reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 47 - Water Resources, Division Of Water And Waste Management › Title 47 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER RESOURCES › Series 47-40B - Hazardous Waste Emergency Response Fund Regulations Interpretive Rules Concerning Fee Assessment › Section 47-40B-6 - Enforcement

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Provision
				interpreted: West Virginia Code § 20-5G-5(f).
Under Section 5(f) of the HWERF, the director is authorized
				  to institute a civil action against any generator for failure to pay any fee
				  assessed pursuant to the Act. Such action against a generator may be brought in
				  either Kanawha County or the county in which the generator does business. The
				  generator must pay all attorney fees and costs of such action if the director
				  prevails.
6.2. Issues
				interpreted.
6.2.1. Failure to report.
Failure by the generator to report information as required in
				  Section 4.2 of Series 40A, in the manner prescribed in that section, shall
				  result in a fee assessment based on the amount of hazardous waste generated, as
				  reflected in the generator annual report required under Section 6.4.2 of the
				  HWMR or the facility annual report required under Section 8.5.6 of the HWMR,
				  and other information available to the director to reasonably ascertain the
				  total amount of hazardous waste generated. However, in no event may the fee
				  assessed exceed the fee assessment for the total amount of hazardous waste
				  reported in the annual reports filed pursuant to the HWMR provisions at the
				  full rate of assessment.
6.2.2. Failure to remit fee.
If an assessed fee is not paid by the date prescribed
				  pursuant to Section 5.2 of Series 40A, interest shall accrue as interpreted in
				  Section 5.2.2 of these regulations. Such interest will be deposited in the
				  Fund.
If any generator subject to fee assessment pursuant to these
				  regulations fails to pay the fee imposed within seventy-five (75) regulations
				  fails to pay the fee imposed within seventy-five (75) days of the prescribed
				  payment remittance date, there shall be imposed in addition to the fee and
				  interest determined to be owed, a surcharge equivalent to the total amount of
				  the fee assessed, which shall also be collected and deposited in the
				  Fund.
West Virginia Code of State Rules › Agency 47 - Water Resources, Division Of Water And Waste Management › Title 47 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER RESOURCES › Series 47-55 - Groundwater Act Fee Schedule (97 tech cleanup) › Section 47-55-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule reauthorizes a schedule of fees for the groundwater protection fund. This
				rule is applicable to any person who owns or operates facilities or conducts
				activities subject to the provisions of W. Va. '22-12-1 et. seq.
1.2. Authority. -- W. Va. Code '22-12-9(a).
1.3. Filing Date. -- May 13, 1994.
1.4. Effective Date. -- June 1,
				1994.
1.5. Incorporation by
				Reference. -- When­ever federal or state statutes or regulations are
				incorporated into this rule by reference, the reference is to the statute or
				regulation in effect on the filing date listed in subsection 1.3 of this
				rule.
West Virginia Code of State Rules › Agency 47 - Water Resources, Division Of Water And Waste Management › Title 47 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER RESOURCES › Series 47-55 - Groundwater Act Fee Schedule (97 tech cleanup) › Section 47-55-3 - Groundwater Protection Fund

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1.
				Annual groundwater protection fund fees required -- Any person whose activities
				may affect groundwater quality or who is required to obtain a permit from any
				agency shall pay the appropriate groundwater protection fund fees in accordance
				with the provisions of subsection 3.5 of this rule.
3.2. Method of fee collection, fee limits,
				and transfer of fees to funds.
3.2.a. All
				groundwater protection fund fees assessed under this rule shall be paid to the
				appropriate agency by check, money order or electronic transfer.
3.2.b. Agencies receiving the groundwater
				protection funds shall transfer to the director of the division of
				environmental protection or his or her duly authorized representative, at such
				frequency as the director may consider appropriate, all groundwater protection
				fund fees collected.
West Virginia Code of State Rules › Agency 47 - Water Resources, Division Of Water And Waste Management › Title 47 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER RESOURCES › Series 47-55 - Groundwater Act Fee Schedule (97 tech cleanup) › Section 47-55-4 - Severability

Current through Register Vol. XLI, No. 28, July 12, 2024
If any provisions of this rule or the application thereof to
				  any person or circumstance is held invalid, this invalidity shall not affect
				  other provisions or applications of the rule, and to this end the provisions of
				  the rule are declared severable.
West Virginia Code of State Rules › Agency 47 - Water Resources, Division Of Water And Waste Management › Title 47 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER RESOURCES › Series 47-56 - Assessment Of Civil Administrative Penalties › Section 47-56-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				legislative rule establishes the criteria and procedures that shall be followed
				in the assessment of civil administrative penalties imposed under the
				provisions of W. Va. Code §
									22-12-10.
1.2. Authority. -- W. Va. Code §
									22-12-10.
1.3. Filing Date. -- May 14, 2009.
1.4. Effective Date. -- July 1,
				2009.
West Virginia Code of State Rules › Agency 47 - Water Resources, Division Of Water And Waste Management › Title 47 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER RESOURCES › Series 47-56 - Assessment Of Civil Administrative Penalties › Section 47-56-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Act" means
				the West Virginia Groundwater Protection Act (W. Va. Code §
									22-12-1,
				et seq.).
2.2. "Assessment Officer"
				means a person appointed by the Secretary to carry out the review, assessment,
				and hearing procedures outlined in this rule. Any person(s) initiating the
				Notice of Violation is prohibited from being the Assessment Officer for the
				facility in question.
2.3. "Civil
				Administrative Penalty Referral" means a written document that shall include
				the observations made by the inspector relative to the seriousness of the
				alleged violation, any good faith efforts made to comply with applicable
				requirements, as well as any other appropriate factors established by this
				rule, and any other pertinent information or factors that have bearing on the
				referral.
2.4. "Inspector" means an
				authorized representative of the Secretary who as a normal function of his or
				her responsibilities conducts inspections, takes samples, or determines
				compliance with applicable statutes, rules, orders, or permit conditions of
				facilities or activities regulated under the Act.
2.5. "Notice of Civil Administrative Penalty"
				means a written notification provided to a violator by the assessment officer,
				by means of certified mail or personal service, assessing a civil
				administrative penalty. A notice of civil administrative penalty shall include:
2.5.a. A reference to the section of the
				statute, rule, order, or permit condition allegedly violated;
2.5.b. A concise statement of the facts
				alleged to constitute the violation;
2.5.c. A statement of the amount of the
				initial civil administrative penalty to be imposed; and
2.5.d. A statement of the alleged violator's
				right to an informal hearing.
West Virginia Code of State Rules › Agency 47 - Water Resources, Division Of Water And Waste Management › Title 47 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER RESOURCES › Series 47-56 - Assessment Of Civil Administrative Penalties › Section 47-56-3 - Notice of Violations

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1.
				General. An inspector or other authorized representative of the Secretary may
				issue a notice of violation for any violation he or she observes.
3.2. Notice Procedures. A notice of violation
				shall be in writing, shall be signed by the inspector or other authorized
				representative of the Secretary and shall set forth with reasonable
				specificity:
3.2.a. The nature of the
				violation with a reference to the section of the statute, rule, order, or
				permit condition that was allegedly violated;
3.2.b. The time and date of the observance of
				the violation; and
3.2.c. A
				reasonable description of the facility where the violation is observed, and
				where within that facility the violation was observed, if
				appropriate.
West Virginia Code of State Rules › Agency 47 - Water Resources, Division Of Water And Waste Management › Title 47 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER RESOURCES › Series 47-56 - Assessment Of Civil Administrative Penalties › Section 47-56-4 - Penalty Assessment Procedures

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Review of Notice of Violation and
				Penalty Calculation. The assessment officer shall review each notice of
				violation referred to him or her for civil administrative penalty assessment to
				determine:
4.1.a. The appropriateness of a
				civil administrative penalty;
4.1.b. The initial amount of penalty, if any,
				based upon the rates and methods given in this rule;
4.1.c. The appropriateness of assessing a
				daily civil administrative penalty for continuing violations;
4.1.d. The total initial civil administrative
				penalty assessment; and
4.1.e. The
				appropriateness of assessing a civil administrative penalty against an
				individual.
West Virginia Code of State Rules › Agency 47 - Water Resources, Division Of Water And Waste Management › Title 47 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER RESOURCES › Series 47-56 - Assessment Of Civil Administrative Penalties › Section 47-56-5 - Hearings and Appeals

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Right to
				Informal Hearing. The violator has twenty (20) calendar days from his or her
				receipt of the notice of civil administrative penalty within which to request,
				in writing, an informal hearing before the assessment officer. If a hearing is
				requested, the assessment officer will hold the hearing to deduce the actual
				facts and circumstances regarding the violation and, based thereon, will make a
				final recommendation of civil administrative penalty assessment to the
				Secretary. If no hearing is requested, the notice of civil administrative
				penalty becomes a final order after the expiration of the twenty-day period and
				the civil administrative penalty becomes due and payable.
5.2. Notice and Scheduling of Informal
				Hearing. If the violator requests an informal hearing within the twenty-day
				period, the assessment officer shall schedule a hearing in accordance with the
				following procedures:
5.2.a. The time and
				place where the informal hearing is to be held shall be communicated to any
				inspector or other authorized representative of the Secretary who filed a
				notice of violation bringing about the informal hearing and to the
				violator.
5.2.b. The communication
				shall be provided at least fifteen (15) calendar days prior to the time of the
				hearing.
5.2.c. The assessment
				officer may continue the informal hearing only for good cause shown.
West Virginia Code of State Rules › Agency 47 - Water Resources, Division Of Water And Waste Management › Title 47 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER RESOURCES › Series 47-56 - Assessment Of Civil Administrative Penalties › Section 47-56-6 - Individual Civil Administrative Penalties

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. The Secretary may assess an individual
				civil administrative penalty against any corporate director, officer, agent, or
				employee of a violator, or any other person, who authorizes, orders, or carries
				out a violation of the statute, rule, order, or permit condition or who fails
				or refuses to follow an order from the Secretary.
6.2. In determining the amount of a civil
				administrative penalty to be assessed against a violator under this section,
				consideration shall be given to the criteria specified in section 7.
6.3. The Secretary shall serve on each
				violator to be assessed an administrative penalty a notice of individual civil
				administrative penalty assessment. For purposes of this subsection, service is
				considered to be sufficient if it satisfies Rule 4 of the West Virginia Rules
				of Civil Procedure for service of a summons and complaint. A notice of
				individual civil administrative penalty assessment shall include:
6.3.a. A reference to the section of the
				statute, rule, order, or permit condition allegedly violated;
6.3.b. A concise statement of the facts
				alleged to constitute the violation;
6.3.c. A statement of the amount of the
				individual civil administrative penalty to be imposed;
6.3.d. A copy of the underlying notice of
				violation; and
6.3.e. A statement
				of the violator's right to an informal hearing.
West Virginia Code of State Rules › Agency 47 - Water Resources, Division Of Water And Waste Management › Title 47 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER RESOURCES › Series 47-57 - Ground Water Quality Standard Variances (See 1st Pub. Hear. 08/09/93) › Section 47-57-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope -- This
				legislative rule establishes criteria for variances and deviations from the
				requirements of W. Va. Code, '22-12-1 et seq. that
				would otherwise obligate sources to assure compliance with existing quality,
				groundwater quality standards of the state Water Resources Board and
				preventative action limits imposed by groundwater regulatory
				agencies.
1.2. Authority. -- W. Va.
				Code '22-12-1 et
				seq.
1.3. Filing Date -- May 13,
				1994.
1.4. Effective Date -- June
				1, 1994.
West Virginia Code of State Rules › Agency 47 - Water Resources, Division Of Water And Waste Management › Title 47 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER RESOURCES › Series 47-57 - Ground Water Quality Standard Variances (See 1st Pub. Hear. 08/09/93) › Section 47-57-3 - Statutory Exemptions

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The
				requirements of subsections 5(e), 5(f) and 5(g) of the Act related to
				groundwater quality standards, preventative action limits or existing quality
				limits shall not apply to coal extraction and earth disturbing activities
				directly involved in coal extraction that are subject to either or both W. Va.
				Code ''22-3-1 et seq. or 22-11-1 et seq. All other provisions of the Act are
				applicable to such exempt activities.
3.2. The Act is not applicable to groundwater
				within areas of geologic formations which are site specific to the production
				or storage zones of crude oil or natural gas and which are utilized for the
				exploration, development or production of crude oil or natural gas permitted
				pursuant to W. Va. Code '22-6-1 et seq. nor to
				the injection zones of Class II or III wells permitted pursuant to the statutes
				and regulations governing the underground injection control program. All
				groundwater outside such areas shall remain subject to the Act. An agency has
				the right to require the submission of data with respect to the nature of such
				exempt activities.
3.3. The
				Director has the authority to modify the requirements of subsection 5(g) of the
				Act with respect to non-coal mining activities subject to W. Va. Code
				'22-4-1 et seq.. Such
				modification shall assure protection of human health and the environment. Those
				agencies regulating such activities shall retain their groundwater regulatory
				authority as provided for in the relevant statutes and regulations governing
				such activities other than the Act.
West Virginia Code of State Rules › Agency 47 - Water Resources, Division Of Water And Waste Management › Title 47 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER RESOURCES › Series 47-57 - Ground Water Quality Standard Variances (See 1st Pub. Hear. 08/09/93) › Section 47-57-4 - Contamination in Excess of Groundwater Quality Standards

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Except for any source or class of
				sources which has been granted a variance for the particular contaminant at
				issue, any person who owns or operates a source subject to the Act which has
				caused, in whole or in part, the concentration of any constituent to exceed any
				applicable groundwater quality standard subject to the Act, must cease further
				release of that contaminant and must make every reasonable effort to identify,
				remove or mitigate the source of such contamination and strive where practical
				to reduce the level of contamination over time to support drinking water use of
				such groundwater.
4.2. Sources
				which are operating in full compliance with and pursuant to an agreement,
				administrative order, permit, or other authorization of an agency requiring
				remedial action to be undertaken to address groundwater contamination shall be
				deemed to be in compliance with W. Va. Code '22-12-4(b).
West Virginia Code of State Rules › Agency 47 - Water Resources, Division Of Water And Waste Management › Title 47 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER RESOURCES › Series 47-57 - Ground Water Quality Standard Variances (See 1st Pub. Hear. 08/09/93) › Section 47-57-5 - Deviation from Existing Quality

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Application -- Any person may apply to
				the Director to obtain a deviation from an agency action taken, or to be taken,
				to assure that a single source or class of sources maintain and protect
				groundwater at existing quality, where the existing quality is better than that
				required to maintain and protect applicable groundwater quality standards. Such
				petition may be independently filed or may be made in conjunction with other
				matters pending before the Director. If such other matters require public
				notice, then the request for a deviation shall be clearly identified in such
				notice.
5.2. Contents -- An
				application for a deviation must contain:
5.2.a. Name, mailing address and phone number
				of the person requesting the deviation and the name of the individual to be
				contacted regarding the application;
5.2.b. A description of the source or class
				of sources and constituents for which the deviation is being requested and, in
				the case of a request for a class of sources, a description of how such sources
				are substantially similar and the geographic area to be covered by such
				class;
5.2.c. A description of the
				area for which the deviation is proposed, including an analysis of the geology
				and hydrology of the area;
5.2.d. A
				report of the existing groundwater quality and uses in the area to be affected
				by the deviation, including, but not limited to the levels of constituents for
				which the deviation is being requested;
5.2.e. A list of other sources which may be
				expected to contaminate in the area for which the deviation is
				requested;
5.2.f. A statement
				describing why the measures necessary to preserve existing quality are not
				technically feasible or economically practical; and
5.2.g. A statement describing why a change in
				groundwater quality is justified based upon economic or societal
				objectives.
West Virginia Code of State Rules › Agency 47 - Water Resources, Division Of Water And Waste Management › Title 47 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER RESOURCES › Series 47-57A - Groundwater Protection Standards At Steam Electric Generating Facilities › Section 47-57A-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --
				Variances may be granted by the legislative to allow groundwater quality
				standards to be exceeded for a single source or a class of sources which by
				their nature cannot be conducted in compliance with the requirements of W. Va.
				Code '22-12-5,
				"Groundwater Protection Act". The benefits of granting the variance must out
				weigh the benefits of complying with existing groundwater quality standards and
				demonstrate that there is no technologically feasible alternative available,
				and that granting the variance is more in the public interest than adherence to
				existing groundwater quality standards.
1.1.a.
				A study was initiated by Allegheny Power (AP) and American Electric Power (AEP)
				and conducted by the Electric Power Research Institute (EPRI) to ascertain the
				existing ground water quality at nine(9) steam electric generating facilities
				throughout the state. The study concluded that four(4) metals (beryllium,
				cadmium, chromium and nickel) were consistently exceeding groundwater quality
				standards at coal storage areas, and two(2) metals (nickel and selenium) were
				consistently exceeding groundwater quality standards at ash disposal
				areas.
1.1.b. The purpose of this
				legislative rule is to grant relief from existing groundwater quality standards
				by establishing groundwater protection standards (GWPS) for variance applicable
				areas for both the coal storage and ash disposal sites at nine(9) steam
				electric power generating facilities within the state.
West Virginia Code of State Rules › Agency 47 - Water Resources, Division Of Water And Waste Management › Title 47 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER RESOURCES › Series 47-57A - Groundwater Protection Standards At Steam Electric Generating Facilities › Section 47-57A-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Act" means
				the West Virginia Groundwater Protection Act, W.Va. Code '22-12-1 et
				seq.
2.2. "Class of sources" means
				a group of sources which engage in similar types of activities and release, or
				have the potential to release, similar types of pollutants to the
				groundwater.
2.3. "Constituent"
				means any chemical, or biological substance found in groundwater due to either
				natural or man-made conditions.
2.4. "Director" means the director of the
				Division of Environmental Protection of the Bureau of Environment.
2.5. "Groundwater" means the water occurring
				in the zone of saturation beneath the seasonal high water table, or any perched
				water zones.
2.6. "Groundwater
				Protection Standard" or "GWPS" means the concentration of a specified
				constituent, statistically calculated, which is achievable with a 95% (percent)
				confidence level.
2.7. "Groundwater
				Quality Standards" means the standards of purity and quality for groundwater of
				the state promulgated by the Environmental Quality Board pursuant to section 4
				of the Act.
2.8. "ppb" - means
				parts per billion or [PHI]g/l.
2.9.
				"Preventative Action Limit" or "PAL" means a numeric value expressing the
				concentration of a substance in groundwater that, if exceeded, causes action to
				be taken to assure that standards of purity and quality of groundwater are not
				violated.
2.10. "Receptor" means a
				surface water body, a public or private drinking water supply and any off-site
				migration onto adjacent properties of groundwater for which the variance is
				granted.
2.11. "Source" means any
				facility or activity which has caused a release or is reasonably likely to
				cause a release.
2.12. "Variance"
				means a legislative rule modifying groundwater quality standards or
				preventative action limits, or both, for a source or class of sources, for one
				or more specific constituents.
2.13. "Variance applicable areas" means a
				geographic area for which the variance is allowed and is further delineated by
				geographic coordinates listed in section 3.0 of this rule.
West Virginia Code of State Rules › Agency 47 - Water Resources, Division Of Water And Waste Management › Title 47 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER RESOURCES › Series 47-57A - Groundwater Protection Standards At Steam Electric Generating Facilities › Section 47-57A-3 - Variance Applicable Areas

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Variance applicable areas for coal
				storage sites at steam electric power generating facilities with their
				coordinates are as follows:
3.1.a. Albright;
				Preston County; 39E29N09O,79E38N07O; 39E29N09O,79E38N11O; 39E29N13O,79E38N15O;
				39E29N07O,79E38N11O:
3.1.b. Fort
				Martin; Monongalia County; 39E43N03O,79E55N14O; 39E42N43O, 79E55N29O;
				39E43N04O,79E55N17O; 39E42N47O,79E55N35O:
3.1.c. Harrison; Harrison County;
				39E23N15O,80E19N30O; 39E23N07O,80E19N25O; 39E23N14O,80E19N43O;
				39E23N03O,80E19N41O:
3.1.d. Kammer;
				Marshall County; 39E51N01O,80E48N52O; 39E50N58O,80E48N49O; 39E50N50O,80E49N09O;
				39E50N45O,80E49N02O:
3.1.e. Kanawha
				River; Kanawha County; 38E12N27O,81E25N23O; 38E12N24O,81E25N28O;
				38E12N36O,81E25N29O; 38E12N35O,81E25N34O:
3.1.f. Pleasants/Willow Island; Pleasants
				County; 39E21N56O,81E17N43O; 39E21N51",81E17N49O; 39E22N10O,81E17N39O;
				39E22N05O,81E18N00O:
3.1.g.
				Rivesville; Marion County; 39E31N54O,80E06N26O; 39E31N53O,80E06N28O;
				39E31N55O,80E06N37O; 39E31N34O,80E06N36O and:
3.1.h. Sporn; Mason County;
				38E58N19O,81E55N35O; 38E58N11O,81E55N26O; 38E58N15O,81E55N43O;
				38E58N05O,81E55N35O.
West Virginia Code of State Rules › Agency 47 - Water Resources, Division Of Water And Waste Management › Title 47 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER RESOURCES › Series 47-57A - Groundwater Protection Standards At Steam Electric Generating Facilities › Section 47-57A-4 - Groundwater Protection Standards and Preventative Action Limits

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Groundwater
				protection standards, preventative action limits and compliance monitoring
				stations are hereby established for the following sites and for the following
				individual constituents: beryllium, cadmium, chromium, nickel and selenium.
				(See tables 57A-4A through 57A-4F at the end of this rule.)
4.2. The groundwater protection standards and
				preventative action limits are established for coal storage and ash disposal
				ponds at variance applicable areas and shall not pertain to other activities or
				areas at the facility.
4.3.
				Compliance with preventative action limits shall also be determined at the same
				monitoring stations as the groundwater protection standards.
4.4. If any groundwater protection standard
				(GWPS) or preventative action limit (PAL) is exceeded, the Director shall cause
				such action to be taken as specified in section 5.0 of this rule to assure that
				standards of purity and quality are not violated.
West Virginia Code of State Rules › Agency 47 - Water Resources, Division Of Water And Waste Management › Title 47 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER RESOURCES › Series 47-57A - Groundwater Protection Standards At Steam Electric Generating Facilities › Section 47-57A-6 - Periodic Review

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. No less
				frequently than every five(5) years the Director shall review all prior
				decisions granting these variances to determine their continual consistency
				with 47CSR57, "Groundwater Quality Standard Variances". Should the Director
				determine that any modification of such a decision is appropriate, the Director
				shall initiate rule making pursuant to W.Va. Code '29A-3.
TABLE 57A-4A.
Beryllium (ppb)
Coal Storage Areas
Groundwater Protection Standard
(GWPS)
Preventative Action
Limit (PAL)
Compliance Monitoring
Stations
Albright
24.0
19.2
MW 501, MW 502
Fort Martin
6.3
5.0
MW 608, MW 610,
MW 611
Kammer
52.0
41.6
MW 2, MW 3
Kanawha
109.0
87.2
MW 13, MW 14,
MW 17
Pleasants/Willow
Island
10.0
8.0
MW 903, MW 904,
MW 906
Rivesville
9.1
7.3
MW 801, MW 802
TABLE 57A-4B.
Cadmium (ppb)
Coal Storage Areas
Groundwater Protection Standard
(GWPS)
Preventative Action
Limit (PAL)
Compliance Monitoring
Stations
Albright
58.0
46.4
MW 501, MW 502
Fort Martin
12.0
9.6
MW 608, MW 610, MW 611
Harrison
7.7
6.2
MW 701, MW 705, MW 706, MW 711
Kammer
182.0
145.6
MW 2, MW 3
Kanawha River
90.0
72.0
MW 13, MW 14,
MW 17
Pleasants/Willow
Island
8.6
6.9
MW 903, MW 904, MW 906
Rivesville
22.0
17.6
MW 801, MW 802
Sporn
6.4
5.1
MW 12, MW 13,
MW 14
TABLE 57A-4C
.
Chromium (ppb)
Coal Storage Areas
Groundwater Protection
Standard (GWPS)
Preventative Action
Limit (PAL)
Compliance Monitoring
Stations
Albright
190.0
152.0
MW 501, MW 502
Fort Martin
440.0
352.0
MW 608, MW 610, MW 611
Kammer
669.0
535.2
MW 2, MW 3
Kanawha River
140.0
112.0
MW 13, MW 14,
MW 17
Pleasants/Willow
Island
300.0
240.0
MW 903, MW 904, MW 906
Rivesville
120.0
96.0
MW 801, MW 802
TABLE 57A-4D.
Nickel (ppb)
Coal Storage Areas
Groundwater Protection Standard
(GWPS)
Preventative Action
Limit (PAL)
Compliance Monitoring
Stations
Albright
970.0
776.0
MW 501, MW 502
Fort Martin
433.0
347.0
MW 608, MW 610, MW 611
Harrison
328.0
263.0
MW 701, MW 705, MW 706, MW 711
Kammer
844.0
675.2
MW 2, MW 3
Kanawha River
2900.0
2320.0
MW 13, MW 14,
MW 17
Pleasants/Willow Island
744.0
595.2
MW 903, MW 904, MW 906
Rivesville
299.0
240.0
MW 801, MW 802
Sporn
490.0
441.0
MW 12, MW 13,
MW 14
TABLE 57A-4E.
Nickel (ppb)
Ash Disposal Ponds
Groundwater Protection Standard
(GWPS)
Preventative Action
Limit (PAL)
Compliance Monitoring
Stations
Sporn
119.0
95.2
MW 10
TABLE 57A-4F.
Selenium (ppb)
Ash Disposal Ponds
Groundwater Protection Standard
(GWPS)
Preventative Action
Limit (PAL)
Compliance Monitoring
Stations
Kanawha River
120.0
96.0
MW 2, MW 3, MW 5
West Virginia Code of State Rules › Agency 47 - Water Resources, Division Of Water And Waste Management › Title 47 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER RESOURCES › Series 47-57B - Groundwater Protection Standards At Dominion "Generation" Steam Electric Generating Facility, Mt Storm, West Virginia › Section 47-57B-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --
				Variances may be granted by the legislature to allow groundwater quality
				standards to be exceeded for a source or a class of sources which by their
				nature cannot be conducted in compliance with the requirements of W.Va. Code
				§
									22-12-5,
				"Groundwater Protection Act". The benefits of granting the variance must out
				weigh the benefits of complying with existing groundwater quality standards and
				demonstrate that there is no reasonable and prudent alternative available, and
				that granting the variance is more in the public interest than adherence to
				existing groundwater quality standards.
1.1.a.
				A study was initiated by Virginia Electric and Power Company, doing business as
				Dominion Generation, and conducted by Resource International, Ltd., to
				ascertain the existing ground water quality at the Mount Storm steam electric
				generating facility located at Mount Storm, Grant County, West Virginia. The
				study concluded that five (5) metals (beryllium, cadmium, chromium, lead, and
				nickel) were consistently exceeding groundwater quality standards at the coal
				storage area.
1.1.b. The purpose of
				this legislative rule is to grant relief from existing groundwater quality
				standards by establishing groundwater protection standards (GWPS) for the
				variance applicable area, which is the coal storage site at the Mount Storm
				steam electric generating facility.
West Virginia Code of State Rules › Agency 47 - Water Resources, Division Of Water And Waste Management › Title 47 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER RESOURCES › Series 47-57B - Groundwater Protection Standards At Dominion "Generation" Steam Electric Generating Facility, Mt Storm, West Virginia › Section 47-57B-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Act" means
				the West Virginia Groundwater Protection Act, W.Va. Code §
									22-12-1 et
				seq.
2.2. "Class of sources" means
				a group of sources which engage in similar types of activities and release, or
				have the potential to release, similar types of pollutants to the ground-
				water.
2.3. "Constituent" means any
				chemical, or biological substance found in groundwater due to either natural or
				man-made conditions.
2.4.
				"Groundwater" means the water occurring in the zone of saturation beneath the
				seasonal high water table, or any perched water zones.
2.5. "Groundwater Protection Standard" or
				"GWPS" means the concentration of a specified constituent, statistically
				calculated, which is achievable with a 95% (percent) confidence level, or
				greater.
2.6. "Groundwater Quality
				Standards" means the standards of purity and quality for groundwater of the
				state promulgated by the Environmental Quality Board pursuant to section 4 of
				the Act.
2.7. "ppb" - means parts
				per billion or Fg/l (micrograms per liter).
2.8. "Preventative Action Limit" or "PAL"
				means a numeric value expressing the concentration of a substance in
				groundwater that, if exceeded, causes action to be taken to assure that
				standards of purity and quality of groundwater are not violated.
2.9. "Receptor" means a surface water body, a
				public or private drinking water supply and any off-site migration onto
				adjacent properties of groundwater for which the variance is granted.
2.10. "Secretary" means the Secretary of the
				Department of Environmental Protection.
2.11. "Source" means any facility or activity
				which has caused a release or is reasonably likely to cause a
				release.
2.12. "Variance" means a
				legislative rule modifying groundwater quality standards or preventative action
				limits, or both, for a source or class of sources, for one or more specific
				constituents.
2.13. "Variance
				applicable area" means a geographic area for which the variance is allowed and
				is further delineated by geographic coordinates listed in section 3.0 of this
				rule.
West Virginia Code of State Rules › Agency 47 - Water Resources, Division Of Water And Waste Management › Title 47 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER RESOURCES › Series 47-57B - Groundwater Protection Standards At Dominion "Generation" Steam Electric Generating Facility, Mt Storm, West Virginia › Section 47-57B-3 - Variance Applicable Area

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1.
				Variance applicable area for the coal storage site at the Mt. Storm electric
				power generating facility is described by the following coordinates:
Southwest corner marker: 39E12N08.249O, 79E16N05.256O
Northwest corner marker: 39E12N20.227O, 79E16N10.457O
Northeast corner marker: 39E12N22.912O, 79E16' 01.294O
Southeast corner marker: 39E12N08.366O, 79E15'57.272O
3.2. Variance applicable areas
				shall be permanently marked by stationary monuments or other highly visible
				alternative methods. These monuments shall be protected from damage or removal
				as long as the variance is in effect.
3.3. The facility shall communicate to the
				Secretary as to which method is used to mark the variance applicable
				areas.
West Virginia Code of State Rules › Agency 47 - Water Resources, Division Of Water And Waste Management › Title 47 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER RESOURCES › Series 47-57B - Groundwater Protection Standards At Dominion "Generation" Steam Electric Generating Facility, Mt Storm, West Virginia › Section 47-57B-4 - Groundwater Protection Standards and Preventative Action Limits

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Groundwater
				protection standards, preventative action limits and compliance monitoring
				stations are hereby established in Table 57B-4 and for the following individual
				constituents: beryllium, cadmium, chromium, nickel, and lead.
4.2. The groundwater protection standards and
				preventative action limits are established for the coal storage site at the
				variance applicable area referenced in Section 3 of this rule. The variance
				shall not pertain to any other activities or areas at the facility.
4.3. Compliance with preventative action
				limits shall also be determined at the same monitoring stations as the
				groundwater protection standards.
4.4. If any groundwater protection standard
				(GWPS) or preventative action limit (PAL) is exceeded, the Secretary shall
				cause such action to be taken as specified in Section 5 of this rule, "Terms
				and Conditions" to assure that standards of purity and quality are not
				violated.
West Virginia Code of State Rules › Agency 47 - Water Resources, Division Of Water And Waste Management › Title 47 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER RESOURCES › Series 47-57B - Groundwater Protection Standards At Dominion "Generation" Steam Electric Generating Facility, Mt Storm, West Virginia › Section 47-57B-6 - Periodic Review

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. No less
				frequently than every five (5) years the Secretary shall review all prior
				decisions granting these variances to determine their continual consistency
				with 47CSR57, "Groundwater Quality Standard Variances". Should the Secretary
				determine that any modification of such a decision is appropriate, the
				Secretary shall initiate rule making pursuant to W. Va. Code §29A-3.
TABLE 57B-4
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West Virginia Code of State Rules › Agency 47 - Water Resources, Division Of Water And Waste Management › Title 47 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER RESOURCES › Series 47-58 - Ground Water Protection Regulations › Section 47-58-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule establishes a series of practices which must be followed by any person who
				owns or operates facilities or conducts activities subject to the provisions of
				W. Va. Code '22-12-1 et
				seq. and is subject to regulation by the Division of Environmental Protection's
				Office of Waste Management or Office of Water Resources.
1.2. Authority. -- W. Va. Code '22-12-5(d).
1.3. Filing Date. -- May 13, 1994 .
1.4. Effective Date. -- June 1,
				1994.
West Virginia Code of State Rules › Agency 47 - Water Resources, Division Of Water And Waste Management › Title 47 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER RESOURCES › Series 47-58 - Ground Water Protection Regulations › Section 47-58-3 - Conflicting Provisions

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1.
				Recognizing that in certain cases, existing rule impose requirements that are
				more or less restrictive than the requirements of this rule, in the event that
				this rule conflicts with another applicable rule, the director shall determine
				which rule, or section(s) thereof, best complies with the intent of the
				Groundwater Protection Act, and require adherence to said rule or section(s)
				thereof. The director may, at his discretion, begin the formal regulatory
				process to remove the conflict between the rule.
West Virginia Code of State Rules › Agency 47 - Water Resources, Division Of Water And Waste Management › Title 47 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER RESOURCES › Series 47-58 - Ground Water Protection Regulations › Section 47-58-4 - Groundwater Protection Practices For Industrial Establishments

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Where the
				evaluation of an existing facility reveals that contamination is occurring, a
				schedule of compliance must be submitted by the facility or activity and
				approved by the director whereby the facility or activity must retrofit or
				improve or discontinue existing systems, activities, or procedures to make
				them, to the satisfaction of the director, protective of groundwater.
4.2. Subsurface borings (e.g., water wells,
				injection wells, soil boring, production wells, extraction wells, exploratory
				wells and groundwater monitoring wells) shall be constructed, operated and
				closed in a manner that protects groundwater.
4.3. Outside Material Storage or Disposal
				Areas
4.3.a. Existing areas used for outdoor,
				non-containerized storage or disposal of raw materials, products or waste shall
				be evaluated for their potential to contaminate groundwater. Where substantial
				potential exists, the areas shall have runoff/infiltration control systems.
				Placement of groundwater monitoring stations may be necessary to determine if
				contamination has occurred or is occurring.
4.3.b. New areas used for storage or disposal
				of raw materials, products or wastes shall be designed, constructed and
				operated to prevent release of contaminants to the groundwater, using liner
				systems if necessary. Groundwater monitoring stations may be necessary to
				assure protection of the groundwater resource.
Note: 47CSR11 requires all spills and accidental
				  discharges to be reported by calling 1-800-642-3074.
West Virginia Code of State Rules › Agency 47 - Water Resources, Division Of Water And Waste Management › Title 47 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER RESOURCES › Series 47-58 - Ground Water Protection Regulations › Section 47-58-5 - Applicability To Facilities Or Activities Not Included In The Definition Of An Industrial Establishment

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1.
				Where a statute, rule, ordinance or other legal requirement (other than W. Va.
				Code '22-12 and rules promulgated pursuant thereto) provides authority to
				regulate facilities and activities which may adversely affect groundwater, and
				such facilities and activities are not regulated by another groundwater
				regulatory agency, including another office of the Division of Environmental
				Protection, the Director may require such facility or activity to comply with
				any or all of the requirements of this rule which the Director reasonably
				determines to be necessary for the implementation of W. Va. Code
				'22-12.
5.2. The director must
				provide a written notification specifying which section(s) of this rule will be
				enforced, before compliance with this rule or any provision thereof is required
				from any facility or activity not included in the definition of an industrial
				establishment
West Virginia Code of State Rules › Agency 47 - Water Resources, Division Of Water And Waste Management › Title 47 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER RESOURCES › Series 47-58 - Ground Water Protection Regulations › Section 47-58-6 - Groundwater Protection Practices For Private Or Publicly Owned Sewage Treatment Operations

Current through Register Vol. XLI, No. 28, July 12, 2024
West Virginia Code of State Rules › Agency 47 - Water Resources, Division Of Water And Waste Management › Title 47 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER RESOURCES › Series 47-58 - Ground Water Protection Regulations › Section 47-58-7 - Prohibitions

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. It shall be
				unlawful for any person, unless an authorization has been issued by a
				groundwater regulatory agency, to deliberately allow crude oil, or any
				petroleum product derived from crude oil, or septage, or natural gas, or salt
				water, or any chemical mixture which may impact groundwater quality to escape
				from any well, pipeline, impoundment, storage tank, treatment unit, or storage
				container, or be deliberately allowed to flow onto or under the land surface in
				such a manner that could impact groundwater quality.
7.2. Groundwater quality may not be impacted
				by any facility operation or any activity unless 1) a valid permit exists
				and/or 2) the director has taken action pursuant to W. Va. Code '22-12-5(f)
				through (l).
West Virginia Code of State Rules › Agency 47 - Water Resources, Division Of Water And Waste Management › Title 47 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER RESOURCES › Series 47-58 - Ground Water Protection Regulations › Section 47-58-8 - Remediation

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. The Division
				has the authority to order persons to conduct remedial actions. The division
				encourages agreements for investigation and cleanups in appropriate cases.
8.1a. The use of permanent solutions to the
				maximum extent practical to correct groundwater contaminations is
				preferred.
8.1.b. Cleanup actions
				shall not rely primarily on dilution and dispersion of the substance if active
				remedial measures are technically and economically feasible, as determined by
				the director.
8.1.c. Adequate
				groundwater monitoring shall be conducted to demonstrate control and
				containment of the substance. The director shall specify which parameters
				should be monitored in a remedial operation. Groundwater monitoring must
				continue until results assure adequate remedial action was taken.
West Virginia Code of State Rules › Agency 47 - Water Resources, Division Of Water And Waste Management › Title 47 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER RESOURCES › Series 47-58 - Ground Water Protection Regulations › Section 47-58-9 - Fees

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. Nothing in
				this rule relieves any person of an obligation to pay fees as required by the
				Groundwater Protection Act Fee Schedule, 47CSR55.
West Virginia Code of State Rules › Agency 47 - Water Resources, Division Of Water And Waste Management › Title 47 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER RESOURCES › Series 47-58 - Ground Water Protection Regulations › Section 47-58-10 - Enforcement

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. Any person
				who violates the act or these rule shall be subject to civil and criminal
				penalties, injunctive relief, enforcement orders, and procedures as set forth
				in Section 10 of the Act.
10.2. The
				appeal and review procedures set forth in Section 11 of the Act shall be
				applicable to actions arising under these rule.
10.3. Civil penalties for violations of these
				rule may be assessed by the director in accordance with 47CSR56.
West Virginia Code of State Rules › Agency 47 - Water Resources, Division Of Water And Waste Management › Title 47 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER RESOURCES › Series 47-58 - Ground Water Protection Regulations › Section 47-58-11 - Waiver Provisions

Current through Register Vol. XLI, No. 28, July 12, 2024
The director may, to the extent authorized by the act, waive
				  some or all of the requirements of this rule upon determining in writing that
				  such requirements are not necessary to protect groundwater from
				  contamination.