<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".05" citation="COMAR 26.21.02.05" title_num="26" subtitle_num="21" chapter_num="02" heading="Water Supply Loss Within the Zone of Influence.">
  <paragraph num="A.">
    <text>Within the Zone of Dewatering Influence.</text>
    <paragraph num="(1)">
      <text>The permittee shall:</text>
      <paragraph num="(a)">
        <text>Notify the Department within 24 hours of any reported or known water supply failure; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>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.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>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.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>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:</text>
    <paragraph num="(1)">
      <text>Immediately provide a temporary water supply until a permanent replacement can be restored;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>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;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>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;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Take responsibility for providing adequate testing to verify the potability of the water supply; and</text>
    </paragraph>
    <paragraph num="(5)">
      <text>File, within 15 days of the completion of replacement, a report detailing the procedures taken to replace the failed water supply.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>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.</text>
  </paragraph>
  <paragraph num="D.">
    <text>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.</text>
  </paragraph>
</regulation>