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-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 areas and the receptor. If the
				Director reasonably believes the current number and location of compliance
				monitoring wells is no longer adequate to monitor the variance applicable
				areas, the Director 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 wells monitoring the variance applicable areas.
5.4. Preventative action limits will be
				established at 80% (percent) of the groundwater protection standard or as
				otherwise determined by the Director.
5.5. Any expansion of existing coal storage
				areas or ash disposal ponds outside of its variance applicable areas is
				prohibited; unless these expanded areas employ all relevant mitigation
				practices in accordance with applicable rules promulgated pursuant to the
				Act.
5.6. Compliance monitoring
				shall begin on the effective date of this rule and shall continue in accordance
				with section 5.0 of this rule.
5.7.
				Compliance monitoring of the variance applicable areas shall be quarterly
				provided that three(3) successive preventative action limit (PAL) exceedences
				shall result in an increased monitoring frequency to monthly. Compliance
				montioring 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 Director 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(s) which may include groundwater modeling to determine the
				cause of such exceedences. The results of such an assessment shall be reported
				to the Director.
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 Director 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 Director 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(s) which may include groundwater modeling to determine the cause of such
				exceedence. The results of which shall be reported to the Director.
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.