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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY HANNA, GEORGE, BRADFORD, CALTAGIRONE, CARROLL, DALEY, FABRIZIO, KAVULICH, KORTZ, METZGAR, MURT, M. O'BRIEN, READSHAW, SANTARSIERO, STABACK, THOMAS, WAGNER AND HESS, FEBRUARY 23, 2011 |
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| REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY, FEBRUARY 23, 2011 |
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| AN ACT |
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1 | Amending the act of December 19, 1984 (P.L.1140, No.223), |
2 | entitled "An act relating to the development of oil and gas |
3 | and coal; imposing duties and powers on the Department of |
4 | Environmental Resources; imposing notification requirements |
5 | to protect landowners; and providing for definitions, for |
6 | various requirements to regulate the drilling and operation |
7 | of oil and gas wells, for gas storage reservoirs, for various |
8 | reporting requirements, including certain requirements |
9 | concerning the operation of coal mines, for well permits, for |
10 | well registration, for distance requirements, for well casing |
11 | requirements, for safety device requirements, for storage |
12 | reservoir obligations, for well bonding requirements, for a |
13 | Well Plugging Restricted Revenue Account to enforce oil and |
14 | gas well plugging requirements, for the creation of an Oil |
15 | and Gas Technical Advisory Board, for oil and gas well |
16 | inspections, for enforcement and for penalties," in general |
17 | requirements, further providing for protection of water |
18 | supplies. |
19 | The General Assembly of the Commonwealth of Pennsylvania |
20 | hereby enacts as follows: |
21 | Section 1. Section 208(c) and (d) of the act of December 19, |
22 | 1984 (P.L.1140, No.223), known as the Oil and Gas Act, are |
23 | amended to read: |
24 | Section 208. Protection of water supplies. |
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1 | * * * |
2 | (c) Unless rebutted by one of the five defenses established |
3 | in subsection (d), it shall be presumed that a well operator is |
4 | responsible for the pollution of a water supply that is within |
5 | [1,000] 5,000 feet of the oil or gas well, where the pollution |
6 | occurred within [six months] one year after the completion of |
7 | drilling or alteration of such well. |
8 | (d) In order to rebut the presumption of liability |
9 | established in subsection (c), the well operator must |
10 | affirmatively prove one of the following [five] defenses: |
11 | (1) The pollution existed prior to the drilling or |
12 | alteration activity as determined by a predrilling or |
13 | prealteration survey. |
14 | (2) The landowner or water purveyor refused to allow the |
15 | operator access to conduct a predrilling or prealteration |
16 | survey. |
17 | (3) The water supply is not within [1,000] 5,000 feet of |
18 | the well. |
19 | (4) The pollution occurred more than [six months] one |
20 | year after completion of drilling or alteration activities. |
21 | (5) The pollution occurred as the result of some cause |
22 | other than the drilling or alteration activity. |
23 | * * * |
24 | Section 2. This act shall take effect in 60 days. |
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