W. Va. Code R. § 47-11A-1

Current through Register Vol. XLI, No. 24, June 14, 2024

Section 47-11A-1 - General

1.1. Scope. -- This rule provides the agency's interpretation of the rights and privileges associated with waste load allocations using the provisions of 47CSR10 and 47CSR11, National Pollutant Discharge Elimination System (NPDES) Program and Special Rules respectively. It is further the purpose of this rule to explain the procedures used in requesting and transferring a waste load determination and the length of time for which that determination is applicable.

1.2. Authority. -- W. Va. Code

'22-11-4(a)(14).

1.3. Filing Date. -- November 22, 1996.

1.4. Effective Date. -- December 23, 1996.

1.5. This is a new rule interpreting the provisions of 47CSR10, National Pollutant Discharge Elimination System (NPDES) Program and 47CSR11, Special Rules. This rule applies to current holders of wasteload allocations and all applicants for wasteload allocations.

1.6. Constitutional Takings Determination -- As a procedural rule, the director has determined that his rule will not result in taking of private property within the meaning of the Constitutions of West Virginia and the United States of America. The director further finds that his rule is consistent with the Declaration of Policy provided for in W. Va. Code '22-11-2.

W. Va. Code R. § 47-11A-1