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 47-10-3 - Permits

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Permit
				requirement. -- No person shall discharge pollutants from a point source into
				State waters except as authorized by a State NPDES permit. A NPDES permit
				issued pursuant to this series shall be deemed to be a permit issued in
				accordance with W. Va. Code '22-11-4.
3.2. Specific exclusions from NPDES permits.
3.2.a. It is recognized that the Federal
				NPDES program excludes certain discharges from the requirement of a NPDES
				permit (although other Federal permits may be necessary) and that the State
				Act, in certain instances, is broader in scope than the Federal NPDES program.
				The discharge of dredged or fill material into navigable waters of the United
				States, for example, does not need a Federal NPDES permit; rather a 404 permit
				from the United States Army Corps of Engineers is required. The State Act
				regulates discharges into all waters of the State including groundwater; the
				Federal NPDES program, on the other hand, regulates discharges into a less
				inclusive category of waters. In addition, the State Act requires permits for
				construction of a disposal system or part thereof and the discharge of
				pollutants into the State's waters; the Federal NPDES program, however, does
				not require permits for the construction of the facility, but rather just for
				the discharge of pollutants from a point source into waters of the United
				States. Finally, the Natural Streams Preservation Act, W. Va. Code
				'22-13-1, et seq.,
				requires a separate permit to modify any of the streams designated protected by
				the Legislature.
3.2.b. The
				following discharges do not require a NPDES permit; however, the specification
				of exclusions under subdivision 3.2.a of this rule shall not relieve any person
				of any requirement imposed by the State Act or regulations, including State Act
				permitting requirements.
3.2.b.1. Any
				discharge of sewage from vessels, effluent from properly functioning marine
				engines, laundry, shower, and galley sink wastes or any other discharge
				incidental to the normal operation of a vessel. This exclusion does not apply
				to rubbish, trash, garbage, or other such materials discharged overboard or to
				other discharges when the vessel is operating in a capacity other than a means
				of transportation, such as when used as an energy or mining facility, a storage
				facility or when secured to a storage facility, or when secured to the bed of
				the water or waters of the State for the purpose of mineral or oil exploration
				or development.
3.2.b.2. Discharges
				of dredged or fill material into waters of the State that are regulated under
				'404 of the CWA.
3.2.b.3. The
				introduction of pollutants into publicly or privately owned treatment works
				except as the Director may otherwise require under subdivision 6.3.k below.
				Plans or agreements to switch to this method of disposal in the future do not
				relieve dischargers of the obligation to have and comply with permits until all
				discharges of pollutants into waters of the State are eliminated.
3.2.b.4. Any introduction of pollutants from
				non-point source agricultural and silvicultural activities, including runoff
				from orchards, cultivated crops, pastures, range lands, and forest lands, but
				not discharges from concentrated animal feeding operations as defined in
				subsection 13.1 below, discharges from concentrated aquatic animal production
				facilities as defined in subsection 13.2 below, and discharges from
				silvicultural point sources as defined in subsection 13.5 below.
3.2.b.5. Water, gas or other material that is
				injected into a well either to facilitate production of oil or gas or for
				disposal purposes and is approved by the Office of Oil and Gas pursuant to
				applicable State law.
3.2.b.6.
				Return flows from irrigated agriculture.
3.2.b.7. Any discharge in compliance with the
				instructions of an On-Scene Coordinator pursuant to 40 C.F.R. '1510 (The
				National Oil and Hazardous Substance Pollution Plan) or 33 C.F.R. '153.10(e)
				(Pollution by Oil and Hazardous Substances).
3.2.c. When issuing permits required under
				the State Act but not required by NPDES, the Director may follow the procedures
				set forth in this series.