W. Va. Code R. § 47-13-11

Current through Register Vol. XLI, No. 24, June 14, 2024

Section 47-13-11 - Criteria and Standards Applicable to Class 4 Wells

11.1. General.

11.1.1. This section sets forth criteria and standards for underground injection control programs to regulate wells, including non-residential septic system wells, used by generators of hazardous wastes or owners and operators of hazardous waste management facilities to inject into or above strata that contain an underground source of drinking water.

11.1.2. All new Class 4 wells are prohibited.

11.2. Notification by Owners and Operators. The owner or operator of an existing Class 4 well shall submit to the Director:

11.2.1. Notice of the existence of any Class 4 well under his control; and

11.2.2. Information regarding the well.

11.3. Closure of Class 4 Wells.

11.3.1. The operation of any existing Class 4 well shall be prohibited 6 months after the effective date of this rule.

11.3.2. In determining the enforcement strategy and time allowed for closure, the Director shall consider the following criteria:

11.3.2.a. Population relying on the underground source of drinking water affected or potentially affected by the injection;

11.3.2.b. Local geology and hydrology;

11.3.2.c. Toxicity and volume of injected fluid; and

11.3.2.d. Injection well density.

11.3.3. The owners or operators of Class 4 wells shall be notified by certified mail of the time by which closure must be accomplished as decided upon by the Director and, if appropriate, of a compliance schedule leading to closure.

11.3.4. Nothing in this section is intended to limit the Director in taking immediate action necessary to protect the health of persons.

11.3.5. Class 4 Wells should not be in operation unless as part of an EPA administered program. Therefore, closure shall follow federal rules 40 CFR 144.23.

11.4. Monitoring and Reporting Requirements. The Director shall prescribe monitoring and reporting requirements for existing Class 4 wells while they are operating.

11.4.1. Monitoring requirements shall, at a minimum include:

11.4.1.a. Record keeping as required in W. Va. Code §22-18 and rules thereunder.

11.4.1.b. Weekly monitoring of existing water supply wells in the vicinity for parameters based upon the characteristics of the injection fluids.

11.4.1.c. Maintenance of the results of monitoring under subdivision 14.6.2. and paragraph 14.12.10.b.

11.4.2. Reporting requirements shall prescribe the form, manner, content and frequency of reports to the Director. The permittee shall be required to identify the types of tests and methods used to generate the monitoring data. At a minimum, the requirements shall include:

11.4.2.a. Quarterly reporting of the results of monitoring required under subdivision 11.4.1 of this section;

11.4.2.b. Immediate notification to the Director of any change in the concentration of any parameter measured at an existing water supply well; and

11.4.2.c. Written notification to the Director within 30 days after any compliance schedule date of whether the owner or operator has or has not complied with the requirements in question.

W. Va. Code R. § 47-13-11