West Virginia Wastewater Variances: What you need to know

Governing Law and Regulations

Water quality standards: West Virginia Regulations (WV Reg.) 46-1-8.3

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Applications: WV Reg. 46-6-5 and WV Reg. 46-6-3.1a to h

Remining activities: WV Reg. 46-6-6

Public hearing: WV Reg. 46-6-6.6

Groundwater standards: WV Reg. 47-57-6

Thermal discharges: WV Reg. 47-10-4

Regulatory Agencies

West Virginia Division of Environmental Protection (DEP) Division of Water and Waste Management

DEP Environmental Quality Board (EQB)

U.S. Environmental Protection Agency (EPA) Region 3

See ADDRESSES & CONTACTS for addresses and telephone numbers.

See national section for basic information and federal regulations.

Comparison: State vs. Federal

Rules. West Virginia generally follows EPA's federal rules for wastewater variances and has also implemented some state-specific requirements for variances based on water quality standards. See the national section WASTEWATER VARIANCES for additional information about the federal wastewater variance regulations under the federal Clean Water Act (CWA).

The state has also implemented variance procedures for remining activities that fall under DEP's permitting program.

Administration and enforcement. DEP's Division of Water and Waste Management administers and enforces water quality standards in West Virginia, including requirements for variance requests. The EQB is responsible for granting variances to remining activities.

State Requirements


WV Reg. 46-1-8.3

Upon receipt of an application, EQB may approve a variance from numeric water quality criteria if it determines that the conditions of the Anti-Degradation Policy under WV Reg. 46-1-4 limit the attainment of one or more specific water quality criteria.

Variances are not transferable ...

>> Read more about Wastewater Variances

State Requirements

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West Virginia Wastewater Variances Resources

Wastewater Variances Products

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