West Virginia Code of State Rules › Agency 46 - Coal Mine Health And Safety › Title 46 - PROCEDURAL RULE ENVIRONMENTAL QUALITY BOARD › Series 46-03 - Requirements governing The state national pollutant discharge elimination system › Section 46-03-6 - Waste Load Allocations for Sewage Discharges

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1 Purpose -
				Waste load allocations for sewage dischargers are to be issued by the Chief to
				potential applicants for a" Water Pollution Control Permit to assist with
				planning of wastewater treatment works which will meet prescribed effluent
				requirements and not violate State Water Quality Standards for the receiving
				waters. Applications for the waste load allocation shall be made prior to the
				initiation of any planning of any facilities which will produce or result in a
				wastewater discharge to the State's surface waters. Waste load allocations are
				not intended to, and shall not be Interpreted to be an advance approval of
				wastewater treatment facilities which may be proposed nor is an assurance that
				a Water Pollution Control Permit will be issued. It is emphasized that waste
				load allocations are issued on major effluent criteria only for planning
				purposes.
6.2 Application forms may
				be prescribed by the Chief requiring submission of necessary information and
				data by the applicant to enable the Division of Water Resources to make a waste
				load allocation determination. Such determination shall be valid for a period
				of time specified by the Chief. Reapplication for a new waste load allocation
				will be required upon expiration of the preceding waste load allocation unless
				application for a Water Pollution Control Permit has been filed.
6.3 Waste load allocations shall prescribe
				the concentration and quality of significant wastewater substances and
				physical, chemical, or biological conditions for the proposed discharge. The
				waste load limitations shall represent 30-day and 7-day average values for
				biochemical oxygen demand, solids, nitrogen, and other criteria defining the
				load, except for pH and dissolved oxygen which are instantaneous limits if it
				is deemed necessary to assure protection of water uses immediately downstream
				from the point of discharge to the receiving waters.
6.4 Waste load allocations for the
				achievement of water quality standards shall normally be based on a specified
				low flow. The design flow for this purpose shall be the minimum mean
				7-consecutive day flow with a 10-year return frequency.
6.5 In cases where a waste discharge is
				proposed to a wet weather stream, the allocation shall define the treatment
				plant effluent quality which will not affect designated uses of downstream
				waters in the nearest downstream segment of the stream but in no case less than
				the established water quality standard for this segment.
6.6 More stringent requirements may be
				specified by the Chief "where necessary to protect downstream uses or where
				special conditions such as recreation or water supply impoundments or danger to
				aquatic or animal life exists.
6.7
				A waste load allocation may be denied when the assimilative capacity of the
				receiving waters is being fully utilized or if the additional waste load would
				result in a violation of water quality standards.
6.8 Waste load allocations are not required
				prior to an application to dispose of treated domestic sewage effluents by land
				treatment and disposal methods. Applications for a Water Pollution Control
				Permit for such purpose will be reviewed on a case-by-case basis, Such systems
				may require a Water Pollution Control Permit from the Chief, Division of Water
				Resources.
6.9 United States
				Geological Survey data may be used in determining the mean 7-consecutive day
				drought flows with a 10-year recurrence interval but does not preclude the use
				of other reliable data systems as they become available.