In Pennsylvania, there is a law of surface waters identified in legal case law. That is, a municipality or a different home owner is accountable for harm to an adjoining landowner if that initial owner or municipality artificially diverts or channels surface water (like storm water) onto that adjoining home.
Even if there is not further volume of water, if the storm water is diverted resulting in larger intensity or concentrated flow, then there is liability if damages outcome.
A municipality has the suitable to handle storm water and to guard public well being and security. Nevertheless, it ought to balance that with the rights of adjoining landowners.
If a storm drain method or runoff pipes are negligently constructed such that they do not adequately manage the runoff, then there is liability for harm brought on.
This can be identified at the Pennsylvania Storm Water Management Act (32 PS Section 680.13 et seq). The Act needs that there be a program in spot to deal with water runoff resulting from building that entails drainage or alteration of storm water runoff.
If the soil disturbance from a building project is huge sufficient, or if the soil disturbance is close sufficient to a protected waterway, then a permit and/or a soil erosion manage program ought to be filed with the PA Division of Environmental Protection.
So, there are two primary items to be conscious of that may perhaps give rise to a legal claim in Pennsylvania concerning storm water. Initial. if you are performing building involving a huge quantity of soil disturbance or you are inside proximity to a protected stream or waterway, you need to decide regardless of whether you have to have a permit and soil erosion manage program. Second, if you are a homeowner or landowner in which you think that storm or surface water is becoming diverted onto your home at a higher flow or intensity, then you may perhaps have a claim if you have resulting damages.
In the second instance, if you think your home is becoming broken, or there is a resulting injury to a individual, then you need to investigate the supply of the dilemma. If there is current building of culverts or some drainage method, you need to verify with each your neighborhood government and PA Division of Environmental Protection. Obtain out what the project was and regardless of whether there necessary to be a permit and/or erosion and soil manage program. Even if a permit or program was not essential, it nevertheless may perhaps be a violation of the Storm Water Management Act or Pennsylvania case law if the diversion of the surface water was negligently constructed or otherwise artificially channels water at an improved flow or velocity onto your home.
In such legal claims, there may perhaps be legal causes of action for: negligence, trespass, nuisance, or violations of the PA Storm Water Management Act or the PA Clean Streams Law. The Clean Streams Law (35 PS Section 691.1). The Clean Streams Law does enable for private citizen legal claims for pollution runoff into a waterway. It extra frequently applies to PA Division of Environmental Protection or other governmental actions against polluters.
Ordinarily, a legal claim involving an argument that there was a negligently constructed storm water drain or method or artificially channeled water runoff, needs use of an engineer. That engineer would have to have to inspect and possibly do a study to compile engineering findings to help the claims.