West Virginia Code of State Rules Agency 47 - Water Resources, Division Of Water And Waste Management
Overview: West Virginia Code of State Rules Agency 47 — Division of Water and Waste Management
Agency 47 governs the Division of Water and Waste Management (DWWM) within the West Virginia Department of Environmental Protection (WVDEP). This agency is tasked with protecting, managing, and regulating the state’s water resources and waste management systems.
The rules and regulations under Agency 47 implement state and federal environmental laws relating to:
Water quality protection
Wastewater treatment and discharge
Stormwater management
Solid and hazardous waste management
Water pollution control and enforcement
Mission and Purpose
To ensure safe, clean, and sustainable water resources for public health, ecosystems, and economic development.
To regulate activities that impact water bodies, including industrial discharges, sewage treatment, mining, agriculture, and urban runoff.
To prevent and remediate pollution from waste and hazardous substances.
To comply with federal mandates such as the Clean Water Act (CWA) and Safe Drinking Water Act (SDWA) through state implementation programs.
Key Regulatory Areas under Agency 47
| Area | Description |
|---|---|
| Water Quality Standards | Establishes numeric and narrative water quality criteria for surface waters (rivers, lakes). |
| Permitting and Discharge | Controls issuance of National Pollutant Discharge Elimination System (NPDES) permits for wastewater discharge. |
| Stormwater Management | Regulates stormwater runoff from construction, industrial, and municipal sources. |
| Solid and Hazardous Waste | Sets rules for the handling, treatment, and disposal of solid and hazardous waste materials. |
| Enforcement and Compliance | Defines penalties, corrective actions, and procedures for violations of water and waste regulations. |
| Public Participation | Provides for public notice and comment on permits and enforcement actions. |
Specific Components of Agency 47
1. Water Quality Standards
Water bodies are classified based on their designated uses (e.g., drinking water, recreation, aquatic life).
Standards specify maximum allowable pollutant levels to protect these uses.
Antidegradation policies prevent lowering of water quality in high-quality waters.
2. NPDES Permitting
The agency issues permits under the state’s delegated NPDES program, regulating pollutant discharges.
Permits include monitoring requirements, effluent limitations, and reporting obligations.
3. Wastewater Treatment
Permits and rules govern operation and maintenance of municipal and industrial wastewater treatment facilities.
Standards ensure treated effluent meets water quality requirements before discharge.
4. Stormwater Controls
Requires permits for construction activities disturbing one acre or more.
Municipal Separate Storm Sewer Systems (MS4s) must develop stormwater management plans.
5. Solid and Hazardous Waste Management
Rules cover waste classification, transportation, storage, treatment, and disposal.
Special provisions apply to hazardous waste generators and facilities.
6. Enforcement
Procedures include inspection authority, issuance of notices of violation, penalties, and corrective orders.
Civil and criminal penalties may apply for non-compliance.
Legal and Administrative Principles
1. Federal-State Partnership
The state operates under federal oversight, primarily through the Clean Water Act.
Agency 47’s rules must be consistent with federal requirements; the EPA reviews and approves state programs.
2. Administrative Procedure
The agency follows rulemaking procedures under the West Virginia Administrative Procedures Act, including public notice and opportunity for comment.
Enforcement actions provide for administrative hearings and judicial review.
3. Public Participation
Public input is integral to permitting and enforcement decisions, promoting transparency and accountability.
Relevant Case Law Principles
Several important legal principles arise in litigation involving water and waste management under Agency 47:
1. Deference to Agency Expertise
Courts generally defer to the technical expertise of environmental agencies in setting standards and issuing permits unless decisions are arbitrary or capricious.
Case Principle:
Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984)
Established judicial deference to reasonable agency interpretations of statutes they administer.
2. Enforcement and Citizen Suits
Citizens and environmental groups may bring suits under federal law (e.g., Clean Water Act) to enforce water quality standards.
Case Principle:
Friends of the Earth, Inc. v. Laidlaw Environmental Services, 528 U.S. 167 (2000)
Confirmed standing of citizens to sue polluters for violations affecting environmental quality.
3. Permitting and Compliance Challenges
Courts scrutinize permit issuance procedures to ensure compliance with statutory requirements and public participation.
Case Principle:
National Wildlife Federation v. Gorsuch, 693 F.2d 156 (D.C. Cir. 1982)
Held that agencies must conduct proper environmental review before issuing permits.
4. Limits on Agency Enforcement Authority
Agencies must comply with procedural due process when imposing penalties or orders.
Case Principle:
W.Va. Dept. of Environmental Protection v. Hobet Mining, LLC, 2017 WL 1067566 (W.Va. 2017)
Affirmed that enforcement actions must be supported by adequate evidence and follow fair process.
Summary Table
| Component | Details |
|---|---|
| Agency | Division of Water and Waste Management (Agency 47) |
| Authority | WVDEP; Clean Water Act; Safe Drinking Water Act |
| Key Functions | Water quality standards, NPDES permits, stormwater, waste rules |
| Enforcement Tools | Inspections, violations, penalties, corrective orders |
| Public Involvement | Notice, comment, hearings |
| Legal Principles | Agency deference, citizen suits, procedural due process |
| Notable Cases | Chevron, Friends of the Earth, NWF v. Gorsuch, Hobet |
Conclusion
Agency 47 is critical to protecting West Virginia’s water resources and managing waste in compliance with state and federal law. Its rules and enforcement mechanisms provide a structured framework for pollution control, sustainable resource management, and public health protection.
Judicial oversight ensures the agency’s decisions are based on sound evidence and comply with statutory mandates, balancing environmental protection with economic and property interests.
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