WELL DRILLING AND USE
§ 79.11. Drilling permits.
(a) No person may drill a well subject to the act unless a permit under the Oil and Gas Act (58 P. S. § § 601.101—601.605) is obtained and the requirements of the act and this section are met.
(b) The requested location of the well may not conflict with a spacing or pooling order previously entered or pending before the Department, and the requested location shall be at least 330 feet from the nearest outside boundary line of the lease on which it is located. If the application is accompanied by a signed or certified copy of a voluntary unitization agreement unitizing all or a portion of the land on which the well is to be located with all other lands or portions thereof lying within 330 feet of the requested location, the permits will not be denied on the basis that the requested location is within 330 feet of the nearest outside boundary of the lease. If the application for a requested location within 330 feet of the nearest outside boundary is not accompanied by a voluntary unitization agreement as set out in the preceding sentence, and if the applicant—being otherwise qualified to receive a permit—desires to request the Department to waive the 330-foot limitation, the applicant may file a statement with the application requesting a hearing before the Department and stating the reasons why the exemption should be granted. Notice as provided in the act will be given to all operators owning land within 330 feet of the requested location. The Department will then determine at the public hearing whether the application for a permit will be granted.
(c) When a drilling permit is requested within an area covered by a spacing order, or on which an application for a spacing order is pending, the applicant shall comply with § § 79.28 and 79.31 (relating to issuance of drilling permit; and application requirements) where applicable.
Authority The provisions of this § 79.11 amended under: section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20); and section 5 of the Oil and Gas Conservation Law (58 P. S. § 405); amended under: the Oil and Gas Act (58 P. S. § § 601.101—601.605); the Coal and Gas Resource Coordination Act (58 P. S. § § 501—518); the Oil and Gas Conservation Law (58 P. S. § § 401—419); Article XIX-A of The Administrative Code of 1929 (71 P. S. § § 510-1 and 510-108); the The Clean Streams Law (35 P. S. § § 691.1—691.1001); and the Solid Waste Management Act (35 P. S. § § 6018.101—6018.1003).
Source The provisions of this § 79.11 adopted August 12, 1971, effective August 13, 1971, 1 Pa.B. 1726; amended November 7, 1980, effective November 8, 1980, 10 Pa.B. 4294; amended January 7, 1983, effective January 8, 1983, 13 Pa.B. 127; amended July 28, 1989, effective July 29, 1989, 19 Pa.B. 3229. Immediately preceding text appears at serial pages (78959) to (78960).
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