(a) General rule.--Each oil or gas well owner or operator shall restore the land surface within the area disturbed in siting, drilling, completing and producing the well.
(b) Plan.--During and after earthmoving or soil disturbing activities, including, but not limited to, activities related to siting, drilling, completing, producing and plugging the well, erosion and sedimentation control measures shall be implemented in accordance with an erosion and sedimentation control plan prepared in accordance with the act of June 22, 1937 (P.L.1987, No.394), known as The Clean Streams Law.
(c) Pits, drilling supplies and equipment.--Within nine months after completion of drilling of a well, the owner or operator shall restore the well site, remove or fill all pits used to contain produced fluids or industrial wastes and remove all drilling supplies and equipment not needed for production. Drilling supplies and equipment not needed for production may be stored on the well site if express written consent of the surface landowner is obtained.
(d) Items related to production or storage.--Within nine months after plugging a well, the owner or operator shall remove all production or storage facilities, supplies and equipment and restore the well site.
(e) Clean Streams Law.--Restoration activities required by this chapter or in regulations promulgated under this chapter shall also comply with all applicable provisions of The Clean Streams Law.
(f) Violation of chapter.--Failure to restore the well site as required in this chapter or regulations promulgated under this chapter constitutes a violation of this chapter.
(g) Extension.--
(1) The restoration period may be extended by the department for an additional period of time not to exceed two years upon demonstration by the well owner or operator that:
(i) the extension will result in less earth disturbance, increased water reuse or more efficient development of the resources; or
(ii) site restoration cannot be achieved due to adverse weather conditions or a lack of essential fuel, equipment or labor.
(2) The demonstration under paragraph (1) shall do all of the following:
(i) Include a site restoration plan that shall provide for:
(A) the timely removal or fill of all pits used to contain produced fluids or industrial wastes;
(B) the removal of all drilling supplies and equipment not needed for production;
(C) the stabilization of the well site that shall include interim postconstruction storm water management best management practices; or
(D) other measures to be employed to minimize accelerated erosion and sedimentation in accordance with The Clean Streams Law.
(ii) Provide for returning the portions of the site not occupied by production facilities or equipment to approximate original contours and making them capable of supporting the uses that existed prior to drilling the well.
(3) The department may condition an extension under this subsection as is necessary in accordance with The Clean Streams Law.
(h) Definition.--As used in this section, the term "well site" means areas occupied by all equipment or facilities necessary for or incidental to drilling, production or plugging a well.
Special Provisions in Appendix. See section 4(3)(v) of Act 13 of 2012 in the appendix to this title for special provisions relating to continuation of prior law.
Structure Pennsylvania Consolidated & Unconsolidated Statutes
Pennsylvania Consolidated & Unconsolidated Statutes
Section 3201 - Scope of chapter
Section 3202 - Declaration of purpose of chapter
Section 3212 - Permit objections
Section 3212.1 - Comments by municipalities and storage operators
Section 3213 - Well registration and identification
Section 3214 - Inactive status
Section 3215 - Well location restrictions
Section 3216 - Well site restoration
Section 3217 - Protection of fresh groundwater and casing requirements
Section 3218 - Protection of water supplies
Section 3218.1 - Notification to public drinking water systems
Section 3218.2 - Containment for unconventional wells
Section 3218.3 - Transportation records regarding wastewater fluids
Section 3218.4 - Corrosion control requirements
Section 3218.5 - Gathering lines
Section 3219 - Use of safety devices
Section 3219.1 - Well control emergency response
Section 3220 - Plugging requirements
Section 3221 - Alternative methods
Section 3222 - Well reporting requirements
Section 3222.1 - Hydraulic fracturing chemical disclosure requirements
Section 3223 - Notification and effect of well transfer
Section 3224 - Coal operator responsibilities
Section 3226 - Oil and Gas Technical Advisory Board
Section 3227 - Air contaminant emissions
Section 3231 - Reporting requirements for gas storage operations
Section 3232 - Reporting requirements for coal mining operations
Section 3233 - General gas storage reservoir operations
Section 3234 - Gas storage reservoir operations in coal areas
Section 3235 - Inspection of facilities and records
Section 3236 - Reliance on maps and burden of proof
Section 3237 - Exemptions and prohibitions
Section 3241 - Appropriation of interest in real property
Section 3252 - Public nuisances
Section 3253 - Enforcement orders
Section 3254 - Restraining violations
Section 3254.1 - Well control emergency response cost recovery
Section 3256 - Civil penalties
Section 3257 - Existing rights and remedies preserved and cumulative remedies authorized
Section 3258 - Inspection and production of materials, witnesses, depositions and rights of entry
Section 3259 - Unlawful conduct
Section 3260 - Collection of fines and penalties
Section 3261 - Third party liability
Section 3262 - Inspection reports
Section 3271 - Well plugging funds
Section 3271.1 - Well plugging contracts
Section 3273 - Effect on department authority
Section 3273.1 - Relationship to solid waste and surface mining