§ 78.1. Definitions.

 (a)  The words and terms defined in section 103 of the act (58 P. S. §  601.103), section 2 of the Coal and Gas Resource Coordination Act (58 P. S. §  502), section 2 of the Oil and Gas Conservation Law (58 P. S. §  402), section 103 of the Solid Waste Management Act (35 P. S. §  6018.103) and section 1 of The Clean Stream Law (35 P. S. §  691.1), have the meanings set forth in those statutes when the terms are used in this chapter.

 (b)  The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:

   Act—The Oil and Gas Act (58 P. S. § §  601.101—601.605).

   Attainable bottom—The depth, approved by the Department, which can be achieved after a reasonable effort is expended to clean out to the total depth.

   Casing seat—The depth to which the surface casing or coal protection casing is run. In wells without surface casing, the casing seat shall be equal to the depth of casing which is normal for wells in the area.

   Cement—A mixture of materials for bonding or sealing that attains a 7-day maximum permeability of 0.01 millidarcies and a 24-hour compressive strength of at least 500 psi in accordance with applicable API standards and specifications.

   Certified laboratory—A laboratory accredited by the Department under Chapter 252 (relating to laboratory accreditation).

   Coal area—An area that is underlain by a workable coal seam.

   Coal protective casing—A string of pipe which is installed in the well for the purpose of coal segregation and protection. In some instances the coal protective casing and the surface casing may be the same.

   Deepest fresh groundwater—The deepest fresh groundwater bearing formation penetrated by the wellbore as determined from drillers logs from the well or from other wells in the area surrounding the well or from historical records of the normal surface casing seat depths in the area surrounding the well, whichever is deeper.

   Drill cuttings—Rock cuttings and related mineral residues generated during the drilling of an oil or gas well.

   Fresh groundwater—Water in that portion of the generally recognized hydrologic cycle which occupies the pore spaces and fractures of saturated subsurface materials.

   Gas storage field—A gas storage reservoir and all of the gas storage wells connected to the gas storage reservoir.

   Gas storage reservoir—The portion of a subsurface geologic formation or rock strata used for or being tested for storage of natural gas that:

     (i)   Has sufficient porosity and permeability to allow gas to be injected or withdrawn, or both.

     (ii)   Is bounded by strata of insufficient porosity or permeability, or both, to allow gas movement out of the reservoir.

     (iii)   Contains or will contain injected gas geologically or by pressure control.

   Gas storage well—A well located and used in a gas storage reservoir for injection or withdrawal purposes, or an observation well.

   Gel—A slurry of clay or other equivalent material and water at a ratio of not more than 7 barrels of water to each 100 pounds of clay or other equivalent matter.

   Noncementing material—A mixture of very fine to coarse grained nonbonding materials, including unwashed crushed rock, drill cuttings, earthen mud or other equivalent material approved by the Department.

   Noncoal area—An area that is not underlain by a workable coal seam.

   Nonporous material—Nontoxic earthen mud, drill cuttings, fire clay, gel, cement or equivalent materials approved by the Department that will equally retard the movement of fluids.

   Observation well—A well used to monitor the operational integrity and conditions in a gas storage reservoir, the reservoir protective area or strata above or below the gas storage horizon.

   Owner—A person who owns, manages, leases, controls or possesses a well or coal property. For purposes of sections 203(a)(4) and (5) and 210 of the act (58 P. S. § §  601.203(a)(4) and (5) and 601.210), the term does not include those owners or possessors of surface real property on which the abandoned well is located who did not participate or incur costs in the drilling or extraction operation of the abandoned well and had no right of control over the drilling or extraction operation of the abandoned well. The term does not apply to orphan wells except where the Department determines a prior owner or operator benefited from the well as provided in section 210(a) of the act.

   Perimeter area—An area that begins at the outside coal boundaries of an operating coal mine and extends within 1000 feet beyond those boundaries or an area within 1000 feet beyond the mine permit boundaries of a coal mine already projected and permitted but not yet being operated.

   Permanently cemented—Surface casing or coal protective casing that is cemented until cement is circulated to the surface or is cemented with a calculated volume of cement necessary to fill the theoretical annular space plus 20% excess.

   Private water supply—A water supply that is not a public water supply.

   Production casing—A string of pipe other than surface casing and coal protective casing which is run for the purpose of confining or conducting hydrocarbons and associated fluids from one or more producing horizons to the surface.

   Public water supply—A water system that is subject to the Pennsylvania Safe Drinking Water Act (35 P. S. § §  721.1—721.17).

   Reportable release of brine—Spilling, leaking, emitting, discharging, escaping or disposing of one of the following:

     (i)   More than 5 gallons of brine within a 24-hour period on or into the ground at the well site where the total dissolved solids concentration of the brine is equal or greater than 10,000 mg/l.

     (ii)   More than 15 gallons of brine within a 24-hour period on or into the ground at the well site where the total dissolved solids concentration of the brine is less than 10,000 mg/l.

   Retrievable—When used in conjunction with surface casing, coal protective casing or production casing, the casing that can be removed after exerting a prudent effort to pull the casing while applying a pulling force at least equal to the casing weight plus 5000 pounds or 120% of the casing weight, whichever is greater.

   Seasonal high groundwater table—The saturated condition in the soil profile during certain periods of the year. The condition can be caused by a slowly permeable layer within the soil profile and is commonly indicated by the presence of soil mottling.

   Sheen—An iridescent appearance on the surface of the water.

   Soil mottling—Irregular marked spots in the soil profile that vary in color, size and number.

   Surface casing—A string of pipe which extends from the surface and that segregates and protects fresh groundwater and stabilizes the hole.

   Tophole water—Water that is brought to the surface while drilling through the strata containing fresh groundwater and water that is fresh groundwater or water that is from a body of surface water. Tophole water may contain drill cuttings typical of the formation being penetrated but may not be polluted or contaminated by additives, brine, oil or man induced conditions.

   Total depth—The depth to which the well was originally drilled, subsequently drilled or the depth to which it was plugged back in a manner approved by the Department.

   Tour—A workshift in drilling of a well.

   Water protection depth—The depth to a point 50 feet below the surface casing seat.

   Water purveyor—The owner or operator of a public water supply.

   Water supply—A supply of water for human consumption or use, or for agricultural, commercial, industrial or other legitimate beneficial uses.

   Well operator or operator—The person designated as the well operator or operator on the permit application or well registration. If a permit or registration was not issued, the term means a person who locates, drills, operates, alters or plugs a well or reconditions a well with the purpose of production therefrom. In cases where a well is used in connection with the underground storage of gas, the term also means a storage operator.

   Well site—The area occupied by the equipment or facilities necessary for or incidental to the drilling, production or plugging of a well.

   Workable coal seam—One of the following:

     (i)   A coal seam in fact being mined in the area in question under the act and this chapter by underground methods.

     (ii)   A coal seam which, in the judgment of the Department, reasonably can be expected to be mined by underground methods.

   The provisions of this §  78.1 amended under 27 Pa.C.S. § §  4103(a), 4104 and 4105; and section 1920-A of The Administrative Code of 1929 (71 P. S. §  510-20).

   The provisions of this §  78.1 adopted July 31, 1987, effective August 1, 1987, 17 Pa.B. 3235; amended July 28, 1989, effective July 29, 1989, 19 Pa.B. 3229; amended December 16, 1994, effective December 17, 1994, 24 Pa.B. 6284; amended March 30, 2001, effective March 31, 2001, 31 Pa.B. 1736; amended January 27, 2006, effective January 28, 2006, 36 Pa.B. 465. Immediately preceding text appears at serial pages (276293) to (276297).

 This chapter specifies procedures and rules for the drilling, alteration, operation and plugging of oil and gas wells, and for the operation of a coal mine in the vicinity of an oil or gas well.

   The provisions of this §  78.6 adopted July 31, 1987, effective August 1, 1987, 17 Pa.B. 3235; reserved July 28, 1989, effective July 29, 1989, 19 Pa.B. 3229. Immediately preceding text appears at serial page (121567).

Subchapter B. PERMITS, TRANSFERS AND OBJECTIONS

PERMITS AND TRANSFERS

Sec.

§ 78.11. 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).

   The provisions of this §  78.11 adopted July 28, 1989, effective July 29, 1989, 19 Pa.B. 3229.

 A person may not drill, alter or operate an oil or gas 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.

 (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 201(e)(4) and (5) of the act (58 P. S. §  601.201(e)(4) and (5)).

 (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 commenced the activity and regardless of whether the transferor failed to properly perform the transferor’s obligations under the act.

 (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 shall 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.

 (a)  An application for a well permit shall be submitted on forms furnished by the Department 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 section 215 of the act (58 P. S. §  601.215), the fee, proof of notification, necessary requests for variance or waivers or other documents required to be furnished by law or the Department. The person named in the permit shall be the same person named in the bond or other security.

 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.

 An operator may request a 1-year renewal of a well permit. The request shall be accompanied by a permit fee, the surcharge required in section 601 of the act (58 P. S. §  601.601), 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 surface owners, coal owners and operators, gas storage operators, where the permit renewal is for a proposed well location within an underground gas storage reservoir or the reservoir protective area, and water supply owners within 1,000 feet have been notified of this request for renewal. The request shall be received by the Department at least 15 calendar days prior to the expiration of the original permit.

 (a)  A person may not drill a disposal or enhanced recovery well or alter an existing well to be a disposal or enhanced recovery well unless the person:

   (1)  Obtains a well permit under §  78.11 (relating to permit requirements).

   (2)  Submits with the well permit application a copy of the well permit, approved permit application and required related documentation submitted for the disposal or enhanced recovery well to the EPA under 40 CFR Part 146 (relating to underground injection control program).

   (3)  Submits a copy of a control and disposal plan for the disposal or enhanced recovery well and related facilities that meets the requirements of §  91.34 (relating to activities utilizing pollutants).

   (4)  Submits a copy of an erosion and sedimentation plan for the disposal or enhanced recovery well site that meets the requirements of Chapter 102 and §  78.53 (relating to erosion and sediment control; and erosion and sedimentation control).

 (b)  By December 18, 1995, an operator of disposal or enhanced recovery wells which were operating before December 18, 1995, shall submit to the Department a list of the operator’s disposal or enhanced recovery wells including:

   (1)  The Department’s permit or registration number for each well on this list.

   (2)  The corresponding permit number issued to each well on this list by the EPA.

 (c)  A person who operates multiple well projects may submit one copy of the documents required under subsection (a) if the documents are applicable to the entire project.

   The provisions of this §  78.18 adopted December 16, 1994, effective December 17, 1994, 24 Pa.B. 6284.

OBJECTIONS

§ 78.21. 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 205 of the act (58 P. S. §  601.205) or on the basis that the information in the application is untrue in a material respect, and request a conference under section 501 of the act (58 P. S. §  601.501).

 (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 shall 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.

 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.

   The provisions of this §  78.22 adopted July 28, 1989, effective July 29, 1989, 19 Pa.B. 3229.

 (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 oil or gas well within 15 calendar days of the receipt of the plat.

   The provisions of this §  78.23 adopted July 28, 1989, effective July 29, 1989, 19 Pa.B. 3229.

 (a)  The objections shall be filed in writing and shall 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 §  78.30 (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 shall 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.

   The provisions of this §  78.24 adopted July 28, 1989, effective July 29, 1989, 19 Pa.B. 3229.

 (a)  If a timely objection to the location is filed by the coal owner or operator under § §  78.22—78.24 (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 202 of the act (58 P. S. §  601.202) 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 § §  78.29—78.33.

 (d)  The conference shall be governed by § §  78.26—78.28 (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.

   The provisions of this §  78.25 adopted July 28, 1989, effective July 29, 1989, 19 Pa.B. 3229.

 (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.

   The provisions of this §  78.26 adopted July 28, 1989, effective July 29, 1989, 19 Pa.B. 3229.

 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.

   The provisions of this §  78.27 adopted July 28, 1989, effective July 29, 1989, 19 Pa.B. 3229.

 If the panel does not have jurisdiction of the objections, under §  78.30 (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 201 and 202 of the act (58 P. S. § §  601.201 and 601.202). 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.

   The provisions of this §  78.28 adopted July 28, 1989, effective July 29, 1989, 19 Pa.B. 3229.

 (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 §  78.30 (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).

   The provisions of this §  78.29 adopted July 28, 1989, effective July 29, 1989, 19 Pa.B. 3229.

 (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 §  78.25 (relating to conferences—general), the Department has unresolved objections, the panel does not have jurisdiction to convene or to hear objections.

   The provisions of this §  78.30 adopted July 28, 1989, effective July 29, 1989, 19 Pa.B. 3229.

 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.

   The provisions of this §  78.31 adopted July 28, 1989, effective July 29, 1989, 19 Pa.B. 3229.

 (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 §  78.31 (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.

   The provisions of this §  78.32 adopted July 28, 1989, effective July 29, 1989, 19 Pa.B. 3229.

 The period of time during which the objections are being considered by a full panel is not included in the 45-day period for the issuance or denial of a permit under section 201(e) of the act (58 P. S. §  601.201(e)).

   The provisions of this §  78.33 adopted July 28, 1989, effective July 29, 1989, 19 Pa.B. 3229.

   This section cited in 25 Pa. Code §  78.25 (relating to conferences—general).

Subchapter C. ENVIRONMENTAL PROTECTION

PERFORMANCE STANDARDS

Sec.

§ 78.51. Protection of water supplies.

 (a)  A well operator who affects a public or private water supply by pollution or diminution shall restore or replace the affected supply with an alternate source of water adequate in quantity and quality for the purposes served by the supply.

 (b)  A landowner, water purveyor or affected person suffering pollution or diminution of a water supply as a result of drilling, altering or operating an oil or gas well may so notify the Department and request that an investigation be conducted. The notice and request shall include the following:

   (1)  The name, address and telephone number of the person requesting the investigation.

   (2)  The type, location and use of the water supply.

   (3)  Available background quality and quantity data regarding the water supply, if known.

   (4)  Well depth, pump setting and water level, if known.

   (5)  A description of the pollution or diminution.

 (c)  Within 10 days of the receipt of the investigation request, the Department will investigate the claim and will, within 45 days of receipt of the request, make a determination. If the Department finds that pollution or diminution was caused by the drilling, alteration or operation activities or if it presumes the well operator responsible for polluting the water supply of the landowner or water purveyor under section 208(c) of the act (58 P. S. §  601.208(c)), the Department will issue orders to the well operator necessary to assure compliance with this section.

 (d)  The operator shall affirmatively demonstrate to the Department’s satisfaction that the quality of the restored or replaced water supply to be used for human consumption is at least equal to the quality of the water supply before it was affected by the operator. If the quality of the water supply before it was affected by the operator cannot be affirmatively established, the operator shall demonstrate that the concentrations of substances in the restored or replaced water supply do not exceed the primary and secondary maximum contaminant levels established under §  109.202 (relating to State MCLs, MRDLs and treatment technique requirements).

 (e)  If the water supply is for uses other than human consumption, the operator shall demonstrate to the Department’s satisfaction that the restored or replaced water supply is adequate for the purposes served by the supply.

 (f)  The oil or gas well operator’s duty to replace or restore a water supply includes providing plumbing, conveyance, pumping or auxiliary equipment and facilities necessary for the surface landowner or water purveyor to utilize the water supply.

 (g)  Tank trucks or bottled water are acceptable only as temporary water replacement for a period approved by the Department and do not relieve the operator of the obligation to provide a restored or replaced water supply.

 (h)  If the well operator and the landowner, water purveyor or affected person are unable to reach agreement on the means for restoring or replacing the water supply, the Department or either party may request a conference under section 501 of the act (58 P. S. §  601.501).

 (a)  A well operator who wishes to preserve its defense under section 208(d)(1) of the act (58 P. S. §  601.208(d)(1))that the pollution of a water supply existed prior to the drilling or alteration of the well shall cause a predrilling or prealteration survey to be conducted in accordance with this section.

 (b)  A person who wishes to document the quality of a water supply to support a future claim that the drilling or alteration of the well affected the water supply by pollution may conduct a predrilling or prealteration survey in accordance with this section.

 (c)  The survey shall be conducted by an independent certified laboratory. A person independent of the well owner or well operator, other than an employee of the certified laboratory, may collect the sample and document the condition of the water supply, if the certified laboratory affirms that the sampling and documentation is performed in accordance with the laboratory’s approved sample collection, preservation and handling procedure and chain of custody.

 (d)  An operator electing to preserve its defenses under section 208(d)(1) of the act shall provide a copy of the results of the survey to the Department and the landowner or water purveyor within 10-calendar days of being notified by the Department to submit a copy of the results.

 (e)  The report describing the results of the survey must contain the following information:

   (1)  The location of the water supply and the name of the surface landowner or water purveyor.

   (2)  The date of the survey, and the name of the certified laboratory and the person who conducted the survey.

   (3)  A description of where and how the sample was collected.

   (4)  A description of the type and age, if known, of the water supply, and treatment, if any.

   (5)  The name of the well operator, name and number of well to be drilled and permit number if known.

   (6)  The results of the laboratory analysis.

 (f)  A well operator who wishes to preserve the defense under section 208(d)(2) of the act that the landowner or water purveyor refused the operator access to conduct a survey shall confirm the desire to conduct this survey and that access was refused by issuing notice to the person by certified mail, or otherwise document that access was refused. The notice must include the following:

   (1)  The operator’s intention to drill or alter a well.

   (2)  The desire to conduct a predrilling or prealteration survey.

   (3)  The name of the person who requested and was refused access to conduct the survey and the date of the request and refusal.

   (4)  The name and address of the well operator and the address of the Department, to which the water purveyor or landowner may respond.

   The provisions of this §  78.52 adopted July 28, 1989, effective July 29, 1989, 19 Pa.B. 3229; amended March 6, 1998, effective March 7, 1998, 28 Pa.B. 1234; amended January 27, 2006, effective January 28, 2006, 36 Pa.B. 465. Immediately preceding text appears at serial pages (276305) to (276306).

 During and after earthmoving or soil disturbing activities, including the activities related to siting, drilling, completing, producing, servicing and plugging the well, constructing, utilizing and restoring the access road and restoring the site, the operator shall design, implement and maintain best management practices in accordance with Chapter 102 (relating to erosion and sediment control) and an erosion and sediment control plan prepared under that chapter. Best management practices for oil and gas well operations are listed in the Oil And Gas Operators Manual, Commonwealth of Pennsylvania, Department of Environmental Protection, Guidance No. 550-0300-001 (April 1997), as amended and updated.

   The provisions of this §  78.53 adopted July 28, 1989, effective July 29, 1989, 19 Pa.B. 3229; amended March 30, 2001, effective March 31, 2001, 31 Pa.B. 1736. Immediately preceding text appears at serial page (266200).

 The well operator shall control and dispose of fluids, residual waste and drill cuttings, including tophole water, brines, drilling fluids, drilling muds, stimulation fluids, well servicing fluids, oil, production fluids and drill cuttings in a manner that prevents pollution of the waters of this Commonwealth and in accordance with § §  78.55—78.58 and 78.60—78.63 and with the statutes under which this chapter is promulgated.

   The provisions of this §  78.54 adopted July 28, 1989, effective July 29, 1989, 19 Pa.B. 3229.

 (a)  Prior to generation of waste, the well operator shall prepare and implement a plan under §  91.34 (relating to activities utilizing pollutants) for the control and disposal of fluids, residual waste and drill cuttings, including tophole water, brines, drilling fluids, additives, drilling muds, stimulation fluids, well servicing fluids, oil, production fluids and drill cuttings from the drilling, alteration, production, plugging or other activity associated with oil and gas wells.

 (b)  The plan shall identify the control and disposal methods and practices utilized by the well operator and be consistent with the act, The Clean Streams Law (35 P. S. § §  691.1—691.1001), the Solid Waste Management Act (35 P. S. § §  6018.101—6018.1003) and § §  78.54, 78.56—78.58 and 78.60—78.63.

 (c)  The operator shall revise the plan prior to implementing a change to the practices identified in the plan.

 (d)  A copy of the plan shall be provided to the Department upon request.

   The provisions of this §  78.55 adopted July 28, 1989, effective July 29, 1989, 19 Pa.B. 3229.

 (a)  Except as provided in § §  78.60(b) and 78.61(b) (relating to discharge requirements; and disposal of drill cuttings), the operator shall contain pollutional substances and wastes from the drilling, altering, completing, recompleting, servicing and plugging the well, including brines, drill cuttings, drilling muds, oils, stimulation fluids, well treatment and servicing fluids, plugging and drilling fluids other than gases in a pit, tank or series of pits and tanks. The operator shall install or construct and maintain the pit, tank or series of pits and tanks in accordance with the following requirements:

   (1)  The pit, tank or series of pits and tanks shall be constructed and maintained with sufficient capacity to contain all pollutional substances and wastes which are used or produced during drilling, altering, completing and plugging the well.

   (2)  A pit shall be designed, constructed and maintained so that at least 2 feet of freeboard remain at all times. If open tanks are used, the tanks shall be maintained so that at least 2 feet of freeboard remain at all times unless the tank is provided with an overflow system to a standby tank or pit with sufficient volume to contain all excess fluid or waste. If an open standby tank is used, it shall be maintained with 2 feet of freeboard. If this subsection is violated, the operator immediately shall take the necessary measures to ensure the structural stability of the pit or tank, prevent spills and restore the 2 feet of freeboard.

   (3)  Pits and tanks shall be designed, constructed and maintained to be structurally sound and reasonably protected from unauthorized acts of third parties.

   (4)  A pit or tank that contains drill cuttings from below the casing seat, pollutional substances, wastes or fluids other than tophole water, fresh water and uncontaminated drill cuttings shall be impermeable and comply with the following:

     (i)   The pits shall be constructed with a synthetic flexible liner with a coefficient of permeability of no greater than 1 x 10^-7 cm/sec and with sufficient strength and thickness to maintain the integrity of the liner. The liner shall be designed, constructed and maintained so that the physical and chemical characteristics of the liner are not adversely affected by the waste and the liner is resistant to physical, chemical and other failure during transportation, handling, installation and use. Adjoining sections of liners shall be sealed together to prevent leakage in accordance with the manufacturer’s directions. If the operator seeks to use a liner material other than a synthetic flexible liner, the operator shall submit a plan identifying the type and thickness of the material and the installation procedures to be used, and shall obtain approval of the plan by the Department before proceeding.

     (ii)   The pit shall be constructed so that the liner subbase is smooth, uniform and free from debris, rock and other material that may puncture, tear, cut or otherwise cause the liner to fail. The liner subbase and subgrade shall be capable of bearing the weight of the material above the liner without settling that may affect the integrity of the liner. If the pit bottom or sides consist of rock, shale or other materials that may cause the liner to fail, a subbase of at least 6 inches of soil, sand or smooth gravel, or sufficient amount of an equivalent material, shall be installed over the area as the subbase for the liner.

     (iii)   The bottom of the pit shall be at least 20 inches above the seasonal high groundwater table, unless the operator obtains approval under subsection (b) for a pit that exists only during dry times of the year and is located above groundwater.

     (iv)   If a liner becomes torn or otherwise loses its integrity, the pit shall be managed to prevent the pit contents from leaking from the pit. If repair of the liner or construction of another temporary pit is not practical or possible, the pit contents shall be removed and disposed at an approved waste disposal facility or disposed on the well site in accordance with §  78.61, §  78.62 or §  78.63 (relating to disposal of residual waste—pits; and disposal of residual waste—land application).

     (v)   If the liner drops below the 2 feet of freeboard, the pit shall be managed to prevent the pit contents from leaking from the pit and the 2 feet of lined freeboard shall be restored.

 (b)  The operator may request to use practices other than those specified in subsection (a) which provide equivalent or superior protection by submitting a request to the Department for approval. The request shall be made on forms provided by the Department.

 (c)  Disposal of uncontaminated drill cuttings in a pit or by land application shall comply with §  78.61. A pit used for the disposal of residual waste, including contaminated drill cuttings, shall comply with §  78.62. Disposal of residual waste, including contaminated drill cuttings, by land application shall comply with §  78.63.

 (d)  Unless a permit under The Clean Streams Law (35 P. S. § §  691.1—691.1001) or approval under §  78.57 or §  78.58 (relating to control, storage and disposal of production fluids; and existing pits used for the control, storage and disposal of production fluids) has been obtained for the pit, the owner or operator shall remove or fill the pit within 9 months after completion of drilling, or in accordance with the extension granted by the Department under section 206(g) of the act (58 P. S. §  601.206(g)). Pits used during servicing, plugging and recompleting the well shall be removed or filled within 90 days of construction.

   The provisions of this §  78.56 adopted July 28, 1989, effective July 29, 1989, 19 Pa.B. 3229; amended December 16, 1994, effective December 17, 1994, 24 Pa.B. 6284; amended March 30, 2001, effective March 31, 2001, 31 Pa.B. 1736. Immediately preceding text appears at serial pages (263009) to (263010) and (241901).

 (a)  Unless a permit has been obtained under §  78.60(a) (relating to discharge requirements), the operator shall collect the brine and other fluids produced during operation, service and plugging of the well in a tank, pit or a series of pits or tanks, or other device approved by the Department for subsequent disposal or reuse. Except as allowed in this subchapter or otherwise approved by the Department, the operator may not discharge the brine and other fluids on or into the ground or into the waters of this Commonwealth.

 (b)  Except as provided in §  78.56 (relating to pits and tanks for temporary containment), the operator may not use a pit for the control, handling or storage of brine and other fluids produced during operation, service or plugging of a well unless the pit is authorized by a permit under The Clean Streams Law (35 P. S. § §  691.1—691.1001) or approval to operate the pit as an impoundment under The Clean Streams Law is obtained from the Department under subsection (c).

 (c)  The operator may apply for approval from the Department to operate a pit as an impoundment under The Clean Streams Law, as indicated by the Department’s issuance of a pit approval number in accordance with this section. No pit will be eligible for approval under this subsection unless the capacity of any one pit or of any two or more interconnected pits is less than 250,000 gallons, or the total capacity contained in pits on one tract or related tracts of land is less than 500,000 gallons. Compliance with this subsection does not relieve the operator from the obligation to comply with section 308 of The Clean Streams Law (35 P. S. §  691.308) and the requirements for obtaining a permit for the erection, construction and operation of treatment works promulgated under that section.

   (1)  A request for approval under this subsection shall be made on forms furnished by the Department and, at a minimum, shall include the following:

     (i)   A description of the operator’s plan that demonstrates compliance with this subsection for the construction or reconstruction of the pit.

     (ii)   A description of the operator’s program for operation and maintenance of the pit.

     (iii)   A description of the method for subsequent disposal or reuse of the brine or other fluids produced during operation of the well.

     (iv)   A description of the operator’s program for the closure of the pit and restoration of the site.

   (2)  The operator shall design, construct, operate and maintain the pit in accordance with the approval and the following:

     (i)   The pit approval number is posted at the pit in a legible and visible manner.

     (ii)   The pit is not located within 100 feet of a stream, wetland or body of water unless a waiver is granted by the Department.

     (iii)   The bottom of the pit is a minimum of 20 inches above the seasonal high groundwater table.

     (iv)   At least 2 feet of freeboard remain at all times.

     (v)   The pit is structurally sound and the inside slopes of the pit are not steeper than a ratio of 2 horizontal to 1 vertical.

     (vi)   The pit is impermeable and is lined with a synthetic flexible liner or alternate material that has a coefficient of permeability of no greater than 1 x 10^-7 cm/sec. The liner shall be of sufficient strength and thickness to maintain the integrity of the liner. The thickness of a synthetic liner shall be at least 30 mils. Adjoining sections of liners shall be sealed together in accordance with the manufacturer’s directions to prevent leakage.

     (vii)   The physical and chemical characteristics of the liner shall be compatible with the waste and the liner is resistant to physical, chemical and other failure during transportation, handling, installation and use. Liner compatibility shall satisfy EPA Method 9090, Compatibility Test for Wastes and Membrane Liners, or other documented data approved by the Department.

     (viii)   The pit shall be constructed so that the liner subbase is smooth, uniform and free of debris, rock and other material that may puncture, tear, cut, rip or otherwise cause the liner to fail. The liner subbase and subgrade shall be capable of bearing the weight of the material above the liner without settling in an amount that will affect the integrity of the liner. If the pit bottom or sides consist of rock, shale or other material that may cause the liner to leak, a subbase of at least 6 inches of soil, sand or smooth gravel, or a sufficient amount of an equivalent material shall be installed over the area as the subbase for the liner.

     (ix)   Prior to placing brine or other fluids in the pit, the operator shall inspect the liner and correct all damage or imperfections that may cause the liner to leak.

     (x)   Surface water which may drain into the pit shall be diverted away from the pit.

     (xi)   The pit is reasonably protected from unauthorized acts of third parties.

   (3)  Upon abandonment of the well or revocation of the approval by the Department, the operator shall restore the pit in accordance with the following:

     (i)   The free liquid fraction of the pit contents shall be removed and disposed under §  78.60(a) and the remaining pit contents and liner shall be removed and disposed under § §  78.62 and 78.63 (relating to disposal of residual waste—pits; and disposal of residual waste—land application), or the Solid Waste Management Act.

     (ii)   The pit shall be backfilled to the ground surface and graded to promote runoff with no depression that would accumulate or pond water on the surface. The stability of the backfilled pit shall be compatible with the adjacent land.

     (iii)   The surface of the backfilled pit area shall be revegetated to stabilize the soil surface and comply with §  78.53 (relating to erosion and sedimentation control). The revegetation shall establish a diverse, effective, permanent, vegetative cover which is capable of self-regeneration and plant succession. Where vegetation would interfere with the intended use of the surface by the landowner, the surface shall be stabilized against accelerated erosion.

   The provisions of this §  78.57 adopted July 28, 1989, effective July 29, 1989, 19 Pa.B. 3229.

 For pits in existence on July 29, 1989, the operator may request approval for an alternate method of satisfying the requirements of §  78.57(c)(2)(iii) (relating to control, storage and disposal of production fluids), the angle of slope requirements of §  78.57(c)(2)(v) and the liner requirement of §  78.57(c)(2)(vi)—(viii) by affirmatively demonstrating to the Department’s satisfaction, by the use of monitoring wells or other methods approved by the Department, that the pit is impermeable and that the method will provide protection equivalent or superior to that provided by §  78.57. The operator shall request approval under §  78.57(c)(1).

   The provisions of this §  78.58 adopted July 28, 1989, effective July 29, 1989, 19 Pa.B. 3229.

 (a)  The owner and operator may not cause or allow a discharge of a substance to the waters of this Commonwealth unless the discharge complies with this subchapter and Chapters 91—93, 95 and 102, The Clean Streams Law (35 P. S. § §  691.1—691.1001) and the act.

 (b)  The owner and operator may not discharge tophole water or water in a pit as a result of precipitation by land application unless the discharge is in accordance with the following requirements:

   (1)  No additives, drilling muds, pollutional materials or drilling fluids other than gases or fresh water have been added to or are contained in the water, unless otherwise approved by the Department.

   (2)  The pH is not less than 6 nor greater than 9 standard units, or is characteristic of the natural background quality of the groundwater.

   (3)  The specific conductance of the discharge is less than 1,000 µmHos/cm.

   (4)  There is no sheen from oil and grease.

   (5)  The discharge water shall be spread over an undisturbed, vegetated area capable of absorbing the tophole water and filtering solids in the discharge, and spread in a manner that prevents a direct discharge to surface waters and complies with §  78.53 (relating to erosion and sedimentation control).

   (6)  Upon completion, the area complies with §  78.53.

   (7)  The area of land application is not within 200 feet of a water supply or within 100 feet of a stream, body of water or a wetland unless approved as part of a waiver granted by the Department under section 205(b) of the act (58 P. S. §  601.205(b)).

   (8)  If the water does not meet the requirements of paragraph (2) or (4), the Department may approve treatment prior to discharge to the land surface.

   The provisions of this §  78.60 adopted July 28, 1989, effective July 29, 1989, 19 Pa.B. 3229; amended December 16, 1994, effective December 17, 1994, 24 Pa.B. 6284; amended March 6, 1998, effective March 7, 1998, 28 Pa.B. 1234; reserved March 30, 2001, effective March 31, 2001, 31 Pa.B. 1736. Immediately preceding text appears at serial pages (271914) to (241905).

 (a)  Drill cuttings from above the casing seat—pits. The owner or operator may dispose of drill cuttings from above the casing seat determined in accordance with §  78.83(b) (relating to surface and coal protective casing and cementing procedures) in a pit at the well site if the owner or operator satisfies the following requirements:

   (1)  The drill cuttings are generated from the well at the well site.

   (2)  The drill cuttings are not contaminated with pollutional material, including brines, drilling muds, stimulation fluids, well servicing fluids, oil, production fluids or drilling fluids other than tophole water, fresh water or gases.

   (3)  The disposal area is not within 100 feet of a stream, body of water or wetland unless approved as part of a waiver granted by the Department under section 205(b) of the act (58 P. S. §  601.205(b)).

   (4)  The disposal area is not within 200 feet of a water supply.

   (5)  The pit is designed, constructed and maintained to be structurally sound.

   (6)  The free liquid fraction of the waste shall be removed and disposed under §  78.60 (relating to discharge requirements).

   (7)  The pit shall be backfilled to the ground surface and graded to promote runoff with no depression that would accumulate or pond water on the surface. The stability of the backfilled pit shall be compatible with the adjacent land.

   (8)  The surface of the backfilled pit area shall be revegetated to stabilize the soil surface and comply with §  78.53 (relating to erosion and sedimentation control). The revegetation shall establish a diverse, effective, permanent, vegetative cover which is capable of self-regeneration and plant succession. Where vegetation would interfere with the intended use of the surface of the landowner, the surface shall be stabilized against erosion.

 (b)  Drill cuttings from above the casing seat—land application. The owner or operator may dispose of drill cuttings from above the casing seat determined in accordance with §  78.83(b) by land application at the well site if the owner or operator satisfies the following requirements:

   (1)  The drill cuttings are generated from the well at the well site.

   (2)  The drill cuttings are not contaminated with pollutional material, including brines, drilling muds, stimulation fluids, well servicing fluids, oil, production fluids or drilling fluids other than tophole water, fresh water or gases.

   (3)  The disposal area is not within 100 feet of a stream, body of water or wetland unless approved as part of a waiver granted by the Department under section 205(b) of the act (58 P. S. §  601.205(b)).

   (4)  The disposal area is not within 200 feet of a water supply.

   (5)  The soils have a minimum depth from surface to bedrock of 20 inches.

   (6)  The drill cuttings are not spread when saturated, snow covered or frozen ground interferes with incorporation of the drill cuttings into the soil.

   (7)  The drill cuttings are not applied in quantities which will result in runoff or in surface water or groundwater pollution.

   (8)  The free liquid fraction is disposed in accordance with §  78.60.

   (9)  The drill cuttings are spread and incorporated into the soil.

   (10)  The land application area shall be revegetated to stabilize the soil surface and comply with §  78.53. The revegetation shall establish a diverse, effective permanent vegetative cover which is capable of self-regeneration and plant succession. Where vegetation would interfere with the intended use of the surface by the landowner, the surface shall be stabilized against erosion.

 (c)  Drill cuttings from below the casing seat. After removal of the free liquid fraction and disposal in accordance with §  78.60, drill cuttings from below the casing seat determined in accordance with §  78.83(b) may be disposed of as follows:

   (1)  In a pit that meets the requirements of §  78.62(a)(5)—(18) and (b) (relating to disposal of residual waste—pits).

   (2)  By land application in accordance with §  78.63(a)(5)—(20) and (b) (relating to disposal of residual waste—land application).

 (d)  The owner or operator may request to use solidifiers, dusting, unlined pits, attenuation or other alternative practices for the disposal of uncontaminated drill cuttings by submitting a request to the Department for approval. The request shall be made on forms provided by the Department and shall demonstrate that the practice provides equivalent or superior protection to the requirements of this section.

 (e)  A pit used for the disposal of residual waste, including contaminated drill cuttings, shall comply with §  78.62. Land application of residual waste, including contaminated drill cuttings, shall comply with §  78.63.

   The provisions of this §  78.61 adopted July 28, 1989, effective July 29, 1989, 19 Pa.B. 3229; amended December 16, 1994, effective December 17, 1994, 24 Pa.B. 6284; amended March 30, 2001, effective March 31, 2001, 31 Pa.B. 1736. Immediately preceding text appears at serial pages (241905) to (241907).

 (a)  After the removal and disposal of the free liquid fraction of the waste under §  78.60(a) (relating to discharge requirements), the owner or operator may dispose of residual waste, including contaminated drill cuttings, in a pit at the well site if the owner or operator satisfies the following requirements:

   (1)  The waste is generated by the drilling or production of an oil or gas well that is located on the well site where the waste is disposed.

   (2)  The well is permitted under section 201 of the act (58 P. S. §  601.201) or registered under section 203 of the act (58 P. S. §  601.203).

   (3)  The requirements of section 215 of the act (58 P. S. §  601.215) are satisfied by filing a surety or collateral bond for wells drilled on or after April 18, 1985.

   (4)  Compliance is maintained with the act and this title.

   (5)  The disposal area is not within 200 feet measured horizontally from an existing building, unless the current owner thereof has provided a written waiver consenting to the disposal closer than 200 feet. The waiver shall be knowingly made and separate from a lease or deed unless the lease or deed contains an explicit waiver from the current owner.

   (6)  The disposal area is not within 100 feet of a stream, body of water or wetland.

   (7)  The disposal area is not within 200 feet of a water supply.

   (8)  The bottom of the pit is a minimum of 20 inches above the seasonal high groundwater table.

   (9)  The pit is designed, constructed and maintained to be structurally sound and impermeable.

   (10)  The pit is lined with a synthetic flexible liner that is compatible with the waste and has a coefficient of permeability of no greater than 1 x 10^-7 cm/sec. The liner shall be of sufficient strength and thickness to maintain the integrity of the liner. The liner thickness shall be at least 30 mils. Adjoining sections of liners shall be sealed together in accordance with the manufacturer’s directions to prevent leakage. The operator may use an alternate liner or natural materials, if the material and the installation procedure to be used are approved by the Department. Notice of the approved liners and installation procedures will be published by the Department in the Pennsylvania Bulletin.

   (11)  The liner shall be designed, constructed and maintained so that the physical and chemical characteristics of the liner are not adversely affected by the waste and the liner is resistant to physical, chemical and other failure during transportation, handling, installation and use. Liner compatibility shall satisfy EPA Method 9090, Compatibility Test for Wastes and Membrane Liners, or other documented data approved by the Department.

   (12)  The pit shall be constructed so that the liner subbase is smooth, uniform and free of debris, rock and other material that may puncture, tear, cut, rip or otherwise cause the liner to fail. The liner subbase and subgrade shall be capable of bearing the weight of the material above the liner without settling. If the pit bottom or sides consist of rock, shale or other material that may cause the liner to fail and leak, a subbase of at least 6 inches of soil, sand or smooth gravel, or sufficient amount of an equivalent material shall be installed over the area as the subbase for the liner.

   (13)  Prior to placing material in the pit, the liner shall be inspected for lack of uniformity, damage and other imperfections that may cause the liner to leak. The owner or operator shall correct damages or imperfections before placing waste in the pit, and shall maintain the pit until closure of the pit.

   (14)  Prior to encapsulating the waste within the liner, the free liquid fraction of the waste shall be removed and disposed under §  78.60(a).

   (15)  The liner shall be folded over, or an additional liner shall be added, to completely cover the waste and the waste is shaped so that water does not infiltrate the liner and is not confined above the liner.

   (16)  Puncturing or perforating the liner is prohibited.

   (17)  The pit shall be backfilled to at least 18 inches over the top of the liner and graded to promote runoff with no depressions that would accumulate or pond water on the surface. The stability of the backfilled pit shall be compatible with the adjacent land.

   (18)  The surface area of the backfilled pit area shall be revegetated to stabilize the soil surface and comply with §  78.53 (relating to erosion and sedimentation control). The revegetation shall establish a diverse, effective permanent vegetative cover which is capable of self-regeneration and plant succession. Where vegetation would interfere with the intended use of the surface by the landowner, the surface shall be stabilized against erosion.

 (b)  A person may not dispose of residual waste, including contaminated drill cuttings, at the well site unless the waste meets the following requirements:

   (1)  The concentration of contaminants in the leachate from the waste does not exceed 50% of the maximum concentration in §  261.24 Table I (relating to characteristic of toxicity).

   (2)  The concentration of contaminants in the leachate from the waste does not exceed 50 times the primary maximum contaminant level in effect under §  109.202 (relating to State MCLs, MRDLs and treatment technique requirements).

   (3)  For other health related contaminants, the concentration of contaminants in the leachate from the waste does not exceed 50 times the safe drinking water level established by the Department.

   (4)  Leachate characteristics are determined in accordance with methods approved by the Department.

 (c)  The owner or operator may request to use solidifiers or other alternate practices for the disposal of residual waste, including contaminated drill cuttings, by submitting a request to the Department for approval. The request shall be made on forms provided by the Department and shall demonstrate that the practice provides equivalent or superior protection to the requirements of this section.

   The provisions of this §  78.62 adopted July 28, 1989, effective July 29, 1989, 19 Pa.B. 3229; amended December 16, 1994, effective December 17, 1994, 24 Pa.B. 6284; amended March 30, 2001, effective March 31, 2001, 31 Pa.B. 1736. Immediately preceding text appears at serial pages (241907) to (241909).

 (a)  The owner or operator may dispose of residual waste, including contaminated drill cuttings, at the well site by land application of the waste if the owner or operator satisfies the following requirements:

   (1)  The waste is generated by the drilling or production of an oil or gas well that is located on the well side.

   (2)  The well is permitted under section 201 of the act (58 P. S. §  601.201) or registered under section 203 of the act (58 P. S. §  601.215).

   (3)  The requirements of section 215 of the act (58 P. S. §  601.215) are satisfied by filing a surety or collateral bond for wells drilled on or after April 18, 1985.

   (4)  Compliance with the act and this title is maintained.

   (5)  The owner or operator shall notify the Department at least 3 working days before the land application activity is to occur.

   (6)  The waste application area is not within 200 feet measured horizontally from an existing building, unless the current owner thereof has provided a written waiver consenting to the application closer than 200 feet. The waiver shall be knowingly made and separate from a lease or deed, unless the lease or deed contains an explicit waiver from the current owner.

   (7)  The waste application area is not within 100 feet of a stream, body of water or wetland.

   (8)  The waste application area is not within 200 feet of a water supply and is not within 1,000 feet upgradient from an uncased well or spring being used as a water supply.

   (9)  At a minimum, the seasonal high groundwater table is 20 inches from the surface.

   (10)  The soils located within and immediately adjacent to the application area shall fall within the United States Department of Agriculture textural classes of sandy loam, loam, sandy clay loam, silty clay loam or silt loam.

   (11)  The soils have a minimum depth from surface to bedrock of 20 inches.

   (12)  Ground slopes to be utilized for waste applications do not exceed 25%.

   (13)  The waste is not spread when the ground is saturated, or when snow or frozen ground would interfere with incorporation of the waste into the soil.

   (14)  Prior to land application of the waste, the free liquid fraction of the waste is removed and disposed under §  78.60(a) (relating to discharge requirements).

   (15)  The waste is not applied in quantities which will result in surface or groundwater pollution.

   (16)  The waste is not applied in quantities that will adversely affect the intended use of the vegetation.

   (17)  The waste is spread and incorporated into the top layer of the soil to a depth of at least 6 inches.

   (18)  The loading and application rate of waste is consistent with the Departmental guidelines for the proposed operation and may not exceed a maximum waste to soil ratio of 1:1.

   (19)  To determine compliance with this section, the Department may require the owner or operator to conduct soil surveys, monitoring or chemical analysis.

   (20)  The land application area shall be revegetated to stabilize the soil surface and comply with §  78.53 (relating to erosion and sedimentation control). The revegetation shall establish a diverse, effective permanent vegetative cover which is capable of self-regeneration and plant succession. Where vegetation would interfere with the intended use of the surface by the landowner, the surface shall be stabilized against erosion.

   (21)  If a chemical analysis fails to show compliance with paragraph (18), the owner or operator shall remediate the land application area until compliance is demonstrated.

 (b)  A person may not dispose of residual waste, including contaminated drill cuttings, at the well site unless the concentration of contaminants in the leachate from the waste does not exceed the maximum concentration stated in §  261.24 Table I (relating to characteristic of toxicity).

 (c)  The owner or operator may request to dispose of residual waste, including contaminated drill cuttings, in an alternate manner from that required in subsection (a) by submitting a request to the Department for approval. The request shall be made on forms provided by the Department and shall demonstrate that the practice provides equivalent or superior protection to the requirements of this section.

   The provisions of this §  78.63 adopted July 28, 1989, effective July 29, 1989, 19 Pa.B. 3229; amended December 16, 1994, effective December 17, 1994, 24 Pa.B. 6284; amended March 30, 2001, effective March 31, 2001, 31 Pa.B. 1736. Immediately preceding text appears at serial pages (241909) to (241911).

 (a)  If an owner or operator uses a tank with a capacity of at least 660 gallons or tanks with a combined capacity of at least 1,320 gallons to contain oil produced from a well, the owner or operator shall construct and maintain a dike or other method of secondary containment which satisfies the requirements under 40 CFR 112 (relating to oil pollution prevention) around the tank or tanks which will prevent the tank contents from entering waters of this Commonwealth.

 (b)  The containment area provided by the dikes or other method of secondary containment shall have containment capacity sufficient to hold the volume of the largest single tank, plus a reasonable allowance for precipitation based on local weather conditions and facility operation.

 (c)  Prior to drainage of accumulated precipitation from containment structures, the containment area shall be inspected and accumulations of oil picked up and returned to the tank or disposed of in accordance with approved methods.

 (d)  After complying with subsection (c), drainage of containment facilities is acceptable if:

   (1)  The accumulation in the containment facility consists of only precipitation directly to the containment facility and drainage will not cause a harmful discharge or result in a sheen.

   (2)  The containment drain valve is opened and resealed, or other drainage procedure, as applicable, is conducted under responsible supervision.

 In addition to complying with section 206 of the act (58 P. S. §  601.206), an owner or operator shall meet the following requirements:

   (1)  A drill hole or bore hole used to facilitate the drilling of a well shall be filled with cement, soil, drill cuttings or other earthen material before moving the drilling equipment from the well site.

   (2)  If a well site is constructed and the well is not drilled, the well site shall be restored within 30 days after the expiration of the well permit unless the Department approves an extension for reasons of adverse weather or lack of essential fuel, equipment or labor.

   (3)  Within 60 days after the restoration of the well site, the operator shall submit a well site restoration report to the Department. The report shall be made on forms provided by the Department and shall identify the following:

     (i)   The date of land application of the tophole water, the results of pH and specific conductance tests and an estimated volume of discharge.

     (ii)   A description of the method used for disposal or reuse of the free liquid fraction of the waste, and the name of the hauler and disposal facility, if any.

     (iii)   The location of the pit in relation to the well, the depth of the pit, the type and thickness of the material used for the pit subbase, the type and thickness of the pit liner, the type and nature of the waste, a description of the pit closure procedures used and the pit dimensions.

     (iv)   The location of the area used for land application of the waste, and the results of a chemical analysis of the waste soil mixture if requested by the Department.

     (v)   The types and volumes of waste produced and the name and address of the waste disposal facility and waste hauler used to dispose of the waste.

 (a)  A release of a substance causing or threatening pollution of the waters of this Commonwealth, shall comply with the reporting and corrective action requirements of §  91.33 (relating to incidents causing or threatening pollution).

 (b)  If a reportable release of brine on or into the ground occurs at the well site, the owner or operator shall notify the appropriate regional office of the Department as soon as practicable, but no later than 2 hours after detecting or discovering the release.

 (c)  The notice required by subsection (b) shall be by telephone and describe:

   (1)  The name, address and telephone number of the company and person reporting the incident.

   (2)  The date and time of the incident or when it was detected.

   (3)  The location and cause of the incident.

   (4)  The quantity of the brine released.

   (5)  Available information concerning the contamination of surface water, groundwater or soil.

   (6)  Remedial actions planned, initiated or completed.

 (d)  If, because of an accident, an amount of brine less than the reportable amount as described in §  78.1 (relating to definitions), spills, leaks or escapes, that incident does not have to be reported.

 (e)  Upon the occurrence of any release, the owner or operator shall take necessary corrective actions to:

   (1)  Prevent the substance from reaching the waters of this Commonwealth.

   (2)  Recover or remove the substance which was released.

   (3)  Dispose of the substance in accordance with this subchapter or as approved by the Department.

   The provisions of this §  78.66 adopted March 30, 2001, effective March 31, 2001, 31 Pa.B. 1736.

Subchapter D. WELL DRILLING, OPERATION AND
PLUGGING

GENERAL

Sec.

§ 78.71. Use of safety devices—well casing.

 (a)  The operator shall equip the well with one or more strings of casing of sufficient length and strength to prevent blowouts, explosions, fires and casing failures during installation, completion and operation.

 (b)  The operator shall determine the amount and type of casing to be run and the amount and type of cement to be used in accordance with current prudent industry practices and engineering. In making the determinations, the operator shall consider the following:

   (1)  Successful local practices for similar wells.

   (2)  Maximum anticipated surface pressure.

   (3)  Collapse resistance.

   (4)  Tensile strength.

   (5)  Chemical environment.

   (6)  Potential mechanical damage.

   (7)  Manufacturing standards, including American Petroleum Institute or equivalent specifications for pipe used in wells drilled below the Onondaga formation or where blow-out preventers are required.

 (a)  The operator shall use blow-out prevention equipment when well head pressures or natural open flows are anticipated at the well site that may result in a blow-out or when the operator is drilling in an area where there is no prior knowledge of the pressures or natural open flows to be encountered.

 (b)  Blow-out prevention equipment used shall be in good working condition at all times.

 (c)  The operator shall use pipe fittings, valves and unions placed on or connected to the blow-out prevention systems that have a working pressure capability that exceeds the anticipated pressures.

 (d)  The operator shall conduct a complete test of the ram type blow-out preventer and related equipment for both pressure and ram operation before placing it in service on the well. The operator shall test the annular type blow-out preventer in accordance with the manufacturer’s published instructions, or the instructions of a professional engineer, prior to the device being placed in service.

 (e)  When the equipment is in service, the operator shall visually inspect blow-out prevention equipment during each tour of drilling operation and during actual drilling operations test the pipe rams for closure daily and the blind rams for closure on each round trip. When more than one round trip is made in a day, one daily closure test for blind rams is sufficient. Testing shall be conducted in accordance with American Petroleum Institute publication API RP53, ‘‘API Recommended Practice for Blowout Prevention Equipment Systems for Drilling Wells.’’ The operator shall record the results of the inspection and closure test in the drillers log before the end of the tour.

 (f)  During drilling when conditions are such that the use of a blowout preventer can be anticipated, there shall be present on the rig floor a certified individual responsible to the operator. Satisfactory completion of a United States Geologic Survey (U.S.G.S.) approved well control course or equivalent study shall be deemed adequate certification for purposes of this subsection.

 (g)  The minimum amount of cemented casing to which blow-out prevention equipment may be attached, shall be in accordance with the following:

 (h)  Upon completion of the drilling operations at a well, the operator shall install and utilize equipment, such as a shut-off valve of sufficient rating to contain anticipated pressure, lubricator or similar device, as may be necessary to enable the well to be effectively shut-in while logging and servicing the well and after completion of the well.

 (a)  The operator shall prevent gas and other fluids from lower formations from entering fresh groundwater.

 (b)  After a well has been completed, recompleted, reconditioned or altered the operator shall prevent shut-in pressure or producing back pressure at the surface casing seat or coal protective casing seat from exceeding the hydrostatic pressure of the surrounding fresh groundwater system in accordance with the following formula. The maximum allowable shut-in pressure or producing back pressure to be exerted at the surface casing seat or coal protective casing seat may not exceed the hydrostatic pressure calculated as follows: Maximum pressure = (0.433 psi) multiplied by (casing length in feet).

 (c)  After a well has been completed, recompleted, reconditioned or altered, if the shut-in pressure or producing back pressure exceeds the hydrostatic pressure at the surface casing seat or coal protective casing seat as calculated in subsection (b), the operator shall take action to prevent the migration of gas and other fluids from lower formations into fresh groundwater. To meet this standard the operator may cement or install on a packer sufficient intermediate or production casing or take other actions approved by the Department. This section does not apply during testing for mechanical integrity in accordance with State or Federal requirements.

 The venting of gas to the atmosphere from a well is prohibited when the venting produces a hazard to the public health and safety.

 (a)  A well operator may request approval from the Department to use an alternative method or material for the casing, plugging or equipping of a well under section 211 of the act (58 P. S. §  601.211).

 (b)  A well operator seeking approval under this section shall file an application with the Department on forms furnished by the Department. The application shall:

   (1)  Describe the proposed alternative method or material, in reasonable detail.

   (2)  Indicate the manner in which the alternative will satisfy the goals of the act and this chapter.

   (3)  Include a drawing or schematic of the alternative method, if appropriate.

 (c)  The well operator shall notify all coal owners and operators and gas storage operators of record of the proposal, by certified mail. The well operator shall state in the application that he has sent the certified mail notice to the coal owners and operators and gas storage operators of record, either simultaneously with or prior to submitting the proposal to the Department.

 (d)  The coal owners and operators and gas storage operators of record shall have up to 15 days from their receipt of the notice to file objections or to indicate concurrence with the proposed alternative method or material.

 (e)  If no objections are filed within 15 days from receipt of the notice, and if none are raised by the Department, the Department will make a determination whether to allow the use of the proposed alternative method or material.

   The provisions of this §  78.75 adopted July 28, 1989, effective July 29, 1989, 19 Pa.B. 3229; amended March 30, 2001, effective March 31, 2001, 31 Pa.B. 1736. Immediately preceding text appears at serial pages (241916) to (241917).

 (a)  An operator proposing to drill a well within a gas storage reservoir area or a reservoir protective area to produce gas or oil shall forward by certified mail a copy of the well location plat, the drilling, casing and cementing plan and the anticipated date drilling will commence to the gas storage reservoir operator and shall submit proof of notification to the Department with the well permit application.

 (b)  The storage operator may file an objection with the Department to the drilling, casing and cementing plan or the proposed well location within 15 days of receipt of the notification and request a conference in accordance with section 501 of the act (58 P. S. §  601.501).

 (a)  An operator proposing to drill a well within a 1-mile radius of a well drilled to or through the same formation where hydrogen sulfide has been found while drilling shall install monitoring equipment during drilling at the well site to detect the presence of hydrogen sulfide in accordance with American Petroleum Institute publication RP49, ‘‘Recommended Practices for Safe Drilling of Wells Containing Hydrogen Sulfide.’’

 (b)  When hydrogen sulfide is detected in concentrations of 20 ppm or greater, the well shall be drilled in accordance with American Petroleum Institute publication API RP49, ‘‘Recommended Practices for Safe Drilling of Wells Containing Hydrogen Sulfide.’’

 (c)  An operator who operates a well in which hydrogen sulfide is discovered in concentrations of 20 ppm or greater shall operate the well in a way that presents no danger to human health or to the environment.

 (d)  When an operator discovers hydrogen sulfide in concentrations of 20 ppm or greater during the drilling of a well, the operator shall notify the Department and identify the location of the well and the concentration of hydrogen sulfide detected. The Department will maintain a list of all notices that will be available to operators for their reference.

 (a)  The Department will use recommendations for coal pillar size and configuration set forth in the coal pillar study, listed in the Department’s Coal Pillar Technical Guidance Number 550-2100-006 (October 31, 1998) and any updates or revisions, as a basis for approval or disapproval of coal pillar permit applications submitted by underground coal mine operators.

 (b)  Where proposed coal pillar size and configuration does not conform to the recommendations of the coal pillar study referenced in subsection (a), the underground coal mine operator may request Department approval for an alternate coal pillar size and configuration.

   The provisions of this §  78.78 adopted March 30, 2001, effective March 31, 2001, 31 Pa.B. 1736.

CASING AND CEMENTING

§ 78.81. General provisions.

 (a)  The operator shall conduct casing and cementing activities under this section and § §  78.82—78.87 or an approved alternate method under §  78.75 (relating to alternative methods). The operator shall case and cement a well to accomplish the following:

   (1)  Allow effective control of the well at all times.

   (2)  Prevent the migration of gas or other fluids into sources of fresh groundwater.

   (3)  Pr