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 47-30 - WV/NPDES Rule for Coal Mining Facilities › Section 47-30-3 - Permits

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Permit
				Requirements; Exemptions:
3.1.a. Permit
				Requirements. Except as authorized by a WV/NPDES permit, no person shall:
3.1.a.1. Discharge pollutants from a point
				source associated with any coal mine or preparation plant, or any refuse and
				waste therefrom;
3.1.a.2. Make,
				cause or permit to be made any outlet or substantially enlarge or add to the
				load of any existing outlet from a facility for the discharge of pollutants or
				the effluent therefrom into the waters of the State;
3.1.a.3. Acquire, construct, install, modify
				or operate a disposal system or part thereof for the direct or indirect
				discharge or deposit of treated or untreated waste or effluent from any
				facility into the waters of the State, or any extension to or addition to such
				disposal system;
3.1.a.4. Extend,
				modify, add to or increase in volume or concentration any pollutants or
				effluent from any point source associated with any facility in excess of the
				discharges or disposition specified or permitted under any existing permit;
				or
3.1.a.5. Construct, install,
				modify, open, reopen, operate or abandon any coal mine, coal preparation plant
				or coal preparation plant associated areas whenever such facilities have
				associated with them or might reasonably be expected to have associated with
				them a discharge into or pollution of waters of the State, except that a
				WV/NPDES permit shall be required for any coal preparation plant regardless of
				whether it has, may have or might reasonably be expected to have a
				discharge.
3.1.a.6. Conduct
				activities consisting of discharges of storm water runoff or snow melt composed
				entirely of flows that are from conveyances used for collecting and conveying
				precipitation runoff, unless meeting the following requirements:
3.1.a.6.A. The facility shall have a valid
				WV/NPDES permit;
3.1.a.6.B. The
				storm water activity shall not involve any mineral removal, pumping of storm
				water or storm water commingled with mine drainage or refuse
				drainage;
3.1.a.6.C. The storm
				water activity shall be constructed and maintained in accordance with the
				issued Article 3 Permit Revision including incidental boundaries revisions and
				with the best management practices and performance standards contained in 38
				C.S.R. 2 and W. Va. Code §
												22-3-1, et
				seq.;
3.1.a.6.D. Any request for
				coverage under this rule shall be submitted on forms prescribed by the
				Secretary for an Article 3 Permit Revision;
3.1.a.6.E. Authorization to discharge storm
				water is effective upon the issuance of the corresponding Article 3 Permit
				Revision;
3.1.a.6.F. Application
				for reissuance of the WV/NPDES Permit shall include application information on
				all storm water discharges authorized under this rule; and
3.1.a.6.G. The Secretary may require any
				storm water discharge
r
authorized by this rule to
				submit a WV/NPDES modification when the Secretary determines that the receiving
				stream may be better protected by an individual WV/NPDES
				modification.
3.1.a.7. A
				WV/NPDES permit issued pursuant to Section 3 of this rule shall be deemed to be
				a permit issued in accordance with Article 11 and the CWA.
3.1.a.8. No facility may be an indirect
				discharger.