PRINTER'S NO. 446
No. 411 Session of 1987
INTRODUCED BY REBER, LASHINGER, JAROLIN, HECKLER, HALUSKA,
SCHULER, TIGUE, G. SNYDER, NOYE, PHILLIPS, KUKOVICH, MORRIS,
BELFANTI, NAHILL, SHOWERS, SCHEETZ, BUNT, VEON, HERMAN,
HAGARTY AND E. Z. TAYLOR, FEBRUARY 24, 1987
REFERRED TO COMMITTEE ON CONSERVATION, FEBRUARY 24, 1987
AN ACT
1 Providing for compensation for individuals whose private water
2 supply is rendered unusable as the result of ground water
3 contamination; providing for penalties; and making an
4 appropriation.
5 TABLE OF CONTENTS
6 Section 1. Short title.
7 Section 2. Definitions.
8 Section 3. Powers and duties of board.
9 Section 4. Powers and duties of department.
10 Section 5. Private water supplies for which a claim may be
11 submitted.
12 Section 6. No compensation for certain substances.
13 Section 7. Claimants.
14 Section 8. Application.
15 Section 9. Required proof.
16 Section 10. Purpose of the award.
17 Section 11. Issuance of award.
18 Section 12. Awards.
1 Section 13. Reconstruction or replacement of wells.
2 Section 14. Coordination of compensation and remedial action.
3 Section 15. New claims.
4 Section 16. Tolling of statute of limitations.
5 Section 17. Time for submission of claim.
6 Section 18. Enforcement.
7 Section 19. Penalties.
8 Section 20. Appropriation.
9 Section 21. Effective date.
10 The General Assembly of the Commonwealth of Pennsylvania
11 hereby enacts as follows:
12 Section 1. Short title.
13 This act shall be known and may be cited as the Ground water
14 Contamination Compensation Act.
15 Section 2. Definitions.
16 The following words and phrases when used in this act shall
17 have the meanings given to them in this section unless the
18 context clearly indicates otherwise:
19 "Alternate water supply." A supply of water, acceptable in
20 quality and quantity, obtained in bottles by tank truck or other
21 similar means.
22 "Board." The Environmental Quality Board.
23 "Community water system." A public water system which serves
24 at least 15 service connections used by year-round residents or
25 which regularly serves at least 25 year-round residents.
26 "Department." The Department of Environmental Resources of
27 the Commonwealth.
28 "Ground water." Water beneath the surface of the ground,
29 whether or not flowing through known and definite channels,
30 including water contained in aquifers, artesian and nonartesian
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1 basins, underground water courses and other bodies of water
2 below the surface of the earth.
3 "Noncommunity water system." A public water system that is
4 not a community water system.
5 "Private water supply." A water well or other water supply
6 which is not a public water supply. A private water supply can
7 be connected to no more than 14 dwelling units.
8 "Public water system." A system for the provision to the
9 public of water for human consumption which system has at least
10 15 service connections or regularly serves an average of at
11 least 25 individuals daily at least 60 days out of the year. The
12 term includes:
13 (1) Treatment, storage and distribution facilities under
14 control of the operator of the system and used in connection
15 with the system.
16 (2) Pretreatment storage facilities not under control of
17 the operator of a system which facilities are used in
18 connection with the system.
19 (3) Collective facilities used in connection with the
20 system.
21 (4) A system which provides water for bottling or bulk
22 hauling for human consumption.
23 "Secretary." The Secretary of Environmental Resources of the
24 Commonwealth.
25 "Well." An excavation that is constructed for the location,
26 diversion or acquisition of ground water.
27 Section 3. Powers and duties of board.
28 The board shall have the power and its duty shall be to
29 promulgate regulations implementing this act. The regulations
30 shall include procedures for the submission, review and
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1 determination of claims under this act.
2 Section 4. Powers and duties of department.
3 The department shall:
4 (1) Assist claimants in submitting a complete
5 application under section 8.
6 (2) Issue awards under this act.
7 Section 5. Private water supplies for which a claim may be
8 submitted.
9 (a) Eligibility.--A claim may be submitted for a private
10 water supply which, at the time of submitting the claim, is:
11 (1) Contaminated.
12 (2) Used or constructed for use as a source of potable
13 water.
14 (b) Contamination.--For the purposes of this section, a
15 private water supply is contaminated if either of the following
16 apply:
17 (1) The private water supply contains contaminants in
18 excess of a primary maximum contaminant level promulgated
19 either by the Commonwealth or under the Safe Drinking Water
20 Act (Public Law 93-593, 42 U.S.C. §§ 300f through 300j-9).
21 (2) The department or the Department of Health has
22 advised that the private water supply not be used because of
23 potential human health risks.
24 Section 6. No compensation for certain substances.
25 The department shall not award compensation under this act if
26 a private water supply is contaminated by bacteria generated
27 from a source on the claimant's property and is not contaminated
28 by any other substance.
29 Section 7. Claimants.
30 (a) General rule.--Except as provided in subsection (b), a
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1 person who is the landowner or lessee of property which is
2 served by a private water supply meeting the requirements of
3 section 5 as the sole source of potable water, or the spouse,
4 dependent, heir, assignee or legal representative of the
5 landowner or lessee, may submit a claim under this act.
6 (b) Exclusion.--The following entities may not submit a
7 claim:
8 (1) The Commonwealth.
9 (2) An office, department, independent agency,
10 institution of higher education, association, society or
11 other body in State government.
12 (3) A county, city, borough, town, township, village or
13 school district or an authority created by any of them.
14 (4) A Federal agency, department or instrumentality.
15 (5) An interstate agency.
16 (6) The landowner or lessee of property which is served
17 by a public water supply.
18 Section 8. Application.
19 (a) Submission.--A claimant shall submit a claim on forms
20 provided by the department. The claimant shall verify the claim
21 by affidavit.
22 (b) Contents.--The claim shall contain:
23 (1) Facts which show that the private water supply is
24 contaminated.
25 (2) Documentation of the costs of water tests paid for
26 by the claimant.
27 (3) Any information available to the claimant regarding
28 possible sources of contamination of the private water
29 supply.
30 (4) Other information requested by the department.
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1 (c) Completion.--The department shall notify the claimant if
2 the claim is complete or specify the additional information
3 which is required to be submitted. If the claimant does not
4 submit a complete claim, as determined by the department, the
5 department may not proceed under this section until it receives
6 a complete claim.
7 (d) Effect.--A claim constitutes:
8 (1) If the claimant is the landowner or lessee, consent
9 to allow the department to enter the property where the
10 private water supply is located during normal business hours
11 and to conduct investigations or tests necessary to verify
12 the claim.
13 (2) Consent by the claimant to cooperate with the
14 Commonwealth in administrative, civil or criminal action
15 involving a person or activity alleged to have caused the
16 private water supply to become contaminated.
17 (e) Consolidation.--The department may consolidate claims if
18 more than one claimant submits a claim for the same private
19 water supply.
20 Section 9. Required proof.
21 (a) Alternate supply.--In order to obtain an award for an
22 alternate water supply, the claimant must submit the test
23 results of one sample showing that the private water supply is
24 contaminated.
25 (b) Correction.--In order to obtain an award for correction
26 under section 10(3), the claimant must submit the test results
27 of two samples showing that the private water supply is
28 contaminated.
29 (c) Rejection.--The department may reject test results
30 submitted under this section which are not sufficiently recent
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1 to prove that the private water supply is contaminated.
2 (d) Additional testing.--The department may, at its own
3 expense, test additional samples from any private water supply
4 for which a claim is submitted. Tests shall be conducted by a
5 laboratory which is certified to conduct tests for safe drinking
6 water by the department or under the authority of the Safe
7 Drinking Water Act (Public Law 93-593, 42 U.S.C. §§ 300f through
8 300j-9).
9 Section 10. Purpose of the award.
10 Within the limits under sections 12 and 14, if the department
11 finds that the claimant has met the requirements of this act and
12 regulations promulgated under this act and if the department
13 finds that the private water supply is contaminated, the
14 department shall issue a declaration of eligibility for an award
15 for the purposes of:
16 (1) Testing the private water supply.
17 (2) Obtaining an alternate water supply.
18 (3) Any one of the following:
19 (i) Equipment used for treating the water.
20 (ii) Reconstructing the well.
21 (iii) Constructing a new well.
22 (iv) Providing a connection to a public or private
23 water supply.
24 (4) Purchasing a new pump if a larger pump is necessary
25 due to the greater depth of a new or reconstructed well.
26 (5) Abandoning a contaminated well, if a new well is
27 constructed or the premises is connected to another well.
28 Section 11. Issuance of award.
29 (a) Fault not a factor.--Awards shall be issued without
30 regard to fault.
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1 (b) Contributory negligence.--Contributory negligence is not
2 a bar to recovery, and no award may be diminished as the result
3 of negligence attributable to the claimant.
4 (c) Departmental action.--After the department determines
5 that the claimant is eligible for an award, the department
6 shall:
7 (1) Issue an award for testing the private water supply
8 within 30 days after the determination of eligibility.
9 (2) Issue an award for an alternate water supply, as a
10 lump sum payment, within 30 days after the determination of
11 eligibility.
12 (3) Issue an award for any of the purposes under section
13 10(3) through (5) within 30 days after the claimant submits
14 receipts showing that the costs under section 10(3) through
15 (5) have been incurred or within 30 days after the
16 determination of eligibility, whichever is later.
17 (d) Consolidation.--If the portion of the award under
18 subsection (c)(1) is less than $50, the department may
19 consolidate that award with the portion of the award under
20 subsection (c)(3), subject to the time limits under subsection
21 (c)(3).
22 (e) Advance payment.--Notwithstanding subsection (c), the
23 department shall issue an advance payment for the tests required
24 under section 9(a) and (b) if the department or the Department
25 of Health has advised that the private water supply not be used
26 because of potential health risks.
27 (f) Insufficient appropriation.--If the appropriation in
28 section 20 is insufficient to pay all claims, the department
29 shall pay claims in full until the appropriation is exhausted
30 and delay payment of remaining claims until sufficient funds are
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1 available to pay the claims.
2 Section 12. Awards.
3 (a) Denial.--The department shall deny a claim if any of the
4 following apply:
5 (1) The claim is not within the scope of this act.
6 (2) The contaminant was introduced into a private water
7 supply through the plumbing connected to the private water
8 supply.
9 (3) The contamination was caused intentionally by the
10 claimant.
11 (4) The claimant submitted a fraudulent claim.
12 (5) The contaminant which gives rise to the claim is a
13 naturally occurring substance, and the concentration of the
14 contaminant in the water from the public water supply does
15 not significantly exceed the background concentration of the
16 contaminant in ground water at that location.
17 (6) The claim is for reimbursement of costs under
18 section 10(2) through (5) incurred before the department
19 determined that the claim was complete under section 8(c).
20 (b) Conditions.--
21 (1) An award of reconstruction of a well or construction
22 of a new well may include the cost of pump only if a larger
23 pump is necessary because the new or reconstructed well is
24 deeper than the contaminated well.
25 (2) An award may be issued for water treatment only if
26 the contamination cannot be remedied by reconstruction or
27 replacement of the well or if connection to another water
28 supply is not feasible.
29 (c) Regulations.--The board shall promulgate regulations to
30 establish the usual and customary costs of each item for which
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1 an award may be issued under section 10. The regulations shall
2 reflect the range of costs resulting from differences in costs
3 of construction, labor, equipment and supplies throughout this
4 Commonwealth; various soil and bedrock conditions; sizes and
5 depths of wells; types of well construction; and other factors
6 which may affect the costs. The department shall determine the
7 amount of awards, including the limits on awards in subsections
8 (d) and (e), according to regulations adopted under this
9 subsection.
10 (d) General limits.--Awards shall be issued with no
11 limitation on amount if the costs are reasonably consistent with
12 the regulations adopted under subsection (c) except as follows:
13 (1) An award for an alternate water supply shall be
14 limited to the amount necessary to obtain water for a one-
15 year period except as provided in section 14.
16 (2) If the contamination can be remedied by
17 reconstruction of a well, construction of a new well or
18 connection to another water supply, the department shall
19 issue an award for the least expensive means of remedying the
20 contamination.
21 (3) If connection with another private water supply is
22 both feasible and less expensive than a new or reconstructed
23 well, the department shall issue an award to connect with the
24 private water supply, less the amount paid by the claimant
25 under paragraph (5).
26 (4) An award for connecting to a public water supply
27 shall be limited to the following amounts, less the amount
28 paid by the claimant under paragraph (5):
29 (i) An amount less than or equal to the cost of
30 reconstructing the well or constructing a new well, if
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1 the contamination can be remedied by a new or
2 reconstructed well.
3 (ii) An amount less than or equal to 150% of the
4 cost of reconstructing the well or constructing a new
5 well, if the contamination cannot be remedied by a new or
6 reconstructed well.
7 (5) The claimant shall pay 20% of the costs under
8 section 10(3) through (5), or $500, whichever is less.
9 (6) An award for testing shall be limited to the amount
10 necessary to conduct the number of tests required under
11 section 9(a) and (b).
12 (e) Nitrates.--If a private water supply is contaminated by
13 nitrate or nitrite and is not contaminated by any other
14 substance, the award shall be limited as follows:
15 (1) If the private water supply is used as a source of
16 potable water for human consumption, the award shall be
17 limited to the amount necessary to test the water and to
18 provide an alternate water supply for an infant under the age
19 of six months who regularly occupies the premises and who
20 would otherwise use the private water supply as a source of
21 drinking water.
22 (2) If the private water supply is used as a source of
23 potable water for livestock, an award under section 10 shall
24 be made only if the private water supply produces water
25 containing more than ten milligrams per liter of nitrate
26 nitrogen or more than 45 milligrams per liter of nitrate.
27 Section 13. Reconstruction or replacement of wells.
28 If the department determines that the claimant is entitled to
29 compensation for reconstruction of a well or construction of a
30 new well, the department may only issue the award if the well is
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1 constructed by a well driller licensed under the act of May 29,
2 1956 (1955 P.L.1840, No.610), known as the Water Well Drillers
3 License Act.
4 Section 14. Coordination of compensation and remedial action.
5 If the secretary determines that the implementation of a
6 response to ground water contamination under the act of July 7,
7 1980 (P.L.380, No.97), known as the Solid Waste Management Act;
8 the act of June 22, 1937 (P.L.1987, No.394), known as The Clean
9 Streams Law; the Comprehensive Environmental Response,
10 Compensation, and Liability Act of 1980 (Public Law 96-510, 26
11 U.S.C. § 4611 et seq. and 42 U.S.C. § 9601 et seq.); or any
12 other pertinent State or Federal statute can be expected to
13 remedy the contamination in a private water supply in less than
14 two years, the secretary may order the delay of an award under
15 section 10(3) through (5) for up to a two-year period. If the
16 secretary issues an order under this section, the department
17 shall issue an award for an alternate water supply while the
18 order is in effect or until the private water supply is no
19 longer contaminated as defined under section 5(b), whichever is
20 earlier. If at the end of the effective period of the order, the
21 department determines that the private water supply is not
22 contaminated, the department may not issue an award for any of
23 the purposes under section 10(3) through (5).
24 Section 15. New claims.
25 A claimant who receives an award for the purpose of treating
26 water, reconstructing a well or constructing a new well or
27 connecting to a private water supply may submit a new claim if
28 the well or water treatment device was constructed and operated
29 properly and the contamination is not eliminated. Only one
30 additional claim may be submitted under this act within ten
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1 years after the initial award is made.
2 Section 16. Tolling of statute of limitations.
3 Any law limiting the time for commencement of an action is
4 tolled by the filing of a claim. The law limiting the time for
5 commencement of the action is tolled for the period from the
6 first filing of a claim until the department issues an award
7 under this section. If a period of limitation is tolled by the
8 filing of a claim and the time remaining after issuance of the
9 final award is less than 30 days, the period within which the
10 action may be commenced is extended to 30 days from the date of
11 issuance of the final award.
12 Section 17. Time for submission of claim.
13 A claim may be submitted irrespective of the time when the
14 contamination is or could have been discovered in the private
15 water supply. A claim may be submitted for contamination which
16 commenced before the effective date of this act and continues at
17 the time a claim is submitted under this act.
18 Section 18. Enforcement.
19 The department may suspend or revoke a license issued under
20 the act of May 29, 1956 (1955 P.L.1840, No.610), known as the
21 Water Well Drillers License Act, if the department finds that
22 the licensee falsified information submitted pursuant to this
23 act. The appropriate agency may suspend or revoke the license of
24 a plumber licensed under section 1 of the act of July 7, 1911
25 (P.L.680, No.272), entitled "An act providing for the
26 examination, licensure, and registration of persons, firms, or
27 corporations engaged or engaging in the business or work of
28 plumbing or house drainage, and prescribing certain rules,
29 regulations, and requirements for the construction of plumbing,
30 house drainage, and cesspools in cities of the first class, and
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1 imposing fines, penalties, and forfeitures for violation
2 thereof," or section 1 of the act of June 7, 1901 (P.L.493,
3 No.245), entitled "An act providing for the examination,
4 licensure and registration of persons, firms or corporations
5 engaged or engaging in the business or work of plumbing or house
6 drainage, and prescribing certain rules, regulations and
7 requirements for the construction of plumbing, house drainage
8 and cesspools, in cities of the second class, and imposing
9 fines, penalties and forfeitures for violation thereof," if
10 notified by the department that the plumber falsified
11 information submitted pursuant to this act.
12 Section 19. Penalties.
13 A person who causes or exacerbates the contamination of a
14 private water supply for the purpose of submitting a claim under
15 this act or who submits a fraudulent claim under this act shall
16 forfeit not less than $50 nor more than $1,000 and shall repay
17 the amount of any award issued to him.
18 Section 20. Appropriation.
19 The sum of $1,500,000, or as much as may be necessary, is
20 appropriated to the Department of Environmental Resources for
21 fiscal year July 1, 1986, to June 30, 1987, for the
22 implementation of this act.
23 Section 21. Effective date.
24 This act shall take effect immediately.
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