(a) Whenever a
landowner or water supply user experiences contamination, diminution or
interruption of a water supply which is believed to have occurred as a result
of underground mining activities, the landowner or water user shall notify the
operator. The operator shall diligently investigate the water loss. This
subsection does not apply to water supplies affected by underground mining
activities which are governed by Chapter 87 (relating to surface mining of
coal).
(b) The Department will order
the operator to provide temporary water to the landowner or water supply user
within 24 hours of issuance of the order if the following apply:
(1) No alternate temporary water supply is
available to the landowner or water user.
(2) The water supply is contaminated,
diminished or interrupted.
(3) The
water supply is located within the rebuttable presumption area.
(4) The landowner notified the operator of
the water supply problem.
(c) If the affected water supply has not been
restored or an alternate water supply has not been provided by the operator or
if the operator provides and later discontinues an alternate source, the
landowner or water supply user may so notify the Department and request that
the Department conduct an investigation in accordance with the following
procedure:
(1) Within 10 days of notification,
the Department will commence an investigation of landowner's or water supply
user's claim.
(2) Within 45 days of
notification, the Department will make a determination of whether the
contamination, diminution or interruption was caused by the operator's
underground mining activities. The Department will notify the affected parties
of its determination within 10 days of completing the investigation.
(3) If the Department determines that the
operator's underground mining activities caused the water supply to be
contaminated, diminished or interrupted, the Department will issue any orders
that are necessary to assure compliance with The Bituminous Mine Subsidence and
Land Conservation Act (52 P. S. §§
1406.1-1406.21) and this chapter.
Notes
The
provisions of this § 89.146a adopted June 12, 1998, effective
6/13/1998, 28 Pa.B. 2761;
amended October 21, 2005, effective 10/22/2005, 35 Pa.B.
5775.
The provisions of this § 89.146a amended under
section 7 of The Bituminous Mine Subsidence and Land Conservation Act (BMSLCA)
(52
P. S. §
1406.7); section 5 of The Clean
Streams Law (35 P. S. §
691.5);
section 4.2 of the Surface Mining Conservation and Reclamation Act
(52
P. S. §
1396.4b); section 3.2 of the
Coal Refuse Disposal Control Act (52 P. S. §
30.53b); and section 1920-A of The
Administrative Code of 1929 (71 P. S. §
510-20).
Editor's Note: Certain parts of the
rulemaking at 35 Pa.B. 5775 are authorized under a Federal action that
superseded sections 5.1(b), 5.2(g)-(h), 5.4(a)(3) and (c) and 5.5(b) of the
BMSLCA (52 P. S. §§
1406.5a(b),
1406.5b(g)-(h), 1406.5d(a)(3)
and (c) and 1406.5e(b)) to the extent these statutory provisions conflicted
with the Federal Surface Mining Control and Reclamation Act of 1977 (Federal
SMCRA) (30 U.S.C.A.
§§
1201-1328). The Federal
action effecting these changes was published at 69 FR 71551 (December 9, 2004).
