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 47-02 - Requirements Governing Water Quality Standards › Section 47-2-6 - Water Use Categories

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. This
				section establishes general Water Use Categories and Water Quality Standards
				for the waters of the State. Unless otherwise designated by this rule, at a
				minimum all waters of the State are designated for the Propagation and
				Maintenance of Fish and Other Aquatic Life (Category B) and for Water Contact
				Recreation (Category C) consistent with Federal Act goals. Incidental
				utilization for whatever purpose may or may not constitute a justification for
				assignment of a water use category to a particular stream segment.
6.1.a. Waste assimilation and transport are
				not recognized as designated uses. The classification of the waters must take
				into consideration the use and value of water for public water supplies,
				protection and propagation of fish, shellfish and wildlife, recreation in and
				on the water, agricultural, industrial, and other purposes, including
				navigation.
Subcategories of a use may be adopted and appropriate
				  criteria set to reflect varying needs of such subcategories of uses, for
				  example to differentiate between trout water and other waters.
6.1.b. At a minimum, uses are
				deemed attainable if they can be achieved by the imposition of effluent limits
				required under section 301(b) and section 306 of the Federal Act and use of
				cost-effective and reasonable best management practices for non-point source
				control. Seasonal uses may be adopted as an alternative to reclassifying a
				water or segment thereof to uses requiring less stringent water quality
				criteria. If seasonal uses are adopted, water quality criteria will be adjusted
				to reflect the seasonal uses; however, such criteria shall not preclude the
				attainment and maintenance of a more protective use in another season. A
				designated use which is not an existing use may be removed, or subcategories of
				a use may be established if it can be demonstrated that attaining the
				designated use is not feasible because:
6.1.b.1. Application of effluent limitations
				for existing sources more stringent than those required pursuant to section 301
				(b) and section 306 of the Federal Act in order to attain the existing
				designated use would result in substantial and widespread adverse economic and
				social impact; or
6.1.b.2.
				Naturally-occurring pollutant concentrations prevent the attainment of the use;
				or
6.1.b.3. Natural, ephemeral,
				intermittent or low flow conditions of water levels prevent the attainment of
				the use, unless these conditions may be compensated for by the discharge of
				sufficient volume of effluent discharges to enable uses to be met; or
6.1.b.4. Human-caused conditions or sources
				of pollution prevent the attainment of the use and cannot be remedied or would
				cause more environmental damage to correct than to leave in place; or
6.1.b.5. Dams, diversions or other types of
				hydrologic modifications preclude the attainment of the use, and it is not
				feasible to restore the water to its original condition or to operate such
				modification in a way that would result in the attainment of the use;
				or
6.1.b.6. Physical conditions
				related to the natural features of the water, such as the lack of a proper
				substrate, cover, flow, depth, pools, riffles, and the like, unrelated to water
				quality, preclude attainment of aquatic life protection uses.
6.1.c. The State shall take into
				consideration the quality of downstream waters and shall assure that its water
				quality standards provide for the attainment of the water quality standards of
				downstream waters.
6.1.d. In
				establishing a less restrictive use or uses, or subcategory of use or uses, and
				the water quality criteria based upon such uses, the secretary shall follow the
				requirements for revision of water quality standards as required by W. Va. Code
				§ 22-11-7b and section 303 of the Federal Act and the regulations
				thereunder. Any revision of water quality standards shall be made with the
				concurrence of the U.S. EPA. The secretary and the applicant shall follow the
				Procedural Rule Governing Site Specific Revisions to Water Quality Standards,
				46CSR6.