Section 601.303 - General gas storage reservoir operations(a) Any person who operates or proposes to operate a storage reservoir, except one that is filled by the secondary recovery or gas recycling process, shall: (1) Use every known method which is reasonable under the circumstances for discovering and locating all wells which have or may have been drilled into or through the storage reservoir.(2) Plug or recondition, in the manner provided in regulations of the department pursuant to this act, all known wells, except to the extent otherwise provided in subsections (b) and (c), drilled into or through the storage reservoir.(b) In order to meet the requirements of subsection (a), wells which are to be plugged shall be plugged in the manner specified in section 210. When a well located within the storage reservoir area has been plugged prior to the enactment of this act and on the basis of the data, information and other evidence submitted to the department, it is determined that such plugging was done in the manner required in section 210 or in a manner approved as an alternative method in accordance with section 211 and the plugging is still sufficiently effective to meet the requirements of this act, the obligations imposed by subsection (a) as to plugging the well shall be considered fully satisfied.(c) In order to meet the requirements of subsection (a), wells which are to be reconditioned shall, unless the department by regulation specifies a different procedure, be cleaned out from the surface through the storage horizon, and the producing casing and such other casing strings which are determined not to be in good physical condition shall be replaced with new casing, using the same procedure as is applicable to drilling a new well as provided for in this act. In the case of wells to be used for gas storage, the annular space between each string of casing and the annular space behind the largest diameter casing to the extent possible shall be filled to the surface with cement or bentonitic mud or such nonporous material as is approved by the department pursuant to section 211. At least 15 days prior to the time when a well is to be reconditioned, the storage operator shall give notice thereof to the department, setting forth in such notice the manner in which it is planned to recondition such well and any pertinent data known to the storage operator which will indicate the then existing condition of such well. In addition, the storage operator shall give the department at least 72 hours' notice of the time when such reconditioning is to begin. If no objections are raised by the department within ten days, the storage operator may proceed with the reconditioning in accordance with the plan as submitted. If any objections are made by the department, it may fix a time and place for a conference in accordance with section 501 at which conference the storage operator and the department shall endeavor to agree upon a plan of reconditioning which meets the requirements herein and which will satisfy such objections. If no plan is approved at such conference, the department may, by an appropriate order, determine whether the plan as submitted meets the requirements set forth herein or what changes, if any, should be made to meet such requirements. If, in reconditioning a well in accordance with said plan, physical conditions are encountered which justify or necessitate a change in said plan, the storage operator may request that the plan be changed. If the request is denied, the department shall arrange for a conference in accordance withsection 501 to determine the matter in the same manner as set forth herein in connection with original objections to said plan. Applications may be made to the department in the manner prescribed in section 211 for approval of an alternative method of reconditioning a well. When a well located within the storage reservoir has been reconditioned prior to the enactment of this chapter or was so drilled and equipped previously and, on the basis of the data, information and other evidence submitted to the department, it is determined that: (1) Such conditioning or previous drilling and equipping was done in the manner required in this subsection or in regulations promulgated hereunder or in a manner approved as an alternative method in accordance with section 211.(2) Such reconditioning or previous drilling and equipping is still sufficiently effective to meet the requirements of this act, the obligations imposed by subsection (a), as to reconditioning said well, shall be considered fully satisfied. Where a well requires emergency repairs, this subsection shall not be construed to require the storage operator to give the notices specified herein before making such repairs.(d) The requirements of subsection (a) shall not apply to the injection of gas into any stratum when the sole purpose of such injection, such purpose being herein referred to as testing, is to determine whether the said stratum is suitable for storage purposes. Testing shall be conducted only in compliance with the following requirements: (1) The person testing or proposing to test shall comply with all of the provisions and requirements of section 301 and shall verify the statement required to be filed thereby.(2) The storage operator shall give at least six months' written notice to the department of the fact that injection of gas for testing purposes is proposed.(3) If the department shall have any objections, it shall fix a time and place for a conference in accordance with section 501, not more than ten days from the date of notice to the storage operator, at which conference the storage operator and the department shall attempt to agree on the questions involved. If such agreement cannot be reached at such conference, the department may issue an appropriate order.(e) If, in any proceeding under this act, the department shall determine that any operator of a storage reservoir has failed to carry out any lawful order issued under this act, it shall have authority to require such storage operator to suspend the operation of such reservoir and to withdraw the gas therefrom until such violation is remedied. In such an event the gas shall be withdrawn under the following conditions: the storage operator shall remove the maximum amount of gas, which is required by the department to be removed from the storage reservoir, that can be withdrawn in accordance with recognized engineering and operating procedures and shall proceed with due diligence insofar as existing facilities used to remove gas from the reservoir will permit.(f) In addition to initial compliance with the other provisions of this act and any lawful orders issued thereunder, it shall be the duty, at all times, of the person owning or operating any storage reservoir which is subject to the provisions of this chapter to keep all wells drilled into or through the storage reservoir in such condition and to operate the same in such manner as to prevent the escape of gas therefrom and to operate and maintain such storage reservoir and its facilities in such manner as prescribed by regulation of the department and at such pressures as will prevent gas from escaping from such reservoir or its facilities, but in no case shall such pressure exceed the highest rock pressure found to have existed during the production history of the reservoir or such other high pressure as the department may approve after conference under section 501 based upon geological and production knowledge of the reservoir, its character, permeability distribution and operating experience. This duty shall not be construed to include the inability to prevent the escape of gas where such escape results from an act of God or an act of any person not under the control of the storage operator other than in connection with any well which the storage operator has failed to locate and to make known to the department. If any escape of gas does result from an act of God or an act of any person not under the control of the storage operator, the storage operator shall be under the duty of taking such action thereafter as is reasonably necessary to prevent further escape of gas.1984, Dec. 19, P.L. 1140, No. 223, § 303, effective in 120 days.