West Virginia Erosion and Sediment Control Requirements

Construction operators disturbing one or more acres must obtain coverage under the WV/NPDES Construction Stormwater General Permit and prepare a Stormwater Pollution Prevention Plan addressing erosion controls, sediment basins, stabilized entrances, and inspection schedules. Surface mining and oil-and-gas operations follow separate but parallel sediment-control rules under §22-3 and §22-6A. The DEP Division of Water and Waste Management enforces statewide standards, and MS4 municipalities must adopt local ordinances at least as stringent as the state benchmark, ensuring uniform protection of streams from sediment pollution.

Failure to install required BMPs or maintain SWPPP records can result in stop-work orders, fines up to $25,000 per day, and required corrective action.