25 Pa. Code § 78.52 - Predrilling or prealteration survey
(a)
A well operator who wishes to preserve its defense under section 208(d)(1) of
the act (58 P. S. §
601.208(d)(1)) that the
pollution of a water supply existed prior to the drilling or alteration of the
well shall conduct a predrilling or prealteration survey in accordance with
this section.
(b) A person who
wishes to document the quality of a water supply to support a future claim that
the drilling or alteration of the well affected the water supply by pollution
may conduct a predrilling or prealteration survey in accordance with this
section.
(c) The survey shall be
conducted by an independent certified laboratory. A person independent of the
well owner or well operator, other than an employee of the certified
laboratory, may collect the sample and document the condition of the water
supply, if the certified laboratory affirms that the sampling and documentation
is performed in accordance with the laboratory's approved sample collection,
preservation and handling procedure and chain of custody.
(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.
(e) The report describing the results of the
survey must contain the following information:
(1) The location of the water supply and the
name of the surface landowner or water purveyor.
(2) The date of the survey, and the name of
the certified laboratory and the person who conducted the survey.
(3) A description of where and how the sample
was collected.
(4) A description of
the type and age, if known, of the water supply, and treatment, if
any.
(5) The name of the well
operator, name and number of well to be drilled and permit number if
known.
(6) The results of the
laboratory analysis.
(f) A
well operator who wishes to preserve the defense under section 208(d)(2) of the
act that the landowner or water purveyor refused the operator access to conduct
a survey shall confirm the desire to conduct this survey and that access was
refused by issuing notice to the person by certified mail, or otherwise
document that access was refused. The notice must include the following:
(1) The operator's intention to drill or
alter a well.
(2) The desire to
conduct a predrilling or prealteration survey.
(3) The name of the person who requested and
was refused access to conduct the survey and the date of the request and
refusal.
(4) The name and address
of the well operator and the address of the Department, to which the water
purveyor or landowner may respond.
Notes
This section cited in 25 Pa. Code § 78.141 (relating to scope).
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