Ala. Admin. Code r. 335-6-10-.04

Current through Register Vol. 42, No. 11, August 30, 2024

Section 335-6-10-.04 - Antidegradation Policy

(1) The purpose and intent of the water quality standards is to conserve the waters of the State of Alabama and to protect, maintain and improve the quality thereof for public water supplies, for the propagation of wildlife, fish and aquatic life, and for domestic, agricultural, industrial, recreational and other legitimate beneficial uses; and to provide for the prevention, abatement and control of new or existing water pollution.

(2) Existing instream water uses and the level of water quality necessary to protect the existing uses shall be maintained and protected. Uses and the water quality to support such uses were established through public participation in the initial establishment, and periodic review, of water quality standards. Should the Department determine that an existing use is not encompassed in the classification of a waterbody, that use shall be recognized.

(3) Where the quality of the waters exceed levels necessary to support propagation of fish, shellfish, and wildlife and recreation in and on the water, that quality shall be maintained and protected, except that a new or increased discharge of pollutants may be allowed, after intergovernmental coordination and public participation pursuant to applicable permitting and management processes, when the person proposing the new or increased discharge of pollutants demonstrates that the proposed discharge is necessary for important economic or social development. In such cases, water quality adequate to protect existing uses fully shall be maintained. All new and existing point source discharges shall be subject to the highest statutory and regulatory requirements, and nonpoint source discharges shall use best management practices adequate to protect water quality consistent with the Department's nonpoint source control program.

(4) Where high quality waters constitute an outstanding National resource, such as waters of national and state parks and wildlife refuges and waters of exceptional recreational or ecological significance, that water quality shall be maintained and protected.

(5) Developments constituting a new or increased source of thermal pollution shall assure that such release will not impair the propagation of a balanced indigenous population of fish and aquatic life.

(6) In applying these policies and requirements, the State of Alabama will recognize and protect the interests of the federal government. Toward this end the Department will consult and cooperate with the Environmental Protection Agency on all matters affecting the federal interest.

Author: James E. McIndoe

Ala. Admin. Code r. 335-6-10-.04

Originally Adopted: May 5, 1967. Amended: June 19, 1967. Amended: July 17, 1972. Amended: February 26, 1973. Amended: May 30, 1977. Amended: December 19, 1977. Amended: February 4, 1981. Amended: Filed January 26, 1990; effective March 2, 1990. Amended: Filed February 27, 1991; effective April 3, 1991.

Statutory Authority:Code of Ala. 1975, §§ 22-22-9, 22-22A-5, 22-22A-6, 22-22A-8.