Current through Register Vol. XLI, No. 50, December 13, 2024
Section 61-22-5 - Legal Authority5.1. State Statutes5.1.a. Existing state statutes are believed to provide adequate authority for the protection of the state's groundwater resources. The state Groundwater Protection Act of 1991 identifies the roles and responsibilities of the various State Agencies. Where authority is lacking under specific statutes, the Groundwater Protection Act of 1991 provides the authority for adopting groundwater protection practices or regulations.5.1.b. The specific existing statutes relevant to groundwater protection from pesticides and fertilizers are:5.1.b.A. Groundwater Protection Act of 1991 (W. Va. Code '20-12-1 et seq.)5.1.b.B. Pesticide Control Act of 1990 (W. Va. Code '19-16A-1 et seq.)5.1.b.C. Wellhead Protection Act (W. Va. Code '16-1-1 et seq.)5.1.b.D. Solid Waste Act (W. Va. Code '22-15-1 et seq.)5.2. Federal statutes administered in some degree by designated state agencies include: 5.2.a. Resource Conservation and Recovery Act (RCRA). U.S. EPA authorizes state agencies to administer its hazardous waste program. The RCRA program regulates the generation, transportation, treatment, storage and disposal of hazardous waste. Facilities regulated under the RCRA program must obtain a permit for pesticide storage, processing or disposal which requires compliance with specific performance standards relating to protection of groundwater.5.2.b. Comprehensive Environmental Response, Compensation and Liability Act (CERCLA). U. S. EPA cooperates with designated state agencies to initiate an appropriate response to releases or threatened releases of hazardous substances. The program partially finances cleanup of sites on the National Priorities List, holds polluters liable for the costs of cleanups and establishes a federal notification requirement for hazardous substances release and assists states in monitoring hazardous sites.5.2.c. Clean Water Act (CWA). Section 106 of the CWA provides funds to states to develop statewide groundwater protection strategies and management programs. Funds provided under Sections 205 (j) (5) and 319 of the CWA allow development and implementation of programs related to prevention and remediation of nonpoint sources of pollution of surface and groundwater, including pollution from pesticides and fertilizers.5.2.d. Safe Drinking Water Act (SDWA). U. S. EPA may designate sole or principal source aquifers, which have been determined to be sensitive to contamination and if contaminated, would pose a public health risk. No federal funds may be committed to a project if EPA determines that the project may contaminate the designated aquifer. Amendments in 1986 to the SDWA provide a mechanism to fund sole source aquifer demonstration projects for state and local governments for groundwater protection programs, which could include pesticide and fertilizer use related projects.