W. Va. Code R. § 47-57A-1

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

Section 47-57A-1 - General

1.1. Scope. -- Variances may be granted by the legislative to allow groundwater quality standards to be exceeded for a single source or a class of sources which by their nature cannot be conducted in compliance with the requirements of W. Va. Code '22-12-5, "Groundwater Protection Act". The benefits of granting the variance must out weigh the benefits of complying with existing groundwater quality standards and demonstrate that there is no technologically feasible alternative available, and that granting the variance is more in the public interest than adherence to existing groundwater quality standards.

1.1.a. A study was initiated by Allegheny Power (AP) and American Electric Power (AEP) and conducted by the Electric Power Research Institute (EPRI) to ascertain the existing ground water quality at nine(9) steam electric generating facilities throughout the state. The study concluded that four(4) metals (beryllium, cadmium, chromium and nickel) were consistently exceeding groundwater quality standards at coal storage areas, and two(2) metals (nickel and selenium) were consistently exceeding groundwater quality standards at ash disposal areas.

1.1.b. The purpose of this legislative rule is to grant relief from existing groundwater quality standards by establishing groundwater protection standards (GWPS) for variance applicable areas for both the coal storage and ash disposal sites at nine(9) steam electric power generating facilities within the state.

1.2. Authority. -- W. Va. Code '22-12-5(l).

1.3. Filing Date. -- May 12, 2000.

1.4. Effective Date. -- June 1, 2000.

W. Va. Code R. § 47-57A-1