1. (a) An exploration hole, other drill or borehole, well or other exposed opening (except for holes solely drilled and used for blasting), shall be sealed, backfilled or otherwise managed, as approved by the Department, in order to do the following:

   1. (1) Prevent acid or other toxic drainage from entering groundwaters or surface waters.
   2. (2) Minimize disturbance to the prevailing hydrologic balance.
   3. (3) Ensure the safety of people, property, livestock, fish and wildlife and machinery in the permit and adjacent areas.
   4. (4) Prevent groundwater and surface water from entering underground mine workings.
2. (b) If these openings are uncovered or exposed by surface mining activities within the permit area, they shall be permanently closed unless approved for water monitoring, or otherwise managed in a manner approved by the Department.
3. (c) Use of a drilled hole, borehole or monitoring well as a water well shall meet the provisions of § 88.106 (relating to hydrologic balance: surface water monitoring).
4. (d) Gas and oil wells shall be sealed in accordance with the Oil and Gas Act (58 P. S. § § 601.101—601.605).

5. (e) A solid barrier of undisturbed earth, 125 feet (38.1 meters) in radius shall be maintained around all oil and gas wells, unless:

   1. (1) The well is sealed in accordance with subsection (d).

   2. (2) The Department approves in writing a lesser distance if:

      1. (i) Access to the well is provided at all times.
      2. (ii) The integrity of the well is maintained.
      3. (iii) The measures included in the permit to minimize damage, destruction or disruption of services are implemented.

Authority

The provisions of this § 88.83 amended under the Surface Mining Conservation and Reclamation Act (52 P. S. § § 1396.1—1396.19a); The Clean Streams Law (35 P. S. § § 691.1—691.1001); and section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20).

Source

The provisions of this § 88.83 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended March 30, 1984, 14 Pa.B. 1143, effective August 10, 1985, 15 Pa.B. 2872; amended December 15, 1995, effective December 16, 1995, 25 Pa.B. 5821; amended May 8, 1998, effective May 9, 1998, 28 Pa.B. 2227. Immediately preceding text appears at serial pages (207041) to (207042).