Section 601.201 - Well permits(a) No person shall drill a well or alter any existing well, except for alterations which satisfy the requirements of subsection (j), without having first obtained a well permit pursuant to subsections (b), (c), (d) and (e). A copy of the permit shall be kept at the well site during drilling or alteration of the well. However, no person shall be required to obtain a permit to redrill a nonproducing well, if:(1) the redrilling has been evaluated and approved as part of an order from the department authorizing the cleaning out and plugging or replugging of a nonproducing well, pursuant to section 13(c) of the act of December 18, 1984 (P.L. 1069, No. 214), known as the Coal and Gas Resource Coordination Act; and(2) the redrilling is incidental to the plugging or replugging operation and the well subsequently is plugged within 15 days of redrilling.(b) The permit application shall be accompanied by a plat prepared by a competent engineer or a competent surveyor, on forms to be furnished by the department, showing the political subdivision and county in which the tract of land upon which the well to be drilled is located, the name of the surface landowner of record and lessor, the name of all surface landowners or water purveyors whose water supplies are within 1,000 feet of the proposed well location, the name of the owner of record or operator of all known underlying workable coal seams, if any, the acreage in the tract to be drilled, the proposed location of the well determined by survey, the courses and distances of such location from two or more permanent identifiable points or landmarks on said tract boundary corners, the proposed angle and direction of such well, if the well is to be deviated substantially from a vertical course, the number or other identification to be given the well, the workable coal seams, if any, underlying the tract of land upon which the well is to be drilled or altered, which are to be cased off in accordance with section 207, and such information needed by the department to administer this act. The applicant shall forward, by certified mail, a copy of said plat to the surface landowner, all surface landowners or water purveyors whose water supplies are within 1,000 feet of the proposed well location, the owner and lessee, if any, of such coal seams, and every coal operator required to be identified on the well permit application and shall submit proof of such notification with the well permit application. With respect to surface owners, notification shall be accomplished under this section by sending notice to the persons to whom the tax notices for said surface property are sent, as indicated in the assessment books in the county in which the property is located. With respect to surface landowners or water purveyors whose water supplies are within 1,000 feet of the proposed well location, notification shall be made on forms and in a manner prescribed by the department sufficient to identify, for such persons, the rights afforded them under section 208 and the advisability of taking their own predrilling or prealteration survey. If the applicant submits to the department written approval of the proposed well location by the surface landowner and the coal operator, lessee or owner, if any, of the coal underlying the proposed well location and no objections are raised by the department within 15 days of filing or if no such approval has been submitted and no objections are made to such proposed well location within 15 days from receipt of such notice by the surface landowner and the coal operator, lessee or owner, if any, or by the department, the same shall be filed and become a permanent record of such location, subject to inspection at any time by any interested person.(c) If the applicant for a well permit is a corporation, partnership or a person nonresident of the Commonwealth, then there shall be designated the name and address of an agent for such operator who shall be the attorney in fact for the operator and who shall be a resident of the Commonwealth upon whom notices, orders or other communications issued pursuant to this act or the regulations adopted hereunder may be served and upon whom process may be served. Every well operator required to designate an agent under this section shall, within five days after the termination of such designation, notify the department of such termination and designate a new agent.(d) Every application for a well permit shall be accompanied by a permit fee, established by regulation of the department, which bears a reasonable relationship to the cost of administering this act: Provided, however, That the permit fee shall be $100 for two years immediately following the effective date of this act.(e) The department shall issue a permit within 45 days of the submission of a permit application unless the department denies the permit application for one or more of the five reasons set forth below: Provided, however, That the department shall have the right to extend such period for 15 days for cause shown upon notification to the applicant of the reasons for that extension. The department may impose such permit terms and conditions as are necessary to assure compliance with this act and other laws administered by the department. The department shall have the authority to deny a permit to any person for the following reasons: (1) the well site for which a permit is requested is in violation of any of the provisions of this act, or if issuance of such permit would result in a violation of this act or any other applicable environmental statute, rule or regulation;(2) the permit application is incomplete;(3) unresolved objections to the well location by coal mine owner or operator remain;(4) the requirements of section 215 have not been met; or(5) the applicant, with respect to any other well or wells which the applicant operates, is in continuing violation of this act or any other applicable statute administered by the department. The right of the department to deny a permit under this paragraph shall not be effective until a final administrative determination has been made of any of these violations and no appeal is pending in which a stay has been granted.(f) Upon issuance of a permit, the well operator may proceed with the drilling of the well at the exact location shown on the plat after providing the department, the surface landowner and the local political subdivision in which the well is to be located 24 hours' notice of the date that drilling will commence. In noncoal areas where more than one well is to be drilled as part of the same development project, only the first well of the project need be located by survey. The remaining wells of the project shall be shown on the plat in a manner prescribed by regulation. Prior to drilling each of the additional project wells, the well operator shall notify the department of his intention and provide reasonable notice of the data drilling will commence. Whenever, before or during the drilling of any well which is not within the outside boundaries of an operating coal mine, the well operator shall encounter conditions of such a nature as to render drilling of the bore hole or portions thereof more hazardous than usual, or otherwise impossible, then the well operator shall have the right, upon verbal notice to the department, to immediately plug all or portions of the bore hole, if drilling has occurred, and to commence a new bore hole not more than 50 feet distant if the location of the new bore hole does not violate section 205 and if, for wells subject to the act of July 25, 1961 (P.L. 825, No. 359), known as the Oil and Gas Conservation Law, the new location complies with any existing law, regulation or spacing order and if the new bore hole is a minimum of 330 feet distant from the nearest lease boundary. Within ten days of commencement of the new bore hole, the well operator shall file with the department a written notice of intention to plug, a well record, a completion report, a plugging certificate for the original bore hole and an amended plat for the new bore hole. The well operator shall forward a copy of the amended plat to the surface landowner identified on the well permit application within ten days of commencement of the new well bore.(g) The well permit number and operator's name, address and telephone number shall be posted at the drilling site, in a conspicuous manner, prior to commencement of drilling.(h) The well operator shall install the permit number issued by the department in a legible, visible and permanent manner on the well upon completion.(i) Well permits issued for drilling of wells covered by this act shall expire one year after issuance unless operations for drilling the well are commenced within such period and pursued with due diligence or unless the permit is renewed in accordance with regulations of the department. If drilling is commenced during the one-year period, the well permit shall remain in force until the well is plugged in accordance with section 210 or the permit is revoked. Any drilling permit issued prior to the effective date of this act for a well which is an operating well on said date shall remain in force as a well permit until the well is plugged in accordance with section 210. Nothing in this subsection shall be construed to rescind the provisions pertaining to drilling permits contained in the Oil and Gas Conservation Law.(j) The Environmental Quality Board may establish by regulation certain categories of alterations of permitted or registered wells for which the permitting requirements of this section shall not apply. The well operator or owner who proposes to conduct such alteration activity shall first obtain a permit or registration modification from the department. Requirements for such modifications shall be as the Environmental Quality Board shall require by regulation.(k) No permit issued pursuant to this section or registration issued pursuant to section 203 may be transferred without prior approval of the department. Requests for approval of such transfer shall be made on forms or in a manner prescribed by the department. The department shall approve or deny the transfer request within 45 days of receipt of a complete and accurate application. The department shall only have the authority to deny such request for the reasons set forth in subsection (e)(4) or (5). Approval of the transfer request shall permanently transfer responsibility to plug the well under section 210 to the recipient of the transferred permit or registration.(l) The department may establish a procedure for accelerated approval of well permit applications in hardship cases, as defined by regulation of the Environmental Quality Board, consistent with the requirements of this act.1984, Dec. 19, P.L. 1140, No. 223, § 201, effective in 120 days. Amended 1986, Oct. 9, P.L. 1431, No. 135, § 1, effective in 30 days; 1992, July 2, P.L. 365, No. 78, § 2, effective in 30 days.