Current through Register Vol. XLI, No. 37, September 13, 2024
Section 38-17-3 - Permits3.1 Permit Requirement - No person shall discharge pollutants from a point source subject to these regulations into surface waters of the State except as authorized pursuant to a State NPDES permit, general permit or combined-well work- permit issued under these regulations. A NPDES permit issued pursuant to this rule shall be deemed to be a permit issued in accordance with W.Va. Code §§ 20-5A-5 and 22B-1-7.3.2 General Requirements - The following provisions of 40 C.F.R. are hereby incorporated by reference: 3.2.1 Exclusions - 40 C.F.R. § 122.3;3.2.2 Prohibitions - 40 C.F.R. § 122.4;3.2.3 Effect of a permit - 40 C.F.R. § 122.5;3.2.4 Continuation of expiring permits - A permit may be extended by the Director for a period not to" exceed eighteen (18) months beyond its expiration date if the applicant has made a timely and complete application for permit reissuance. Such continued permits remain fully effective and enforceable. When a permit is issued, the extended permit, if still effective, becomes automatically void.3.3 Confidentiality - Any information submitted pursuant to these regulations may be claimed as confidential by the submitter in accordance with the State Freedom of Information Act, W.Va. Code § 29B-1-1 et seq. and Series 10 of the Division's rules. Any such claim must be asserted at the time of submission in the manner prescribed on the application form or in the case of other submission, by stamping or writing the word "confidential" on each page containing such information. If no claim is made at the time of submission, the Director may make the information available to the public without further notice. However, the following information may not be claimed as confidential: 3.3.1 The name and address of any permit applicant or permittee;3.3.2 Permit applications, permits, and effluent data.