W. Va. Code R. § 47-11-6

Current through Register Vol. XLI, No. 24, June 14, 2024
Section 47-11-6 - Waste load allocation for sewage discharges
6.1. Purpose. - Waste load allocations for sewage discharges are to be issued by the chief to potential applicants for a Water Pollution Control Permit to assist with planning of wastewater treatment works which will meet prescribed effluent requirements and not violate state Water Quality Standards for the receiving waters. Applications for the waste load allocations shall be made prior to the initiation of any planning of any facilities which will produce or result in a wastewater discharge to the state's surface waters. Waste load allocations are not intended to, and shall not be interpreted to be an advance approval of wastewater treatment facilities which may be proposed nor is an assurance that a Water Pollution Control Permit will be issued.
6.2. Applications forms may be prescribed by the chief requiring submission of necessary information and data by the applicant to enable the . Office of Water Resources to make a waste load allocation determination. Such determination shall be valid for a period of time specified by the chief. Reapplication for a new waste load allocation will be required upon expiration of the preceding waste load allocation unless application for a Water Pollution Control Permit has been filed.
6.3. Waste load allocations shall prescribe the concentration and quality of significant wastewater substances and physical, chemical or biological conditions for the proposed discharge. The waste load limitations shall represent thirty (30) day and seven (7) day average values for biochemical oxygen demand, solids, nitrogen and other criteria defining the load, except for pH and dissolved oxygen which are instantaneous limits if it is deemed necessary to assure protection of water uses immediately downstream from the point of discharge to the receiving waters.
6.4. Waste load allocations for the achievement of water quality standards shall normally be based on a specified low flow. The design flow for this purpose shall be the minimum mean (seven) consecutive day flow with a ten (10) year return frequency.
6.5. In cases where a waste discharge is proposed to a wet weather stream, the allocation shall define the treatment plant effluent quality which will not affect designated uses of downstream waters in the nearest downstream segment of the stream but in no case less than the established water quality standard for this segment.
6.6. More stringent requirements may be specified by the chief where necessary to protect downstream uses of where special conditions such as recreation or water supply impoundments or danger to aquatic or animal life exists.
6.7. A waste load allocation may be denied when the assimilative capacity of the receiving waters is being fully utilized or if the additional waste load would result in a violation of water quality standards.
6.8. Waste load allocations are not required prior to an application to dispose of treated domestic sewage effluent by land treatment and disposal methods. Applications for a Water Pollution Control Permit for such purpose will be reviewed on a case-by-case basis. Such systems may require a Water Pollution Control Permit for the chief, . Office of Water Resources.
6.9. United States Geological Survey data may be used in determining the mean seven (7) consecutive day drought flows with a ten (10) year recurrence interval but does not preclude the use of other reliable data systems as they become available.

W. Va. Code R. § 47-11-6