Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 730 - Oklahoma's Water Quality Standards › Subchapter 5 - Surface Water Quality Standards › Part 1 - General Provisions › Section 252:730-5-1 - Declaration of policy; authority of board

Current through Vol. 41, No. 20, July 1, 2024
(a)
General policy to protect, maintain and improve water quality.
Title 82 of the Oklahoma Statutes, Section
				  1084.1, provides as follows:
Whereas the pollution of the waters of this state constitutes a menace
				  to public health and welfare, creates public nuisances, is harmful to wildlife,
				  fish and aquatic life, and impairs domestic, agricultural, industrial,
				  recreational and other legitimate beneficial uses of water, it is hereby
				  declared to be the public policy of this state to conserve and utilize the
				  waters of the state 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 cooperate with other agencies of this state,
				  agencies of other states and the federal government in carrying out these
				  objectives.
[82 O.S. § 1084.1]
(b)
DEQ authority to promulgate
				  Standards.
(1) Title 82 of the
				  Oklahoma Statutes, Section
				  1085.30(A)(1)-(2)
				  provides that DEQ
is authorized to adopt, amend and otherwise
				  promulgate rules to be known as `Oklahoma Water Quality Standards' which
				  establish classifications of uses of waters of the state, criteria to maintain
				  and protect such classifications, and other standards or policies pertaining to
				  the quality of such waters. The...Standards shall, at a minimum, be designed to
				  maintain and protect the quality of the waters of the state.
[82 O.S.
				  § 1085.30(A)(1)-(2)]
(2) Title
				  82 of the Oklahoma Statutes, Section
				  1085.30(A)(3)
				  provides,
Wherever the Department finds it is practical and in the
				  public interest to do so, the rules may be amended to upgrade and improve
				  progressively the quality of waters of the state.
[82 O.S. §
				  1085.30(A)(3)]
(3) Title 82 of the
				  Oklahoma Statutes, Section
				  1085.30(A)(4)(a)-(b)
				  provides that DEQ
may also amend the Standards to downgrade a
				  designated use of any waters of this state which is not an existing use, may
				  establish subcategories of a use or may provide for less stringent criteria or
				  other provisions thereof only in those limited circumstances permissible under
				  the Federal Water Pollution Control Act as amended or federal rules which
				  implement said act. and DEQ may amend the...Standards to downgrade a designated
				  use, establish subcategories of a use or may provide for less stringent
				  criteria or other provisions thereof only to the extent as will maintain or
				  improve the existing uses and the water quality of the water affected;
				  provided, however, the Department shall not modify the...Standards applicable
				  to scenic river areas as such areas are described by Section 896.5 of this
				  title, to downgrade a designated use, establish a subcategory of a use or
				  provide for less stringent criteria or other provisions thereof.
[82
				  O.S. § 1085.30(A)(4)(a)-(b)]