25 Pa. Code § 87.47. Alternative water supply information.

§ 87.47. Alternative water supply information.

The application shall identify the extent to which the proposed surface mining activities may result in contamination, diminution or interruption of any water supply within the proposed permit or adjacent area. If contamination, pollution, diminution or interruption may result, then the description shall identify the means to restore or replace the affected water supply in accordance with §  87.119a (relating to hydrologic balance: water rights and replacement), including cost calculations. The Department will notify the owner of any potentially affected supply.

Authority

   The provisions of this §  87.47 amended under section 5 of The Clean Streams Law (35 P.S. §  691.5); sections 4(a) and 4.2 of the Surface Mining Conservation and Reclamation Act (52 P.S. § §  1396.4(a) and 1396.4b); section 3.2 of the Coal Refuse Disposal Control Act (52 P.S. §  30.53b); section 7(b) of the Bituminous Mine Subsidence and Land Conservation Act (52 P.S. §  1406.7(b)); and section 1920-A of The Administrative Code of 1929 (71 P.S. §  510-20).

Source

   The provisions of this §  87.47 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended July 30, 1982, 12 Pa.B. 2473, effective July 31, 1982, 12 Pa.B. 2382; amended June 25, 2021, effective June 26, 2021, 51 Pa.B. 3449. Immediately preceding text appears at serial page (336584).

Notes of Decisions

   The Environmental Hearing Board properly found that the operator of a surface coal mine was required to permanently provide compensation for the increased maintenance costs of an adjacent property owner’s well water supply and establish an individual trust or escrow account for such future costs. Carlson Mining Co., Inc. v. Department of Environmental Resources, 639 A.2d 1332 (Pa. Commw. 1994); appeal denied by 649 A.2d 676 (Pa. 1994).

Cross References

   This section cited in 25 Pa. Code §  87.1 (relating to definitions); 25 Pa. Code §  87.43 (relating to description of hydrology and geology: general requirements); and 25 Pa. Code §  86.81 (relating to program services).

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