Current through Register Vol. XLI, No. 50, December 13, 2024
Section 46-7-5 - Criteria for Assessing Removal of the Public Water Supply Designated Use5.1. The Board may grant a request for removal of the public water supply designated use from a water or segment thereof, if it finds the following:5.1.a. That the water or segment is not being used as a drinking water source; and5.1.b. That the water or segment is not likely to be used as a drinking water source in the future; and5.1.c. That attainment of the public water supply designated use is not feasible in the water or segment because of any of the following factors: 5.1.c.1. Application of effluent limitations for existing sources more stringent than those required pursuant to §301(b) and §306 of the federal Clean Water Act in order to attain the currently applicable designated use would result in substantial and widespread adverse economic and social impact; or5.1.c.2. Naturally-occurring pollutant concentrations prevent the attainment of the use; or5.1.c.3. Natural, ephemeral, intermittent or low flow conditions of water levels prevent the attainment of the use, unless these conditions may be compensated for by the discharge of sufficient volume of effluent discharges to enable uses to be met; or5.1.c.4. Human-caused conditions or sources of pollution prevent the attainment of the use and cannot be remedied or would cause more environmental damage to correct than to leave in place; or5.1.c.5. Dams, diversions or other types of hydrologic modifications preclude the attainment of the use, and it is not feasible to restore the water body to its original condition or to operate such modification in a way that would result in the attainment of the use; and5.1.d. That, upon removal of the public water supply designated use from the water or segment thereof, the applicable water quality standards would provide for the attainment and maintenance of the water quality standards of the downstream waters.5.2. Prohibitions. The public water supply designated use may not be removed from a water of the state or a segment thereof if: 5.2.a. It is an existing use as defined in 46 CSR 1, unless a use requiring more stringent criteria is added; or5.2.b. Such use will be attained by implementing effluent limits required under §§301(b) and 306 of the federal Clean Water Act and by implementing cost-effective and reasonable best management practices for nonpoint source control, unless a successful demonstration is made under §5.1.b.1, herein.