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Pennsylvania Oil and Gas Laws

Pennsylvania oil and gas laws can be found in Chapter 7, Title 58 of Pennsylvania Statutes.  Pursuant to 58 P.S. § 404, waste of oil and gas is prohibited.

Powers and Jurisdiction of the Commission

Pursuant to 58 P.S. § 405, the Oil and Gas Conservation Commission is authorized to make such investigations and inspections of records and facilities as it deems necessary and proper to discharge its duties and perform its functions under this act.  The commission shall have the power and the duty to protect correlative rights.

Without limiting its general authority, the commission is granted specific authority

(I) To require:

  • identification on the premises of ownership of oil or gas wells;
  • the making and filing of drillers’ logs and filing of such other well logs as are actually made, and the furnishing of duplicate copies to the Department of Internal Affairs.
  • the drilling, casing, operation, and plugging of wells in such manner as to prevent (a) the escape of oil or gas, (b) the detrimental intrusion of water into any oil or gas pool that is avoidable by efficient operations, and (c) blowouts, cavings, seepages, and fires; and
  • upon proper application to enter spacing and pooling orders and provide for the integration or communitization of interests within a drilling unit.

(II) To promulgate and to enforce rules, regulations, and orders to effectuate the purposes and the intent of this act, and to fix appropriate fees for services rendered, which fees are hereby appropriated to the commission for its operations.

Pursuant to 58 P.S. § 411, the commission will have the power to summon witnesses, to administer oaths, and to require the production of records, books, and documents for examination relevant or pertinent to any hearing or investigation conducted by it.  All proceedings and appeals must be in accordance with the “Administrative Agency Act” and other appropriate law.

Civil Actions

Pursuant to 58 P.S. § 414(a), if a person violates or threatens to violate any provision or any rule, regulation, or order of the commission, the commission will bring suit against such person to restrain such person from continuing such violation or from carrying out the threat of violation.

In any such suit, the court has jurisdiction to grant to the commission, without bond or other undertaking, such prohibitory and mandatory injunctions as the facts may warrant, including temporary restraining orders and preliminary injunctions[i].

Pursuant to 58 P.S. § 414(b), if the commission fails to bring suit to enjoin a violation or threatened violation of any provision of this act, or any rule, regulation, or order of the commission, within ten days after receipt of written request, the person making such request may bring suit in his/her own behalf to restrain such violation or threatened violation in any court in which the commission might have brought suit.

The commission will be made a party defendant in such suit in addition to the person violating or threatening to violate a provision or a rule, regulation, or order of the commission, and the action will proceed and injunctive relief may be granted without bond, or other undertaking, in the same manner as if the suit had been brought by the commission[ii].

Penalties

Pursuant to 58 P.S. § 412, it is unlawful and subject to a fine between five hundred dollars and five thousand dollars or imprisonment for a term not exceeding six months, or both, for any person who:

  • violates any provision of this act or any rule, regulation, or order of the commission.
  • commence operations for the drilling or deepening of a well for oil or gas without first obtaining a permit from the division under such rules and regulations as may be prescribed by the commission.
  • makes or cause to be made any false entry or statement in a report required by this act, or by any rule, regulation, or order of the commission; or to make or cause to be made any false entry to any record, account, or memorandum required by this act or by any such rule, regulation, or order; to remove from this Commonwealth or destroy, mutilate, alter, or falsify any such record, account, or memorandum.

Each day of violation after notification thereof by the commission will constitute a separate offense[iii].

 

[i] 58 P.S. § 414(a).

[ii] 58 P.S. § 414(b).

[iii] 58 P.S. § 412.


Inside Pennsylvania Oil and Gas Laws