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By: Paul Yagelski, Esq.
Rothman Gordon, Pittsburgh
Pennsylvania

Who Is Responsible? Is The Landowner Responsible? Who Can Plug A Well?

There is an oil and gas well on your property. It has been abandoned. Are you, the landowner, responsible for plugging the oil and gas well?

Upon abandoning an oil and gas well, the owner of the well or the operator of the well is required to plug it in the manner prescribed by the regulations of the Pennsylvania Department of Environmental Protection ("PA DEP"). 58 Pa. C.S. § 3220(a). The term "owner" does not include the owner or possessor of the surface of the real property, in which the abandoned well is located, who did not participate or incur costs in and had no right of control over the drilling or extraction operation of the abandoned well. 58 Pa. C.S. § 3220(f). Accordingly, if you own the surface of the property on which the abandoned well is located, but you did not participate in and had no right of control over the drilling or extraction operations of the abandoned well on your property, you should have no responsibility for plugging the well.

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