Subchapter A. GENERAL PROVISIONS

§ 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).