Md. Code Regs. 26.21.02.05

Current through Register Vol. 51, No. 22, November 1, 2024

Section 26.21.02.05 - Water Supply Loss Within the Zone of Influence

A. Within the Zone of Dewatering Influence.

(1) The permittee shall:

(a) Notify the Department within 24 hours of any reported or known water supply failure; and

(b) File a written report with the Department within 72 hours of the notification that identifies the cause of the water loss and how and when the permittee will replace water supply.

(2) The Department may extend the time for filing the report based upon the permittee demonstrating that the delay is due to circumstances beyond the control of the permittee.

B. Unless the permittee can demonstrate by clear and convincing evidence that the proximate cause of the water supply loss is not surface mine dewatering, the permittee shall:

(1) Immediately provide a temporary water supply until a permanent replacement can be restored;

(2) Replace at no cost to the property owner a permanent potable water supply that meets the minimum yield requirements established in COMAR 26.04.04;

(3) Notify the property owner that if it is determined by the Department that the permittee's dewatering activity is not the proximate cause of the water supply loss, the cost of water supply replacement is subject to reimbursement by the property owner;

(4) Take responsibility for providing adequate testing to verify the potability of the water supply; and

(5) File, within 15 days of the completion of replacement, a report detailing the procedures taken to replace the failed water supply.

C. If it is determined by the Department that the permittee's dewatering activity is not the proximate cause of the water supply loss, the permittee may seek reimbursement for the cost of the water supply replacement from the affected property owner.

D. If the property owner refuses the permittee permission to enter the land to replace water supplies or to conduct investigations to make a determination of the cause of the water supply loss, the Department shall notify the property owner that, by refusing to grant the permission, the permittee has no obligation to replace the water supply until permission to enter the land is granted.

Md. Code Regs. 26.21.02.05