The department shall not approve a mixing zone unless the proposed mixing zone:

1. (a) Meets the criteria in Env-Wq 1703.03(c)(1);
2. (b) Does not interfere with biological communities or populations of indigenous species;
3. (c) Does not result in the accumulation of pollutants in the sediments or biota;
4. (d) Allows a zone of passage for swimming and drifting organisms;
5. (e) Does not interfere with existing and designated uses of the surface water;
6. (f) Does not impinge upon spawning grounds or nursery areas, or both, of any indigenous aquatic species;
7. (g) Does not result in the mortality of any plants, animals, humans, or aquatic life within the mixing zone;
8. (h) Does not exceed the chronic toxicity value of 1.0 TUc at the mixing zone boundary; and
9. (i) Does not result in an overlap with another mixing zone.

Source. (See Revision Notes #1, #2, and #3 at chapter heading for Env-Wq 1700) #12042, eff 12-1-16; ss by #14203, eff 2-26-25