W. Va. Code R. § 47-58-4

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

Section 47-58-4 - Groundwater Protection Practices For Industrial Establishments

4.1. Where the evaluation of an existing facility reveals that contamination is occurring, a schedule of compliance must be submitted by the facility or activity and approved by the director whereby the facility or activity must retrofit or improve or discontinue existing systems, activities, or procedures to make them, to the satisfaction of the director, protective of groundwater.

4.2. Subsurface borings (e.g., water wells, injection wells, soil boring, production wells, extraction wells, exploratory wells and groundwater monitoring wells) shall be constructed, operated and closed in a manner that protects groundwater.

4.3. Outside Material Storage or Disposal Areas

4.3.a. Existing areas used for outdoor, non-containerized storage or disposal of raw materials, products or waste shall be evaluated for their potential to contaminate groundwater. Where substantial potential exists, the areas shall have runoff/infiltration control systems. Placement of groundwater monitoring stations may be necessary to determine if contamination has occurred or is occurring.

4.3.b. New areas used for storage or disposal of raw materials, products or wastes shall be designed, constructed and operated to prevent release of contaminants to the groundwater, using liner systems if necessary. Groundwater monitoring stations may be necessary to assure protection of the groundwater resource.

Note: 47CSR11 requires all spills and accidental discharges to be reported by calling 1-800-642-3074.

4.4. Loading and Unloading Areas; Distribution and Bulk Facilities.

4.4.a. Loading and unloading stations including but not limited to drums, trucks and railcars shall have spill prevention and control facilities and procedures as well as secondary containment, if appropriate or otherwise required. Spill containment and cleanup equipment shall be readily accessible.

4.4.b. Distribution facilities and bulk containers shall be designed/installed in such a manner so as to prevent spills and leaks from contaminating groundwater.

4.5. Impoundments (Holding, Storage, Equalization, Treatment, etc.)

4.5.a. Existing impoundments shall be evaluated for their potential to cause groundwater contamination. Where potential for contamination exists, action shall be taken to eliminate, to the degree practicable, the potential for groundwater contamination. In addition further evaluation may be necessary to determine if contamination has occurred and to address such contamination in accordance with the act. Placement of groundwater monitoring stations may be necessary to perform this evaluation.

4.5.b. New impoundments shall be designed and operated to prevent contamination of groundwater. New impoundments which are found to have the potential to contaminate groundwater shall use a liner or other appropriate control system. Groundwater monitoring stations may be necessary to assure protection of the groundwater resource.

4.6. Impoundment Closure Requirements

4.6.a. All wastewater shall be treated and removed. All solids and sludges shall be properly disposed by in place closure if approved by the director, or removed to a landfill, or incinerated, unless a beneficial reuse is allowed in existing rule.

4.6.b. If in-place closure is to be performed, stabilize, if necessary, unless determined innocuous by the director.

4.6.c. Impoundments must be graded and leveled to the maximum extent possible including, where practicable, filling with soils or other material approved by the director, capped if the director determines necessary, and vegetated.

4.6.c.1. In the event the impoundment is subject to rule by the West Virginia Dam Control Act ('22-14-1 et seq.) or the rules promulgated thereunder, it must be closed in accordance with applicable sections of both W. Va. Code ''22-12 and 22-14.

4.6.d. Prior to closing an impoundment which has been found to be contaminating groundwater, a plan which includes, but is not limited to, details of capping, filling, grading, and runoff control must be submitted to the director for approval.

4.7. Pipelines, Ditches, Pumps, and Drums

4.7.a. Pipelines conveying materials which have the potential to contaminate groundwater shall preferentially be installed above ground.

4.7.b. Ditches shall not be installed as primary conveyances for materials which have the potential to contaminate groundwater unless provided with appropriate liners.

4.7.c. Pumps and ancillary equipment (e.g. valves, flanges, filters, condensate lines and instrumentation) handling materials that have the potential to contaminate groundwater shall be selected and installed to prevent or contain any spills or leaks.

4.7.d. Drums, containing materials that have the potential to contaminate groundwater, shall be stored so that spills and leaks are contained. Measures shall be taken to control drum deterioration and/or damage due to handling.

4.8. Sumps and Tanks.

4.8.a. Above-ground storage tanks shall have secondary containment that is appropriate considering the potential to contaminate groundwater. Such secondary containment shall be adequately designed and constructed to contain the materials for a time sufficient to allow removal and disposal without additional contamination of groundwater, but in no case will that time be less than seventy-two (72) hours.

4.8.b. Under-ground tanks containing materials which have the potential to contaminate groundwater shall be designed, constructed, and operated utilizing leak detection or secondary containment, or other appropriate controls that are capable of preventing groundwater contamination.

4.8.c. New tanks containing materials that have the potential to contaminate groundwater may only be installed underground for overriding safety, legal, security or fire protection concerns.

4.8.d. Sumps containing materials which have the potential to contaminate groundwater shall be designed, constructed, and operated utilizing leak detection or secondary containment, or other appropriate controls that are capable of preventing groundwater contamination.

4.8.e. Secondary containment is not required for sumps and tanks used only as secondary containment for other facilities.

4.9. Monitoring

4.9.a. Existing facilities not currently monitoring groundwater shall do so upon order of the director if the director reasonably believes that an industrial establishment is causing or has caused contamination of groundwater.

4.9.b. Industrial establishments may submit such baseline data and monitoring information as they deem appropriate to meet the requirements of the Act and this rule, including information necessary to determine existing quality.

4.9.c. New facilities shall monitor groundwater upon order of the director if the director reasonably believes that an industrial establishment or activity has the potential to contaminate groundwater.

4.9.d. Groundwater monitoring stations shall be located drilled and constructed in a manner that allows accurate determination of groundwater quality and levels, and prevents contamination of groundwater through the finished well hole or casing.

4.9.e. Groundwater monitoring stations shall be designed and installed in accordance with applicable rules promulgated pursuant to the Act.

4.9.f. All groundwater monitoring stations shall be accurately located utilizing latitude and longitude by surveying, or other acceptable means, and the coordinates shall be included with all data collected.

4.9.g. Data Management - The director may at his discretion require submittal of any or all groundwater monitoring data collected in association with a regulated activity, and may further specify an electronic format in which the data is to be submitted.

4.10. Site Selection Criteria -- Facilities or activities must determine if they are planning to locate or expand into areas of karst, wetlands, fault(s), subsidence, or delineated wellhead protection areas, as determined by the Bureau of Public Health. If areas of karst, wetlands, fault(s), subsidence, delineated wellhead protection areas or other areas determined by the director to be vulnerable based on geologic or hydrogeologic information, are determined to exist then the facility or activity design must adequately address the issues arising from locating in the area(s) of a potentially more vulnerable groundwater resource.

4.11. Each industrial establishment shall have a comprehensive groundwater protection plan (GPP). Each GPP shall contain the following:

4.11.a. An inventory of all operations that may reasonably be expected to contaminate the groundwater resources with an indication of the potential for soil and groundwater contamination from those operations;

4.11.b. A description of procedures designed to protect groundwater from the identified potential contamination sources, with specific attention given to:

4.11.b.1. Manufacturing facilities;

4.11.b.2. Materials handling;

4.11.b.3. Equipment cleaning;

4.11.b.4. Construction activities;

4.11.b.4. Maintenance activities;

4.11.b.5. Pipelines carrying contaminants; and

4.11.b.6. Sumps and tanks containing contaminants.

4.11.c. A list of procedures to be employed in the design of any new equipment/operations;

4.11.d. A summary of all activities carried out under other regulatory programs that have relevance to groundwater protection; and

4.11.e. A discussion of all available information reasonably available to the facility/activity regarding existing groundwater quality at, or which may be affected by the site.

4.11.f. A clarification that no wastes be used for deicing, fills, etc., unless provided for in existing rule.

4.11.g. Provisions for all employees to be instructed and trained on their responsibility to ensure groundwater protection. Job procedures shall provide direction on how to prevent groundwater contamination;

4.11.h. The GPP shall include provisions for quarterly inspections to ensure that all elements and equipment of the site's groundwater protection program are in place, properly functioning and appropriately managed;

4.12. Implementation Schedule -- In order to accomplish this task in a timely manner, the following schedule will be established.

4.12.a. Within one year of the effective date of these rule, all industrial establishments shall complete and implement a Groundwater Protection Plan (GPP). The GPP shall be based on a groundwater assessment survey and an evaluation of other applicable groundwater protection rule.

4.12.a.1. Failure to follow any practice set forth in the GPP constitutes a violation of this rule.

4.12.b. For new facilities, the GPP shall be completed prior to construction.

4.12.c. The GPP must be available on site at all times after one year from the effective date of these rule. The GPP is to be submitted and reviewed as part of the facility's or activity's permit application/renewal process. However, the director may review the GPP at any time.

4.12.d. The director may require modification to GPP's to assure adequate protection of groundwater. Further the director may, during review of a GPP require such other information as he reasonably needs to evaluate the plan.

4.12.e. Effect of groundwater certification for facilities or activities with permits.

4.12.e.1. GPP's for those facilities or activities who are required to obtain a permit will be administered through the appropriate permitting program. Groundwater certification will be incorporated into the issuance of the permit, only if all pertinent requirements of the act and rules promulgated thereunder have been met. If a compliance schedule is determined necessary to meet the requirements of the act the schedule shall be addressed in the facility/activity permit.

4.12.f. Groundwater certification for facilities or activities not required to obtain a permit - reserved.

4.12.g. Adherence to a GPP does not relieve the facility/activity of any obligation to comply with any other state, federal or local rule, rule, law or act.

W. Va. Code R. § 47-58-4