Ohio Admin. Code 901:13-1-20 - Designating watersheds in distress
(A)
The director may
designate a watershed to be in distress, and thereby set requirements for the
storage, handling and land application of manure; and/or the control of the
erosion of sediment and substances attached thereto; and associated nutrient
management plans for land and operations within the designated watershed
boundaries. In evaluating a potential designation, the director may consider
whether:
(1)
The watershed is listed as impaired by nutrients and/or sediments from
agricultural sources as determined by the director of environmental protection
and published in the "Ohio Integrated Water Quality Monitoring and Assessment
Report" pursuant to Section 303(d) of the Federal Water Pollution Control Act
or waters are identified as such in an approved "Total Maximum Daily Load
Report" pursuant to rule 3745-2-12 of the Administrative Code as required by Section 303(d) of the Federal Water Pollution Control Act;
(2)
The watershed or a portion of the watershed exhibits
conditions that are a threat to public health based on information provided by
the Ohio department of health or local health district;
(3)
Streams, lakes,
or other waterbodies within the watershed exhibit periodic evidence of algal
and/or cyanobacterial blooms capable of producing toxins that are harmful to
humans, domestic animals or wildlife;
(4)
There is a threat
to, or presence of contaminants in public or private water
supplies;
(5)
There is a threat to, or presence of contaminants in a
primary contact recreational water or a bathing water as designated in Chapter
3745-1 of the Administrative Code;
(6)
Other
unacceptable nuisance conditions exist including the depletion of dissolved
oxygen in water that results in impacts to aquatic life;
(7)
Other situations
as determined by the director upon consultation with other federal, state and
local agencies.
(B)
Prior to
proposing to designate a watershed in distress, the director shall prepare and
issue a report documenting the factors in the watershed relating to the items
in paragraph (A) of this rule.
(C)
No designation of
a watershed in distress shall be issued until the Ohio soil and water
conservation commission consents by a majority vote to a proposed
designation.
(D)
The director may remove the watershed in distress
designation upon reasonable confirmation of a sustained recovery, restoration
and mitigation of the factors leading to the original designation.
Replaces: 1501:15-5-20
Notes
Promulgated Under: 119.03
Statutory Authority: 939.02
Rule Amplifies: 939.02
Prior Effective Dates: 12/23/2010, 12/31/2015 (Emer.), 04/01/2016
Promulgated Under: 119.03
Statutory Authority: 939.02
Rule Amplifies: 939.02
Prior Effective Dates: 12/23/2010
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