West Virginia Code of State Rules
Title 64 - Health
64-03 - Public Water Systems
§64-3-15 - Wellhead and Source Water Protection Grant Program.

§64-3-15. Wellhead and Source Water Protection Grant Program.

15.1. The commissioner shall continue the Wellhead and Source Water Protection Grant Program.

15.1.1. The fund heretofore created to provide funds for the Wellhead and Source Water Protection Grant Program is continued in the state treasury and shall be known as the Wellhead and Source Water Protection Grant Fund.

15.1.2. The fund will be administered by the commissioner and shall consist of all moneys made available for the program from any source, including, but not limited to, all fees, civil penalties and assessed costs, all gifts, grants, bequests or transfers from any source, any moneys that may be appropriated and designated for the program by the Legislature and all interest or other return earned from investment of the fund.

15.1.3. Expenditures from the fund shall be for the purposes set forth in this rule to provide water source protection pursuant to the program and are not authorized from collections but are to be made only in accordance with appropriation by the Legislature and in accordance with the provisions of W. Va. Code §12-3-1 et seq. and upon the fulfillment of the provisions set forth in W .Va. Code §11B-2-1 et seq.

15.1.4. Any balance, including accrued interest and other returns, remaining in the fund at the end of each fiscal year shall not revert to the General Revenue Fund but shall remain in the fund and be expended as provided by this section.

15.2. In prospectively awarding any grants under the Wellhead and Source Water Protection Grant Program, the commissioner shall prioritize those public water systems where there is the highest probability of contamination of the water source based on the source water assessment report or the source water protection plans which were previously performed. Priority shall also be extended to publicly owned public water systems over privately owned public water systems.

15.3. The commissioner, or his or her designee, will apply for and diligently pursue all available federal funds to help offset the cost of completing source water protection plans by the deadlines established in W. Va. Code §16-1-9c.

15.4. The commissioner may receive any gift, federal grant, other grant, donation or bequest and receive income and other funds or appropriations to contribute to the Wellhead and Source Water Protection Grant Program.

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