The Department may revoke inactive status and may order the immediate plugging of a well if one of the following applies:
- (1) The well is in violation of the act or regulations administered by the Department.
- (2) The operator of the inactive well has become insolvent, to the extent that the plan provided under § 78.102 (relating to criteria for approval of inactive status) is no longer viable to return the well to active status, or the operator otherwise demonstrates a lack of ability or intention to comply with applicable laws and regulations.
- (3) The condition of the well no longer satisfies the requirements of section 204 of the act (58 P. S. § 601.204) and § § 78.102—78.104 (relating to criteria for approval of inactive status; annual monitoring of inactive wells; and term of inactive status).
- (4) The owner or operator is unwilling or unable to perform his obligations under the act.
Source
The provisions of this § 78.105 adopted July 28, 1989, effective July 29, 1989, 19 Pa.B. 3229; amended December 16, 1994, effective December 17, 1994, 24 Pa.B. 6284. Immediately preceding text appears at serial page (138854).
Cross References
This section cited in 25 Pa. Code § 78.91 (relating to general provisions); and 25 Pa. Code § 78.101 (relating to general provisions).