West Virginia Code § 22-6-7

Water pollution control permits; powers and duties of the director;
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penalties.
(a) In addition to a permit for well work, the director, after public notice and an opportunity
for public hearings, may either issue a separate permit, general permit or a permit
consolidated with the well work permit for the discharge or disposition of any pollutant or
combination of pollutants into waters of this state upon condition that such edischarge or
disposition meets or will meet all applicable state and federal water quality standards and
effluent limitations and all other requirements of the director. r
(b) It shall be unlawful for any person conducting activities whicuh are subject to the
requirements of this article, unless that person holds a water pollution control permit
therefor from the director, which is in full force and effect tot:
(1) Allow pollutants or the effluent therefrom, produced by or emanating from any point
source, to flow into the water of this state;
(2) Make, cause or permit to be made any outslet, or substantially enlarge or add to the load
of any existing outlet, for the discharge of pollutants or the effluent therefrom, into the
waters of this state; i
(3) Acquire, construct, install, modify or operate a disposal system or part thereof for the
direct or indirect discharge or deposit of treated or untreated pollutants or the effluent
therefrom, into the waters of this state, or any extension to or addition to such disposal
system;
(4) Increase in volume or concentration any pollutants in excess of the discharges or
disposition specified or permitted under any existing permit;
(5) Extend, modify or add to any point source, the operation of which would cause an
increase in the volume or concentration of any pollutants discharging or flowing into the
waters of the state;
(6) Operate any disposal well for the injection or reinjection underground of any pollutant,
including, but not limited to, liquids or gasses, or convert any well into such a disposal well
or plug or abandon any such disposal well.
(c) Notwithstanding any provision of this article or articles seven, eight, nine or ten of this
chapter to the contrary, the director shall have the same powers and duties relating to
inspection and enforcement as those granted under article eleven, chapter twenty-two of this
code in connection with the issuance of any water pollution control permit or any person
required to have such permit.
(d) Any person who violates any provision of this section, any order issued under this section
or any permit issued pursuant to this section or any rule of the director relating to water
pollution or who willfully or negligently violates any provision of this section or any permit
issued pursuant to this section or any rule or order of the director relating to water pollution
or who fails or refuses to apply for and obtain a permit or who intentionally misrepresents
any material fact in an application, record, report, plan or other document files or required
to be maintained under this section shall be subject to the same penalties for such violations
as are provided for in sections twenty-two and twenty-four, article eleven, chapter twenty-
two of this code: Provided, That the provisions of section twenty-six, article eleven, chapter
twenty-two of this code relating to exceptions to criminal liability shall also eapply.
All applications for injunction filed pursuant to section twenty-two, artircle eleven, chapter
twenty-two of the code shall take priority on the docket of the circuit court in which pending,
and shall take precedence over all other civil cases.
(e) Any water pollution control permit issued pursuant to thits section or any order issued in
connection with such permit for the purpose of implementing the "national pollutant
discharge elimination system" established under the federal Clean Water Act shall be issued
by the chief of the office of water resources of the division in consultation with the chief of
the office of oil and gas of the division and shall be appealable to the environmental quality
board pursuant to the provisions of section twsenty-five, article eleven, chapter twenty-two
and section seven, article one, chapter twenty-two-b of this code.

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