West Virginia Code § 22-12-4

Authority of Secretary to promulgate standards of purity and quality
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(a) The secretary has the sole and exclusive authority to promulgate standards of purity and
quality for groundwater of the state.
(b) These standards shall establish the maximum contaminant levels permitted for
groundwater, but in no event shall the standards allow contaminant levels in groundwater to
exceed the maximum contaminant levels adopted by the United States Environmental
Protection Agency pursuant to the federal Safe Drinking Water Act. The secretary may set
standards more restrictive than the maximum contaminant levels where it finds that such
standards are necessary to protect drinking water use where sciuentifically supportable
evidence reflects factors unique to West Virginia or some area thereof, or to protect other
beneficial uses of the groundwater. For contaminants not retgulated by the federal Safe
Drinking Water Act, standards for such contaminants shall be established by the secretary to
be no less stringent than may be reasonable and prudent to protect drinking water or any
other beneficial use. Where the concentration of a certain constituent exceeds such
standards due to natural conditions, the natural concentration is the standard for that
constituent. Where the concentration of a certsain constituent exceeds such standard due to
human-induced contamination, no further contamination by that constituent is allowed and
every reasonable effort shall be made to identify, remove or mitigate the source of such
contamination and to strive where pgractical to reduce the level of contamination over time to
support drinking water use.
(c) The standards of purity and quality for groundwater promulgated by the secretary shall
recognize the degree toL which groundwater is hydrologically connected with surface water
and other groundwater and such standards shall provide protection for such surface water
and other groundwater.
(d) In the promulgation of such standards the secretary shall consult with the Department of
Agriculture and the Bureau for Public Health, as appropriate.
(e) Any groundwater standard that is in effect on the effective date of this article shall
remain in effect until modified by the secretary. Notwithstanding any other provisions of this
code to the contrary, the authority of the secretary to adopt standards of purity and quality
for groundwater granted by the provisions of this article is exclusive, and to the extent that
any other provisions of this code grant such authority to any person, body, agency or entity
other than the secretary, those other provisions are void.

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