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Senate Bill 392 Printer's Number 335

PENNSYLVANIA, February 21 - defined under section 3 of the act of May 1, 1984 (P.L.206,

No.43), known as the Pennsylvania Safe Drinking Water Act.

(2) A person subject to the act of June 24, 1939

(P.L.842, No.365), referred to as the Water Rights Law.

Section 3. Protection of water supplies.

(a) Restoration or replacement.--An operator that affects a

public or private water supply by pollution or diminution during

pipeline construction shall restore or replace the affected

supply with an alternate source of water adequate in quantity or

quality for the purposes served by the supply.

(b) Duties of department.--The department shall ensure that

the quality of a restored or replaced water supply meets the

standards established under the act of May 1, 1984 (P.L.206,

No.43), known as the Pennsylvania Safe Drinking Water Act, or is

comparable to the quality of the water supply before it was

affected by the operator if the water supply exceeded those

standards. The board shall promulgate regulations necessary to

meet the requirements of this section.

Section 4. Pollution or diminution of water supply.

(a) Notification and request.--A landowner or water purveyor

affected by pollution or diminution of a water supply during

pipeline construction may notify the department of the pollution

and request that an investigation be conducted. The department

shall notify the operator of the investigation.

(b) Investigation.--Within 10 days of notification, the

department shall investigate the claim and make a determination

within 45 days following notification.

(c) Findings.--If the department finds that the pollution or

diminution was caused by the pipeline construction or if the

department presumes the operator responsible for pollution under

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