§ 87.47. Alternative water supply information.

 The application shall identify the extent to which the proposed surface mining activities may result in contamination, diminution or interruption of an underground or surface source of water within the proposed permit or adjacent area for domestic, agricultural, industrial or other legitimate use. If contamination, pollution, diminution or interruption may result, then the description shall identify the means to restore or replace the affected water supply in accordance with §  87.119 (relating to hydrologic balance: water rights and replacement).

   The provisions of this §  87.47 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended July 30, 1982, 12 Pa.B. 2473, effective July 31, 1982, 12 Pa.B. 2382.

   The Environmental Hearing Board properly found that the operator of a surface coal mine was required to permanently provide compensation for the increased maintenance costs of an adjacent property owner’s well water supply and establish an individual trust or escrow account for such future costs. Carlson Mining Co., Inc. v. Department of Environmental Resources, 639 A.2d 1332 (Pa. Commw. 1994).

   This section cited in 25 Pa. Code §  87.43 (relating to description of hydrology and geology: general requirements); and 25 Pa. Code §  86.81 (relating to program services).