West Virginia Code of State Rules › Agency 46 - Coal Mine Health And Safety › Title 46 - PROCEDURAL RULE ENVIRONMENTAL QUALITY BOARD › Series 46-01 - Requirements Governing Water Quality Standards › Section 46-1-4 - Antidegradation Policy

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. It is the policy of the State of West
				Virginia that the waters of the state shall be maintained and protected as
				follows:
4.1.a. Tier 1 Protection. Existing
				water uses and the level of water quality necessary to protect the existing
				uses shall be maintained and protected. Existing uses are those uses actually
				attained in the water body on or after November 28, 1975, whether or not they
				are included as designated uses within these water quality standards.
4.1.b. Tier 2 Protection. The existing high
				quality waters of the state must be maintained at their existing high quality
				unless it is determined after satisfaction of the intergovernmental
				coordination of the state's continuing planning process and opportunity for
				public comment and hearing that allowing lower water quality is necessary to
				accommodate important economic or social development in the area in which the
				waters are located. If limited degradation is allowed, it shall not result in
				injury or interference with existing stream water uses or in violation of state
				or federal water quality criteria that describe the base levels necessary to
				sustain the national water quality goal uses of protection and propagation of
				fish, shellfish and wildlife and recreating in and on the water.
In addition, the Board and the Director shall assure that all
				  new and existing point sources shall achieve the highest established statutory
				  and regulatory requirements applicable to them and shall assure the achievement
				  of cost-effective and reasonable best management practices (BMPs) for non-point
				  source control. If BMPs are demonstrated to be inadequate to reduce or minimize
				  water quality impacts, the Director may require that more appropriate BMPs be
				  developed and applied.
4.1.b.1. High
				quality waters are those waters meeting the definition at section 2.10
				herein.
4.1.b.2. High quality
				waters may include but are not limited to the following:
4.1.b.2.A. Streams designated by the West
				Virginia Legislature under the West Virginia Natural Stream Preservation Act,
				pursuant to W. Va. Code §
												22-13-5; and
4.1.b.2.B. Streams listed in West Virginia
				High Quality Streams, Fifth Edition, prepared by the Wildlife Resources
				Division, Department of Natural Resources (1986).
4.1.b.2.C. Streams or stream segments which
				receive annual stockings of trout but which do not support year-round trout
				populations.
4.1.c. Tier 2.5 Protection. Waters of special
				concern include all of those waters listed in 60 C.S.R. 5, Appendix A. Waters
				of special concern may include, but are not limited to naturally reproducing
				trout streams, federally designated rivers under the "Wild and Scenic Rivers
				Act," 16 U.S.C. §§ 1271 et seq., waters in state parks and
				forests, waters in National parks and forests, waters designated under the
				"National Parks and Recreation Act of 1978," and waters with unique or
				exceptional aesthetic, ecological, or recreational value. Waters may be
				nominated for inclusion in this category by any interested party or by the
				Board on its own initiative.
In addition to the Waters of Special Concern outlined in 60
				  CSR 5 - "Antidegradation Implementation Procedures", Appendix A, the following
				  streams are classified as Waters of Special Concern:
4.1.c.1. Watkins Run (Preston County)
				and;
4.1.d. Tier 3
				Protection. In all cases, waters which constitute an outstanding national
				resource shall be maintained and protected and improved where necessary.
				Outstanding national resource waters include, but are not limited to, all
				streams and rivers within the boundaries of Wilderness Areas designated by The
				Wilderness Act ( 16 U.S.C.
				§1131 et seq.) within the State.
Additional waters may be nominated for inclusion in that
				  category by any interested party or by the Board on its own initiative. To
				  designate a nominated water as an outstanding national resource water, the
				  Board shall follow the public notice and hearing provisions as provided in 4 6
				  C.S.R. 6.
4.1.e. All
				applicable requirements of section 316(a) of the Federal Act shall apply to
				modifications of the temperature water quality criteria provided for in these
				rules.