W. Va. Code R. § 46-03-6 - Waste Load Allocations for Sewage Discharges

6.1 Purpose - Waste load allocations for sewage dischargers are to be issued by the Chief to potential applicants for a" Water Pollution Control Permit to assist with planning of wastewater treatment works which will meet prescribed effluent requirements and not violate State Water Quality Standards for the receiving waters. Applications for the waste load allocation shall be made prior to the initiation of any planning of any facilities which will produce or result in a wastewater discharge to the State's surface waters. Waste load allocations are not intended to, and shall not be Interpreted to be an advance approval of wastewater treatment facilities which may be proposed nor is an assurance that a Water Pollution Control Permit will be issued. It is emphasized that waste load allocations are issued on major effluent criteria only for planning purposes.

6.2 Application forms may be prescribed by the Chief requiring submission of necessary information and data by the applicant to enable the Division of Water Resources to make a waste load allocation determination. Such determination shall be valid for a period of time specified by the Chief. Reapplication for a new waste load allocation will be required upon expiration of the preceding waste load allocation unless application for a Water Pollution Control Permit has been filed.

6.3 Waste load allocations shall prescribe the concentration and quality of significant wastewater substances and physical, chemical, or biological conditions for the proposed discharge. The waste load limitations shall represent 30-day and 7-day average values for biochemical oxygen demand, solids, nitrogen, and other criteria defining the load, except for pH and dissolved oxygen which are instantaneous limits if it is deemed necessary to assure protection of water uses immediately downstream from the point of discharge to the receiving waters.

6.4 Waste load allocations for the achievement of water quality standards shall normally be based on a specified low flow. The design flow for this purpose shall be the minimum mean 7-consecutive day flow with a 10-year return frequency.

6.5 In cases where a waste discharge is proposed to a wet weather stream, the allocation shall define the treatment plant effluent quality which will not affect designated uses of downstream waters in the nearest downstream segment of the stream but in no case less than the established water quality standard for this segment.

6.6 More stringent requirements may be specified by the Chief "where necessary to protect downstream uses or where special conditions such as recreation or water supply impoundments or danger to aquatic or animal life exists.

6.7 A waste load allocation may be denied when the assimilative capacity of the receiving waters is being fully utilized or if the additional waste load would result in a violation of water quality standards.

6.8 Waste load allocations are not required prior to an application to dispose of treated domestic sewage effluents by land treatment and disposal methods. Applications for a Water Pollution Control Permit for such purpose will be reviewed on a case-by-case basis, Such systems may require a Water Pollution Control Permit from the Chief, Division of Water Resources.

6.9 United States Geological Survey data may be used in determining the mean 7-consecutive day drought flows with a 10-year recurrence interval but does not preclude the use of other reliable data systems as they become available.

Notes

W. Va. Code R. § 46-03-6