W. Va. Code R. § 64-3-14 - Source Water Protection Program
14.1. This rule establishes a statewide
program for development and implementation of source water protection and
planning. This program is intended to protect water supply sources from
contamination due to substances entering the groundwater or surface water
bodies which are used as water supply sources by public water systems and
public water utilities.
14.2. The
requirements specified in this rule are minimum requirements and shall not
prevent a public water utility or a public water system from taking additional
steps to protect its wells, springs, wellfields, or surface water
intakes.
14.3. Each existing public
water utility which draws and treats water from a surface water supply source
or a surface water influenced groundwater supply source shall submit to the
commissioner an updated or completed source water protection plan for each of
its public water system plants to protect its public water supplies from
contamination. The schedule for submission of the source water protection plans
is set forth in section 16 of this rule.
14.4. The West Virginia Source Water
Protection Program consists of two types of delineations for the West Virginia
waterways. These are a broad Watershed Delineation Area (WSDA) and a detailed
Zone of Critical Concern (ZCC) delineation.
14.4.1. The WSDA includes the entire
watershed area upstream from a public water utility intake structure, up to the
boundary of the state borders, a topographic boundary and is the perimeter of
the catchment area that provides water to the water supply intake. This
delineation will use available hydrologic unit codes (HUC) based on the
watershed network established by the United States Geological Survey (USGS).
The WSDA is an area where a general inventory can be performed by the Public
Water System. A more detailed inventory and management plan may be warranted
based upon the type and number of existing potential sources of significant
contamination (PSSC).
14.4.2. The
ZCCis a corridor along the streams, lakes, and reservoirs within the WSDA that
warrants a more detailed inventory and management of potential sources of
significant contamination due to its proximity to the source water intake and
to the susceptibility to potential contaminants.
14.4.2.a. ZCC delineations consist of the
following:
14.4.2.a.1. Free flowing streams
within the WSDA using the following configuration:
14.4.2.a.1.A. Width along the source stream
is 1,000 feet from each bank of the principal stream and 500 feet from each
bank of all tributaries draining into the principal stream.
14.4.2.a.1.A.1. For purposes of this rule,
these terms have the following definitions:
14.4.2.a.1.A.1.(a).
bank
means the sides of a river or stream between which the water normally
flows;
14.4.2.a.1.A.1.(b). the
principal stream is defined as the stream where the source
water intake for the public water utility is located; and
14.4.2.a.1.A.1.(c).
tributaries are all other waterways flowing into the principal
stream.
14.4.2.a.1.B. Length along the source stream
is determined based on a five-hour time-of-travel using an estimated 90 percent
high flow rate that is equaled or exceeded on 10 percent of the days during the
period of record or up to the next upstream intake, where it is available. If
high flow rate data is not available through a mathematical model to calculate
flow time, then a five-mph flow rate is used.
14.4.2.a.2. Reservoirs or lakes within the
WSDA using the following standards:
14.4.2.a.2.A. Width-1000 feet from each bank
of the reservoir and 500 feet from each bank of the tributaries draining into
the reservoir or lake.
14.4.2.a.2.B. Length along the source stream
feeding into the reservoir or lake. The free flow stream segment will be
delineated following the free flow stream procedure. If a lake or reservoir is
encountered within the five-hour time-of-travel, the following delineation will
take place: If the length of the lake or reservoir is less than or equal to the
five-hour calculated time-of-travel distance from the intake, then the entire
water body will be included. If the length of the lake or reservoir is greater
than the calculated five-hour time-of-travel distance from the intake, then the
section of water body within the five-hour time-of-travel distance will be used
to establish the ZCC.
14.4.2.a.3. Ohio River Delineation-The Ohio
River will use a tiered delineation system consisting of two protection zones
for each Ohio River surface intake consisting of the following: Zone 1 --Zone
of Critical Concern --The area adjacent to the Ohio River from one-quarter mile
downstream of the intake to a distance of 25 miles (equivalent to a five-hour
time-of-travel) upstream or the next upstream intake. The lateral extent of
this zone extends one-quarter mile on both sides of the river and major
tributaries. Zone 2 --Source Water --The entire portion of the Ohio River Basin
upstream of the surface intake. This is equivalent to the West Virginia WSDA
for the West Virginia waterways.
14.4.3. Conjunctive delineations will consist
of the following for public surface water influenced groundwater supply
sources:
14.4.3.a. The commissioner will
determine whether a conjunctive delineation is required on a case by case
basis;
14.4.3.b. The criteria that
the state will use will be based on identification between selected parameters
in the wells and in surface water in the nearby streams. Using this
information, the commissioner will develop a statewide guidance standard for
the designation; and
14.4.3.c. If a
public water supply has been determined to be under the influence of surface
water and its WHPA intersects the surface water body, then this system will be
required to do a modified (full or partial) surface delineation in addition to
the ground water delineation.
14.5. Every effort shall be made by the water
utility to inform and engage the public, local governments, local emergency
planners, local health departments and affected residents at all levels of the
development of the protection plan.
14.6. The completed or updated plan for each
affected plant, at a minimum, shall include the following:
14.6.1. A contingency plan that documents
each public water utility's planned response to contamination of its public
surface water supply source or its public surface water influenced groundwater
supply source;
14.6.2. An
examination and analysis of the public water system's ability to isolate or
divert contaminated waters from its surface water intake or groundwater supply,
and the amount of raw water storage capacity for the public water system's
plant;
14.6.3. An examination and
analysis of the public water system's existing ability to switch to an
alternative water source or intake in the event of contamination of its primary
water source;
14.6.4. An analysis
and examination of the public water system's existing ability to close its
water intake in the event the system is advised that its primary water source
has become contaminated due to a spill or release into a stream, and the
duration of time it can keep that water intake closed without creating a public
health emergency;
14.6.5. The
following operational information for each plant receiving water supplies from
a surface water source shall include:
14.6.5.a. The average number of hours the
plant operates each day, and the maximum and minimum number of hours of
operation in one day at that plant during the past year; and
14.6.5.b. The average quantities of water
treated and produced by the plant per day, and the maximum and minimum
quantities of water treated and produced at that plant in one day during the
past year;
14.6.6. An
analysis and examination of the public water system's existing available
storage capacity on its system, how its available storage capacity compares to
the public water system's normal daily usage;
14.6.7. The calculated level of unaccounted
for water experienced by the public water system for each surface water intake.
The public water utility shall use the same method used in the Public Service
Commission's rule, "Rules for the Government of Water Utilities," 150CSR7.5.6,
to determine and report on their unaccounted for water. If the calculated
percentage of unaccounted for water is in excess of 15 percent, the public
water system shall describe all of the measures it is actively taking to reduce
the level of water loss experienced in its system;
14.6.8. A list of the potential sources of
significant contamination contained within the ZCC as provided by the
Department of Environmental Protection, the Bureau for Public Health and the
Division of Homeland Security and Emergency Management in accordance with the
provisions of W.Va. Code §
16-1-9c(b)(8).
14.6.8.a. Examples of land uses and
activities which are considered to be potential sources of significant
contamination may be further described in the guidance document to be published
by the commissioner.
14.6.8.b. The
exact location of the contaminants within the ZCC is not subject to public
disclosure in response to a Freedom of Information Act request under W.Va. Code
§
29B-1-1
et seq.
14.6.8.c.
The location, characteristics and approximate quantities of potential sources
of significant contamination within the ZCC shall be made known to one or more
designees of the public water utility, and shall be maintained in a
confidential manner by the public water utility.
14.6.8.d. In the event of a chemical spill,
release or related emergency, information pertaining to any spill or release of
contaminant shall be immediately disseminated to any emergency responders
responding to the site of a spill or release, and the general public shall be
promptly notified in the event of a chemical spill, release or related
emergency that poses a potential threat to public health and safety.
14.6.8.e. Any public water utility may
identify additional potential sources of significant contamination that are
located outside of the ZCC if it deems those potential sources to be of concern
to the integrity of the water supply.
14.6.9. If the public water utility's water
supply plant is served by a single-source intake to a surface water source of
supply or a surface water influenced source of supply, the submitted plan shall
also include an examination and analysis of the technical and economic
feasibility of each of the following options to provide continued safe and
reliable public water service in the event its primary source of supply is
detrimentally affected by contamination, release, spill event or other reason:
14.6.9.a. Constructing or establishing a
secondary or backup intake which would draw water supplies from a substantially
different location or water source;
14.6.9.b. Constructing additional raw water
storage capacity, treated water storage capacity, or both, to provide at least
two days of system storage, based on the plant's maximum level of production
experienced within the past year;
14.6.9.c. Creating or constructing
interconnections between the public water system with other plants on the
public water utility system or another public water system, to allow the public
water utility to receive its water from a different source of supply during a
period its primary water supply becomes unavailable or unreliable due to
contamination, release, spill event or other circumstance;
14.6.9.d. Any other alternative which is
available to the public water utility to secure safe and reliable alternative
supplies during a period its primary source of supply is unavailable or
negatively impacted for an extended period; and
14.6.9.e. If one or more alternatives set
forth in paragraphs 14.6.9.a. through 14.6.9.d. of this subdivision is
determined to be technologically or economically feasible, the public water
utility shall submit an analysis of the comparative costs, risks and benefits
of implementing each of the described alternatives.
14.6.10. A management plan that identifies
specific activities that will be pursued by the public water utility, in
cooperation and in concert with the Bureau for Public Health, local health
departments, local emergency responders, local emergency planning committee,
and other state, county or local agencies and organizations to protect its
source water supply from contamination, including, but not limited to,
notification to and coordination with state and local government agencies
whenever the use of its water supply is inadvisable or impaired, to conduct
periodic surveys of the system, the adoption of best management practices, the
purchase of property or development rights, conducting public education or the
adoption of other management techniques recommended by the commissioner or
included in the source water protection plan;
14.6.11. A communications plan that documents
the manner in which the public water utility, working in concert with state and
local emergency response agencies, shall notify the state and local health
agencies and the public of the initial spill or contamination event and provide
updated information related to any contamination or impairment of the source
water supply or the system's drinking water supply, with an initial
notification to the public to occur in any event no later than 30 minutes after
the public water system becomes aware that the spill, release or potential
contamination of the public water system poses a potential threat to public
health and safety;
14.6.12. A
complete and comprehensive list of the potential sources of significant
contamination contained within the ZCC, based upon information which is
directly provided or can otherwise be requested and obtained from the
Department of Environmental Protection, the Bureau for Public Health, the
Division of Homeland Security and Emergency Management and other resources;
and
14.6.13. An examination of the
technical and economic feasibility of implementing an early warning monitoring
system.
14.6.14. Plans must be
signed by a West Virginia Registered Professional Engineer (PE).
14.6.14.a. In the alternative, if the public
water utility does not have a PE to sign its plan, it is acceptable to have the
SWPP signed by the chief executive officer of a privately-owned water utility;
or
14.6.14.b. In the alternative,
if the public water utility does not have a PE to sign its plan, it is
acceptable to have the SWPP signed by the board chairman or other presiding
officer of a publicly owned water utility.
14.7. Any public water utility's public water
system with a primary surface water source of supply or a surface water
influenced groundwater source of supply that comes into existence on or after
July 1, 2014, shall submit, prior to the commencement of its operations, a
source water protection plan satisfying the requirements of subsection 14.6. of
this section.
14.8. The
commissionerwill review a plan submitted pursuant to this section and provide a
copy to the secretary of the Department of Environmental Protection.
14.8.1. Within 180 days of receiving a plan
for approval, the commissioner may approve, reject or modify the plan as may be
necessary and reasonable to satisfy the purposes of this rule.
14.8.2. The commissioner will consult with
the local public health officer and conduct at least one public hearing when
reviewing the initial source water protection plan that has been updated or
completed. The public hearings required by this rule may be scheduled in
conjunction with one or more public water utilities in the same watershed and
will be held after notice to the public in all affected locations.
14.8.3. The failure by any public water
utility to comply with its source water protection plan approved pursuant to
this rule is a violation of this rule and may be subject to penalties set forth
in section 17 of this rule.
14.9. The commissioner may request a public
water utility to conduct one or more studies to determine the actual risk and
consequences related to any potential source of significant contamination
(PSSC) identified by the plan, or as otherwise made known to the commissioner.
14.10. Any public water utility
required to file a complete or updated plan in accordance with the provisions
of this rule shall submit an updated source water protection plan at least
every three years or when there is a substantial change in the potential
sources of significant contamination within the identified ZCC.
14.11. Any public water utility required to
file a complete or updated plan in accordance with the provisions of this
section shall review any source water protection plan it may currently have on
file with the bureau and update it to ensure it conforms with the requirements
of this rule.
14.12. The
commissioner's authority in reviewing and monitoring compliance with a source
water protection plan may be transferred by the bureau to a nationally
accredited local board of health.
Notes
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