Section 4000.1104 - Water supply protection(a)Alternative water supply requirement.--Any person owning or operating a municipal waste management facility that adversely affects a public or private water supply by pollution, degradation, diminution or other means shall restore the affected supply at no additional cost to the owner or replace the affected supply with an alternate source of water that is of like quantity and quality to the original supply at no additional cost to the owner. If any person shall fail to comply with this requirement, the department may issue such orders to the person as are necessary to assure compliance.(b)Notification to department.--Any landowner or water purveyor suffering pollution, degradation or diminution of a public or private water supply as a result of solid waste management operations at a municipal waste management facility may so notify the department and request that an investigation be conducted. Within ten days of such notification, the department shall begin investigation of any such claims and shall, within 120 days of the notification, make a determination. If the department finds that the pollution, degradation or diminution was caused by the operation of a municipal waste management facility or if it presumes the owner or operator of a municipal waste facility responsible for pollution, degradation or diminution pursuant to subsection (c), then it shall issue such orders to the owner or operator as are necessary to ensure compliance with subsection (a).(c)Rebuttable presumption.--Unless rebutted by one of the four defenses established in subsection (d), it shall be presumed that the owner or operator of a municipal waste landfill is responsible for the pollution, degradation or diminution of a public or private water supply that is within one-quarter mile of the perimeter of the area where solid waste management operations have been carried out.(d)Defenses.--In order to rebut the presumption of liability established in subsection (c), the owner or operator must affirmatively prove by clear and convincing evidence one of the following four defenses: (1) The pollution, degradation or diminution existed prior to any municipal waste management operations on the site as determined by a preoperation survey.(2) The landowner or water purveyor refused to allow the owner or operator access to conduct a preoperation survey.(3) The water supply is not within one-quarter mile of the perimeter of the area where solid waste disposal activities have been carried out.(4) The owner or operator did not cause the pollution, degradation or diminution.(e)Independent testing.--Any owner or operator electing to preserve its defenses under subsection (d)(1) or (2) shall retain the services of an independent certified laboratory to conduct the preoperation survey of water supplies. A copy of the results of any survey shall be submitted to the department and the landowner or water purveyor in a manner prescribed by the department.(f)Other remedies preserved.--Nothing in this act shall prevent any landowner or water purveyor who claims pollution, degradation or diminution of a public or private water supply from seeking any other remedy that may be provided at law or in equity. 1988, July 28, P.L. 556, No. 101, § 1104, effective in 60 days.