(a) Appropriation.--Fines, civil penalties and permit and registration fees collected under this chapter are appropriated to the department to carry out the purposes of this chapter.
(b) Surcharge.--To aid in indemnifying the Commonwealth for the cost of plugging abandoned wells, a $50 surcharge is added to the permit fee established by the department under section 3211 (relating to well permits) for new wells. Money collected as a result of the surcharge shall be paid into a restricted revenue account in the State Treasury to be known as the Abandoned Well Plugging Fund and expended by the department to plug abandoned wells threatening the health and safety of persons or property or pollution of waters of this Commonwealth.
(c) Orphan Well Plugging Fund.--The following shall apply:
(1) A restricted revenue account to be known as the Orphan Well Plugging Fund is created. A $100 surcharge for wells to be drilled for oil production and a $200 surcharge for wells to be drilled for gas production are added to the permit fee established by the department under section 3211 for new wells. The surcharges shall be placed in the Orphan Well Plugging Fund and expended by the department to plug orphan wells. If an operator rehabilitates a well abandoned by another operator or an orphan well, the permit fee and the surcharge for the well shall be waived.
(2) The department shall study its experience in implementing this section and shall report its findings to the Governor and the General Assembly by August 1, 1992. The report shall contain information relating to the balance of the fund, number of wells plugged, number of identified wells eligible for plugging and recommendations as to alternative funding mechanisms.
(3) Expenditures by the department for plugging orphan wells are limited to fees collected under this chapter. No money from the General Fund shall be expended for this purpose.
(July 19, 2022, P.L.1622, No.96, eff. imd.; Nov. 3, 2022, P.L.1987, No.136, eff. 60 days)
2022 Amendments. Act 96 amended subsec. (c)(1) and Act 136 amended subsec. (c)(1).
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