§ 14-110.1. Presumptive impact areas around gas wells
West's Annotated Code of MarylandEnvironmentEffective: July 1, 2012
Effective: July 1, 2012
MD Code, Environment, § 14-110.1
§ 14-110.1. Presumptive impact areas around gas wells
(a) In this section, “water supply” means a source of water used for drinking or other domestic purpose or for agriculture, including livestock.
(b) For each permit the Department issues under this subtitle to drill a well for the exploration or production of gas in deep shale deposits, there is a presumptive impact area around the gas well in which it is presumed that contamination of a water supply was caused by the activities of gas exploration or production.
(c) The presumptive impact area shall be in effect:
(d) Within a presumptive impact area established under subsections (b) and (c) of this section, the permittee shall replace, at no expense to an owner of real property in the presumptive impact area, a water supply that is contaminated as a result of the permittee's drilling or operation of the gas well.
(e) A water supply within a presumptive impact area that no longer yields potable water as a result of the drilling or operation of a gas well shall be considered to be replaced adequately by a permittee if the permittee provides for the affected property owner a new or retrofitted well or other alternative water supply that is capable of yielding potable water equal to the volume used or needed by the property owner before the contamination of the water supply.
(f) The permittee and the property owner may agree on monetary compensation or other mitigation instead of restoration.
(g) The Department may not require a permittee to replace a water supply or compensate a property owner, as provided in this section, if the permittee demonstrates to the Department by a preponderance of the evidence that:
(i) The presumption of causation established under this section does not apply to contamination of a water supply if:
(j) This section may not be construed to affect any common law remedies available to a property owner.
(k)(1) The presumption of causation established under this section shall apply in:
Credits
Added by Acts 2012, c. 703, § 1, eff. July 1, 2012.
MD Code, Environment, § 14-110.1, MD ENVIR § 14-110.1
Current with all legislation from the 2023 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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