West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-12G - General Groundwater Protection Rules For Pesticides › Section 61-12G-5 - Powers and Duties of the Commissioner

Current through Register Vol. XLI, No. 28, July 12, 2024
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.