Prior to the issuance of a certificate by the Secretary, all necessary permits, where applicable, must have been obtained from the Department and the Bureau for Public Health. Facilities discharging into the Potomac River watershed and its tributaries must be designed to achieve nutrient reductions, for both nitrogen and phosphorus, consistent with West Virginia's participation in the Chesapeake Bay program upon implementation of the Chesapeake Bay standards by the Secretary.
W. Va. Code R. § 47-61-5