West Virginia Code of State Rules › Agency 46 - Coal Mine Health And Safety › Title 46 - PROCEDURAL RULE ENVIRONMENTAL QUALITY BOARD › Series 46-02 - Rules governing The State National Pollutant Discharge Elimination System Program › Section 46-2-3 - Permits

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Permit Requirement. No person shall
				discharge pollutants from a point source into State waters except as authorized
				pursuant to a State NPDES permit. A NPDES permit issued pursuant to this series
				shall be deemed to be a permit issued in accordance with Section 5 of the State
				Act.
3.2. Specific exclusions from
				NPDES permits.
a. It is recognized that the
				Federal NPDES program excludes certain discharges from needing a NPDES permit
				(although other Federal permits may be necessary) and that the State Act, in
				certain instances, is broader in scope than the Federal NPDES program. The
				discharge of dredged or fill material into navigable waters of the United
				States, for example, does not need a Federal NPDES permit; rather a 404 permit
				from the U.S. Army Corps of Engineers is required. The State Act regulates
				discharges into all waters of the State including groundwater; the Federal
				NPDES program, on the other hand, regulates discharges into a less inclusive
				category of waters. In addition, the State Act requires permits for
				construction of a disposal system or part thereof and the discharge of
				pollutants into the State's waters; the Federal NPDES program, however, does
				not require permits for the construction of the facility but rather just for
				the discharge of pollutants from a point source into water of the United
				States. Finally, the Natural Streams Preservation Act, West Virginia Code,
				Chapter 20, Article 5B, Section 1
et
seq
., requires a separate permit to modify any of the
				protected streams designated by the Legislature.
b. The following discharges do not require a
				NPDES permit; however, the specification of exclusions under paragraph 3.2.a of
				this section shall not relieve any person of any requirement imposed by the
				State Act or regulations including State Act permit requirements.
1. Any discharge of sewage from vessels,
				effluent from properly-functioning marine engines, laundry, shower, and galley
				sink wastes; or any other discharge incidental to the normal operation of a
				vessel. This exclusion does not apply to rubbish, trash, garbage, or other such
				materials discharged overboard; nor to other discharges when the vessel is
				operating in a capacity other than a means of transportation such as when used
				as an energy or mining facility, a storage facility, or when secured to a
				storage facility, or when secured to the bed of the water or waters of the
				State for the purpose of mineral or oil exploration or development.
2. Discharges of dredged or fill material
				into waters of the State which are regulated under Section 404 of
				CWA.
3. The introduction of
				pollutants into publicly or privately owned treatment works except as the Chief
				may otherwise require under Section 6.3.k. Plans or agreements to switch to
				this method of disposal in the future do not relieve dischargers of the
				obligation to have and comply with permits until all discharges of pollutants
				to waters of the State are eliminated.
4. Any introduction of pollutants from
				non-point source agricultural and silvicultural activities, including runoff
				from orchards, cultivated crops, pastures, range lands, and forest lands, but
				not discharges from concentrated animal feeding operations as defined in
				Section 13.1, discharges from concentrated aquatic animal production facilities
				as defined in Section 13.2, and discharges from silvicultural point sources as
				defined in Section 13.5.
5. Water,
				gas, or other material which is injected into a well either to facilitate
				production of oil or gas, or for disposal purposes and is approved by the State
				pursuant to applicable State law.
6. Return flows from irrigated
				agriculture.
7. Any discharge in
				compliance with the instructions of an On-Scene Coordinator pursuant to   40 CFR
				1510   (The National Oil and Hazardous Substance Pollution Plan) or   33 CFR 153.10(e)   (Pollution by Oil. and Hazardous Substances).
c. When issuing permits required under the
				State Act but not required by NPDES, the Chief may follow the procedures set
				forth in this series.