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 47-57-6 - Variance From Groundwater Quality Standards and Preventative Action Limits

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Application --
				Upon petition by any person, the Director may identify a single source or class
				of sources which by their nature cannot be conducted or operated in compliance
				with the groundwater quality standards or preventative action limits, or both,
				established pursuant to the Act and may grant a variance for a single source or
				class of sources. In the case of a petition on behalf of a class of sources,
				the petition may be filed by any person. In the case of a petition on behalf of
				a single source, the petition may only be filed by the owner or operator of
				that source. Any person who petitions for such variance must give
				contemporane­ous notice of the petition by Class I advertisement in a
				newspaper of general circulation in the area to be affected by the requested
				variance. If the petitioner seeks a variance which would apply throughout the
				state, a Class I advertisement must be placed in a newspaper of state-wide
				circulation. Any advertisement must identify the name, address, and telephone
				number of the person requesting the variance, the area in which the variance
				would be effective (note: include a map if appropriate), and the source or
				class of sources for which the variance is requested and the constituents for
				which the variance is requested.
6.2. Contents -- An application for a
				variance from preventative action limits or groundwater quality standards, or
				both, must contain the following information:
6.2.a. A name, mailing address, and phone
				number of the person requesting the variance, and the name of the individual to
				be contacted regarding the application;
6.2.b. A description of the source or class
				of sources and constituents for which the variance is being
				requested;
6.2.c. The levels of
				constituents for which the variance is being requested.
6.2.d. A description of the area for which
				the variance is proposed, including an analysis of the geology and hydrology of
				the area;
6.2.e. A description of
				current groundwater quality and uses in the area to be affected by the
				variance, and the predicted long-term effect of the variance on the groundwater
				quality and uses;
6.2.f. A list of
				other sources which may have an effect on groundwater quality in the area for
				which the variance is requested;
6.2.g. The alternate limits or standards and
				mitigation measures proposed by the applicant if the variance is granted, and
				any proposed variance conditions;
6.2.h. A statement describing why the source
				or class of sources by their nature cannot be altered or modified to avoid
				violating preventative action limits or water quality standards;
6.2.i. A statement of the nature and extent
				of the benefits of the proposed variance including, but not limited to,
				benefits associated with economics, employment opportunities, health and
				safety, and the environment;
6.2.j.
				A description of alternatives to the variance, and an explanation of why the
				benefits of the proposed action outweigh the benefits of each considered
				alternative course of action, including not granting a variance, and an
				explanation of why none of the considered alternatives is reasonable and
				prudent;
6.2.k. A statement
				explaining why the proposed action is more in the public interest than the
				protection of groundwater quality standards or preventative action limits;
				and
6.2.l. A certificate of
				publication.