W. Va. Code R. § 47-57B-5

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

Section 47-57B-5 - Terms and Conditions

5.1. Any constituent for which a variance is granted shall not cause a violation of water quality standards or groundwater quality standards at any receptor.

5.2. A sufficient number of monitoring wells of approved design and construction shall be installed and maintained between the variance applicable area and the receptor. If the Secretary reasonably believes the current number and location of compliance monitoring wells is no longer adequate to monitor the variance applicable area, the Secretary may order the installation of additional wells.

5.3. Groundwater protection standards and preventative action limits will be applied on intrawell comparisons; that is, each compliance monitoring well would stand alone, and not be collectively averaged with all other wells monitoring the variance applicable area.

5.4. Preventative action limits have been statistically calculated to establish a concentration for the specified constituent that is achievable with a 95% (percent) confidence level.

5.5. Any expansion of the existing coal storage area outside of its variance applicable area is prohibited; unless the expanded area employs all relevant mitigation practices in accordance with applicable rules promulgated pursuant to Chapter 22, Article 12 et.seq., "Groundwater Protection Act".

5.6. Compliance monitoring shall begin on the effective date of this rule and shall continue in accordance with this section, "Terms and Conditions" of this rule.

5.7. Compliance monitoring of the variance applicable area shall be quarterly provided that three (3) successive preventative action limit (PAL) exceedences shall result in an increased monitoring frequency to monthly. Compliance monitoring will continue on a monthly basis until such time as the reason for the exceedences is resolved or the pattern of exceedences is broken by two (2) successive sampling events below the preventative action limits (PAL).

5.8. The Secretary upon determining that an exceedence of the preventative action limit (PAL) has occurred for any constituent shall notify the facility by certified mail that a verification sample shall be taken within thirty (30) days receipt of such notification to substantiate such exceedence. A verification sample which exceeds a preventative action limit (PAL) shall be deemed a second exceedence for purposes of establishing a pattern of exceedences.

5.9. If three (3) successive exceedences of the PAL should occur, the facility will initiate an assessment of the variance applicable area which may include groundwater modeling to determine the cause of such exceedences. The results of such an assessment shall be reported to the Secretary.

5.10. If four (4) successive exceedences or five (5) exceedences of the PAL within a six (6) month period should occur, then the facility shall initiate a plan of mitigation to be approved by the Secretary in order to assure that groundwater protection standards are not violated.

5.11. If a groundwater protection standard is exceeded, sampling shall immediately be increased from quarterly to monthly. Compliance monitoring will continue on a monthly basis until such time as a reason for the exceedence is resolved, or until such time as there are two (2) successive sampling events below the preventative action limit (PAL).

5.12. The Secretary upon determining that an exceedence of the Groundwater Protection Standard (GWPS) has occurred for any constituent shall notify the facility by certified mail that a verification sample shall be taken within thirty (30) days receipt of such notification to substantiate such exceedence. A verification sample which exceeds a groundwater protection standard (GWPS) shall be deemed a second exceedence.

5.13. If a second successive exceedence of the groundwater protection standard (GWPS) should occur, the facility shall sample the receptor, and conduct an assessment of the variance applicable area which may include groundwater modeling to determine the cause of such exceedence. The results of which shall be reported to the Secretary.

5.14. If a third successive exceedence of the groundwater protection standard (GWPS) should occur, or if there are four (4) exceedences of the Groundwater Protection Standard (GWPS) within a six (6) month period, the facility will initiate remedial action, including an evaluation of environmental and human health risks.

W. Va. Code R. § 47-57B-5