SECTION 785:46-13-4. Tier 2 protection; maintenance and protection of Sensitive Water Suppy-Reuse and other Tier 2 waterbodies

(a)   General rules for Sensitive Water Supply - Reuse (SWS-R) Waters.

(1)   Classification of SWS-R Waters. The Board may consider classification of a waterbody as an SWS-R waterbody based upon required documentation submitted by any interested party. The interested party shall submit documentation presenting background information and justification to support the classification of a waterbody as SWS-R including, but not limited to, the following:

(A)   Determination of the waterbody's assimilative capacity pursuant to 785:46-13-8, including all supporting information and calculations.

(B)   Documentation demonstrating that municipal wastewater discharge for the purpose of water supply augmentation has been considered as part of a local water supply plan or other local planning document.

(C)   Any additional information or documentation necessary for the Board's consideration of a request for the classification of a waterbody as SWS-R.

(D)   Prior to consideration by the Board, any interested party seeking the classification of a waterbody as SWS-R shall submit documentation to OWRB staff demonstrating that local stakeholders, including those that use the waterbody for any designated or existing beneficial uses, have been afforded notice and an opportunity for an informal public meeting, if requested, regarding the proposed classification of the waterbody as SWS-R at least one hundred eighty (180) days prior to Board consideration. In addition, all information or documentation submitted pursuant to this subsection shall be available for public review.

(2)   The drought of record waterbody level shall be considered the receiving water critical condition for SWS-R waterbodies.

(A)   All beneficial uses shall be maintained and protected during drought of record conditions.

(B)   Drought of record shall be determined with the permitting authority approved monthly time step model using hydrologic data with a minimum period of record from 1950 to the present. If empirical data are not available over the minimum period of record, modeled data shall be included in the analysis, if available.

(3)   In accordance with OAC 785:45-5-25(c)(8)(D), SWS-R waterbodies with a permitted discharge shall be monitored and water quality technically evaluated to ensure that beneficial uses are protected and maintained and use of assimilative capacity does not exceed that prescribed by permit. Prior to any monitoring and/or technical analysis, the permittee shall submit a Receiving Water Monitoring and Evaluation Plan to the permitting authority for review and approval.

(A)   The Receiving Water Monitoring and Evaluation Plan shall include, at a minimum, the following sections:

(i)   Monitoring section that meets the required spatial, temporal, and parametric coverage of this subchapter, OAC 785:46-15, and OAC 252:628-11.

(ii)   Analysis and reporting section that meets the requirements of this subchapter, OAC 785:46-15, and OAC 252:628-11.

(iii)   Quality Assurance Project Plan that meets the most recent requirements for United States Environmental Protection Agency Quality Assurance Project Plans.

(B)   The monitoring section of the Receiving Water Monitoring and Evaluation Plan, at a minimum shall:

(i)   Include parametric, temporal (including frequency of sampling events), and spatial sampling design adequate to characterize water quality related to limnological, hydrologic, seasonal, and diurnal influences and variation.

(ii)   Include nutrient monitoring adequate to characterize both external and internal loading and nutrient cycling.

(iii)   Include algal biomass monitoring consistent with this sub-paragraph (B) and phytoplankton monitoring sufficient to evaluate general shifts and/or trends in phytoplankton community dynamics over time.

(iv)   Include in-situ monitoring of dissolved oxygen, temperature, and pH adequate to characterize diurnal changes and fluctuations during periods of thermal stratification and complete mix.

(v)   Include monitoring of pollutants with a permit effluent limit and/or permit monitoring requirements.

(C)   The Receiving Water Monitoring and Evaluation Plan may include special studies, as necessary.

(D)   At least biennially and prior to permit renewal, the permittee shall submit a Receiving Water Monitoring and Evaluation Report to the permitting authority that includes, at a minimum:

(i)   Summarized review of monitoring objectives and approach.

(ii)   Presentation and evaluation of monitoring results, including an analysis of both short-term and long-term trends.

(iii)   An assessment of beneficial use attainment that is at a minimum in accordance with OAC 785:46-15.

(iv)   Summarized assessment of data quality objectives, including an explanation of any data quality issues.

(v)   All monitoring data shall be submitted electronically.

(E)   If the report documents nonattainment of a beneficial use(s) resulting from the discharge, the permitting authority shall consider actions including, but not limited to, additional permit requirements, cessation of the discharge, and/or a recommendation to OWRB to revoke the SWS-R waterbody classification.

(b)   General rules for other Tier 2 Waterbodies. General rules for other Tier 2 waterbodies shall be developed as waters are identified.

[Source: Added at 13 Ok Reg 2891, eff 7-1-96; Amended at 18 Ok Reg 3379, eff 8-13-01; Amended at 19 Ok Reg 2512, eff 6-27-02; Amended at 33 Ok Reg 1951, eff 9-11-16; Amended at 35 Ok Reg 2238, eff 9-14-18]