Division of Water and Waste Management 

601 57th Street, S.E.

Charleston, WV 25304

Phone 304-926-0495

Fax 304-926-0496

Randy C. Huffman, Cabinet Secretary

www.wvdep.org

Promoting a healthy environment.

December 15, 2010

John Destefano, City Manager

City of Follansbee

P.O. Box 606

872 Main Street

Follansbee, WV 26037 CERTIFIED RETURN RECEIPT REQUESTED

 Re: WV/NPDES Permit No. WV0020273

Accepting Oil and Gas Wastewater

Dear Mr. Destefano:

The WVDEP is the approval authority for new or expanded discharges of nondomestic 

wastewaters into POTWs without approved pretreatment programs. Therefore, the City of 

Follansbee must modify its WV/NPDES permit prior to accepting new or expanded discharges 

of nondomestic wastewater. Recently, the WVDEP has become aware that some POTWs are 

receiving nondomestic wastewaters associated with oil and gas operations. In addition, the 

agency has also received numerous inquiries from POTWs regarding the types of requirements 

that would be imposed as a result of accepting these wastewaters. As such, this correspondence 

is being provided to the permittee to present information related to these wastewaters, identify 

the agency’s minimum expectations for assessing and permitting the acceptance of these 

wastewaters, and to identify the minimum requirements to be imposed upon the POTW by the 

agency if the permittee decides to pursue accepting these wastewaters.

The USEPA and WVDEP discourage POTWs from accepting wastewater from oil and 

gas operations such as coal bed methane gas and Marcellus Shale wastewaters because these 

wastewaters essentially pass through sewage treatment plants and can cause inhibition and 

interference with treatment plant operations. The wastewaters from these types of operations 

contain high levels of chloride, dissolved solids, sulfate, and other pollutants. POTWs provide 

little to no treatment of these pollutants and could potentially lead to water quality issues in the 

receiving stream. Therefore, prior to the agency permitting these types of wastewaters, the 

agency must evaluate and establish local limits for the POTW to prevent inhibition, passthrough, and interference with all POTW operations. The following bullets list the agency’s 

expectations and requirements that would be imposed, at a minimum, if the permittee decides to 

pursue accepting oil and gas related wastewaters.
Accepting Oil and Gas Wastewater

December 15, 2010

Page 2 of 4

• The agency has determined that the following pollutants are pollutants of concern 

associated with oil and gas related wastewaters and may have a potential for inhibition, 

interference, and pass-through: total dissolved solids (TDS), sulfate, chloride, arsenic, 

cobalt, nickel, silver, zinc, cadmium, lead, chromium, hexavalent chromium, copper, 

cyanide, mercury, selenium, antimony, beryllium, barium, molybdenum, ammonia 

nitrogen, fluoride, nitrite nitrogen, nitrate nitrogen, oil and grease & total petroleum 

hydrocarbons (TPH), total suspended solids, iron, aluminum, chloroform, benzene, 

toluene, phthalate esters, bromoform, dichlorobromomethane, strontium, strontium-90, 

boron, lithium, gross alpha radiation, gross beta radiation, nitrated hydrocarbons (4-

nitroquinoline-1-oxide), and radium 226 + radium 228.

• The agency will require testing and analysis for the pollutants listed above to be 

submitted with the permit modification request in order to characterize the pollutant 

levels in the oil and gas wastewater proposed to be introduced to the POTW.

• The agency will require the permittee to conduct a head-works analysis in order to 

establish a Maximum Allowable Headworks Loading (MAHL) for the pollutants listed 

above. This information must be submitted with the permit modification request.

• Wastewater will not be permitted to be introduced or connected into a combined sewer at 

a point where there are combined sewer overflows (CSOs) between the 

introduction/connection point and the head-works. Additionally, if the permittee is not a 

combined sewer system and contains sanitary sewer overflows (SSOs), wastewater will 

not be permitted to be introduced or connected into the sewer at a point where there are 

SSOs between the introduction/connection point and the head-works. The permittee must 

submit information relative to the location of connection point, CSOs, and/or SSOs with 

the permit modification request.

• No pollutants can be introduced into a POTW (including the collection system) that can 

create a fire or explosion hazard. Wastewaters with a closed cup flashpoint of less than 

140 degrees Fahrenheit using test methods specified in 40 CFR 261.21 of the code of 

federal regulations are prohibited from being introduced into POTWs. Due to the nature 

of the organic pollutants present in this nondomestic wastewater, the agency will require 

the permittee to conduct thorough testing on this nondomestic wastewater to determine if 

it is permissible. Additionally, this will also be imposed as a limit in any permit issued 

by the agency for this type of wastewater.

• No pollutants can be introduced into a POTW (including the collection system) which 

result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that 

may cause acute worker health and safety problems. Due to the nature of the organic 

pollutants present in this nondomestic wastewater, the agency will evaluate the necessity 

of limitations to be protective of POTW workers and impose limitations accordingly.
Accepting Oil and Gas Wastewater

December 15, 2010

Page 3 of 4

• The acceptance of this wastewater during wet weather events shall be prohibited by the 

agency for CSO and/or SSO communities in order to prevent increased wet weather 

discharges from CSOs and/or SSOs.

• The agency will impose monitoring at the discharge from the permittee’s outfall for the 

pollutants listed above. The agency will also impose effluent limitations at the discharge 

from the permittee’s outfall for chronic toxicity, chloride, and possibly other pollutants. 

No mixing zone will be granted for any pollutant without appropriate background 

receiving stream data provided by the permittee with the permit modification request.

Due to the proximity of the discharge to the City’s drinking water intake, no mixing zone 

can be granted for pollutants with drinking water requirements and water quality criteria.

• The agency will impose influent monitoring and limitations at the POTW for some or all 

of the pollutants noted above.

• The agency will also impose monitoring and limitations on the nondomestic wastewater 

prior to introduction to the POTW and collection system for some or all of the pollutants 

noted above.

• If a POTW accepts wastewater at the POTW treatment facility via truck, train, or

dedicated pipeline, including oil & gas extraction wastewater, the POTW must evaluate 

whether or not the wastewater is a hazardous waste (for instance a characteristic waste 

under 40 CFR 261.24). If the wastewater is a hazardous waste, the POTW must evaluate 

whether it qualifies as a permit by rule facility under 40 CFR 270.60(c) and meet 

notification, manifest and reporting requirements including any more stringent state 

hazardous waste and corrective action requirements. If the POTW accepts hazardous 

waste at the treatment plant and does not qualify as a permit by rule facility, it must check 

with the state hazardous waste agency to determine its requirements. For further 

information regarding hazardous waste requirements, please contact Yogesh Patel of the 

WVDEP at 304-926-0499 extension 1014. USEPA and WVDEP recommend that 

POTWs not accept hazardous waste at the treatment plant.

• Technologically Enhanced, Naturally Occurring Radioactive Materials (TENORM) are

regulated by the Nuclear Regulatory Commission (NRC) and/or the West Virginia 

Department of Health and Human Resources (WVDHHR) per 60 CSR 23 of the West 

Virginia Legislative Rules. This regulation requires facilities accepting TENORM to be 

certified by either the WVDHHR or the NRC prior to acceptance. Further, TENORM 

includes requirements with respect to radioactive exposure levels that may need imposed 

as indirect discharger limits and/or effluent limits to be protective of POTW workers and 

water quality standards. The permittee must coordinate with the NRC and/or WVDHHR 

to obtain any necessary approvals and provide its findings to the WVDEP along with any 

permit modification application request to accept these types of wastewaters. If any 

approvals are necessary from the NRC and/or WVDHHR, the approvals must be obtained 

prior to the agency processing a permit modification request.
Accepting Oil and Gas Wastewater

December 15, 2010

Page 4 of 4

While some of the requirements noted above are specific to oil and gas related 

wastewaters; the agency and the permittee must consider the pollutants of concern, pass through 

and interference, the impacts on CSO or SSO discharges, and the impacts on the permittee’s 

Long-Term Control Plan and meeting water quality when evaluating the introduction of new or 

expanded discharges of any nondomestic wastewaters.

If you have any comments or questions, feel free to contact John Lockhart of our office at 

304-926-0499 extension 1028. 

 

 Sincerely,

 Scott G. Mandirola

Director

 

SGM:jl

cc: Environmental Enforcement Inspector

Environmental Enforcement Inspector Supervisor

US EPA Region 3