Oklahoma Administrative Code
Title 785 - Oklahoma Water Resources Board
Chapter 46 - Implementation of Oklahoma's Water Quality Standards
Subchapter 17 - OWRB Water Quality Standards Implementation Plan
Section 785:46-17-3 - Processes to ensure compliance with antidegradation standards and leading to maintenance of, removal of threats to, and restoration of beneficial uses

Universal Citation: OK Admin Code 785:46-17-3

Current through Vol. 42, No. 1, September 16, 2024

(a) In the course of determining applications for stream water permits, the Board evaluates or calculates runoff data, available stream gauge data, lake storage volumes and dependable yield data for reservoirs, and the watershed above the proposed diversion point. The Board protects against degradation by appropriating no more than the mean annual flow of a stream. After July 1, 2000, the Board will also evaluate whether an application will cause a potential impact on beneficial uses.

(b) In the course of determining maximum annual yields of groundwater basins, the Board assumes 100 percent development within the basin; this ensures a longer basin life because current basin development is typically less than 20 percent of the entire basin. The maximum annual yield procedure also identifies potential sources of contamination within the basin. The basin studies will further determine the level of decline in storage in the basin which could impact historic low base flow discharge such that flow in that stream could potentially begin to be reduced due to groundwater withdrawals. In the course of determining applications for groundwater permits where the maximum annual yield has been determined, the Board protects against degradation by limiting the permitted withdrawal to the maximum annual yield allocated to the land covered by the permit, and avoiding withdrawal that would cause contaminated groundwater or surface water to be moved into groundwater that is not already contaminated.

(c) The Board's Clean Water SRF loans for projects comply with antidegradation standards and lead to maintaining water quality where beneficial uses are supported, removal of threats to water quality where beneficial uses are in danger of not being supported, and restoration of water quality where beneficial uses are not being supported, based upon the following procedures:

(1) In the course of determining eligibility of applications, the Board reviews the proposed project's consistency with water quality management plans developed under sections 205(j), 208, 303(e), 319 and 320 of the Clean Water Act. The Clean Water SRF Integrated Priority Ranking System ranks projects for funding based on human health protection, the "fishable/swimmable" goals of the Clean Water Act, the WQS, and Oklahoma's Nonpoint Source Management Program led by the Oklahoma Conservation Commission. All projects are placed on a five-year Clean Water SRF Project Priority List and funded in priority order. Proposed projects receive points based on the four major factors of project type, water quality restoration, water quality protection, and readiness to proceed, all as provided in 785:50-9-23.

(2) Wastewater projects under Section 212 of the Clean Water Act are reviewed by Board staff engineers for compliance with applicable DEQ rules, including but not limited to the Public Water Supply Construction Standards in OAC 252:626 and the Water Pollution Control Facility Construction rules in OAC 252:656; and consistency with the system owner's 208 water quality management plan, NPDES permit, and sludge management plans, if required by DEQ, all designed to protect the beneficial uses of the receiving waters. Approval of preliminary engineering design is made by the Board following approval by DEQ. Additional preventative measures may include, but are not limited to, design measures to prevent erosion during construction and to prevent wastewater bypasses during construction.

(3) Recipients of loans for Section 212 wastewater projects are required to construct the projects in accordance with plans and specifications approved by DEQ and the Board. The recipients are required to employ a full time resident inspector. The projects are periodically inspected by the Board staff during construction . Upon completion, the project is placed into operation, at which time it is evaluated by the consulting engineer and DEQ for compliance with construction and discharge standards.

(4) Recipients of loans for Section 319 NPS pollution control projects are required to implement the projects in accordance with State-approved BMP to control pollution for various NPS categories in accordance with TMDLs or other plans established to control NPS runoff.

(d) The Board's loans from revenue bond proceeds for construction of projects comply with antidegradation standards and lead to maintaining water quality where beneficial uses are supported, removal of threats to water quality where beneficial uses are in danger of not being supported, and restoration of water quality where beneficial uses are not being supported, based upon the following procedures:

(1) Pre-approval procedures. Sections 785:50-7-1 and 785:50-7-2 of the OAC provide general rules and criteria for review and approval of proposed bond loan projects. Among other requirements, the project is reviewed for feasibility and identification of water quality mitigative measures necessary to protect the beneficial uses of receiving waters. These measures may include, but are not limited to, design measures to prevent erosion during construction and to prevent wastewater bypasses during construction. Additionally, all projects are reviewed by Board staff engineers for compliance with applicable rules of the DEQ, including but not limited to the Public Water Supply Construction Standards in OAC 252:626, and the Water Pollution Control Facility Construction rules in OAC 252:656; and for consistency with the system owner's 208 water quality management plan, NPDES permit, and sludge management plans issued by DEQ, all designed to protect the beneficial uses of receiving waters. Approval of preliminary engineering design is made by the Board following approval by DEQ.

(2) Procedures following approval. After a revenue bond loan project is approved by the Board, it is monitored to assure it is constructed in accordance with planning documents and plans and specifications approved by the Board and DEQ. Loan recipients are required to employ a full time resident inspector to oversee construction progress. In addition, construction projects receive periodic oversight from a consulting engineer and the Board staff engineer. Upon completion, the project is placed into operation, at which time it is evaluated by the consulting engineer and DEQ for compliance with construction and discharge standards.

(e) The Board's emergency grants for construction of projects comply with antidegradation standards and lead to maintaining water quality where beneficial uses are supported, removal of threats to water quality where beneficial uses are in danger of not being supported, and restoration of water quality where beneficial uses are not being supported, based upon the following procedures:

(1) Pre-approval procedures. Section 785:50-7-5 of the OAC provides a priority system which ranks proposed emergency grant projects for review and approval according to certain factors and criteria. Among other requirements, the project is reviewed for feasibility and identification of water quality mitigative measures necessary to protect the beneficial uses of receiving waters. These measures may include, but are not limited to, design measures to prevent erosion during construction and to prevent wastewater bypasses during construction. Additionally, all projects are reviewed by Board staff engineers for compliance with applicable rules of the DEQ, including but not limited to the Public Water Supply Construction Standards in OAC 252:626 and the Water Pollution Control Facility Construction rules in OAC 252:656; and for consistency with the system owner's 208 water quality management plan, NPDES permit, and sludge management plans issued by DEQ, all designed to protect the beneficial uses of receiving waters. Approval of preliminary engineering design is made by the Board following approval by DEQ.

(2) Procedures following approval. After an emergency grant project is approved by the Board, it is monitored to assure it is constructed in accordance with plans and specifications approved by the Board and DEQ. Emergency grant recipients are required to employ a full time resident inspector to oversee construction progress. In addition, construction projects receive periodic oversight from a consulting engineer and the Board staff engineer. Upon completion, the project is placed into operation, at which time it is evaluated by the consulting engineer and DEQ for compliance with construction and discharge standards.

(f) The Board's Rural Economic Action Plan (REAP) Grant Program for construction of projects complies with antidegradation standards and leads to maintaining water quality where beneficial uses are supported, removal of threats to water quality where beneficial uses are in danger of not being supported, and restoration of water quality where beneficial uses are not being supported, based upon the following procedures:

(1) Pre-approval procedures. Sections 785:50-8-3 and 785:50-8-4 of the OAC provide general rules and criteria for review and approval of proposed REAP projects, while Section 785:50-8-5 provides a priority system which ranks proposed REAP grant projects according to certain factors and criteria. Among other requirements, the project is reviewed for feasibility and identification of water quality mitigative measures necessary to protect the beneficial uses of receiving waters. These measures may include, but are not limited to, design measures to prevent erosion during construction and to prevent wastewater bypasses during construction. Additionally, all projects are reviewed by Board staff engineers for compliance with applicable rules of the DEQ, including but not limited to the Public Water Supply Construction Standards in OAC 252:626 and the Water Pollution Control Facility Construction rules in OAC 252:656; and for consistency with the system owner's 208 water quality management plan, NPDES permit, and sludge management plans issued by DEQ, all designed to protect the beneficial uses of receiving waters. Approval of preliminary engineering design is made by the Board following approval by DEQ.

(2) Procedures following approval. After a REAP grant project is approved by the Board, it is monitored to assure it is constructed in accordance with plans and specifications approved by the Board and DEQ. REAP grant recipients are required to employ a full time resident inspector to oversee construction progress. In addition, construction projects receive periodic oversight from a consulting engineer and the Board staff engineer. Upon completion, the project is placed into operation, at which time it is evaluated by the consulting engineer and DEQ for compliance with construction and discharge standards.

(g) In carrying out its various clean lakes programs, the Board complies with antidegradation standards, and leads to maintenance of water quality where beneficial uses are supported, removal of threats to water quality where beneficial uses are in danger of not being supported, and restoration of water quality where beneficial uses are not being supported, in the following ways:

(1) The Board participates with municipalities and federal agencies in conducting lake water quality assessments and studying the problems causing impairment or pollution.

(2) The Board makes recommendations for removal of pollutants, watershed restoration and management activities, and controlling nonpoint source pollution through implementation of best management practices.

(3) In some instances the Board enters into contracts for implementation of pollution control measures on threatened or impaired waterbodies.

Added at 18 Ok Reg 3379, eff 8-13-01; Amended at 22 Ok Reg 1607, eff 7-1-05; Amended at 25 Ok Reg 1455, eff 7-1-08

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