W. Va. Code R. § 61-22-9

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 61-22-9 - Groundwater Contamination Prevention Measures

9.1. General. Contaminated groundwater can be very expensive and sometimes impossible to totally remediate. When contamination occurs from point sources, the origin of the pollutant can be identified and corrective action taken to prevent further contamination. When contamination comes from a nonpoint source, remediation may be more expensive than from point source contamination and may not be technologically or economically feasible. Prevention of unacceptable contamination from pesticides and fertilizers, rather than depending on remediation is the primary goal of this plan.

9.2. Point Source Management. Any pesticide and fertilizer can contaminate wells or groundwater from point sources and all areas of the state can be vulnerable, although areas determined to be more vulnerable to contamination from nonpoint sources will also be more vulnerable to point source contamination. Because of the ubiquitous nature of the point source threat to groundwater, prevention measures will apply to all pesticides and fertilizers. Some measures may be voluntary while other measures are mandatory and described by statue.

9.2.a. Regulations will be adopted to provide for secondary containment at pesticide and fertilizer storage and mixing sites. Likewise, regulations will be adopted to provide for mixing/loading pad requirements, containment at bulk pesticide and fertilizer storage sites and rainwater and surface discharge management at pesticide and fertilizer storage and mixing sites.

9.2.b. Animal waste storage and management, best management practices and/or regulations will be promulgated.

9.3. Wellhead Protection. Activities which may threaten wells will be cataloged, regulated and monitored in wellhead protection zones and may be already covered by statute. State well codes will be assessed to determine if they provide adequate protection. Programs to assist well owners in evaluating construction and maintenance deficiencies and in reconditioning substandard wells will be initiated. Additional wellhead protection practices include:

9.3.a. education on proper well construction and maintenance practices;

9.3.b. conducting pesticide and fertilizer mixing activities a safe distance (100 feet or more) from wells or confining mixing activities to watertight loading pads;

9.3.c. storing pesticides and fertilizer away from wells;

9.3.d. use of anti-backsiphon devices or allowing an air space between the filling hose and liquid in the tank when sprayers are filled at the well or water distribution system and when practicing chemigation;

9.3.e. reduction in sprayer rinsate through use of injection sprayers or on-board sprayer rinsers;

9.3.f. recycling of sprayer rinsate through use as sprayer make-up water; or

9.3.g. avoiding pesticide and fertilizer application within 50 feet of wellheads.

9.4. Other programs will be developed to include:

9.4.a. programs on ground and surface water protection for urban and home use audiences;

9.4.b. programs to collect excess and unusable pesticides for proper disposal;

9.4.c. educational programs to encourage proper triple rinsing or pressure rinsing of pesticide containers;

9.4.d. pesticide container recycling programs; and

9.4.e. public education in schools, civic clubs and other organizations on water resource protection.

9.5. Nonpoint Management Plans

9.5.a. General. Chemical specific management plans addressing nonpoint contamination will be two-tiered, relying on voluntary measures first, with mandatory measures enacted if voluntary measures fail to alleviate contamination.

9.5.b. First Tier Voluntary Management

9.5.b.A. Vulnerability Assessments. Agencies including Cooperative Extension and Environmental Resource Conservation Service will assist landowners and managers with assessments which will determine specific areas vulnerable to groundwater contamination due to conditions such as highly permeable soils, shallow ground water, geological features such as sinkholes, presence of drainage wells and presence of major groundwater recharge areas. Based on conditions found, voluntary management plans will be developed. These plans may include:

9.5.b.A.1. use of alternative pesticides or methods in vulnerable areas;

9.5.b.A.2. sealing dry and abandoned wells;

9.5.b.A.3. changes in rate or timing of pesticide and fertilizer applications;

9.5.b.A.4. buffer strips to protect sinkholes, drainage well inlets and surface water;

9.5.b.A.5. alternate crop rotations;

9.5.b.A.6. conservation tillage to reduce pesticide and fertilizer runoff to sinkholes, drainage well inlets or surface water;

9.5.b.A.7. soil conservation practices such as terracing, contouring, strip cropping and grassed waterways; and

9.5.b.A.8. nutrient management practices such as soil and tissue testing, changes in application timing and use of nitrification inhibitors.

9.5.b.B. State-wide Education Efforts. In addition, state-wide educational efforts will stress the use of management techniques that improve efficiency in the use of pesticides and fertilizers including:

9.5.b.B.1. use of Integrated Crop Management techniques: scouting for pests, use of economic thresholds and considering all pest management options- chemical, cultural and biological;

9.5.b.B.2. use of alternative crop rotations to reduce pest problems or reduce nitrogen fertilizer needs;

9.5.b.B.3. alternative pesticide application techniques such a band and spot application;

9.5.b.B.4. proper calibration and operation of application equipment; and

9.5.b.B.5. intensive soil sampling of fields to allow adjustments in fertilizer and pesticide application rates.

9.5.c. Second Tier Mandatory Management

9.5.c.A. If monitoring detects levels of a pesticide or fertilizer that are already in excess of health-based standards or if voluntary management changes fail to reverse a trend which could cause standards to be exceeded in the future, within a vulnerable area, regulatory restrictions would be imposed by the Department of Agriculture. Limiting restrictions to specific vulnerable areas avoids penalizing non-contributory areas.

9.5.c.B. Examples of restrictions include:

9.5.c.B.1. reductions in rates of application if reduced rates provide efficacious control of pests;

9.5.c.B.2. changes in application timing;

9.5.c.B.3. mandatory set-backs (buffer zones) from points where surface water directly enters groundwater;

9.5.c.B.4. use of specific formulations or additives to reduce leaching risk;

9.5.c.B.5. restricted use designation to limit application to certified applicators;

9.5.c.B.6. prohibition of certain application techniques such as chemigation, soil incorporation or injection;

9.5.c.B.7. required changes in irrigation techniques such as irrigation scheduling and soil moisture determination;

9.5.c.B.8. prohibiting use of certain chemicals in vulnerable areas; or

9.5.c.B.9. mandatory attendance to educational and training programs, ie. special certification for purchase and use.

W. Va. Code R. § 61-22-9