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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 47-13 - Underground Injection Control › Section 47-13-12 - Criteria and Standards Applicable to Class 5 Injection Wells

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. General. This
				section sets forth requirements for underground injection control programs to
				regulate all injection not regulated in sections 8, 9, 10, 11, and 13.
				Generally, wells covered in this section inject non-hazardous fluids into
				strata that contain underground sources of drinking water. It includes, but is
				not limited to, the following types of injection wells: Waste disposal wells,
				such as drainage wells, cooling water return flow wells, air conditioning
				return flow wells, salt water barrier wells and subsidence control wells (not
				associated with oil and gas production).
12.1.1. All new large capacity cesspools are
				prohibited.
12.1.2. All existing
				large capacity cesspools must be closed by April 5, 2005.
12.1.3. All new motor vehicle waste disposal
				wells are prohibited.
12.1.4. All
				existing motor vehicle waste disposal wells must be closed by January 1, 2005,
				or operated in compliance with Section 14.1.2. and 4 of this rule such that the
				Director will require wells to be permitted and maintained.
12.1.5. Applicants for permits for existing
				MVWDWs must meet MCLs at the point of injection while the permit application is
				under review. If a permit is issued for a MVWDW, the permittee must comply with
				permit requirements including requirements to meet MCLs and other health-based
				standards at the point of injection.
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 47-13 - Underground Injection Control › Section 47-13-13 - Criteria and Standards Applicable to Class 6 Wells

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. General. This section sets forth
				requirements for underground injection control programs to regulate Class 6
				carbon dioxide geologic sequestration wells. This section establishes criteria
				and standards for underground injection control programs to regulate any Class
				6 carbon dioxide geologic sequestration injection wells, for long-term
				containment of a gaseous, liquid, or supercritical carbon dioxide stream in
				subsurface geologic formations.
13.1.1. This
				subpart also applies to owners or operators of permit or rule-authorized Class
				1, Class 2, or Class 5 experimental carbon dioxide injection projects who seek
				to apply for a Class 6 geologic sequestration permit for their well or wells.
				Owners or operators seeking to convert existing Class 1, Class 2, or Class 5
				experimental wells to Class 6 geologic sequestration wells must demonstrate to
				the Director that the wells were engineered and constructed to meet the
				requirements at subsection 13.3.1.and ensure protection of USDWs, in lieu of
				requirements at subsection 13.3.2., 13.3.2.a., and 13.5. By December 10, 2011,
				owners, or operators of either Class 1 wells previously permitted for the
				purpose of geologic sequestration or Class 5 experimental technology wells no
				longer being used for experimental purposes that will continue injection of
				carbon dioxide for the purpose of GS must apply for a Class 6 permit. A
				converted well must still meet all other requirements under section 13-13.
13.1.1.a. The construction, operation or
				maintenance of any non-experimental Class 5 geologic sequestration well is
				prohibited.
13.1.1.b. Owners or
				operators of Class 6 wells must obtain a permit. Class 6 wells cannot be
				authorized by the rule to inject carbon dioxide.
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 47-13 - Underground Injection Control › Section 47-13-14 - Injection Well Permitting Program

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1. General Prohibition and Prohibition of
				Movement of Fluid into Underground Sources of Drinking Water.
14.1.1. Underground injection is prohibited
				unless authorized by permit or rule. The construction of any well required to
				have a permit is prohibited until the permit has been issued.
14.1.2. No owner or operator shall construct,
				operate, maintain, convert, plug, abandon or conduct any other underground
				injection activity in a manner which causes or allows the movement of fluid
				containing any contaminant into underground sources of drinking water, if the
				presence of that contaminant may cause a violation of any primary drinking
				water regulation under 40 CFR Part 142 or promulgated pursuant to W. Va. Code
				§
										16-1-1
et seq
.,
				or may otherwise adversely affect the health of persons. The applicant for a
				permit shall have the burden of showing that the requirements of this paragraph
				are met.
14.1.3. For Class 1, 2, 3,
				and 6 wells, if any water quality monitoring of an USDW indicates the movement
				of any contaminant into USDW except as authorized under this rule, the Director
				shall prescribe such additional requirements for construction, corrective
				action, operation, monitoring, or reporting (including closure of the injection
				well) as are necessary to prevent such movement. In the case of wells
				authorized by permit, these additional requirements shall be imposed by
				modifying the permit or the permit may be revoked if cause exists, or
				appropriate enforcement action may be taken if the permit has been violated. In
				the case of wells authorized by rule, see subsection 14.2.
14.1.4. For Class 5 wells, if at any time the
				Director learns that a Class 5 well may cause a violation of primary drinking
				water rules under 40 CFR Part 142 or W. Va. Code §
										16-1-1
et seq
.,
				he or she shall:
14.1.4.a. Require the
				injector to obtain an individual permit;
14.1.4.b. Order the injector to take such
				actions (including where required closure of the injection well) as may be
				necessary to prevent the violation; or
14.1.4.c. Take enforcement action.
14.1.5. Whenever the Director
				learns that a Class 5 well may be otherwise adversely affecting the health of
				persons, he or she may prescribe such actions as may be necessary to prevent
				the adverse effect, including any action authorized under subdivision 14.2.4.
				of this section.
14.1.6.
				Notwithstanding any other provision of this section, the Director may take
				emergency action under W. Va. Code §
										22-11-19 upon receipt of
				information that a contaminant which is present in or is likely to enter a
				public water system or USDW may present an imminent and substantial
				endangerment to health of persons.
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 47-26 - Water Pollution Control Permit Fee Schedules › Section 47-26-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope and
				Purpose. -- This legislative rule establishes schedules of permit application
				fees and annual permit fees for state water pollution control permits and
				national pollutant discharge elimination system permits issued by the Director
				of the Division of Water and Waste Management. This rule applies to any person
				who is required to apply for and obtain a permit from the Director in order to
				conduct an activity that is enumerated in W. Va. Code §
									22-11-8.
1.2. Authority. -- W. Va. Code §
									22-11-10.
1.3. Filing Date. -- May 23, 2013.
1.4. Effective Date. -- July 1,
				2013.
1.5. Incorporation by
				Reference. -- Whenever federal or State statutes or regulations are
				incorporated into this rule by reference, the reference is to the statute or
				regulation in effect on the effective date of this rule.
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 47-26 - Water Pollution Control Permit Fee Schedules › Section 47-26-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Activity"
				means an activity for which a permit is required pursuant to the provisions of
				W. Va. Code §
									22-11-8.
2.2. "Average Discharge Volume" or "ADV"
				means:
2.2.1. For a State water pollution
				control permit, the flow reported on the permit application.
2.2.2. For a national pollutant discharge
				elimination system permit for industrial wastes or for other wastes, the sum of
				the average flows reported on the permit application, as described in 47CSR10,
				paragraph 4.4.b.3.
2.2.3. For a
				national pollutant discharge elimination system permit for sewage, the design
				flow reported on the permit application.
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 47-26 - Water Pollution Control Permit Fee Schedules › Section 47-26-3 - Fee Assessment and Collection

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1.
				Assessment of Permit Application Fees. Any person who applies for a permit must
				pay the appropriate permit application fee in accordance with the provisions of
				sections 4 through 6 of this rule.
3.2. Assessment of Annual Permit Fees. Any
				person who holds a permit must pay an annual permit fee in accordance with the
				provisions of section 7 of this rule.
3.3. Method of Fee Payment. All fees assessed
				under this rule must be submitted to the Director by check or money order
				payable to the West Virginia Department of Environmental Protection.
3.4. Collection of Permit Application Fees.
				The permit application fee must be submitted to the Director with the permit
				application. No permit application will be processed until the appropriate fee
				has been received by the Director.
3.4.1. A
				person may seek verification of the correct amount of a permit application fee
				by submitting his or her calculation of the fee to the Director in writing.
				This calculation must be submitted sufficiently in advance of the permit
				application to meet the provisions of 47CSR10 subsection 4.3. Within thirty
				(30) days of the receipt of this calculation, the Director shall notify the
				applicant of the accuracy of his calculation. If the applicant's calculation is
				incorrect, the Director will advise him or her of the correct amount to be
				submitted as the permit application fee.
3.4.2. If the Director determines that a
				submitted application is incomplete and must be returned to the applicant for
				additional information, the permit application resubmission fee must accompany
				the refiled application. This fee will be either a sum equivalent to five
				percent (5%) of the permit application fee or one hundred dollars ($100),
				whichever is greater.
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 47-26 - Water Pollution Control Permit Fee Schedules › Section 47-26-4 - Initial Permit Application Fees

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Fee Calculation. Except as provided in
				subsections 4.2 through 4.6 of this rule, all initial permit application fees
				shall be calculated through the use of the following formula: the initial
				permit application fee shall equal the volume fee multiplied by the facility
				factor multiplied by the waste factor (i.e., Initial Permit Application Fee =
				Volume Fee x Facility Factor x Waste Factor).
4.1.1. The appropriate volume fee will be
				determined through the use of the "New Facility" column of Table A of this
				rule.
4.1.2. The appropriate
				facility factor will be determined through the use of Table B of this
				rule.
4.1.3. The appropriate waste
				factor will be determined through the use of Table C of this rule.
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 47-26 - Water Pollution Control Permit Fee Schedules › Section 47-26-5 - Permit Renewal Application Fees

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Fee Calculation. Except as provided in
				subsections 5.2 through 5.5 of this rule, all permit renewal application fees
				will be calculated through the use of the following formula: the permit renewal
				application fee shall equal the volume fee multiplied by the facility factor
				multiplied by the waste factor (i.e., Permit Renewal Application Fee = Volume
				Fee x Facility Factor x Waste Factor).
5.1.1.
				The appropriate volume fee will be determined through the use of the "Existing
				Facility" column of Table A of this rule.
5.1.2. The appropriate facility factor will
				be determined through the use of Table B of this rule.
5.1.3. The appropriate waste factor will be
				determined through the use of Table C of this rule.
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 47-26 - Water Pollution Control Permit Fee Schedules › Section 47-26-6 - Permit Modification Application Fees

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Fee Calculation. Except as provided in
				subsections 6.2 through 6.7 of this rule, all permit modification application
				fees will be calculated through the use of the following formula: the permit
				modification application fee shall equal the volume fee multiplied by the
				facility factor multiplied by the waste factor (i.e., Permit Modification
				Application Fee = Volume Fee x Facility Factor x Waste Factor).
6.1.1. The appropriate volume fee will be
				determined through the use of the "Existing Facility" column of Table A of this
				rule. Only the discharge volume of the activity affected by the modification
				shall be used in determining the appropriate volume fee.
6.1.2. The appropriate facility factor will
				be determined through the use of Table B of this rule.
6.1.3. The appropriate waste factor will be
				determined through the use of Table C of this rule.
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 47-26 - Water Pollution Control Permit Fee Schedules › Section 47-26-7 - Annual Permit Fees

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Facilities
				Discharging Sewage. The annual permit fee for a facility that discharges sewage
				will be determined through the use of Table D of this rule.
7.2. Facilities Discharging Industrial Wastes
				or Other Wastes. The annual permit fee for a facility that discharges
				industrial wastes or other wastes will be determined through the use of Table E
				of this rule.
7.3. Publicly-Owned
				Treatment Works. The annual permit fee for a POTW that operates a collection
				system only will be determined through the use of Table D of this
				rule.
7.4. Closed System
				Facilities.
7.4.1. The annual permit fee for
				a closed system facility where priority pollutants or toxic chemicals are
				present in the system will be five thousand dollars ($5,000): Provided, that if
				the Director determines that a facility is in substantial compliance with its
				existing permit, the fee will be two thousand five hundred dollars
				($2,500).
7.4.2. The annual permit
				fee for a closed system facility where no priority pollutants or toxic
				chemicals are present in the system will be one hundred dollars
				($100).
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 47-26 - Water Pollution Control Permit Fee Schedules › Table A - Industrial Wastes Only

Current through Register Vol. XLI, No. 28, July 12, 2024
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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 47-26 - Water Pollution Control Permit Fee Schedules › Table B - Facility Factors

Current through Register Vol. XLI, No. 28, July 12, 2024
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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 47-26 - Water Pollution Control Permit Fee Schedules › Table C - Waste Factors

Current through Register Vol. XLI, No. 28, July 12, 2024
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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 47-26 - Water Pollution Control Permit Fee Schedules › Table D - Annual Permit Fees For Facilities Discharging Sewage

Current through Register Vol. XLI, No. 28, July 12, 2024
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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 47-26 - Water Pollution Control Permit Fee Schedules › Table E - Annual Permit Fees For Facilities Discharging Industrial Wastes Other Wastes

Current through Register Vol. XLI, No. 28, July 12, 2024
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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 47-26 - Water Pollution Control Permit Fee Schedules › Table F - Schedule of Annual Permit Fees for Facilities Discharging Stormwater

Current through Register Vol. XLI, No. 28, July 12, 2024
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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 47-26 - Water Pollution Control Permit Fee Schedules › Table G - Schedule of Annual Permit Fees For Aquaculture Facilities

Current through Register Vol. XLI, No. 28, July 12, 2024
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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 47-26 - Water Pollution Control Permit Fee Schedules › Table H - Schedule of Annual Permit Fees for Public Geothermal Facilities

Current through Register Vol. XLI, No. 28, July 12, 2024
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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 47-30-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule establishes requirements implementing the powers, duties, and
				responsibilities of W. Va. Code §
									22-11-1
				with respect to all coal mines and preparation plants and all refuse and waste
				therefrom in the State.
1.2.
				Authority. -- W. Va. Code §
									22-11-4(a)(16)
1.3. Filing Date. -- April 30, 2015
1.4. Effective Date. -- July 1,
				2015
1.5. Applicability. -- This
				rule applies to all facilities covered under the "West Virginia Surface Coal
				Mining and Reclamation Act."
1.6.
				Incorporation by Reference. -- Whenever federal statutes or regulations are
				incorporated into this rule, the reference is to the statute or regulation in
				effect on July 1, 2006.
1.7.
				Promulgation History. -- This rule originally became effective on May 30, 1985.
				Amendments to this rule were made effective on April 24, 1986; May 29, 1987;
				May 15, 1997; June 1, 2004; July 1, 2009; and July 1, 2013.
1.8. Conflict of Interest. -- The Secretary
				or his or her authorized representative who has or shares authority to approve
				all or portions of permits, either in the first instance or as modified and
				reissued, shall not be a person who receives or has during the previous two (2)
				years received, a significant portion of income directly or indirectly from
				permit holders or applicants for a permit.
1.8.a. For the purposes of this paragraph:
1.8.a.1. "Significant portion of income"
				means five thousand dollars ($5,000) or ten percent (10%) or more of gross
				personal income for a calendar year, whichever is less, except that it means
				fifty percent (50%) or more of gross personal income for a calendar year if the
				recipient is over sixty (60) years of age and is receiving that portion under
				retirement, pension or similar arrangement.
1.8.a.2. "Permit holders or applicants for a
				permit" does not include any department or agency of the State.
1.8.a.3. "Income" includes retirement
				benefits, consultant fees, and stock dividends.
1.8.a.4. Income is not received "directly or
				indirectly from permit holders or applicants for a permit" when it is derived
				from mutual fund payments or from other diversified investments for which the
				recipient does not know the identity of the primary sources of
				income.
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 47-30-4 - Application For Permits

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Duty to
				Apply. Unless covered under a general permit issued in accordance with section
				13 of this rule, any person discharging pollutants, proposing to discharge
				pollutants, or proposing to undertake any activity listed in subdivision 3.1.a.
				of this rule who does not have an effective permit for such discharge or
				activity shall submit a complete application in the manner and form prescribed
				by the Secretary and in accordance with the provisions of section 4 of this
				rule.
4.2. Responsible Party
				Applies. When a facility or activity is owned by one person but is operated by
				another, the operator shall be the applicant. The Secretary may require
				documentation of the WV/NPDES permit responsibility and liability of the owner
				and operator and may propose and issue the WV/NPDES permit to the responsible
				person(s), but only after notice to the responsible person(s), or the Secretary
				may refuse to issue the WV/NPDES permit until the responsible person applies
				for the WV/NPDES permit.
4.3.
				Completeness. Any person who requires a WV/NPDES permit shall complete, sign,
				and submit to the Secretary a WV/NPDES application. An application for a permit
				is complete when the Secretary receives an application form and any
				supplemental information including maps, plans, designs, and other application
				materials that are completed to the Secretary's satisfaction. The completeness
				of any application for a WV/NPDES permit shall be judged independently of the
				status of any other permit application or permit for the same facility or
				activity. The Secretary shall not begin the processing of a permit until the
				applicant has fully complied with the application requirements.
4.4. Time to Apply.
4.4.a. Reissuance. Any person with an
				existing WV/NPDES permit shall submit an application for reissuance of that
				permit at least one hundred twenty (120) days before the expiration date of the
				existing WV/NPDES, NPDES or Article 11 permit.
4.4.b. Permit to Abandon. Any person
				proposing to abandon a deep mine facility under W. Va. Code §
										22-11-8(b)(6)
				and paragraph 3.1.a.5. of this rule shall apply for an abandonment permit at
				least one hundred eighty (180) days prior to sealing of the deep mine. A Phase
				II bond release request under WVSCMRA shall be considered an application to
				abandon a surface mine facility under W. Va. Code §
										22-11-8(b)(6)
				and paragraph 3.1.a.5. of this rule.
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 47-30-6 - Establishing WV/NPDES Permit Conditions

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. General. In addition to conditions
				required in all WV/NPDES permits, the Secretary shall establish conditions in
				WV/NPDES permits as required on a case-by-case basis to provide for and assure
				compliance with all applicable requirements of the CWA, Article 11, and section
				6 of this rule.
6.1.a. An applicable
				requirement is a State or federal or interstate compact, statutory or
				regulatory requirement that takes effect prior to final administrative
				disposition of a permit, or it is any requirement that takes effect prior to
				final administrative disposition and is also any requirement that takes effect
				prior to the modification or reissuance of a permit. Subdivision 10.2.b. of
				this rule provides a means for reopening a WV/NPDES permit proceeding at the
				discretion of the Secretary where new requirements become effective during the
				permitting process. An applicable requirement is also any requirement that
				takes effect prior to a modification or reissuance of a permit.
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 47-30-7 - Calculating WV/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 paragraph 6.3.k.2. and subsection 7.8. of this rule. Where a
				person has a number of outlets emerging into the waters of this State in close
				proximity to one another, such outlets may be treated as a unit for the
				purposes of section 7 of this rule.
7.2. Metals. All permit effluent limitations,
				standards or prohibitions for a metal shall be expressed in terms of the "total
				recoverable metal" as defined in 40 C.F.R. Part 136 unless:
7.2.a. An applicable effluent standard or
				limitation has been promulgated under the CWA and specifies the limitation for
				the metal in the dissolved or valent form;
7.2.b. In establishing permit limitations on
				a case-by-case basis, it is necessary to express the limitation on the metal in
				the dissolved or valent form in order to carry out the provisions of the CWA;
				or
7.2.c. All approved analytical
				methods for the metal inherently measures its dissolved form.
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 47-30-8 - Modification, Reissuance, Suspension, Release, and Revocation of Permits

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. General.
8.1.a. WV/NPDES permits may be modified,
				reissued, suspended, released or revoked either at the request of any
				interested person (including the permittee) or upon the Secretary's initiative.
				However, permits may be modified, reissued, suspended, released or revoked only
				for the reasons specified in section 8 of this rule. All requests shall be
				submitted to the Secretary in writing and shall contain facts or reasons
				supporting the request. The Secretary may require additional information that
				may require submission of an updated permit application.
8.1.b. If the Secretary decides the request
				is not justified, he or she shall send the requester a brief written response
				giving a reason for the decision. Denials of requests for modification,
				suspension, release or revocation are not subject to public notice, comment or
				hearings.
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 47-30-9 - Permits For Major Facilities

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. Designation of Major Facilities.
9.1.a. Because of their size of discharge,
				location in an environmentally sensitive area or for other reasons, certain
				facilities have been classified as major facilities by the EPA Region III
				Administrator. All such major facilities are facilities for which EPA has not
				waived the right to review, object to or comment upon pursuant to the
				Memorandum of Agreement. In addition, the Secretary may make additional
				designations of major facility status of facilities not already classified as
				such.
9.1.b. Facilities designated
				as major will be informed at the time of permit issuance.
9.1.c. Such facilities will be subject to
				special requirements as set forth in subsection 9.2. of this rule.
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 47-30-10 - Procedure For Permit Issuance

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1.
				General.
10.1.a. Once an application is
				complete, the Secretary shall tentatively decide whether to prepare a draft
				permit or to deny the application.
10.1.b. If the Secretary decides to prepare a
				draft permit, it shall contain the following information:
10.1.b.1. All applicable conditions under
				sections 5 and 6 of this rule;
10.1.b.2. All monitoring requirements;
				and
10.1.b.3. Effluent limitations,
				standards, prohibitions, and conditions and all variances under section 14 of
				this rule that are to be included.
10.1.c. All draft permits shall be
				accompanied by a fact sheet if required under section 11 of this rule and shall
				be publicly noticed and available for public comment in accordance with
				subsection 10.2. of this rule.
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 47-30-11 - Fact Sheet

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. Fact
				Sheet Preparation. A fact sheet shall be prepared for every draft permit for:
11.1.a. A major facility or
				activity;
11.1.b. Every general
				permit;
11.1.c. Every draft permit
				that incorporates a variance;
11.1.d. Every draft permit that the Secretary
				finds is the subject of widespread public interest or raises major issues;
				and
11.1.e. The fact sheet shall
				briefly set forth the principal facts and the significant factual, legal,
				methodological, and policy questions considered in preparing the draft permit.
				The Secretary shall send this fact sheet to the applicant and, on request, to
				any other person.
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 47-30-12 - New Sources

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1.
				Definitions. For the purpose of section 12 of this rule:
12.1.a. "Source" means any building,
				structure, facility or installation from which there is or may be a discharge
				of pollutants.
12.1.b. "Facilities"
				or "Equipment" means buildings, structures or process or production equipment
				or machinery that form a permanent part of the new source and that will be used
				in its operation, if these facilities or equipment are of such value as to
				represent a substantial commitment to construct. It excludes facilities or
				equipment used in connection with feasibility, engineering, and design studies
				regarding the source or water pollution treatment for the source.
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 47-30-13 - General Permits

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. Coverage.
				The Secretary may issue a general permit in accordance with the following:
13.1.a. Area. The general permit may be
				written to cover a category of discharges described in the permit under
				subdivision 13.1.b. of this rule, except those covered by individual permits,
				within a geographic area. The area shall correspond to existing geographic or
				political boundaries, such as:
13.1.a.1.
				Designated planning areas under CWA Sections 208 and 303;
13.1.a.2. City, county or state political
				boundaries;
13.1.a.3. State highway
				systems;
13.1.a.4. Standard
				metropolitan statistical area as defined by the United States Office of
				Management and Budget; or
13.1.a.5.
				Any other appropriate division or combination of boundaries.
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 47-30-14 - Decision On Variance

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1.
				Actions by the Secretary.
14.1.a. The
				Secretary may grant or deny requests for the following variances:
14.1.a.1. After consultation with the
				Regional Administrator, extensions under CWA Section 301(k) based on the use of
				innovative technology; or
14.1.a.2.
				Variances under CWA Section 316(a) for thermal pollution.
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 47-30-15 - Enforcement

Current through Register Vol. XLI, No. 28, July 12, 2024
15.1. General. The
				provisions of this rule may be enforced by all of the applicable provisions in
				W. Va. Code §
									22-11-3,
				including:
15.1.a. Orders or notices issued
				by the Secretary in accordance with W. Va. Code §§
										22-11-11,
				12, 15 and 19;
15.1.b. Civil
				penalties appropriate to the violation and injunctive relief in accordance with
				W. Va. Code §
										22-11-22;
				and
15.1.c. Criminal penalties in
				accordance with W. Va. Code §
										22-11-24.
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 › Appendix A

Current through Register Vol. XLI, No. 28, July 12, 2024
Toxic Pollutants under CWA Section 307(a)
1. Acenaphthene
2. Acrolein
3. Acrylonitrile
4. Aldrin and Dieldrin
5. Antimony and compounds
6. Arsenic and compounds
7. Asbestos
8. Benzene
9. Benzidine
10. Beryllium and compounds
11. Cadmium and compounds
12. Carbon tetrachloride
13. Chlorodane (technical mixture and metabolites)
14. Chlorinated benzenes except dichlorobenzenes
15. Chlorinated ethanes:
1,2-Dichloroethane
1,1,1-Trichloroethane
Hexachloroethane
16. Chloroalkyl ethers:
Chloromethyl ether
Chloroethyl ether
Mixed ethers
17. Chlorinated naphthalene
18. Chlorinated phenols:
Trichlorophenols
Chlorinated cresols
19. Chloroform
20. 2-Chlorophenol
21. Chromium and compounds
22. Copper and compounds
23. Cyanides
24. DDT and metabolites
25. Dichlorobenzenes:
1,2-Dichlorobenzene
1,3-Dichlorobenzene
1,4-Dichlorobenzene
26. Dichlorobenzidine
27. Dichloroethylenes:
1,1-Dichloroethylene
1,2-Dichloroethylene
28. 2,4-Dichlorophenol
29. Dichloropropane and Dichloropropene
30. 2,4-Dimethylphenol
31. Dinitrotoluene
32. Diphenylhydrazine
33. Endosulfan and metabolites
34. Endrin and metabolites
35. Ethylbenzene
36. Fluoranthene
37. Haloethers:
Chlorophenylphenyl ethers
Bromophenylphenyl ether
Bis (chloroethoxy) methane
Polychlorinated dephenyl ethers
38. Halomethanes:
Methylene chloride
Methylchloride
Methylbromide
Bromoform
Dichlorobromomethane
Trichlorofluoromethane
Dichlorodifluoromethane
39. Heptachlor and metabolines
40. Hexachlorobutadiene
41. Hexachlorocyclohexane
42. Hexachlorocyclopentadiene
43. Isophorone
44. Lead and compounds
45. Mercury and compounds
46. Naphthalene
47. Nickel and compounds
48. Nitrobenzene
49. Nitrophenols:
2,4-Dinitrophenol
Dinitrocresol
50. Nitrosamines
51. Pentachlorophenol
52. Phenol
53. Phthalate ester
54. Polychlorinated biphenyls (PCBs)
55. Polynuclear aromatic hydrocarbons:
Benzanthracenes
Benzopyrenes
Benzofluoranthene
Chrysenes
Dibenzathracenes
Indenopyrenes
56. Selenium and compounds
57. Silver and compounts
58. 2,3,7,8-Tetrachloro-dibenzo-p-dioxin (TCDD)
59. Tetrachloroethylene
60. Thallium and compounds
61. Toluene
62. Toxaphene
63. Trichloroethylene
64. Vinyl chloride
65. Zinc and compounds
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 › Appendix B

Current through Register Vol. XLI, No. 28, July 12, 2024
Other Toxic Pollutants
(Metals, Cyanide, and Total Phenols)
1. Total Antimony
2. Total Arsenic
3. Total Beryllium
4. Total Cadmium
5. Total Chromium
6. Total Copper
7. Total Lead
8. Total Mercury
9. Total Nickel
10. Total Selenium
11. Total Silver
12. Total Thallium
13. Total Zinc
14. Total Cyanide
15. Total Phenols
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 › Appendix C

Current through Register Vol. XLI, No. 28, July 12, 2024
Organic Toxic Pollutants
- Volatiles -
1V. Acrolein
2V. Acrylonitrile
3V. Benzene
5V. Bromoform
6V. Carbon tetrachloride
7V. Chlorobenzene
8V. Chlorodibromomethane
9V. Chloroethane
10V. 2-Chloroethylvinyl ether
11V. Chloroform
12V. Dichlorobromomethane
14V. 1,1-Dichloroethane
15V. 1,2-Dichloroethane
16V. 1,1-Dichloroethylene
17V. 1,2-Dichloropropane
18V. 1,3-Dichloropropylene
19V. Ethylbenzene
20V. Methyl bromide
21V. Methyl chloride
22V. Methylene chloride
23V. 1,1,2-Tetrachloroethane
24V. Tetrachloroethylene
25V. Toluene
26V. 1,2-Trans-dichloroethylene
27V. 1,1,1-Trichloroethane
28V. 1,1,2-Trichloroethane
29V. Trichloroethylene
31V. Vinyl chloride
Organic Toxic Pollutants
- Acids -
1A. 2-Chlorophenol
2A. 2,4-Dichlorophenol
3A. 2,4-Dimethylphenol
4A. 4,6-Dinitro-o-cresol
5A. 2,4-Dinitrophenol
6A. 2-Nitrophenol
7A. 4-Nitrophenol
8A. p-Chloro-m-cresol
9A. Pentachlorophenol
10A. Phenol
11A. 2,4,6-Trichlorophenol
Organic Toxic Pollutants
- Pesticides -
1P. Aldrin
2P. alpha-BHC
3P. beta-BHC
4P. gamma-BHC
5P. delta-BHC
6P. Chlordane
7P. 4,4'-DDT
8P. 4,4'-DDE
9P. 4,4'-DDD
10P. Dieldrin
11P. alpha-Endosulfan
12P. beta-Endosulfan
13P. Endosulfan sulfate
14P. Endrin
15P. Endrin aldehyde
16P. Heptachlor
17P. Heptachlor epoxide
18P. PCB-1242
19P. PCB-1254
20P. PCB-1221
21P. PCB-1232
22P. PCB-1248
23P. PCB-1260
24P. PCB-1016
25P. Toxaphene
Organic Toxic Pollutants
- Bases/Neutral -
1B. Acenaphthene
2B. Acenaphythylene
3B. Anthracene
4B. Benzidine
5B. Benzo
(a)
anthracene
6B. Benzo
(a)
pyrene
7B. 3,4-Benzofluoranthene
8B. Benzo
(ghi)
perylene
9B. Benzo
(k)
fluoranthene
10B. Bis(2-chloroethoxy)methane
11B. Bis(2-chloroethyl)ether
12B. Bis(2-chloroisopropyl)ether
13B. Bis(2-ethylhexyl)phthalate
14B. 4-Bromophenyl phenyl ether
15B. Butylbenzyl phthalate
16B. 2-Chloronphthalene
17B. 4-Chlorophenyl phenyl ether
18B. Chrysene
19B. Dibenzo
(a,h)
anthracene
20B. 1,2-Dichlorobenzene
21B. 1,3-Dichlorobenzene
22B. 1,4-Dichlorobenzene
23B. 3,3'-Dichlorobenzidine
24B. Diethyl phthalate
25B. Dimethyl phthalate
26B. Di-n-butyl phthalate
27B. 2,4-Dinitrotoluene
28B. 2,6-Dinitrotoluene
29B. Di-n-octyl phthalate
30B. 1,2-Diphenylhydrazine (as azobenzene)
31B. Fluoranthene
32B. Fluorene
33B. Hexachlorobenzene
34B. Hexachlorobutadiene
35B. Hexachlorocyclopentadiene
36B. Hexachloroethane
37B. Indeno(1,2,3-
cd
)pyrene
38B. Isophorone
39B. Naphthalene
40B. Nitrobenzene
41B.
N
-nitrosodimethylamine
42B.
N
-nitrosid-n-propylamine
43B.
N
-nitrosodiphenylamine
44B. Phenanthrene
45B. Pyrene
46B. 1,2,4-Trichlorobenzene
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 › Appendix D

Current through Register Vol. XLI, No. 28, July 12, 2024
Conventional and Nonconventional Pollutants
				  Required
to be Tested by Existing Dischargers
if Expected to be Present
Bromide
Total Residual Chlorine
Color
Fecal Coliform
Fluoride
Nitrate-Nitrite
Total Organic Nitrogen
Oil and Grease
Total Phosphorus
Radioactivity
Sulfate
Sulfide
Sulfite
Surfactants
Total Aluminum
Total Barium
Total Boron
Total Cobalt
Total Iron
Total magnesium
Total Molydenum
Total Manganese
Total Tin
Total Titanium
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 › Appendix E

Current through Register Vol. XLI, No. 28, July 12, 2024
Toxic Pollutants and Hazardous Substances
				  Required
to be Identified by Existing Dischargers
if Expected to be Present
Acetaldehyde
Allyl alcohol
Allyl chloride
Amyl acetate
Aniline
Asbestos
Benzonitrile
Benzl chloride
Butyl acetate
Butylamine
Captan
Carbaryl
Carbofuran
Carbon disulfide
Chlorpyrifos
Coumaphos
Cresol
Crotonaldehyde
Cyclohexane
2,3-Dichlorophenoxyacetic acid (2,4-D)
Diazinon
Dicamba
Dichlobenil
Diclone
2,2-Dichloropropionic acid
Dichlorvos
Diethyl amine
Dimethyl amine
Dinitrobenzene
Diquat
Disulfoton
Diuron
Epichlorohydrin
Ethion
Ethylene Diamine
Ethylene dibromide
Formaldehyde
Furfural
Guthion
Isoprene
Isopropanolamine dodecylbenzenesulfonate
Kelthane
Kepone
Malthion
Mercaptodimethur
Methoxychlor
Methyl mercaptan
Methyl methacrylate
Methyl parathion
Mevinphos
Mexacarbate
Monoethyl amine
Monomethyl amine
Naled
Naththenic acid
Nitrotoluene
Parathion
Phenolsulfanate
Phosgene
Propargite
Propylene oxide
Pyrethrins
Quinoline
Resorcinol
Strontium
Strychnine
Styrene
2,4,5-Trichlorophenoxyacetic acid (2,4,5-T)
Tetrachlorodiphenylethane
2,4,5-Trichlorophenoxy propanoic acid (2,4,5-TP)
Trichlorogon
Triethanolamine dodecylbenzenesulfonate
Triethylamine
Trimethylamine
Uranium
Vanadium
Vinyl acetate
Xylene
Xylenol
Zirconium
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 47-30A - WV/NPDES Coal And Quarry Mining Forms › Section 47-30A-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule is for the purpose of filing all forms required by WV Code §
									22-11-4.
1.2. Authority. -- WV Code §
									22-1-3
				and
				22-11-4(14).
1.3. Filing Date. -- February 17,
				1998
1.4. Effective Date. -- March
				19, 1998.
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 47-30A - WV/NPDES Coal And Quarry Mining Forms › Section 47-30A-2 - Forms

Current through Register Vol. XLI, No. 28, July 12, 2024
All current forms and copies of any forms currently used
				  under or required by WV Code §22-11 for coal and quarry operations are
				  included with this series.
Click Here To
				  View Image
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 47-30B - Administrative Proceedings and Civil Penatly Assessment › Section 47-30B-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. - This
				rule establishes a procedure for the resolution of enforcement actions and the
				assessment of civil penalties in lieu of the institution of a civil action as
				provided in W. Va. Code § 22-11-22a(a).
1.2. Authority. - W. Va. Code §
				22-11-22a(b) and (d).
1.3. Filing
				Date. - February 28, 2022
1.4.
				Effective Date. - February 28, 2022
1.5. Nothing in this rule shall be construed
				as limiting or altering the authority of the Secretary to enforce the
				provisions of the West Virginia Water Pollution Control Act ("the Act"), W. Va.
				Code § 2211-1, et seq. This enforcement provision is in addition to any
				and all other enforcement provisions set forth in the Act.