(a) Criteria.-- A person shall qualify as a qualified well plugger if the person demonstrates access to the equipment, materials, resources and services to plug wells in accordance with section 3220 (relating to plugging requirements). (1) (Deleted by amendment). (2) (Deleted by amendment). (3) (Deleted by amendment). (b) Legal responsibility.-- A qualified well plugger shall not be the person who is legally responsible for plugging the orphan well. (c) Effect of continuing violations.-- (1) In order to receive a grant under this subchapter, the applicant, or a parent or subsidiary business entity of the applicant, may not be in continuing violation of this chapter, any other statute administered by the department, a regulation promulgated under this chapter or a statute administered by the department or a plan approval, permit or order of the department, unless the violation is being corrected to the satisfaction of the department. (2) This subsection shall not apply to an applicant who has committed a violation until the department has taken a final action on the violation and: (i) the applicant has not appealed the final action in accordance with the act of July 13, 1988 (P.L.530, No.94), known as the Environmental Hearing Board Act; or (ii) if an appeal has been filed, no supersedeas has been issued.
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