(5) Whenever, before or during the
drilling of a well not within the boundaries of an operating coal mine, the well operator encounters conditions of a nature which renders
drilling of the bore hole or a portion thereof impossible, or more hazardous than usual, the well operator, upon verbal notice to the department, may immediately plug all or part of the bore hole, if
drilling has occurred, and commence a new bore hole not more than 50 feet from the old bore hole if the
location of the new bore hole does not violate section 3215 (relating to well
location restrictions) and, in the case of a well subject to act of July 25, 1961 (P.L. 825, No. 359), known as the Oil and Gas Conservation Law, if the new
location complies with existing laws, regulations and spacing orders and the new bore hole is at least 330 feet from the
nearest lease boundary.