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 46-2-7 - 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 Section 6.3.i and
				paragraph 7.9 of this section.
7.2.
				Production-based limitations:
a. In the case
				of sewage facilities, permit limitations, standards, or prohibitions shall be
				calculated based on design flow.
1. Except in
				the case of sewage facilities, or as provided in paragraph 7.2.b.2 of this
				section, calculation of any permit limitations, standards, or prohibitions
				which 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.
2.
i. Where
				production-based limitations, standards or prohibitions apply, the Chief may
				include a condition establishing alternate permit limitations, standards, or
				prohibitions based upon anticipated increased (not to exceed maximum production
				capability) or decreased production levels.
ii. If the Chief establishes permit
				conditions under paragraph 7.2.b.2.i of this section:
A. The permit shall require the permittee to
				notify the Chief at least two business days prior to a 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
				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.
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 Chief under paragraph 7.2.b.2.ii.A of this section, 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.
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.