W. Va. Code R. § 61-12G-4

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

Section 61-12G-4 - Program and Policy Statements

4.1. The commissioner finds that the current knowledge of the soils of the state and the leaching of many of the active ingredients found in pesticides is, in many instances, not sufficient to allow for the development of statewide mandatory use and application practices other than the directions for use found on pesticide product labels as registered by the U.S. Environmental Protection Agency or the commissioner for use in this state.

4.2. The commissioner encourages the use of voluntary best management practices promulgated by rules that may be effective in the protection of the groundwaters of the state.

4.3. The commissioner encourages the education of all users of pesticides so that they have the knowledge and technical means to respond independently and voluntarily in addressing environmental concerns. The commissioner shall encourage the development of training and educational programs for persons who make recommendations for the application of pesticides and for the persons who apply pesticides.

4.4. The commissioner may develop chemical specific or generic mandatory best management practices by rule for the storage and use of pesticides.

4.5. The commissioner shall promulgate rules to make some or all of the voluntary best management practices mandatory in a portion or all of the state when the monitoring program indicates that the concentrations of residues from pesticides in groundwater are increasing or other valid data shows that concentrations exceeding the water quality standards have occurred. The commissioner shall utilize data averaged from at least four samples over a one year period to determine if the water quality standards have been exceeded or there is a trend of increasing concentrations of pesticide residues.

4.6 The commissioner shall review the voluntary and mandatory programs every five (5) years to determine the effectiveness of the programs and will effect change in the programs if the voluntary and/or mandatory programs are not effective or if the current best available technology needs to be incorporated into these programs.

W. Va. Code R. § 61-12G-4