Current through Register Vol. XLI, No. 50, December 13, 2024
Section 46-6-5 - Variances From Water Quality Standards Requested Pursuant to 46 CSR 1, Section 8.35.1. Circumstances allowing a variance. Upon receipt of an application the Board may approve a variance from numeric water quality criteria if it determines that the conditions outlined in section 4.1 a-f above limit the attainment of one or more specific water quality criteria.5.2. Scope and review of variance. Each variance proposed by the Board and approved by the legislature shall apply only to the discharger requesting the variance and shall be reviewed by the Board at least once every three years. At the time of the Board's review the discharger must either meet the standard or make a new demonstration of unattainability.5.3. Application. Any person seeking a variance from numeric water quality criteria shall file an application with the Board which shall include all of the information outlined in section 3.1 a-h above, as well as the following: a. The designated use categories outlined in 46 CSR 1 which apply to the stream;b. The existing numeric water quality criterion which applies to the stream and for which the applicant seeks a variance, and the alternative numeric water quality criterion desired by the applicant;c. Identification of the criterion outlined in section 3.1 a-f above which render the existing numeric water quality criterion unattainable; and d. Identification of the specific circumstances which render the discharger unable to meet the existing numeric water quality criteria which apply to the stream.5.4. Amendment of 46 CSR 1. If, upon review of an application and consultation with the Chief, the Board determines that a requested variance is warranted, the Board shall propose such variance as a revision to 46 CSR 1, Requirements Governing Water Quality Standards. In doing so, the Board shall follow all of the requirements for legislative rulemaking outlined in W. Va. Code '29A-3-1 and in sections 2 and 3.3 of this rule.