West Virginia Code of State Rules › Agency 46 - Coal Mine Health And Safety › Title 46 - PROCEDURAL RULE ENVIRONMENTAL QUALITY BOARD › Series 46-02 - Rules governing The State National Pollutant Discharge Elimination System Program › Section 46-2-6 - Establishing Permit Conditions

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. In
				addition to conditions required in all permits, the Chief 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 State Act and
				regulations. An applicable requirement is a State or Federal or interstate
				compact, statutory or regulatory requirement which takes effect prior to final
				administrative disposition of a permit and is also any requirement which 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 Chief may utilize Heal 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 Chief 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:
a. Technology-based effluent limitations and
				standards based on effluent limitations and standards under Section 301 of CWA
				or new source performance standards promulgated under Section 306 of CWA, or
				case-by-case effluent standards determined under Section 402(a) (1) of CWA, or
				a combination of the two in accordance with 40 CFR Part 125. For new sources or
				new dischargers, these technology based limitations and standards are subject
				to the provisions of Section 13.7. (protection period).
b. Other effluent limitations and standards
				under Sections 301, 302, 303, 307, 318, and 405 of CWA. If any applicable toxic
				effluent standard or prohibition (including any schedule of compliance
				specified in such effluent standard or prohibition) is promulgated under
				Section 307(a) of CWA for a toxic pollutant and that standard or prohibition is
				more stringent than any limitation on the pollutant in the permit, the Chief
				shall institute proceedings under these regulations to modify or revoke and
				reissue the permit to conform to the toxic effluent standard or prohibition.
				(The provisions of   40 CFR 129   as of July 1, 1985, are hereby incorporated by
				reference.)
c. For any discharger
				within a primary industry category (see Appendix A), requirements under Section
				307(a)(2) of CWA
are
as follows:
1. After June 30, 1981, any permit issued
				shall include effluent limitations and a compliance schedule to meet the
				requirements of Sections 301(b)(2)(A), (C), (D), (E) and (F) of 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 Sections 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.
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.
e. Any requirements necessary to ensure
				consistency with the requirements of a Water Quality Management Plan approved
				by EPA under Section 208(b) of CWA.
f. For toxic pollutants, limitations
				established under paragraphs 6.3.a, 6.3.b or 6.3.c of this section, to control
				pollutants meeting the criteria listed in paragraph 6.3.f.1 of this section.
				Limitations will be established in accordance with paragraph 6.3.f.2 of this
				section. An explanation of the development of these limitations shall be
				included in the fact sheet, if any:
1.
				Limitations must control all toxic pollutants which:
i. The Chief determines are or may be
				discharged at a level greater than the level which can be achieved by the
				technology-based treatment requirements appropriate to the permittee;
				or
ii. The discharger does or may
				use or manufacture as an intermediate or final product or by-product.
2. The requirement that the
				limitations control the pollutants meeting the criteria of paragraph 6.3.f.1 of
				this section will be satisfied by:
i.
				Limitations on those pollutants; or
ii. Limitations on other pollutants which, in
				the judgement of the Chief, will provide the necessary treatment of the
				pollutants.
g. Notification level. A "notification level"
				which exceeds the notification level of Section 5.1.6, upon a petition from the
				permittee or on the Chief's initiative. This new notification level may not
				exceed the level which can be achieved by the technology-based treatment
				requirements appropriate to the permittee.
h. Monitoring requirements. In addition to
				Section 5.10, the following monitoring requirements:
1. To assure compliance with permit
				limitations, requirements to monitor:
i. The
				mass (or other measurement specified in the permit) for each pollutant limited
				in the permit;
ii. The volume of
				effluent discharged from each outlet;
iii. Other measurements as appropriate,
				including pollutants In internal waste streams under Section
				7.
8
; pollutants in intake water for net limitations
				under Section 7.
7
; frequency, rate of discharge, etc.,
				for noncontinuous dischargers under Section 7.5; and pollutants subject to
				notification requirements under Section 5.12.f.
iv. According to test procedures approved
				under 40 CFR Part 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.
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.
3.
				Requirements concerning the proper use, maintenance, and installation when
				appropriate as determined by the Chief of monitoring equipment or methods
				(including biological monitoring methods when appropriate as determined by the
				Chief).
i. Best
				management practices to control or abate the discharge of pollutants when:
1. Authorized under Section 304(e) of CWA for
				the control of toxic pollutants and hazardous substances from ancillary
				activities;
2. Numeric effluent
				limitations are infeasible; or
3.
				The practices are reasonably necessary to achieve effluent limitations and
				standards or to carry out the purposes and intent of CWA.
j. Reissued permits.
1. Except as provided in paragraph 6.3.j.2 of
				this section. 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).
2. When effluent limitations were imposed
				under Section 402(a)(1) of CWA in a previously issued permit and these
				limitations are more stringent than the subsequently promulgated effluent
				guidelines, this paragraph shall apply unless:
i. 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);
ii. The subsequently promulgated effluent
				guidelines are based on best conventional pollutant control technology Section
				301(b) (2)(E) of CWA;
iii. 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
iv. There is increased production at the
				facility which 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.
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 CWA and the State Act, Alternatively, the Chief may issue
				separate permits to the treatment works and to its users, or may require a
				separate permit application from any user. The Chief's decision to issue a
				permit with no conditions applicable to any user, to impose conditions on one
				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.
l. Grants. Any conditions imposed in grants
				made by the Administrator to POTWs under Sections 201 and 204 of CWA which are
				reasonably necessary for the achievement of effluent limitations under Section
				301 of CWA.
m. Sewage sludge.
				Requirements under Section 405 of CWA governing the disposal of sewage sludge
				from publicly owned treatment works, in accordance with any applicable
				regulations.
n. Navigation. Any
				conditions that the Secretary considers necessary to ensure that navigation and
				anchorage will not be substantially impaired.
o. Any alternative effluent limitations or
				standard may be incorporated where warranted by "fundamentally different
				factors", under 40 CFR Part 125, Subpart D.