W. Va. Code R. § 61-22B-3

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

Section 61-22B-3 - Protection of Groundwater From Point Sources

3.1. Each person should store and handle fertilizers and manures in a manner to prevent pollution by minimizing losses to the groundwaters in this state.

3.2. Each person should store fertilizers inside a sound structure or device having a cover or roof top, sidewalls, and a base sufficient to prevent contact with precipitation and surface water. Each person should store manure in a facility that meets or exceeds the standards of the Soil Conservation Service Field Office Technical Guide. If these conditions are not met then no person should store fertilizer or manure:

3.2.a. without a tarpaulin or other suitable covering to prevent seepage or run-off to surface or groundwater;

3.2.b. on land within one hundred (100) feet of shallow wells, or wells that do not meet the Water Well Design Standards set by WV 64 CSR 46 et seq. (effective June 8, 1984);

3.2.c. on land within fifty (50) feet from surface water, including springs, ponds, wet areas or other collection points for surface water;

3.2.d. on land within fifty (50) feet of an open portal of a sinkhole;

3.2.e. on land that has a slope greater than fifteen percent (15%), unless measures are taken to divert runoff of precipitation from the slopes above the storage area from the fertilizer or manure;

3.2.f. on land that has a seasonable groundwater table that is less than two (2) feet from the surface;

3.2.g. on land that has less than twenty (20) inches of soil over bedrock or an impervious pan; or

3.2.h. on land that has a reasonable expectation of having a flood event resulting from a twenty-five (25) year - twenty-four (24) hour frequency storm during the storage period.

3.3. Each person should conduct mixing and loading operations for liquid fertilizers or for fertilizers containing pesticides at least one hundred (100) feet from any wellhead or within a watertight loading pad.

3.4. When cleaning equipment used for storing or applying fertilizers or manures, each person should use extreme care that waste water or spillage from the operation is recovered and applied at normal agronomic rates or otherwise disposed of in a manner that will not contaminate groundwater.

3.5. All persons owning a dry or abandoned well in the area where fertilizers or manures are stored and used should plug the well according to the Water Well Design Standards WV 64 CSR 46 et seq. (effective June 8, 1984).

3.6. All persons practicing fertigation should use a proper antibacksiphon device.

W. Va. Code R. § 61-22B-3