§ 15-813. Dewatering in karst terrain
West's Annotated Code of MarylandEnvironmentEffective: October 1, 2021
Effective: October 1, 2021
MD Code, Environment, § 15-813
§ 15-813. Dewatering in karst terrain
(b)(1) If a permittee is issued a water appropriation permit under § 5-502 of this article to dewater a pit located in karst terrain in Baltimore, Carroll, Frederick, and Washington counties, the Department shall establish, as a condition of the permittee's surface mining permit under § 15-810 of this subtitle, a zone of dewatering influence around the surface mine.
(2) The areal extent of the zone of dewatering influence shall be based, as appropriate, on local topography, watersheds, aquifer limits, and other hydrogeologic factors, including the occurrence of natural fractures, cracks, crevices, lineaments, igneous dikes, changes in rock type, and variations in the water-bearing characteristics of formations.
(c)(1) Within the zone of dewatering influence established under subsection (b)(1) of this section, the permittee shall:
(iii) On a determination by the Department of proximate cause after the permittee has received proper notice and an opportunity to respond and provide information, pay monetary compensation to the affected property owner or repair any property damage caused as a result of the sudden subsidence of the surface of the land.
(d)(1) An individual domestic water supply within a zone of dewatering influence that is no longer capable of yielding water because of declining water levels shall be considered to be replaced adequately by a permittee if the permittee provides for the affected property owner a new or retrofitted well that is capable of meeting the minimum yield requirements established in regulations adopted by the Department of the Environment during the period of pit dewatering.
(2) A municipal, industrial, commercial, institutional, or farming water supply within a zone of dewatering influence that is no longer capable of yielding water because of declining water levels 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 water equal to the volume used or needed by the property owner before the disruption of water supply.
(e)(1) Real or personal property within the zone of dewatering influence in karst terrain in Baltimore, Carroll, Frederick, and Washington counties found by the Department to have been damaged as a result of sudden land surface subsidence shall be considered to be repaired adequately by a permittee if the permittee returns the damaged property to its condition before the subsidence of the surface of the land.
(2) If the damaged real or personal property is not capable of being restored to its pre-subsidence condition, the permittee shall compensate the owner of the real or personal property monetarily by the difference of the fair market value of the property as the property would exist but for the sudden land subsidence, and the fair market value of the property as a result of the damage.
(f)(1) The Department may not require a permittee to replace water supplies, as provided in this section, if the permittee demonstrates to the Department by clear and convincing evidence that the proximate cause of the loss of water supply is not the result of pit dewatering.
(2) The permittee may seek reimbursement for the cost of a water supply replacement from the owner of real property that is affected by the surface mine dewatering if after the permittee replaces the water supply it is determined that the permittee's dewatering activity is not the proximate cause of the water supply failure.
(g)(1) The Department shall provide opportunity for a contested case hearing in accordance with Title 10, Subtitle 2 of the State Government Article.
(h) The Department shall adopt regulations to establish an administrative process to expedite the resolution of water supply loss or property damage claims arising under this section.
(i) Compensation, restoration, or mitigation provided by this section does not apply to:
Credits
Added by Acts 1991, c. 379. Amended by Acts 1994, c. 739, § 2, eff. Oct. 1, 1994. Renumbered from Natural Resources § 7-6A-10.2 by Acts 1995, c. 488, § 2, eff. July 1, 1995. Amended by Acts 1995, c. 488, § 16, eff. July 1, 1995; Acts 2019, c. 136, § 1, eff. Oct. 1, 2019; Acts 2019, c. 137, § 1, eff. Oct. 1, 2019; Acts 2021, c. 592, § 1, eff. Oct. 1, 2021.
MD Code, Environment, § 15-813, MD ENVIR § 15-813
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
End of Document |