reglab/statecodes huggingface dataset:
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 47-30B - Administrative Proceedings and Civil Penatly Assessment › Section 47-30B-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. This rule
				hereby incorporates by reference the definitions of all terms as contained in
				the Act at W. Va. Code § 22-11-3 and in the
WV/NPDES Rule for Coal
				Mining Facilities
, 47 CSR 30 ("the Mining NPDES Rule").
2.2. "Administrative proceedings" means those
				proceedings undertaken pursuant to this rule by the Secretary upon his or her
				decision to attempt to resolve alleged violations of the Act and the Mining
				NPDES Rule.
2.3. "Assessment
				officer" means a person appointed by the Secretary to carry out the review,
				assessment, and hearing procedures outlined in this rule. Any person(s)
				initiating the notice of violation that resulted in the proposed civil
				administrative penalty is prohibited from being the assessment officer for the
				violation in question.
2.4. "Base
				penalty" means that amount assessed for a violation of the Act or the Mining
				NPDES Rule based solely upon the extent of the permittee's deviation therefrom
				and the potential for harm to human health or the environment resulting from
				the violation.
2.5. "Responsible
				party" means the permittee or any person alleged to have violated the Act or
				the Mining NPDES Rule.
2.6.
				"Toxicity" means the degree to which any substance is potentially harmful to
				human health or the environment.
2.7. "Secretary" means the Secretary of the
				Department of Environmental Protection or his or her designee.
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 47-30B - Administrative Proceedings and Civil Penatly Assessment › Section 47-30B-3 - Applicability of the Rule

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1.
				Upon discovery of a violation, regardless of the means of discovery, of the Act
				or the Mining NPDES Rule, the Secretary may, at his or her discretion, choose
				to institute administrative proceedings pursuant to the Act and this rule to
				resolve the alleged violation.
3.2.
				Not a Waiver. - Nothing in this rule shall be construed as limiting the ability
				of the Secretary to pursue a civil action for any violation of the Act or the
				Mining NPDES Rule should the agency and the responsible party be unable to
				reach settlement of the alleged violations pursuant to the procedures set forth
				in this rule. The Secretary is not required to institute administrative
				proceedings prior to taking any other lawful action pursuant to the Act or the
				Mining NPDES Rule.
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 47-30B - Administrative Proceedings and Civil Penatly Assessment › Section 47-30B-4 - Notice

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The Secretary
				shall notify any responsible party of his or her decision to institute
				administrative proceedings pursuant to the Act and this rule by sending written
				notice of the same to the responsible party by certified mail or personal
				service.
4.2. Notice shall include
				a proposed consent order initially containing, at a minimum, findings of fact
				and conclusions of law outlining the alleged violation(s), any remedial work to
				be performed by the responsible party, a proposed civil penalty assessment
				based on the procedure set forth in this rule, and a statement of the
				responsible party's right to an informal hearing prior to finalization of the
				proposed consent order.
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 47-30B - Administrative Proceedings and Civil Penatly Assessment › Section 47-30B-5 - Administrative Proceedings

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1.
				The responsible party shall have the opportunity to participate in an
				administrative hearing. The parties shall schedule an informal hearing to be
				held within 30 days of the initial notice.
5.2. The administrative proceeding may
				consist of an informal hearing amongst the parties and may continue until the
				parties reach a satisfactory resolution of the alleged violation(s). If the
				parties are unable to reach a satisfactory resolution of the alleged
				violation(s) during the administrative proceeding, the secretary may assess a
				civil administrative penalty unilaterally in accordance with W. Va. Code
				§22-11-22A(b).
5.3. If the
				parties are able to reach an agreement, resolution of the alleged violation(s)
				contained in the notice shall be by consent order entered into by the
				responsible party and the Secretary.
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 47-30B - Administrative Proceedings and Civil Penatly Assessment › Section 47-30B-7 - Civil Penalty Assessment

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1.
				Determination of base penalty:
7.1.a.
				Potential for harm to human health or the environment -
7.1.a.1. The potential for harm to human
				health or the environment from a violation may be determined by the likelihood
				and degree of exposure of persons or the environment to pollution, or the
				degree of adverse effect of noncompliance on statutory or regulatory purposes
				or procedures for implementing the regulatory program.
7.1.a.2. Emphasis shall be placed on the
				potential harm posed by a violation rather than the actual harm that occurred.
				There need not be any showing of actual harm to human health or the environment
				to support a finding of potential harm.
7.1.a.3. The Secretary shall determine
				whether the potential for harm was major, moderate or minor depending on
				factors to be considered on a case-by-case basis.
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 47-30B - Administrative Proceedings and Civil Penatly Assessment › Section 47-30B-8 - Entry of Consent Order

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1.
				Before a responsible party and the Secretary sign any consent order resolving
				an alleged violation of the Act or the Mining NPDES Rule, the proposed consent
				order is subject to the public notice and comment requirements of the Mining
				NPDES Rule at 47 CSR 30 § 15.2 and the public hearing provisions of W. Va.
				Code § 22-11-22a(b)(4).
8.2.
				Based upon the public comments or information received during the public
				hearing, the Secretary may determine either to modify the proposed consent
				order or to execute it as drafted.
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 47-30B - Administrative Proceedings and Civil Penatly Assessment › Appendix A - CIVIL PENALTY MATRIX

Current through Register Vol. XLI, No. 28, July 12, 2024
Potential for Harm to Human Health or the
							 Environment
Extent of Deviation from
							 Requirement
Major
Moderate
Minor
Major
$8,000 - $10,000
$6,000 - $8,000
$5,000 - $6,000
Moderate
$4,000 - $5,000
$3,000 - $4,000
$2,000 - $3,000
Minor
$1,500 - $2,000
$1,000 - $1,500
Up to $1,000
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 47-31 - State Water Pollution Control Revolving Fund › Section 47-31-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope and
				Purpose. -- This legislative rule establishes requirements to govern the
				disbursement and use of loans from moneys held in the state Water Pollution
				Control Revolving Fund. Such loans shall be made to local entities for the
				planning, design, acquisition, or construction of wastewater treatment works,
				for the implementation of point and nonpoint source control management
				programs, and for the development and implementation of water conservation and
				management plans.
1.2. Authority.
				-- W. Va. Code §§
									22C-2-3(b)
				and
				22C-2-7(a).
1.3. Filing Date. -- May 14, 2009.
1.4 . Effective Date. -- June 1,
				2009.
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 47-31 - State Water Pollution Control Revolving Fund › Section 47-31-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Act" means
				the Water Pollution Control Revolving Fund Act, W. Va. Code
§ 22C-2-1 et seq.
2.2. "Applicant" means a local entity that
				applies for a loan pursuant to the provisions of this rule.
2.3. "Authority" means the West Virginia
				Water Development Authority.
2.4.
				"Bond Purchase Agreement" means an agreement entered into among the Authority,
				the Instrumentality, and a disadvantaged community pertaining to the
				Authority's purchase of the disadvantaged community's bonds evidencing a
				loan.
2.5. "Clean Water Act" or
				"CWA" means the federal Water Pollution Control Act, as amended by the Water
				Quality Act of 1987, 33 U.S.C. §1251, et. seq.
2.6. "Contract" means a legally binding
				obligation between the applicant and a private contractor or supplier to
				provide construction services, materials, equipment, or supplies for
				construction.
2.7. "Cost" means the
				total of all costs incurred by a local entity that are reasonable and necessary
				for carrying out all works and undertakings necessary or incidental to the
				accomplishment of any project including:
2.7.a. The costs of developmental, planning,
				and feasibility studies, surveys, plans, and specifications;
2.7.b. The costs of architectural,
				engineering, financial, legal, or other special services;
2.7.c. The costs of acquisition of land and
				any buildings and improvements thereon, including the discharge of any
				obligations of the sellers of such land, buildings, or improvements;
2.7.d. The costs of site preparation and
				development, including demolition or removal of existing structures,
				construction and reconstruction, labor, materials, machinery, and
				equipment;
2.7.e. The reasonable
				costs of financing incurred by the local entity in the course of the
				development of the project, carrying charges incurred before placing the
				project in service, interest on funds borrowed to finance the project to a date
				subsequent to the estimated date the project is to be placed in service,
				necessary expenses incurred in connection with placing the project in service,
				and the funding of accounts and reserves as required by the Authority and the
				Instrumentality; and
2.7.f. Such
				other items as are deemed reasonable and necessary by the
				Instrumentality.
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 47-31 - State Water Pollution Control Revolving Fund › Section 47-31-3 - State Priority System and Project Priority List

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Annual Priority List. -- An annual state
				Project Priority List shall be developed in conformance with the provisions of
				CWA Section 216. The list shall contain those projects that are eligible for
				SRF loan assistance.
3.2. Priority
				Rating System. -- The state Project Priority List shall be developed utilizing
				a priority rating system designed and approved by the
				Instrumentality.
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 47-31 - State Water Pollution Control Revolving Fund › Section 47-31-5 - Program Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1.
				General Requirements.
5.1.a. The applicant
				shall request a pre-application meeting with the Secretary to discuss the
				requirements of the program. A pre-application package, in a form prescribed by
				the Instrumentality, shall be completed and submitted to the Secretary prior to
				this meeting.
Note: The review and approval by the Secretary of facilities
				  plans, design drawings and specifications, or other documents is for
				  administrative purposes only and does not relieve the applicant or his agents
				  and employees from properly planning, designing, constructing, operating, and
				  maintaining the project as required under applicable federal and state statutes
				  and regulations.
5.1.b. The
				applicant shall demonstrate to the Secretary that he has the financial,
				institutional, legal, and managerial capabilities to ensure adequate
				construction, operation, and maintenance of the treatment works. As a part of
				this demonstration, the applicant shall complete and submit to the Secretary
				financial capability worksheets supplied by the Instrumentality.
5.1.c. If the project will serve or involve
				two (2) or more legal entities, the applicant shall submit an intermunicipal
				agreement to the Secretary in a form prescribed by the
				Instrumentality.
5.1.d. An adequate
				user charge system shall be developed by the applicant and submitted to the
				Secretary for approval.
5.1.e. A
				sewer use ordinance shall be developed by the applicant and submitted to the
				Secretary for approval.
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 47-31 - State Water Pollution Control Revolving Fund › Section 47-31-6 - Environmental Review of Funded Projects

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. General Requirements. -- The
				Instrumentality shall conduct or cause to be conducted, an environmental review
				for each project funded, in whole or in part, from the Fund. Any adverse
				environmental impacts that may occur on a project, as determined by the
				Secretary, shall be mitigated by the local entity. The local entity shall
				implement all measures, as stipulated by the Secretary, that are necessary to
				prevent adverse impact to the public health, safety, or welfare or to the
				environment.
6.2. In accordance
				with 40 CFR Part 35, Subpart K (§35.3140), projects must undergo a State
				environmental review process (SERP) that conforms generally to the National
				Environmental Policy Act (NEPA), 42 U.S.C.§4321 et. seq.
6.3. The applicant should consult with the
				State early in the facilities planning stage to determine whether a project is
				eligible for a categorical exclusion, to determine alternatives to the proposed
				project for evaluation, and to identify potential environmental issues and
				opportunities for public recreation and open space.
6.3.a. All requests for a categorical
				exclusion shall conform to 40 CFR Part 6, subpart B (§6.204).
6.3.b. One public meeting must be held by the
				local entity prior to the Instrumentality's issuance of the categorical
				exclusion to discuss the chosen alternative as well as the reasons for
				rejecting other alternatives and to allow for comments.
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 47-31 - State Water Pollution Control Revolving Fund › Section 47-31-7 - Facilities Planning

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1.
				Facilities Plan Preparation. -- The applicant shall prepare a facilities plan
				as one component of its application for SRF loan assistance. The facilities
				plan shall establish the need for the project, evaluate alternative solutions,
				and select a cost-effective, environmentally sound project. The facilities plan
				also represents a public record of decision making and shall be written to
				provide the general public, municipal officials, and regulatory officials with
				a clear understanding of the problem, solutions, and consequences of the
				project. The applicant shall submit its completed facilities plan to the
				Secretary for review and approval.
7.1.a.
				Facilities Plan Guidance. -- Prior to the submission of a facilities plan with
				an application for SRF loan assistance, a local entity should seek guidance
				from the Secretary concerning the preparation of an acceptable facilities plan.
				The local entity should seek this guidance during the early stages of project
				planning.
7.1.b. Facilities Plan
				Contents. -- The facilities plan shall include or address:
7.1.b.1. The requirements set forth in
				Appendix A of this rule.
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 47-31 - State Water Pollution Control Revolving Fund › Section 47-31-8 - Project Design and Construction

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Pre-Design Conference. -- It is
				recommended that the applicant hold a pre-design conference with the Secretary
				in order to review the activities which shall take place during the design of
				the project.
8.2. Project Design
				Guidance. -- During the design phase of a project, the applicant should seek
				additional guidance from the Secretary concerning acceptable project design and
				shall arrange to periodically meet with the Secretary to review the progress of
				the project design work.
8.3.
				Project Plans and Specifications. -- The applicant shall submit completed
				project plans and specifications to the Secretary for review and approval. The
				Secretary shall approve the project plans and specifications only after it has
				been determined that the minimum technical and administrative requirements of
				this rule and applicable federal statutes and regulations have been met. If
				project plans and specifications are submitted prior to the facilities plan
				approval, they will be subject to change based upon final facilities plan
				recommendations. Plans and specifications will not be approved prior to
				facilities plan approval.
8.3.a. Technical
				Requirements for Project Plans and Specifications.
8.3.a.1. The project design shall follow the
				recommendations contained in the approved facilities plan. Failure to follow
				the facilities plan shall be grounds for the rejection of the project plans and
				specifications by the Secretary.
8.3.a.2. The project design shall ensure that
				the project shall be both biddable and constructable. Failure to produce a
				design that is both biddable and constructable, as determined by the Secretary,
				shall be grounds for the rejection of the project plans and specifications by
				the Secretary.
8.3.a.3. The project
				design shall ensure that NPDES discharge requirements set by the state are
				achieved.
8.3.a.4. All project
				plans and specifications shall be sealed and signed by a registered
				professional engineer who holds a current certificate of registration issued by
				the state in accordance with the provisions of W. Va. Code §
											30-13-1
				et seq..
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 47-31 - State Water Pollution Control Revolving Fund › Appendix B › Table A

Current through Register Vol. XLI, No. 28, July 12, 2024
Click
					 Here To View Image
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 47-31 - State Water Pollution Control Revolving Fund › Appendix B › Table B

Current through Register Vol. XLI, No. 28, July 12, 2024
Click
					 Here To View Image
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 47-31 - State Water Pollution Control Revolving Fund › Appendix B › Table C

Current through Register Vol. XLI, No. 28, July 12, 2024
Click
					 Here To View Image
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 47-31 - State Water Pollution Control Revolving Fund › Appendix B › Table D

Current through Register Vol. XLI, No. 28, July 12, 2024
Click
					 Here To View Image
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 47-31 - State Water Pollution Control Revolving Fund › Appendix B › Table E

Current through Register Vol. XLI, No. 28, July 12, 2024
Click
					 Here To View Image
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 47-31 - State Water Pollution Control Revolving Fund › Appendix B › Table F

Current through Register Vol. XLI, No. 28, July 12, 2024
Click
					 Here To View Image
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 47-31 - State Water Pollution Control Revolving Fund › Appendix B › Table G

Current through Register Vol. XLI, No. 28, July 12, 2024
Click
					 Here To View Image
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 47-31 - State Water Pollution Control Revolving Fund › Appendix B › Table H

Current through Register Vol. XLI, No. 28, July 12, 2024
Click
					 Here To View Image
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 47-31 - State Water Pollution Control Revolving Fund › Appendix B › Table I

Current through Register Vol. XLI, No. 28, July 12, 2024
Click
					 Here To View Image
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 47-31 - State Water Pollution Control Revolving Fund › Appendix B › Table J

Current through Register Vol. XLI, No. 28, July 12, 2024
Click
					 Here To View Image
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 47-31 - State Water Pollution Control Revolving Fund › Appendix B › Table K

Current through Register Vol. XLI, No. 28, July 12, 2024
Click
					 Here To View Image
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 47-31 - State Water Pollution Control Revolving Fund › Appendix B › Table L

Current through Register Vol. XLI, No. 28, July 12, 2024
Click
					 Here To View Image
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 47-31 - State Water Pollution Control Revolving Fund › Appendix B › Table M

Current through Register Vol. XLI, No. 28, July 12, 2024
Click
					 Here To View Image
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 47-31 - State Water Pollution Control Revolving Fund › Appendix B › Table N

Current through Register Vol. XLI, No. 28, July 12, 2024
Click
					 Here To View Image
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 47-31 - State Water Pollution Control Revolving Fund › Appendix B › Table O

Current through Register Vol. XLI, No. 28, July 12, 2024
Click
					 Here To View Image
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 47-31 - State Water Pollution Control Revolving Fund › Appendix B › Table P

Current through Register Vol. XLI, No. 28, July 12, 2024
Click
					 Here To View Image
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 47-32 - Environmental Laboratories Certification And Standards Of Performance › Section 47-32-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule governs the certification of laboratories conducting environmental
				analysis of waste and wastewater performed as required by rules or orders
				issued pursuant to the covered statutory programs. The rule establishes the
				provisions for obtaining and maintaining laboratory certifications and the
				criteria and procedures laboratories will be required to follow in analyzing
				samples.
1.2. Authority. -- W. Va.
				Code §
									22-1-15.
1.3. Filing Date. -- May 12, 2009.
1.4. Effective Date. -- July 1,
				2009.
1.5. Incorporation by
				Reference. -- The Department hereby adopts and incorporates into this rule the
				approved "Guidelines Establishing Test Procedures for the Analysis of
				Pollutants" 40 CFR 136, EPA SW 846 Methods, and such other methods as may be
				approved by U.S. Environmental Protection Agency (EPA) or the
				Secretary.
1.6. Construction. --
				This rule shall be liberally construed to permit the Department to discharge
				its statutory functions and to effectuate the purposes of the laboratory
				certification program.
1.7. Purpose
				of this Rule. -- This rule is promulgated to ensure that the results of
				environmental analyses are accurate, reproducible and verifiable. This purpose
				will be achieved by:
1.7.1. Establishing the
				administrative procedures to be followed by certified laboratories and
				laboratories seeking certification;
1.7.2. Establishing the categories in which,
				and the parameters for which laboratories may be certified;
1.7.3. Establishing the minimum requirements,
				criteria and procedures for laboratory equipment and supplies, practices,
				methodology, quality control, personnel, facilities, data reporting, and
				laboratory and record maintenance, which a certified laboratory shall
				continually meet; and
1.7.4.
				Establishing the enforcement procedures the Department will follow to ensure
				that all certified laboratories or laboratories seeking certification are in
				compliance with this rule.
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 47-32 - Environmental Laboratories Certification And Standards Of Performance › Section 47-32-3 - Certification Program; Application, Procedures, and Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Requirements
				of Certification.
3.1.1. With the exception
				of those tests not normally performed in a laboratory proper, all sample
				analyses required by order of the Department or performed for the purpose of
				determining compliance with chemical, microbiological, aquatic toxicity and
				radiological requirements of the State's covered statutory programs must be
				performed in laboratories certified for this purpose pursuant to this rule.
				Analyses performed in laboratories not so certified shall not be accepted by
				the Department as being in compliance with the requirements, rules or orders of
				the Department. All analyses not performed in a laboratory proper must be
				performed by personnel under the direction of a supervisor from a certified
				laboratory.
3.1.2. Laboratories
				doing business in other states where a state certifying agency grants
				reciprocal certification, approval, or other authorization to laboratories
				located in West Virginia, and which is certified, approved or authorized by the
				agency of that state having primary certification responsibility under Federal
				programs delegated to such other state under conditions equivalent to those
				required by this rule, are considered to be certified for the purpose of this
				rule once they have complied with the provisions of Section 3.4. Laboratories
				doing business in other states where certification is not required, and who are
				not certified in another state, may be considered for certification by
				following the conditions and requirements stated in Section 3.3.
3.1.3. Only laboratories certified pursuant
				to this rule or maintained by the EPA may be called West Virginia Certified
				Environmental Laboratories and no laboratory may adopt any name or make any
				oral or written statement intended or likely to mislead the public with respect
				to its certification status.
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 47-32 - Environmental Laboratories Certification And Standards Of Performance › Section 47-32-6 - Appeals

Current through Register Vol. XLI, No. 28, July 12, 2024
Appeal to Environmental Quality Board -- Any person aggrieved
				  or adversely affected by an order or action of the Secretary made and entered
				  in accordance with the provisions of this rule or by issuance or denial of
				  certification under the provisions of this rule, may appeal to the
				  Environmental Quality Board in the same manner as appeals are taken under W.
				  Va. Code §
									22B-1-7 to have
				  the order vacated or modified. The filing of a notice of appeal will not
				  automatically stay an order or action of the Secretary. The Environmental
				  Quality Board will be reimbursed from the Environmental Laboratory
				  Certification Fund for expenses incurred for appeal hearings filed with the
				  Board relative to the provisions of this rule.
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 47-33 - State Construction Grants Program Rule › Section 47-33-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope and
				Purpose. -- This legislative rule establishes requirements to govern the
				disbursement and use of grants from moneys held in the State Construction
				Grants Fund. Such grants will be made to communities for the planning, design,
				and/or construction of wastewater treatment works.
1.2. Authority. -- W. Va. Code '22C-2-6.
1.3. Filing Date. -- May 7, 1999.
1.4. Effective Date. -- May 7,
				1999.
1.5. Incorporation by
				Reference. -- The director hereby adopts and incorporates by reference the
				provisions contained in 40 C.F.R. Part X, Environmental Protection Agency,
				Rural Communities Hardship Grants Program Implementation Guidelines, dated
				March 20, 1997.
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 47-33 - State Construction Grants Program Rule › Section 47-33-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Act" means
				the Water Pollution Control Revolving Fund Act, W. Va. Code '22C-2, et
				seq.
2.2. "Community" means a local
				government such as a city, town, municipal corporation, authority, district,
				public service district or political subdivision in West Virginia.
2.3. "Council" means the West Virginia
				Infrastructure and Jobs Development Council created pursuant to W. Va. Code
				'31-15A.
2.4. "Division" means the
				Division of Environmental Protection.
2.5. "Fund" or "SRF" means the State Water
				Pollution Control Revolving Fund created pursuant to W. Va. Code
				'22C-2.
2.6. "Grant" means a
				hardship or any other type of grant authorized by the West Virginia Legislature
				or the United States Congress.
2.7.
				"Grants Fund" means the State Construction Grants Fund created pursuant to W.
				Va. Code '22C-2-6.
2.8. "Hardship Grant" means a specific type
				of grant as authorized by the United States Congress under
				Public Law
				104-134, "Consolidated Omnibus Appropriations and
				Rescissions Act of Fiscal Year 1996."
2.9. "Recipient" means a community that has
				received a grant pursuant to the provisions of this rule.
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 47-33 - State Construction Grants Program Rule › Section 47-33-3 - State Water Pollution Control Revolving Fund

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The grants fund is created to complement
				and supplement the SRF. The project will be administered as an SRF project
				under the authority contained in 47CSR31. A grants fund community's project
				shall also be a recipient of an SRF loan.
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 47-33 - State Construction Grants Program Rule › Section 47-33-4 - Fund Establishment and Administration

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Establishment of the Grants Fund.-- The
				director shall establish a permanent and perpetual fund to be known as the
				"State Construction Grants Fund." The grants fund shall be kept separate and
				apart from the SRF and all other funds or programs of the division.
4.2. Sources of Money for the Grants Fund. --
				The grants fund shall be comprised of moneys appropriated by the Legislature,
				assessments on existing wastewater treatment facilities, and all other sums
				designated for deposit to the grants fund from any source, public or private,
				including applicable federal grant funds received at any time by the division
				for wastewater treatment purposes.
4.3. Uses of Money in the Grants Fund. --
				Moneys in the grants fund shall be used solely for the state construction
				grants program to make grants to communities and to defray the costs incurred
				by the division in administering the grants fund and the programs created by
				the Act and this rule.
4.4.
				Investment of Moneys in the Grants Fund. -- The division shall invest the
				moneys in the grants fund that are not needed for immediate disbursement or use
				in obligations or securities that are lawful investments for public funds for
				the state.
4.5. Disbursement of
				Moneys from the Grants Fund. -- Moneys shall be disbursed from the grants fund
				only upon written authorization from the director or his duly authorized
				designee.
4.6. Grants from the
				Grants Fund. -- Moneys in the grants fund may be granted to communities for
				wastewater projects that are in compliance with provisions of the state and
				federal water pollution control acts and this rule.
4.7. Application for Grants. -- A community
				that has the authority under applicable law to undertake a wastewater project
				may apply for a grant. A community desiring a grant shall make a separate
				application to the director, on the prescribed forms, for each project for
				which a grant is desired. Following approval the director may provide a binding
				commitment letter to the community setting forth specific terms of the
				grant.
4.8. Grant Agreements. --
				Prior to construction the director shall execute and enter into a formal grant
				agreement with a community that is binding under the laws of the state and
				shall contain such provisions as required by the director.
4.9. Disbursement of Grant Moneys. -- On a
				monthly basis, the director may disburse to each recipient the amount certified
				to the director as costs incurred for the project. Said certification shall be
				made in the form prescribed by the director.
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 47-33 - State Construction Grants Program Rule › Section 47-33-5 - Hardship Grants Program State Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. The recipient shall receive a SRF loan
				in addition to the hardship grant equal to at least 15% of the SRF eligible
				project costs.
5.2. The recipient
				shall receive a funding recommendation from the Council prior to obtaining a
				hardship grant commitment.
5.3. The
				average customer's monthly bill based upon 4,500 gallons water usage shall be
				at or above 1.75% of the median household income as determined and published by
				the latest United States Department of Commerce, Bureau of the Census report.
				Individual geographic area income surveys are allowable as a substitute if
				prior approval is obtained from the director.
5.4. The amount of the hardship grant shall
				be $1,000,000 or less.
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 47-33 - State Construction Grants Program Rule › Section 47-33-6 - Review Guidelines

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. When
				evaluating any request for grant assistance, the director shall consider the
				following:
6.1.a. The public health
				benefits;
6.1.b. The environmental
				benefits;
6.1.c. The degree to
				which the overall project will correct deficiencies in any existing facilities
				involving compliance with state and federal laws, regulations or
				standards;
6.1.d. The cost
				effectiveness of the project in terms of cost per customer and total present
				worth or equivalent annual cost;
6.1.e. The applicants ability to operate and
				maintain the system if the project is approved;
6.1.f. The degree to which the project
				achieves other state or regional planning goals;
6.1.g. The extent that consolidation of
				facilities will be accomplished;
6.1.h. Readiness to proceed to construction;
				and
6.1.i. Such other
				considerations as the director may consider necessary and
				appropriate.
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 47-34 - Dam Safety Rule › Section 47-34-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope and
				Purpose. -- This legislative rule establishes requirements relating to the
				design, placement, construction, enlargement, alteration, removal, abandonment,
				and repair of dams in this State that fall within the definition set forth in
				2.12. This legislative rule also establishes requirements to govern the
				disbursement and use of moneys held in the State Dam Safety Rehabilitation
				Revolving Fund. The scope does not extend to those dams that are related to
				coal activities.
1.2. Authority. --
				W. Va. Code §
									22-14-4
				and § 22-14-19(c).
1.3. Filing
				Date. -- May 20, 2009.
1.4.
				Effective Date. -- June 1, 2009.
1.5. Amendment of Existing Rule. -- This
				legislative rule amends the Dam Safety Rule, 47 C.S.R. 34, filed and made
				effective May 10, 1995.
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 47-34 - Dam Safety Rule › Section 47-34-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Abandonment"
				means to render a dam non-impounding by filling the reservoir created by that
				dam with solid materials and by diverting the natural drainway around the
				site.
2.2. "Act" means the West
				Virginia Dam Control and Safety Act, W. Va. Code §
									22-14-1,
				et seq.
2.3. "Applicant" means a
				person who applies for a certificate of approval or a loan pursuant to the
				provisions of this rule.
2.4.
				"Appurtenances" means any ancillary part of a dam or reservoir system which
				contributes to the operation or construction of the dam.
2.5. "Assessment Officer" means a person
				appointed by the Secretary to carry out the review and hearing procedures
				outlined in this rule.
2.6.
				"Authority" means the West Virginia Water Development Authority provided in W.
				Va. Code §
									22C-1-1 et
				seq.
2.7. "Average Time Headway"
				means the number of seconds in one day divided by the average daily
				traffic.
2.8. "Breach" means
				partial removal of a dam, creating a channel through the dam at the original
				stream bottom elevation.
2.9.
				"Bridge" means a structure, including any abutments or supports appurtenant to
				that structure, which:
2.9.a. Meets the
				definition of "dam" set forth in subsection 2.12.;
2.9.b. Is constructed across a natural
				drainway for the purpose of maintaining a pathway, railway, roadway, support
				structure, or other passageway for transporting persons, traffic, or other
				static or moving loads; and
2.9.c.
				Has an opening under the structure to provide for the passage of normal stream
				flow.
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 47-34 - Dam Safety Rule › Section 47-34-3 - Classification of Dams

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Types of
				Dams - For the purpose of this rule, dams are divided into four general types:
3.1.a. Embankment Dams - Embankment dams are
				usually constructed of materials which exhibit rock-like or soil-like
				properties.
3.1.b. Gravity Dams -
				Gravity dams are usually constructed of concrete or masonry materials which
				form a rigid body.
3.1.c. Waste
				Disposal Dams - Waste disposal dams are usually constructed of waste materials
				such as fly ash or coal refuse. The reservoir is utilized to dispose of waste
				material, thereby creating a continuously decreasing freeboard
				condition.
3.1.d. Dams of Multiple
				Type - In cases where a dam exhibits properties of more than one type, such as
				gabion structures or roller-compacted concrete, the person or his or her agent
				must apply design techniques which are reasonably applicable to the particular
				structure involved.
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 47-34 - Dam Safety Rule › Section 47-34-4 - Certificates of Approval

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1.
				Certificate Required - A person must obtain a certificate of approval from the
				Secretary in order to place, construct, enlarge, alter, breach, remove,
				abandon, or perform major repairs upon any dam in this State that falls within
				the definition set forth in subsection 2.12.
4.2. Certificate Issuance.
4.2.a. Certificates of approval may
				constitute full and final approval of a dam or be issued for alterations or
				repairs, in which case the certificate may or may not constitute final approval
				of the dam.
4.2.b. The Secretary
				will issue or refuse to issue a certificate of approval based upon the
				following:
4.2.b.1. The receipt of a complete
				application, including all applicable fees, in accordance with the provisions
				of subsection 5.1;
4.2.b.2. The
				review of the application form and plan package for sufficiency; and
4.2.b.3. The results of any hearings held in
				accordance with the provisions of W. Va. Code §
											22-14-7.
4.2.c. The Secretary will return
				defective applications to the applicant by certified or registered mail, return
				receipt requested, in order that the applicant may correct any defect. The
				applicant must send a corrected application to the Secretary within thirty (30)
				days of the date of the applicant's receipt of the returned application. The
				Secretary may extend the thirty-day period upon the receipt of a written
				request from the applicant.
4.2.d.
				Upon the receipt of written approval from the Secretary of the sufficiency of
				the application, the applicant shall immediately publish a Class I legal
				advertisement in a qualified newspaper, as defined in W. Va. Code §
										59-3-1,
				serving the county in which the proposed dam is to be located or in which the
				existing dam is located. The notice shall include the name and address of the
				applicant, the location of the dam for which the application was filed, and
				such other information as may be specified by the Secretary in his or her
				written approval.
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 47-34 - Dam Safety Rule › Section 47-34-5 - Application Procedures

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1.
				Application Preparation and Submission.
5.1.a.
				Applications for a certificate of approval shall be prepared by or under the
				direct supervision of an engineer.
5.1.b. Applications shall be submitted on the
				forms provided by the Secretary. Application forms must be completed in their
				entirety without unauthorized omissions, alterations, or additions.
				Applications shall be signed by the applicant and an engineer.
5.1.c. A complete application will consist of
				a completed and signed application form, all applicable fees, and a plan
				package containing the information required under subsection 6.4.
5.1.d. Plans, reports, specifications, and
				design drawings shall be signed and sealed by an engineer in accordance with
				the provisions of subsection 6.2.