West Virginia Code of State Rules › Agency 47 - Water Resources, Division Of Water And Waste Management › Title 47 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER RESOURCES › Series 47-11A - Waste Loads › Section 47-11A-4 - Waste Load Allocation Procedure

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. In order to provide the services
				identified in Subsection 3.4 of this rule, the Office of Water Resources will
				incorporate the calculated values of a wasteload allocation as discharge
				limitations in a WV/NPDES Permit, provided that a complete WV/NPDES Permit
				application is submitted within six months after the applicant receives the
				wasteload allocation. If a potential permit applicant can demonstrate that
				application preparation has begun, but, if the applicant demonstrates to the
				Chief that despite good faith efforts, a complete application cannot be
				submitted in the six-month time frame, then the Chief may grant one six-month
				extension of the wasteload allocation. Requests for an extension must be in
				writing to the Chief. A wasteload allocation terminates automatically upon
				submission of the complete WV/NPDES Permit application.
4.2. At times, planned development may cause
				the submission of multiple wasteload allocation requests which, if granted,
				could exceed the watershed's assimilative capacity. Requests for wasteload
				allocations will therefore be processed on a first-come, first-served basis. If
				a wasteload allocation is granted that precludes the granting of subsequent
				allocations, then the latter allocation(s) will be denied. Applicants that have
				been denied an allocation may have their name put on a waiting list. If the
				potential permit applicant holding the wasteload allocation does not submit a
				complete permit application in the time frame specified above, then the
				allocation will be rescinded and the next applicant(s) on the waiting list will
				be offered an allocation. Waiting list activities will also be conducted on a
				first come, first serve basis.
4.3.
				As stated previously, the wasteload allocation process was designed
				specifically for potential permit applicants to plan wastewater treatment
				works. The Chief may deny a request for a wasteload allocation if it is
				believed that the applicant does not intend to pursue, or is unable to
				accomplish development as indicated in the request. The Chief may require the
				submission of information as necessary to determine the validity of a request
				for a wasteload allocation.
4.4.
				Application forms will be provided by the Chief which shall include, but not be
				limited to, a statement identifying the source of the applicant's right to
				enter in and upon the real property adjacent to the receiving stream to install
				or construct the proposed point source. Such a statement, acceptable to the
				Chief, shall be a condition precedent to receiving a wasteload allocation.
				Though not limited to these forms of real property interests, such interests as
				may be acceptable to the Chief for purposes of granting wasteload allocations
				are recorded deeds, leases, options, real estate contracts and easements.
				Wasteload allocations are planning tools only and do not create interests in
				real property.