Current through Register Vol. XLI, No. 24, June 14, 2024
Section 47-12-3 - Groundwater Standards3.1. Except as provided in subsections 3.2 and 3.3 below, the standards of purity and quality for groundwater in the state shall be the constituent concentrations found in Appendix A of this rule.3.2. Concentration of a constituent in excess of otherwise applicable groundwater quality standards shall be governed as follows: 3.2.a. Where the concentration of a constituent exceeds an otherwise applicable groundwater quality standard as a result of natural conditions, the naturally occurring level of that constituent shall become the groundwater quality standard for the affected area.3.2.b. Where the concentration of a certain constituent exceeds an otherwise applicable groundwater quality standard due to human-induced contamination, no further contamination by that constituent shall be allowed and every reasonable effort shall be made to identify, remove or mitigate the source of such contamination and to strive, where practical, to reduce the level of contamination over time to support drinking water use.3.3. Constituents in groundwater shall not cause a violation of the standards found at 47CSR2 in any surface water.3.4. Groundwater quality standards do not apply:3.4.a. Within areas of geologic formations that are site-specific to site production or storage zones of crude oil or natural gas and that are utilized for the exploration, development or production of crude oil or natural gas permitted pursuant to W. Va. Code §§ 22-6-1, et seq., 22-7-1, et seq., 22-8-1, et seq., 22-9-1, et seq., or 22-10-1, et seq.; and3.4.b. Within areas of geologic formations that are site-specific to the injection zones of Class II or III or wells permitted pursuant to the statutes and regulations governing the underground injection control program.3.4.c. To any constituent or any class of activities for which a variance from groundwater quality standards has been granted by the Secretary pursuant to W. Va. Code § 22-12-5(l).3.4.d. To coal extraction and earth disturbing activities directly involved in coal extraction that are subject to either or both W. Va. Code §§ 22-3-1, et seq. or 22-11-1, et seq.3.5. Measurement of inorganic constituents. 3.5.a. Compliance with groundwater protection standards for inorganic constituents shall be determined in terms of dissolved concentrations rather than total concentrations, except as specified in subdivision 3.5.b below.3.5.b. Any groundwater regulatory agency as specified in the Act may determine compliance with groundwater protection standards for inorganic constituents utilizing total concentration values only as necessary to protect human health or the environment. Appropriate situations for utilizing total concentrations values include, but are not limited to, the following: 3.5.b.1. The sample is from a carbonate formation in an area of karst terrane;3.5.b.2. The sample is from a collection point for groundwater used for private or public water supply;3.5.b.3. The sample is from a spring or seep; or3.5.b.3. The sample is one for which State or Federal regulations require that total inorganic concentrations be measured.