W. Va. Code R. § 64-46-13

Current through Register Vol. XLI, No. 36, September 6, 2024

Section 64-46-13 - Additional Requirements

13.1. All installations and operations shall meet or exceed relevant requirements of national, state, or local codes, whichever government body has jurisdiction.

13.2. The Commissioner shall specify construction requirements more stringent than those specified in this rule within specific areas of concern to protect the public health or prevent contamination of groundwater. The specific areas of concern recommendations shall be based on the assessment of the hydrologic condition and contaminant characteristics that may require more stringent design standards. Prior to requiring more stringent standards within a specific area of concern the Commissioner shall submit a report to the advisory board, established under the Bureau's rule, Water Well Regulation, 64CSR19, section 11, for its review and recommendations.

13.3. When the strict application of any provision of this rule presents practical difficulties or unusual hardship, the Commissioner may grant a variance for that specific instance. Variance requests shall be made in writing to the Commissioner on forms prescribed by the Commissioner. The request shall include a thorough description of the site (lot size, the location of sewers, septic tanks, buildings, seepage fields, and other sources of contamination on the property and adjacent property with distances shown to the proposed well) and a brief summary of the provisions for which a variance is requested, and a complete justification as to why the variance is needed. The requestor shall include how the alternate standard protects the quality of groundwater and protects public health and safety. The request shall provide a description of site-specific geologic and soil conditions. The Commissioner shall not grant any variance unless the applicant demonstrates that there will be unusual and unnecessary hardship in complying with the rules; contamination of the water well will not occur as a result of construction and operation of the system; the health of persons using water from the private water system will not be endangered thereby; and no other technically feasible and economically reasonable means of obtaining water from the proposed type of water source exists. The Commissioner shall notify the applicant in writing within thirty (30) calendar days of its decision to either grant or deny the variance. In all cases, variances shall be approved in advance of the performance of the actual work.

13.3.a. After any variance is issued regarding the location of a well with respect to various contamination sources in Table 46-46 A of this rule, the Commissioner shall take two (2) water samples from the well and have them analyzed for Total coliform and E. coli at an approved laboratory. The Commissioner may require analysis for other water quality parameters that may exist in conjunction with the source of potential pollution as necessary to protect the health or safety of potential users. At the time the variance is approved, the Commissioner shall notify the owner as to what these parameters are. One (1) sample shall be taken within thirty (30) days and the second sample shall be taken within sixty (60) days, after completion of the well. After receiving the water analysis, the Commissioner shall determine if a water treatment unit shall be installed to accommodate any water quality problems as determined by the chemical and bacteriological testing.

13.3.b. Examples of location problems which could preclude compliance with this rule include the proposed location of a well being too close to septic tanks, buildings, sewer lines, or barnyards as indicated in Table 64-46 A of this rule.

13.3.c. Examples of public health and engineering principles that may be considered in issuing a variance are ground surface conditions, the depth of the water table, the location of sources of pollutants, the vulnerability of the aquifer to bacteria and other pollutants, and the geologic conditions at the site.

W. Va. Code R. § 64-46-13