Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 45 - Water Quality Standards Implementation Plan › Subchapter 1 - Water Quality Standards Implementation Plan › Section 35:45-1-2 - Pertinent definitions, abbreviations, and acronyms

Current through Vol. 41, No. 20, July 1, 2024
The following words and terms, when used in this Subchapter,
				  shall have the following meaning, unless the context clearly indicates
				  otherwise:
"303"
means Section 303 of the CWA, which
				  requires states to review and, as necessary, revise their water quality
				  standards at least every three (3) years.
"402"
means Section 402 of the CWA, which
				  establishes the National Pollutant Discharge Elimination System (NPDES).
"AgPDES"
means Agriculture Pollutant Discharge
				  Elimination System, as authorized by Oklahoma Agriculture Pollutant Discharge
				  Elimination System Act, 2 O.S. §
									2A-1
				  et seq.
"Animal Feeding Operation"
means a lot or
				  facility where the following conditions are met:
(A) animals have been, are, or will be
				stabled or confined and fed or maintained for a total of ninety (90)
				consecutive days or more in any twelve-month period, and
(B) crops, vegetation, forage growth or
				post-harvest residues are not sustained in the normal growing season over any
				portion of the lot or facility.
"Animal Waste"
means animal excrement, animal
				  carcasses, feed wastes, process wastewaters, or any other waste associated with
				  the confinement of animals from an animal or poultry feeding operation.
"Appendix F"
means Appendix F of the OWQS, OAC
				  785:45, which has the statistical values of historic data for TDS, chloride,
				  and sulfate for streams in most of the watersheds across the state.
"Background"
means the ambient level of a
				  pollutant relative to a potential source of pollution, and which is
				  characterized by upstream (to the source being investigated) concentrations of
				  a pollutant for surface waters or hydraulically upgradient concentrations for
				  groundwater.
"BMP"
means Best Management Practices, which are
				  schedules of activities, prohibitions on practices, maintenance procedures, and
				  other management practices to prevent or reduce the pollution of waters of the
				  state.
"CAFO"
means Concentrated Animal Feeding
				  Operation, as defined by the Oklahoma Concentrated Animal Feeding Operations
				  Act, 2 O.S. §
										20-41(B)(11).
"CPP"
means the Continuing Planning Process
				  document, submitted by the state to EPA, which describes present and planned
				  water quality management programs and the strategy used by the State in
				  conducting these programs. Information on how the state utilizes the WQS and
				  WQS Implementation Criteria are contained in this document.
"CWA"
means the federal Clean Water Act and
				  amendments.
"CWAC"
as defined in OAC 785:45, means Cool
				  Water Aquatic Community, a subcategory of the beneficial use category "Fish and
				  Wildlife Propagation" where the water quality, water temperature and habitat
				  are adequate to support warm water intolerant climax fish communities and
				  includes an environment suitable for the full range of cool water
				  benthos.
"DEQ"
means the Oklahoma Department of
				  Environmental Quality.
"Discharge"
means any release by leaking,
				  pumping, pouring, emitting, emptying, dumping, escaping, seeping, leaching, or
				  other means of release of wastes or wastewater except as otherwise provided in
				  Section
				  9-204.1 of Title 2 of
				  the Oklahoma Statutes. The term discharge shall not include a distribution of
				  waste water into an irrigation system for the purpose of land application of
				  waste to property, provided the waste does not leave the land application
				  area.
"EPA"
means the federal Environmental Protection
				  Agency.
"Fish and Wildlife Propagation"
means the WQS
				  beneficial use designation for promoting fish and wildlife propagation for the
				  fishery classifications of HLAC, WWAC, CWAC, and Trout Fishery (Put and
				  Take).
"Fish Consumption"
means the WQS beneficial use
				  designation for the protection of human health for the consumption of
				  fish.
"HLAC"
as defined in OAC 785:45, means
				  Habitat-Limited Aquatic Community, a subcategory of the beneficial use category
				  "Fish and Wildlife Propagation" where the water chemistry or habitat are not
				  adequate to support a warm water aquatic community (WWAC).
"HQW"
means High Quality Water, defined as those
				  waters of the state which possess existing water quality which exceeds that
				  necessary to support the propagation of fishes, shellfishes, wildlife, and
				  recreation in and on the water. HQWs must receive special protection against
				  degradation.
"Land Application"
means the application of
				  substances including animal waste and other substances to the land, at approved
				  rates within the capacity of the land or crops.
"LMFO"
means a Licensed Managed Feeding
				  Operation, as defined by the Oklahoma Swine Feeding Operations Act at 2 O.S.
				  §
										20-3(B)(18).
"MDL"
means the Method Detection Limit and is
				  defined as the minimum concentration of an analyte that can be measured and
				  reported with 99% confidence that the analyte concentration is greater than
				  zero. MDL is dependent upon the analyte of concern.
"NOI"
means Notice of Intent.
"Nonpoint Source"
means a source of pollution
				  without a well defined point of origin or a single identifiable source such as
				  an outfall pipe, often involving overland flow of pollutants with storm water
				  or subsurface flow of pollutants with groundwater over a wide area.
"NPDES"
means the National Pollutant Discharge
				  Elimination System, as authorized by Section 402 of the CWA.
"Nutrient-Limited Watershed"
means a watershed
				  of a water body that is designated as nutrient limited in the most recent
				  Oklahoma Water Quality Standards.
"Nutrient-Vulnerable Groundwater"
means
				  groundwater that is designated nutrient-vulnerable in the most recent Oklahoma
				  Water Quality Standards.
"OAC"
means Oklahoma Administrative Code.
"ODAFF"
means the Oklahoma Department of
				  Agriculture, Food, and Forestry.
"ORW"
means Outstanding Resource Water, defined
				  as a water of the state that constitutes an outstanding resource or is of
				  exceptional recreational or ecological significance. ORWs must receive special
				  protection against degradation.
"O.S."
means Oklahoma Statutes.
"OWRB"
means the Oklahoma Water Resources
				  Board.
"PBCR"
means Primary Body Contact Recreation, a
				  WQS beneficial use designation.
"Plan"
means the Water Quality Standards
				  Implementation Plan, or portion thereof, promulgated by ODAFF in this chapter
				  for the programs that affect water quality within ODAFF's jurisdictional areas
				  of environmental responsibility.
"Point Source"
means any discernible, confined
				  and discrete conveyance from which pollutants are or may be discharged such as
				  a discharge pipe (see also definition in OAC 785:45).
"Poultry Feeding Operation"
means a property or
				  facility where the following conditions are met:
(A) poultry have been, are or will be
				confined and fed or maintained for a total of forty-five (45) days or more in
				any twelve-month period,
(B) crops
				vegetation, forage growth or post-harvest residues are not sustained in the
				normal growing season over any portion of the property or facility,
				and
(C) producing over ten (10)
				tons of poultry waste per year.
"PPP"
means Pollution Prevention Plan and is a
				  written plan to control the discharge of pollutants that has been prepared in
				  accordance with industry acceptable engineering and management
				  practices.
"PQL"
means Practical Quantitation Limit and is
				  defined as 5 times the MDL. The PQL represents a practical and routinely
				  achievable detection limit with high confidence.
"PPWS"
means Public and Private Water Supply, a
				  WQS beneficial use designation for the protection of human health for the
				  consumption of water and consumption of fish and water.
"Remediation"
means the removal of pollutants
				  from soil or water by absorption, excavation, pumping, natural attenuation,
				  biological, chemical, or other means or combination of methods.
"Scenic River"
means a river or stream so
				  designated pursuant to the Wild and Scenic Rivers Act. A scenic river is
				  automatically considered an ORW.
"Silviculture"
means the art and science of
				  controlling the establishment, composition, and growth of forests.
"SWS"
means Sensitive Public and Private Water
				  Supply.
"TMDL"
means Total Maximum Daily Load, a
				  written, pollutant-specific and water body-specific plan establishing pollutant
				  loads for point and nonpoint sources, incorporating safety reserves, to ensure
				  that a specific water body will attain and maintain the water quality necessary
				  to support existing and designated beneficial uses. The term also includes
				  consideration of increases in pollutant loads.
"UAA"
means Use Attainability Analysis, an
				  investigation by OWRB of whether a WWAC or CWAC subcategorization (for the Fish
				  and Wildlife Propagation beneficial use) is reasonably attainable.
"USAP"
means Use Support Assessment Protocols,
				  defining how sampling and other data shall be used to determine whether or not
				  a water body is meeting its beneficial uses, as defined at OAC 785:46,
				  Subchapter 15.
"USDA NRCS"
means the United States Department
				  of Agriculture Natural Resources Conservation Service.
"USGS"
means the United States Geological
				  Survey.
"Waters of the State"
means all streams, lakes,
				  ponds, marshes, watercourses, waterways, wells, springs, irrigation systems,
				  drainage systems, storm sewers and all other bodies or accumulations of water,
				  surface and underground, natural or artificial, public or private, which are
				  contained within, flow through or border upon this state or any portion
				  thereof, and shall include under all circumstances the waters of the United
				  States which are contained within the boundaries of, flow through or border
				  upon this state or any portion thereof. Provided, waste treatment systems,
				  including treatment ponds and lagoons designed to meet federal and state
				  requirements other than cooling ponds as defined in the federal Clean Water Act
				  or promulgated rules, are not waters of the state.
"WQS (or OWQS)"
means the Oklahoma Water Quality
				  Standards, established pursuant to Section 303 of the CWA, and which serve as
				  goals for water quality management planning and benchmark criteria for the
				  NPDES/OPDES permitting process. Water Quality Standards consist of beneficial
				  use classifications for navigable waters, water quality criteria to support
				  those uses, and an antidegradation policy statement. Oklahoma's Water Quality
				  Standards are found at OAC 785:45.
"WQSIP"
means Water Quality Standards
				  Implementation Plan.
"WWAC"
as defined in OAC 785:45, means Warm
				  Water Aquatic Community, a subcategory of the beneficial use category "Fish and
				  Wildlife Propagation" where the water quality and habitat are adequate to
				  support climax fish communities and includes an environment suitable for the
				  full range of warm water benthos.
Added at 18 Ok Reg 3409,
				  eff 6-28-01 (emergency); Added at 19 Ok Reg 951, eff 5-13-02; Amended at 22 Ok
				  Reg 2332, eff 7-11-05; Amended at 25 Ok Reg 1820, eff
				  7-1-08