1. (a) A panel shall hear objections by the owner or operator of the coal mining area only if the proposed gas well is not subject to the Oil and Gas Conservation Law (58 P. S. § § 401—419) and one of the following applies:

   1. (1) The well will be drilled through an area that is projected and permitted, but not yet being operated.
   2. (2) The well will be drilled through a perimeter area.
   3. (3) The well will penetrate a workable coal seam, and will be located above an active mine, but will not penetrate an operating mine.
2. (b) The panel shall hear only objections that were filed by the owner or operator of the mining areas set forth in subsection (a).
3. (c) If after a conference in accordance with § 78.25 (relating to conferences—general), the Department has unresolved objections, the panel does not have jurisdiction to convene or to hear objections.

Source

The provisions of this § 78.30 adopted July 28, 1989, effective July 29, 1989, 19 Pa.B. 3229.

Cross References

This section cited in 25 Pa. Code § 78.24 (relating to information to be provided with objections by owner or operator of coal mine); 25 Pa. Code § 78.25 (relating to conferences—general); 25 Pa. Code § 78.28 (relating to final action if objections do not proceed to panel); and 25 Pa. Code § 78.29 (relating to composition of panel).