WV Precipitation Zones

WV Generic Groundwater Protection Plan (GPP)

WV Extension Letter Signed Construction Stormwater General Permit

WV Final Construction Stormwater General Permit Fact Sheet

WV Construction Stormwater Responsiveness Summary

WV Construction Stormwater General Permit

WV Public Notice Sign Requirements

WV Permit Registration Transfer Form

WV Erosion and Sediment Control BMP Manual

WV Endangered Threatened Species List Attachment A

WV Construction Stormwater Site Registration Instructions (3 Acres or Greater)

WV Construction Stormwater Site Registration Application Form (3 Acres or Greater)

WV Construction Stormwater Notice of Termination

WV Construction Stormwater NOI Instructions

WV Construction Stormwater NOI Form

WV Chesapeake Bay TMDL Addendum Form

WV BMP Inspection Form

WV Chapter 2 SW Regulatory Framework WV Stormwater Manual

WV Standard Post Construction Stormwater BMP Evaluation Form

WV Operation and Maintenance (OM) Manual

WV Oil and Gas Site Registration Application Form

WV Oil and Gas Site Registration Application Form Instructions

WV Oil and Gas Oil and Gas Construction Stormwater Fact Sheet

WV Oil and Gas NOI Instructions

WV Oil and Gas NOI Form

WV Oil and Gas Construction Stormwater Responsive Summary

WV Oil and Gas Construction Stormwater General Permit

WV Oil and Gas Construction Stormwater General Permit EQB Order

WV Stormwater Management and Design Guidance Manual

WV NPDES MS4 General Permit

WV NPDES MS4 Fact Sheet Revised

WV Municipal SIC Codes Listing

WV MS4 Listing Includes Waived Municipalities With Permit Number

WV MS4 Annual Reporting Form Instructions

WV MS4 Annual Report Form

WV EPA Getting In Step Guide for Conducting Watershed Outreach Campaigns

WV CWP Monitoring to Demonstrate Environmental Results

WV CWP Manual 9 Pollution Prevention and Good Housekeeping

WV CWP Manual 8 Pollution Source Control Practices

WV CWP Manual 4 Urban Stream Repair Practices

WV CWP Manual 3 Urban Stormwater Retrofit Practices

WV CWP Manual 1 Framework to Restore Small Urban Watersheds

WV CWP IDDE Manual

WV CWP Developing your SWPPP A Guide for Construction Sites

WV MS4 Understanding Impaired Waters and TMDL Requirements

WV MS4 The Value of Green Infrastructure Guide

WV MS4 Incorporating ESD into Municipal SW Programs

WV MS4 Funding SW Programs

WV MS4 Extended Filtration Memo

WV MS4 Evaluating Effectiveness of Municipal SW Program

WV Multi-Sector Stormwater Site Registration Form

WV Multi-Sector No Exposure Form Instructions

WV DEP WV0111457 Multi-Sector Stormwater General Permit (MSGP)

WV Multi-Sector Stormwater General Permit Fact Sheet

WV Multi-Sector Stormwater Site Registration Instructions

WV Multi-Sector Stormwater Annual Certification Form

WV Multi-Sector Stormwater Effluent Limit Guideline Modification

WV Generic SWPPP

WV Generic Groundwater Protection Plan

West Virginia Stormwater Permit Application Process

All owners, operators and permittees seeking coverage under the West Virginia NPDES Water Pollution Control General permit must develop and submit a Stormwater Pollution Prevention Plan (SWPPP) along with a general permit application at least 60 days prior to any ground disturbing activities to the Division of Water and Waste Management (DWWM).  In addition a Groundwater Protection Plan (GPP) must also be developed and can be combined with the SWPPP and submitted as a single document.  During the 60 day application review period if any application and or SWPPP requirements are found to be insufficient the applicant will be notified of such problems.  Once notifications of this sort have been administered the applicant will have 30 days to make the essential changes. For application insufficiencies involving sediment and erosion controls for an active construction site the applicant will have 24 hours to make required changes.   

-Exceptions to standard application process

>Construction projects whose site discharge does not run into Tier 3 waters and whose land disturbing activities encompass less than three (3) acres can apply for coverage under the general permit by submitting only a Notice of Intent (NOI) to the DWWM.  In such a case the NOI form must be submitted 15 days prior to any land disturbing activities.

>Construction projects whose duration will last longer than one (1) year and whose land disturbance encompasses one (1) but less than three (3) acres must submit a Site Registration Application (SRA) 60 days before any land disturbing activities.  SRA’s require an application fee that varies in amount depending on which precipitation zone a construction project is located in and the amount of acres the construction project will disturb.  (A list of fee determinants and parameters is located on the West Virginia Department of Environmental Protection website).

>Construction projects whose land disturbing activities encompass fewer than three (3) acres and that has site discharge that runs into waters upstream of Tier 3 waters must submit an NOI and a SWPPP to the DWWM 60 days preceding any earth disturbing activities. 

>Larger construction projects estimated to disturb a land area of 100 acres or more must submit the General Permit application along with a SWPPP 100 days prior to any earth disturbing activities to the DWWM. The reason for this extended application review period is to allow enough time for the public notice procedure.  Construction projects whose discharge runs into Tier 3 waters and construction projects that have a grading phase that lasts more than one cumulative year are under the same application process as projects disturbing a land area of 100 acres or more.

The submitting of NOI’s, SWPPP’s, SRA’s, and General Permit applications is done electronically online through a mandatory ePermitting process through the WV DEP website (https://apps.dep.wv.gov/eplogin.cfm).  If an applicant is unable to submit the necessary documents electronically they must apply for hard copy submittal.  Upon approval of a hard copy submittal, necessary documents can be mailed to DWWM, address (Construction/NPDES 601 57^th Street, SE Charleston, WV 25304) along with an NOI submission fee of $300 dollars. 

Once an NOI and or an SRA has been submitted to the DWWM the applicant has within 24 hours to post the required construction activity sign near the entrance of the construction site.  This sign must include the following

-The name and telephone number of a contact person (usually the registrant)

-A concise narrative of the construction project

-A declaration that the NOI or SWPPP are valid and have been approved by the DWWM

-The address and telephone number of where the NOI or SWPPP is kept and modified

-A statement saying that any person can obtain a copy of the NOI or SWPPP by contacting the DWWM, their telephone number is (800-654-5227)

The sign must be at least two (2) feet by two (2) feet and be at least three (3) feet above ground level in plain sight of a public roadway or right of way.

West Virginia Storm Water Pollution Prevention Plan Requirements

A Storm Water Pollution Prevention Plan (SWPPP) and a Groundwater Protection Plan (GPP) must be developed for each construction site covered under the West Virginia NPDES Water Pollution Control General Permit.  The GPP can be combined with the SWPPP into a single document as long as the requirements for both plans are met, but the GPP is not required to be submitted to the DWWM as a separate document for evaluation.  SWPPP’s must be developed using good engineering practices.  SWPPP’s must recognize possible sources of construction site pollutants that if discharged from the site would be anticipated to degrade the quality of Stormwater runoff.  In addition, SWPPP’s should outline systems put in place to reduce pollutants that may make their way into storm water discharges.  The GPP must be developed following the requirements stated within 47CSR58-4.11 (Groundwater Protection Regulations) and the Code of West Virginia and Legislative Rule Title 47 Series 58 (Groundwater Protection Rule).  The GPP must recognize any construction activities that could pollute ground water sources.  In addition, the GPP must outline the practices implemented to protect ground water resources from the possible site sources of pollution. 

The Storm Water Pollution Prevention Plan (SWPPP) is required to contain the following:

1.      A description of the type and nature of the construction activity taking place, along with a schedule of relevant construction activities  

2.      Approximations of the area that the site encompasses and parts of the site predicted to undergo excavation or grading.  The total amount of excavation by cut and fill must also be approximated

3.      Calculations of the pre-construction peak discharge from a one year, 24-hour storm in cubic feet per second and post-development peak discharge from a one year, 24 hour storm in cubic feet per second must be calculated for each discharge design point.

4.      Compliant site maps designating the following:

-Drainage patterns and slopes pre-construction and expected conditions after grading   activities

-Topsoil stockpiles

-Waste areas

-Borrow sites

-Locations of sediment control identified in the site description

-Location of impervious areas after construction is complete

-Final stormwater conveyance incorporating ditches and pipe systems

-Property boundaries and easements

-Nearest receiving stream, springs, surface water

-Access roads

-A site map legend

5.   A narrative including the features of all intended construction site entrances and exits   

6.   A narrative of erosion and sediment controls tailored to the sites nature and needs along with an execution plan for such controls. Controls section includes:

-A narrative of temporary and lasting erosion and sediment control vegetative practices along with an implementation timetable of such practices. Include records of when major grading events will happen. Include records of when construction activities momentarily or permanently stop on portions of the construction site. Include a timetable of when site stabilization measures will be implemented (Site stabilization measures must be implemented as soon as possible in segments of the site where construction has momentarily or permanently ceased, must be within 7 days after construction activity has ceased.)

-A narrative of the structural practices used to eliminate sediment-laden site run-off. Examples   of structural practices (check dams, earth dikes, silt fences, and pipe slope drains)

-Any use of treatment chemicals including but not limited to polymers and flocculants, must be documented with the specifications of the chemical treatment.

7.   A narrative of waste the site will create/store and a disposal plan that is in accordance with the Code of West Virginia and Legislative Rule Title 33 Series 1, (Solid Waste Management Rule)

8.  Preventative maintenance procedures: a preventative maintenance program includes inspection and maintenance of sediment and erosion control best management practices (BMP’s) in order to identify possible sources of BMP failure

9.  Detailed records of the quality and quantity of construction site storm water discharges

10. Site maintenance records of when sediment and erosion controls are in need of repair and when they are repaired

11. Detailed records of all site inspections.  Erosion and Sediment control measures and other protective devices included in the site plan must be inspected every 7 calendar days or 24 hours after a rain event

12. Spill prevention and response procedures: this section includes areas where spills are most likely to happen and where those areas discharge drains into, detailed material handling procedures and storage requirements, spill clean-up procedures and locations of spill kits.

13. Detailed records of construction site incidents, like chemical spills, and internal reporting procedures tailored to such incidents

14. Good Housekeeping measures that require diligent maintenance of the site to ensure a clean and organized project site

15. Employee training programs must be implemented to educate those involved how to adhere to the goals of the SWPPP, proper good housekeeping, spill response procedures, and conducting routine inspections. Records of training must be maintained within the SWPPP

Note: The permittee must modify the SWPPP whenever a change in design, construction, scope of operation, and maintenance occurs that has the potential to pollute stormwater discharge and/or negatively affect site drainage patterns. Upon a field inspection by the Director or a director representative, if any facets of the site are deemed insufficient changes to the SWPPP maybe requested.     

Note: Projects in areas that have local government requirements that differ from WV state requirements must adhere to required criteria.  Compliance with the General Permit does not ensure compliance with local government criteria.

All SWPPP’s and GPP’s under the WV General National Pollutant Discharge Elimination System Water Pollution Control Permit are deemed reports that must be accessible for review by the public under Section 308(b) of the Clean Water Act (CWA).

West Virginia Construction Stormwater- Credential Requirements

Employees of the construction project are required to go through training programs to educate them on how to adhere to the goals and parameters of the SWPPP, proper good housekeeping, spill response procedures, and conducting routine site inspections and maintenance.       

Mid Atlantic
Elizabeth Ottinger
Email Elizabeth »
(215) 814-5783
US EPA, Region 03
1650 Arch St(3WP41)
Philadelphia, PA, 19103-2029