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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 47-02 - Requirements Governing Water Quality Standards › Section 47-2-8 - Specific Water Quality Criteria

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Charts of specific water quality
				criteria are included in Appendix E, Table 1.
8.1.a. Specific state (i.e. total, total
				recoverable, dissolved, valence, etc.) of any parameter to be analyzed shall
				follow 40 CFR 136, Guidelines Establishing Test Procedures for Analysis of
				Pollutants Under the Clean Water Act, as amended, June 15, 1990 and May 18,
				2012, 47CSR10, and "National Pollutant Discharge Elimination System (NPDES)
				Program."
8.1.b. Compliance with
				aquatic life water quality criteria expressed as dissolved metal shall be
				determined based on dissolved metals concentrations.
8.1.b.1. The aquatic life criteria for all
				metals listed in Appendix E, Table 2 shall be converted to a dissolved
				concentration by multiplying each numerical value or criterion equation from
				Appendix E, Table 1 by the appropriate conversion factor (CF) from Appendix E,
				Table 2.
8.1.b.2. Permit limits
				based on dissolved metal water quality criteria shall be prepared in accordance
				with the U.S. EPA document "The Metals Translator: Guidance For Calculating A
				Total Recoverable Permit Limit From A Dissolved Criterion, EPA 823-B-96-007
				June 1996.
8.1.b.3. NPDES permit
				applicants may petition the secretary to develop a site-specific translator
				consistent with the provisions in this section. The secretary may, on a
				case-by-case basis, require an applicant applying for a translator to conduct
				appropriate sediment monitoring through SEM/AVS ratio, bioassay or other
				approved methods to evaluate effluent limits that prevent toxicity to aquatic
				life.
8.1.c. An "X" or
				numerical value in the use columns of Appendix E, Table 1 shall represent the
				applicable criteria.
8.1.d. Charts
				of water quality criteria in Appendix E, Table 1 shall be applied in accordance
				with major stream and use applications, sections 6 and 7, herein.
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 47-02 - Requirements Governing Water Quality Standards › Section 47-2-9 - Establishment Of Safe Concentration Values

Current through Register Vol. XLI, No. 28, July 12, 2024
When a specific water quality standard has not been
				  established by this rule and there is a discharge or proposed discharge into
				  waters of the State, the use of which has been designated a Category B1, B2, B3
				  or B4, such discharge may be regulated by the secretary where necessary to
				  protect State waters through establishment of a safe concentration value as
				  follows:
9.1. Establishment of a safe
				concentration value shall be based upon data obtained from relevant aquatic
				field studies, standard bioassay test data which exists in substantial
				available scientific literature, or data obtained from specific tests utilizing
				one (1) or more representative important species of aquatic life designated on
				a case-by-case basis by the secretary and conducted in a water environment
				which is equal to or closely approximates that of the natural quality of the
				receiving waters.
9.2. In those
				cases where it has been determined that there is insufficient available data to
				establish a safe concentration value for a pollutant, the safe concentration
				value shall be determined by applying the appropriate application factor as set
				forth below to the 96-hour LC 50 value. Except where the secretary determines,
				based upon substantial available scientific data, that an alternate application
				factor exists for a pollutant, the following appropriate application factors
				shall be used in the determination of safe concentration values:
9.2.a. Concentrations of pollutants or
				combinations of pollutants that are not persistent and not cumulative shall not
				exceed 0.10 (1/10) of the 96-hour LC 50.
9.2.b. Concentrations of pollutants or
				combinations of pollutants that are persistent or cumulative shall not exceed
				0.01 (1/100) of the 96-hour LC 50.
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 47-02 - Requirements Governing Water Quality Standards › Appendix A - CATEGORY B-2 - TROUT WATERS

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 47-02 - Requirements Governing Water Quality Standards › Appendix C - CATEGORY E-3 - POWER PRODUCTION

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 47-02 - Requirements Governing Water Quality Standards › Appendix D - CATEGORY C - WATER CONTACT RECREATION

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 47-02B - Assessment Methodology for the Biological Component of the Narrative Criteria in Wadeable Streams › Section 47-2B-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope - This
				procedural rule establishes the methodology for determining compliance with the
				biological component of narrative criteria set forth in the Legislative rule
				entitled "Requirements Governing Water Quality Standards" (47CSR2) for wadeable
				streams.
1.2. Authority. - W. Va.
				Code §
									22-11-7b(f)
1.3. Filing Date. -
1.4. Effective Date. -
1.5. Applicability - This rule applies to
				wadeable streams.
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 47-02B - Assessment Methodology for the Biological Component of the Narrative Criteria in Wadeable Streams › Section 47-2B-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
The definitions set forth in 47CSR2 apply to this rule along
				  with the following definitions, unless the context in which used clearly
				  requires a different meaning:
2.1.
				"Benthic Macroinvertebrates" are a group of aquatic organisms regularly used in
				biological monitoring programs. They are large enough to be seen with the naked
				eye (macro), have no backbone (invertebrates) and live on the bottom of
				streams, rivers, and lakes.
2.2.
				"Department" is the West Virginia Department of Environmental
				Protection.
2.3. "Index of Biotic
				Integrity" or "IBI" is a summary score that is comprised of several biological
				measures or metrics. A metric is a characteristic of the biological community
				that changes in a predictable way to environmental disturbance.
2.4. "Reference Samples" are samples
				collected at stream locations that the Department has determined to be least
				impacted by human disturbance.
2.5.
				"Secretary" means the Secretary of the West Virginia Department of
				Environmental Protection.
2.6.
				"Wadeable streams" are those streams or rivers from which a comparable benthic
				macroinvertebrate sample can be collected using wadeable protocols. Rivers that
				can only be sampled for benthic macroinvertebrates using "wadeable protocols"
				at a singular feature, such as a lock, isolated shoal, or isolated edge riffle,
				are not considered wadeable and attainment decisions should not be made using
				wadeable benthic macroinvertebrate protocols. An example of an isolated
				riffleis the Coal River at Tornado (lock), while an assessment can be performed
				to provide exploratory information about the benthos at this and similar
				locations, wadeable protocols should not be used by The Department to place
				these streams or rivers on the 303(d) list.
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 47-02B - Assessment Methodology for the Biological Component of the Narrative Criteria in Wadeable Streams › Section 47-2B-3 - Benthic Macroinvertebrate Assessment Methodology

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The Department will assess the
				biological integrity of wadeable streams using WVSCI (WV Stream Condition
				Index), an index of biotic integrity for benthic macroinvertebrates (Benthic
				IBI) developed for use in West Virginia's wadeable streams.
3.1.a. The Department will use appropriately
				collected and processed biological samples that meet quality assurance/quality
				control and comparability protocols set forth in the Department's Watershed
				Assessment Section's Standard Operating Procedures Manual.
3.1.b. The attainment threshold for the
				Benthic IBI is 72, which is based on the 5th percentile of reference samples.
				The impairment threshold is 61, which reflects the threshold at which the
				Department is confident an impairment is present.
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 47-03 - Pollution Prevention And Compliance Assistance Rule › Section 47-3-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope and
				Purpose. -- To promote pollution prevention by encouraging the reduction or
				elimination of pollutants at the source through process modification, material
				substitution, in process recycling, reduction of raw material use or other
				source reduction opportunities. This rule establishes requirements governing
				the Division of Environmental Protection's in-house mechanisms for encouraging
				bonafide pollution prevention efforts by industries to assist in achieving
				regulatory compliance; and to further improve compliance with environmental
				laws by improving advisory and technical assistance features of programs within
				the Division.
This rule establishes a multi-media program to assist
				  businesses with pollution reduction and elimination activities; providing
				  duties and powers of the director; and designating existing programs by the
				  Director within the Division of Environmental Protection engaged in bonafide
				  pollution prevention and compliance assistance activities to keep information
				  confidential and independent from enforcement or other division personnel
				  unless an imminent hazard to human health or the environment exists.
1.2. Authority. -- W. Va. Code
				''22-1-1(b)(10) and 22-1-6d.
1.3.
				Filing Date. -- May 7, 1999.
1.4.
				Effective Date. -- May 7, 1999.
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 47-03 - Pollution Prevention And Compliance Assistance Rule › Section 47-3-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Agency" means
				the Division of Environmental Protection.
2.2. "Compliance Assistance" means services
				provided to the regulated community in order to assure environmental laws and
				rules pertaining to treatment and proper disposal are being addressed by
				cooperating businesses.
2.3.
				"Director" means the Director of the Division of Environmental
				Protection.
2.4. "Imminent Hazard"
				means any conditions or practices that present an immediate threat to human
				health and an impending and unreasonable risk to the environment.
2.5. "Multi-media" means water, air, waste,
				and land.
2.6. "Pollution
				Prevention" is the means of the reduction or elimination of pollutants at the
				source through process modification, material substitution, in process
				recycling, reduction of raw material use, or other source reduction
				opportunities.
2.7. "Program"
				Pollution Prevention Services is designated as a program of the Division of
				Environmental Protection within the Office of Water Resources.
2.8. "Source Reduction" means any practice
				which reduces the amount of any substance, pollutant, or contaminant entering
				any waste stream or otherwise released into the environment (including fugitive
				emissions) prior to recycling, treatment, or disposal; and reduces the hazards
				to public health and the environment associated with the release of such
				substances, pollutants, or contaminants.
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 47-03 - Pollution Prevention And Compliance Assistance Rule › Section 47-3-3 - Powers and Limitations

Current through Register Vol. XLI, No. 28, July 12, 2024
The Director has established Pollution Prevention Services, a
				  program within the Office of Water Resources that provides pollution prevention
				  and compliance assistance to the regulated community within the state.
3.1. The multi-media section seeks to
				coordinate activities within the Offices of Air, Water, and Waste in matters
				relating to pollution prevention and compliance assistance.
3.2. Assistance does not protect
				participating businesses from ongoing enforcement actions or any independent
				action initiated after the assistance activities are underway. Assistance
				activities may be conducted concurrent to enforcement activities by enforcement
				agencies.
3.3. The agency makes
				specific technical assistance available to businesses seeking information about
				pollution prevention/compliance assistance opportunities, including on site
				technical information, for the purpose of assisting in the development of
				pollution prevention plans.
3.4.
				The program will target assistance to businesses for whom lack of information
				is an impediment to pollution prevention.
3.5. The program participants will receive
				training in pollution prevention techniques.
3.6. Pollution prevention activities shall be
				coordinated with other assistance providers, federal agencies, other states
				pollution prevention/compliance assistance providers, educational
				establishments, and any other organization engaged in providing pollution
				prevention resources.
3.7. Agency
				personnel function as the in­vitees of businesses seeking assistance.
				Participating businesses may terminate participation in this program at any
				time.
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 47-03 - Pollution Prevention And Compliance Assistance Rule › Section 47-3-4 - Confidentiality

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The agency
				will maintain all information from site evaluations, interviews or otherwise,
				obtained from facility personnel confidential and shall not provide information
				to enforcement personnel except for conditions which would result in an
				imminent hazard as defined in this rule.
4.2. Any information generated subsequent to
				field evaluations, correspondence, etc., may be retained in a temporary file
				which shall be given to the participating business upon request following
				completion of agency involvement.
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 47-03 - Pollution Prevention And Compliance Assistance Rule › Section 47-3-5 - Imminent Hazard

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. The agency
				shall notify the company of obligation on part of pollution prevention
				personnel to report imminent hazards. If imminent hazards are noted, the agency
				shall inform company of hazard, and the Pollution Prevention staff will
				immediately notify the Office of Environmental Enforcement to conduct an
				inspection. The Office of Environment Enforcement is the enforcement arm of the
				Office of Waste Management and the Office of Water Resources.
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 47-05A - Regulations for State Certification of Activities Requiring Federal Licenses and Permits › Section 47-5A-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- The
				purpose of this legislative rule is to carry out the responsibilities placed
				upon the State by Section 401 of the Federal Clean Water Act, 33 U.S.C.
				§1341 and W. Va. Code §§
									22-1-6(d)(7)
				and
				22-11-7(a).
				Section 401 of the Clean Water Act requires that any applicant for a federal
				license or permit to conduct an activity that will or may discharge into waters
				of the United States (as defined in the Clean Water Act) to present the federal
				authority with a certification from the appropriate state agency. This rule
				establishes the procedures and criteria for the application, processing and
				review of state water quality certifications that require a federal permit
				including those from the United States Army Corps of Engineers under Section
				404 of the Clean Water Act, 33 U.S.C. §1344; Section 10 of the Rivers and
				Harbors Act of 1899, 33 U.S.C. §403; and licenses issued by the Federal
				Energy Regulatory Commission under the Federal Power Act, 16 U.S.C. §1791
				et. seq.
1.2. Authority. -- W. Va.
				Code §§
									22-1-6(d)(7)
				and
				22-11-7(a).
1.3. Filing Date. -- April 14,
				2014.
1.4. Effective Date. -- May
				14, 2014.
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 47-05A - Regulations for State Certification of Activities Requiring Federal Licenses and Permits › Section 47-5A-3 - Scope and Effect of Certification

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Certifications may impose State standard
				conditions and any special conditions necessary to comply with applicable state
				and federal laws. When issuing certification, the Department may consider the
				proposed activity's impact on water resources, fish and wildlife, recreation,
				critical habitats, wetlands, and other natural resources under the Secretary's
				jurisdiction. The State may grant, grant with conditions, deny, or waive
				certification. If the State denies certification, then the federal license or
				permit shall not be granted.
3.2.
				Certifications may require compensatory mitigation.
3.2.a. The Secretary shall provide credit for
				any mitigation that is a required component of the permit issued by the U.S.
				Army Corps of Engineers pursuant to
				33 U.S.C.
				1344.
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 47-05A - Regulations for State Certification of Activities Requiring Federal Licenses and Permits › Section 47-5A-4 - Applications, Procedures for Certification Issuance

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Information contained within
				environmental processes and reviews such as environmental assessments,
				environmental impact statements and mining and reclamation plans, may be used
				to meet part or all of the requirements of this Rule.
4.1.a. Any applicant for an individual state
				401water quality certification shall submit two copies of a complete
				application, or an electronic application, to the Secretary on the forms
				prescribed by the Secretary. The applicant shall submit an application fee to
				the Department in the amount of $350.
4.1.a.1. The Secretary has sixty (60) days
				upon receipt to determine if an application package is complete.
4.1.a.2. The Secretary may request additional
				information if he or she determines that such information is necessary to
				properly evaluate the 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 47-05A - Regulations for State Certification of Activities Requiring Federal Licenses and Permits › Section 47-5A-5 - Public Notice, Public Hearings

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1.
				Public Notice.
5.1.a. Upon the Certification
				application being deemed complete by the Department, the applicant shall place
				a one- time Class I legal advertisement in a qualified newspaper of general
				circulation in the county of the proposed activity. There will be a (30) day
				comment period from the date of publication. Nothing herein prohibits a joint
				public notice process with the U.S. Army Corps of Engineers. Each advertisement
				shall contain at a minimum the following:
5.1.a.1. Any other State issued permit
				numbers, if applicable and available.
5.1.a.2. A clear and accurate location map of
				a scale and detail found in the West Virginia General Highway Map. The map size
				will be at a minimum four inches (4") by four inches (4"). Longitude and
				latitude line and north arrow will be indicated on the map and such lines will
				cross at or near the center of the activity for which the applicant is seeking
				certification.
5.1.a.3. The name
				and business address of the applicant including a street address or route
				number.
5.1.a.4. A narrative
				description clearly describing the location of the activity for which the
				applicant is seeking certification.
5.1.a.5. The name(s) of the receiving
				stream(s) into which the discharge of fill material will be placed.
5.1.a.6. The location where a copy of the
				application for certification is available for public review.
5.1.a.7. The name and address of the
				Department of Environmental Protection Office where written comments or
				requests for a public hearing, on the application for certification may be
				submitted.
5.1.a.8. The type of
				operation being permitted; and
5.1.a.9. The type of federal permit being
				sought.
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 47-05A - Regulations for State Certification of Activities Requiring Federal Licenses and Permits › Section 47-5A-7 - Appeal of Certification

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1.
				Standing for Requesting and Appeal Hearing; Requests; Decision.
7.1.a. Any person whose property, or property
				interest is directly affected by the Department's certification or
				certification denial, may request a hearing within 15 days after notification
				of the certification decision.
7.1.b. A person described under subdivision
				7.1.a. shall make a request for hearing to the Secretary. The request for
				hearing shall identify the interest directly affected and set forth the manner
				in which the person is aggrieved or adversely affected.
7.1.c. The Secretary shall decide whether to
				hold such hearing.
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 47-05A - Regulations for State Certification of Activities Requiring Federal Licenses and Permits › Section 47-5A-8 - Enforcement of Certification Provisions

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Because certification conditions are
				considered terms or conditions of the federal permit sought, they are subject
				to the enforcement mechanisms available for enforcing the federal license or
				permit to which they attach. In addition the enforcement mechanisms available
				under W. Va. Code §§
									22-1-3(a),
				22-11-24,
				and
				22-11-25
				may also apply.
8.2. If a permittee
				undertakes activities prior to or without applying for certification, the
				Department may issue an after-the-fact certification. Any mitigation or
				compensation required as an after-the-fact certification may be at a rate of up
				to 125% of the original calculated mitigation or compensation
				requirement.
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 47-09 - Underground Injection Control Fee Schedule (97 tech cleanup) › Section 47-9-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope and
				Purpose. -- This legislative rule establishes schedules of permit fees for
				state under-ground injection control permits issued by the Chief of the Office
				of Water Resources. This rule applies to any person who is required to apply
				for and obtain a permit from the Chief in order to conduct an activity that is
				enumerated in W. Va. Code '22-11-8,
				and is separate from permit fees required under W. Va. Code '22-6-6.
1.2. Authority. -- '22-11-10.
1.3. Filing Date. -- May 13, 1994.
1.4. Effective Date -- June 1,
				1994.
1.5. Incorporation by
				Reference -- Whenever federal or state statutes or regulations are
				incorpo-rated into this rule by reference, the reference is to the statute or
				regulation in effect on July 1, 1992.
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 47-09 - Underground Injection Control Fee Schedule (97 tech cleanup) › Section 47-9-3 - 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 or reapplies
				for a permit shall pay the appropriate permit application or renewal fee in
				accordance with the provisions of sections 4 through 6 of this rule.
3.2. Assessment and Collection of Annual
				Permit Fees -- Any person who holds a permit shall pay an annual permit fee in
				accordance with the provisions of section 7 of this rule. The first annual
				permit fee shall be remitted to the proper office one (1) calendar year from
				the date of permit issuance; subsequent annual permit fees shall be remitted on
				or before the anniversary date of the permit issu-ance.
3.2.a. A permit becomes void if the annual
				permit fee has not been paid within one hundred and eighty (180) days of the
				due date.
3.2.b. The chief shall
				not reissue a permit until all annual permit fees due during prior terms of
				that permit have been paid in full.
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 47-09 - Underground Injection Control Fee Schedule (97 tech cleanup) › Section 47-9-4 - Initial UIC Permit Application Fees

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Class 1 Wells -- The initial permit
				applica-tion fee is one thousand dollars ($l,000).
4.2. Class 2 Wells -- The initial permit
				applica-tion fee is five hundred dollars ($500), which is in lieu of any
				individual well work permit fee required under W. Va. Code . '
				22-6-1 et
				seq.
4.3. Class 3 Wells -- The
				initial permit applica-tion fee is five hundred dollars ($500), which is in
				lieu of any individual well work permit fee required under W. Va. Code '22-6-1
				et seq.
4.4. Class 4 Wells. --
				Class 4 injection wells are prohibited.
4.5. Class 5 Wells -- The initial permit
				applica-tion fee shall be calculated through use of the following formula: the
				initial permit application fee shall equal the volume fee multiplied by the
				treat-ment factor multiplied by the well type factor (i.e. Initial Permit
				Application Fee Volume Fee X Treatment Factor X Well Type Factor). An
				appli-cant shall use the following paragraphs to calculate the fees and
				factors.
4.5.a. The appropriate volume fee is
				determined from Table A of Attachment 1 of this rule.
4.5.b. The appropriate treatment factor is
				determined from Table B of Attachment 1 of this rule.
4.5.c. The appropriate well type factor is
				determined from Table C of Attachment 1 of this rule. The interpretive rule,
				Class 5 Injection Well Type Descriptions, '47CSR9A contains descrip-tions of
				well type codes.
4.5.d. The total
				amount of the initial permit application fee for a Class 5 injection well shall
				be no less than twenty five dollars ($25) and no more than one thousand five
				hundred dollars ($l,500).
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 47-09 - Underground Injection Control Fee Schedule (97 tech cleanup) › Section 47-9-5 - Permit Renewal Application Fees

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. The permit renewal application fee for a
				Class 1 UIC Permit is one thousand dollars ($l,000).
5.2. The permit renewal application fee for a
				Class 2 UIC Permit is five hundred dollars ($500).
5.3. The permit renewal application fee for a
				Class 3 UIC Permit is five hundred dollars ($500).
5.4. Class 4 injection wells are
				prohibited.
5.5. The permit renewal
				application fee for Class 5 injection wells is calculated using the for-mula in
				section 4.5 of this rule. (i.e. Permit Renewal Application Fee Volume Fee X
				Treatment Factor X Well Type Factor).
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 47-09 - Underground Injection Control Fee Schedule (97 tech cleanup) › Section 47-9-6 - Permit Modification Application Fees

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. The permit modification fee for a Class
				1 UIC Permit which requires a major modification is five hundred dollars
				($500). The permit modifica-tion fee for Class 1 UIC Permit which requires a
				minor modification is one hundred dollars ($100).
6.2. The permit modification fee for a Class
				2 UIC Permit which requires a major modification is two hundred and fifty
				dollars ($250).
6.3. The permit
				modification fee for a Class 3 UIC Permit which requires a major modification
				is two hundred and fifty dollars ($250).
6.4. Class 4 wells are prohibited.
6.5. The permit modification fee for Class 5
				injection wells is calculated through the use of the following formula: the
				permit modification applica-tion fee is equal the volume fee multiplied by the
				treatment factor multiplied by the well type factor (i.e., Permit Modification
				Application Fee Volume Fee X Treatment Factor X Well Type Factor).
6.5.a. The appropriate volume fee is
				determined through the use of Table A of Attach-ment 1 of this rule. Only the
				discharge volume of the activity affected by the modification is used in
				determining the appropriate volume fee.
6.5.b. The appropriate treatment factor is
				determined through the use of Table B of Attach-ment 1 of this rule.
6.5.c. The appropriate well type factor is
				determined through the use of Table C of Attach-ment 1 of this rule. The
				Interpretive rule, Class 5 Injection Well Type Descriptions, '47CSR9A contains
				descriptions of well type codes.
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 47-09 - Underground Injection Control Fee Schedule (97 tech cleanup) › Section 47-9-7 - Annual Permit Fees

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. The annual
				permit fee for a Class 1 injec-tion well is seven hundred and fifty dollars
				($750).
7.2. The annual permit fee
				for a Class 2 dis-posal well is twenty five dollars ($25) per well and ten
				dollars ($10) per well for enhanced recovery injection wells.
7.3. The annual permit fee for a Class 3
				injec-tion well is twenty five dollars ($25) per well.
7.4. Class 4 wells are prohibited.
7.5. The annual permit fee for a Class 5
				injec-tion well is calculated through the use of the follow-ing formula: annual
				permit fee shall equal the volume fee multiplied by the treatment factor
				multi-plied by well type factor multiplied by 0.333 (i.e., Annual Permit Fee
				Volume Fee X Treatment Factor X Well Type Factor X 0.333). The total amount of
				the annual permit fee is no less than twenty-five dollars ($25) nor more than
				five hun-dred dollars ($500). An applicant shall use the following paragraphs
				to calculate the fees and factors.
7.5.a. The
				appropriate volume fee is determined from Table A of Attachment 1 of this
				rule.
7.5.b. The appropriate
				treatment factor is determined from Table B of Attachment 1 of this
				rule.
7.5.c. The appropriate well
				type factor is determined from Table C of Attachment 1 of this rule. The
				interpretive rule, Class 5 Injection Well Type Descriptions, '47CSR9A contains
				descrip-tions of well type codes.
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 47-09 - Underground Injection Control Fee Schedule (97 tech cleanup) › Section 47-9-8 - Area Permit Fees

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Class 1
				UIC area permit.
8.1.a. The initial
				application fee is one thousand dollars ($1,000).
8.1.b. The permit renewal application fee is
				one thousand dollars ($1,000).
8.1.c. The application fee for a major permit
				modification is five hundred dollars ($500).
8.1.d. The application fee for a minor permit
				modification is one hundred dollars ($100).
8.1.e. The annual permit fee is two hundred
				fifty dollars ($250).
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 47-09 - Underground Injection Control Fee Schedule (97 tech cleanup) › Attachment 1 › Table A - VOLUME FEES

Current through Register Vol. XLI, No. 28, July 12, 2024
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 47-09 - Underground Injection Control Fee Schedule (97 tech cleanup) › Attachment 1 › Table B - TREATMENT FACTORS

Current through Register Vol. XLI, No. 28, July 12, 2024
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 47-09 - Underground Injection Control Fee Schedule (97 tech cleanup) › Attachment 1 › Table C - WELL TYPE FACTORS

Current through Register Vol. XLI, No. 28, July 12, 2024
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 47-10 - National Pollutant Discharge System (NPDES) Program › Section 47-10-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				legislative rule establishes requirements governing the State National
				Pollutant Discharge Elimination System (NPDES) Program.
1.2. Authority. -- W. Va. Code '22-11-4(a)(16).
1.3. Filing Date. -- May 1, 2012.
1.4. Effective Date. -- July 2,
				2012.
1.5. Former Rules. -- This
				legislative rule amends 47CSR10 "National Pollutant Discharge Elimination
				System (NPDES) Program" that was filed on April 17, 2008 and became effective
				on May 1, 2008.
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 47-10-4 - Application for Permits

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Duty
				to apply.
4.1.a. Any person who discharges or
				proposes to discharge pollutants and who does not have an effective permit,
				except persons covered by general permits and persons excluded under subsection
				3.2 above, shall submit a complete application in the manner and on a form
				prescribed by the Director, in accordance with the following paragraphs, and
				accompanied by the filing fee as prescribed in 47CSR26.
4.1.b. When a facility or activity is owned
				by one person but is operated by another, the application should be submitted
				by the operator. The Director may require documentation of the permit
				responsibility and liability of the owner and operator and may propose and
				issue the permit to either the owner or the operator or both, but only after
				notice to both the owner and operator; or, the Director may deny the permit
				until the responsible party or parties apply for the 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 47-10 - National Pollutant Discharge System (NPDES) Program › Section 47-10-5 - Conditions Applicable to All Permits

Current through Register Vol. XLI, No. 28, July 12, 2024
The following conditions apply to all permits. All conditions
				  shall be incorporated into the permits either expressly or by reference. If
				  incorporated by reference, a specific citation to these rules must be given in
				  the permit.
5.1. Duty to comply:
5.1.a. The permittee must comply with all
				conditions of this permit. Permit noncompliance constitutes a violation of the
				CWA and State Act and is grounds for enforcement action, for permit
				modification, revocation and reissuance, suspension or revocation, or for
				denial of a permit renewal application.
5.1.b. The permittee shall comply with all
				effluent standards or prohibitions established under '307(a) of the CWA for
				toxic pollutants within the time provided in the regulations that establish
				these standards or prohibitions, even if the permit has not yet been modified
				to incorporate the requirement.
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 47-10-8 - Schedules of Compliance

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1.
				General. -- The permit may, when appropriate, specify a schedule of compliance
				leading to compliance with the CWA and State Act and rules:
8.1.a. Any schedule of compliance shall
				require compliance as soon as possible, but in no case later than an applicable
				statutory deadline. In the case of permit conditions based on water quality
				standards established after July 1, 1977, a schedule of compliance may be used
				that shall assure that the discharge will not cause a violation of applicable
				water quality standards.
8.1.b. The
				first NPDES permit issued to a new source or a new discharger shall contain a
				schedule of compliance only when necessary to allow a reasonable opportunity to
				attain compliance with requirements issued or revised after commencement of
				construction but less than three (3) years before commencement of the relevant
				discharge. For recommencing dischargers, a schedule of compliance shall be
				available only when necessary to allow a reasonable opportunity to attain
				compliance with requirements issued or revised less than three (3) years before
				recommencement of discharge.
8.1.c.
				Interim dates. -- If a permit establishes a schedule of compliance that exceeds
				one (1) year from the date of permit issuance, the schedule shall set forth
				interim requirements and the dates for their achievement:
8.1.c.1. The time between interim dates shall
				not exceed one (1) year.
8.1.c.2.
				If the time necessary for completion of any interim requirement is more than
				one (1) year and is not readily divisible into stages for completion, the
				permit shall specify interim dates for the submission of reports of progress
				toward completion of the interim requirements and indicate a projected
				completion date.
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 47-10-9 - Modification, Revocation and Reissuance, Suspension and Revocation of Permits

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. Actions by the
				Director.
9.1.a. Permits may be modified,
				revoked and reissued, suspended or revoked either at the request of any
				interested person or upon the Director's initiative. Permits may only be
				modified, revoked and reissued, suspended or revoked for the reasons specified
				in this section. When a permit is modified, only the conditions subject to
				modification are reopened. All other conditions of the permit shall remain in
				effect for the duration of the permit. All requests under this section shall be
				in writing submitted to the Director citing facts or reasons supporting the
				request and indicating under which subsection the request is being made. If a
				permit modification is being requested pursuant to an emergency declared by the
				Director, an affidavit signed by a person meeting the requirements of
				subsection 4.6 above attesting to the emergency shall be filed with the
				request. The Director may require additional information, and in the case of a
				major modification, may require submission of a new permit application. For a
				reissuance under subdivision 9.2.b or subsection 9.3 below, the Director shall
				require submission of a new permit application.
9.1.b. If the Director decides the request is
				not justified, he or she shall send the requestor a brief written response
				giving the reasons for the decision. Denials of such requests are not subject
				to public notice, comment, or hearings.
9.1.c. Permit modifications shall be governed
				as follows:
9.1.c.1. If the Director
				tentatively decides to modify or revoke and reissue a permit and the
				modification is not made pursuant to subsection 9.5 below, he or she shall
				prepare a draft permit in accordance with section 10 of this rule and shall
				follow the public notice procedures in section 12. The Director may request
				additional information and, in the case of a modified permit, may require the
				submission of an updated permit application. In the case of revoked and
				reissued permits, the Director shall require the submission of a new
				application.
9.1.c.2. In a permit
				modification under this section, only those conditions to be modified shall be
				reopened when a new draft permit is prepared. All other conditions of the
				existing permit shall remain in effect for the duration of the permit. When a
				permit is revoked and reissued under this section, the entire permit is
				reopened just as if the permit had expired and was being reissued. During any
				revocation and reissuance proceeding, the permittee shall comply with all
				conditions of the existing permit until a new final permit is
				reissued.
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 47-10-10 - Draft Permits

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1.
				Administration.
10.1.a. Once an application is
				complete, the Director shall tentatively decide whether to prepare a draft
				permit or to deny the application.
10.1.b. If the Director tentatively decides
				to issue a general permit, he or she shall prepare a draft general permit in
				accordance with subdivision 10.1.c below.
10.1.c. If a draft permit is to be prepared
				by the Director, it shall contain the following information:
10.1.c.1. All conditions under sections 5 and
				6 above;
10.1.c.2. All compliance
				schedules;
10.1.c.3. All monitoring
				requirements; and
10.1.c.4.
				Effluent limitations, standards, prohibitions and conditions and all variances
				that are to be included.
10.1.d. All draft permits shall be provided
				to permittees, 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 section 12.
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 47-10-12 - Public Comment, and Hearings and Effective Date of Permit

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. Public
				notice.
12.1.a. Scope:
12.1.a.1. Public notice shall be given that
				the following actions have occurred:
12.1.a.1.A. A draft permit has been prepared;
				and
12.1.a.1.B. A hearing has been
				scheduled under subsection 12.3 of this rule.