11 Miss. Code. R. 6-2.3

Current through December 10, 2024
Rule 11-6-2.3 - Waterbody Classifications and Water Quality Criteria
A.PUBLIC WATER SUPPLY CLASSIFICATION:

Waters in this classification are a source of raw water supply for drinking and food processing purposes. The water treatment process shall be approved by the Mississippi State Department of Health. The raw water supply shall be such that after the approved treatment process, it will satisfy the regulations established pursuant to Section 1412 of the Public Health Service Act as amended by the Safe Drinking Water Act ( 42 U.S.C. §§ 300f to 300j-27 ). Information regarding surface water intakes for Public Water Supply is provided in Table 3.

Table 3. Mississippi Surface Water Intakes for Public Water Supply

Waterbody

Name

Location

Status

Bonita Reservoir

City of Meridian

Lauderdale County

Inactive

Long Creek Reservoir

City of Meridian

Lauderdale County

Inactive

Luxapallila Creek

Columbus Light and Water

Lowndes County

Inactive

Okatibbee Reservoir

Pat Harrison Waterway District

Lauderdale County

Inactive

Pascagoula River

Jackson County Port Authority

Jackson County

Active

Pickwick Lake

(Yellow Creek Embayment)

Short Coleman Park Water Association

Tishomingo County

Inactive

Ross Barnett Reservoir Pearl River

City of Jackson

Hinds County

Active

Tenn-Tom Waterway

City of Corinth Gas and Water Department

Tishomingo County

Active

Tombigbee River

NE MS Regional Water Supply District

Itawamba County

Active

Waters that meet the Public Water Supply criteria shall also be suitable for secondary contact recreation. Secondary contact recreation is defined as incidental contact with the water during activities such as wading, fishing, and boating, that are not likely to result in full body immersion. In considering the acceptability of a proposed site for the discharge of wastewater in or near waters with the Public Water Supply Classification, the Permit Board shall consider the relative proximity of the discharge to water supply intakes.

(1)Bacteria: Culturable e.coli shall not exceed a geometric mean of 126 per 100 ml over a 30-day period, nor shall the samples examined during a 30-day period exceed 410 per 100 ml more than 10% of the time. There should be a minimum of 5 samples taken over a 30-day period with no less than 12 hours between individual samples.
(2)Chlorides (Cl): There shall be no substances added which will cause the chloride content to exceed 230 mg/l in freshwater streams.
(3)Specific Conductance: There shall be no substances added to increase the conductivity above 500 micromhos/cm for freshwater streams.
(4)Total Dissolved Solids: There shall be no substances added to the waters that will cause the dissolved solids to exceed 500 mg/l for freshwater streams.
(5)Threshold Odor: There shall be no substances added which will cause the threshold odor number to exceed 24 (at 60° C) as a daily average.
(6)Radioactive Substances: There shall be no radioactive substances added to the waters which will cause the gross beta activity (in the known absence of Strontium-90 and alpha emitters) to exceed 1000 picocuries per liter at any time.
(7)Specific Chemical Constituents: In addition to the provisions in Section 2.2.A.4, the following concentrations (dissolved) shall not be exceeded at any time:

Constituent

Concentration (mg/l)

Barium

2.0

Fluoride

2.0

Lead

0.015

Nitrate (as N)

10.0

B.SHELLFISH HARVESTING CLASSIFICATION

Waters in this classification are for propagation and harvesting shellfish for sale or use as a food product. These waters shall meet the requirements set forth in the latest edition of the National Shellfish Sanitation Program (NSSP) Guide for the Control of Molluscan Shellfish as published by the U.S. Food and Drug Administration. Waters that meet the Shellfish Harvesting criteria shall also be suitable for recreational purposes. In considering the acceptability of a proposed site for the discharge of wastewater in or near waters with this classification, the Permit Board shall consider the relative proximity of the discharge to shellfish harvesting beds.

(1)Bacteria: The median fecal coliform MPN (Most Probable Number) of the water shall not exceed 14 per 100 ml, and not more than 10% of the samples shall ordinarily exceed an MPN of 43 per 100 ml in those portions or areas most probably exposed to fecal contamination during most unfavorable hydrographic and pollutive conditions.
C.RECREATION CLASSIFICATION:

Waters in this classification are to be suitable for recreational purposes, including such water contact activities as swimming and water skiing. In considering the acceptability of a proposed site for the discharge of wastewater in or near waters with this classification, the Permit Board shall consider the relative proximity of the discharge to areas of actual water contact activity.

(1)Bacteria: Culturable e.coli shall not exceed a geometric mean of 126 per 100 ml, nor shall the samples examined during a 30-day period exceed 410 per 100 ml more than 10% of the time. There should be a minimum of 5 samples taken over a 30-day period with no less than 12 hours between individual samples.

For both marine and estuarine coastal recreational waters, enterococci shall not exceed a 90-day geometric mean of 35 per 100 ml, nor shall the samples examined during a 90-day period exceed 130 per 100 ml more than 10% of the time. Coastal recreational waters do not include inland waters upstream of the mouth of a river or a stream having a natural connection to the open sea.

(2)Specific Conductance: There shall be no substances added to increase the conductivity above 1000 micromhos/cm for freshwater streams.
(3) Total Dissolved Solids: There shall be no substances added to the water to cause the dissolved solids to exceed 750 mg/l as a monthly average value, nor exceed 1500 mg/l at any time for freshwater streams.
D.FISH AND WILDLIFE CLASSIFICATION:

Waters in this classification are intended for fishing and should support protection and propagation of fish, aquatic life, and wildlife. Waters that meet the Fish and Wildlife Criteria shall also be suitable for secondary contact recreation. Secondary contact recreation is defined as incidental contact with the water during activities such as wading, fishing, and boating, that are not likely to result in full body immersion.

(1)Bacteria: Culturable e.coli shall not exceed a geometric mean of 126 per 100 ml over a 30-day period, nor shall the samples examined during a 30-day period exceed 410 per 100 ml more than 10% of the time. There should be a minimum of 5 samples taken over a 30-day period with no less than 12 hours between individual samples.

For marine and estuarine waters, enterococci shall not exceed a 90-day geometric mean of 35 per 100 ml, nor shall the samples examined during a 90-day period exceed 130 per 100 ml more than 10% of the time.

(2)Specific Conductance: There shall be no substances added to increase the conductivity above 1000 micromhos/cm for freshwater streams.
(3)Total Dissolved Solids: There shall be no substances added to the waters to cause the dissolved solids to exceed 750 mg/l as a monthly average value, nor exceed 1500 mg/l at any time for freshwater streams.
E. MODIFIED FISH AND WILDLIFE CLASSIFICATION:

Waters in this classification are intended to support water quality appropriate for a modified population of fish, aquatic life, and wildlife that are limited or substantially degraded due to alternations of the physical habitat, hydrology, or water quality based on one or more 40 CFR 131.10(g) factors. Waters within this classification share the same water quality criteria as Fish and Wildlife waters with the exception of any modified criteria (narrative or numeric) that have been established for a waterbody or waterbody segment. Waters that meet the Modified Fish and Wildlife criteria shall also be suitable for fish consumption and secondary contact recreation. Waters classified as Modified Fish and Wildlife must also protect the attainment of water quality standards within downstream waters.

F. DRAINAGE WATERS CLASSIFICATION

Waters within this classification are intended strictly for the drainage of agricultural lands, agricultural irrigation, livestock watering, industrial cooling, or process water supplies. Waters classified as Drainage Waters may contain a transient population of aquatic life when there is suitable habitat for survival of aquatic life. However, typical conditions within these waters are not adequate to support the reproductive cycles for fish and other aquatic life. Waters in this classification can include, but are not limited to, wholly artificial canals or ditches, waterbodies or ditches located behind or influenced by a control structure, or waters which are part of a water control or water management system. One or more of the 40 CFR 131.10(g) factors apply to waters in this class. Waters within this classification share the same water quality criteria as Fish and Wildlife waters with the exception of any modified criteria (narrative or numeric) that have been established for a waterbody or waterbody segment. Waters that meet the Drainage Waters criteria shall also be suitable for fish consumption and secondary contact recreation. Waters classified as Drainage Waters must also protect the attainment of water quality standards within downstream waters.

G. OUTSTANDING MISSISSIPPI WATER (OMW) CLASSIFICATION:

Waters in this classification are high quality waters that constitute an outstanding Mississippi resource. Waters within this classification can include, but are not limited to, waters within national parks, state parks, wildlife refuges, waters of exceptional ecological significance, or waters of high recreational or aesthetic value. Waters within this classification must meet the same water quality criteria as Fish and Wildlife waters with the exception of any site-specific modified criteria that have been established to protect the outstanding features of the waterbody.

(1) Existing point source discharges into an Outstanding Mississippi Water shall be allowed.
(2) New point source discharges or expansions of existing point source discharges shall not be allowed into an Outstanding Mississippi Water unless the permit applicant has conducted a thorough evaluation of all practicable treatment and disposal alternatives and has demonstrated to the satisfaction of the Permit Board that there is no feasible alternative other than to discharge into the Outstanding Mississippi Water.
(3) Effluent limitations for new point source discharges or expansions of existing point source discharges to waters upstream of Outstanding Mississippi Waters shall be established by the Permit Board to be protective of the downstream Outstanding Mississippi Water.
(4) All criteria for protection of aquatic life and human health apply. Specific requirements for toxicity are found in Rule 2.2.F.
(5) Nonpoint source discharges shall use best management practices adequate to protect water quality consistent with the Department's nonpoint source program.
(6) All NPDES permits should be in compliance with all regulations and should require the development of appropriate water pollution reduction plans.
H.EPHEMERAL STREAM CLASSIFICATION:

Waters in this classification do not support a fisheries resource and are not usable for human consumption or aquatic life. Ephemeral streams normally are natural watercourses, including natural watercourses that have been modified by channelization or a manmade drainage ditch, that without the contribution of point source discharges, flow only in direct response to precipitation or irrigation return-water discharge in the immediate vicinity and whose channels are normally above the groundwater table. Physical conditions related to the natural features of the waterbody, such as the lack of a proper substrate, cover, flow, depth, pools, riffles, and the like, unrelated to water quality, preclude attainment of aquatic life protection uses. These streams may contain a transient population of aquatic life during the portion of the year when there is suitable habitat for fish survival. Normally, aquatic habitat in these streams is not adequate to support a reproductive cycle for fish and other aquatic life. Wetlands are excluded from this classification.

Waters in this classification shall be protective of wildlife and humans that may come in contact with the waters. Waters contained in ephemeral streams shall also allow maintenance of the standards applicable to all downstream waters.

(1) Provisions (1), (2), (3), and (5) of Rule 2.2 (Minimum Conditions Applicable to All Waters: Narrative Standards) are applicable except as they relate to fish and other aquatic life. All aspects of provisions 2.2.A.4) and 2.2.F. concerning toxicity will apply to ephemeral streams, except for domestic or compatible domestic wastewater discharges which will be required to meet toxicity requirements in downstream waters not classified as ephemeral. Alternative methods may be utilized to determine the potential toxic effect of ammonia. Acutely toxic conditions are prohibited under any circumstances in waters in this classification.
(2)Dissolved Oxygen: The dissolved oxygen shall be maintained at an appropriate level to avoid nuisance conditions.
(3)Bacteria: The Permit Board may assign bacterial criteria where the probability of a public health hazard or other circumstances so warrant.
(4) Fisheries resource is defined as any waterbody which has a viable gamefish population as documented by the Mississippi Department of Wildlife Fisheries and Parks or has sufficient flow or physical characteristics to support the fishing use during times other than periods of flow after precipitation events or irrigation return water discharge.
(5) "Not usable for human consumption or aquatic life" means that sufficient flow or physical characteristics are not available to support these uses.
(6) "Flow only in response to precipitation or irrigation return water" means that without the influence of point source discharges the stream will be dry unless there has been recent rainfall or a discharge of irrigation return water.
(7) "Protective of wildlife and humans that may come in contact with the waters" means that toxic pollutants shall not be discharged in concentrations that will endanger wildlife or humans.
(8) "Nuisance conditions" means objectionable odors or aesthetic conditions that may generate complaints from the public.

Recommendations for assignment of the Ephemeral Stream classification shall be made to the Commission on Environmental Quality by the Permit Board after appropriate demonstration of physical and hydrological data. The Ephemeral Stream classification shall not be assigned where environmental circumstances are such that a nuisance or hazardous condition would result or public health is likely to be threatened. Alternate discharge points shall be investigated before the Ephemeral Stream classification is considered.

11 Miss. Code. R. 6-2.3

Miss. Code Ann. §§ 49-2-9, 49-2-1, et seq., and 49-17-1, et seq.
Amended 4/8/2016
Amended 9/3/2021