Subchapter X. STATEMENTS OF POLICY
INSPECTION POLICY REGARDING OIL AND GAS
WELL ACTIVITIES
Sec.
78.901. [Reserved].
78.902. Policy.
78.903. Frequency of inspections.
78.904. Manner of inspection.
78.905. Additional inspections.
78.906. Limitation.
INSPECTION POLICY REGARDING OIL AND GAS
WELL ACTIVITIES
§ 78.901. [Reserved].
Source The provisions of this § 78.901 adopted July 28, 1989, effective July 29, 1989, 19 Pa.B. 3229; reserved March 30, 2001, effective March 31, 2001, 31 Pa.B. 1736. Immediately preceding text appears at serial page (241959).
§ 78.902. Policy.
(a) This statement of policy sets forth the policy of the Department in regard to inspections of oil and gas well locations, sites, property, facilities, operations or activities governed by the act, the Coal and Gas Resource Coordination Act (58 P. S. § § 501—518) or the Oil and Gas Conservation Law (58 P. S. § § 401—419). This policy does not create a duty or obligation upon the Department to conduct a minimum or maximum number of inspections per year or during a certain period of time.
(b) Inspections are conducted to administer, implement, enforce and determine compliance with the statutes set forth in subsection (a) and with Article XIX-A of The Administrative Code of 1929 (71 P.S. § § 510-1—510-108), The Clean Streams Law (35 P.S. § § 691.1—691.1001) and the Solid Waste Management Act (35 P.S. § § 6018.101—6018.1003) and other statutes administered by the Department that apply to activities associated with gas and oil operations.
Source The provisions of this § 78.902 adopted July 28, 1989, effective July 29, 1989, 19 Pa.B. 3229.
Cross References This section cited in 25 Pa. Code § 78.903 (relating to frequency of inspections); and 25 Pa. Code § 78.905 (relating to additional inspections).
§ 78.903. Frequency of inspections.
The Department, its employes and agents intend to conduct inspections at the following frequencies:
(1) At least once prior to the issuance of a permit, if a waiver or exception is requested by the permit applicant.
(2) At least once in verifying or resolving objections or determining the Department’s response to objections, when objections are raised to a permit application.
(3) At least once during each of the phases of siting, drilling, casing, cementing, completing, altering and stimulating a well.
(4) At least once during, or within 3 months after, the time period in which the owner or operator is required to restore the site, after drilling the well.
(5) At least once prior to the authorization to use an alternate method for plugging, casing or equipping the well.
(6) At least once during the periods that an alternative method for plugging, casing or equipping the well is being used or installed.
(7) At least once when a well is being reconditioned or repaired or when casing is being replaced.
(8) At least once prior to a well being granted inactive status.
(9) At least once during the plugging of the well.
(10) At least once during, or within 3 months after, the period in which the owner or operator is required to restore the site, after the well is plugged or abandoned.
(11) At least once before the bond or other financial security is released.
(12) At least once a year, if there is onsite brine disposal or residual waste disposal subject to the statutes referenced in § 78.902 (relating to policy).
(13) At least twice a year if the well is located in a gas storage reservoir or in a gas storage reservoir protective area.
(14) At least once a year to determine whether compliance with the statutes administered by the Department has been achieved.
(15) If there is a violation, at least once to determine whether the violation has been corrected, or whether there is a continuing violation.
(16) At least once, in response to a complaint.
Source The provisions of this § 78.903 adopted July 28, 1989, effective July 29, 1989, 19 Pa.B. 3229; reserved March 30, 2001, effective March 31, 2001, 31 Pa.B. 1736. Immediately preceding text appears at serial pages (241959) to (241960).
§ 78.904. Manner of inspection.
The inspections described in this subchapter may be conducted separately, or in combination, whichever manner is deemed by the Department to permit maximum efficiency, accuracy and thoroughness in implementing the statutes administered by the Department.
Source The provisions of this § 78.904 adopted July 28, 1989, effective July 29, 1989, 19 Pa.B. 3229.
§ 78.905. Additional inspections.
The Department, its employes and agents may conduct additional inspections, including follow-up inspections, inspections to observe a practice or condition related to the public health or safety and inspections to determine compliance with the statutes set forth in § 78.902 (relating to policy), with the laws administered by the Department, with the Department’s regulations, with the terms or conditions of a permit or with the requirements of an order.
Source The provisions of this § 78.905 adopted July 28, 1989, effective July 29, 1989, 19 Pa.B. 3229.
§ 78.906. Limitation.
The provisions of this statement of policy are subject to the availability of personnel and financial resources. This statement of policy does not create a duty or obligation upon the Department to conduct a minimum or maximum number of inspections per year or during a certain period.
Source The provisions of this § 78.906 adopted July 28, 1989, effective July 29, 1989, 19 Pa.B. 3229.
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