Bill Text: PA HB1205 | 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 (Republican 25-3)

Status: (Introduced - Dead) 2009-07-09 - Re-committed to APPROPRIATIONS [HB1205 Detail]

Download: Pennsylvania-2009-HB1205-Introduced.html

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PRINTER'S NO. 1432
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1205 Session of2009
INTRODUCED BY PICKETT, REED, CREIGHTON, EVERETT, FLECK, GEORGE, GINGRICH, HARPER, HARRIS, HESS, MAJOR, MILLARD, MILLER, PHILLIPS, PYLE, SCAVELLO, SIPTROTH, STERN, SWANGER, VULAKOVICH, YOUNGBLOOD AND GEIST, APRIL 3, 2009
REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY, APRIL 3, 2009
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 and the section is amended by adding subsections to
read:
Section 208. Protection of water supplies.
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(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] 2,000 feet of the oil or gas well, where the pollution
occurred within [six] 24 months 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] 2,000 feet of
the well.
(4) The pollution occurred more than [six] 24 months
after completion of drilling or alteration activities.
(5) The pollution occurred as the result of some cause
other than the drilling or alteration activity.
* * *
(e.1) (1) At least 30 days prior to commencing a well
drilling operation, the well operator shall survey, sample
and analyze the quality and quantity of water from any wells,
springs or other water sources located within 2,000 feet of
the proposed oil or gas well. The water well, spring or other
water source to be tested shall be a supply that is utilized
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by a landowner or water purveyor for human consumption,
domestic animals or other general use.
(2) The well operator shall utilize a laboratory
approved by the department to perform the water supply
analysis.
(3) The well operator shall within five days of receipt
of the test results provide this information in writing to
the landowner or water purveyor.
(e.2) (1) Upon the completion of drilling activities and
for a period of 24 months thereafter, the well operator, upon
written request of the landowner or water purveyor, shall
conduct a follow-up survey and analysis of the quality and
quantity of water from any wells, springs or other water
sources initially tested by the well operator under
subsection (e.1). The well operator shall not be required to
conduct such follow-up test more than once in a 12-month
period. The well operator's duty to conduct follow-up testing
shall end 24 months after the well begins production.
(2) The operator shall provide written notice to the
landowner or water purveyor of the right to request follow-up
tests.
(3) The operator shall obtain and analyze the water
samples in accordance with methods established by the
department. All follow-up tests shall be conducted by a
laboratory approved by the department to perform such
testing.
(4) The well operator shall, within five days of receipt
of the test results, provide this information in writing to
the landowner or water purveyor.
* * *
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Section 2. This act shall take effect in 60 days.
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