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 47-58 - Ground Water Protection Regulations › Section 47-58-12 - Appeals

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. Any person
				ordered or requested to take any action pursuant to this rule may appeal such
				order or request to the Environmental Quality Board as provided for in W. Va.
				Code '22-12-11.
12.2. Any person against whom enforcement
				action is initiated pursuant to section 10 of this rule may appeal to the
				Environmental Quality Board as provided for in W.Va. Code '22-12-11.
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 47-58-13 - Requirements For Reuse Of Sludges (Reserved)

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 47-59 - Monitoring Well Rules › Section 47-59-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				legislative rule establishes the certification of monitoring well drillers and
				monitoring well installations and alterations.
1.2. Authority. -- W. Va. Code §
									22-12-5(d).
1.3. Filing Date. -- April 9, 2010.
1.4. Effective Date. -- April 9,
				2010.
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 47-59 - Monitoring Well Rules › Section 47-59-3 - Application and Enforcement

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1.
				Application -- This rule applies to all monitoring well drillers.
3.2. Enforcement -- The enforcement of this
				rule is vested with the Secretary of the West Virginia Department of
				Environmental Protection, or his or her lawful designee.
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 47-59 - Monitoring Well Rules › Section 47-59-4 - Certification of Monitoring Well Drillers

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. There shall be a certified monitoring
				well driller on site in direct charge of actively drilling, constructing,
				altering, testing or abandoning any monitoring well or high-risk
				borehole.
4.2. To be eligible for
				certification, an individual must meet one of the following criteria:
4.2.a. Have a minimum of two (2) years of
				monitoring well drilling experience under the supervision of a West Virginia
				certified monitoring well driller; or
4.2.b. Have six (6) months of monitoring well
				drilling experience that includes properly installing at least fifteen (15)
				monitoring wells and properly abandoning at least ten (10) monitoring wells
				under the supervision of a West Virginia certified monitoring well
				driller.
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 47-59 - Monitoring Well Rules › Section 47-59-5 - Monitoring Well Driller Identification

Current through Register Vol. XLI, No. 28, July 12, 2024
All monitoring well drillers shall have proof of
				  certification available for inspection at all times when actively engaged in
				  drilling, constructing, altering, or closing/abandoning monitoring wells or
				  boreholes.
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 47-59 - Monitoring Well Rules › Section 47-59-6 - Advisory Board

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. The
				Secretary may establish an advisory board and designate the chairman of the
				board.
6.2. The advisory board
				membership shall consist of, but not necessarily be limited to, the following
				members:
6.2.a. Three (3) members shall be
				certified monitoring well drillers;
6.2.b. One (1) member shall be from the State
				Bureau for Public Health;
6.2.c.
				One (1) member shall be from the Department of Environmental Protection;
				and
6.2.d. One (1) member shall be
				from the West Virginia Geological & Economic Survey.
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 47-59 - Monitoring Well Rules › Section 47-59-7 - Denial, Suspension or Revocation of Certification

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. The Secretary may suspend, revoke or
				deny certification if the information on the application form is incomplete,
				inaccurate, false or misleading, or if the provisions of this rule or any other
				rule pertaining to monitoring wells are willfully or negligently
				violated.
7.2. Suspension or
				revocation of certification shall be preceded by a written notice from the
				Secretary at least ten (10) days prior to actual revocation or
				suspension.
7.3. Denial, suspension
				or revocation of certification shall be in writing from the Secretary and shall
				state specific reasons for the denial, suspension or revocation.
7.4. When certification has been denied,
				suspended or revoked, the individual thereby affected shall immediately
				discontinue the drilling, altering, constructing and abandonment of monitoring
				wells and boreholes.
7.5. Any
				individual whose application for certification has been denied or whose
				certification has been suspended or revoked may request a hearing in accordance
				with the provisions of W. Va. Code §
									22-12-11.
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 47-59 - Monitoring Well Rules › Section 47-59-8 - Administrative Due Process

Current through Register Vol. XLI, No. 28, July 12, 2024
Those persons adversely affected by the enforcement of this
				  rule who desire a contested case hearing to determine any rights, duties,
				  interests or privileges shall proceed in the manner prescribed in W. Va. Code
				  §
									22-12-11.
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 47-59 - Monitoring Well Rules › Section 47-59-9 - 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 are held invalid, the invalidity shall not affect
				  the provisions or the application of this rule that can be given effect without
				  the invalid provisions or application and, to this end, the provisions of this
				  rule are declared to be 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 47-60 - Monitoring Well Design Standards › Section 47-60-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope and
				Purpose. -- This rule establishes minimum acceptable documentation and
				standards for the design, installation, construction, and abandonment of
				monitoring wells and for the abandonment of all boreholes.
1.2. Authority. -- W. Va. Code §
									22-12-5(d).
1.3. Filing Date. -- June 21, 2011.
1.4. Effective Date. -- June 21,
				2011.
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 47-60 - Monitoring Well Design Standards › Section 47-60-2 - Applicability

Current through Register Vol. XLI, No. 28, July 12, 2024
This rule applies to any person who either owns, operates,
				  constructs, installs or abandons monitoring wells and boreholes. All monitoring
				  wells and boreholes shall be abandoned according to section 19 of this rule.
				  This rule does not apply to monitoring wells and boreholes installed prior to
				  the effective date of this rule, except as provided for in section 19 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 47-60 - Monitoring Well Design Standards › Section 47-60-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. "Abandonment"
				means the sealing of a monitoring well or borehole in accordance with section
				19 of this rule in order to restore original hydrogeologic conditions and/or to
				prevent contamination.
3.2. "Air
				rotary drilling" means a drilling method whereby the borehole is advanced using
				a circular rotating action applied to a string of drilling rods that have a
				diffused discharge bit attached to the bottom of the rods. Pressurized air is
				forced through the drilling rods that cools the drilling tools and removes the
				cuttings from the borehole.
3.3.
				"Annular space" (Annulus) means the space between two well casings or between
				the casing and the borehole sidewall.
3.4. "Annular space seal" means the
				following:
3.4.a. For wells constructed with
				filter packs, it is the material placed above the top of the filter pack or the
				filter pack seal up to the surface seal and between the well casing and the
				adjacent formation; or
3.4.b. For
				wells constructed into bedrock formations and without well screens, it is the
				material placed from the bottom of the enlarged borehole up to the surface
				seal, between the well casing and the adjacent formation.
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 47-60 - Monitoring Well Design Standards › Section 47-60-4 - Conflicting Provisions

Current through Register Vol. XLI, No. 28, July 12, 2024
Where, in certain instances, existing rules impose
				  requirements that are more or less restrictive than the requirements of this
				  rule, and in the event that this rule conflicts with another applicable rule,
				  the Secretary shall determine which rule or section(s) thereof best complies
				  with the intent of the Groundwater Protection Act, W. Va. Code §
									22-12-1 et
				  seq., and require adherence to said rule or section(s) thereof. The Secretary
				  may, at his or her discretion, begin the formal regulatory process to remove
				  the conflict between the rules.
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 47-60 - Monitoring Well Design Standards › Section 47-60-5 - Borehole Protection

Current through Register Vol. XLI, No. 28, July 12, 2024
Protective measures shall be taken to prevent a borehole from
				  acting as a conduit for contamination or becoming a safety hazard until
				  abandonment in accordance with section 19 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 47-60 - Monitoring Well Design Standards › Section 47-60-6 - Monitoring Well Location And Reporting Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Where prior groundwater regulatory
				agency approval is required, monitoring wells shall be installed at the
				locations indicated on the approved plans and specifications.
6.2. Following installation of a monitoring
				well, each certified monitoring well driller shall report to the Secretary, on
				forms provided by the Secretary, the following information within sixty (60)
				days after completion of the well installation.
6.2.a. The name and address of the person for
				whom the wells were installed;
6.2.b. The date the wells were installed;
				and
6.2.c. The latitude and
				longitude coordinates in degrees, minutes, and seconds to the nearest second,
				and the method used to determine such coordinates for each well
				installed.
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 47-60 - Monitoring Well Design Standards › Section 47-60-7 - Well Riser

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. The well
				riser for wells constructed in a floodplain or floodway shall terminate a
				minimum of two (2) feet above ground level and be provided with a watertight
				cap, unless it can be demonstrated that inundation will not occur, except as
				provided for in subsection 11.6 of this rule.
7.2. Specifications. -- The riser must
				consist of materials that will not alter the quality of water samples for the
				constituents of concern and that are appropriate for the monitoring
				environment. The riser should have adequate wall thickness and coupling
				strength to withstand installation and development stresses. Each section of
				riser should be uncontaminated prior to installation. The minimum nominal
				internal diameter of the riser should be chosen based on the particular
				application. However, in most instances, a minimum of two (2) inches (50.8 mm)
				is needed to accommodate sampling devices.
Note: Risers are generally constructed of PVC, stainless
				  steel, fiberglass, or fluoropolymer materials.
7.3. Assembly and Installation. -- Where the
				well is to be used for organic water quality monitoring, all riser couplings
				shall use a coupling method that is watertight and that does not introduce
				organic compounds to the well. Wells that will not be monitored for organic
				compounds may use any industry accepted watertight coupling method.
7.4. Inspection. -- Prior to use, the
				casings, couplings and other components shall be inspected for cuts,
				deformities, gouges, deep scratches, damaged ends, and other imperfections that
				could compromise the integrity of the well. Any casing, coupling or component
				having such a defect may not be used.
7.5. Risers shall be centered in the
				borehole, using centralizers if necessary, except in the case of nested
				monitoring wells.
7.6. A protective
				cap on the well riser may be necessary during the installation of the annular
				space seal, the filter pack, the filter pack seal and the ground surface seal
				to prevent any of these materials from entering the monitoring well.
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 47-60 - Monitoring Well Design Standards › Section 47-60-8 - Well Screen

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1.
				Specifications. -- The well screen must consist of materials that will not
				alter the quality of water samples for the constituents of concern and that are
				appropriate for the monitoring environment. The well screen should have
				adequate wall thickness and coupling strength to withstand installation and
				development stresses. Each section of well screen should be uncontaminated
				prior to installation. The minimum nominal internal diameter of the well screen
				should be chosen based on the particular application.
8.2. All monitoring well screens shall be
				constructed of material that is nonreactive with the constituents in soils and
				groundwater at the monitoring location. The well screen slot size shall be
				sized to retain at least ninety percent (90%) of the grain size of the
				collapsed formation where such is used as filter pack material, or at least
				ninety percent (90%) of the grain size of the filter pack if material other
				than collapsed formation is used. In lieu of a sieve analysis, or where other
				well design considerations require a different slot size, a number ten (10)
				slot screen size may be used, as a maximum, to retain at least ninety percent
				(90%) of the filter pack material. Well screen interval lengths should be
				chosen to adequately monitor the water-bearing zone of interest and to comply
				with section 13 of this rule. Well screens on piezometers installed for the
				purpose of determining the elevation of the potentiometric surface may not
				exceed five (5) feet in length, except where potentiometric surfaces may
				fluctuate over greater intervals.
Note: Well screens for wells other than the water table
				  observation wells and piezometers identified above may vary in length.
8.3. Assembly and Installation.
				All well screens shall be joined to the well riser by methods described in
				subsection 7.3 of this rule. All joints shall be watertight. Monitoring wells
				installed in bedrock using an open borehole may be constructed without a well
				screen.
8.4. Well screens shall be
				centered in the borehole, using centralizers if necessary, except in the case
				of nested monitoring wells.
8.5.
				The bottom portion of each well screen or well must be plugged or capped to
				prevent oversized material from entering the well.
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 47-60 - Monitoring Well Design Standards › Section 47-60-9 - Tremie Pipes and Sealing Procedures

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. Materials. -- The tremie pipe used for
				the placement of sealant materials shall be one of the following materials and
				shall exhibit pressure ratings adequate for the pumping pressures to be used:
9.1.a. Metal pipe,
9.1.b. Rubber-covered hose reinforced with
				braided fiber or steel,
9.1.c.
				Thermoplastic pipe including but not limited to:
9.1.c.1. Polyvinyl chloride (PVC),
9.1.c.2. Chlorinated polyvinyl chloride
				(CPVC),
9.1.c.3. Polyethylene
				(PE),
9.1.c.4. Polybutylene (PB),
				or
9.1.c.5. Acrylonitrite butadiene
				styrene (ABS).
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 47-60 - Monitoring Well Design Standards › Section 47-60-12 - Drilling Methods and Fluids

Current through Register Vol. XLI, No. 28, July 12, 2024
Drilling shall be conducted in a manner so as to minimize the
				  introduction of foreign material into the borehole, produce the least possible
				  disturbance to the formation, and permit the proper construction and
				  development of the required diameter well. Only air, water free of bacterial
				  and chemical contamination, or bentonite drilling mud mixed with water from an
				  uncontaminated source may be used as drilling fluids. The water used for
				  drilling shall be stored in such a manner as to prevent contamination of the
				  clean water. If air is used as a drilling fluid, the air shall be filtered by
				  an oil-air filter or oil trap to reduce or remove the oil content discharged
				  from the compressor. If water is used, the source of the water shall be
				  reported.
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 47-60 - Monitoring Well Design Standards › Section 47-60-13 - Cross Contamination

Current through Register Vol. XLI, No. 28, July 12, 2024
In areas where contamination is suspected to exist,
				  precautions shall be taken to prevent cross contamination of groundwater
				  bearing zones or uncontaminated zones.
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 47-60 - Monitoring Well Design Standards › Section 47-60-14 - Disposal and Decontamination

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1.
				In areas where contamination is known to occur, all drill cuttings and fluids
				and surge and wash waters from borehole and monitoring well construction and
				development shall be disposed of in a manner that is protective of the waters
				of the State.
14.2. All borehole
				and monitoring well construction and development equipment shall be
				decontaminated as needed to prevent contamination or cross-contamination of
				boreholes or monitoring wells.
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 47-60 - Monitoring Well Design Standards › Section 47-60-15 - Borehole Diameter

Current through Register Vol. XLI, No. 28, July 12, 2024
15.1.
				Boreholes in unconsolidated geologic formations. -- For all permanent
				monitoring wells in unconsolidated geologic formations, the borehole diameter
				shall meet the following requirements:
15.1.a.
				If hollow stem augers are used, their inside working diameter shall be at least
				two (2) inches greater than the inside diameter of the permanent well
				casing.
15.1.b. If solid stem
				augers are used, their outside diameter shall be at least four (4) inches
				greater than the inside diameter of the permanent well casing.
15.1.c. If an air or mud rotary method is
				used, the borehole diameter shall be at least four (4) inches greater than the
				inside diameter of the permanent well casing. If a temporary outer casing is
				used, the inside diameter of the temporary outer well casing shall be at least
				four (4) inches greater than the inside diameter of the permanent well casing.
				The temporary outer casing shall be pulled immediately before or as the annular
				space is sealed, depending on site specific geology.
Note: The dual-tube or triple-tube reverse rotary systems are
				  rotary methods.
15.1.d. If
				percussion methods, including the rotary wash, wash down, and wash bore methods
				are used with a temporary outer casing in unconsolidated geologic formations,
				the inside diameter of the temporary outer casing shall be at least four (4)
				inches greater than the inside diameter of the permanent well casing. The
				temporary outer casing shall be removed during the sealing of the annular
				space.
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 47-60 - Monitoring Well Design Standards › Section 47-60-16 - Recovery Wells

Current through Register Vol. XLI, No. 28, July 12, 2024
Groundwater quality data from recovery wells may not be
				  acceptable, as some recovery wells may not meet the minimum design standards
				  required for monitoring wells. Recovery wells shall be subject to the reporting
				  requirements in section 6 of this rule, documentation requirements in section
				  18 of this rule, and the abandonment requirements in section 19 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 47-60 - Monitoring Well Design Standards › Section 47-60-18 - Monitoring Well Construction Documentation

Current through Register Vol. XLI, No. 28, July 12, 2024
18.1. All permanent monitoring well
				construction details shall be reported to the person for whom the wells were
				installed using forms and instructions provided by the Secretary within sixty
				(60) days after the well has been installed. These forms are to be retained by
				the person for whom the well was installed for five (5) years beyond the
				abandonment of the well. These forms are transferable with notification to the
				proper groundwater regulatory agency. At a minimum, the completed report shall
				include the following information:
18.1.a.
				Well location, as determined by subdivision 6.2.c of this rule;
18.1.b. Well casing material and installation
				procedures;
18.1.c. Well screen
				materials and installation procedures;
18.1.d. Filter pack materials, installation
				procedures, and depth to bottom and top of filter pack;
18.1.e. Sealing materials, installation
				procedures, and depth to bottom and top of seal (i.e. filter pack, annular
				space, etc,);
18.1.f. Drilling
				methods and fluids used for installation;
18.1.g. Borehole diameter;
18.1.h. Well development
				procedures;
18.1.i. Length of
				screen;
18.1.j. Screen slot
				size;
18.1.k. Depth of bottom of
				screen;
18.1.l. Well
				depth;
18.1.m. Total drilled depth
				of the borehole;
18.1.n. Well
				registration number;
18.1.o.
				Certified driller's name and company name(s), address(es), and telephone
				number(s); and
18.1.p. Driller's
				certification number,
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 47-60 - Monitoring Well Design Standards › Section 47-60-19 - Abandonment Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
The following requirements apply to the abandonment of all
				  monitoring wells and all boreholes. The appropriate groundwater regulatory
				  agency may require, by order or other appropriate means, that any borehole or
				  monitoring well be abandoned. The appropriate groundwater regulatory agency
				  shall consider the following factors in determining whether a borehole or
				  monitoring well should be abandoned: purpose, location, groundwater quality,
				  age and condition of the well or borehole, potential for groundwater
				  contamination, and well or borehole construction.
19.1. Timelines for Abandonment.
19.1.a. A borehole shall be abandoned within
				three (3) working days after its use has been discontinued.
19.1.b. Any permanent monitoring well no
				longer being used to gather information on geologic or groundwater properties
				shall be abandoned within sixty (60) days after its use has been
				discontinued.
19.1.c. Any
				monitoring well or borehole found by the appropriate groundwater regulatory
				agency to be acting as a conduit for groundwater contamination shall be
				abandoned within fifteen (15) working days after written notification by the
				appropriate groundwater regulatory agency.
19.1.d. Any monitoring well constructed after
				the effective date of this rule not meeting the requirements of this rule shall
				be abated, abandoned or replaced with a monitoring well meeting the
				requirements of this rule within sixty (60) days after written notification by
				the appropriate groundwater regulatory agency that the well is noncompliant,
				unless approved by the appropriate groundwater regulatory agency in accordance
				with section 22 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 47-60 - Monitoring Well Design Standards › Section 47-60-20 - Driven-Point Wells

Current through Register Vol. XLI, No. 28, July 12, 2024
Driven-point wells with contaminant compatible drive pipes
				  and well screens may be used as permanent monitoring wells if prior groundwater
				  regulatory agency approval is obtained. Prior approval is not necessary for
				  driven-point wells installed in the backfill surrounding underground storage
				  tanks used solely to determine the water table elevation in the tank pit for
				  tank tightness testing purposes. Written documentation shall be supplied to the
				  appropriate groundwater regulatory agency prior to installation
				  indicating:
20.1. That the well is to
				be used only for water table elevation measurements or to monitor for
				parameters for which the well casing and screen material will not interfere
				with the analytical results;
20.2.
				That the well will not provide a conduit for contaminants to enter the
				groundwater; and
20.3. That
				information on subsurface stratigraphy is not needed. In situations where
				subsurface geologic information is needed, a separate borehole shall be
				constructed to collect the required data.
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 47-60 - Monitoring Well Design Standards › Section 47-60-21 - Temporary Monitoring Wells

Current through Register Vol. XLI, No. 28, July 12, 2024
Temporary monitoring wells may be installed according to
				  alternate standards than specified for permanent monitoring wells. Any
				  temporary monitoring well construction shall be approved by the appropriate
				  groundwater regulatory agency prior to its installation. All temporary
				  monitoring wells shall be abandoned in accordance with section 19 of this rule
				  within one hundred twenty (120) days after their installation unless an
				  exception is allowed under section 22 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 47-60 - Monitoring Well Design Standards › Section 47-60-22 - Special Circumstances and Exceptions

Current through Register Vol. XLI, No. 28, July 12, 2024
22.1. The appropriate groundwater regulatory
				agency may require or approve more restrictive or alternative well material,
				assembly, installation, development or abandonment procedures if the
				contaminant concentrations or geologic setting require alternative
				construction. Prior written approval is required before any alternative
				materials are used in monitoring well installation.
22.2. Exceptions to the requirements of this
				rule may be approved by the appropriate groundwater regulatory agency prior to
				installation or abandonment. An exception request shall state the reasons why
				compliance with the rule requirements is infeasible or unnecessary. The
				appropriate groundwater regulatory agency may conditionally approve an
				exception by requiring materials or procedures that safeguard against
				contamination and result in monitoring well construction that is substantially
				equivalent to the requirements of this rule. Failure to comply with the
				conditions of an exception voids the appropriate groundwater regulatory
				agency's approval of the exception.
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 47-60 - Monitoring Well Design Standards › Section 47-60-23 - Enforcement

Current through Register Vol. XLI, No. 28, July 12, 2024
23.1. Any person
				who violates this rule shall be subject to civil administrative penalties,
				civil or criminal penalties, enforcement orders, and procedures as set forth in
				W. Va. Code §
									22-12-10
				and 47CSR59 "Monitoring Well Regulations."
23.2. The appeal and review procedures set
				forth in W. Va. Code §
									22-12-11 shall
				be applicable to actions arising under 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 47-60 - Monitoring Well Design Standards › Table 1 - WELL VOLUME CALCULATIONS

Current through Register Vol. XLI, No. 28, July 12, 2024
Click
				  Here To View Image
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 47-61 - Community Infrastructure Investment Program › Section 47-61-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope and
				Purpose. -- This legislative rule establishes requirements governing the
				Community Infrastructure Investment Program established pursuant to W. Va. Code
				§
									22-28-1 et
				seq. The program will facilitate the construction or expansion of project
				facilities for the promotion of economic development and the protection of
				public health and environment in the state.
1.2. Authority. -- W. Va. Code §
									22-28-9.
1.3. Filing Date. -- April 20,
				2006.
1.4. Effective Date. -- April
				20, 2006.
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 47-61 - Community Infrastructure Investment Program › Section 47-61-3 - Community Infrastructure Investment Program

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Prior to filing a formal application for
				a certificate, the public utility or the person intending to construct a
				community infrastructure project must file a "notice of intent" with the
				Secretary. This notice of intent must demonstrate a desire to construct the
				project under the provisions of this rule and must state the date the utility
				expects to file the application. The notice of intent must be filed as soon as
				possible, but no later than the date of filing of an application for any
				applicable Department permit or permit modification, whichever is earlier, or
				the filing of any applicable permit application with the Bureau for Public
				Health by the person responsible for the construction of the project
				facilities. If a permit has already been issued or an application for a permit
				has already been submitted as of the effective date of this rule, the
				requirement of this section will be waived.
3.2. Application requirements.
3.2.a. A joint application from a person
				intending to construct a community infrastructure project and the public
				utility to which the project will be transferred must be filed with the
				Secretary on a prescribed form and must include all of the following:
3.2.a.1. Completed Form #CIIP-1;
3.2.a.2. Utility's current rate tariff,
				proposed new tariff for the project, if applicable and annual budget;
3.2.a.3. Utility's most recent two annual
				independent audited financial statements;
3.2.a.4. Opinion of bond counsel with respect
				to existing bond covenants being satisfied as a result of transfer of the
				project;
3.2.a.5. Attorney's
				preliminary opinion of title transfer that upon completion of the project the
				transfer will take place;
3.2.a.6.
				Any applicable permits issued by the Department and/or Bureau for Public
				Health;
3.2.a.7. An independent
				certified public accountant's cash flow analysis for the public utility's
				current operations and projected operations after the transfer of the
				project;
3.2.a.8. A certified copy
				of the resolution of the governing body of the public utility authorizing the
				filing of an application.
3.2.a.9.
				Evidence and documentation of public participation efforts conducted by the
				public utility, prior to the filing of this application;
3.2.a.10. Proposed Agreement; and
3.2.a.11. The application
				fee.
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 47-61 - Community Infrastructure Investment Program › Section 47-61-5 - Permitting Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
Prior to the issuance of a certificate by the Secretary, all
				  necessary permits, where applicable, must have been obtained from the
				  Department and the Bureau for Public Health. Facilities discharging into the
				  Potomac River watershed and its tributaries must be designed to achieve
				  nutrient reductions, for both nitrogen and phosphorus, consistent with West
				  Virginia's participation in the Chesapeake Bay program upon implementation of
				  the Chesapeake Bay standards by the Secretary.
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 47-61 - Community Infrastructure Investment Program › Section 47-61-6 - Time for approval

Current through Register Vol. XLI, No. 28, July 12, 2024
The Secretary will approve or reject all applications for a
				  project within thirty (30) days from the date the application is deemed
				  administratively complete. By mutual agreement among all the parties such time
				  period may be extended but in no case will the time period extend beyond ninety
				  (90) days from the date the application is deemed administratively complete.
				  Construction on the project will not be initiated until the certificate has
				  been issued and a copy of the executed Agreement has been returned to the
				  Secretary.
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 47-61 - Community Infrastructure Investment Program › Section 47-61-7 - Fees

Current through Register Vol. XLI, No. 28, July 12, 2024
Each application for a certificate must be submitted with a
				  check or money order made payable to the Department of Environmental
				  Protection, Office of Water Resources in the amount of
				  $3,000.00.
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 47-62 - Initial Inspection, Certification and Spill Prevention Response Plan Requirements › Section 47-62-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. - This
				Interpretive Rule provides guidance and clarification for complying with the
				initial inspection and certification requirements set forth in the Aboveground
				Storage Tank Act ("the Act") at W. Va. Code §
									22-30-6
				and the requirements for submitting Spill Prevention Response Plans set forth
				in the Act at W. Va. Code §
									22-30-9.
1.2. Authority. - W. Va. Code §
									22-30-23
1.3. Filing Date. - October 21,
				2014
1.4. Effective Date. -
				November 20, 2014
1.5.
				Applicability. - This Interpretive Rule applies to owners or operators of
				aboveground storage tanks, as that term is defined in W. Va. Code §
									22-30-3(1),
				who are required to complete an inspection of all registered tanks and to
				certify that inspection to the Department of Environmental Protection on or
				before January 1, 2015, and to submit to the Department of Environmental
				Protection a site specific Spill Prevention Response Plan for all registered
				tanks or tank facilities on or before December 3, 2014. This Interpretive Rule
				shall continue from its effective date until June 1, 2015, unless sooner
				terminated, continued or reestablished as a Legislative Rule pursuant to W. Va.
				Code §
									29A-3-1,
				et seq.
1.6. Purpose. - This
				Interpretive Rule is designed to protect the public water supply resources, the
				health and safety of our citizens, the environment, and the economy of the
				State of West Virginia from potentially dangerous substances stored in
				aboveground storage tanks.
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 47-62 - Initial Inspection, Certification and Spill Prevention Response Plan Requirements › Section 47-62-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "AST" means
				aboveground storage tank as defined in § 22-30-3(1) .
2.2. "Level 1 AST" means an AST that is
				determined by the Secretary to have the potential for high risk of harm to
				public health or the environment due to its contents, size or location. Except
				for ASTs containing potable water, filtered or unfiltered surface water or
				groundwater (excluding flowback water from oil and gas wells), demineralized
				water, noncontact cooling water or water stored for fire or emergency purposes,
				food or food-grade materials, empty mobile tanks, or hazardous waste tanks
				subject to regulation under 40 C.F.R. §§ 264 and 265, exclusive of
				tanks subject to regulation under 40 C.F.R. §265.201, an AST that meets
				any of the following criteria is a Level 1 AST:
2.2.a. An AST located within a zone of
				critical concern, source water protection area or public surface water
				influenced groundwater supply source; or
2.2.b. An AST that contains substances
				defined in section 101(14) of the Comprehensive Environmental Response,
				Compensation and Liability Act (CERCLA) as a "hazardous substance" ( 42 U.S.C.
				§ 9601 (14)); or
2.2.c. An AST
				with a capacity of 50,000 gallons or more, regardless of location or contents
				(except those specifically excluded as Level 1 tanks in Section 2.2 above);
				or
2.2.d. Any AST, regardless of
				contents, size or location, that the Secretary determines exhibits a potential
				for high risk of harm to public health or the environment. The Secretary, in
				his or her discretion, may consider factors including, without limitation,
				tanks that contain substances that are on the federal Environmental Protection
				Agency's "Consolidated List of Chemicals Subject to the Emergency Planning and
				Community Right to Know Act (EPCRA), CERCLA, and § 112(r) of the Clean Air
				Act (CAA)" (known as "the List of Lists") as provided by 40 C.F.R. §§
				355, 372, 302, and 68 ), regardless of the AST's location. The Secretary shall
				provide notice to the AST owner or operator of the Level 1
				designation.
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 47-62 - Initial Inspection, Certification and Spill Prevention Response Plan Requirements › Section 47-62-3 - Initial Inspection and Certification

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. For Level 1 ASTs, the initial inspection
				of each tank shall be performed by a qualified professional engineer; or by a
				qualified person working under the direct supervision of a professional
				engineer; or by an individual certified to perform tank inspections by the
				American Petroleum Institute (API); or by a person certified to perform tank
				inspections by the Steel Tank Institute (STI). The inspection shall be
				certified by the professional engineer (for those inspections conducted by a
				professional engineer or a qualified person working under the direct
				supervision of a professional engineer) or by the API certified inspector or by
				the STI certified inspector on a form prescribed by the Secretary and submitted
				to the Secretary on or before January 1, 2015.
3.2. For Level 2 and Level 3 ASTs, the
				initial inspection of each tank shall be performed by any of the persons listed
				in Section 3.1 above; by the owner or operator of the AST; or by any person
				designated by the owner or operator of the AST. The inspection shall be
				certified as set forth in Section 3.1 above (if the inspection is conducted by
				a person listed in that section) or by the owner or operator of the AST (if the
				inspection is conducted by the owner or operator or a person designated by the
				owner or operator) on a form prescribed by the Secretary and submitted to the
				Secretary on or before January 1, 2015.
3.3. Regardless of tank classification (i.e.,
				Level 1, Level 2 or Level 3), the inspections shall be conducted in accordance
				with the industry standard appropriate to the tank or tank facility
				(
see
, industry standards in Appendix A) and shall, at a
				minimum, conform to the requirements set forth in Appendix 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 47-62 - Initial Inspection, Certification and Spill Prevention Response Plan Requirements › Appendix A

Current through Register Vol. XLI, No. 28, July 12, 2024
American National Standards Institute (ANSI)
1819 L Street, NW, 6th Floor
Washington, DC 20036
www.ansi.org
American Petroleum Institute (API)
1220 L Street, N.W.
Washington, DC20005
www.api.org
American Society of Mechanical Engineers (ASME)
ASME International Three Park Avenue
New York, NY10016-5990
www.asme.org
American Society for Non-destructive Testing (ASNT)
1711 Arlington Lane
Columbus, OH 43228-0518
www.asnt.org
American Society for Testing and Materials (ASTM)
100 Barr Harbor Drive
West Conshohocken, PA 19429-2959
www.astm.org
American Water Works Association (AWWA)
6666 West Quincy Avenue
Denver, CO 80235
www.awwa.org
National Association of Corrosion Engineers (NACE)
P. O. Box 218340
Houston, TX 77218
www.nace.org
National Fire Protection Association (NFPA)
Batterymarch Park
Quincy, MA02269
www.nfpa.org
Petroleum Equipment Institute (PEI)
P. O. Box 2380
Tulsa, OK74101-2380
www.pei.org
Steel Tank Institute (STI)
570 Oakwood Road
Lake Zurich, IL 60047
www.steeltank.com
Underwriters Laboratories (UL)
333 Pfingsten Road
Northbrook, IL 60062
www.ul.com