reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 46 - Coal Mine Health And Safety › Title 46 - PROCEDURAL RULE ENVIRONMENTAL QUALITY BOARD › Series 46-03 - Requirements governing The state national pollutant discharge elimination system › Section 46-03-3 - Coin-Operated and Other Commercial Laundries

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1 The
				increasing appearance of coin-operated and other commercial laundries,
				particularly in unsewered areas, has led to a variety of wastewater treatment
				problems. In order to establish minimum requirements governing construction of
				such wastewater handling facilities and in accordance with Chapter 20, Article
				5A, Code of West Virginia, the following Legislative Rules are
				established.
3.2 Coin-operated
				laundries and other commercial laundries located within the corporate limits of
				a West Virginia municipality, town, or within the boundaries of a public
				service district, or sanitary district, or a privately owned installation
				having an approved sewage treatment facility shall divert wastewater to these
				systems for treatment.
3.2.a Laundry
				discharging directly to a sewer: A laundry without pretreatment of the
				wastewater connected to a sewer requires adherence to local plumbing codes and
				to any special regulations regarding acceptance of waste at the sewage
				treatment plant.
3.2.b Laundry with
				pretreatment and discharge directly to sewer: The laundry shall provide
				equipment for removal of lint from the water.
West Virginia Code of State Rules › Agency 46 - Coal Mine Health And Safety › Title 46 - PROCEDURAL RULE ENVIRONMENTAL QUALITY BOARD › Series 46-03 - Requirements governing The state national pollutant discharge elimination system › Section 46-03-4 - Coin Operated and Other Fee Generating Car Washing Establishments

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1 The following minimum requirements are
				established for coin operated and other fee generating car washing
				establishments.
4.2 Any coin
				operated and other fee generating car washing establishment located such that a
				publicly owned treatment works and sewerage system is available to handle and
				treat such wastewater shall direct its wastewater to the publicly owned
				treatment works. A coin operated or other fee generating car washing
				establishment so situated need not install a pretreatment system unless the
				POTW certifies to the establishment that it could not handle and treat the
				establishment's wastewater without minimum pre-treatment as set forth in
				paragraph 4.2.b.
4.2.a A car wash discharging
				to a POTW without pretreatment of the wastewater must adhere to local plumbing
				codes and to any special local ordinances or regulations regarding acceptance
				of waste at the sewage treatment plant.
4.2.b A car wash pretreatment system at a
				minimum shall consist of a device to prevent large objects from entering the
				sewer lines and a settling tank to remove settleable solids and shall comply
				with the applicable requirements of the local sewer use ordinance or
				regulations including the pretreatment requirements of Section 14 (NPDES Series
				II rules) where applicable.
West Virginia Code of State Rules › Agency 46 - Coal Mine Health And Safety › Title 46 - PROCEDURAL RULE ENVIRONMENTAL QUALITY BOARD › Series 46-03 - Requirements governing The state national pollutant discharge elimination system › Section 46-03-5 - Water Purification Wastewater Control Measure

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1
				Waste disposal: Provision must be made for proper disposal of wastes from water
				treatment plants. Such wastes include but are not limited to those emanating
				from sanitary facilities, laboratories, clarification facilities, softening
				facilities, and filter backwash. Discharges shall be governed by Chapter 20,
				Article 5A, Code of West Virginia and the following rules:
5.1.a The following means of waste and sludge
				disposal may be considered:
5.1.a.1 Lagoon
				design must provide the following:
5.1.a.1.i
				Location above the 25-year flood level;
5.1.a.1.ii Dikes, deflecting gutters or other
				means of diverting surface water when necessary;
5.1.a.1.iii A minimum depth of 4 to 5
				feet;
5.1.a.1.iv Multiple cell/
				except where filter backwash frequency is less than once a day in which case a
				single cell may be used;
5.1.a.1.v
				Adjustable decanting devices; and
5.1.a.1.vi Convenient cleaning.
West Virginia Code of State Rules › Agency 46 - Coal Mine Health And Safety › Title 46 - PROCEDURAL RULE ENVIRONMENTAL QUALITY BOARD › Series 46-03 - Requirements governing The state national pollutant discharge elimination system › Section 46-03-7 - Small Wastewater Treatment Plants

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1 For the
				purpose of this section, these rules pertain to sewage treatment plants of
				40,000 gallons per day capacity or less.
7.2 Operational reliability for such plants
				shall be provided in order that pollutants are not discharged during periods of
				power failure.
7.3 The wastewater
				treatment structure shall be protected against physical damage for the 25-year
				flood level and operability be maintained during the 10-year flood
				level.
7.4 In the case of mine
				bathhouses, schools, shopping centers, or other wastewater treatment facilities
				which surcharge the plant on a periodic basis, as opposed to generally constant
				flows, equalization facilities shall be provided. In cases where the organic
				loading is of low concentration, supplemental substances may be added, to
				obtain adequate treatment.
7.5 No
				construction, installation, modification or operation of a wastewater disposal
				system (treatment plant, sewers, lift stations and appurtenances) shall be
				performed until a Water Pollution "Control Permit has been issued for the
				facilities.
West Virginia Code of State Rules › Agency 46 - Coal Mine Health And Safety › Title 46 - PROCEDURAL RULE ENVIRONMENTAL QUALITY BOARD › Series 46-03 - Requirements governing The state national pollutant discharge elimination system › Section 46-03-8 - Permit Application Filing Fee

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1 A filing
				fee of fifty dollars ($50.00) by check or money order shall accompany the
				application.
8.2 If the application
				submitted is determined not to be complete and must be returned to the
				applicant for more information required by the application form, another filing
				fee of fifty dollars ($50.00) by check or money order shall accompany the
				filing of a new application.
8.3
				Further, a filing fee in the amount of fifty dollars ($50.00) is required each
				time an application is submitted.
8.4 The check or money order shall be made
				payable to the "West Virginia Department of Natural Resources".
The filing fee shall be deposited in the State Treasury to
				  the credit of the State General Fund. The filing fee shall not be returned to
				  the applicant.
8.5 Any
				applicant for a permit who is a State Agency need not submit the permit filing
				fee. A State Agency for the purposes of this waiver means any executive,
				legislative or judicial department of the State but does not include political
				subdivisions of the State, county boards of education, municipalities, public
				service districts or sanitary district.
West Virginia Code of State Rules › Agency 46 - Coal Mine Health And Safety › Title 46 - PROCEDURAL RULE ENVIRONMENTAL QUALITY BOARD › Series 46-03 - Requirements governing The state national pollutant discharge elimination system › Section 46-03-9 - Outlet Markers

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1 In
				accordance with the definitions provided in Chapter 20, Article 5A, Code of
				West Virginia, the following rules are established to identify
				outlets.
9.2 Each holder of a Water
				Pollution Control Permit shall post a permanent marker at the establishment
				under permit in accordance with the following:
9.2.a A marker shall be posted on the stream
				bank at each outlet covered by the permit.
9.2.b The marker shall consist of the name of
				the establishment to which the permit was issued, the permit number, and the
				outlet number.
9.2.c The marker
				shall be a minimum of two feet by two feet and shall be a minimum of three (3)
				feet above ground level.
West Virginia Code of State Rules › Agency 46 - Coal Mine Health And Safety › Title 46 - PROCEDURAL RULE ENVIRONMENTAL QUALITY BOARD › Series 46-04 - Procedural Rules Governing Appeals Before The Environmental Quality Board › Section 46-4-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This series governs the
				practice and procedure before the environmental quality board (the "board") in
				adjudicatory proceedings. [Note: The environmental quality board was formerly
				known as the state water resources board.]
1.1.a. Purpose. -- The purpose of these rules
				is to describe each of the rules of procedure before the board in order to
				provide a fair and orderly ascertainment of the facts and to promote the ends
				of justice and fairness.
West Virginia Code of State Rules › Agency 46 - Coal Mine Health And Safety › Title 46 - PROCEDURAL RULE ENVIRONMENTAL QUALITY BOARD › Series 46-04 - Procedural Rules Governing Appeals Before The Environmental Quality Board › Section 46-4-2 - Notice of Appeal; Answer

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Parties
				to the Appeal. A person appealing an action of the chief shall be known as the
				appellant, and the chief shall be known as the appellee.
2.2. Notice of Appeal. The adjudicatory
				process commences by filing a notice of appeal.
a. Form. The notice of appeal shall be in the
				form as prescribed in appendixA. Forms for filing the notice of appeal may be
				obtained from the clerk of the boards, 601 57th
				Street, S.E. Charleston, West Virginia 25304, (304) 926-0445. All subsequent
				submissions shall be captioned in the same manner as the notice of
				appeal.
b. When to file. An appeal
				filed by a person authorized by statute to seek review of an order, permit or
				official action shall be perfected by filing a notice of appeal with the board
				within thirty (30) days after the date upon which service of such order, permit
				or official action was complete. For persons entitled by statute to appeal the
				failure or refusal of the appropriate chief or the director to act within a
				reasonable time on an application for a permit, such notice of appeal shall be
				filed within a reasonable time.
c.
				Content. The notice of appeal shall set forth the action complained of, and in
				separate numbered paragraphs the specific objections to the action, including
				questions of fact and law to be resolved by the board. The objections may be
				factual or legal. An objection not raised by the appeal shall be deemed waived,
				provided that, upon good cause shown, the board may agree to hear the
				objection. The notice of appeal shall conclude with the address, telephone
				number, and signature of the appellant or his or her attorney of
				record.
d. Attachments. Appellant
				shall attach the written notification of the action appealed from to the notice
				of appeal.
e. Service on Permit
				Holder. When an appeal of a permit is filed by a party or parties who are not
				the holders of the permit, the issuance of which, or the terms and conditions
				of which are being appealed, the third party appellant shall serve upon the
				holder of the permit a copy of the notice of appeal at the same time that such
				notice of appeal is filed with the board. The holder of the permit shall be
				considered a party in interest in the appeal proceedings and shall have the
				right to intervene in the appeal.
f. Filing of Notice of Appeal on the Chief.
				In accordance with W.Va. Code §
										22B-1-7(d),
				within seven (7) days after receipt of the notice of appeal, the board shall
				file a copy of the notice of appeal with the appropriate chief or director, and
				with the Office of Legal Services, West Virginia Department of Environmental
				Protection.
West Virginia Code of State Rules › Agency 46 - Coal Mine Health And Safety › Title 46 - PROCEDURAL RULE ENVIRONMENTAL QUALITY BOARD › Series 46-04 - Procedural Rules Governing Appeals Before The Environmental Quality Board › Section 46-4-3 - The Certified Record

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Certifying the Record. Within fourteen
				(14) days after receipt of his or her copy of the notice of appeal, the chief
				shall prepare and certify to the board a complete record of the proceedings out
				of which the appeal arises, including all documents and correspondence in the
				chief's file relating to the matter in question.
3.2. Preparation by Chief. In order to
				preserve the evidentiary value of the certified record, it shall be submitted
				by the appropriate chief in chronological order and each page shall be
				consecutively numbered.
3.3.
				Evidence. The certified record shall be evidence of the agency's consideration
				of matter that is appealed, and shall form the basis of the board's review of
				the matter.
3.4. Amendment. In
				order to remedy an omission, any party may request an amendment to the
				certified record upon written application to the board.
West Virginia Code of State Rules › Agency 46 - Coal Mine Health And Safety › Title 46 - PROCEDURAL RULE ENVIRONMENTAL QUALITY BOARD › Series 46-04 - Procedural Rules Governing Appeals Before The Environmental Quality Board › Section 46-4-4 - Filing and Service of Documents

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Where to
				file: all documents required to be filed with the board under these rules shall
				be filed with the clerk of the boards, environmental quality board, 601
				57th Street, S.E., Charleston, West Virginia
				25304.
4.2. Method of filing:
				Filing may be accomplished by personal delivery, express mail, or by first
				class United States mail, postage prepaid, of six (6) duplicate sets.
4.3. When filing effective: Filing is
				effective upon personal delivery, upon delivery of express mail, or upon
				deposit in the United States mail as ascertained by postmark.
4.4. When Receipt Effective: For the purpose
				of calculation of time to respond, receipt is effective upon personal delivery,
				upon delivery by express mail, and will be deemed to be effective three days
				from the date of postmark if received by first class United States mail,
				postage prepaid.
4.5. Service upon
				other parties: Copies of all documents filed with the board under these rules
				shall be served contemporaneously upon all other parties to the
				appeal.
4.6. Proof of Service:
				Unless otherwise provided for by these rules, all documents required to be
				served shall be accompanied by proof of service in the form of a certificate of
				service, which shall include a statement of how service was
				accomplished.
West Virginia Code of State Rules › Agency 46 - Coal Mine Health And Safety › Title 46 - PROCEDURAL RULE ENVIRONMENTAL QUALITY BOARD › Series 46-04 - Procedural Rules Governing Appeals Before The Environmental Quality Board › Section 46-4-7 - Ex Parte Contacts

Current through Register Vol. XLI, No. 28, July 12, 2024
An ex parte contact is an oral or written communication with
				  the board or its staff regarding the merits of an appeal or motion which is not
				  on the record in the proceeding and which is made without notice to and in the
				  absence of the other party or parties. Such ex parte contacts are prohibited
				  and any such communication will not be considered in the determination of an
				  appeal.
West Virginia Code of State Rules › Agency 46 - Coal Mine Health And Safety › Title 46 - PROCEDURAL RULE ENVIRONMENTAL QUALITY BOARD › Series 46-04 - Procedural Rules Governing Appeals Before The Environmental Quality Board › Section 46-4-8 - Confidential Information

Current through Register Vol. XLI, No. 28, July 12, 2024
The board may utilize in camera proceedings to review any
				  document or other information that is claimed to be protected as
				  confidential.
West Virginia Code of State Rules › Agency 46 - Coal Mine Health And Safety › Title 46 - PROCEDURAL RULE ENVIRONMENTAL QUALITY BOARD › Series 46-04 - Procedural Rules Governing Appeals Before The Environmental Quality Board › Appendix A[1] - WEST VIRGINIA ENVIRONMENTAL QUALITY BOARD CHARLESTON, WEST VIRGINIA

Current through Register Vol. XLI, No. 28, July 12, 2024
APPELLANT'S NAME,
Appellant,
v.
Appeal No.
DIRECTOR, DIVISION OF
________________________,
DEPARTMENT OF
ENVIRONMENTAL PROTECTION,
Appellee.
NOTICE OF APPEAL
Action Complained Of:
The
				  appellant(s) named above respectfully represent(s) that it is aggrieved by
				  (identify the order, failure or refusal, or permit, and give date of the order
				  or permit):
Relief Requested:
The appellant
				  therefore prays that this matter be reviewed and that the Board grant the
				  following relief (describe the relief sought): _
Specific Objections:
The specific
				  objections to the action, including questions of fact and law to be determined
				  by the Board, are set forth in detail in separate numbered paragraphs and
				  attached hereto. The objections may be factual or legal.
Amendment of this Notice of Appeal may be had only by leave
				  of the Board, and only for good cause shown.
Dated this _____ day of ______________, 20_____.
___________________________________
(Signature)
___________________________________
(Address)
___________________________________
(Telephone)
___________________________________
1 This form is offered as guidance
				  to unrepresented parties.
West Virginia Code of State Rules › Agency 46 - Coal Mine Health And Safety › Title 46 - PROCEDURAL RULE ENVIRONMENTAL QUALITY BOARD › Series 46-05 - Rules governing The notice Of open meetings under The Open Governments Proceedings Act › Section 46-5-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- These rules govern notice of
				open meetings under the open governmental proceedings act.
1.2. Authority. -- W. Va. Code
				'6-9A.
1.3. Filing Date. -- June
				27, 1984.
1.4. Effective Date. --
				July 27, 1984.
West Virginia Code of State Rules › Agency 46 - Coal Mine Health And Safety › Title 46 - PROCEDURAL RULE ENVIRONMENTAL QUALITY BOARD › Series 46-05 - Rules governing The notice Of open meetings under The Open Governments Proceedings Act › Section 46-5-2 - Rules

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. The Board shall file with the Secretary
				of State's Office a Notice containing the time, date and place of all regularly
				scheduled meetings of the Board. Said Notice must be filed with that office at
				least seven (7) days in advance.
2.2. The Board shall file with the Secretary
				of State's Office a Notice or Notices containing the time, date and place of
				all Appeal hearings to be heard by the Board pursuant to Code 20-5A-15. Said
				Notice shall be filed with the Secretary of State at least seven (7) days
				before the date set for the hearing.
2.3. The Board shall file with the Secretary
				of State's Office a Notice containing the time, date, place and purpose of all
				special meetings to be held by the Board. Said Notice must be filed with that
				office at least seven (7) days in advance.
2.4. Copies of all Notices required to be
				filed by this Regulation with the Secretary of State's Office shall also be
				delivered to the Capitol News Media, Room MB-46, State Capital.
2.5. None of the provisions of this
				Regulation shall apply to Board actions taken in the event of an emergency
				requiring immediate action.
2.6.
				None of the provisions of this Regulation shall apply to Board meetings held
				for the purpose of making an adjudicatory decision.
West Virginia Code of State Rules › Agency 46 - Coal Mine Health And Safety › Title 46 - PROCEDURAL RULE ENVIRONMENTAL QUALITY BOARD › Series 46-06 - Procedural Rules Governing Site-Specific Revisions To Water Qualtiy Standards › Section 46-6-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This series establishes
				procedures which govern the promulgation of legislative rules by the
				Environmental Quality Board and establishes procedures to be followed by the
				Board in reclassifying designated uses, granting variances from water quality
				standards, granting variances for remining activities and establishing
				site-specific numeric criteria as authorized in 46 CSR 1, Requirements
				Governing Water Quality Standards and W.V. Code '22B-3-4. (Note: the
				Environmental Quality Board was formerly known as the State Water Resources
				Board).
1.2. Purpose. -- The
				purpose of these rules is to establish general procedures the board must follow
				in promulgating legislative rules and to establish procedures for requests for
				site specific revisions to 46 CSR 1, Requirements Governing Water Quality
				Standards, which can be requested by application to the Board.
1.3. Authority. -- W. Va. Code ''22B-3-4 and
				29A-3-3.
1.4. Filing Date. --
				November 7, 1996.
1.5. Effective
				Date. -- December 9, 1996.
West Virginia Code of State Rules › Agency 46 - Coal Mine Health And Safety › Title 46 - PROCEDURAL RULE ENVIRONMENTAL QUALITY BOARD › Series 46-06 - Procedural Rules Governing Site-Specific Revisions To Water Qualtiy Standards › Section 46-6-2 - Revision of Legislative Rules

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1.
				Statutory requirements. Except as provided in section 6 herein, all revisions
				to the Board's legislative rules (46 CSR 1 and 46 CSR 12) shall be made in
				accordance with the provisions of W. Va. Code '29A-3-1 et seq.
2.2. Public hearing. In addition to the
				requirements outlined in W. Va. Code '29A-3-1, the Board shall hold at
				least one public hearing in conjunction with any revision to the Board's
				legislative rules. Such hearing shall be held prior to the expiration of the
				public comment period for a proposed legislative rule.
2.3. Additional public notice requirements.
				In addition to filing notice of the proposed rule in the State Register, the
				Board shall publish notice of a public hearing on the proposed rule revisions
				as a Class I legal advertisement in a publication area determined by the Board.
				Such notice of public hearing shall include the following information:
a. Time and location of hearing;
b. Hearing agenda;
c. Notification of the availability of an
				information sheet as required in section 3.3 herein; and
d. The location where reports, documents, and
				data pertaining to the hearing agenda are available for public
				inspection.
West Virginia Code of State Rules › Agency 46 - Coal Mine Health And Safety › Title 46 - PROCEDURAL RULE ENVIRONMENTAL QUALITY BOARD › Series 46-06 - Procedural Rules Governing Site-Specific Revisions To Water Qualtiy Standards › Section 46-6-3 - Requirements For Site-Specific Revisions to 46 CSR 1, Requirements Governing Water Quality Standards

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1.
				Application. Any person seeking reclassification of a designated use, a
				variance from numeric water quality criteria or a site-specific numeric
				criterion shall file an application with the Board containing the following
				information and any other information required in this rule:
a. A U.S.G.S. 7.5 minute map showing those
				stream segments to be affected and showing all existing and proposed discharge
				points. In addition, the alphanumeric code of the affected stream, if
				known;
b. Existing water quality
				data for the stream or stream segment. Where adequate data are unavailable,
				additional studies may be required by the Board;
c. General land uses (e.g. mining,
				agricultural, recreation, residential, commercial, industrial, etc.) as well as
				specific land uses adjacent to the waters for the length of the segment
				proposed to be revised;
d. The
				existing and designated uses of the receiving waters into which the segment in
				question discharges and the location where those downstream uses begin to
				occur;
e. General physical
				characteristics of the stream segment, including, but not limited to, width,
				depth, bottom composition and slope;
f. The average flow rate in the segment and
				the amount of flow at a designated control point and a statement regarding
				whether the flow of the stream is ephemeral, intermittent or
				perennial;
g. An assessment of
				aquatic life in the stream segment in question and in the adjacent upstream and
				downstream segments; and
h. Any
				additional information or data that the Board deems necessary to make a
				decision on the application.
West Virginia Code of State Rules › Agency 46 - Coal Mine Health And Safety › Title 46 - PROCEDURAL RULE ENVIRONMENTAL QUALITY BOARD › Series 46-06 - Procedural Rules Governing Site-Specific Revisions To Water Qualtiy Standards › Section 46-6-4 - Reclassification of a Designated Use

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1.
				Circumstances allowing reclassification of a designated use. The Board may
				propose the reclassification of a designated use outlined in 46 CSR 6, which is
				not an existing use, from a stream or stream segment, or the establishment of
				subcategories of a use for a stream or stream segment if it can be demonstrated
				that attaining the designated use is not feasible because:
a. Application of effluent limitations for
				existing sources more stringent than those required pursuant to Section 301 (b)
				and Section 306 of the Federal Act in order to attain the existing designated
				use result in substantial and widespread adverse economic and social impact;
				or
b. Naturally-occurring pollutant
				concentrations prevent the attainment of the use; or
c. Natural, ephemeral, intermittent or low
				flow conditions of water levels prevent the attainment of the use, unless these
				conditions may be compensated for by the discharge of sufficient volume of
				effluent discharges to enable uses to be met; or
d. Human-caused conditions or sources of
				pollution prevent the attainment of the use and cannot be remedied or would
				cause more environmental damage to correct than to leave in place; or
e. Dams, diversions or other types of
				hydrologic modifications preclude the attainment of the use, and it is not
				feasible to restore the water body to its original condition or to operate such
				modification in a way that would result in the attainment of the use;
				or
f. Physical conditions related
				to the natural features of the water body, such as the lack of a proper
				substrate, cover, flow, depth, pools, riffles, and the like, unrelated to water
				quality, preclude attainment of aquatic life protection uses.
West Virginia Code of State Rules › Agency 46 - Coal Mine Health And Safety › Title 46 - PROCEDURAL RULE ENVIRONMENTAL QUALITY BOARD › Series 46-06 - Procedural Rules Governing Site-Specific Revisions To Water Qualtiy Standards › Section 46-6-5 - Variances From Water Quality Standards Requested Pursuant to 46 CSR 1, Section 8.3

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Circumstances allowing a variance. Upon
				receipt of an application the Board may approve a variance from numeric water
				quality criteria if it determines that the conditions outlined in section 4.1
				a-f above limit the attainment of one or more specific water quality
				criteria.
5.2. Scope and review of
				variance. Each variance proposed by the Board and approved by the legislature
				shall apply only to the discharger requesting the variance and shall be
				reviewed by the Board at least once every three years. At the time of the
				Board's review the discharger must either meet the standard or make a new
				demonstration of unattainability.
5.3. Application. Any person seeking a
				variance from numeric water quality criteria shall file an application with the
				Board which shall include all of the information outlined in section 3.1 a-h
				above, as well as the following:
a. The
				designated use categories outlined in 46 CSR 1 which apply to the
				stream;
b. The existing numeric
				water quality criterion which applies to the stream and for which the applicant
				seeks a variance, and the alternative numeric water quality criterion desired
				by the applicant;
c. Identification
				of the criterion outlined in section 3.1 a-f above which render the existing
				numeric water quality criterion unattainable; and
d. Identification of the specific
				circumstances which render the discharger unable to meet the existing numeric
				water quality criteria which apply to the stream.
West Virginia Code of State Rules › Agency 46 - Coal Mine Health And Safety › Title 46 - PROCEDURAL RULE ENVIRONMENTAL QUALITY BOARD › Series 46-06 - Procedural Rules Governing Site-Specific Revisions To Water Qualtiy Standards › Section 46-6-6 - Variances From Numeric Water Quality Standards For Remining Activities

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Authority to grant a remining variance.
				Pursuant to the authority provided in W. Va. Code '22B-3-4(c) the
				Board may grant a site-specific variance for remined areas of coal remining
				operations from standards of water quality set forth in 46-CSR-1, et seq,
				setting standards for iron, manganese or pH prior to the issuance of a national
				pollutant discharge elimination system (NPDES) permit by the Division of
				Environmental Protection in accordance with
				33 USC Section
				1311 (p) of the Federal Water Pollution
				Control Act.
6.2. Circumstances
				allowing issuance of a variance from water quality standards for remining
				activities. The Board may grant such variance if, after review of the variance
				application, the NPDES remining permit application and any other pertinent
				information, it finds that all of the requirements in this rule and in W. Va.
				Code '22B-3-4 and Coal Remining Policy
				issued by the West Virginia Division of Environmental Protection on September
				30, 1993, have been met and that a variance from water quality standards is
				warranted. The Board may grant the variance if it finds the following:
a. the stream does not currently meet the
				applicable numeric water quality criteria for iron, manganese or pH;
b. the remining activity cannot be carried
				out in compliance with the numeric water quality standards for iron, manganese
				or pH; and
c. the coal remining
				operation will result in the potential for improved water quality.
West Virginia Code of State Rules › Agency 46 - Coal Mine Health And Safety › Title 46 - PROCEDURAL RULE ENVIRONMENTAL QUALITY BOARD › Series 46-06 - Procedural Rules Governing Site-Specific Revisions To Water Qualtiy Standards › Section 46-6-7 - Site-Specific Numeric Criteria Requested Pursuant to 46 CSR 1, section 8.4

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Circumstances allowing a site-specific
				numeric criterion. A site-specific numeric criterion may be established for a
				stream or stream segment upon a demonstration that the existing numeric
				criterion in 46 CSR 1, Appendix E, is either over-protective or
				under-protective of the aquatic life residing in the stream or stream segment.
				A site-specific numeric criterion will be established by the Board only where
				the numeric criterion will be fully protective of the aquatic life and the
				existing and designated uses in the stream or stream segment. Applicants for
				site-specific numeric criteria must contact the Board to receive approval for
				the use of any plan for a Water Effect Ratio, Recalculation Procedure or any
				other method for developing a site-specific numeric criterion, prior to
				carrying out any provisions of such plan.
7.2. Application. Any person seeking a site
				specific numeric criterion may submit to the Board an application which
				includes the information outlined in section 3.1 a-i of this rule, as well as
				the following information:
a. the existing
				numeric water quality criterion which applies to the stream and the alternative
				numeric criterion desired by the applicant;
b. The results of a Water Effect Ratio study
				conducted pursuant to the procedures outlined in the February 1994 version of
				EPA's "Interim Guidance on the Determination and Use of Water-Effect Ratios for
				Metals" (or any subsequent version of that guidance in effect at the time of
				the proposal) or any other method for which the applicant has obtained prior
				approval from the Board including USEPAs Recalculation Procedure; and
c. An explanation of how the results of the
				Water Effect Ratio study demonstrate that the alternative numeric water quality
				criterion proposed by the applicant is warranted.
West Virginia Code of State Rules › Agency 46 - Coal Mine Health And Safety › Title 46 - PROCEDURAL RULE ENVIRONMENTAL QUALITY BOARD › Series 46-07 - Procedural Rules Governing Reclassification Of Waters Designated For Public Water Supply › Section 46-7-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- The procedures herein apply to
				the removal of the public water supply designated use category ("Category A")
				described in 46 CSR 1.6.2, from waters of the state. (see West Virginia
				Legislative Rule 46 CSR 1, "Requirements Governing Water Quality Standards"
				§6 for a description of all designated use categories).
1.2. Purpose. -- The purpose of this rule is
				to establish procedures for applicants requesting the removal of the public
				water supply designated use from a water of the state or segment thereof, and
				for the Board to follow in considering such requests. This rule provides an
				alternative to the existing procedures for removing the public water supply
				designated use, as established in W. Va. Code §
									22B-3-4(b), W.
				Va. Code §
									29A-3-1 et seq., 46 CSR 1,
				"Requirements Governing Water Quality Standards", and 46 CSR 6, "Procedural
				Rules Governing Site-Specific Revisions to Water Quality Standards".
1.3. Authority. -- W. Va. Code §§
									22B-3-4(d) and
				29A-3-3.
1.4. Filing Date. -- January 8,
				2003.
1.5. Effective Date.--
				February 7, 2003.
West Virginia Code of State Rules › Agency 46 - Coal Mine Health And Safety › Title 46 - PROCEDURAL RULE ENVIRONMENTAL QUALITY BOARD › Series 46-07 - Procedural Rules Governing Reclassification Of Waters Designated For Public Water Supply › Section 46-7-2 - Compliance with State Law

Current through Register Vol. XLI, No. 28, July 12, 2024
Any decision to remove the public water supply designated use
				  from a water of the state according to these procedures shall be conducted in
				  accordance with the requirements for procedural rulemaking outlined in the
				  State Administrative Procedures Act (W. Va. Code Chapter 29A, Article 3.). In
				  addition to those provisions, the Board shall hold a public hearing as part of
				  the public notice and comment period and shall provide notice of such hearing
				  consistent with the provisions of W. Va. Code §
									29-3-7. All deliberations and
				  decisions by the Board in addressing an application shall be conducted in
				  accordance with the Open Governmental Proceedings Act (W. Va. Code Chapter 6,
				  Article 9A).
West Virginia Code of State Rules › Agency 46 - Coal Mine Health And Safety › Title 46 - PROCEDURAL RULE ENVIRONMENTAL QUALITY BOARD › Series 46-07 - Procedural Rules Governing Reclassification Of Waters Designated For Public Water Supply › Section 46-7-3 - Applicability

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. This rule applies to the removal of the
				public water supply designated use category described in the water quality
				standards rule (46 CSR §1.6.2), from a water of the state. The Board will
				consider the removal of the public water supply designated use according to the
				requirements outlined in this rule on a case-by-case basis, upon receipt of an
				application incorporating the provisions outlined in §
									46-7-4, herein. This rule shall
				not apply to the removal or reclassification of any other designated use
				category established in 46 CSR §1.6.2; all other reclassifications of
				designated uses shall be conducted according to W. Va. Code §
									22B-3-4(b);. and
				46 CSR 6. The procedure outlined herein is an alternate mechanism for removing
				the public water supply designated use; that designated use may also be removed
				by revising the water quality standards rule through the legislative rulemaking
				process (see W. Va. Code §
									22B-3-4(b) and
				W. Va. Code §
									29A-3-1 et seq.).
3.2. Applications for the removal of the
				public water supply designated use may be submitted to the Board by any
				interested party, including, but not limited to: National Pollution Discharge
				Elimination System ("NPDES") permit holders, NPDES permit applicants, the WV
				Department of Environmental Protection ("DEP") and other state
				agencies.
West Virginia Code of State Rules › Agency 46 - Coal Mine Health And Safety › Title 46 - PROCEDURAL RULE ENVIRONMENTAL QUALITY BOARD › Series 46-07 - Procedural Rules Governing Reclassification Of Waters Designated For Public Water Supply › Section 46-7-5 - Criteria for Assessing Removal of the Public Water Supply Designated Use

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. The Board may grant a request for
				removal of the public water supply designated use from a water or segment
				thereof, if it finds the following:
5.1.a.
				That the water or segment is not being used as a drinking water source;
				and
5.1.b. That the water or
				segment is not likely to be used as a drinking water source in the future;
				and
5.1.c. That attainment of the
				public water supply designated use is not feasible in the water or segment
				because of any of the following factors:
5.1.c.1. Application of effluent limitations
				for existing sources more stringent than those required pursuant to
				§301(b) and §306 of the federal Clean Water Act in order to attain
				the currently applicable designated use would result in substantial and
				widespread adverse economic and social impact; or
5.1.c.2. Naturally-occurring pollutant
				concentrations prevent the attainment of the use; or
5.1.c.3. Natural, ephemeral, intermittent or
				low flow conditions of water levels prevent the attainment of the use, unless
				these conditions may be compensated for by the discharge of sufficient volume
				of effluent discharges to enable uses to be met; or
5.1.c.4. Human-caused conditions or sources
				of pollution prevent the attainment of the use and cannot be remedied or would
				cause more environmental damage to correct than to leave in place; or
5.1.c.5. Dams, diversions or other types of
				hydrologic modifications preclude the attainment of the use, and it is not
				feasible to restore the water body to its original condition or to operate such
				modification in a way that would result in the attainment of the use;
				and
5.1.d. That, upon
				removal of the public water supply designated use from the water or segment
				thereof, the applicable water quality standards would provide for the
				attainment and maintenance of the water quality standards of the downstream
				waters.
West Virginia Code of State Rules › Agency 46 - Coal Mine Health And Safety › Title 46 - PROCEDURAL RULE ENVIRONMENTAL QUALITY BOARD › Series 46-07 - Procedural Rules Governing Reclassification Of Waters Designated For Public Water Supply › Section 46-7-6 - Board Procedures

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1.
				Completeness Review. Upon receipt of an application for removal of the public
				water supply designated use subject to this rule, the Board shall conduct a
				review to determine that the application is complete. Such review shall be
				completed no later than 30 days from the date of receipt of the application in
				the Board Office.
6.1.a. Upon a determination
				that the application is complete, the Board shall notify the applicant to that
				effect and begin a substantive review of the application. The Board shall then
				forward the application to the WV Bureau for Public Health, the WV Division of
				Environmental Protection, the WV Department of Agriculture and the US
				Environmental Protection Agency, Region 3.
6.1.b. If the Board determines that the
				application is incomplete, it shall notify the applicant and provide a list of
				the information necessary to make the application complete.
West Virginia Code of State Rules › Agency 46 - Coal Mine Health And Safety › Title 46 - PROCEDURAL RULE ENVIRONMENTAL QUALITY BOARD › Series 46-07 - Procedural Rules Governing Reclassification Of Waters Designated For Public Water Supply › Section 46-7-7 - Submission to the US Environmental Protection Agency

Current through Register Vol. XLI, No. 28, July 12, 2024
Each time a revision is made to this rule to remove the
				  public water supply designated use from a water of the state or segment
				  thereof, the Board shall submit the final revised procedural rule to the US
				  Environmental Protection Agency according to the requirements of
				   40 CFR
				  131.20(c).
West Virginia Code of State Rules › Agency 46 - Coal Mine Health And Safety › Title 46 - PROCEDURAL RULE ENVIRONMENTAL QUALITY BOARD › Series 46-07 - Procedural Rules Governing Reclassification Of Waters Designated For Public Water Supply › Section 46-7-8 - Streams From Which the Public Water Supply Designated Use Has Been Removed

Current through Register Vol. XLI, No. 28, July 12, 2024
(This section RESERVED pending decisions on applications
				  received according to this rule.)
West Virginia Code of State Rules › Agency 46 - Coal Mine Health And Safety › Title 46 - PROCEDURAL RULE ENVIRONMENTAL QUALITY BOARD › Series 46-08 - Rules On Request For Information › Section 46-8-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- These rules prescribe the
				procedures under which the public may inspect and obtain information and
				records generated, developed or held by the Environmental Quality Board. These
				rules do not apply to the disclosure of information to any officer, employee or
				authorized representative of the State or Federal government.
1.2. Authority. -- W. Va. Code 29B-1 et seq.,
				and 29A-3-3.
1.3. Filing Date. --
				January 19, 1996.
1.4. Effective
				Date. -- February 18, 1996.
West Virginia Code of State Rules › Agency 46 - Coal Mine Health And Safety › Title 46 - PROCEDURAL RULE ENVIRONMENTAL QUALITY BOARD › Series 46-08 - Rules On Request For Information › Section 46-8-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. For the purpose of these rules:
(a) "Act" means the Freedom of Information
				Act, Chapter 29B, Article 1 of the West Virginia Code.
(b) "Board" means the Environmental Quality
				Board located at 1615 Washington Street, East, Charleston, West Virginia
				25311-2126.
(c) "Record" means any
				books, papers, maps, photographs, cards, tapes, recordings or other documentary
				materials regardless of physical form or characteristics which are in the
				possession of the Board, but does not include materials that are the personal
				property of a Board employee and does not include materials which are
				copyrighted or are readily available to the public such as books, journals, and
				periodicals.
(d) "Request" means a
				written request made in accordance with these rules of procedure to inspect or
				obtain a copy of one or more records.
(e) "Requestor" means any person, including
				any natural person, corporation, partnership, firm or association, who has
				submitted a request to the Board.
West Virginia Code of State Rules › Agency 46 - Coal Mine Health And Safety › Title 46 - PROCEDURAL RULE ENVIRONMENTAL QUALITY BOARD › Series 46-08 - Rules On Request For Information › Section 46-8-3 - Policy on Disclosure

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1.
(a) All Board records shall be available to
				the public unless they are exempt from the disclosure requirements of the
				Act.
(b) All nonexempt records
				shall be available to the public upon request regardless of whether any
				justification or need has been shown by the requestor and regardless of whether
				or not the request cites the Act.
West Virginia Code of State Rules › Agency 46 - Coal Mine Health And Safety › Title 46 - PROCEDURAL RULE ENVIRONMENTAL QUALITY BOARD › Series 46-08 - Rules On Request For Information › Section 46-8-4 - Form of Request

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. A
				request shall be made in writing, shall reasonably describe the records sought
				in a way that will permit their identification and location, and should be
				addressed to the Environmental Quality Board, 1615 Washington Street, East,
				Suite 301, Charleston, West Virginia 25311-2126.
West Virginia Code of State Rules › Agency 46 - Coal Mine Health And Safety › Title 46 - PROCEDURAL RULE ENVIRONMENTAL QUALITY BOARD › Series 46-08 - Rules On Request For Information › Section 46-8-5 - Requests Which Do Not Reasonably Describe Records Sought

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1.
				If the description of the records sought in the request is not sufficient to
				allow the Board to identify and locate the requested records, the requestor
				will be notified within five working days that the request is denied until
				additional information is provided in an amended request. Until such additional
				information is provided, the Board has no further obligation to fulfill the
				request.
West Virginia Code of State Rules › Agency 46 - Coal Mine Health And Safety › Title 46 - PROCEDURAL RULE ENVIRONMENTAL QUALITY BOARD › Series 46-08 - Rules On Request For Information › Section 46-8-6 - Misdirected Requests; Oral Requests

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1 The Board
				cannot assure that requests received in a manner inconsistent with these rules
				will be answered in a timely fashion. The five-day period, as provided for in
				these rules of procedure, shall begin at the time the Board receives the
				request. Oral or phone requests for the records may be honored if followed by a
				written request.
West Virginia Code of State Rules › Agency 46 - Coal Mine Health And Safety › Title 46 - PROCEDURAL RULE ENVIRONMENTAL QUALITY BOARD › Series 46-08 - Rules On Request For Information › Section 46-8-7 - Responsibilities of the Board

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1.
(a) The Board shall, upon receipt of a
				written request, mark the request with the date of receipt and begin to
				identify and locate the requested information or ask for a more specific
				request,
(b) The Board shall
				respond in writing to the requestor within five working days of the receipt of
				the request. Such response shall:
(i) Furnish
				copies of the requested information;
(ii) Advise the requestor of the time and
				place at which he/she may inspect and copy the information;
(iii) Deny the request in accordance with
				these rules of procedure; or
(iv)
				Notify the requestor that the records require more than five days to assemble,
				and identify an approximate date of completion of the request.
West Virginia Code of State Rules › Agency 46 - Coal Mine Health And Safety › Title 46 - PROCEDURAL RULE ENVIRONMENTAL QUALITY BOARD › Series 46-08 - Rules On Request For Information › Section 46-8-8 - Denials of Requests

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1.
(a) Denials of requests may be issued only in
				the following circumstances:
(i) the requested
				record is not known to exist;
(ii)
				the record is not in the Board's possession;
(iii) the record is exempt from disclosure
				under the Act; or
(iv) the
				description of the record sought in the request is not sufficient for the Board
				to identify and locate the record.