Current through Register Vol. XLI, No. 44, November 1, 2024
Section 38-17-6 - Establishing Permit ConditionsThe following provisions of 40 C.F.R, are hereby incorporated by reference:
6.1 Establishing permit conditions - 40 C.F.R. § 122, 43;6.2 Establishing limitations, standards, and other permit conditions - 40 C.F.R. § 122.44, except §122.44(j), (n), (o) and (p);6.2.1 Nothing in this section precludes the application of Real Time Water Quality Control in achieving water quality standards. Such real time management may be used where water quality standards cannot be achieved after installation of treatment technology to comply with established technology-based effluent limits. In establishing any such water quality-based effluent limitation the following shall apply: 6.2.1.1 Water quality-based effluent limitations may be utilized only where violations of water quality standards are identified or projected as likely to occur as the result of the permitted discharge.6.2.1.2 Permit requirements for monitoring effluent toxicity may be imposed only where there is a significant likelihood of toxic effects to biota in the receiving water.6.2.1.3 Permit requirements for monitoring effluent toxicity shall not be imposed where toxic effects are present but there is a significant likelihood that compliance with technology-based requirements will sufficiently mitigate the effect; however, the Director may require chemical and toxicity testing after installation of the treatment technology and may reopen the permit to incorporate additional limitations if needed to meet water quality standards.6.2.1.4 Effluent toxicity monitoring requirements should be used only where effluents are complex or where combined effects of multiple discharges are of concern.6.2.1.5 In making a determination to require effluent toxicity monitoring as a permit condition, the Director shall take into account the degree of impact, the complexity and variability of the discharge, the water body type and hydrology, the potential for human health impact, the amount of existing data, the level of certainty desired in water quality assessment, the appropriateness of the toxicity monitoring technique for use in protection and monitoring water quality, other sources of pollutants, and the ecology of the receiving stream,6.2.1.6 If upon the basis of such effluent toxicity monitoring, it is determined that there is a significant likelihood of toxic effects to biota in the receiving water, then the Director may require the permittee to conduct a toxicity reduction evaluation.6.2.1.7 If, as a result of such toxicity reduction evaluation, specific pollutants are identified as causing such toxic effects to biota in the receiving water, the permit may be modified to limit such pollutants.6.2.1.8 All biological or other toxicity monitoring procedures required in a permit shall be approved pursuant to 40 C.F.R. Part 136 or, unless permittee agrees otherwise, be based upon studies establishing that such analyzes have been properly validated by scientifically accepted interlaboratory procedures.6.3 Calculating NPDES permit conditions - 40 C.F.R. § 122.45, except §122.45(b)(1) and §122.45(b)(2)(ii)(A)(2);6.4 Duration of permits - 40 C.F.R. § 122.46;6.5 Schedules of compliance - 40 C.F.R. § 122.47; 6.5.1 Schedules of compliance may also be granted pursuant to W.Va. Code § 20-5A-7, provided they do not violate Section 301 of the federal Clean Water Act.6.6 Requirements for recording and reporting of monitoring results - 40 C.F.R, § 122.48; 6.6.1 Inherent variabilities in 40 C.F.R. 136 test procedures are acknowledged. Exceedances of effluent limitations established in a permit will not be deemed permit violations unless the reported value exceeds the effluent limitation by an amount greater than the variability recognized in applicable sampling and analytical procedures; however, all test values shall be reported.6.7 Disposal of pollutants into wells, into publicly owned treatment works or by land application - 40 C.F.R. 512-2.50.