Current through Register Vol. XLI, No. 50, December 13, 2024
Section 46-7-3 - Applicability3.1. This rule applies to the removal of the public water supply designated use category described in the water quality standards rule (46 CSR §1.6.2), from a water of the state. The Board will consider the removal of the public water supply designated use according to the requirements outlined in this rule on a case-by-case basis, upon receipt of an application incorporating the provisions outlined in § 46-7-4, herein. This rule shall not apply to the removal or reclassification of any other designated use category established in 46 CSR §1.6.2; all other reclassifications of designated uses shall be conducted according to W. Va. Code § 22B-3-4(b);. and 46 CSR 6. The procedure outlined herein is an alternate mechanism for removing the public water supply designated use; that designated use may also be removed by revising the water quality standards rule through the legislative rulemaking process (see W. Va. Code § 22B-3-4(b) and W. Va. Code § 29A-3-1 et seq.).3.2. Applications for the removal of the public water supply designated use may be submitted to the Board by any interested party, including, but not limited to: National Pollution Discharge Elimination System ("NPDES") permit holders, NPDES permit applicants, the WV Department of Environmental Protection ("DEP") and other state agencies.