Source Water Protection (Senate Bill 373) FAQ's
Top Frequently Asked Questions
Q: What are the new requirements?
A new section regulating source water protection plans has been added, under Article 1 of Chapter 16 (Public Health) of the West Virginia Code to address regulation of public water systems, source water protection, grants for wellhead and source water protection and long-term medical monitoring which requires public water utilities (defined as a public water system regulated by the state Public Service Commission pursuant to Chapter 24 of the state code) to submit source water protection plans to the Bureau for Public Health ("BPH") by July 1, 2016. Requirements for source water protection plans are extensive and include (1) a contingency plan, (2) a management plan, (3) a communication plan, (4) a list of potential sources of significant contamination (provided by the DEP, BPH, and Home Land Security), (5) an analysis of whether the utilities' water systems can shut intakes or otherwise have the capability for alternate water sources in the event of an emergency, and (6) an evaluation of the feasibility of implementing an early warning monitoring system.
Q: What if I fail to submit a source water protection plan on time?
Civil and criminal penalties
for violations of this article have been increased. Any individual or entity who
violates the provisions of this rule or any orders issued pursuant to this rule
is liable for a civil penalty of not less than $1,000 nor more than $5,000. Each day's violation constitutes a
separate offense and /or any individual or entity who commits a willful
violation of any provision of this rule or orders issued pursuant to this rule
shall be subject to a civil penalty of not more than $10,000 and each day's
violation shall be grounds for a separate penalty.
Q: Do I need to know the identity of, and distance to the nearest
groundwater or surface water public intake from my AST? If so, where do I obtain
A: You will be
required to provide the geographical coordinates (latitude/longitude) of your
tank to the DEP when registering your tank. When DEP provides the tank
registration number to the owner, the identity of and distance to the nearest
groundwater or surface water public intake from your tank will be included in
Back to Source Water Protection Senate Bill 373
Please forward comments or questions concerning Source Water Protection and
Senate Bill 373 to: SWAP
Bureau For Public Health
Office of Environmental Health Services
350 Capitol Street, Room 313
Charleston, WV 25301-3713