W. Va. Code R. § 47-30-4

Current through Register Vol. XLI, No. 45, November 8, 2024

Section 47-30-4 - Application For Permits

4.1. Duty to Apply. Unless covered under a general permit issued in accordance with section 13 of this rule, any person discharging pollutants, proposing to discharge pollutants, or proposing to undertake any activity listed in subdivision 3.1.a. of this rule who does not have an effective permit for such discharge or activity shall submit a complete application in the manner and form prescribed by the Secretary and in accordance with the provisions of section 4 of this rule.

4.2. Responsible Party Applies. When a facility or activity is owned by one person but is operated by another, the operator shall be the applicant. The Secretary may require documentation of the WV/NPDES permit responsibility and liability of the owner and operator and may propose and issue the WV/NPDES permit to the responsible person(s), but only after notice to the responsible person(s), or the Secretary may refuse to issue the WV/NPDES permit until the responsible person applies for the WV/NPDES permit.

4.3. Completeness. Any person who requires a WV/NPDES permit shall complete, sign, and submit to the Secretary a WV/NPDES application. An application for a permit is complete when the Secretary receives an application form and any supplemental information including maps, plans, designs, and other application materials that are completed to the Secretary's satisfaction. The completeness of any application for a WV/NPDES permit shall be judged independently of the status of any other permit application or permit for the same facility or activity. The Secretary shall not begin the processing of a permit until the applicant has fully complied with the application requirements.

4.4. Time to Apply.

4.4.a. Reissuance. Any person with an existing WV/NPDES permit shall submit an application for reissuance of that permit at least one hundred twenty (120) days before the expiration date of the existing WV/NPDES, NPDES or Article 11 permit.

4.4.b. Permit to Abandon. Any person proposing to abandon a deep mine facility under W. Va. Code § 22-11-8(b)(6) and paragraph 3.1.a.5. of this rule shall apply for an abandonment permit at least one hundred eighty (180) days prior to sealing of the deep mine. A Phase II bond release request under WVSCMRA shall be considered an application to abandon a surface mine facility under W. Va. Code § 22-11-8(b)(6) and paragraph 3.1.a.5. of this rule.

4.5. Information Required From Applicants.

4.5.a. Information Required From All Applicants. All applicants for WV/NPDES permits shall provide the Secretary with a complete application in the manner and on a form prescribed by the Secretary. The form may require information in addition to that specified in subsection 4.5. of this rule. Additionally all applicants for WV/NPDES permits must submit a complete application for a surface mining permit under WVSCMRA. Incorporation by reference of material supplied in the WVSCMRA application is permissible in consolidated applications.

4.5.a.1. The activities conducted by the applicant that require it to obtain a permit.

4.5.a.2. Name, mailing address, and location of the facility for which the application is submitted.

4.5.a.3. Up to four (4) Standard Industrial Classification (SIC) Codes that best reflect the principal products or services provided by the facility.

4.5.a.4. The operator's name, address, telephone number, ownership status, including the name and address of the owner if different, and status as federal, state, private, public or other entity.

4.5.a.5. All relevant environmental permits necessary for the construction or operation or both of the facility, such as dredge and fill permits under CWA Section 404 and permits issued under WVSCMRA.

4.5.a.6. A topographic map drawn to a reasonable scale including, but not limited to, the following:

4.5.a.6.A. The facility boundary and extending at least one thousand (1,000) feet beyond to include the boundary of each WVSCMRA permit (appropriately labeled) being covered by the application.

4.5.a.6.B. Any adjacent deep and strip mines and auger holes and the thickness of barriers between the proposed mine and adjacent mine or auger holes;

4.5.a.6.C. Water level and its elevation in any adjacent deep mines;

4.5.a.6.D. Proposed location of all mine seals and sectional dams if any;

4.5.a.6.E. All proposed mine portals and boreholes;

4.5.a.6.F. Surface and seam elevations of all mine openings;

4.5.a.6.G. The north line;

4.5.a.6.H. General strike and dip direction of the mineral bed and the average dip;

4.5.a.6.I. Each of its appropriately labeled monitoring, intake and discharge points;

4.5.a.6.J. Each of its hazardous waste treatment, storage or disposal facilities;

4.5.a.6.K. Each well where fluids from the facility are injected underground and those wells, springs, other surface water bodies, and drinking water wells listed in public records or otherwise known to the applicant in the map area.

4.5.a.6.L. The map must be notarized and certified by a registered professional engineer or professional surveyor.

4.5.a.7. Outlet and Monitoring Point Location. For each point source and monitoring point, the latitude and longitude to the nearest second, elevation, and the name of the immediate receiving/sampling water and river mile point.

4.5.a.8. Line Drawing. A line drawing of the water flow through the facility with a water balance showing operations contributing influent to the treatment units and effluent. Similar processes, operations or production areas may be indicated as a single unit, labeled to correspond to the more detailed identification under paragraph 4.5.a.9. of this rule. The water balance must show approximate average flows at intake and discharge points and between units, including treatment units. If a water balance cannot be determined through historic record, the applicant may instead provide the flows used to design the treatment unit.

4.5.a.9. Average Flows and Treatment. On the line drawing or in a narrative, identify each type of process, operation or production area that contributes wastewater to the effluent for each outlet, including process wastewater and stormwater runoff (including material storage area runoff), the average flow each process contributes, and a description of the treatment, if any, the wastewater receives, including the ultimate disposal of any solid or fluid wastes other than by discharge. Processes, operations or production areas may be described in general terms.

4.5.a.10. Intermittent Flows. If any of the discharges described in paragraph 4.5.a.9. of this rule are intermittent or seasonal, a description of the frequency, duration, and flow rate of each discharge occurrence (except for stormwater runoff, spillage or leaks).

4.5.a.11. Improvements. If the applicant is subject to any present requirements or compliance schedules for construction, upgrading or operation of waste treatment equipment, an identification of the abatement project and a listing of the required and projected final compliance dates.

4.5.a.12. Biological Information. An identification of any biological monitoring data that the applicant knows or has reason to believe have been made within the last three (3) years on any of the applicant's discharges or on a receiving water in relation to a discharge.

4.5.a.13. Contract Analyses. If a contract laboratory or consulting firm performed any of the analyses required by paragraph 4.5.b.1. of this rule, the identity of each laboratory or firm and the analyses performed.

4.5.a.14. Plan for Abandonment. The information required in a plan for abandonment pursuant to subdivision 4.5.d. of this rule.

4.5.a.15. Discharges into Non-complying Waters. Compliance with subdivision 4.5.e. of this rule.

4.5.a.16. Existing Source Variances. Compliance with subdivisions 4.5.f. and 4.5.g. of this rule if applicable and meets the definition of "existing source".

4.5.a.17. Used or Manufactured Toxics. A listing of any toxic pollutant that the applicant does or expects to use or manufacture as an intermediate or final product or by-product. The Secretary may waive or modify this requirement for any applicant if the applicant demonstrates that it would be unduly burdensome to identify each toxic pollutant, and the Secretary has adequate information to issue the permit.

4.5.b. Information Required For Pre-Existing Discharges and Reissuance Applications. All applicants (including all applicants for reissuance) for WV/NPDES permits whose facilities have pre-existing discharges shall also provide the following information to the Secretary:

4.5.b.1. Effluent Characteristics. Information on the discharge of pollutants specified in subparagraphs 4.5.b.1.A. through 4.5.b.1.F. of this rule. When "quantitative data" (concentration and mass) for a pollutant is required, the applicant must collect a sample of effluent and analyze it for the pollutant in accordance with analytical methods approved by 40 C.F.R. Part 136. When no analytical method is approved, the applicant may use any suitable method but must provide a description of the method. Grab samples must be used for pH, temperature, cyanide, total phenols, total residual chlorine, oil and grease, and fecal coliform. For all other pollutants, 24-hour composite samples must be used. However, a minimum of one (1) grab sample may be taken for effluents from holding ponds or other impoundments with a retention period greater than 24 hours, and a minimum of one (1) to four (4) grab samples may be taken for stormwater discharges depending on the duration of the discharge. One grab sample shall be taken in the first hour (or less) of discharge with one additional grab sample taken in each succeeding hour of discharge up to a minimum of four (4) grab samples for discharges lasting four (4) or more hours. In addition, the Secretary may waive composite sampling for any outfall for which the applicant demonstrates that the use of an automatic sampler is unfeasible and that the minimum of four (4) grab samples will be a representative sample of the effluent being discharged. When an applicant has two (2) or more outlets with substantially identical effluents, the Secretary may allow the applicant to test only one outfall and report that the quantitative data also applies to the substantially identical outlet.

4.5.b.1.A. Mandatory Testing:

4.5.b.1.A.1. Every applicant must report quantitative data for every outlet for the following pollutants. All levels must be reported as concentration and as total mass except for temperature, pH, and flow:

4.5.b.1.A.1.(a) Biochemical Oxygen Demand (BOD-5day);

4.5.b.1.A.1.(b) Chemical Oxygen Demand (COD);

4.5.b.1.A.1.(c) Total Organic Carbon (TOC);

4.5.b.1.A.1.(d) Total Suspended Solids (TSS);

4.5.b.1.A.1.(e) Ammonia (as N);

4.5.b.1.A.1.(f) Temperature (both winter and summer);

4.5.b.1.A.1.(g) pH;

4.5.b.1.A.1.(h) Discharge Flow;

4.5.b.1.A.1.(i) Fecal Coliform (if believed present or if sanitary waste is or will be discharged);

4.5.b.1.A.1.(j) Total Residual Chlorine (if chlorine is used); and

4.5.b.1.A.1.(k) Oil and grease.

4.5.b.1.A.2. The Secretary may waive the testing and reporting requirements for any of the pollutants or flow listed in part 4.5.b.1.A.1. of this rule, if the applicant submits a request for a waiver before or with its application that demonstrates that information adequate to support issuance of a permit can be obtained through less stringent requirements.

4.5.b.1.B. Each applicant contributing to a discharge must report quantitative data for the pollutants listed in Appendix B of this rule in each outlet.

4.5.b.1.C. Potentially Required Testing. Each applicant must indicate whether the applicant knows or has reason to believe that the pollutant is discharged from the outlet (see subparagraph 4.5.b.1.F. of this rule) and must report for each outlet quantitative data for the following pollutants:

4.5.b.1.C.1. All pollutants listed in Appendix B or Appendix C of this rule for which quantitative data is not otherwise required under subparagraph 4.5.b.1.B. of this rule. For every pollutant listed in Appendix B or Appendix C expected to be discharged in concentrations of ten parts per billion (10 ppb) or greater, the applicant must report quantitative data. Where acrolein, acrylonitrile, 2, 4-dinitrophenol, or 2-methyl-4,6-dinitrophenol is expected to be discharged in concentrations of 100 ppb or greater, the applicant must report quantitative data. For every pollutant expected to be discharged in concentrations less than 10 ppb, the applicant must either submit quantitative data or briefly describe the reasons the pollutant is expected to be discharged. Where acrolein, acrylonitrile, 2,4-dinitrophenol, or 2-methyl-4,6-dinitrophenol is expected to be discharged in concentrations less than 100 ppb, the applicant must either submit quantitative data or briefly describe the reasons the pollutant is expected to be discharged. An applicant qualifying for a small business exemption under paragraph 4.5.b.2. of this rule is not required to analyze for pollutants listed in Appendix C of this rule.

4.5.b.1.C.2. All pollutants in Appendix D of this rule. If an applicable effluent limitations guideline either directly limits the pollutant listed in Appendix D or, by its express terms, indirectly limits the pollutant listed in Appendix D through limitations of an indicator, the applicant must report quantitative data. For every pollutant discharged that is not so limited in an effluent limitations guideline, the applicant must either report quantitative data or briefly describe the reasons the pollutant is expected to be discharged.

4.5.b.1.D. Each applicant must indicate whether it knows or has reason to believe that any of the pollutants in Appendix E of this rule are discharged from each outlet (see subparagraph 4.5.b.1.E. of this rule). For every pollutant listed in Appendix E that is expected to be discharged, the applicant must briefly describe the reasons the pollutant is expected to be discharged and report any quantitative data it has for any pollutant.

4.5.b.1.E. Each applicant must report quantitative data generated using a screening procedure not calibrated with analytical standards for TCDD (2,3,7,8-tetrachlorodibenzo-p-dioxin) if:

4.5.b.1.E.1. The applicant uses or manufactures 2, 4, 5,-trichlorophenoxyacetic acid (2,3,5-T); 2-(2,4,5,-trichlorophenoxy) propanoic acid (Silvex or 2,4,5-TP); 2-(2,4,5,-trichlorophenoxy) ethyl 2,2-dichloropropionate (Erbon); O,O-dimethyl O-(2,4,5-trichlorophenyl) phosphorothioate (Ronnel); 2,4,5-trichlorophenol (TCP); or hexachlorophene (HCP); or

4.5.b.1.E.2. The applicant knows or has reason to believe that TCDD is or may be present in an effluent.

4.5.b.1.F The requirements in subparagraphs 4.5.b.1.C. and 4.5.b.1.D. of this rule that an applicant must provide quantitative data for certain pollutants known or believed to be present, does not apply to pollutants present in a discharge solely as the result of their presence in intake water; however, an applicant must report such pollutants as present. An applicant is expected to "know or have reason to believe" that a pollutant is present in an effluent based on an evaluation of the expected use, production, or storage of the pollutant, or on any previous analyses for the pollutant.

4.5.b.2. Small Business Exemption. Coal mines or preparation plants with a probable total annual production of less than one hundred thousand (100,000) tons per year per mine or plant are exempt from the requirements of part 4.5.b.1.C.1. of this rule to submit quantitative data for the pollutants listed in Appendix C of this rule.

4.5.c. Additional Information.

4.5.c.1. In addition to the information reported on the application form, applicants shall provide to the Secretary, at his or her request, other information the Secretary may reasonably require to assess the facility and discharges from the facility and to determine whether to issue a WV/NPDES permit. The additional information may include additional quantitative data and bioassays to assess the relative toxicity to aquatic life of the discharges and requirements to determine the cause of the toxicity.

4.5.d. Plan for Abandonment and Application to Abandon a Mine.

4.5.d.1. Deep Mines. The plan for abandonment may incorporate information contained in the surface mining permit under WVSCMRA. Unless waived in writing in whole or in part by the Secretary, an applicant for a deep mine under subdivision 4.5.b. of this rule shall provide a plan for abandonment that contains the following information:

4.5.d.1.A. A deep mine development map to scale showing among other things:

4.5.d.1.A.1. The proposed mine boundary for the initial five (5) years of the mine and the proposed final limits of mining (to be shown in different colors) and thickness of barriers against outcrop;

4.5.d.1.A.2. Any adjacent deep and strip mines and auger holes and the thickness of barriers between the proposed mine and adjacent mines or auger holes;

4.5.d.1.A.3. Predicted final water elevation in the proposed mine;

4.5.d.1.A.4. Water level and its elevation in any adjacent mines;

4.5.d.1.A.5. Seam structural contours at ten (10) feet intervals and surface elevation contours at an interval not to exceed those available on the latest U.S.G.S. 7.5-minute quadrangle, fault plane or weak plane;

4.5.d.1.A.6. Proposed location of all mine seals and sectional dams if any;

4.5.d.1.A.7. All proposed mine portals and boreholes;

4.5.d.1.A.8. Surface and seam elevations of all mine openings;

4.5.d.1.A.9. The north line;

4.5.d.1.A.10. General strike and dip direction of the mineral bed and the average dip; and

4.5.d.1.A.11. The map must be notarized and certified by a registered professional engineer or professional surveyor.

4.5.d.1.B. If there are mine workings either below or above the mine workings to be abandoned, information on whether they are active, inactive or abandoned; the final limits of mining (to be shown in different colors on the mine map as stated in part 4.5.d.1.A.1. of this rule); elevation of water pools in these mines; the thickness and nature of parting between the workings; whether water from the mine to be abandoned will flow through the adjacent mines or the mines above or below; and whether water from adjacent mines or mines below or above will flow through the mine to be abandoned and, if it will, the quality of the water.

4.5.d.1.C. The type and number of permanent seals proposed, their design details and drawings, and the materials to be used for construction.

4.5.d.1.D. Whether there will or might reasonably be expected to be a discharge from the mine after abandonment; the maximum rate of discharge expected; whether the discharge, if any, will need treatment; if treatment is required, the type of treatment proposed and its details; and, if treatment will not be required, the reasons for assuming so.

4.5.d.1.E. Provisions that shall be made for assuring acceptable water quality from any discharges after abandonment of the mine. Should the mine become filled with water, the effect on groundwater quality and plans to eliminate or minimize the adverse effects, if any, on groundwater quality.

4.5.d.1.F. Any other information that the Secretary may deem necessary to evaluate the water pollution potential of the facility.

4.5.d.1.G. The information required in 38 C.S.R. 2 §3.13.

4.5.d.2. Other facilities requiring plans for abandonment. For all coal mines other than deep mines, preparation plants, and preparation plant associated areas, the reclamation plan required under the WVSCMRA permit shall be the plan for abandonment.

4.5.d.3. Plan for Abandonment; Reissuance. Unless waived in writing in whole or in part by the Secretary, in addition to the information required by subdivision 4.5.a. of this rule, an applicant for the reissuance of a WV/NPDES permit shall provide information to update or add to the information required in paragraphs 4.5.d.1. and 4.5.d.2. of this rule.

4.5.d.4. Application for Permit to Abandon.

4.5.d.4.A. For Deep Mines. An application for a permit to abandon shall contain the information required under paragraphs 4.5.d.1. and 4.5.d.2. of this rule, updated to show final determinations that reflect current knowledge on each item: Provided, That where the information submitted under paragraphs 4.5.d.1. and 4.5.d.2. of this rule has not significantly changed, further updating will not be required, and the following:

4.5.d.4.A.1. A statement from the applicant that predicts the likelihood of a discharge from the abandoned mine;

4.5.d.4.A.2. At least one representative cross section map across the coal seam and overburden along a line parallel to the dip of the mineral bed showing the name and thickness of each strata above and the strata ten (10) feet below the lowest mineral bed being mined, the position of the water table and the direction of the flow of water, the final likely level of water in the mineral bed on abandonment, and the likely extent of fracturing in the overburden due to mining. The line of cross section shall be shown on the mine map submitted under paragraph 4.5.a.6. or 4.5.d.1. of this rule; and

4.5.d.4.A.3. A report on the quality of water being discharged from the mine during the past year or, if the data is unavailable, an analysis of current discharge quality and a prediction of expected discharge quality should a discharge occur.

4.5.d.4.B. For facilities other than deep mines, the application for a permit to abandon shall be the application for a Phase II bond release under WVSCMRA.

4.5.e. Discharges into Non-complying Waters. The owner or operator of a facility proposing to discharge into a water segment that does not meet applicable water quality standards for the pollutants to be discharged or is not expected to meet those standards even after the application of effluent limitations required by CWA Sections 301(b)(2)(A)2, 301(b)(2)(E), or 306, and for which the State has performed a pollutant load allocation for the pollutants to be discharged, must demonstrate before the close of the comment period either that:

4.5.e.1. There are sufficient remaining pollutant load allocations to allow for the discharge;

4.5.e.2. The existing dischargers into that segment are subject to compliance schedules designed to bring the segment into compliance with applicable water quality standards; or

4.5.e.3. The applicant qualifies for an alternate water quality based effluent limitation by making an adequate demonstration to the Secretary pursuant to 47 C.S.R. 2.

4.5.f. Variance Requests. A facility may request a variance from effluent limitations under any of the following statutory or regulatory provisions within the times specified. Requests must explain how the requirements of EPA variance regulations have been met. EPA regulations governing the variances under paragraphs 4.5.f.1. through 4.5.f.4. of this rule are promulgated at 40 C.F.R. Part 125.

4.5.f.1. Fundamentally Different Factors. A request for a variance based on the presence of "fundamentally different factors" from those on which the effluent limitations guideline was based shall be made by the close of the public comment period under subsection 10.2 of this rule. The request shall explain how the requirements of 40 C.F.R. Part 125, Subpart D have been met.

4.5.f.2. Non-conventional Pollutants. A request for a variance from the best available technology (BAT) requirements for CWA Section 301(b)(2)(F) pollutants (commonly called "non-conventional" pollutants) pursuant to CWA Section 301(c) because of the economic capability of the owner or operator, or pursuant to CWA Section 301(g) because of certain environmental considerations, when those requirements were based on effluent limitation guidelines, must be made by:

4.5.f.2.A. Submitting an initial request to the EPA Region III Administrator, as well as to the Secretary, stating the name of discharger, the permit number, the outlet number(s), the applicable effluent guideline, and whether the discharger is requesting a CWA Section 301(c) modification or a CWA Section 301(g) modification or both. This request must be filed not later than two hundred seventy (270) days after promulgation of an applicable effluent limitation guideline for guidelines promulgated after December 27, 1977; or

4.5.f.2.B. Submitting a completed request no later than the close of the public comment period under subsection 10.2. of this rule demonstrating that the applicable requirements of 40 C.F.R. Part 125 have been met, unless an extension is granted under paragraph 4.5.g.2. of this rule.

4.5.f.2.C. Requests for variance from effluent limitations not based on effluent limitation guidelines need only comply with subparagraph 4.5.f.2.B. of this rule and need not be preceded by an initial request under subparagraph 4.5.f.2.A. of this rule.

4.5.f.3. Innovative Technology. An extension under CWA Section 301(k) from the statutory deadline of July 1, 1984 under CWA Section 301(b)(2)(A) for best available technology based on the use of innovative technology may be requested no later than the close of the public comment period under subsection 10.2. of this rule for the discharger's initial permit requiring compliance with CWA Section 301(b)(2)(A). The request shall demonstrate that the requirements of 40 C.F.R. Part 124.13 and Part 125, Subpart C have been met.

4.5.f.4. Water Quality Related Effluent Limitations. A modification to any water quality related effluent limitation under CWA Section 302(b)(2) of requirements under CWA Section 302(a) for achieving water quality related effluent limitations may be requested no later than the close of the public comment period under subsection 10.2. of this rule on the permit from which the modification is sought.

4.5.g. Expedited Variance Procedures and Time Extensions.

4.5.g.1. Notwithstanding the time requirements in subdivision 4.5.f. of this rule, the Secretary may notify a permit applicant before a draft permit is issued that the draft permit will likely contain limitations that are eligible for variance. In the notice, the Secretary may require the applicant, as a condition of consideration of any potential variance request, to submit information explaining how the requirements applicable to the variance have been met and may require its submission within a specified reasonable time after receipt of the notice. The notice may be sent before the permit application has been submitted. The draft or final permit may contain the alternative limitations that may become effective upon final grant of the variance.

4.5.g.2. A discharger who cannot file a complete request required under subparagraph 4.5.f.2.B. of this rule may request an extension. The extension may be granted or denied at the discretion of the Secretary. Extensions shall be no more than six (6) months in duration.

4.6. Record Keeping by Applicant. Applicants shall keep records of all data used to complete permit applications and any supplemental information submitted for a period of at least three (3) years from the date the application is signed.

4.7. Signatories to Permit Applications and Reports.

4.7.a. Applications. All permit applications shall be signed as follows:

4.7.a.1. For a corporation: by a responsible corporate officer. For the purpose of this section, a responsible corporate officer means:

4.7.a.1.A. A president, secretary, treasurer or vice-president of the corporation in charge of a principal business function or any other person who performs similar policy or decision-making functions for the corporation; or

4.7.a.1.B. The manager of one or more manufacturing, production or operating facilities employing more than two hundred fifty (250) persons or having gross annual sales or expenditures exceeding twenty-five million dollars ($25,000,000), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.

4.7.a.2. For a partnership or sole proprietorship: by a general partner or the proprietor.

4.7.b. Reports. All reports required by WV/NPDES permits and other information requested by the Secretary for compliance with Article 11 shall be signed by a person described in subdivision 4.7.a. of this rule or by a duly authorized representative of that person. A person is a duly authorized representative only if:

4.7.b.1. The authorization is made in writing by a person described in subdivision 4.7.a. of this rule;

4.7.b.2. The authorization specifies either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, superintendent, an individual or position having overall responsibility for environmental matters for the company, or position of equivalent responsibility. A duly authorized representative may thus be either a named individual or any individual occupying a named position; and

4.7.b.3. The written authorization is submitted to the Secretary.

4.7.c. Changes to Authorization. If an authorization under subdivision 4.7.b. of this rule is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of subdivision 4.7.b. of this rule must be submitted to the Secretary prior to or together with any reports, information or applications to be signed by an authorized representative.

4.7.d. Certification. Any person signing a document under subdivision 4.7.a. or 4.7.b. of this rule shall make the following certification:

"I certify under penalty of law that this document and all attachments were prepared under the direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations."

4.7.e. The Secretary may establish a means by which documents can be signed by a person using a digital signature. When a person affixes his or her digital signature to a document, the digital signature shall have the same effect as a signature affixed to that document by other means.

W. Va. Code R. § 47-30-4