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 47-11 - Special Rules › Section 47-11-6 - Waste load allocation for sewage discharges

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Purpose. - Waste load allocations for
				sewage discharges 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 allocations 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.
6.2. Applications
				forms may be prescribed by the chief requiring submission of necessary
				information and data by the applicant to enable the . Office 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 thirty (30) day
				and seven (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 (seven) consecutive day flow with a ten (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 of 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 effluent 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
				for the chief, . Office of Water Resources.
6.9. United States Geological Survey data may
				be used in determining the mean seven (7) consecutive day drought flows with a
				ten (10) year recurrence interval but does not preclude the use of other
				reliable data systems as they become available.