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 47-02 - Requirements Governing Water Quality Standards › Section 47-2-4 - 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 a water 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 the secretary determines, after satisfaction
				of the intergovernmental coordination of the State's continuing planning
				process as outlined in the Legislative Rule entitled "Antidegradation
				Implementation Procedures", 60CSR5, 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 secretary 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 secretary 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 2.8
				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, Sixth Edition, prepared by the Wildlife Resources Section
				of the Division of Natural Resources (2011).
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 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.; all Federally designated rivers under the "Wild and
				Scenic Rivers Act", 16 U.S.C. § 1271, et seq.; all streams and other
				bodies of water in State Parks which are high quality waters or naturally
				reproducing trout streams; waters in National Parks and Forests which are high
				quality waters or naturally reproducing trout streams; waters designated under
				the "National Parks and Recreation Act of 1978", 16 U.S.C § 461, et seq.;
				and pursuant to the rule entitled "Antidegredation Implementation Procedures,"
				60CSR5, those waters whose unique character, ecological or recreational value,
				or pristine nature constitutes a valuable national or state resource.
Additional waters may be nominated for inclusion in that
				  category by any interested party or by the secretary on the secretary's own
				  initiative. To designate a nominated water as an outstanding national resource
				  water, the secretary shall follow the public notice and hearing provisions as
				  provided in the Procedural Rule Governing Site Specific Revisions to Water
				  Quality Standards, 46CSR6.
4.1.d. 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.