Section 601.210 - Plugging requirements(a) Upon abandoning any well, the owner or operator thereof shall plug the well in a manner prescribed by regulation of the department in order to stop any vertical flow of fluids or gas within the well bore unless the department has granted inactive status for such well pursuant to section 204 or the well has been approved by the department as an orphan well pursuant to section 203. Where the department determines that a prior owner or operator received economic benefit, other than economic benefit derived only as a landowner or from a royalty interest, subsequent to April 18, 1979, from an orphan well or from a well which has not been registered, such owner or operator shall be responsible for the plugging of the well. Where, in the case of gas wells penetrating workable coal seams which were drilled prior to the effective date of the act of November 30, 1955 (P.L. 756, No. 225), known as the Gas Operations Well-Drilling Petroleum and Coal Mining Act, or which were permitted after such date but not plugged in accordance with this act, the owner or operator of such a well or a coal operator or his agent proposes to plug such well for the purpose of allowing the mining through of it, the gas well shall be cleaned out to a depth of at least 200 feet below the coal seam in which the mining through is proposed and, unless impracticable, to a point 200 feet below the deepest minable coal seam. Such gas well shall be plugged from that depth in accordance with the provisions of section 13 of the act of December 18, 1984 (P.L. 1069, No. 214), known as the Coal and Gas Resource Coordination Act, and the regulations of the department.(b) Prior to the abandonment of any well in an area underlain by a workable coal seam, the well operator or owner shall notify the coal operator, lessee or owner and the department of his intention to plug and abandon any such well and submit a plat, on a form to be furnished by the department, showing the location of the well and fixing the date and time at which the work of plugging will be commenced, which time shall be not less than three working days after the time when such notice is received, nor more than 30 days thereafter in order that their representatives may be present at the plugging of the well. Such notice may be waived by the department and said coal operator, lessee or owner, and any of them may likewise waive their right to be present, but such waiver by coal operator, lessee or owner shall be in writing and a copy thereof attached to the notice of abandonment, filed with the department under this section. Whether or not such representatives appear, the well operator may, if he has fully complied with the requirements of this section, proceed at the time fixed, to plug the well in the manner as prescribed by regulation of the department. When such plugging has been completed, a certificate shall be prepared and signed, on a form to be furnished by the department, by two experienced and qualified people who participated in the work setting forth the time and manner in which the well has been plugged. One copy of this certificate shall be mailed to each coal operator, lessee or owner to whom notice was given by certified mail and another copy shall be mailed to the department.(c) Prior to the abandonment of any well, except an uncompleted bore hole plugged immediately upon suspension of drilling in an area not underlain by a workable coal seam, the well operator shall notify the department of his intention to plug and abandon any such well and submit a plat, on a form to be furnished by the department, showing the location of the well and fixing the date and time at which the work of plugging will be commenced, which time shall not be less than three working days nor more than 30 days after the time when such notice is received, in order that the department representative may be present at the plugging of the well. Such notice or waiting period may be verbally waived by the department. In noncoal areas where more than one well has been drilled as part of the same development project and these wells are now to be plugged, it is required that the department be given three working days' notice prior to plugging the first well of such project subject to waiver of notice described herein. In the plugging of subsequent wells, no additional notice shall be required if the plugging on the project is continuous. If the plugging of subsequent wells is delayed for any reason, notice shall be given to the department of the continuation of such project. Whether or not such department representative appears, the well operator may, if he has fully complied with the requirements of this section, proceed at the time fixed to plug the well in the manner as prescribed by regulation of the department. When such plugging has been completed, a certificate shall be prepared, on a form to be furnished by the department, by two experienced and qualified people who participated in the work, setting forth the time and manner in which the well was plugged. A copy of this certificate shall be mailed to the department.(d) Whenever any well is to be abandoned immediately after completion of drilling, the well operator shall give at least 24 hours' notice by telephone, confirmed by certified mail, to the department and to the coal operator, lessee or owner, if any, fixing the date and time at which the work of plugging will be commenced. Such notice may be waived by the department and said coal operator, lessee or owner, and any of them may likewise waive their right to be present. Whether or not any representative of the department or of the coal operator, lessee or owner, if any, appear, the well operator may, if he has fully complied with the requirements of this section, proceed at the time fixed, to plug the well in the manner provided by regulation prescribed by the department. The well operator shall prepare the certificate of plugging and mail copies of the same as provided in subsections (b) and (c).(e) If a well is an orphan well or abandoned without plugging or if a well is in operation but is not registered pursuant to section 203, the department shall have the right to enter upon the well site and plug the well and to sell such equipment, casing and pipe at the abandoned well or unregistered well site as may have been used in the production of the well in order to recover the costs of plugging. In the case of a well which is in operation but has not been registered, the department shall make an effort to determine ownership of such well and provide written notice to such owner of pending action which may be taken pursuant to this subsection. If the department cannot determine ownership of the well within 30 days, it may proceed pursuant to this subsection. Costs of plugging shall have priority over all liens on said equipment, casing and pipe, and said sale shall be free and clear of any such liens to the extent the costs of plugging exceed the sale price. If the equipment price obtained for casing and pipe salvaged at the abandoned well or unregistered well site is inadequate to pay for the cost of plugging the abandoned or unregistered well, the owner or operator of the abandoned or unregistered well shall be legally liable for the additional costs of plugging the well.1984, Dec. 19, P.L. 1140, No. 223, § 210, effective in 120 days. Amended 1992, July 2, P.L. 365, No. 78, § 4, effective in 30 days.