W. Va. Code R. § 61-22-12

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

Section 61-22-12 - Actions in Response to Contamination

12.1. If contamination is predicted based on chemical properties, vulnerability assessment and site vulnerability modelling; the prevention philosophy of the State Management Plan will require the development of voluntary BMP's to be in place without evidence of contamination. Educational programs designed to prevent contamination will focus on those products or practices that have the highest probability of impacting ground water quality.

12.2. When contamination is detected and confirmed by monitoring activities, the well owner will be notified and a site investigation will be conducted to determine if the cause as due to a point source or a nonpoint source.

12.3. If the contamination is determined to be caused by a point source, the case will be referred to the appropriate department for investigation of possible label or code violations and corrective action. Data will be entered in the data base. Concentrations detected will be compared to health-based standards and possible remediation considered if standards are exceeded.

12.4. Nonpoint source

12.4.a. If the cause of contamination is determined to be due to nonpoint sources, data will be entered into the central date base, and additional wells in the area will be monitored and investigated. Using the best professional judgement, several options are available to the department.

12.4.b. If health-based standards are currently exceeded, or if previously obtained monitoring data demonstrate an increasing trend of concentrations such that health-based standards might be exceeded in the future in the absence of changes in management, mandatory practices could be enacted, including possible restriction of use in vulnerable areas.

12.4.c. If current levels of contamination do not exceed health-based standards and there is no documented trend toward exceedance, voluntary BMP's would be implemented along with an educational and awareness program in affected areas.

12.4.d. Intensified monitoring would be carried out in the affected area to determine the success of BMP's. If concentrations found increase over time such that health-based standards might be exceeded in the future, mandatory management practices would be imposed.

W. Va. Code R. § 61-22-12