Section 273.245. Water supply replacement

(a) A person or municipality operating a municipal waste landfill which adversely affects a water supply by degradation, pollution or other means shall restore or replace the affected water supply with an alternate source that is of like quantity and quality to the original supply at no additional cost to the owner. For purposes of this section, the term “water supply” includes existing or currently designated or currently planned sources of water or facilities or systems for the supply of water for human consumption or for agricultural, commercial, industrial or other legitimate use, including the uses protected by Chapter 93 (relating to water quality standards).

(b) A temporary water supply shall be provided as soon as practicable but not later than 48 hours after one of the following:

(1) Receipt of information showing that the operator is responsible for adversely affecting the water supply.

(2) Receipt of notice from the Department that the operator is responsible for adversely affecting the water supply.

(c) A permanent water supply shall be provided as soon as practicable but not later than 90 days after one of the following:

(1) Receipt of information showing that the operator is responsible for adversely affecting the water supply.

(2) Receipt of notice from the Department that the operator is responsible for adversely affecting the water supply.

(d) Permanent water supplies include development of a new well with a distribution system, interconnection with a public water supply, or extension of a private water supply, but do not include provision of bottled water or a water tank supplied by a bulk water hauling system, which are temporary water supplies.

The provisions of this § 273.245 amended December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685. Immediately preceding text appears at serial page (243503).

Notation

Notes of Decisions

Defenses to Liability

Subsection (a) does not conflict with the defenses to liability in 53 P. S. § 4000.1104. Adams Sanitation Co. v. Department of Environmental Protection, 683 A.2d 981 (Pa. Cmwlth. 1996); affirmed 715 A.2d 390 (Pa. 1998).

Cross References

This section cited in 25 Pa. Code § 273.252 (relating to general limitations).