W. Va. Code R. § 47-30-13

Current through Register Vol. XLI, No. 40, October 4, 2024

Section 47-30-13 - General Permits

13.1. Coverage. The Secretary may issue a general permit in accordance with the following:

13.1.a. Area. The general permit may be written to cover a category of discharges described in the permit under subdivision 13.1.b. of this rule, except those covered by individual permits, within a geographic area. The area shall correspond to existing geographic or political boundaries, such as:

13.1.a.1. Designated planning areas under CWA Sections 208 and 303;

13.1.a.2. City, county or state political boundaries;

13.1.a.3. State highway systems;

13.1.a.4. Standard metropolitan statistical area as defined by the United States Office of Management and Budget; or

13.1.a.5. Any other appropriate division or combination of boundaries.

13.1.b. Sources. The general permit may be written to regulate, within the area described in subdivision 13.1.a. of this rule, a category of point sources from coal mines, preparation plants, and refuse areas that:

13.1.b.1. Involve the same or substantially similar types of operations;

13.1.b.2. Discharge the same types of wastes;

13.1.b.3. Require the same effluent limitations or operation conditions;

13.1.b.4. Require the same or similar monitoring; and

13.1.b.5. In the opinion of the Secretary, are more appropriately controlled under a general permit than under individual permits.

13.1.c. If the Secretary tentatively decides to issue a general permit, he or she shall prepare a draft general permit under subdivision 10.1.a. of this rule.

13.2. Administration.

13.2.a. General. General permits may be modified, reissued, suspended or revoked in accordance with the applicable requirements of section 8 of this rule for either individual dischargers or for a category of point sources.

13.2.b. Requiring an Individual Permit. The Secretary may require any person authorized by a general permit to apply for and obtain an individual permit. Any interested person adversely affected or aggrieved may petition the Secretary to take action under subsection 13.2. of this rule. Cases where an individual permit may be required include the following:

13.2.b.1. The discharger is not in compliance with the conditions of the general permit;

13.2.b.2. A change has occurred in the availability of demonstrated technology or practices for the control or abatement of pollutants applicable to the point source;

13.2.b.3. Effluent limitation guidelines are promulgated for point sources covered by the general permit;

13.2.b.4. A water quality management plan containing requirements applicable to such point sources is approved; or

13.2.b.5. The requirements of subsection 13.1. of this rule are not met.

W. Va. Code R. § 47-30-13