§ 1406.5a. Restoration or replacement of water supplies affected by underground mining
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 52 P.S. Mines and Mining
52 P.S. § 1406.5a
§ 1406.5a. Restoration or replacement of water supplies affected by underground mining
(a)(1) After the effective date of this section, any mine operator who, as a result of underground mining operations, affects a public or private water supply by contamination, diminution or interruption shall restore or replace the affected supply with an alternate source which adequately services in quantity and quality the premining uses of the supply or any reasonably foreseeable uses of the supply.
(2) A restored or replacement water supply shall be deemed adequate where it differs in quality from the premining supply, providing it meets standards set forth in the act of May 1, 1984 (P.L. 206, No. 43), known as the “Pennsylvania Safe Drinking Water Act,”1 or is comparable to the premining supply where that supply did not meet such standards. If an operator fails to comply with this provision, the Secretary of Environmental Resources shall issue such orders to the operator as are necessary to assure compliance.
(3) For the purposes of this section, the term “water supply” shall include any existing source of water used for domestic, commercial, industrial or recreational purposes or for agricultural uses, including use or consumption of water to maintain the health and productivity of animals used or to be used in agricultural production and the watering of lands on a periodic or permanent basis by a constructed or manufactured system in place on the effective date of this act to provide irrigation for agricultural production of plants and crops at levels of productivity or yield historically experienced by such plants or crops within a particular geographic area, or which serves any public building or any noncommercial structure customarily used by the public, including, but not limited to, churches, schools and hospitals.
Credits
1966, Sp.Sess., No. 1, April 27, P.L. 31, § 5.1, added 1994, June 22, P.L. 357, No. 54, § 5, effective in 60 days.
Footnotes
35 P.S. § 721.1 et seq.
52 P.S. § 1406.5a, PA ST 52 P.S. § 1406.5a
Current through Act 13 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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