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 47-10 - National Pollutant Discharge System (NPDES) Program › Section 47-10-11 - Fact Sheet

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. A fact
				sheet shall be prepared for every draft permit for a major facility or
				activity, for every general permit, for every draft permit that incorporates a
				variance, and for every draft permit that the Director finds is the subject of
				widespread public interest or raises major issues. The fact sheet shall briefly
				set forth the principal facts and the significant factual, legal,
				methodological and policy questions considered in preparing the draft permit.
				The Director shall send this fact sheet to the applicant, to the persons
				required by subdivision 12.1.e of this rule to receive notice and, on request,
				to any other person.
11.2. When a
				term or condition of the final permit differs from the draft permit, the
				Director shall prepare a statement of basis that briefly describes each change
				from the changes in the draft permit and the reasons for them. The statement of
				basis shall be sent to the applicant and, on request, to any other
				person.
11.3. The fact sheet shall
				include, when applicable:
11.3.a. A brief
				description of the type of facility or activity that is the subject of the
				draft permit.
11.3.b. The type and
				quantity of wastes, fluids, or pollutants that are proposed to be or are being
				discharged.
11.3.c. A brief summary
				of the basis for the draft permit conditions, including references to
				applicable statutory or regulatory provisions.
11.3.d. Reasons why any requested variances
				or alternatives to required standards do or do not appear justified.
11.3.e. A description of the procedures for
				reaching a final decision on the draft permit including:
11.3.e.1. The beginning and ending dates of
				the comment period and the address where comments will be received, in
				accordance with section 12 of this rule;
11.3.e.2. Procedures for requesting a hearing
				and the nature of that hearing; and
11.3.e.3. Any other procedures by which the
				public may participate in the final decision.
11.3.f. Name and telephone number of a person
				to contact for additional information.
11.3.g. Any calculations or other necessary
				explanation of the derivation from specific effluent limitations and
				conditions, including a citation to the applicable effluent limitation
				guideline or performance standard provisions and reasons why they are
				applicable or an explanation of how the alternate effluent limitations were
				developed.
11.3.h. When the draft
				permit contains any of the following conditions, a full and documented
				explanation of the reasons why such conditions are appropriate:
11.3.h.1. Limitations to control toxic
				pollutants under subdivision 6.3.f above;
11.3.h.2. Limitations on internal waste
				streams under subsection 7.8 above;
11.3.h.3. Limitations on indicator pollutants
				under 40 C.F.R. '125.3(g);
11.3.h.4. For every permit to be issued to a
				privately owned treatment works, an explanation of the Director's decision on
				regulation of users under subdivision 6.3.k above;
11.3.h.5. Conditions listed in subdivision
				6.3.d above; or
11.3.i.
				When appropriate, a sketch or detailed description of the location of the
				discharge described in the application.