September 16, 2019

September 16, 2019

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West Virginia DEP Opens Comment Period for NPDES Construction Stormwater Permit

The West Virginia Department of Environmental Protection is proposing to modify the General WV/National Pollutant Discharge Elimination System (NPDES) Water Pollution Control Permit for Stormwater Associated with Construction Activities WV/NDPES Permit No. WV0115924. This permit will affect the land development in West Virginia. Authorization under the WV/NDPES Construction Stormwater General Permit is required prior to the disturbance of a construction site one acre or greater in West Virginia. 

The 2019 Construction Stormwater General Permit was issued January 10, 2019 and became effective February 9, 2019. Several industry groups challenged the permit through the Environmental Quality Board (EQB) appeal process. On May 31, 2019, a settlement agreement was signed by the EQB. This permit modification is being proposed in accordance with the agreed Settlement Order(s) 19-03-EQB and 19-06-EQB. The public comment period began on 8/9/2019 and ends 9/13/2019. 

West Virginia land developers should be aware of the transition period for pre-February 9, 2019 projects to complete work or obtain coverage under the Modified Permit (ending February 9, 2020 unless an extension is granted by the Director). The 12-month period can be extended for 6 months with approval from the Director. The 2012 Permit terms and conditions apply during the transition period. If work cannot be completed prior to the end of the transition period for your project, you must apply for coverage under the new permit 60 days prior to the end of the transition period. The modified permit includes a number of favorable changes that they may wish to support through comments.

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About this Author

Laura M. Goldfarb, Environmental Attorney, Steptoe Johnson PLLC Law Firm
Member

Laura Goldfarb helps clients resolve their environmental policy, regulation, and enforcement problems. Prior to joining Steptoe & Johnson, Ms. Goldfarb was Assistant Counsel at the West Virginia Department of Environmental Protection, where she represented the agency in a variety of matters relating to the state's environmental programs, and drafted regulatory and statutory environmental provisions for the State of West Virginia.

304-353-8177
Allyn G. Turner , Environment and Life Sciences Lawyer, International Regulation
Of Counsel

Allyn Turner concentrates her practice in the areas of environmental law, environmental litigation, administrative law, and environmental policy issues.  Her practice involves permitting, enforcement, state and federal water, 404 permitting, and 401 certifications issues, and advising on environmental matters for coal, oil and gas, industrial, municipal and commercial interests, state Environmental Quality Board and Surface Mine Board appeals, state and federal court litigation, drafting legislation, and assisting clients' involvement in West Virginia legislative and rulemaking processes.  Ms. Turner also has extensive regulatory experience, having previously served as Director of the West Virginia Department of Environmental Protection's Division of Water and Waste Management as well as the Department's Managing Attorney for its Office of Legal Services.

304-353-8167