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 47-10-6 - Establishing Permit Conditions

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. In addition to conditions required in
				all permits, the Director shall establish conditions in permits as required on
				a case-by-case basis to provide for and assure compliance with all applicable
				requirements of the CWA and the State Act and regulations. An applicable
				requirement is a State or Federal or interstate compact, statutory or
				regulatory requirement that takes effect prior to final administrative
				disposition of a permit, or any requirement that takes effect prior to the
				modification or revocation and reissuance of a permit.
6.2. In the permit review and planning
				process, or upon the request of a permit applicant or permittee, the Director
				may utilize Real Time Water Quality Control on a case-by-case basis when
				establishing permit conditions when the applicant demonstrates that the use of
				Real Time Water Quality Control will not violate water quality standards. In
				order to facilitate a determination or assessment of the applicability of Real
				Time Management Control, the Director may require a permit applicant or
				permittee to submit such information as deemed necessary.
6.3. Each permit shall include conditions
				meeting the following requirements when applicable:
6.3.a. Technology-based effluent limitations
				and standards based on effluent limitations and standards under '301 of the
				CWA, new source performance standards promulgated under '306 of the CWA,
				case-by-case effluent standards determined under '402(a)(1) of the CWA, or a
				combination of the two (2) in accordance with 40 C.F.R. '125.3(c). For new
				sources or new dischargers, these technology based limitations and standards
				are subject to the provisions of subsection 13.7 below (protection
				period).
6.3.b. Other effluent
				limitations and standards under ''301, 302, 303, 307, 318, and 405 of the CWA.
				If any applicable toxic effluent standard or prohibition (including any
				schedule of compliance specified in such effluent standard or prohibition) is
				promulgated under '307(a) of the CWA for a toxic pollutant and that standard or
				prohibition is more stringent than any limitation on the pollutant in the
				permit, the Director shall institute proceedings under these rules to modify or
				revoke and reissue the permit to conform to the toxic effluent standard or
				prohibition. The provisions of 40 C.F.R. '129 are hereby incorporated by
				reference.
6.3.c. For any
				discharger within a primary industry category (
see
Appendix
				A), the requirements of '307(a)(2) of the CWA as follows:
6.3.c.1. After June 30, 1981, any permit
				issued shall include effluent limitations and a compliance schedule to meet the
				requirements of ''301(b)(2)(A), (C), (D), (E) and (F) of the CWA, whether or
				not applicable effluent limitations guidelines have been promulgated or
				approved. These permits may include a condition stating that if an applicable
				standard or limitation is promulgated under ''301(b)(2)(C) and (D), 304(b)(2),
				and 307(a)(2) and that effluent standard or limitation is more stringent than
				any effluent limitation in the permit or controls a pollutant not listed in the
				permit, the permit shall be promptly modified or revoked and reissued to
				conform to that effluent standard or limitation.
6.3.d. Any more stringent requirements
				necessary to achieve water quality standards established pursuant to the CWA or
				the State Act and regulations, including requirements of other affected States.
				Nothing in this section precludes the application of Real Time Water Quality
				Control in achieving water quality standards.
6.3.e. Any requirements necessary to ensure
				consistency with the requirements of a Water Quality Management Plan approved
				by EPA under '208(b) of the CWA.
6.3.f. For toxic pollutants, limitations
				established under subdivisions 6.3.a, 6.3.b or 6.3.c above to control
				pollutants meeting the criteria listed in paragraph 6.3.f.1 below. Limitations
				will be established in accordance with paragraph 6.3.f.2. An explanation of the
				development of these limitations shall be included in the fact sheet, if any:
6.3.f.1. Limitations must control all toxic
				pollutants that:
6.3.f.1.A. The Director
				determines are or may be discharged at a level greater than the level that can
				be achieved by the technology-based treatment requirements appropriate to the
				permittee; or
6.3.f.1.B. The
				discharger does or may use or manufacture as an intermediate or final product
				or by-product.
6.3.f.2.
				The requirement that the limitations control the pollutants meeting the
				criteria of paragraph 6.3.f.1 above will be satisfied by:
6.3.f.2.A. Limitations on those pollutants;
				or
6.3.f.2.B. Limitations on other
				pollutants that, in the judgment of the Director, will provide the necessary
				treatment of the pollutants.
6.3.g. Notification level. -- A "Notification
				Level" that exceeds the notification level of subdivision 5.1.f above, upon a
				petition from the permittee or on the Director's initiative. This new
				notification level may not exceed the level that can be achieved by the
				technology-based treatment requirements appropriate to the permittee.
6.3.h. Monitoring requirements. -- In
				addition to the requirements set out in subsection 5.10 above, the following
				monitoring requirements:
6.3.h.1. To assure
				compliance with permit limitations, requirements to monitor:
6.3.h.1.A. The mass (or other measurement
				specified in the permit) for each pollutant limited in the permit;
6.3.h.1.B. The volume of effluent discharged
				from each outlet;
6.3.h.1.C. Other
				measurements as appropriate, including pollutants in internal waste streams
				under subsection 7.9 below; pollutants in intake water for net limitations
				under subsection 7.8 below; frequency, rate of discharge, etc., for
				noncontinuous dischargers under subsection 7.5 below; and pollutants subject to
				notification requirements under subdivision 5.12.f above; and
6.3.h.1.D. According to test procedures
				approved by 40 C.F.R. '136 for the analyses of pollutants having approved
				methods under that section, and according to a test procedure specified in the
				permit for pollutants with no approved methods.
6.3.h.2. Requirements to report monitoring
				results with a frequency dependent on the nature and effect of the discharge,
				but in no case less than once a year.
6.3.h.3. When appropriate and as determined
				by the Director, requirements concerning the proper use, maintenance, and
				installation of monitoring equipment or methods, including biological
				monitoring methods.
6.3.i. Best management practices to control
				or abate the discharge of pollutants when:
6.3.i.1. Authorized under '304(e) of the CWA
				for the control of toxic pollutants and hazardous substances from ancillary
				activities;
6.3.i.2. Numeric
				effluent limitations are infeasible; or
6.3.i.3. The practices are reasonably
				necessary to achieve effluent limitations and standards or to carry out the
				purposes and intent of the CWA.
6.3.j. Reissued permits.
6.3.j.1. Except as provided in paragraph
				6.3.j.2 of this rule, when a permit is renewed or reissued, interim
				limitations, standards or conditions must be at least as stringent as the final
				limitations, standards or conditions in the previous permit, unless the
				circumstances on which the previous permit was based have materially and
				substantially changed since the time the permit was issued and would constitute
				cause for permit modification or revocation and reissuance.
6.3.j.2. When effluent limitations were
				imposed under '402(a)(1) of the CWA in a previously issued permit and these
				limitations are more stringent than the subsequently promulgated effluent
				guidelines, this paragraph shall apply unless:
6.3.j.2.A. The discharger has installed the
				treatment facilities required to meet the effluent limitations in the previous
				permit and has properly operated and maintained the facilities, but has
				nevertheless been unable to achieve the previous effluent limitations. In this
				case the limitations in the reissued permit may reflect the level of pollutant
				control actually achieved, but shall not be less stringent than required by the
				subsequently promulgated guidelines;
6.3.j.2.B. The subsequently promulgated
				effluent guidelines are based on best conventional pollutant control technology
				pursuant to '301(b)(2)(E) of the CWA;
6.3.j.2.C. The circumstances on which the
				previous permit was based have materially and substantially changed since the
				time the permit was issued and would constitute cause for permit modification
				or revocation and reissuance; or
6.3.j.2.D. There is increased production at
				the facility that results in significant reduction in treatment efficiency, in
				which case the permit limitations will be adjusted to reflect any decreased
				efficiency resulting from increased production and raw waste loads, but in no
				event shall permit limitations be less stringent than those required by
				subsequently promulgated standards and limitations.
6.3.k. Privately owned treatment
				works. -- For a privately owned treatment works, any conditions expressly
				applicable to any user, as a limited co-permittee, that may be necessary in the
				permit issued to the treatment works to ensure compliance with applicable
				requirements of the CWA and the State Act. Alternatively, the Director may
				issue separate permits to the treatment works and to its users or may require a
				separate permit application from any user. The Director's decision to issue a
				permit with no conditions applicable to any user, to impose conditions on one
				(1) or more users, to issue separate permits, or to require separate
				applications, and the basis for that decision shall be stated in the fact sheet
				for the draft permit for the treatment works, if any.
6.3.l. Grants. -- Any conditions imposed in
				grants made by the Administrator to POTWs under ''201 and 204 of the CWA that
				are reasonably necessary for the achievement of effluent limitations under '301
				of the CWA.
6.3.m. Sewage sludge.
				-- Requirements under '405 of the CWA governing the disposal of sewage sludge
				from publicly owned treatment works, in accordance with any applicable
				rules.
6.3.n. Navigation. -- Any
				conditions that the Secretary of the U.S. Army Corps of Engineers considers
				necessary to ensure that navigation and anchorage will not be substantially
				impaired.
6.3.o. Any alternative
				effluent limitations or standards may be incorporated where warranted by
				"fundamentally different factors," pursuant to 40 C.F.R. '125.30, et
				seq.