Current through Register Vol. XLI, No. 45, November 8, 2024
Section 47-57-3 - Statutory Exemptions3.1. The requirements of subsections 5(e), 5(f) and 5(g) of the Act related to groundwater quality standards, preventative action limits or existing quality limits shall not apply to coal extraction and earth disturbing activities directly involved in coal extraction that are subject to either or both W. Va. Code ''22-3-1 et seq. or 22-11-1 et seq. All other provisions of the Act are applicable to such exempt activities.3.2. The Act is not applicable to groundwater within areas of geologic formations which are site specific to the production or storage zones of crude oil or natural gas and which are utilized for the exploration, development or production of crude oil or natural gas permitted pursuant to W. Va. Code '22-6-1 et seq. nor to the injection zones of Class II or III wells permitted pursuant to the statutes and regulations governing the underground injection control program. All groundwater outside such areas shall remain subject to the Act. An agency has the right to require the submission of data with respect to the nature of such exempt activities.3.3. The Director has the authority to modify the requirements of subsection 5(g) of the Act with respect to non-coal mining activities subject to W. Va. Code '22-4-1 et seq.. Such modification shall assure protection of human health and the environment. Those agencies regulating such activities shall retain their groundwater regulatory authority as provided for in the relevant statutes and regulations governing such activities other than the Act.