West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-17 - NPDES Program › Section 38-17-6 - Establishing Permit Conditions

Current through Register Vol. XLI, No. 28, July 12, 2024
The following provisions of 40 C.F.R, are hereby incorporated
				  by reference:
6.1 Establishing permit
				conditions - 40 C.F.R. § 122, 43;
6.2 Establishing limitations, standards, and
				other permit conditions -
				40
				C.F.R. §
										122.44, except §122.44(j),
				(n), (o) and (p);
6.2.1 Nothing in this
				section precludes the application of Real Time Water Quality Control in
				achieving water quality standards. Such real time management may be used where
				water quality standards cannot be achieved after installation of treatment
				technology to comply with established technology-based effluent limits. In
				establishing any such water quality-based effluent limitation the following
				shall apply:
6.2.1.1 Water quality-based
				effluent limitations may be utilized only where violations of water quality
				standards are identified or projected as likely to occur as the result of the
				permitted discharge.
6.2.1.2 Permit
				requirements for monitoring effluent toxicity may be imposed only where there
				is a significant likelihood of toxic effects to biota in the receiving
				water.
6.2.1.3 Permit requirements
				for monitoring effluent toxicity shall not be imposed where toxic effects are
				present but there is a significant likelihood that compliance with
				technology-based requirements will sufficiently mitigate the effect; however,
				the Director may require chemical and toxicity testing after installation of
				the treatment technology and may reopen the permit to incorporate additional
				limitations if needed to meet water quality standards.
6.2.1.4 Effluent toxicity monitoring
				requirements should be used only where effluents are complex or where combined
				effects of multiple discharges are of concern.
6.2.1.5 In making a determination to require
				effluent toxicity monitoring as a permit condition, the Director shall take
				into account the degree of impact, the complexity and variability of the
				discharge, the water body type and hydrology, the potential for human health
				impact, the amount of existing data, the level of certainty desired in water
				quality assessment, the appropriateness of the toxicity monitoring technique
				for use in protection and monitoring water quality, other sources of
				pollutants, and the ecology of the receiving stream,
6.2.1.6 If upon the basis of such effluent
				toxicity monitoring, it is determined that there is a significant likelihood of
				toxic effects to biota in the receiving water, then the Director may require
				the permittee to conduct a toxicity reduction evaluation.
6.2.1.7 If, as a result of such toxicity
				reduction evaluation, specific pollutants are identified as causing such toxic
				effects to biota in the receiving water, the permit may be modified to limit
				such pollutants.
6.2.1.8 All
				biological or other toxicity monitoring procedures required in a permit shall
				be approved pursuant to 40 C.F.R. Part 136 or, unless permittee agrees
				otherwise, be based upon studies establishing that such analyzes have been
				properly validated by scientifically accepted interlaboratory
				procedures.