West Virginia Code of State Rules › Agency 46 - Coal Mine Health And Safety › Title 46 - PROCEDURAL RULE ENVIRONMENTAL QUALITY BOARD › Series 46-07 - Procedural Rules Governing Reclassification Of Waters Designated For Public Water Supply › Section 46-7-4 - Application Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. A party
				seeking removal of the public water supply designated use from a water of the
				state or segment thereof may file an application with the Board at the
				following address: West Virginia Environmental Quality Board, 1615 Washington
				Street East, Suite 301, Charleston, West Virginia 25311-2126. The application
				shall include all of the following information:
4.1.a. The name, alphanumeric code, and
				length of the affected stream, and a U.S.G.S. 7.5 minute map showing the stream
				or portion of the stream from which the public water supply designated use is
				requested to be removed. Where an applicant is a NPDES permit holder or NPDES
				permit applicant, the applicant's existing and/or proposed discharge points
				should be noted on the submitted map;
4.1.b. A description of the activity proposed
				which is the basis for the request for the designated use removal, including an
				explanation of the specific circumstances in the stream and/or in the
				applicant's discharge or other discharges which support the removal of the
				public water supply designated use for the entire segment. This explanation
				shall include identification of the pollutants being discharged or proposed to
				be discharged which have effluent limits based on the public water supply
				designated use, and current data on the instream concentrations of those
				pollutants;
4.1.c. Existing water
				quality data for the stream or stream segment, including an aquatic life
				assessment. Where adequate data are unavailable, additional studies may be
				required by the Board;
4.1.d.
				Description of general land uses (e.g. mining, agricultural, recreation,
				residential, commercial, industrial, etc.) as well as specific land uses
				adjacent to the water for the length of the segment proposed to be
				removed;
4.1.e. All existing uses
				(as defined in 46 CSR 1 §2.11) and designated uses (as defined in 46 CSR 1
				§2.8) of the receiving waters into which the segment in question
				discharges and the location where those downstream uses begin to
				occur;
4.1.f. Description of the
				general physical characteristics of the stream segment, including, but not
				limited to, width, depth, bottom composition, and slope;
4.1.g. The average flow rate in the segment
				and a statement regarding whether the flow of the stream is ephemeral,
				intermittent or perennial; and
4.1.h. Demonstration that the water from
				which the public water supply designated use is proposed to be removed is not
				used as a source of drinking water. This demonstration shall include
				documentation of the following:
4.1.h.1.
				Contact with the West Virginia Bureau for Public Health and the County Health
				Department in the county where the action is contemplated to determine the
				existence/location of public drinking water intakes in the stream or segment
				subject to the application and to gather other relevant information about the
				receiving stream; and
4.1.h.2. The
				results of a physical survey of the stream, or portion thereof, from which the
				public water supply designated use is proposed to be removed, to determine the
				existence of drinking water intake pipes and other evidence of use of the
				stream as a source of drinking water. Where homes/domiciles occur adjacent to
				the affected portion of the stream, contact with the residents to determine the
				source of their drinking water should be attempted, and such information should
				be included in the application;
4.1.h.3. A determination regarding the
				potential for the water to be used as a public water supply in the future;
				and
4.1.h.4. Results of research to
				determine the presence or absence of drinking water wells in the vicinity of
				the stream or stream segment from which the public water supply designated use
				is proposed to be removed. If drinking water wells are found in the vicinity,
				the applicant shall make a determination of the potential for a hydrogeologic
				connection between the wells and the surface water in question.
4.1.i. A demonstration that
				attaining the public water supply designated use is not feasible because of one
				or more of the factors outlined in §5.1.c herein.
4.1.i.1. If the applicant relies on
				§5.1.c.1, herein, to establish that attaining the public water supply
				designated use is not feasible, the applicant shall provide an analysis to
				support the position that substantial and widespread adverse economic and
				social impact is anticipated from the application of the effluent limits
				described in that section. The applicant is encouraged to use the US
				Environmental Protection Agency's ("USEPA") "Interim Economic Guidance Document
				for Water Quality Standards" (EPA-823-B-95-002, March 1995) in preparing such
				analysis.
4.1.j.
				Information sufficient to ensure that upon removal of the public water supply
				designated use from the water or segment thereof, the applicable water quality
				standards will provide for the attainment and maintenance of the water quality
				standards of the downstream waters.