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-5 - Terms and Conditions

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Any
				constituent for which a variance is granted shall not cause a violation of
				water quality standards or groundwater quality standards at any
				receptor.
5.2. A sufficient number
				of monitoring wells of approved design and construction shall be installed and
				maintained between the variance applicable area and the receptor. If the
				Secretary reasonably believes the current number and location of compliance
				monitoring wells is no longer adequate to monitor the variance applicable area,
				the Secretary may order the installation of additional wells.
5.3. Groundwater protection standards and
				preventative action limits will be applied on intrawell comparisons; that is,
				each compliance monitoring well would stand alone, and not be collectively
				averaged with all other wells monitoring the variance applicable
				area.
5.4. Preventative action
				limits have been statistically calculated to establish a concentration for the
				specified constituent that is achievable with a 95% (percent) confidence
				level.
5.5. Any expansion of the
				existing coal storage area outside of its variance applicable area is
				prohibited; unless the expanded area employs all relevant mitigation practices
				in accordance with applicable rules promulgated pursuant to Chapter 22, Article
				12 et.seq., "Groundwater Protection Act".
5.6. Compliance monitoring shall begin on the
				effective date of this rule and shall continue in accordance with this section,
				"Terms and Conditions" of this rule.
5.7. Compliance monitoring of the variance
				applicable area shall be quarterly provided that three (3) successive
				preventative action limit (PAL) exceedences shall result in an increased
				monitoring frequency to monthly. Compliance monitoring will continue on a
				monthly basis until such time as the reason for the exceedences is resolved or
				the pattern of exceedences is broken by two (2) successive sampling events
				below the preventative action limits (PAL).
5.8. The Secretary upon determining that an
				exceedence of the preventative action limit (PAL) has occurred for any
				constituent shall notify the facility by certified mail that a verification
				sample shall be taken within thirty (30) days receipt of such notification to
				substantiate such exceedence. A verification sample which exceeds a
				preventative action limit (PAL) shall be deemed a second exceedence for
				purposes of establishing a pattern of exceedences.
5.9. If three (3) successive exceedences of
				the PAL should occur, the facility will initiate an assessment of the variance
				applicable area which may include groundwater modeling to determine the cause
				of such exceedences. The results of such an assessment shall be reported to the
				Secretary.
5.10. If four (4)
				successive exceedences or five (5) exceedences of the PAL within a six (6)
				month period should occur, then the facility shall initiate a plan of
				mitigation to be approved by the Secretary in order to assure that groundwater
				protection standards are not violated.
5.11. If a groundwater protection standard is
				exceeded, sampling shall immediately be increased from quarterly to monthly.
				Compliance monitoring will continue on a monthly basis until such time as a
				reason for the exceedence is resolved, or until such time as there are two (2)
				successive sampling events below the preventative action limit (PAL).
5.12. The Secretary upon determining that an
				exceedence of the Groundwater Protection Standard (GWPS) has occurred for any
				constituent shall notify the facility by certified mail that a verification
				sample shall be taken within thirty (30) days receipt of such notification to
				substantiate such exceedence. A verification sample which exceeds a groundwater
				protection standard (GWPS) shall be deemed a second exceedence.
5.13. If a second successive exceedence of
				the groundwater protection standard (GWPS) should occur, the facility shall
				sample the receptor, and conduct an assessment of the variance applicable area
				which may include groundwater modeling to determine the cause of such
				exceedence. The results of which shall be reported to the Secretary.
5.14. If a third successive exceedence of the
				groundwater protection standard (GWPS) should occur, or if there are four (4)
				exceedences of the Groundwater Protection Standard (GWPS) within a six (6)
				month period, the facility will initiate remedial action, including an
				evaluation of environmental and human health risks.