In Pennsylvania, there is a surface water law, found in jurisprudence. That is, one municipality or another owner is liable for damage to an adjacent owner if that first owner or municipality artificially drains it into shallow water (including storm water).
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Even if there is additional water volume, if stormwater diversion causes higher intensity or concentrated flow, then there is liability if damage is caused.
A municipality has the right to manage stormwater and to protect public health and safety. However, it has to balance it with the rights of its owners.
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If a storm drainage system or drainage pipeline is constructed negligently, if the drain is not properly controlled, then there is liability for the damage caused.
Pennsylvania can be found in the Pennsylvania Storm Management Act (32 PS 680.13 et seq.). The law provides that there must be a plan in place to manage water leakage resulting from stormwater runoff or runoff.
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If the soil disturbance in a construction project is large enough or is close enough to a protected waterway, a permit and / or soil erosion control plan must be submitted with the Department of Environmental Protection.
So there are two main things that can lead to a legal claim for stormwater in Pennsylvania. The first. if you are doing construction that is a major disturbance to the soil or is near a protected stream or waterway, you should determine whether you need a permit and a control plan for erosion of the soil. Second, if you are a homeowner or landowner, if you believe that stormwater or surface water is flowing into your property or is diverting with greater intensity, you may have a claim for damages.
In the second case, if you believe your property is damaged or may cause harm to a person, you should investigate the source of the problem. The last time you have new buildings or a drainage system, you should check with your local government and the Department of Environmental Protection. Find out what the project was and whether it needed a permit and / or erosion and soil control plan. Although no permit or plan is required, it can still be a violation of the Stormwater Management Act or Pennsylvania jurisprudence, if surface water diversion is carelessly constructed or otherwise artificially diverting water to your property or at high speeds. .
There may be legal grounds for action in such legal claims: negligence, abuse, misappropriation, or violation of the PA Stormwater Management Act or the PA Clean Streams Act. The Law of Clean Currents (35 PS 691.1). The Clean Water Act allows private citizens to escape into rivers that pollute streams. It applies more often to the Department of Environmental Protection or other government action against pollutants.
Usually, a claim that there was a stormwater sewer or system or artificially piped water filter requires the use of an engineer. Engineering should conduct a study and possibly a study to support the claims in order to gather engineering findings.