Okla. Admin. Code § 252:730-5-2

Current through Vol. 41, No. 19, June 17, 2024

Section 252:730-5-2 - Beneficial uses: existing and designated

(a) Beneficial uses are designated for all waters of the state. Such uses are protected through the restrictions imposed by the antidegradation policy statement, narrative criteria and numerical standards. Some uses require higher quality water than others. When multiple uses are assigned to the same waters, all such uses shall be protected. Beneficial uses are also protected by permits or other authorizations issued to meet these Standards for point sources and through practical management or regulatory programs for nonpoint sources. The criteria to protect the beneficial uses designated in OAC 252:730-5-3 or in Appendix A of this Chapter for certain surface waters of the state are described in sections OAC 252:730-5-10 through OAC 252:730-5-20 of this Chapter.

(b) Beneficial uses designated in OAC 252:730-5-3 or in Appendix A of this Chapter for certain surface waters of the state may be downgraded to a lower use or removed entirely, or subcategories of such designated uses may be established, if:

(1) the use, despite being designated, is not a use which is or has been actually attained in the water body on or after November 28, 1975; and

(2) for the use of Fish and Wildlife Propagation, Primary Body Contact Recreation or Secondary Body Contact Recreation, or any subcategory of such use or uses, it is demonstrated to the satisfaction of DEQ and the U.S. E.P.A. that attaining the designated use is not feasible because:

(A) naturally occurring pollutant concentrations prevent the attainment of the use, or

(B) natural, ephemeral, intermittent or low flow conditions or water levels prevent the attainment of the use, unless these conditions may be compensated for by the discharge of sufficient volume of effluent discharges without violating state water conservation requirements to enable uses to be met, or

(C) human caused conditions or sources of pollution prevent the attainment of the use and cannot be remedied or would cause more environmental damage to correct than to leave in place, or

(D) dams, diversions or other types of hydrologic modifications preclude the attainment of the use, and it is not feasible to restore the water body to its original condition or to operate such modification in a way that would result in the attainment of the use, or

(E) physical conditions related to the natural features of the water body, 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, or

(F) controls more stringent than those required by sections 301(b) and 306 of the federal Clean Water Act as amended would result in substantial and widespread economic and social impact; and

(3) such downgrade, removal, or establishment of a subcategory will maintain or improve the quality of water affected.

Okla. Admin. Code § 252:730-5-2

Adopted by Oklahoma Register, Volume 40, Issue 6, December 1, 2022, eff. 10/25/2022 (emergency)

Adopted by Oklahoma Register, Volume 40, Issue 24, September 1, 2023, eff. 9/15/2023