§ 79.26. Exceptions to orders.
(a) The Department may allow an exception to the spacing order to vary the minimum distance from the boundary line upon which a well on a given unit may be drilled, upon proof that one of the following circumstances exist:
(1) To take into consideration wells drilled or being drilled at the time the application is filed for a spacing order.
(2) If the Department finds after notice and hearing that a well drilled within the minimum distance prescribed in the spacing order would not be likely to produce in paying quantities.
(3) If the Department finds after notice and hearing that the well drilled at or more than the specified minimum distance from the boundary of the spacing unit will encounter surface conditions which would substantially add to the burden or hazards of drilling the well.
(4) If the operators are prevented from drilling within the area permitted by the order because the Department has prohibited a location within the area because of objections by coal operators.
(b) In granting an exception to the spacing order to permit drilling at less than the minimum distance from the boundary line of the spacing unit, the Department may restrict the production from the well so that each person entitled thereto in the spacing units does not produce or receive more than his just and equitable share of the production. If the Department finds that the production should be restricted, it will make or cause to be made tests of the well to determine its average production and will require meter charts, production histories, or other records as it may deem necessary or advisable to determine that the well is producing in the manner required by order of the Department.
Authority The provisions of this § 79.26 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—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).
Source The provisions of this § 79.26 adopted August 12, 1971, effective August 13, 1971, 1 Pa.B. 1726; amended July 28, 1989, effective July 29, 1989, 19 Pa.B. 3229. Immediately preceding text appears at serial pages (4470) to (4471).
Cross References This section cited in 25 Pa. Code § 79.28 (relating to issuance of drilling permit).
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