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

Current through Vol. 41, No. 20, July 1, 2024
(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.