W. Va. Code R. § 46-03-2 - Reporting Spills and Accidental Discharges

2.1 It is recognized that spills and accidental discharges of sewage, industrial wastes and other wastes are contrary to the language and intent of the State Law and Federal Law and that these spills and accidental discharges may occur from time to time, notwithstanding efforts to prevent them.

2.2 It is further recognized that such spills and discharges are likely to have adverse effects upon the quality of the waters of the State impairing existing and future uses of those waters. The State Water Resources Board hereby declares it mandatory that, in order to minimize the adverse effects which the above described occurrences may have upon users of. waters of the State, the following procedures shall be followed:

2.2.a Each and every person who may cause or be responsible for any spill or accidental discharge of pollutants into the waters of the State shall give immediate notification to the Division of Water Resources' Emergency Notification Number 1-800-642-3074.

2.2.b Such notification shall set forth insofar as possible and as soon thereafter as practical the time and place of such spill or discharge, type or types and quantity or quantities of the material or inaterials therein, action or actions taken to stop such spill or discharge and to minimize the polluting effect thereoff the measure or measures taken or to be taken in order to prevent a recurrence of any such spill or discharge and such additional. information as may be requested by the Division of Water Resources, A written verification of such notification shall be submitted upon request: of the Division of Water Resources.

2.2.c It shall be the responsibility of each industrial establishment or other entity discharging directly to a stream to have available the following information pertaining to those substances that are employed or handled in its operation in sufficiently large amounts as to constitute a hazard in case of an accidental spill and discharge into a public stream:

2.2.c.1Potential toxicity in water to man, animals and aquatic life;

2.2.c.2 Details on analytical procedures for the quantitative estimation of such substances in water; and

2.2.c.3 Suggestions on safeguards or other precautionary measures to nullify the toxic effects of a substance once it has gotten into a stream.

2.3 Section 2.1.a and 2.1.b shall also apply to spills to the waters of the State resulting from accidents to common carriers by highway, rail and water.

2.4 Failure to furnish such information as required by Section 9, Article 5A, Chapter 20, Code of West Virginia shall be punishable under Section 19, Article 5A, Chapter 20, Code of West Virginia.

2.5 It shall be the responsibility of any person who causes or contributes -in any way to the spill or accidental discharge o-f any pollutant or pollutants into State waters to immediately take any and all measures necessary to contain such spill or discharge.

2.5.a It shall further be the responsibility of such person to take any and all measures necessary to clean up, remove, and otherwise render such spill or discharge harmless to the waters of the State.

2.5.b When the Chief determines it necessary for the effective containment and abatement of spills and accidental discharges, the Chief may require the person or persons responsible for such spill or discharge to monitor affected waters in a manner prescribed by the Chief until the possibility of any adverse effect on the waters of the State no longer exists.

2.6 Within 30 days after the spill or accidental discharge, a permittee shall apply for a modification to its permit incorporating any new or altered device, equipment or measure which is a permanent change to its disposal system, facility or activity. For the purposes of this section, a permanent change is one which will remain in place for at least one (1) year after installation, construction or initiation.

Notes

W. Va. Code R. § 46-03-2