Current through Register Vol. XLI, No. 50, December 13, 2024
Section 38-11-4 - Waste load allocations4.1. Sewage Discharges - Waste load allocations for sewage dischargers are to be issued by the Director to potential applicants for a Water Pollution Control Permit (West Virginia Code 22B-1-7,) to assist with planning of wastewater treatment works which will meet effluent limitations guidelines and not violate State Water Quality Standards for the receiving waters. Applications for the waste load allocations shall be made for any facilities which will produce or result in a discharge of sewage to the state's surface waters. Waste load allocations are not intended to be, and shall not be interpreted to be, an advance approval of wastewater treatment facilities which may be proposed nor is it an assurance that a Water Pollution Control Permit will be issued. It is emphasized that waste load allocations are issued on major effluent criteria only for planning purposes. 4.1.1. Application forms may be prescribed by the Director requiring submission of necessary information and data by the applicant to enable the Division of Oil and Gas to make a waste load allocation determination. Such determination shall be valid for a period of time specified by the Director. Re-application 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.4.1.2. 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.4.1.3. 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 from the Director, Division of Oil and Gas, Department of Energy.4.2. Other discharges - (Reserved).4.3. 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 (7) consecutive day flow with a ten (10) year return frequency. 4.3.1. 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 this does not preclude the use of other reliable data systems as they become available.4.4. 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 that segment.4.5. More stringent requirements, may be specified by the Director where necessary to protect downstream uses, or where special conditions such as recreation, or water supply impoundments, or danger to aquatic, or animal life exists.4.6. 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.