SECTION 785:46-15-1. Scope and applicability

(a)   General. The rules in this Subchapter provide protocols which shall be used on and after October 1, 2000 to determine whether certain beneficial uses of waters of the state designated in OAC 785:45 are being supported. Such determinations shall be made only to the extent that pertinent provisions of OAC 785:45 apply to a waterbody or its designated uses. The rules in this Subchapter are not intended and should not be construed to limit any actions by federal or state agencies or citizens to prevent pollution or to limit remedies to abate pollution from a single incident or activity or series of incidents or activities.

(b)   Significance of assessment that a use is other than fully supported. A determination based upon application of the rules in this Subchapter that a waterbody's beneficial use is not supported or is partially supported creates a presumption that the use is impaired or not attained for that waterbody and that the waterbody segment is a water quality limited segment.

(c)   Agency discretion to consider additional data. An agency with jurisdiction may consider other relevant data meeting the requirements of this Subchapter in addition to that required by the rules in this Subchapter for any particular parameter to determine full support or non-support.

[Source: Added at 17 Ok Reg 1775, eff 7-1-00; Amended at 21 Ok Reg 1910, eff 7-1-04; Amended at 25 Ok Reg 1455, eff 7-1-08]