct a predrilling or prealteration

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survey.

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(3)  The water supply is not within [1,000] 5,000 feet of

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the well.

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(4)  The pollution occurred more than [six months] one

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year after completion of drilling or alteration activities.

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(5)  The pollution occurred as the result of some cause

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other than the drilling or alteration activity.

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* * *

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Section 2.  This act shall take effect in 60 days.

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