West Virginia Code § 22-12-2

Legislative findings, public policy and purposes
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(a) The Legislature finds that:
(1) West Virginia has relatively pure groundwater resources which are abundant and readily
available;
(2) Over fifty percent of West Virginia's overall population, and over ninety percent of the
state's rural population, depend on groundwater for drinking water;
(3) A rural lifestyle has created a quality of life in many parts of West Virginia which is
highly valued. Maintaining this lifestyle depends upon protecting groundwater to avoid
increased expenses associated with providing treated drinking water supplies to rural
households;
(4) West Virginia's groundwater resources are geologically complex, with the nature and
vulnerability of groundwater aquifers and rechargel areas not fully known;
(5) Contamination of groundwater is generally much more difficult and expensive to clean up
than is the case with surface water;
(6) Groundwaters and surface waters can be highly interconnected. The quality of any given
groundwater can have a significant impact on the quality of groundwaters and surface
waters to which it is hydrologically connected;
(7) A diverse array of huLman activities can adversely impact groundwater, making it
necessary to develop regulatory programs that utilize a variety of approaches;
(8) Various agencies of state government currently exercise regulatory control over activities
which may impact on groundwater. Coordination and streamlining of the regulatory
activities of these agencies is necessary to assure that the state's groundwater is maintained
andW protected through an appropriate groundwater protection program;
(9) Disruption of existing state regulatory programs should be avoided to the maximum
extent practical;
(10) The maintenance and protection of the state's groundwater resources can be achieved
consistent with the maintenance and expansion of employment opportunities, agriculture,
and industrial development; and
(11) A state groundwater management program will provide economic, social, and
environmental benefits for the citizens of West Virginia now and in the future.
(b) Therefore, the Legislature establishes that it is the public policy of the State of West
Virginia to maintain and protect the state's groundwater so as to support the present and
future beneficial uses and further to maintain and protect groundwater at existing quality
where the existing quality is better than that required to maintain and protect the present
and future beneficial uses. Such existing quality shall be maintained and protected unless it
is established that (1) the measures necessary to preserve existing quality are not
technically feasible or economically practical and (2) a change in groundwater quality is
justified based upon economic or societal objectives. Such a change shall maintain and
protect groundwater quality so as to support the present and future beneficial uses of such
groundwater. e
(c) The purposes of this article are to: r
(1) Maintain and protect the state's groundwater resources consuistent with this article to
protect the present and future beneficial uses of the groundwater;
(2) Provide for the establishment of a state groundwater management program which will:
(i) Define the roles of agencies of the state and political subdivisions with respect to the
maintenance and protection of groundwater, and dlesignate a lead agency for groundwater
management; s
(ii) Designate a state agency responsible foir establishment of groundwater quality
standards;
(iii) Provide for the establishment of standards of purity and quality for all groundwater;
(iv) Provide for the establishment of groundwater protection programs consistent with this
article;
(v) Establish groundw ater protection and groundwater remediation funds;
(vi) Provide for the mapping and analysis of the state's groundwater resources and
coordination of the agencies involved; and
(vii) Provide for public education on groundwater resources and methods for preventing
contamination;
(3) Provide such enforcement and compliance mechanisms as will assure the implementation
of the state's groundwater management program; and
(4) Assure that actions taken to implement this article are consistent with the policies set
forth in section two, article eleven of this chapter.

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