West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-22 - Generic State Management Plan For Pesticides And Fertilizer In Groundwater › Section 61-22-3 - Goals and General Program Policies

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The goal of the State Management Plan
				for Pesticides and Fertilizers in Groundwater is to prevent, minimize, or
				mitigate the movement of pesticides and fertilizer to groundwaters of the
				state. This goal does not mean zero-contaminant discharge, but that discharges
				of pesticides and fertilizers be conducted in a manner that will maintain or
				improve present groundwater quality and not impair potential use of groundwater
				or pose a public health hazard. Remediation of groundwater where contaminated
				with pesticides and fertilizers should utilize all existing relevant
				technologies to revert water to its previous condition. The term pesticides and
				fertilizers shall mean the same as their definition in W. Va. Code ''19-16A-1
				et seq. and 19-15-1 et seq. respectively.
3.2. Groundwater classification can allow
				ground waters of the state to be identified and protected according to their
				water quality and present or potential use. The highest and best use of
				groundwater is for drinking purposes. Groundwater in some aquifers may not be
				suitable for drinking due to natural conditions such as salinity.
3.3. Pesticides and fertilizers are
				beneficial and important to the economy of the state. Scientific procedures
				exist that permit the mathematical prediction of the potential of probability
				of their subsequent entry into groundwater. However, predictive modeling must
				be verified by actual monitoring. Procedures also exist to identify areas of
				the state more vulnerable to groundwater contamination due to soils, geology,
				hydrology and pesticide and fertilizer use patterns. Identification of
				sensitive areas for this program serves to focus the utilization of limited
				resources.
3.4. By identifying
				chemicals of concern and sensitive areas of the state and applying appropriate
				Best Management Practices on a voluntary basis, or on a mandatory basis if the
				voluntary efforts fail, useful chemical production tools can be maintained
				while protecting the state's groundwater resource. This approach recognizes
				that the elimination of useful pesticides and fertilizers may cause economic
				hardships and that replacement products or techniques may also cause
				environmental or health risks.
3.5.
				Valid scientific monitoring, prediction and other methodologies will be used in
				a scientific approach to determining the quality of ground­water
				resources. Modern analytical techniques can identify minute concentrations of
				chemicals, far below levels of health concern. As improvements are made in
				these techniques, lower and lower concentrations will be detected, which makes
				zero discharges theoretically an impossibility. For these reasons, the use of
				numerical health-based standards to trigger management changes is a sound
				ground-water resource management approach. As activities carried out near
				wellheads often affects well water quality, this groundwater protection plan
				includes a wellhead protection strategy.
3.6. Existing state and federal resources,
				funding programs, fee controls, grants and cooperative agreements will be used
				to the maximum extent possible. Where necessary, appropriate new legislation
				will be sought.