(a) In the case of an EPACT water supply, an
operator may not be required to restore or replace the water supply if one of
the following has occurred:
(1) The
Department has determined that a replacement water supply meeting the criteria
in §
89.145a(f)
(relating to water supply replacement: performance standards) cannot be
developed and the operator has purchased the property for a sum equal to the
property's fair market value immediately prior to the time the water supply was
affected or has made a one-time payment equal to the difference between the
property's fair market value determined immediately prior to the time the water
supply was affected and the fair market value determined at the time payment is
made.
(2) The landowner and
operator have entered into a valid voluntary agreement under section
5.3(a)(5) of The
Bituminous Mine Subsidence and Land Conservation Act (
52 P. S. §
1406.5c(a)(5)) which does
not require restoration or replacement of the water supply and the Department
has determined that an adequate replacement water supply could feasibly be
developed.
(3) The operator can
demonstrate one of the following:
(i) The
contamination, diminution or interruption existed prior to the underground
mining activities as determined by a premining survey, and the operator's
underground mining activities did not worsen the preexisting contamination,
diminution or interruption.
(ii)
The contamination, diminution or interruption occurred more than 3 years after
underground mining activities occurred.
(iii) The contamination, diminution or
interruption occurred as the result of some cause other than the underground
mining activities.
(b) In the case of a water supply other than
an EPACT water supply, an operator will not be required to restore or replace a
water supply if the operator can demonstrate one of the following:
(1) The contamination, diminution or
interruption existed prior to the underground mining activities as determined
by a premining survey, and the operator's underground mining activities did not
worsen the preexisting contamination, diminution or interruption.
(2) The contamination, diminution or
interruption is due to underground mining activities which occurred more than 3
years prior to the onset of water supply contamination, diminution or
interruption.
(3) The
contamination, diminution or interruption occurred as the result of some cause
other than the underground mining activities.
(4) The claim for contamination, diminution
or interruption of the water supply was made more than 2 years after the water
supply was adversely affected by the underground mining activities.
(5) That the operator has done one of the
following:
(i) Has purchased the property for
a sum equal to the property's fair market value immediately prior to the time
the water supply was affected or has made a one-time payment equal to the
difference between the property's fair market value determined immediately
prior to the time the water supply was affected and the fair market value
determined at the time payment is made.
(ii) The landowner and operator have entered
into a valid voluntary agreement under section
5.3 of The Bituminous Mine
Subsidence and Land Conservation Act which does not require restoration or
replacement of the water supply or authorizes a lesser amount of compensation
to the landowner than provided by section
5.3(a)(5) of The
Bituminous Mine Subsidence and Land Conservation
Act.
(c) This
section does not apply to underground mining activities which are governed by
Chapter 87 (relating to surface mining of coal).