The Division of Water and Waste Management implements programs to control surface water pollution caused by point source discharges of wastewater from public and private sewage collection and treatment systems, industrial wastewater treatment facilities, and municipal and industrial landfills. The terms and conditions of individual WV/NPDES Permits require the installation, operation and maintenance of appropriate wastewater treatment technology, and protect and enhance the quality of the West Virginia waters.
The individual WV/NPDES permit process takes up to six months to complete, and includes the development and advertisement of a Draft Permit, and opportunity for the public to comment and to request a public hearing. Application fees range from $50 to $15,000, and are dependent on the type of facility regulated by the permit, the characteristics of the wastewater discharge, and the volume of wastewater associated with the discharge.
Additionally, individual WV/NPDES Permits are subject to Annual Permit Fees ranging from $50 - $5,000.
Related Forms and Guidance
This Permit is for the installation, operation and maintenance of a disposal system or part thereof, for the direct discharge of industrial wastes into waters of the State. A wide range of industrial facilities may be subject to regulation under an individual WV/NPDES Water Pollution Control Permit. Those industrial facilities that are not eligible for coverage under any available General Permit must obtain an individual Permit. The individual Permit may regulate the discharge of toxic and/or conventional pollutants associated with the discharge. Compliance with the more stringent of technology-based and water quality-based effluent limitations is required. The Permit will also contain requirements designed to protect and improve groundwater. A Groundwater Pollution Prevention Plan (GPP) must be prepared for all industrial facilities.
*Only required if sewage is treated
Animal feeding operations (AFOs) are agricultural enterprises where animals are kept and raised in confinement. The largest of these agricultural enterprises are defined as CAFOs. CAFOs are defined by the Clean Water Act as “point sources”. Therefore, AFOs that meet the definition of a CAFO, or that are designated a CAFO by the Director of the Division of Water and Waste Management (DWWM) are required to obtain coverage under a WV/NPDES water pollution control permit.
CAFO’s (either defined or designated) that discharge or have the potential to discharge shall be required to obtain coverage under a WV/NPDES permit. CAFO’s must also develop and implement a Nutrient Management Plan (NMP) and the NMP must be submitted as a part of their CAFO NPDES permit application. Nutrient Management Plans are considered one of the most important elements of a CAFO NPDES application/permit and the purpose of these plans is to properly control the runoff of manure, litter, and process wastewater off of CAFO-controlled lands.
Regulations are found at 40 CFR 403. Similar State Regulations are found at 47 CSR 10.14. Federal, Categorical Pretreatment Standards (technology-based pretreatment standards applicable to specific industrial categories) are found at 40 CFR 405 - 40 CFR 471.
In West Virginia, POTWs greater than 5.0 MGD in design are required to develop and implement a POTW Pretreatment Program that meets the requirements of 40 CFR 403.8. The individual WV/NPDES Permit for the POTW includes requirements for the POTW to issue permits to Significant Industrial Users (SIUs) of its system, inspect and sample the contributions of SIUs, and initiate enforcement actions against noncompliant industrial users.
The Office assumes the role of pretreatment "Control Authority" for POTWs less than 5.0 MGD in design. Such POTWs must receive approval from the Office of Water Resources before accepting any new source of nondomestic wastewater. This is accomplished through the Permit Modification process. A POTW provides information on the quantity and characteristics of the new nondomestic wastewater that they desire to accept and the Office evaluates the potential for the new discharge to cause pass through or interference. Indirect discharge limitations to prevent adverse impact are developed and the Permit Modification authorizes acceptance contingent upon compliance with the indirect discharge limitations and self-monitoring requirements.
This permit is for the installation, operation and maintenance of a disposal system or part thereof, for the direct or indirect discharge of treated sewage into the waters of the State. It is applicable to private sewage treatment facilities and Publicly Owned Treatment Works (POTWs), although terms and conditions may vary by facility type. Any size sewage treatment facility may be regulated by an individual WV/NPDES Permit, but small facilities (less than or equal to50,000 GPD) should review information on the available General Permit. Owners/operators of small facilities will prefer registration under the General Permit due to its less burdensome application requirements and lower application fees.
All individual Permits contain effluent limitations that require compliance with the BOD-5-,TSS, and pH standards of the Secondary Treatment Regulations of 40 CFR 133. More stringent water quality-based effluent limitations for BOD-5 and Nitrogen may be imposed in Permits where such are required to protect the dissolved oxygen water quality standard in the receiving stream. Permits may also contain water quality based effluent limitations for Fecal Coliform, Total Residual Chlorine, Copper, Lead, Zinc, or any other toxic pollutant expected present in the discharge in amounts that could violate Water Quality Standards. Permits for POTWs may also include requirements for the control of Combined Sewer Overflows (CSOs) and Sanitary Sewer Overflows (SSOs), the control of indirect discharges to the POTW, the development and implementation of POTW Pretreatment Programs, where required, and requirements for the proper disposal or reuse of biosolids. A wasteload allocation must be otained for each permit application.
*May be required if the facility is new or is proposed.
Many NPDES permits, including most sewage permits, require that the applicant obtain a waste load allocation for the proposed discharge point prior to permit application. Please contact the individual permit contacts to determine if a wasteload allocation may be required.