Section 670.209  Finding of Certification Adequacy

a)         When a certification has been provided with respect to which the Agency has made a finding of adequacy or has failed to act in a timely manner pursuant to Section 670.205 of this Subpart, the site shall not be subject to the provisions of subsection (d) of Section 14.2 or Section 14.4 of the Act and regulations adopted thereunder for the following time periods:

1)         Three years, if the site is located within a minimum or maximum setback zone, during which time the owner must recertify to continue such status;

2)         Five years, if the site is located within a regulated recharge area, during which time the owner must recertify to continue such status; or

3)         90 days past the time when a change of ownership takes place, during which time the new owner must recertify to continue such status.   (Section 14.5(d) of the Act)

b)         Except as provided in subsections (c) and (h) of Section 14.2 of the Act and Section 14.5 of the Act, no new potential route or potential primary source or potential secondary source may be placed within 400 feet of any existing or permitted community water supply well deriving water from an unconfined shallow fractured or highly permeable bedrock formation or from an unconsolidated and unconfined sand and gravel formation.  The Agency notified the owner and operator of each well which is afforded this setback protection and that was existing on the effective date of this provision and shall maintain a directory of all community water supply wells to which the 400 foot minimum setback zone applies.  (Section 14.2(d) of the Act)