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 47-30 - WV/NPDES Rule for Coal Mining Facilities › Section 47-30-5 - Conditions Applicable To All Permits

Current through Register Vol. XLI, No. 28, July 12, 2024
The following conditions apply to all WV/NPDES permits. All
				  conditions shall be incorporated into the WV/NPDES permits either expressly or
				  by reference. If incorporated by reference, a specific citation to this rule
				  must be given in the permit.
5.1. Duty
				to Comply; Penalties.
5.1.a. The permittee
				must comply with all conditions of a WV/NPDES permit. Permit noncompliance
				constitutes a violation of the CWA and Article 11 and is grounds for
				enforcement action, WV/NPDES permit modification, suspension or revocation, or
				for denial of a WV/NPDES permit reissuance application.
5.1.b. The permittee shall comply with all
				effluent standards or prohibitions established under CWA Section 307(a) for
				toxic pollutants within the time provided in the regulations that establish
				these standards or prohibitions, even if the permit has not yet been modified
				to incorporate the requirement.
5.1.c. The Clean Water Act and Article 11
				provide that any person who violates a permit condition implementing CWA
				Sections 301, 302, 306, 307, 308, 318 or 405 or any provision of a WV/NPDES
				permit or any rule or regulation promulgated under Article 11 is subject to a
				civil penalty not to exceed twenty-five thousand dollars ($25,000) per day of
				such violation. Any person who willfully or negligently violates permit
				conditions implementing CWA Sections 301, 302, 306, 307 or 308 or any provision
				of Article 11 or a WV/NPDES permit is subject to a fine of not less than two
				thousand five hundred dollars ($2,500) per day of violation nor more than
				twenty-five thousand dollars ($25,000) per day of violation or by imprisonment
				for not more than one (1) year or both.
5.1.d. Any person who falsifies, tampers with
				or knowingly renders inaccurate any monitoring device or method required to be
				maintained under a WV/NPDES permit shall, upon conviction, be punished by a
				fine of not less than one thousand dollars ($1,000) nor more than ten thousand
				dollars ($10,000) per violation or by imprisonment for not more than six (6)
				months per violation or both.
5.1.e. The Clean Water Act and Article 11
				provide that any person who knowingly makes any false statement, representation
				or certification in any record or other document submitted or required to be
				maintained under the permit, including monitoring reports or reports of
				compliance or noncompliance, shall, upon conviction, be punished by a fine of
				not less than one thousand dollars ($1,000) nor more than ten thousand dollars
				($10,000) per violation or by imprisonment for not more than six (6) months per
				violation or by both.
5.1.f. Any
				activities covered under a WV/NPDES permit shall not lead to pollution of the
				groundwater of the State as a result of the disposal or discharge of such
				wastes covered herein. However, as provided by subdivision 3.4.a. of this rule,
				except for any toxic effluent standards and prohibitions imposed under CWA
				Section 307 for toxic pollutants injurious to human health, compliance with a
				permit during its term constitutes compliance for purposes of enforcement with
				CWA Sections 301, 302, 306, 307, 318, 403, and 405 and Article 11.
5.1.g. Nothing in subsection 5.1. of this
				rule shall be construed to limit or prohibit any other authority the Secretary
				may have under Article 3 or Article 11 of Chapter 22 of the West Virginia Code
				or to relieve the permittee from any responsibilities, liabilities or penalties
				for not complying with 47 C.S.R. 2 and 47 C.S.R. 11.