Compliance Monitoring personnel of the Department of Environmental Protection have noted that a number of NPDES facilities have misunderstood several permit requirements. It is hoped that this manual will provide information to the permit holders and plant operators in order to clarify common misconceptions and errors. Included are instructions providing assistance in the completion of the WV/NPDES Discharge Monitoring Reports (DMR) required by your WV/NPDES permit.
THIS MANUAL IS NOT A SUBSTITUTE FOR HAVING A THOROUGH KNOWLEDGE OF ALL THE REQUIREMENTS OF YOUR NPDES PERMIT. YOU MUST THOROUGHLY READ YOUR PERMIT AND ADHERE TO ALL REQUIREMENTS. IT IS THE PERMITTEE’S RESPONSIBILITY TO ENSURE DMR’S ARE PROPERLY COMPLETED AND RECORDS MAINTAINED, AND THAT ALL PERMIT REQUIREMENTS ARE UPHELD.
It is the permit holder’s legal responsibility to provide accurate monitoring information and maintain records as required. Failure to uphold this responsibility is subject, but not limited, to the following liabilities, as noted in Section C.14 (or Appendix AI.14 in newer permits) of all WV/NPDES permits:
- Any person who violates a permit condition implementing sections 301, 302, 306, 307, 308, 318 or 405 of the Clean Water Act is subject to a civil penalty not to exceed $10,000 per day of such violation. Any person who willfully or negligently violates permit conditions implementing sections 301, 302, 306, 307, 308 of the Clean Water Act is subject to a fine of not less than $2,500 nor more than $25,000 per day of violation, or by imprisonment for not more than 1 year, or both.
- Any person who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required to be maintained under permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than 6 months per violation, or by both.
- Any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than 6 months per violation, or by both.
- Nothing in C.14 (or Appendix A.I.14) a), b) and c) shall be construed to limit or prohibit any other authority the Director may have under the State Water Pollution Control Act, Chapter 22, Article 11.