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 47-10-7 - Calculating NPDES Conditions

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Outlets and discharge points. -- All
				permit effluent limitations, standards, and prohibitions shall be established
				for each outlet or discharge point of the permitted facility, except as
				otherwise provided under subdivision 6.3.i and subsection 7.8 of this
				rule.
7.2. Production-based
				limitations:
7.2.a. In the case of sewage
				facilities, permit limitations, standards, or prohibitions shall be calculated
				based on design flow.
7.2.a.1. Except in the
				case of sewage facilities, or as provided, in paragraph 7.2.a.3 below,
				calculation of any permit limitations, standards, or prohibitions that are
				based on production (or other measure of operation) shall be based not upon the
				designed production capacity but rather upon a reasonable measure of actual
				production of the facility. For new sources or new dischargers, actual
				production shall be estimated using projected production. The time period of
				the measure of production shall correspond to the time period of the calculated
				permit limitation; for example, monthly production shall be used to calculate
				average monthly discharge limitations.
7.2.a.2. Where production-based limitations,
				standards or prohibitions apply, the Director may include a condition
				establishing alternate permit limitations, standards or prohibitions based upon
				anticipated increased or decreased production levels, not to exceed maximum
				production capability.
7.2.a.3. If
				the Director establishes permit conditions under paragraph 7.2.a.2 above:
7.2.a.3.A. The permit shall require the
				permittee to notify the Director at least two (2) business days prior to the
				month in which the permittee expects to operate at a level higher than the
				lowest production level identified in the permit. The notice shall specify the
				anticipated level and the period during which the permittee expects to operate
				at the alternate level. If the notice covers more than one (1) month, the
				notice shall specify the reasons for the anticipated production level increase.
				New notice of discharge at alternate levels is required to cover a period or
				production level not covered by prior notice or, if during two (2) consecutive
				months otherwise covered by a notice, the production level at the permitted
				facility does not in fact meet the higher level designated in the
				notice.
7.2.a.3.B. The permittee
				shall comply with the limitations, standards, or prohibitions that correspond
				to the lowest level of production specified in the permit, unless the permittee
				has notified the Director, in which case the permittee shall comply with the
				lower of the actual level of production during each month or the level
				specified in the notice.
7.2.a.3.C.
				The permittee shall submit with the DMR the level of production that actually
				occurred during each month and the limitations, standards, or prohibitions
				applicable to that level of production.