W. Va. Code R. § 46-6-3

Current through Register Vol. XLI, No. 50, December 13, 2024
Section 46-6-3 - Requirements For Site-Specific Revisions to 46 CSR 1, Requirements Governing Water Quality Standards
3.1. Application. Any person seeking reclassification of a designated use, a variance from numeric water quality criteria or a site-specific numeric criterion shall file an application with the Board containing the following information and any other information required in this rule:
a. A U.S.G.S. 7.5 minute map showing those stream segments to be affected and showing all existing and proposed discharge points. In addition, the alphanumeric code of the affected stream, if known;
b. Existing water quality data for the stream or stream segment. Where adequate data are unavailable, additional studies may be required by the Board;
c. General land uses (e.g. mining, agricultural, recreation, residential, commercial, industrial, etc.) as well as specific land uses adjacent to the waters for the length of the segment proposed to be revised;
d. The existing and designated uses of the receiving waters into which the segment in question discharges and the location where those downstream uses begin to occur;
e. General physical characteristics of the stream segment, including, but not limited to, width, depth, bottom composition and slope;
f. The average flow rate in the segment and the amount of flow at a designated control point and a statement regarding whether the flow of the stream is ephemeral, intermittent or perennial;
g. An assessment of aquatic life in the stream segment in question and in the adjacent upstream and downstream segments; and
h. Any additional information or data that the Board deems necessary to make a decision on the application.
3.2. Consultation with the Chief. In reviewing an application filed pursuant to this section, the Board shall consult with the Chief of the Office of Water Resources of the Division of Environmental Protection.
3.3. Preparation of an information sheet. If, after review of an application filed pursuant to this section and consultation with the Chief, the Board determines that the requested change is warranted, the Board shall prepare an information sheet which summarizes the information in the application which is pertinent to the Board's decision on each application. The information sheet shall contain at least the following where applicable:
a. The name and address of the applicant;
b. The name and description of the waters for which a change is proposed, including the location of existing and proposed discharge points and the Alphanumeric designation;
c. All existing and designated uses of the water;
d. The proposed change being requested for the stream or stream segment;
e. A brief abstract of the supportive documentation which demonstrates that the revision is appropriate;
f. A summary of the implications of such revision for the community and other users or potential users of the waters in question;
g. Any recommendations made by the Chief of the Office of Water Resources of the Division of Environmental Protection; and
h. Any other information deemed pertinent to the Board's decision.

W. Va. Code R. § 46-6-3