25 Pa. Code § 78a.51 - Protection of water supplies
(a) A
well operator who affects a public or private water supply by pollution or
diminution shall restore or replace the affected supply with an alternate
source of water adequate in quantity and quality for the purposes served by the
supply as determined by the Department.
(b) A landowner, water purveyor or affected
person suffering pollution or diminution of a water supply as a result of oil
and gas operations may so notify the Department and request that an
investigation be conducted. Notice shall be made to the appropriate Department
regional office or by calling the Department's Statewide toll free number at
(800) 541-2050. The notice and request must include the following:
(1) The name, address and telephone number of
the person requesting the investigation.
(2) The type, location and use of the water
supply.
(3) Available background
quality and quantity data regarding the water supply, if known.
(4) Well depth, pump setting and water level,
if known.
(5) A description of the
pollution or diminution.
(c) Within 10 calendar days of the receipt of
the investigation request, the Department will investigate the claim and will,
within 45 calendar days of receipt of the request, make a determination. If the
Department finds that pollution or diminution was caused by the oil and gas
operations or if it presumes the well operator responsible for polluting the
water supply of the landowner or water purveyor under section 3218(c) of the
act (relating to protection of water supplies) as a result of completion,
drilling, stimulation or alteration of the unconventional well, the Department
will issue orders to the well operator necessary to assure compliance with this
section. The presumption established by section 3218(c) of the act is not
applicable to pollution resulting from well site construction.
(d) A restored or replaced water supply
includes any well, spring, public water system or other water supply approved
by the Department, which meets the criteria for adequacy as follows:
(1)
Reliability, cost, maintenance
and control. A restored or replaced water supply, at a minimum, must:
(i) Be as reliable as the previous water
supply.
(ii) Be as permanent as the
previous water supply.
(iii) Not
require excessive maintenance.
(iv)
Provide the water user with as much control and accessibility as exercised over
the previous water supply.
(v) Not
result in increased costs to operate and maintain. If the operating and
maintenance costs of the restored or replaced water supply are increased, the
operator shall provide for permanent payment of the increased operating and
maintenance costs of the restored or replaced water supply.
(2)
Quality. The quality of
a restored or replaced water supply will be deemed adequate if it meets the
standards established under the Pennsylvania Safe Drinking Water Act
(35
P.S. §§
721.1-721.17), or is
comparable to the quality of water that existed prior to pollution if the water
quality was better than these standards.
(3)
Adequate quantity. A
restored or replaced water supply will be deemed adequate in quantity if it
meets one of the following as determined by the Department:
(i) It delivers the amount of water necessary
to satisfy the water user's needs and the demands of any reasonably foreseeable
uses.
(ii) It is established
through a connection to a public water supply system that is capable of
delivering the amount of water necessary to satisfy the water user's needs and
the demands of any reasonably foreseeable uses.
(iii) For purposes of this paragraph and with
respect to agricultural water supplies, the term "reasonably foreseeable uses"
includes the reasonable expansion of use where the water supply available prior
to drilling exceeded the actual use.
(4)
Water source serviceability.
Replacement of a water supply includes providing plumbing,
conveyance, pumping or auxiliary equipment and facilities necessary for the
water user to utilize the water supply.
(e) If the water supply is for uses other
than human consumption, the operator shall demonstrate to the Department's
satisfaction that the restored or replaced water supply is adequate for the
purposes served by the supply.
(f)
Tank trucks or bottled water are acceptable only as temporary water replacement
for a period approved by the Department and do not relieve the operator of the
obligation to provide a restored or replaced water supply.
(g) If the well operator and the water user
are unable to reach agreement on the means for restoring or replacing the water
supply, the Department or either party may request a conference under section
3251 of the act (relating to conferences).
(h) A well operator who receives notice from
a landowner, water purveyor or affected person that a water supply has been
affected by pollution or diminution shall report receipt of notice from an
affected person to the Department within 24 hours of receiving the notice.
Notice shall be provided electronically to the Department through its web site.
Notes
This section cited in 25 Pa. Code § 78a.66 (relating to reporting and remediating spills and releases).
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