West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-17 - NPDES Program › Section 38-17-8 - Procedures for Permit Issuance

Current through Register Vol. XLI, No. 28, July 12, 2024
The following provisions of 40 C.F.R. are hereby incorporated
				  by reference:
8.1 Application for a
				permit -
				40 C.F.R. §
										124.3;
8.2 Modification, revocation and reissuance,
				or termination of permits -
				40
				C.F.R. §
										124.5, except for the last
				sentence in §124.5(b) and except §124.5(f) and (g);
8.3 Draft permits -
				40
				C.F.R §
										124.6, except for the last two
				sentences of §124,6(e);
8.4
				Statement of basis -
				40 C.F.R. §
										124.7;
8.5 Fact sheet - 40 C.F.R. § 124,
				8;
8.6 Administrative record for
				draft permits -
				40
				C.F.R. §
										124.9;
8.7 Public notice of permit actions and
				public comment period -
				40 C.F.R.
				§
										124.10, except §124.10(a)(i),
				(iv), and (v); §124.10(c)(1)(iv) as it applies to the National Marine
				Fisheries Service; §124.10(c)(1)(vi) and (vii), and
				§124.10(d)(1)(viii) and (d)(2)(iv);
8.8 Public comments and requests for public
				hearings -
				40 C.F.R. §
										124.11;
8.9 Public hearings, -
				40 C.F.R. §
										124.12, except §124.12(a)(3) and (e);
8.10 Reopening of the public
				comment period -
				40 C.F.R §
										124.14, except §124-14(a)(3);
8.11 Issuance and effective date of permit -
				40 C.F.R. §
										124.15(a). A final permit
				shall not become effective less than 30 days after the date of issuance .of the
				final permit unless an earlier date is requested by the permittee;
8.12 Response to comments -
				40 C.F.R. §
										124.17;
8.13 Administrative record for final permit -
				40
				C.F.R. §
										124.18;
8.14 Computation of time -
				40 C.F.R. §
										124.20;
8.15 Timing for processing variances -
				40 C.F.R. §
										124.51(b);
8.16 Permits required on a case-by-case basis
				-
				40 C.F.R. §
										124.52;
8.17 Fact sheets -
				40
				C.F.R. §
										124.56, except
				§124.56(d);
8.18 Public notice
				for thermal variances -
				40
				C.F.R, §
										124.57(a);
8.19 Conditions requested by the Corps of
				Engineers and other government agencies -
				40
				C.F.R. §
										124.59;
8.20 Decision on variances - 40 C.F.R. §
				124, 62;
8.21 Emergency permit
				issuance and modifications - If an emergency is determined by the Director to
				exist in which a discharge constitutes a clear present and immediate danger to
				public health or public water supplies, the provisions of this subsection will
				apply. The Director may either immediately issue a temporary emergency permit
				or modify an existing permit without prior public notice or preparation of a
				draft permit, or, shorten the time period for public notice to no less than ten
				(10) days. If such immediate action is taken, the Director shall, at the same
				time, follow the usual procedures for permit modifications and issuance so that
				the public may comment. The permit or modification may be altered or revoked
				based upon the public comment received. All such immediate modifications or
				temporary emergency permits shall be for as brief a period as possible and no
				more than six (6) months.
8.22
				Appeals - For NPDES permits, appeals may be taken to the State Water Resources
				Board pursuant to
W.Va. Code
§
				20-5A-15;