- (a) The applicant shall characterize the existing water quality and determine whether there is remaining assimilative capacity for each parameter in question.
- (b) Existing water quality shall be calculated in accordance with Env-Wq 1705.02, based on point sources discharging at their allowed loadings and the highest loadings anticipated from nonpoint sources.
- (c) Where flows will or might be altered, existing conditions shall be established based on the existing maximum allowed water withdrawals or impoundment, diversion, or fluctuation of stream flow, as applicable.
- (d) Remaining assimilative capacity shall be evaluated by comparing existing water quality, as specified in (b) and (c), above, to the state’s water quality criteria.
- (e) If the type and frequency of the proposed discharge or activity will or might cause the waterbody to be impacted at flows other than those listed in Env-Wq 1705.02, the applicant shall evaluate the impact of the proposed discharge at those other flows.
- (f) Subject to (h), below, if the department determines, based on the information submitted, that there is no remaining assimilative capacity for a specific parameter, no further degradation with regard to that parameter shall be allowed.
- (g) Subject to (h), below, if the department determines, based on the information submitted, that there is some remaining assimilative capacity, then the department shall proceed in accord with Env-Wq 1708.09.
- (h) Determinations made pursuant to (f) or (g), above, shall account for Env-Wq 1705.01, which requires the department to reserve no less than 10% of a surface water’s assimilative capacity.
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