W. Va. Code R. § 61-12C-6

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 61-12C-6 - Treatment Near Water Wells

6.1. All termiticide labels have statements of caution or prohibition against contamination of water. Treatment of houses with drilled or hand-dug wells must be performed with extreme caution. Contamination of domestic water wells and groundwater can result in label violations and liability claims from the owner of the property being treated and/or neighbors of adjoining property using domestic wells. The licensed pesticide application business must decide whether or not a treatment can be made to a property or portions of a property containing wells.

6.2. Past problems leading to termiticide contamination of wells and groundwater usually involved pressure rodding near well casings, deteriorated and/or abandoned pipes leading to the well, poor well construction, shallow water table, etc. When treating property with existing domestic wells, the pesticide application business must obtain from the property owner the following information on well location and construction. This information shall be a part of the treatment records of the property.

6.2.a. The location and distance of all wells within 100 feet of the structure or structures being treated.

6.2.b. Information on the construction of drilled wells, including but not limited to:

6.2.b.A. the overall depth of the well;

6.2.b.B. the type and depth of the well casing;

6.2.b.C. the presence or absence of grouting around the well casing;

6.2.b.D. the location and condition of any currently used or abandoned supply lines to the property being treated;

6.2.b.E. the integrity of the well casing where supply lines enter the well;

6.2.c. Information on the construction of dug wells, including but not limited to:

6.2.c.A. the overall depth of the well;

6.2.c.B. the depth to the surface of water in the well;

6.2.c.C. the construction of the well, i.e., earth walls, laid stone or block, poured concrete, etc.;

6.2.c.D. the location and condition of any currently used or abandoned supply lines to the property being treated.

6.3. Evaluation of the information gathered in paragraphs 6.2.a, 6.2.b and 6.2.c of this rule may reveal situations where conventional treatments detailed in Sections 4 and 5 of this rule are risky or not applicable to the property in question. The following types of alternative treatment measures have been successful in the past and may be helpful in evaluating whether or not to perform a termiticide application near a well. The pesticide applicator may chose to:

6.3.a. trench and apply the appropriate quantity of termiticide in 2 or more applications.

6.3.b. trench and apply a quantity of termiticide less than the amount specified by the product label.

6.3.c. remove the soil from the foundation, mix it with the appropriate amount of termiticide, spread and dry the soil on plastic and then return it to the foundation.

6.3.d. make structural repairs or changes to the property utilizing pressure treated wood or other materials.

6.4. When alternative methods of treatment are used, the property owner is to be informed as in sub-sections 4.2 and 8.2 of this rule.

W. Va. Code R. § 61-12C-6