W. Va. Code R. § 38-2F-3 - Groundwater Protection Plans and Practices for Coal Mining Operations

3.1. Hydrologic and water quality protection practices established under the authority of W. Va. Code §22-11 or W. Va. Code §22-3 or W. Va. Code §22-30 and the legislative rules promulgated thereunder, were enacted in part to protect groundwater and are hereby incorporated by reference into this rule.

3.2. All coal mining operations which are not subject to the exemption set forth in subsection (h), Section 5 of the Act, shall conduct groundwater protection practices, and prepare and implement groundwater protection plans, as set forth in this rule. All exempted coal mining operations must conduct groundwater protection practices consistent with W. Va. Code § 22-11-1 et seq, and W. Va. Code § 22-3-1 et seq. Exempted operations are not subject to the existing quality or to the related provisions of subsections (f) and (g), Section 5 of the Act. Further, exempted operations are not subject to water quality standards promulgated by the Environmental Quality Board pursuant to the Act. Such operations shall nonetheless be designed, constructed, operated, maintained, and closed in such manner as to reasonably protect groundwater from contamination.

3.3. Groundwater Protection Plans.

3.3.a. Each groundwater protection plan shall at a minimum contain the following:

3.3.a.1. An inventory of all operations and activities that are not exempted operations and may reasonably be expected to contaminate ground­water, and an indication of the current existence of and the potential for groundwater contamination. These include, but are not limited to, evaluation of materials handling areas, loading and unloading areas, equipment cleaning, maintenance activities, pipelines carrying contaminants, sumps and tanks containing contaminants.

3.3.a.2. A description of new and/or existing controls or activities to protect groundwater from the identified potential contamination sources.

3.3.a.3. Schedules and procedures for employee training addressing the prevention of groundwater contamination.

3.3.a.4. Provisions for inspections to be conducted by the operator at least every six (6) months to ensure that all elements of the coal mining operation's groundwater protection program are in place, properly functioning, and appropriately managed.

3.3.a.5. Groundwater monitoring procedures as deemed appropriate for the facility and/or as required by the Secretary.

3.3.a.6. A discussion of all information reasonably available to the facility/activity regarding existing groundwater quality at, or which may be affected by, the site.

3.3.b. Within one year of the effective date of these rules all existing non-exempt coal mining operations shall complete and implement a groundwater protection plan; provided, that the groundwater protection plan shall be included with any new permit application submitted under W. Va. Code §22-3 or W. Va. Code §22-11, ninety (90) days or later after the effective date of these . rules or with any permit renewal application submitted one (1) year or more after the effective date of these rules; provided, further, that the Secretary may waive the requirement for a groundwater protection plan for an operation which has been granted Phase II bond release in accordance with W. Va. Code §22-3, if he finds that such is not necessary for the purposes of the Act.

3.3.c. The groundwater protection plan may be integrated with the statement of probable hydrologic consequences and the hydrologic reclamation plan required by W. Va. Code §22-3 and rules promulgated pursuant thereto.

3.3.d. A copy of the groundwater protection plan shall be kept on-site, or at the operator's nearest readily accessible office, and shall be made available for review by the Secretary upon request. A copy or copies of the plan shall be provided for Department review and/or files upon request by the Secretary.

3.3.e. The Secretary may require modification to groundwater protection plans to assure adequate protection of groundwater. Further, the Secretary may during review of a groundwater protection plan require such other information as he reasonably needs to evaluate the plan.

3.3.f. In addition to the basic groundwater protection plan requirements, each plan shall address the specific requirements set forth in subsections 5 and 6 of this section to the extent the operation includes such areas or features.

3.3.g. Adherence to a groundwater protection plan does not relieve the facility/activity of any obligation to comply with any other state, federal or local rule, regulation, law or act.

3.4. Groundwater Protection Practices for Non-Coal Loading and Unloading Areas; Distribution and Bulk Facilities.

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

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

3.5. Groundwater Protection Practices for Pipelines, Ditches, Pumps, and Drums.

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

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

3.5.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.

3.5.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.

3.6. Groundwater Protection Practices for Sumps and Tanks.

3.6.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.

3.6.b. Underground 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.

3.6.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.

3.6.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.

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

Notes

W. Va. Code R. § 38-2F-3