Pa. Cons. Stat. » 58 Pa. Cons. Stat. (OIL AND GAS) / Chapter 32
Pennsylvania Consolidated Statutes

58 Pa. Cons. Stat. § 3271 (2026)

 Well plugging funds.

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SUBCHAPTER F

MISCELLANEOUS PROVISIONS

 

Sec.

3271.  Well plugging funds.

3271.1. Well plugging contracts.

3272.  (Reserved).

3273.  Effect on department authority.

3273.1. Relationship to solid waste and surface mining.

3274.  Regulations.

§ 3271.  Well plugging funds.

(a)  Appropriation.--Fines, civil penalties and permit and registration fees collected under this chapter are appropriated to the department to carry out the purposes of this chapter.

(b)  Surcharge.--To aid in indemnifying the Commonwealth for the cost of plugging abandoned wells, a $50 surcharge is added to the permit fee established by the department under section 3211 (relating to well permits) for new wells. Money collected as a result of the surcharge shall be paid into a restricted revenue account in the State Treasury to be known as the Abandoned Well Plugging Fund and expended by the department to plug abandoned wells threatening the health and safety of persons or property or pollution of waters of this Commonwealth.

(c)  Orphan Well Plugging Fund.--The following shall apply:

(1)  A restricted revenue account to be known as the Orphan Well Plugging Fund is created. A $100 surcharge for wells to be drilled for oil production and a $200 surcharge for wells to be drilled for gas production are added to the permit fee established by the department under section 3211 for new wells. The surcharges shall be placed in the Orphan Well Plugging Fund and expended by the department to plug orphan wells. If an operator rehabilitates a well abandoned by another operator or an orphan well, the permit fee and the surcharge for the well shall be waived.

(2)  The department shall study its experience in implementing this section and shall report its findings to the Governor and the General Assembly by August 1, 1992. The report shall contain information relating to the balance of the fund, number of wells plugged, number of identified wells eligible for plugging and recommendations as to alternative funding mechanisms.

(3)  Expenditures by the department for plugging orphan wells are limited to fees collected under this chapter. No money from the General Fund shall be expended for this purpose.

(July 19, 2022, P.L.1622, No.96, eff. imd.; Nov. 3, 2022, P.L.1987, No.136, eff. 60 days)

 

2022 Amendments.  Act 96 amended subsec. (c)(1) and Act 136 amended subsec. (c)(1).

Notes of Decisions
Cited in 1 case, 2019–2019 · leading case: 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).
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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). “73(d) of the Unconventional Well Regulations is inconsistent with the well plugging requirements set forth in Section 3220 of Act 13, which places the onus on the owner or operator to plug its own wells, not the wells of others, and how this provision relates to the Department’s…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.