58 Pa. Stat. § 601.202

Current through P.A. Acts 2023-32
Section 601.202 - Permit objections
(a) In case any well location referred to in section 201(b) is made so that the well, when drilled, will be located on a tract whose surface is owned by a person other than the well operator, then the surface landowner affected shall be notified of the intent to drill and have right to file objections, in accordance withsection 501 , based on the assertion that the well location violates section 205 or that information in the application is untrue in any material respect, within 15 days of the receipt by the surface owner of the plat provided for insection 201(b). Receipt of notice by the surface owner shall be presumed to have occurred 15 days from the date of the certified mailing when the well operator submits a copy of the certified mail receipt sent to the surface owner and an affidavit certifying that the address of the surface owner to which notice was sent is the same address that is listed in the assessment books in the county in which the property is located. If no such objections are filed or none are raised by the department within 15 days after receipt of the plat by the surface landowner or if written approval by the surface landowner is filed with the department and no objections are raised by the department within 15 days of filing, the department shall proceed to issue or deny the permit.
(b) In case any well location referred to in section 201(b) is made so that the well when drilled will penetrate anywhere within the outside coal boundaries of any operating coal mine or coal mine already projected and platted but not yet being operated or within 1,000 linear feet beyond such boundaries and the well when drilled or the pillar of coal about the well will, in the opinion of the coal owner or operator, unduly interfere with or endanger such mine, then the coal owner or operator affected shall have the right to file objections in accordance with section 501 to such proposed location within 15 days of the receipt by the coal operator of the plat provided for in section 201(b). An alternative location at which the proposed well could be drilled to overcome such objections shall, if possible, be indicated. If no such objections to the proposed location are filed or if none are raised by the department within 15 days after receipt of the plat by the coal operator or owner or if written approval by the coal operator or owner of the location is filed within the department and no objections are raised by the department within 15 days of filing, the department shall proceed to issue or deny the permit.
(c) If any objections are filed by any coal operator or owner or are made by the department, the department shall fix a time and place for a conference in accordance with section 501 not more than ten days from the date of the service of such objections on the well operator, at which conference the well operator and such coal operators or owners as are present or represented shall consider the objections and attempt to agree upon a location. If they fail to agree upon a location, the department shall, by an appropriate order, determine a location on such tract of land as near to the original location as possible where, in the judgment of the department, the well can be safely drilled without unduly interfering with or endangering such mine as defined in subsection (b). Such new location as agreed upon by said parties or as determined by the department shall be indicated on the plat on file with the department and shall become a permanent record, whereupon the department shall proceed to issue or deny the permit.
(d) Within 120 days after the commencement of drilling operations, the coal operator shall accurately locate the well by a closed survey on the same datum as the mine workings or coal boundaries are mapped and file the results of the survey with the department and forward, by certified mail, a copy to the well operator.

58 P.S. § 601.202

1984, Dec. 19, P.L. 1140, No. 223, § 202, effective in 120 days. Amended 1986, Oct. 9, P.L. 1431, No. 135, § 1, effective in 30 days.