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§ 1406.5c. Voluntary agreement; restoration or replacement of water; deed recital

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 52 P.S. Mines and Mining

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 52 P.S. Mines and Mining (Refs & Annos)
Chapter 16. Bituminous Mine Subsidence and Land Conservation Act (Refs & Annos)
52 P.S. § 1406.5c
§ 1406.5c. Voluntary agreement; restoration or replacement of water; deed recital
Currentness
(a) Nothing contained in this act shall prohibit the mine operator and landowner at any time after the effective date of this section from voluntarily entering into an agreement establishing the manner and means by which an affected water supply is to be restored or an alternate supply is to be provided or providing fair compensation for such contamination, diminution or interruption. Any release contained in such an agreement shall only be valid in releasing the operator from liability for affecting a public or private water supply by contamination, diminution or interruption if all of the following apply:
(1) It clearly states what rights are established by this act.
(2) The landowner expressly acknowledges their release for the consideration rendered.
(3) The contamination, diminution or interruption of the water supply occurs as a result of the mining contemplated by the agreement.
(4) The term of the release does not exceed thirty-five years.
(5) Notwithstanding the provisions of an agreement entered into under this section, in the event that an affected water supply cannot reasonably be restored or that a permanent alternate source, as described in section 5.2(i),1 cannot reasonably be provided within three years of the date on which the supply was adversely affected, the landowner shall have the option of proceeding pursuant to section 5.2(g) and (h).2 Any amounts previously paid to the landowner by the mine operator pursuant to an agreement entered into under this section that were not used by the landowner to restore or replace the affected water supply or to secure a permanent alternate source, as described in section 5.2(i), shall be deducted from the compensation determined to be due pursuant to section 5.2(g).
(b) In every deed for the conveyance of property for which an agreement executed pursuant to subsection (a) is effective at the time of transfer, the grantor shall include in the deed a recital of the agreement and any release contained therein.
(c) Nothing contained in this act shall prevent any landowner or water user who claims contamination, diminution or interruption of a water supply from seeking any other remedy that may be provided at law or in equity. In any proceedings in pursuit of a remedy other than as provided herein, the provisions of this act shall not apply and the party or parties against whom liability is sought to be imposed may assert in defense any rights or waivers arising from provisions contained in deeds, leases or agreements pertaining to mining rights or coal ownership on the property in question.

Credits

1966, Sp.Sess., No. 1, April 27, P.L. 31, § 5.3, added 1994, June 22, P.L. 357, No. 54, § 5, effective in 60 days.

Footnotes

1
52 P.S. § 1406.5b(i).
2
52 P.S. § 1406.5b(g), (h).
52 P.S. § 1406.5c, PA ST 52 P.S. § 1406.5c
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
End of Document