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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 47-10 - National Pollutant Discharge System (NPDES) Program › Section 47-10-14 - Pretreatment Program

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1. All
				indirect dischargers and POTWs shall comply with the requirements of the Clean
				Water Act and the regulations at 40 C.F.R. '403 promulgated thereunder.
14.1.a. Prohibited discharges. -- Pollutants
				introduced into POTWs by indirect dischargers shall not cause pass-through or
				interference. These general prohibitions apply to all indirect dischargers. The
				following pollutants may not be introduced into a POTW:
14.1.a.1. Pollutants that create a fire or
				explosion hazard in the POTW, including but not limited to waste streams with a
				closed cup flashpoint of less than one hundred forty degrees (140°)
				Fahrenheit or sixty degrees (60°) Centigrade using the test methods
				specified in 40 C.F.R. '261.21;
14.1.a.2. Pollutants that cause corrosive
				structural damage to the POTW, and in no case discharges with pH lower than
				5.0, unless the works is specifically designed to accommodate such
				discharges;
14.1.a.3. Solid or
				viscous pollutants in amounts that will cause obstruction to the flow in sewers
				or other interference with the operation of the POTW;
14.1.a.4. Any pollutant, including
				oxygen-demanding pollutants (BOD, etc.) released in a discharge of such volume
				or strength that, singly or by interaction with other pollutants, would cause
				interference in the POTW;
14.1.a.5.
				Heat in amounts that will inhibit biological activity in the POTW resulting in
				interference, but in no case heat in such quantities that the temperature at
				the treatment works influent exceeds one hundred four degrees (104°)
				Fahrenheit or forty degrees (40°) Centigrade, unless the works is designed
				to accommodate such heat;
14.1.a.6.
				Petroleum oil, non-biodegradable cutting oil or products of mineral oil origin
				in amounts that will cause interference or pass-through;
14.1.a.7. A daily pollutant loading in excess
				of that allowed by the individual control mechanism with the POTW or by
				Federal, State, or local law;
14.1.a.8. Pollutants that result in the
				presence of toxic gases, vapors or fumes within the POTW in a quantity that may
				cause acute worker health and safety problems;
14.1.a.9. Any trucked or hauled pollutants,
				except at discharge points designated by the POTW.
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 47-10-15 - Federal Effluent Limitations Guidelines and Standards Incorporation

Current through Register Vol. XLI, No. 28, July 12, 2024
15.1. The
				provisions of 40 C.F.R. Chapter 1, Subchapter N, Parts 400-471 are hereby
				incorporated by reference.
15.2.
				(Reserved.)
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 47-10-16 - Enforcement

Current through Register Vol. XLI, No. 28, July 12, 2024
16.1. General. --
				The provisions of this series may be enforced by all of the applicable
				provisions of the State Act, including:
16.1.a. Orders issued by the Director in
				accordance with W. Va. Code '' 22-11-11, 22-11-12, 22-11-15, and
				22-11-19;
16.1.b. Civil penalties
				and injunctive relief in accordance with W. Va. Code '22-11-22;
				and
16.1.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 47-10 - National Pollutant Discharge System (NPDES) Program › Section 47-10-17 - Conflict of Interest

Current through Register Vol. XLI, No. 28, July 12, 2024
17.1.
				Members of the Environmental Quality Board shall be bound by the conflict of
				interest requirements contained in W. Va. Code '22B-1-11.
17.2. The Director shall not be a person who
				receives, or has during the previous two (2) years received, a significant
				portion of his or her income directly or indirectly from permit holders or
				applicants for a permit.
17.2.a. For the
				purposes of this section:
17.2.a.1.
				"Significant portion of income" means ten percent (10%) or more of gross
				personal income for a calendar year, 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.
17.2.a.2.
				"Permit holders or applicants for a permit" does not include any department or
				agency of the State.
17.2.a.3.
				"Income" includes retirement benefits, consultant fees, and stock
				dividends.
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 47-10-18 - Conflicting Provisions

Current through Register Vol. XLI, No. 28, July 12, 2024
In the event of any inconsistency or conflict between any
				  provision of this rule and any provisions of 47CSR11, the provisions of this
				  rule shall control.
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 › Appendix A - NPDES Primary Industry Categories

Current through Register Vol. XLI, No. 28, July 12, 2024
Industry Category
Adhesives and Sealants
Aluminum Forming
Auto and Other Laundries
Battery Manufacturing
Coal Mining
Coil Coating
Copper Forming
Electrical and Electronic Components
Electroplating
Explosives Manufacturing
Foundries
Gum and Wood Chemicals
Inorganic Chemicals Manufacturing
Iron and Steel Manufacturing
Leather Tanning and Finishing
Mechanical Products Manufacturing
Nonferrous Metals Manufacturing
Ore Mining
Organic Chemicals Manufacturing
Paint and Ink Formulation
Pesticides
Petroleum Refining
Pharmaceutical Preparations
Photographic Equipment and Supplies
Plastics Processing
Plastic and Synthetic Materials Manufacturing
Porcelain Enameling
Printing and Publishing
Pulp and Paper Mills
Rubber Processing
Soap and Detergent Manufacturing
Steam Electric Power Plants
Textile Mills
Timber Products Processing
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 › Appendix B - Criteria for Determining a Concentrated Aquatic Animal Production Facility

Current through Register Vol. XLI, No. 28, July 12, 2024
A hatchery, fish farm, or other facility is a concentrated
				  aquatic animal production facility for purposes of section 13.2 if it contains,
				  grows, or holds aquatic animals in either of the following categories:
(a) Cold water fish species or other cold water aquatic
				  animals in ponds, raceways or other similar structures that discharge at least
				  thirty (30) days per year, but not including:
(1) Facilities that produce less than nine thousand ninety
				  (9,090) harvest weight kilograms (approximately twenty thousand (20,000)
				  pounds) of aquatic animals per year; and
(2) Facilities that feed less than two thousand two hundred
				  seventy-two (2,272) kilograms (approximately five thousand (5,000) pounds) of
				  food during the calendar month of maximum feeding.
(b) Warm water fish species or other warm water aquatic
				  animals in ponds, raceways or other similar structures that discharge at least
				  thirty (30) days per year, but not including:
(1) Closed ponds that discharge only during periods of excess
				  runoff; or
(2) Facilities that produce less than forty-five thousand
				  four hundred fifty-four (45,454) harvest weight kilograms (approximately one
				  hundred thousand (100,000) pounds) of aquatic animals per year.
"Cold water aquatic animals" include, but are not limited to,
				  the Ameiuride, Centrarachidae and Cyprinidae families of fish
				  (
e.g.,
respectively, catfish, sunfish and
				  minnows).
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 › Appendix C - Permit Testing Requirements

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 47-11 - Special Rules › Section 47-11-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --
				These rules establish requirements governing pollution control measures which
				are considered special situations that are not generally covered in the
				Environmental Quality Board's legislative rule, 46CSR1, and the Office of Water
				Resources legislative rule, 47CSR10.
1.2. Authority. -- W. Va. Code '22-11 et
				seq.
1.3. Filing Date. -- June 30,
				1987.
1.4. Effective Date. -- July
				1, 1987.
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 47-11 - Special Rules › Section 47-11-2 - Reporting spills and accidental discharges

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. It is recognized that spill and
				accidental discharges of sewage, industrial wastes and other wastes are
				contrary to the language and intent of the State Law and Federal Law and that
				these spills and accidental discharges may occur from time to time,
				notwithstanding efforts to prevent them.
2.2. It is further recognized that such
				spills and discharges are likely to have adverse effects upon the quality of
				the waters of the state impairing existing and future uses of those waters. The
				Environmental Quality Board hereby declares it mandatory that, in order to
				minimize the adverse effects which the above described occurrences may have
				upon users of waters of the state, the following procedures shall be followed:
2.2.a. Each and every person who may cause or
				be responsible for any spill or accidental discharges of pollutants into the
				waters of the state shall give immediate notification to the Office of Water
				Resources' Emergency Notification Number 1-800-642-3074.
2.2.b. Such notification shall set forth
				insofar as possible and as soon thereafter as practical the time and place of
				such spill or discharge, type or types and quantity or quantities of the
				material or materials therein, action or actions taken to stop such spill or
				discharge and to minimize the polluting effect thereof, the measures or
				measures taken or to be taken in order to prevent a recurrence of any such
				spill or discharge and such additional information as may be requested by the .
				Office of Water Resources. A written verification of such notification shall be
				submitted upon request of the . Office of Water Resources.
2.2.c. It shall be the responsibility of each
				industrial establishment or other entity discharging directly to a person to
				have available the following information pertaining to those substances that
				are employed or handled in its operation in sufficiently large amounts as to
				constitute a hazard in case of an accidental spill and discharge into a public
				stream.
2.2.c.1. Potential toxicity in water
				to man, animals and aquatic life;
2.2.c.2. Details on analytical procedures for
				the quantitative estimation of such substances in water; and
2.2.c.3. Suggestions on safeguards or other
				precautionary measures to nullify the toxic effects of a substance once it has
				gotten into a stream.
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 47-11 - Special Rules › Section 47-11-3 - Coin-operated and other commercial laundries

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The increasing appearance of coin
				operated and other commercial laundries particularly, in unsewered areas, has
				led to a variety of wastewater treatment problems. In order to establish
				minimum requirements governing construction of such wastewater handing facility
				and in accordance with W. Va. Code 22-11 et seq, the following legislative
				rules are established.
3.2.
				Coin-operated laundries and other commercial laundries located with in the
				corporate limits of a West Virginia municipality, town or within the boundaries
				of a public service district, or sanitary district or a privately owned
				installation having an approved sewage treatment facility shall divert
				wastewater to these systems for treatment.
3.2.a. Laundry discharging directly to a
				sewer. - A laundry without pretreatment of the wastewater connected to a sewer
				requires adherence to local plumbing codes and to any special regulations
				regarding acceptance of waste at the sewage treatment plant.
3.2.b. Laundry with pretreatment and
				discharge directly to sewer. - The laundry shall provide equipment for removal
				of lint from the waste.
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 47-11 - Special Rules › Section 47-11-4 - Coin operated and other fee generating car washing establishments

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The following
				minimum requirements are established for coin operated and other fee generating
				car washing establishments.
4.2.
				Any coin operated and other fee generating car washing establishment located
				such a publicly owned treatment works and sewerage system is available to
				handle and treat such wastewater shall direct its wastewater to the publicly
				owned treatment works. A coin operated or other fee generating car washing
				establishment so situated need not install a pretreatment system unless the
				POTW certifies to the establishment that it could not handle and treat the
				establishment's wastewater without minimum pretreatment as set forth in
				subdivision 4.2.b.
4.2.a. A car wash
				discharging to a POTW without pretreatment of the wastewater must adhere to
				local plumbing codes and to any special local ordinances or regulations
				regarding acceptance of waste at the sewage treatment plant.
4.2.b. A car wash pretreatment system at a
				minimum shall consist of a device to prevent large objects from entering the
				sewer lines and a settling tank to remove settleable solids and shall comply
				with the applicable requirements of the local sewer use ordinances or
				regulations including the pretreatment requirements of section 14 (NPDES Series
				10 rules) where applicable.
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 47-11 - Special Rules › Section 47-11-5 - Water purification wastewater control measure

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Waste disposal. - Provision must be made
				for proper disposal of wastes from water treatment plants. Such wastes include
				but are not limited to those emanating from sanitary facilities, laboratories,
				clarification facilities, softening facilities and filter backwash. Discharges
				shall be governed by W. Va. Code 22-11 and the following rules:
5.1.a. The following means of waste and
				sludge disposal be considered:
5.1.a.1. Lagoon
				design must provide the following:
5.1.a.1.A.
				Location above the twenty-five (25) year flood level;
5.1.a.1.B. Dikes, deflecting gutters or other
				means of diverting surface water when necessary;
5.1.a.1.C. A minimum depth of four (4) to
				five (5) feet;
5.1.a.1.D. Multiple
				cell, except where filter backwash frequency is less than once a day in which
				case a single cell may be used;
5.1.a.1.E. Adjustable decanting devices;
				and
5.1.a.1.F. Convenient
				cleaning.
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 47-11 - Special Rules › Section 47-11-7 - Small wastewater treatment plants

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. For the purpose of this section, these
				rules pertain to sewage treatment plants of forty thousand (40,000) gallons per
				day capacity or less.
7.2.
				Operational reliability for such plants shall be provided in order that
				pollutants are not discharge during periods of power failure.
7.3. The wastewater treatment structure shall
				be protected against physical damage for the twenty-five (25) year flood level
				and operability be maintained during the ten (10) year flood level.
7.4. In the case of mine bathhouses, schools,
				shopping centers or other wastewater treatment facilities which surcharge the
				plant on a periodic basis, as opposed to generally constant flows, equalization
				facilities shall be provided. In cases where the organic loading is of low
				concentration, supplementation substances may be added, to obtain adequate
				treatment.
7.5. No construction,
				installation, modification or operation of a wastewater disposal system
				(treatment plant, sewers, lift stations and appurtenances) Shall be performed
				until a Water Pollution Control Permit has been issued for the
				facilities.
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 47-11 - Special Rules › Section 47-11-9 - Outlet markers

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. In
				accordance with the definitions provided in W. Va. Code '22-11, the following
				rules are established to identify outlets:
9.2. Each holder of a Water Pollution Control
				Permit shall post a permanent marker at the establishment under permit in
				accordance with the following:
9.2.a. A
				marker shall be posed on the stream bank at each outlet covered by the
				permit.
9.2.b. The marker shall
				consist of the name of the establishment to which the permit was issued, the
				permit number, and the outlet number.
9.2.c. The marker shall be a minimum of two
				(2) feet by two (2) feet and shall be a minimum of three (3) feet above ground
				level.
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 47-11A - Waste Loads › Section 47-11A-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule provides the agency's interpretation of the rights and privileges
				associated with waste load allocations using the provisions of 47CSR10 and
				47CSR11, National Pollutant Discharge Elimination System (NPDES) Program and
				Special Rules respectively. It is further the purpose of this rule to explain
				the procedures used in requesting and transferring a waste load determination
				and the length of time for which that determination is applicable.
1.2. Authority. -- W. Va. Code
'22-11-4(a)(14).
1.3. Filing Date. -- November 22,
				1996.
1.4. Effective Date. --
				December 23, 1996.
1.5. This is a
				new rule interpreting the provisions of 47CSR10, National Pollutant Discharge
				Elimination System (NPDES) Program and 47CSR11, Special Rules. This rule
				applies to current holders of wasteload allocations and all applicants for
				wasteload allocations.
1.6.
				Constitutional Takings Determination -- As a procedural rule, the director has
				determined that his rule will not result in taking of private property within
				the meaning of the Constitutions of West Virginia and the United States of
				America. The director further finds that his rule is consistent with the
				Declaration of Policy provided for in W. Va. Code '22-11-2.
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 47-11A - Waste Loads › Section 47-11A-2 - Definition

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Waste Load
				Allocation -- Means a calculation to determine a stream's capacity, which takes
				into consideration a margin of safety, to assimilate a potential discharge
				within the immediate receiving watershed. This allocation is used by the
				applicant to plan and complete wastewater treatment works design in preparing
				to make application for an NPDES permit, and is used by the office of water
				resources in developing permit effluent limits.
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 47-11A - Waste Loads › Section 47-11A-3 - Interpretation of the Waste Load Allocation Concept

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The Special Rule, 47CSR11 includes
				miscellaneous provisions related to the NPDES program. In particular, section 6
				of that rule contains provisions titled "Waste load allocations for sewage
				discharges." Subsection 6.1 of that rule clearly indicates that waste load
				allocations are provided only to assist in the planning of waste water
				treatment works while preparing a (NPDES)/Water Pollution Control Permit
				application. No where in the provisions of this subsection are any other rights
				provided the applicant other than as stated above. Furthermore, paragraph 3.4.b
				of 47CSR10, National Pollutant Discharge Elimination System (NPDES) Program,
				states that the issuance of a permit does not convey any property rights of any
				sort or any exclusive privilege.
3.2. Because an NPDES permit does not convey
				any special right or privilege, and that such permit can be revoked, suspended
				or modified; it is clear then that a calculation, such as the waste load
				allocation, used in planning the application for the permit can carry no
				greater right or privilege than the permit which finally results.
3.3. Accordingly then, a waste load
				allocation is no more than a calculation of the quantity of waste which can be
				discharged into a stream at a given location on a given date without violating
				the state's water quality standards provided for in 46CSR1, Requirements
				Governing Water Quality Standards. Further, the waste load allocation for a
				point on a stream could range from zero to the maximum allowable depending upon
				development/discharges, including nonpoint sources, industrial, mining and
				domestic discharges in the watershed. Waste load allocations then are not a
				right that runs with any particular piece of property.
3.4. The changing nature of a stream's
				ability to assimilate wastes, forces a wasteload allocation to be temporary. As
				a practical matter, a potential applicant for an NPDES Permit needs to know the
				discharge limitations to be imposed in the permit, so that an appropriate
				treatment facility can be designed.
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 47-11A - Waste Loads › Section 47-11A-5 - Transfer or Assignment of Wasteload Allocation

Current through Register Vol. XLI, No. 28, July 12, 2024
Once a wasteload allocation is granted to a potential permit
				  applicant, that allocation may be transferred or assigned with the written
				  approval of the Chief. Because wasteload allocations are granted with the
				  expectation that a complete WV/NPDES Permit application will be timely filed
				  with the Office of Water Resources, the approval of a transfer or assignment of
				  a wasteload allocation will not alter the time limitation of subsection 4.1 of
				  this rule for the filing of a complete WV/NPDES Permit application by the
				  proposed transferee. No approval of a transfer or assignment of a wasteload
				  allocation shall be granted by the Chief except on compliance by the proposed
				  transferee with all of the requirements of these regulations for the original
				  issuance thereof and upon forms provided by the Chief.
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 47-12 - Requirements Governing Groundwater Standards › Section 47-12-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- The
				purpose of this Legislative rule is to establish minimum standards of purity
				and quality for groundwater located within this State.
1.2. Authority. -- W. Va. Code §
									22-12-4.
1.3. Filing Date. -- June 16, 2011.
1.4. Effective Date. -- July 1,
				2011.
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 47-12 - Requirements Governing Groundwater Standards › Section 47-12-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
As used in this rule:
2.1. "Act" means the Groundwater Protection
				Act, W. Va. Code §
									22-12-1,
				et seq.
2.2. "Constituent" means
				any chemical or biological substance found in groundwater due to either natural
				or man-made conditions.
2.3.
				"Groundwater" means the water occurring in the zone of saturation beneath the
				seasonal high water table, or any perched water zones.
2.4. "Person" means any industrial user,
				public or private corporation, institution, association, firm or company
				organized or existing under the laws of this or any other state or country; the
				State of West Virginia and any of its political subdivisions, including any
				county commission or municipal corporation; any governmental agency, including
				federal facilities; industry; sanitary district; public service district; soil
				conservation district; watershed improvement district; partnership; trust;
				estate; person or individual; group of persons or individuals acting
				individually or as a group; or any legal entity whatever.
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 47-12 - Requirements Governing Groundwater Standards › Section 47-12-3 - Groundwater Standards

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Except
				as provided in subsections 3.2 and 3.3 below, the standards of purity and
				quality for groundwater in the state shall be the constituent concentrations
				found in Appendix A of this rule.
3.2. Concentration of a constituent in excess
				of otherwise applicable groundwater quality standards shall be governed as
				follows:
3.2.a. Where the concentration of a
				constituent exceeds an otherwise applicable groundwater quality standard as a
				result of natural conditions, the naturally occurring level of that constituent
				shall become the groundwater quality standard for the affected area.
3.2.b. Where the concentration of a certain
				constituent exceeds an otherwise applicable groundwater quality standard due to
				human-induced contamination, no further contamination by that constituent shall
				be allowed and every reasonable effort shall be made to identify, remove or
				mitigate the source of such contamination and to strive, where practical, to
				reduce the level of contamination over time to support drinking water
				use.
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 47-12 - Requirements Governing Groundwater Standards › Section 47-12-4 - Hazardous Waste Treatment, Storage or Disposal Facilities

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Nothing in
				this rule prohibits the Division of Water and Waste Management, acting in
				accordance with federal regulations, from using criteria other than the
				standards specified in this rule for purposes of determining the need for
				corrective action at hazardous waste treatment, storage or disposal facilities,
				as provided in 40 C.F.R. Parts 264 and 265, Subpart F.
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 47-12 - Requirements Governing Groundwater Standards › Appendix A

Current through Register Vol. XLI, No. 28, July 12, 2024
Organic
				  Compounds
Constituent
Limit (mg/L)
(except where noted)
Alachlor
0.002
Aldicarb
0.003
Aldicarb sulfone
0.002
Aldicarb sulfoxide
0.004
Atrazine
0.003
Benzene
0.005
Benzo (a) pyrene (PAH)
0.0002
Bromodichloromethane (THM)1
0.08
Bromoform (THM)1
0.08
Carbofuran
0.04
Carbon tetrachloride
0.005
Chlordane
0.002
Chloroform (THM)1
0.08
2, 4-D
0.07
Dalapon
0.2
Di(2-ethylhexyl)adipate
0.4
Di(2-ethylhexyl)phthalate
0.006
Dibromochloromethane (THM)1
0.08
Dibromochloropropane (DBCP)
0.0002
Dichloroacetic acid
0.06
Dichlorobenzene p-
0.075
Dichlorobenzene o-
0.6
Dichlorobenzene m-
0.6
Dichloroethane (1, 2)
0.005
Dichloroethylene (1, 1-)
0.007
Dichloroethylene (cis-1, 2-)
0.07
Dichloroethylene (trans-1, 2-)
0.1
Dichloromethane
0.005
Dichloropropane (1, 2-)
0.005
Dinoseb
0.007
Diquat
0.02
Endothall
0.1
Endrin
0.002
Ethylbenzene
0.7
Ethylene dibromide (EDB)
0.00005
Glyphosate
0.7
Heptachlor
0.0004
Heptachlor epoxide
0.0002
Hexachlorobenzene
0.001
Hexachlorocyclopentadiene
0.05
Lindane
0.0002
Methoxychlor
0.04
Monochloroacetic acid2
0.06
Monochlorobenzene
0.1
Oxamyl (Vydate)
0.2
Pentachlorophenol
0.001
Picloram
0.5
Polychlorinated biphenyls
0.0005
Simazine
0.004
Styrene
0.1
2, 3, 7, 8-TCDD (Dioxin)
0.00000003
Tetrachlorethylene
0.005
Toluene
1.0
Toxaphene
0.003
2, 4, 5-TP (Silvex)
0.05
Trichloroacetic acid2
0.06
Trichlorobenzene (1, 2, 4-)
0.07
Trichloroethane (1, 1, 1-)
0.2
Trichloroethane (1, 1, 2-)
0.005
Trichloroethylene
0.005
Vinyl Chloride
0.002
Xylenes (Total)
10.0
Inorganic
				  Compounds
Constituent
Limit (mg/L)
(except where noted)
Arsenic
0.01
Asbestos
7 MFL3
Barium
2.0
Beryllium
0.004
Bromate
0.01
Cadmium
0.005
Chloramine
4.0
Chlorine
4.0
Chlorine dioxide
0.8
Chlorite
1.0
Chromium (Total)
0.1
Copper
1.3
Cyanide
0.2
Fluoride
4.0
Lead
0.015
Mercury (Inorganic)
0.002
Nitrate (as N)
10.0
Nitrite (as N)
1.0
Total Nitrate and Nitrite (both as N)
10.0
Selenium
0.05
Thallium
0.002
Radionuclides
Beta particle and photon activity
4 mrem4
Gross alpha particle activity
15 pCi/L5
Combined Radium 226 and 228
5 pCi/L
Uranium
30 [MICRO]g/L6
1 - The total of the trihalomethanes (THM) is 0.08
				  mg/L
2 - The total of the haloacetic acides is 0.06 mg/L
3 - MFL = million fibers per liter
4 - mrem = millirem (rem = roentgen - equivalent -
				  man)
5 - pCi = picocurie
6 - [MICRO]g/L = microgram per liter
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 47-13-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
The definitions set forth in W. Va. Code §
									22-11-3 shall apply to this rule
				  along with the following definitions unless the context clearly indicates
				  otherwise:
2.1. "Abandoned well" means
				a well whose use has been permanently discontinued or which is in a state of
				disrepair such that it cannot be used for its intended purpose or for
				observation purposes.
2.2.
				"Acidizing" means the injection of acid through the borehole or "well" into a
				"formation" to increase permeability and porosity by dissolving the
				acid-soluble portion of the rock constituents.
2.3. "Application" means the State standard
				forms for applying for a permit or permit modification, including any
				additions, revisions or modifications to the forms.
2.4. "Aquifer" means a geological
				"formation", group of formations, or part of a formation that is capable of
				yielding a usable amount of water to a well or spring.
2.5. "Area of review" means the area
				surrounding an injection well described according to the criteria set forth in
				subsection 5.2, or in the case of an area permit, the project area plus a
				circumscribing area the width of which is either 1/4 of a mile or a number
				calculated according to the criteria set forth in subsection 5.3.
2.5.1. For Class 6 well types, "area of
				review" means the region surrounding the geologic sequestration project where
				underground sources of drinking water (USDWs) may be endangered by the
				injection activity. The area of review is delineated using computational
				modeling that accounts for the physical and chemical properties of all phases
				of the injected carbon dioxide stream and displaced fluids, and is based on
				available site characterization, monitoring, and operational data as set forth
				in section 5.4.
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 47-13-3 - Criteria for Exempted Aquifer Status

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. An aquifer or a portion thereof which
				meets the criteria for an "underground source of drinking water" in section 2
				may be determined to be an exempted aquifer if it meets the following criteria:
3.1.1. It does not currently serve as a
				source of drinking water; and
3.1.2. It cannot now and will not in the
				future serve as a source of drinking water because:
3.1.2.a. It is a mineral, hydrocarbon or
				geothermal energy producing, or can be demonstrated by a permit applicant as
				part of a permit application for a Class 2 or 3 operation to contain minerals
				or hydrocarbons that considering their quantity and location are expected to be
				commercially producible;
3.1.2.b.
				It is situated at a depth or location which makes recovery of water for
				drinking water purposes economically or technologically impractical;
3.1.2.c. It is so contaminated that it would
				be economically or technologically impractical to render the water fit for
				human consumption; or
3.1.2.d. It
				is located over a Class 3 well mining area subject to subsidence or
				catastrophic collapse; or
3.1.3. The Total Dissolved Solids content of
				the groundwater is more than 3,000 and less than 10,000 mg/1 and it is not
				reasonably expected to supply a public water system.
3.1.4. The areal extent of an aquifer
				exemption for a Class 2 EOR/EGR well may be expanded for the exclusive purpose
				of Class 6 injection for geologic sequestration if:
3.1.4.a. It is not currently a source of
				drinking water; and
3.1.4.b. Total
				dissolved solids content of the groundwater is 3,000 but <10,000 mg/1;
				and
3.1.4.c. It is not reasonably
				expected to supply a public water system.
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 47-13-4 - Classes of Wells

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Class 1.
4.1.1. Wells used by generators of hazardous
				waste or owners or operators of hazardous waste management facilities to inject
				hazardous waste beneath the lowermost formation containing, within 1/4 mile of
				the well bore, an underground source of drinking water.
4.1.2. Other industrial and municipal
				disposal wells which inject fluids beneath the lowermost formation containing,
				within 1/4 mile of the well bore, an underground source of drinking
				water.
4.1.3. It also includes
				wells not covered in Class 4 that inject radioactive material listed in 10 CFR
				Part 20, Appendix B, Table II, Column 2.
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 47-13-5 - Area of Review

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. The
				Director shall select the methods by which the area of review shall be
				established for each injection well or each field, project, or area of the
				State.
5.2. The area of review may
				be defined as either:
5.2.1. The zone of
				endangering influence as determined in accordance with subdivision 5.3.1;
				or
5.2.2. An area within a fixed
				radius around each injection well as determined in accordance with subdivision
				5.3.3.
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 47-13-6 - Corrective Action and Mechanical Integrity

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Corrective Action. In determining the
				adequacy of corrective action proposed by the applicant and in determining the
				additional steps needed to prevent fluid migration into underground sources of
				drinking water, the Director shall consider the following criteria and factors:
6.1.1. Nature and volume of injected
				fluid;
6.1.2. Nature of native
				fluids or by-products of injection;
6.1.3. Geology;
6.1.4. Hydrology;
6.1.5. History of the injection
				operation;
6.1.6. Completion and
				plugging reports;
6.1.7.
				Abandonment procedures in effect at the time the well was abandoned;
6.1.8. Hydraulic connections with the
				underground sources of drinking water; and
6.1.9. Potentially effected
				population.
6.1.10. Reliability of
				the procedures used to identify abandoned wells; and
6.1.11. Any other factors which might affect
				the movement of fluids into or between USDWs.
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 47-13-7 - Requirements for Wells Injecting Hazardous Waste

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Applicability. The rules in this section
				and section 8 apply to all generators of hazardous waste, and to the owners or
				operators of all hazardous waste management facilities, using any Class 1 well
				to inject hazardous waste accompanied by a manifest.
7.2. Authorization. The owner or operator of
				any Class 1 well that is used to inject hazardous wastes accompanied by a
				manifest or delivery document shall apply for authorization to inject within 6
				months of the effective date of this rule.
7.3. Requirements. In addition to requiring
				compliance with the applicable requirements of section 8, the Director shall,
				for each facility meeting the requirements of subsection 7.2 require that the
				owner or operator comply with the following:
7.3.1. Notification. The owner or operator
				shall comply with the notification requirements in the Hazardous Waste
				Management Rule, 33CSR20-4, (W. Va. Code §22-18).
7.3.2. Identification number. The owner or
				operator shall comply with the requirements in the Hazardous Waste Management
				Rule, 33CSR20-8. (W. Va. Code §22-18).
7.3.3. Manifest system. The owner or operator
				shall comply with the applicable record keeping and reporting requirements for
				manifested wastes in the Hazardous Waste Management Rules, 33CSR20-8. (W. Va.
				Code §22-18).
7.3.4. Manifest
				discrepancies. The owner or operator shall comply with the Hazardous Waste
				Management Rules, 33CSR20-8. (W. Va. Code §22-18).
7.3.5. Operating record. The owner or
				operator shall comply with the Hazardous Waste Management Rules, 33CSR20-8. (W.
				Va. Code §22-18).
7.3.6.
				Annual report. The owner or operator shall comply with the Hazardous Waste
				Management Rules, 33CSR20-8. (W. Va. Code §22-18).
7.3.7. Unmanifested waste report. The owner
				or operator shall comply with the Hazardous Waste Management Rules, 33CSR20-8.
				(W. Va. Code §22-18).
7.3.8.
				Personnel training. The owner or operator shall comply with the applicable
				personnel training requirements in the Hazardous Waste Management Rules,
				33CSR20-8. (W. Va. Code §22-18).
7.3.9. Certification of closure. When
				abandonment is completed, the owner or operator must submit to the Director
				certification by the owner or operator and certification by an independent
				registered professional engineer that the facility has been closed in
				accordance with the specifications in subsection 14.7.6. 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 47-13 - Underground Injection Control › Section 47-13-8 - Criteria and Standards Applicable to Class 1 Wells

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. General. This section sets forth
				requirements for underground injection control programs to regulate Class 1
				wells.
8.1.1. Existing well means a Class 1
				well which was authorized prior to August 25, 1988, or a well which has become
				a Class 1 well as a result of a change in the definition of the injected waste
				into a hazardous waste.
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 47-13-9 - Criteria and Standards Applicable to Class 2 Wells

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. General
9.1.1. The criteria and standards applicable
				to Class 2 wells shall be those which are required pursuant to W. Va. Code
				§§22-6
et seq
. and 22C-9-1
et seq
.
				and the rules thereunder, including W. Va. Code of State Rules §35-4, this
				rule, and any other requirements that the Director considers reasonably
				necessary to ensure that no pollution of USDWs occurs.
9.1.2. Owners and operators of Class 2 wells
				shall obtain permits in accordance with the requirements of this section and
				section 14 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 47-13 - Underground Injection Control › Section 47-13-10 - Criteria and Standards Applicable to Class 3 Wells

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. General. This section sets forth
				requirements for underground injection control programs to regulate Class 3
				wells.
10.2. Construction
				Requirements. The Director shall prescribe requirements for the construction of
				Class 3 injection wells. Existing wells shall achieve compliance with such
				requirements according to a specific compliance schedule established by the
				Director as a condition of the permit. New wells shall be in compliance with
				construction requirements before injection operations begin. The owner or
				operator of a proposed injection well shall submit plans for testing, drilling
				and construction to the Director and obtain the approval of the Director of the
				initial plans as a condition of the permit. The Director's approval of any
				modifications of the plans shall be obtained before incorporating them into the
				construction of the injection well. At a minimum, such requirements shall
				specify that:
10.2.1. All new Class 3 wells
				shall be cased and cemented to prevent the migration of fluids into or between
				underground sources of drinking water. The Director may waive the cementing
				requirements for new wells in existing projects or portions of existing
				projects where he has substantial evidence that no contamination of underground
				sources of drinking water would result. The casing and cement used in the
				construction of each newly drilled well shall be designed for the life
				expectancy of the well. In determining and specifying casing and cementing
				requirements, the Director shall consider the following factors:
10.2.1.a. Depth to the injection
				zone;
10.2.1.b. Injection pressure
				(external pressure, internal pressure, axial loading, etc.);
10.2.1.c. Hole size;
10.2.1.d. Size and grade of all casing
				strings (wall thickness, diameter, nominal weight, length, joint specification,
				construction material, etc.);
10.2.1.e. Corrosiveness of injected and
				formation fluids;
10.2.1.f.
				Lithology of possible injection and confining zones; and
10.2.1.g. Type and grade of cement.
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 47-13-11 - Criteria and Standards Applicable to Class 4 Wells

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. General.
11.1.1. This section sets forth criteria and
				standards for underground injection control programs to regulate wells,
				including non-residential septic system wells, used by generators of hazardous
				wastes or owners and operators of hazardous waste management facilities to
				inject into or above strata that contain an underground source of drinking
				water.
11.1.2. All new Class 4
				wells are prohibited.