Current through Register Vol. XLI, No. 50, December 13, 2024
Section 46-7-6 - Board Procedures6.1. Completeness Review. Upon receipt of an application for removal of the public water supply designated use subject to this rule, the Board shall conduct a review to determine that the application is complete. Such review shall be completed no later than 30 days from the date of receipt of the application in the Board Office.6.1.a. Upon a determination that the application is complete, the Board shall notify the applicant to that effect and begin a substantive review of the application. The Board shall then forward the application to the WV Bureau for Public Health, the WV Division of Environmental Protection, the WV Department of Agriculture and the US Environmental Protection Agency, Region 3.6.1.b. If the Board determines that the application is incomplete, it shall notify the applicant and provide a list of the information necessary to make the application complete.6.2. Substantive Review. Upon making a determination that the application is complete, the Board shall conduct a review of the application to determine whether the proposed removal of the public water supply designated use is warranted. In doing so, the Board shall:6.2.a. Consult with the West Virginia Bureau for Public Health, the West Virginia Department of Environmental Protection and the West Virginia Department of Agriculture regarding the impacts of the requested removal of the public water supply designated use; and6.2.b. Prepare a draft information sheet, which shall include the following: 6.2.b.1. A summary of the information provided in the application, and;6.2.b.2. An initial assessment regarding whether the criteria outlined in §5 have been met; and6.2.c. Forward the draft information sheet to USEPA, Region 3.6.3. Preliminary decision on application. 6.3.a. Upon completion of the review outlined in §6.2, the Board shall make a preliminary decision regarding whether the removal of the public water supply designated use is warranted.6.3.b. If the Board finds that removal of the use complies with the criteria and prohibitions outlined in §5 herein, it shall make a preliminary decision that the use removal is warranted. Once doing so, the Board shall: 6.3.b.1. Finalize the information sheet outlined in §6.2.b, which shall include the basis of it's decision; and6.3.b.2. Propose to revise §8 herein to remove the public water supply designated use from the water subject to the application. In doing so, the Board shall publish notice of the proposed revision in compliance with the requirements for procedural rulemaking in W. Va. Code § 29A-3-1 et seq, and shall forward such notice to the agencies outlined in §6.2.a herein and to USEPA Region 3. The Board shall also hold a public hearing regarding the proposal to remove the use, notice of which shall be published consistent with the provisions of WV Code § 29-3-7.6.3.c. If the Board finds that the removal of the use does not comply with the criteria and prohibitions outlined in §5 herein, it shall make a preliminary decision that the proposal is not warranted, and shall contact the applicant to advise them of the decision, and the basis for the decision.6.4. Final decision on application. 6.4.a. Upon completion of the public hearing and close of the public comment period required in §6.3.b.2, the Board shall review all of the comments and information received during that period and make a final determination regarding the removal of the public water supply use designation.6.4.b. If, upon completing the review outlined in §6.4.a, the Board determines that the preliminary decision to remove the public water supply use designation is consistent with the requirements outlined in §5, herein, the Board shall make a final decision to that effect, and adopt the proposed revision according to § 29A-3-8 of the State Administrative Procedures Act. Such revision shall include an amendment to §8 of this rule, which shall identify the name of the stream and the portion of the stream from which the public water supply use designation is removed.6.4.c. If upon completion of the review outlined in §6.4.a herein, the Board finds that the requirements outlined in §5 have not been met, the Board shall deny the application and contact the applicant in writing to advise them of the denial and the basis for the denial.