W. Va. Code R. § 61-12G-5

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

Section 61-12G-5 - Powers and Duties of the Commissioner

5.1. The commissioner:

5.1.1. may enter and inspect during reasonable business hours, any location where pesticides are manufactured, distributed, transported, stored or used, and where records relating to the storage, manufacture, distribution, shipment, labeling or use of pesticides are kept;

5.1.2. may coordinate the sampling and inspection program with all other groundwater regulatory agencies within the framework of the Division of Environmental Protection state groundwater management strategy and their rules relating to the monitoring and analysis of groundwater;

5.1.3. shall utilize the Division of Environmental Protection data management system for data on groundwater;

5.1.4. shall notify all well owners of any known contamination of groundwater, conduct a study to determine the cause of the contamination, and assess remediation options for the situation, if contamination is predicted or if known to be occurring due to the residues of pesticides;

5.1.5. shall share data with other appropriate agencies for their evaluation and further investigation;

5.1.6. shall promote the protection of groundwater from pesticides through public education programs;

5.1.7. shall encourage, participate in or conduct or cause to be conducted studies on the environmental impact of the use of pesticides on the groundwaters of this state as well as ecologically and economically sound pesticide use and application practices;

5.1.8. shall take action in the shortest reasonable time to revise this rule when these voluntary best management practices are found to be inadequate to protect the groundwater in this state from contamination with residues of pesticides that affect the present and future beneficial use of the groundwaters of this state when such data is found to be valid and relevant to the conditions found in this state;

5.1.9. shall collect and expend monies as provided under W. Va. Code '22-12-1 et seq. and rules for Groundwater Protection Fees, WV 47 CSR 55.

5.1.10. may cooperate and enter into agreements with governmental agencies of this state or other states, agencies of the federal government and foreign governments and private associations or entities in order to carry out the purpose and provisions of this rule;

5.1.11. shall make reports and recommendations to the Groundwater Coordinating Committee or to the legislature as needed to further the protection of groundwaters in this state;

5.1.12. shall maintain a testing laboratory or contract with other laboratories for the testing of pesticides or pesticide residues and;

5.1.13. shall promulgate additional regulations as necessary to protect groundwater within statutory mandates that may include but not be limited to permitting, licensing and certification, facility design, operational management, closure, remediation and monitoring of water quality.

5.1.14. may issue orders for remediation pursuant to W. Va. Code '22-12-10.

W. Va. Code R. § 61-12G-5