SECTION 785:46-1-1. Purpose, scope and applicability

(a)   According to 82 O.S., §1085.30, the Oklahoma Water Resources Board is authorized to 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 [82:1085.30(A)]. The "Oklahoma Water Quality Standards" are codified at OAC 785:45. Section 1085.30 of Title 82 O.S. also provides for the Oklahoma Water Resources Board to adopt and promulgate accompanying rules to implement the Oklahoma Water Quality Standards. Such implementation rules are set forth in OAC 785:46 and shall be enforced by all state agencies within the scope of their jurisdiction [82:1085.30(D)]. Implementation rules promulgated by other state environmental agencies shall not be inconsistent with the implementation rules in OAC 785:46.

(b)   If an affected person can demonstrate to the satisfaction of the permitting authority that scientific methods, data, or implementation procedures different than those specified in this Chapter will achieve a more appropriate or representative implementation of the Standards, then the permitting authority shall use or apply such methods, data, or procedures to implement the Standards. In those circumstances where the permitting authority does not agree that the affected person's proposed scientific methods, data, or implementation will result in a more appropriate or representative implementation of the Standards, the affected person may request a review of the proposed scientific methods, data, or implementation by the agency responsible for Standards implementation who shall determine its appropriateness.

(c)   Implementation rules promulgated in this Chapter by the OWRB and promulgated elsewhere by other state environmental agencies with authority for implementation provide a bridge between water quality standards in OAC 785:45 and water quality management. For example, water quality standards contain numerical criteria to protect aquatic life. Permits incorporating these criteria must be issued to limit effluent concentrations so that the criteria are not violated outside the mixing zone. In this case the implementation rules describe how the criteria are translated into permit limits.

(d)   Subchapters in OAC 785:46 are arranged in the sequence in which they were drafted by the Oklahoma Water Resources Board staff and adopted by the Oklahoma Water Resources Board. Following the initial promulgation of OAC 785:46, additional subchapters and implementation rules may be promulgated as the need arises.

[Source: Added at 13 Ok Reg 2891, eff 7-1-96; Amended at 18 Ok Reg 3379, eff 8-13-01; Amended at 20 Ok Reg 1429, eff 7-1-03]