Website design By BotEap.comIn Pennsylvania, there is a surface water law found in legal case law. That is, a municipality or other owner is liable for damage to an adjoining owner if that first owner or municipality artificially diverts or funnels surface water (including stormwater) to that adjoining property.

Website design By BotEap.comEven if there is no additional volume of water, if the rainwater is diverted resulting in a higher intensity or concentrated flow, then there is liability if damage occurs.

Website design By BotEap.comA municipality has the right to manage stormwater and protect public health and safety. However, you need to balance that with the rights of neighboring homeowners.

Website design By BotEap.comIf a storm drain system or sewer pipes are negligently constructed so that they do not adequately control runoff, then there is liability for damage caused.

Website design By BotEap.comThis can be found in the Pennsylvania Stormwater Management Act (32 PS Section 680.13 et seq). The Act requires that there be a plan to manage water runoff resulting from construction that involves drainage or alteration of stormwater runoff.

Website design By BotEap.comIf the soil disturbance from a construction project is large enough, or if the soil disturbance is close enough to a protected waterway, then a permit and / or soil erosion control plan must be submitted to the PA Department of Environmental Protection.

Website design By BotEap.comTherefore, there are two main things to keep in mind that can lead to a legal claim in Pennsylvania regarding stormwater. First. If you are doing construction that involves a great deal of soil disturbance or if you are near a stream or protected waterway, you need to determine if you need a permit and a soil erosion control plan. Second, if you own a home or land where you believe storm or surface water is being diverted onto your property at a higher flow or intensity, then you may have a claim if you have consequential damages.

Website design By BotEap.comIn the second case, if you believe that your property is being damaged, or if there is a resulting injury to a person, then you should investigate the source of the problem. If there is recent construction of sewers or any drainage system, you should check with both your local government and the PA Department of Environmental Protection. Find out what the project was and if a permit and / or soil and erosion control plan was required. Even if a permit or plan was not required, it may still be a violation of the Stormwater Management Act or Pennsylvania jurisprudence if the surface water diversion was negligently constructed or if it artificially funnels the water to a higher flow or speed towards your property. .

Website design By BotEap.comIn such legal claims, there may be legal causes of action for: negligence, trespassing, nuisance, or violations of the PA Stormwater Management Act or the PA Clean Stream Act. The Clean Currents Act (35 PS Section 691.1). The Clean Currents Law allows legal claims from private citizens for runoff of pollution in a waterway. It is most often applied to the Pennsylvania Department of Environmental Protection or other government action against polluters.

Website design By BotEap.comGenerally, a legal claim involving an argument that there was a negligently constructed sewer or stormwater system or artificially channeled water runoff requires the use of an engineer. That engineer would need to inspect and possibly do a study to compile the engineering findings to support the claims.