W. Va. Code R. § 47-57B-1

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

Section 47-57B-1 - General

1.1. Scope. -- Variances may be granted by the legislature to allow groundwater quality standards to be exceeded for a 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 reasonable and prudent 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 Virginia Electric and Power Company, doing business as Dominion Generation, and conducted by Resource International, Ltd., to ascertain the existing ground water quality at the Mount Storm steam electric generating facility located at Mount Storm, Grant County, West Virginia. The study concluded that five (5) metals (beryllium, cadmium, chromium, lead, and nickel) were consistently exceeding groundwater quality standards at the coal storage area.

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 the variance applicable area, which is the coal storage site at the Mount Storm steam electric generating facility.

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

1.3. Filing Date. -- April 15, 2002.

1.4. Effective Date. -- June 1, 2002.

W. Va. Code R. § 47-57B-1