W. Va. Code R. § 33-9-11

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 33-9-11 - General permits

11.1. Coverage. The Secretary may issue a general permit in accordance with the following:

11.1.a. Area. The general permit shall be written to cover a category of filtrate uses described in the permit within a geographic area. The area shall correspond to existing geographic or political boundaries, such as:

11.1.a.1. Watersheds using the eight-digit HUC or hydrologic unit code, or other some other defined watershed or watersheds;

11.1.a.2. Sewer districts or sewer authorities;

11.1.a.3. City, County, or State political boundaries;

11.1.a.4. State highway systems;

11.1.a.5. Standard metropolitan statistical areas as defined by the United States Office of Management and Budget; and

11.1.a.6. Any other appropriate division or combination of boundaries.

11.1.b. Sources. The general permit may be written to regulate, within the area described in paragraph 11.1.a.1 of this section, either:

11.1.b.1. A category of filtrate uses; or

11.1.b.2. The same or substantially similar types of operations; or

11.1.b.3. Filtrate uses, in the opinion of the Secretary, are more appropriately controlled under a general permit than under individual permits.

11.2. Administration:

11.2.a. In general. General permits may be modified, revoked and reissued, suspended, or revoked in accordance with the applicable requirements of section 9 of this series.

11.2.b. Requiring an individual permit:

11.2.b.1. The Secretary may require any person authorized by a general permit to apply for and obtain an individual permit. Any interested person may petition the Secretary to take action under this subparagraph. Cases where an individual permit may be required include the following:

11.2.b.1.A. The filtrate user is not in compliance with the conditions of the general permit;

11.2.b.1.B. The filtrate use is long-term and determined to need an individual permit;

11.2.b.2. The Secretary may require any owner or operator authorized by a general permit to apply for an individual permit as provided in subparagraph 11.2.b.1 of this section, only if the owner or operator has been notified in writing that a permit application is required. This notice shall include a brief statement of the reasons for this decision, an application form, a statement setting a time for the owner or operator to file the application, and a statement that on the effective date of the individual permit the general permit as it applies to the individual permittee shall automatically terminate. The Secretary may grant additional time upon request of the applicant.

11.2.b.3. Any owner or operator authorized by a general permit may request to be excluded from the coverage of the general permit by applying for an individual permit. The owner or operator shall submit an application under section 7, with reasons supporting the request, to the chief no later than ninety (90) days after the general permit notice in accordance with subsection 11.2.b.4.

11.2.b.4. Upon issuance of a general permit, the Secretary shall cause to be published a notice of issuance as a Class I legal advertisement in a qualified daily or weekly newspaper within the geographical area affected by the subject of the permit, and by any other means reasonably calculated to give notice of issuance to the persons affected by it. Further, the procedures of section 8 relating to a draft permit and public comment shall be followed, including a 30-day public comment period.

W. Va. Code R. § 33-9-11