Subchapter B. PERMITS, TRANSFERS AND OBJECTIONS
PERMITS AND TRANSFERS Sec.
78a.11. Permit requirements.
78a.12. Compliance with permit.
78a.13. Permit transfers.
78a.14. Transfer of well ownership or change of address.
78a.15. Application requirements.
78a.16. Accelerated permit review.
78a.17. Permit expiration and renewal.
78a.18. Disposal and enhanced recovery well permits.
78a.19. Permit application fee schedule.
OBJECTIONS
78a.21. Opportunity for objections and conferences; surface landowners.
78a.22. Objections by owner or operator of coal mine.
78a.23. Time for filing objections by owner or operator of coal mine.
78a.24. Information to be provided with objections by owner or operator of coal mine.
78a.25. Conferences—general.
78a.26. Agreement at conference.
78a.27. Continuation of conference.
78a.28. Final action if objections do not proceed to panel.
78a.29. Composition of panel.
78a.30. Jurisdiction of panel.
78a.31. Scheduling of meeting by the panel.
78a.32. Recommendation by the panel.
78a.33. Effect of panel on time for permit issuance.
PERMITS AND TRANSFERS
§ 78a.11. Permit requirements.
(a) No person may drill or alter a well unless that person has first obtained a permit from the Department.
(b) No person may operate a well unless one of the following conditions has been met:
(1) The person has obtained a permit under the act.
(2) The person has registered the well under the act.
(3) The well was in operation on April 18, 1985, under a permit that was obtained under the Gas Operations Well-Drilling Petroleum and Coal Mining Act (52 P.S. § § 2104, 2208, 2601 and 2602) (Repealed).
§ 78a.12. Compliance with permit.
A person may not drill, alter or operate a well except in accordance with a permit or registration issued under the act and in compliance with the terms and conditions of the permit, this chapter and the statutes under which it was promulgated. A copy of the permit shall be kept at the well site during drilling or alteration of a well.
§ 78a.13. Permit transfers.
(a) No transfer, assignment or sale of rights granted under a permit or registration may be made without prior written approval of the Department. Permit transfers may be denied for the reasons set forth in section 3211(e.1)(4) and (5) of the act (relating to well permits).
(b) The Department may require the transferee to fulfill the drilling, plugging, well site restoration, water supply replacement and other requirements of the act, regardless of whether the transferor started the activity and regardless of whether the transferor failed to properly perform the transferor’s obligations under the act.
§ 78a.14. Transfer of well ownership or change of address.
(a) Within 30 days after the sale, assignment, transfer, conveyance or exchange of a well, the new owner or operator shall notify the Department, in writing, of the transfer of ownership.
(b) The notice must include the following information:
(1) The names, addresses and telephone numbers of the former and new owner, and the agent if applicable.
(2) The well permit or registration number.
(3) The effective date of the transfer of ownership.
(4) An application for a well permit transfer if there is a change in the well operator.
(c) The permittee shall notify the Department of a change in address or name within 30 days of the change.
§ 78a.15. Application requirements.
(a) An application for a well permit shall be submitted electronically to the Department on forms provided through its web site and contain the information required by the Department to evaluate the application.
(b) The permit application will not be considered complete until the applicant submits a complete and accurate plat, an approvable bond or other means of complying with Subchapter G (relating to bonding requirements) and section 3225 of the act (relating to bonding), the fee in compliance with § 78a.19 (relating to permit application fee schedule), proof of the notifications required under section 3211(b.1) of the act (relating to well permits), necessary requests for variance or waivers or other documents required to be furnished by law or the Department and the information in subsections (b.1), (b.2), (c)—(f) and (h). The person named in the permit shall be the same person named in the bond or other security.
(b.1) If the proposed limit of disturbance of the well site is within 100 feet measured horizontally from any watercourse or any high quality or exceptional value body of water or any wetland 1 acre or greater in size, the applicant shall demonstrate that the well site location will protect those watercourses or bodies of water. The applicant may rely upon other plans developed under this chapter or approved by the Department to make this demonstration, including:
(1) An erosion and sediment control plan or permit consistent with Chapter 102 (relating to erosion and sediment control).
(2) A water obstruction and encroachment permit issued under Chapter 105 (relating to dam safety and waterway management).
(3) Applicable portions of the PPC plan prepared in accordance with § 78a.55(a) and (b) (relating to control and disposal planning; emergency response for unconventional wells).
(4) Applicable portions of the emergency response plan prepared in accordance with § 78a.55(i).
(5) Applicable portions of the site containment plan prepared in accordance with section 3218.2 of the act (relating to containment for unconventional wells).
(b.2) For purposes of compliance with section 3215(a) of the act (relating to well location restrictions), an abandoned water well does not constitute a water well.
(c) The applicant shall submit information identifying parent and subsidiary business corporations operating in this Commonwealth with the first application submitted after October 8, 2016, and provide any changes to this information with each subsequent application.
(d) The well permit application must include a detailed analysis of the impact of the well, well site and access road on threatened and endangered species. This analysis must include:
(1) A PNDI receipt.
(2) If any potential impact is identified in the PNDI receipt to threatened or endangered species, demonstration of how the impact will be avoided or minimized and mitigated in accordance with State and Federal laws pertaining to the protection of threatened or endangered species and critical habitat. The applicant shall provide written documentation to the Department supporting this demonstration, including any avoidance/mitigation plan, clearance letter, determination or other correspondence resolving the potential species impact with the applicable public resource agency.
(e) If an applicant seeks to locate a well on an existing well site where the applicant has obtained a permit under § 102.5 (relating to permit requirements) and complied with § 102.6(a)(2) (relating to permit applications and fees), the applicant may comply with subsections (b.1) and (d) if the permit was obtained within 2 years from the receipt of the application submitted under this section.
(f) An applicant proposing to drill a well at a location that may impact a public resource as provided in paragraph (1) shall notify the applicable public resource agency, if any, in accordance with paragraph (2). The applicant shall also provide the information in paragraph (3) to the Department in the well permit application.
(1) This subsection applies if the proposed limit of disturbance of the well site is located:
(i) In or within 200 feet of a publicly owned park, forest, game land or wildlife area.
(ii) In or within the corridor of a State or National scenic river.
(iii) Within 200 feet of a National natural landmark.
(iv) In a location that will impact other critical communities.
(v) Within 200 feet of a historical or archeological site listed on the Federal or State list of historic places.
(vi) Within 200 feet of common areas on a school’s property or a playground.
(vii) Within zones 1 or 2 of a wellhead protection area as part of a wellhead protection program approved under § 109.713 (relating to wellhead protection program).
(viii) Within 1,000 feet of a water well, surface water intake, reservoir or other water supply extraction point used by a water purveyor.
(2) The applicant shall notify the public resource agency responsible for managing the public resource identified in paragraph (1), if any. The applicant shall forward by certified mail a copy of the plat identifying the proposed limit of disturbance of the well site and information in paragraph (3) to the public resource agency at least 30 days prior to submitting its well permit application to the Department. The applicant shall submit proof of notification with the well permit application. From the date of notification, the public resource agency has 30 days to provide written comments to the Department and the applicant on the functions and uses of the public resource and the measures, if any, that the public resource agency recommends the Department consider to avoid, minimize or otherwise mitigate probable harmful impacts to the public resource where the well, well site and access road is located. The applicant may provide a response to the Department to the comments.
(3) The applicant shall include the following information in the well permit application on forms provided by the Department:
(i) An identification of the public resource.
(ii) A description of the functions and uses of the public resource.
(iii) A description of the measures proposed to be taken to avoid, minimize or otherwise mitigate impacts, if any.
(4) The information required under paragraph (3) shall be limited to the discrete area of the public resource that may be affected by the well, well site and access road.
(g) The Department will consider the following prior to conditioning a well permit based on impacts to public resources:
(1) Compliance with all applicable statutes and regulations.
(2) The proposed measures to avoid, minimize or otherwise mitigate the impacts to public resources.
(3) Other measures necessary to protect against a probable harmful impact to the functions and uses of the public resource.
(4) The comments and recommendations submitted by public resource agencies, if any, and the applicant’s response, if any.
(5) The optimal development of the gas resources and the property rights of gas owners.
(h) An applicant proposing to drill a well that involves 1 acre to less than 5 acres of earth disturbance over the life of the project and is located in a watershed that has a designated or existing use of high quality or exceptional value under Chapter 93 (relating to water quality standards) shall submit an erosion and sediment control plan consistent with Chapter 102 with the well permit application for review and approval and shall conduct the earth disturbance in accordance with the approved erosion and sediment control plan.
Cross References This section cited in 25 Pa. Code § 78a.1 (relating to definitions).
§ 78a.16. Accelerated permit review.
In cases of hardship, an operator may request an accelerated review of a well permit application. For the purposes of this section, hardship includes cases where immediate action is necessary to protect public health or safety, to control pollution or to effect other environmental or safety measures, and extraordinary circumstances beyond the control of the operator. Permits issued shall be consistent with the requirements of the act.
§ 78a.17. Permit expiration and renewal.
(a) A well permit expires 1 year after issuance if drilling has not started. If drilling is started within 1 year after issuance, the well permit expires unless drilling is pursued with due diligence. Due diligence for the purposes of this subsection means completion of drilling the well to total depth within 16 months of issuance. A permittee may request an extension of the 16-month expiration from the Department for good cause. This request shall be submitted electronically to the Department through its web site.
(b) An operator may request a single 2-year renewal of an unexpired well permit. The request shall be accompanied by a permit fee, the surcharge required under section 3271 of the act (relating to well plugging funds) and an affidavit affirming that the information on the original application is still accurate and complete, that the well location restrictions are still met and that the entities required to be notified under section 3211(b)(2) of the act (relating to well permits) have been notified of this request for renewal. If new water wells or buildings are constructed that are not indicated on the plat as originally submitted, the attestation shall be updated as part of the renewal request. Any new water well or building owners shall be notified of the renewal request; however, the setbacks outlined in section 3215(a) of the act (relating to well location restrictions) do not apply provided that the original permit was issued prior to the construction of the building or water well. The request shall be received by the Department at least 15 calendar days prior to the expiration of the original permit.
§ 78a.18. Disposal and enhanced recovery well permits.
Disposal or enhanced recovery well permits shall meet the requirements of § 78.18 (relating to disposal and enhanced recovery well permits).
§ 78a.19. Permit application fee schedule.
(a) An applicant for an unconventional well shall pay a permit application fee of $12,500.
(b) At least every 3 years, the Department will provide the EQB with an evaluation of the fees in this chapter and recommend regulatory changes to the EQB to address any disparity between the program income generated by the fees and the Department’s cost of administering the program with the objective of ensuring fees meet all program costs and programs are self-sustaining.
Authority The provisions of this § 78a.19 amended under 58 Pa.C.S. § § 3211(d) and 3274; and section 1920-A of The Administrative Code of 1929 (71 P.S. § 510-20).
Source The provisions of this § 78a.19 amended July 31, 2020, effective August 1, 2020, 50 Pa.B. 3845. Immediately preceding text appears at serial page (383865).
Cross References This section cited in 25 Pa. Code § 78a.15 (relating to application requirements).
OBJECTIONS
§ 78a.21. Opportunity for objections and conferences; surface landowners.
(a) The surface landowner of the tract on which the proposed well is located may object to the well location based on the assertion that the well location violates section 3215 of the act (relating to well location restrictions) or on the basis that the information in the application is untrue in a material respect, and request a conference under section 3251 of the act (relating to conferences).
(b) The objection and request for a conference shall be filed in writing with the Department within 15 calendar days of receipt of the plat by the surface landowner. The objection must contain the following:
(1) The name, address and telephone number of the person submitting the objection.
(2) The name of the well operator, and the name and number of the proposed well.
(3) A statement of the objection and a request for a conference if a conference is being requested.
§ 78a.22. Objections by owner or operator of coal mine.
The owner or operator of an operating coal mine or a coal mine already projected and platted, but not yet being operated, may file written objections to a proposed well location with the Department if the following apply:
(1) The well, when drilled, would penetrate within the outside coal boundaries of such a mine or within 1,000 feet beyond the boundaries.
(2) In the opinion of the owner or operator, the well will unduly interfere with or endanger the mine or persons working in the mine.
Cross References This section cited in 25 Pa. Code § 78a.25 (relating to conferences—general).
§ 78a.23. Time for filing objections by owner or operator of coal mine.
(a) A coal mine owner or operator who objects to a proposed gas well for financial considerations, and wishes to go before a panel with an objection over which the panel has jurisdiction, shall file objections to a proposed gas well within 10 calendar days of the receipt of the plat.
(b) A coal mine owner or operator who does not wish to go before a panel with an objection over which the panel has jurisdiction, or who is not raising financial objections to the proposed gas well, shall file objections to a proposed well within 15 calendar days of the receipt of the plat.
Cross References This section cited in 25 Pa. Code § 78a.25 (relating to conferences—general).
§ 78a.24. Information to be provided with objections by owner or operator of coal mine.
(a) The objections shall be filed in writing and must contain the following information, if applicable:
(1) The name, address and telephone number of the person filing the objection, and the date on which a copy of the plat was received.
(2) The name and address of the applicant for the well permit and the name and number of the well.
(3) The type of well—for example, oil, gas, injection, and the like—that is the subject of the objections.
(4) The location of the well in relation to the coal owned or operated by the objecting party.
(5) The area through which the well will be drilled, specifically:
(i) Whether the well will be drilled through a mining area that is projected, platted or permitted, but not yet being operated.
(ii) Whether the well will be drilled through a perimeter area.
(iii) Whether the well will penetrate a workable coal seam.
(iv) Whether the well will be located above an active mine.
(v) Whether the well will penetrate an operating mine.
(6) A copy of the plans, maps or projections of the mining area underlying the proposed gas well showing the location of the proposed well.
(7) Whether the owner or operator believes that the well will pose undue interference or endangerment to the mine, and the nature of the threat.
(8) The financial impact posed by the well, to which objections may be heard by a panel under § 78a.30 (relating to jurisdiction of panel).
(9) Whether the well will violate the act, the Coal and Gas Resource Coordination Act (58 P.S. § § 501—518) or another applicable law administered by the Department.
(b) The objections must include an alternate location, if possible, on the tract of the well operator that would overcome the objections or at which the interference would be minimized. The Department is not bound to consider alternate locations that are proposed after the close of the first conference.
Cross References This section cited in 25 Pa. Code § 78a.25 (relating to conferences—general).
§ 78a.25. Conferences—general.
(a) If a timely objection to the location is filed by the coal owner or operator under § § 78a.22—78a.24 (relating to objections by owner or operator of coal mine; time for filing objections by owner or operator of coal mine; and information to be provided with objections by owner or operator of coal mine), or if objections are made by the Department, the Department will fix a time and place for a conference within 10 calendar days from the date of service of the objections upon the well operator, unless all parties agree to an extension of time for the conference.
(b) The Department may decide not to hold a conference if it determines that the objections are not valid or if the objection is resolved.
(c) The Department will attempt to schedule the conference as late as possible in the 10-day period if the well is subject to the Coal and Gas Resource Coordination Act (58 P.S. § § 501—518). The Department will not schedule a conference under section 3212 of the act (relating to permit objections) if it receives written notice that the gas well operator or the coal mine owner or operator has made a written request to convene a panel to resolve objections to the location of a gas well over which a panel has jurisdiction in accordance with § § 78a.29—78a.33.
(d) The conference will be governed by § § 78a.26—78a.28 (relating to agreement at conference; continuation of conference; and final action if objections do not proceed to panel).
(e) The Department or a person having a direct interest in the subject matter of the act may request a conference any time to attempt to resolve by mutual agreement a matter arising under the act.
Cross References This section cited in 25 Pa. Code § 78a.30 (relating to jurisdiction of panel).
§ 78a.26. Agreement at conference.
(a) If the parties reach an agreement at the conference, and if the Department approves the location, the Department will cause the agreement to be reduced to writing.
(b) If the Department does not reject the agreement within 10 calendar days after the agreement is reduced to writing, the agreement becomes effective.
(c) An agreement reached at the conference shall be consistent with the requirements of the act and applicable statutes. An agreement that is not in accordance with the act, the Coal and Gas Resource Coordination Act (58 P.S. § § 501—518) and applicable law shall be deemed to be null and void.
Cross References This section cited in 25 Pa. Code § 78a.25 (relating to conferences—general).
§ 78a.27. Continuation of conference.
The Department may continue the conference for good cause. Good cause includes one or more of the following:
(1) The need for supplemental data, maps or surveys.
(2) The need to verify that the agreement or a proposed well location is consistent with the requirements of the act, the Coal and Gas Resource Coordination Act (58 P.S. § § 501—518) and other applicable requirements.
(3) The need for the presence of essential witnesses whose unavailability is due to good cause.
(4) The need for further investigation into the allegations that are the basis for the objections.
(5) Agreement by all parties that a continuance is beneficial to the resolution of the objections.
Cross References This section cited in 25 Pa. Code § 78a.25 (relating to conferences—general).
§ 78a.28. Final action if objections do not proceed to panel.
If the panel does not have jurisdiction over the objections, under § 78a.30 (relating to jurisdiction of panel), or if the panel has jurisdiction but the parties choose not to proceed to a panel, the Department may proceed to issue or deny the permit, under sections 3211 and 3212 of the act (relating to well permits; and permit objections). No permit will be issued for a well at a location that in the opinion of the Department would endanger the safety of persons working in a coal mine.
Cross References This section cited in 25 Pa. Code § 78a.25 (relating to conferences—general).
§ 78a.29. Composition of panel.
(a) If the gas well operator and the objecting coal owner or operator are unable to agree upon a drilling location, and the gas well is subject to the jurisdiction of a panel under § 78a.30 (relating to jurisdiction of panel), the well operator or a coal owner or operator may convene a panel.
(b) The panel shall consist of one person selected by the objecting coal owners or operators, a second person selected by the permit applicant and a third selected by these two.
(c) The parties shall submit their positions to the panel within such time as the panel prescribes, in accordance with section 12 of the Coal and Gas Resource Coordination Act (58 P.S. § 512).
Cross References This section cited in 25 Pa. Code § 78a.25 (relating to conferences—general).
§ 78a.30. Jurisdiction of panel.
(a) A panel shall hear objections by the owner or operator of the coal mining area only if the proposed gas well is not subject to the Oil and Gas Conservation Law (58 P.S. § § 401—419) and one of the following applies:
(1) The well will be drilled through an area that is projected and permitted, but not yet being operated.
(2) The well will be drilled through a perimeter area.
(3) The well will penetrate a workable coal seam, and will be located above an active mine, but will not penetrate an operating mine.
(b) The panel shall hear only objections that were filed by the owner or operator of the mining areas set forth in subsection (a).
(c) If after a conference in accordance with § 78a.25 (relating to conferences—general), the Department has unresolved objections, the panel does not have jurisdiction to convene or to hear objections.
Cross References This section cited in 25 Pa. Code § 78a.24 (relating to information to be provided with objections by owner or operator of coal mine); 25 Pa. Code § 78a.25 (relating to conferences—general); 25 Pa. Code § 78a.28 (relating to final action if objections do not proceed to panel); and 25 Pa. Code § 78a.29 (relating to composition of panel).
§ 78a.31. Scheduling of meeting by the panel.
The panel shall convene a meeting within 10 calendar days of the panel chairperson’s receipt of a written request to do so by the permit applicant or by the objecting coal owner or operator.
Cross References This section cited in 25 Pa. Code § 78a.25 (relating to conferences—general); 25 Pa. Code § 78a.32 (relating to recommendation by the panel).
§ 78a.32. Recommendation by the panel.
(a) The panel shall make its recommendation of where the proposed well should be located, based upon the financial considerations of the parties.
(b) The panel shall make its recommendation within 10 calendar days of the close of the meeting held under § 78a.31 (relating to scheduling of meeting by the panel).
(c) If the Department determines that the first recommended location endangers a mine or the public, it will reject the location and notify the panel to make another recommendation. The panel shall submit another recommended location to the Department within 10 calendar days of the Department’s notification.
(d) If the Department determines that the second recommended location endangers a mine or the public, the Department may designate a location where it has determined that the well will not unduly interfere with or endanger the mine or the public and issue a permit for the well at that designated location. However, if the Department has not designated such a location, and if the Department determines that a well drilled at any proposed or panel-recommended alternate location will unduly interfere with or endanger the mine or the public, it will deny the permit.
(e) No permit will be issued for a well at a location that would, in the opinion of the Department, endanger the safety of persons working in a coal mine.
Cross References This section cited in 25 Pa. Code § 78a.25 (relating to conferences—general).
§ 78a.33. Effect of panel on time for permit issuance.
The period of time during which the objections are being considered by a full panel will not be included in the 45-day period for the issuance or denial of a permit under section 3211(e) of the act (relating to well permits).
Cross References This section cited in 25 Pa. Code § 78a.25 (relating to conferences—general).
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