Section 601.204 - Inactive status(a) Upon application, the department shall grant inactive status for a period of five years for any permitted or registered well provided the following requirements are met:(1) the condition of the well is sufficient to prevent damage to the producing zone or contamination of fresh water or other natural resources or surface leakage of any substance;(2) the condition of the well is sufficient to stop the vertical flow of fluids or gas within the well bore and is adequate to protect freshwater aquifers, unless the department determines the well poses a threat to the health and safety of persons or property or to the environment;(3) the operator anticipates future use of the well for primary or enhanced recovery, future gas storage, or the operator anticipates the construction of a pipeline, for approved disposal or other appropriate uses related to oil and gas well production; and(4) the applicant satisfies the bonding requirements of sections 203 and 215, except that the department may require additional financial security for any well on which an alternative fee is being paid in lieu of bonding undersection 215(d).(b) The owner or operator of any well granted inactive status shall be responsible for monitoring the mechanical integrity of such well to insure that the requirements of subsection (a)(1) and (2) are met and shall report the same on an annual basis to the department in a manner and form as the department shall prescribe by regulation.(c) Deleted. 1992, July 2, P.L. 365, No. 78, § 4.(d) Any well granted inactive status pursuant to subsection (a) shall be plugged in accordance with section 210 or returned to active status within five years of the date inactive status was granted, unless the owner or operator applies for an extension of inactive status which may be granted on a year-to-year basis if the department determines that the owner or operator has demonstrated his ability to continue to meet the requirements of this section and the owner or operator certifies that the well will be of future use within a reasonable period of time. An owner or operator who has been granted inactive status for a well which is returned to active status prior to expiration of the five-year period set forth in subsection (a) shall notify the department that the well has been returned to active status and shall not be permitted to apply for another automatic five-year period of inactive status for such well. The owner or operator may make application to return the well to inactive status, and such application may be approved on a year-to-year basis if the department determines that the owner or operator has demonstrated an ability to continue to meet the requirements of this section and the owner or operator certifies that the well will be of future use within a reasonable period of time. The department shall approve or deny an application to extend a period of inactive status or to return a well to inactive status within 60 days of receipt of such application, and such application shall not be unreasonably denied. If the department has not completed its review of the application within 60 days, the inactive status shall continue until the department has made a determination on the request. If the department denies an application to extend the period of inactive status or to return a well to inactive status, a well owner or operator aggrieved thereby shall have the right to appeal such denial to the Environmental Hearing Board within 30 days of receipt of such denial. Upon cause shown by a well owner or operator, the board may grant a supersedeas pursuant to section 4 of theact of July 13, 1988 (P.L. 530, No. 94) , known as the Environmental Hearing Board Act, in order that the well in question may retain inactive status during the period of appeal.(e) The department shall have the right to revoke inactive status and order the immediate plugging of a well if it is in violation of this act or rules or regulations promulgated thereunder or if the owner or operator demonstrates inability to perform his obligations under this act or becomes financially insolvent or upon receipt by the department of notice of bankruptcy proceedings by the permittee.1984, Dec. 19, P.L. 1140, No. 223, § 204, effective in 120 days. Amended 1992, July 2, P.L. 365, No. 78, § 4, effective in 30 days.