W. Va. Code R. § 38-11-3

Current through Register Vol. XLI, No. 44, November 1, 2024
Section 38-11-3 - Discharge notification and response
3.1. The owner or operator or person in charge of a facility subject to these regulations from which a reportable discharge as described in Section 3,3 occurs shall notify the Division of Oil and Gas by calling 1-800-354-3312 immediately, but in no case, later than twenty-four (24) hours after becoming aware of the discharge.
3.2. The person who notifies the Division pursuant to 3.1 shall report the type of substance and the estimated quantity discharged, if known; the location of the discharge; actions the -- person reporting the discharge proposed to take to contain, clean-up and remove the substance, if any, and any other information concerning the discharge which the Division may request at the time of notification. A written verification of such notification shall be submitted upon request of the Division.
3.3. The following discharges from a facility subject to these regulations are "reportable discharges" within the meaning of this section:
3.3.1. Any discharge which would be reportable pursuant to Section 311(b) of the Federal Water Pollution Control Act Amendment of 1972, as amended by the Clean Water Act of 1977, 33 U.S.C. 1321, and the regulations promulgated thereunder;
3.3.2. Any upset or bypass causing effluent limitations established under the general permit to be exceeded; or
3.3.3. Any pit failure which results in a discharge to any surface water of the state.
3.4. The owner or operator of a facility from which a reportable discharge has occurred, or any person responsible for causing such discharge, shall attempt to stop the discharge and shall take reasonable measures to contain, clean-up and remove the discharge, to the extent he is capable of doing so.

W. Va. Code R. § 38-11-3