W. Va. Code R. § 61-22-3 - Goals and General Program Policies

3.1. The goal of the State Management Plan for Pesticides and Fertilizers in Groundwater is to prevent, minimize, or mitigate the movement of pesticides and fertilizer to groundwaters of the state. This goal does not mean zero-contaminant discharge, but that discharges of pesticides and fertilizers be conducted in a manner that will maintain or improve present groundwater quality and not impair potential use of groundwater or pose a public health hazard. Remediation of groundwater where contaminated with pesticides and fertilizers should utilize all existing relevant technologies to revert water to its previous condition. The term pesticides and fertilizers shall mean the same as their definition in W. Va. Code ''19-16A-1 et seq. and 19-15-1 et seq. respectively.

3.2. Groundwater classification can allow ground waters of the state to be identified and protected according to their water quality and present or potential use. The highest and best use of groundwater is for drinking purposes. Groundwater in some aquifers may not be suitable for drinking due to natural conditions such as salinity.

3.3. Pesticides and fertilizers are beneficial and important to the economy of the state. Scientific procedures exist that permit the mathematical prediction of the potential of probability of their subsequent entry into groundwater. However, predictive modeling must be verified by actual monitoring. Procedures also exist to identify areas of the state more vulnerable to groundwater contamination due to soils, geology, hydrology and pesticide and fertilizer use patterns. Identification of sensitive areas for this program serves to focus the utilization of limited resources.

3.4. By identifying chemicals of concern and sensitive areas of the state and applying appropriate Best Management Practices on a voluntary basis, or on a mandatory basis if the voluntary efforts fail, useful chemical production tools can be maintained while protecting the state's groundwater resource. This approach recognizes that the elimination of useful pesticides and fertilizers may cause economic hardships and that replacement products or techniques may also cause environmental or health risks.

3.5. Valid scientific monitoring, prediction and other methodologies will be used in a scientific approach to determining the quality of ground­water resources. Modern analytical techniques can identify minute concentrations of chemicals, far below levels of health concern. As improvements are made in these techniques, lower and lower concentrations will be detected, which makes zero discharges theoretically an impossibility. For these reasons, the use of numerical health-based standards to trigger management changes is a sound ground-water resource management approach. As activities carried out near wellheads often affects well water quality, this groundwater protection plan includes a wellhead protection strategy.

3.6. Existing state and federal resources, funding programs, fee controls, grants and cooperative agreements will be used to the maximum extent possible. Where necessary, appropriate new legislation will be sought.

Notes

W. Va. Code R. § 61-22-3