{"data":{"id":"us-ok/okla.-stat.-tit.-27a-27a-2-6-103.2","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 27A, § 27A-2-6-103.2","heading":"Classification of water uses - Oklahoma Water","body":"Quality Standards.\n\nA. 1. In order to effectuate a comprehensive program to assist\n\nin the prevention, control and abatement of pollution of the waters\n\nof this state, and in order to establish state standards which\n\ncomply with the Federal Water Pollution Control Act as amended, the\n\nDepartment of Environmental Quality is authorized to promulgate\n\nrules to be known as “Oklahoma Water Quality Standards” which\n\nestablish classifications of uses of waters of the state, criteria\n\nto maintain and protect such classifications, and other standards or\n\npolicies pertaining to the quality of such waters.\n\n2. The Oklahoma Water Quality Standards shall, at a minimum, be\n\ndesigned to maintain and protect the quality of the waters of the\n\nstate.\n\n3. Wherever the Department finds it is practical and in the\n\npublic interest to do so, the rules may be amended to upgrade and\n\nimprove progressively the quality of waters of the state.\n\n4. a. The Department may also amend Oklahoma Water Quality\n\nStandards to downgrade a designated use of any waters\n\nof this state which is not an existing use, may\n\nestablish subcategories of a use or may provide for\n\nless stringent criteria or other provisions thereof\n\nonly in those limited circumstances permissible under\n\nthe Federal Water Pollution Control Act as amended or\n\nfederal rules which implement the act.\n\nb. The Department may amend the Oklahoma Water Quality\n\nStandards to downgrade a designated use, establish\n\nsubcategories of a use or may provide for less\n\nstringent criteria or other provisions thereof only to\n\nthe extent as will maintain or improve the existing\n\nuses and the water quality of the water affected;\n\nprovided, however, the Department shall not modify the\n\nOklahoma Water Quality Standards applicable to scenic\n\nriver areas as such areas are described by Section\n\n896.5 of this title, to downgrade a designated use,\n\nestablish a subcategory of a use or provide for less\n\nstringent criteria or other provisions thereof.\n\n5. The Department shall propose any necessary rules to allow\n\nfor the development of nutrient trading programs by state\n\nenvironmental agencies no later than November 1, 2026.\n\nB. 1. Prior to adopting such standards or any amendment\n\nthereof, the Department shall conduct public hearings thereon.\n\nNotice of such hearing shall be published in accordance with the\n\nAdministrative Procedures Act and shall be mailed at least twenty\n\n(20) days before such public hearing to the chief executive of each\n\nmunicipality and county in the area affected and shall be mailed to\n\nall affected holders of permits obtained pursuant to the Oklahoma\n\nEnvironmental Quality Code, and such other persons that have\n\nrequested notice of hearings on such standard modifications.\n\n2. If adoption or amendment of a classification to a lower or\n\ndowngraded classification is proposed because treatment controls\n\nrequired of the current or a higher or upgraded classification would\n\nresult in substantial and widespread social and economic impact, the\n\nDepartment shall, in addition to any hearing required by subsection\n\nB of this section, conduct a public meeting within a central\n\nlocation within the area to be affected. The Department shall cause\n\nnotice of such additional public meeting to be published for at\n\nleast two (2) consecutive weeks in a newspaper of general\n\ncirculation published in the county or counties in the area\n\naffected.\n\nC. 1. The Oklahoma Water Quality Standards, their accompanying\n\nuse support assessment protocols, anti-degradation policy and\n\nimplementation, and policies generally affecting Oklahoma Water\n\nQuality Standards application and implementation including, but not\n\nlimited to, mixing zones, low flows and variances, except for\n\nvariances and site-specific criteria adopted by the Department of\naffected.\n\nC. 1. The Oklahoma Water Quality Standards, their accompanying\n\nuse support assessment protocols, anti-degradation policy and\n\nimplementation, and policies generally affecting Oklahoma Water\n\nQuality Standards application and implementation including, but not\n\nlimited to, mixing zones, low flows and variances, except for\n\nvariances and site-specific criteria adopted by the Department of\n\nEnvironmental Quality pursuant to paragraph 18 of subsection B of\n\nSection 1-3-101 of Title 27A of the Oklahoma Statutes, or any\n\nmodification or change thereof shall be promulgated by the\n\nDepartment in compliance with the Administrative Procedures Act and\n\nshall be enforced by all state agencies within the scope of their\n\njurisdiction. All use support assessment protocols promulgated by\n\nthe Department shall be consistent with state and federal law and\n\nguidance specifically related to beneficial use support\n\ndeterminations as set forth in Section 305(b) of the Federal Water\n\nPollution Control Act, where applicable.\n\n2. In promulgating Oklahoma Water Quality Standards or making\n\nany modification or change thereof, the Department shall announce a\n\nreasonable time for persons discharging waste into the waters of the\n\nstate to comply with such new or modified standards unless such\n\ndischarges create an actual or potential hazard to public health.\n\n3. Any discharge in accord with such standards of the\n\nDepartment and in compliance with all other rules, requirements and\n\nwasteload allocations established by the Department and with rules\n\npromulgated by other state environmental agencies shall not be\n\ndeemed to be pollution.\n\n4. Notwithstanding the implementation jurisdiction provided to\n\nthe Department in paragraph 1 of subsection C of this section, the\n\nDepartment of Environmental Quality shall also have jurisdiction to\n\nadopt variances and site-specific criteria and to develop and\n\nutilize policies and requirements, as provided in paragraphs 18 and\n\n22 of subsection B of Section 1-3-101 of Title 27A of the Oklahoma\n\nStatutes.","path":["OK Code","Title 27A"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os27A.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"deab596d66313c2fd6f98cd0503f7046564d7ab865c6c5e02cb5c3ab104877fe","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-27a-27a-2-6-103.1","next":"us-ok/okla.-stat.-tit.-27a-27a-2-6-103.3"},"notice":"GroundRules: Original legal text. Not legal advice."}