25 Pa. Code § 87.119
The provisions for this § 87.119 deleted under section 5 of The Clean Streams Law (35 P.S. § 691.5); sections 4(a) and 4.2 of the Surface Mining Conservation and Reclamation Act (52 P.S. § § 1396.4(a) and 1396.4b); section 3.2 of the Coal Refuse Disposal Control Act (52 P.S. § 30.53b); section 7(b) of The Bituminous Mine Subsidence and Land Conservation Act (52 P.S. § 1406.7(b)); and section 1920-A of The Administrative Code of 1929 (71 P.S. § 510-20).
The provisions of this § 87.119 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; amended May 8, 1998, effective May 9, 1998, 28 Pa.B. 2215; amended June 17, 2011, effective June 18, 2011, 41 Pa.B. 3084; deleted June 25, 2021, effective June 26, 2021, 51 Pa.B. 3449. Immediately preceding text appears at serial pages (400921) to (400922) and (357523) to (357524).
Costs
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., v. Department of Environmental Resources, 639 A.2d 1332 (Pa. Cmwlth. 1994); appeal denied by 649 A.2d 676 (Pa. 1994).