Section 91.31. Wells other than oil and gas

(a) Each well-drilling operation shall have a sump or other receptacle large enough to receive all drill cuttings, sand bailings, water having a turbidity in excess of 1,000 nephelometric turbidity units (NTU) or other pollutant resulting from the well drilling operations.

(b) Surface water shall be excluded from the sump or receptacle by means of diversion ditches on the uphill sides, or by other appropriate measures.

(c) After completion of the well, the sump or receptacle shall be covered over or otherwise protected or the contents of the receptacle disposed of, so that the contents will not be washed into the waters of this Commonwealth.

(d) Waste oil, coal, spent materials or other pollutants shall be disposed of so that they will not be washed into the waters of this Commonwealth.

The provisions of this § 91.31 adopted September 2, 1971, effective September 3, 1971, 1 Pa.B. 1804; amended October 29, 1971, effective December 1, 1971, 1 Pa.B. 2035; amended September 29, 1973, effective September 30, 1973, 3 Pa.B. 2177; amended January 28, 2000, effective January 29, 2000, 30 Pa.B. 521. Immediately preceding text appears at serial pages (225900) and (239685).

Notation

Authority

The provisions of this § 91.31 amended under section 5 of The Clean Streams Law (35 P. S. § 691.5); and section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20).

Notes of Decisions

An agency decision denying a sewage permit to a private landowner may not be upheld where a municipality and not the landowner has the burden of persuading the Department that sewage disposal on the property is in conformity with the provisions of this section. Failure of the municipality to act would be confiscatory and tantamount to a taking of the landowner’s private property without due process of law. Department of Environmental Resources v. Trautner, 338 A.2d 718 (Pa. Cmwlth. 1975).

When a property owner can be effectively denied the right to use his property until such time as the municipality has satisfied the Department that sewage disposal on the property is in conformity with a comprehensive program of water quality management, there is an unreasonable restriction on the use of private land and a confiscation of property without due process. Department of Environmental Resources v. Trautner, 338 A.2d 718 (Pa. Cmwlth. 1975).

By negotiating a contract with a township authority for use of the borough’s sewage treatment facilities which provided for a set rate and no future increases except for the cost of upgrading treatment facilities, including those necessary for compliance with the Clean Streams Law and the regulations promulgated thereunder, the borough waived any right to increase its basic fee except for the costs of upgrading treatment facilities. Tamaqua Borough v. Rush Township Sewer Authority, 482 A.2d 1167 (Pa. Cmwlth. 1984).

Cross References

This section cited in 25 Pa. Code § 83.102 (relating to definitions).