Pennsylvania § 2825 - Applications and review process.

§ 2825. Applications and review process.

(a) Application form.--No later than the date that the notice of availability under section 2823(c) (relating to eligible wells) is published, the department shall make an application form for a grant under this subchapter available on the department's publicly accessible Internet website.

(b) Content of applications.--An application submitted by a qualified well plugger shall contain all of the following:

(1) The name of the qualified well plugger.

(2) A list of eligible wells listed under section 2823(c) that the qualified well plugger intends to plug in the next 12 months if approved for a grant under this subchapter.

(3) A certification that the qualified well plugger has legal authority to access and perform the activities needed to plug each well listed under paragraph (2).

(4) An attestation that the qualified well plugger will provide the documentation necessary for the department to comply with the provisions of section 2811(b) (relating to allocation of funding).

(5) An attestation that each well plugged by the qualified well plugger will be plugged in accordance with section 3220 (relating to plugging requirements).

(c) Acceptance of applications.--

(1) The department shall begin accepting applications under subsection (a) no later than the date that the application is made available under subsection (a).

(2) The department shall accept applications until the amount available for grants under section 2811(a) is committed to projects initially approved under subsection (e). As additional amounts are made available for the grant program under this subchapter, the department shall recommence accepting applications under subsection (a) no later than seven days after the additional money is made available.

(d) Review.--The department shall review and approve applications received under subsection (c) on a rolling basis until the money available has been fully committed to approved projects.

(e) Initial approval.--

(1) If an application submitted under subsections (b) and (c) meets the requirements of this subchapter and if the amount of grant money that the qualified well plugger would be eligible to receive remains available, the department shall approve the application and shall notify the applicant which orphan wells on the list under subsection (b)(2) for which the qualified well plugger has been approved to receive a grant.

(2) An approval under this subsection shall be made within 15 days of the receipt of the application. The department shall provide notice of the approval to the qualified plugger within three days of the date of approval.

(f) Awarding of grant.--An approved well plugger shall be awarded a grant if all of the following requirements are met:

(1) The qualified well plugger was previously approved under subsection (e).

(2) The qualified well plugger plugged an orphan well for which the qualified well plugger was approved under subsection (e).

(3) The qualified well plugger has submitted a complete plugging certificate, prepared and signed, on a form furnished by the department, by two experienced and qualified individuals who participated in the work and specified the time and manner in which the well was plugged.

(4) The qualified well plugger has submitted adequate documentation of the cost for the plugging of an orphan well.

(5) The qualified well plugger has submitted any other information or document necessary for compliance with the Federal Orphaned Well Site Plugging, Remediation and Restoration Program.

(g) Amount of grant.--The amount of the grant awarded under subsection (f) shall be the sum of the amounts under section 2822 (relating to grants) for which the qualified well plugger is approved under subsection (e). If the qualified well plugger encounters unusual technical difficulties due to the condition of an orphan well, the department may, in its discretion, amend the grant award to cover the additional cost, if provided with adequate documentation of those unexpected additional costs. The additional grant amount under this subsection shall not exceed the amount of the grant for a specific orphan well. The department may not award the additional grant amount under this subsection to a qualified well operator without receiving an adequate proof of cost from the qualified well plugger.

(h) Civil immunity.--A person who voluntarily provides equipment, materials, resources or services for plugging an orphan well in accordance with this subchapter shall be immune from civil liability other than injury or damage resulting from gross negligence or willful misconduct. The person may raise the civil immunity protections specified in this subsection in a legal proceeding brought to enforce the environmental laws of this Commonwealth or otherwise impose civil liability.

(Nov. 3, 2022, P.L.1987, No.136, eff. 60 days)

Cross References. Section 2825 is referred to in sections 2823, 2826 of this title.