W. Va. Code R. § 47-11A-4

Current through Register Vol. XLI, No. 44, November 1, 2024

Section 47-11A-4 - Waste Load Allocation Procedure

4.1. In order to provide the services identified in Subsection 3.4 of this rule, the Office of Water Resources will incorporate the calculated values of a wasteload allocation as discharge limitations in a WV/NPDES Permit, provided that a complete WV/NPDES Permit application is submitted within six months after the applicant receives the wasteload allocation. If a potential permit applicant can demonstrate that application preparation has begun, but, if the applicant demonstrates to the Chief that despite good faith efforts, a complete application cannot be submitted in the six-month time frame, then the Chief may grant one six-month extension of the wasteload allocation. Requests for an extension must be in writing to the Chief. A wasteload allocation terminates automatically upon submission of the complete WV/NPDES Permit application.

4.2. At times, planned development may cause the submission of multiple wasteload allocation requests which, if granted, could exceed the watershed's assimilative capacity. Requests for wasteload allocations will therefore be processed on a first-come, first-served basis. If a wasteload allocation is granted that precludes the granting of subsequent allocations, then the latter allocation(s) will be denied. Applicants that have been denied an allocation may have their name put on a waiting list. If the potential permit applicant holding the wasteload allocation does not submit a complete permit application in the time frame specified above, then the allocation will be rescinded and the next applicant(s) on the waiting list will be offered an allocation. Waiting list activities will also be conducted on a first come, first serve basis.

4.3. As stated previously, the wasteload allocation process was designed specifically for potential permit applicants to plan wastewater treatment works. The Chief may deny a request for a wasteload allocation if it is believed that the applicant does not intend to pursue, or is unable to accomplish development as indicated in the request. The Chief may require the submission of information as necessary to determine the validity of a request for a wasteload allocation.

4.4. Application forms will be provided by the Chief which shall include, but not be limited to, a statement identifying the source of the applicant's right to enter in and upon the real property adjacent to the receiving stream to install or construct the proposed point source. Such a statement, acceptable to the Chief, shall be a condition precedent to receiving a wasteload allocation. Though not limited to these forms of real property interests, such interests as may be acceptable to the Chief for purposes of granting wasteload allocations are recorded deeds, leases, options, real estate contracts and easements. Wasteload allocations are planning tools only and do not create interests in real property.

W. Va. Code R. § 47-11A-4