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Pennsylvania Consolidated Statutes

58 Pa. Cons. Stat. § 3217 (2026)

 Protection of fresh groundwater and casing requirements.

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§ 3217.  Protection of fresh groundwater and casing requirements.

(a)  General rule.--To aid in protection of fresh groundwater, well operators shall control and dispose of brines produced from the drilling, alteration or operation of an oil or gas well in a manner consistent with the act of June 22, 1937 (P.L.1987, No.394), known as The Clean Streams Law, or any regulation promulgated under The Clean Streams Law.

(b)  Casing.--To prevent migration of gas or fluids into sources of fresh groundwater and pollution or diminution of fresh groundwater, a string or strings of casing shall be run and permanently cemented in each well drilled through the fresh water-bearing strata to a depth and in a manner prescribed by regulation by the department.

(c)  Procedure when coal has been removed.--If a well is drilled at a location where coal has been removed from one or more coal seams, the well shall be drilled and cased to prevent migration of gas or fluids into the seam from which coal has been removed in a manner prescribed by regulation of the department. The department and the coal operator, owner or lessee shall be given at least 72 hours' notice prior to commencement of work protecting the mine.

(d)  Procedure when coal has not been removed.--If a well is drilled at a location where the coal seam has not been removed, the well shall be drilled to a depth and of a size sufficient to permit placement of casing, packers in and vents on the hole at the points and in the manner prescribed by regulation to exclude gas or fluids from the coal seam, except gas or fluids found naturally in the seam itself, and to enable monitoring the integrity of the production casing.

 

Cross References.  Section 3217 is referred to in sections 3211, 3252 of this title.

Notes of Decisions
Cited in 3 cases, 2013–2019 · leading case: Robinson Twp. v. Commonwealth, 96 A.3d 1104 (Pa. Commw. Ct. 2014).
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Robinson Twp. v. Commonwealth, 96 A.3d 1104 (Pa. Commw. Ct. 2014). · cites it 2× “In order to protect fresh groundwater, 58 Pa.C.S. § 3217(a) requires well operators to control and dispose of brines produced from the drilling, alteration or operation of a well consistent with the Clean Streams Law, Act of June 22, 1937, P.”
Roth v. Cabot Oil & Gas Corp., 919 F. Supp. 2d 476 (M.D. Pa. 2013). · cites it 2× “86 (requiring well operator to promptly remedy any defective, insufficient, or improperly cemented casing so as to prevent pollution); see also 58 Pa. Cons. Stat. § 3217 (b) (establishing casing requirements so as to “prevent migration of gas or fluids into sources of fresh…”
The Marcellus Shale Coalition v. Dep't of Env't Prot. of PA & Env't Quality Bd. of PA, No. 573 M.D. 2016 (Pa. Commw. Ct. July 22, 2019). “58 Pa. C.S. § 3217. The Agencies posit: The Area of Review Regulations are within the granted authority to promulgate regulations (Section 3274) to protect the public and the environment from potential harms from drilling activity (Section 3259) that can result from the…”
58 Pa. Cons. Stat. § 3217(a): 1 case
Robinson Twp. v. Commonwealth, 96 A.3d 1104 (Pa. Commw. Ct. 2014). “In order to protect fresh groundwater, 58 Pa.C.S. § 3217(a) requires well operators to control and dispose of brines produced from the drilling, alteration or operation of a well consistent with the Clean Streams Law, Act of June 22, 1937, P.”
58 Pa. Cons. Stat. § 3217(b): 2 cases
Robinson Twp. v. Commonwealth, 96 A.3d 1104 (Pa. Commw. Ct. 2014). “In order to protect fresh groundwater, 58 Pa.C.S. § 3217(a) requires well operators to control and dispose of brines produced from the drilling, alteration or operation of a well consistent with the Clean Streams Law, Act of June 22, 1937, P.”
Roth v. Cabot Oil & Gas Corp., 919 F. Supp. 2d 476 (M.D. Pa. 2013). “86 (requiring well operator to promptly remedy any defective, insufficient, or improperly cemented casing so as to prevent pollution); see also 58 Pa. Cons. Stat. § 3217 (b) (establishing casing requirements so as to “prevent migration of gas or fluids into sources of fresh…”
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