PA Code
What Is It?: PA Code refers to
the collection of Rules and Regulations established under PA Law. When
the Pennsylvania General Assembly passes a law and the Governor signs
it, the wording of the statute may not specify “everything”; for
certain provisions the statute may instruct a department to create rules
and regulations. When that is implemented the rules become part of PA
Code and have the force of law.
“The rules” (at the state level) for what a company involved in extracting oil & gas in
PA is allowed to do follow this hierarchy:
Statutes > PA Code > Permit [
> Lease/Easement Terms (possibly) ]
Why Does It Matter?: You may
find yourself having “issues” with DEP or an oil & gas
infrastructure company and want to know: Are they allowed to do ... ?
PA Code is one place to look. Documents, like permits and PA Bulletin
notices, include references to PA Code. You can get really valuable
information by following those references to see what they’re talking
about.
Where Can I Find It?:
A specific provision in PA Code is likely to be preceded by a number,
like “25 PA Code”. To find this, browse PA Code to find Title 25,
Environmental Protection. From there you may find what you are looking
for by browsing, or find a specific section by Googling e.g. "121.1"
site:pacode.com.
Do I Really Have to Read This Stuff?:
Maybe, maybe not. If you are making a public comment or a complaint to
DEP, they love to whip out the proverbial “... meets the requirements
of PA Code §§ ...” as a way of giving you the brush-off. The more
familiar you are with PA code the more effective you can be in giving
them something they really have to respond to. Here are a couple of
goodies from PA Code:
- The definition of air pollution
— §121.1:
“The presence in the outdoor atmosphere
of any form of contaminant, including, but not limited to, the
discharging from stacks, chimneys, openings, buildings, structures,
open fires, vehicles, processes or any other source of any smoke, soot,
fly ash, dust, cinders, dirt, noxious or obnoxious acids, fumes,
oxides, gases, vapors, odors, toxic, hazardous or radioactive
substances, waste or other matter in a place, manner or concentration
inimical or which may be inimical to public health, safety or welfare
or which is or may be injurious to human, plant or animal life or to
property or which unreasonably interferes with the comfortable
enjoyment of life or property.”
- Right to receive a copy of the driller’s pre-drilling water test —
§78.52:
“(d) An operator electing to
preserve its defenses under
section 208(d)(1) of the act shall provide a copy of the results of the
survey to the Department and the landowner or water purveyor within
10-business days of receipt of the results. Test results not received
by the Department within 10 business days may not be used to preserve
the operator’s defenses under section 208(d)(1) of the act.”
Disclaimer:
This was not written by a lawyer, and should not be taken as legal
advice.