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WATER QUALITY STANDARDS DIGEST
A COMPILATION OF FEDERAL/STATE STANDARDS ON
-ANTIDEGRADATION-
ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C.
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INTRODUCTION
This digest was compiled in order to provide general information to the
public as well as to Federal, State, and local officials. It contains excerpts
from the individual Federal-State water quality standards establishing an anti-
degradation policy for interstate waters.
Antidegradation statements were adopted in response to a policy directive
by the Secretary of the Interior on February 8, 1968. The purpose of anti-
degradation is to prohibit the deterioration of waters whose existing quality
is higher than established water quality standards. At the time of this report,
the following States do not have a Federally approved antidegradation statement:
Alabama, Georgia and Mississippi. Action is underway in all the Stated to adopt
an antidegradation provision in their water quality standards.
The water quality standards program is directed by the Environmental Pro-
tection Agency, an independent regulatory agency which has responsibility for
approving State-adopted standards for interstate waters, evaluating adherence to
the standards, and overseeing enforcement of standards compliance.
Standards, the first nationwide strategy for water quality management, contain
four major elements: the use (recreation, drinking water, fish and wildlife propaga-
tion, industrial, or agricultural) to be made of the interstate water; criteria to
protect those uses; implementation plans (for needed industrial-municipal waste
treatment improvements among others) and enforcement plans; and an antidegradation
statement to protect existing high quality waters.
Minimum water quality criteria, or numerical specification of physical, chemical,
temperature, and biological levels, are stated in the National Technical Advisory
Committee report to the Secretary of the Interior, Water Quality Criteria, dated
April 1, 1968, and published by the Government Printing Office, Washington, B.C.
Unavailability of the NTAC report before June 30, 1967--the date set by the Water
Quality Act of 1965 for formal adoption of State standards--resulted in significant
variations between the State-adopted and the NTAC minimum criteria. Some standards
were adopted and approved before the NTAC report became available. Also, the Water
Quality Criteria report is subject to updating in light of new scientific and technical
information.
Since water quality standards experience revisions and upgrading from time
to time, following procedures set forth in the Federal Water Pollution Control Act,
individual entries in this digest may be superseded. As these revisions are
accomplished, this digest will be updated and reissued. Because this publication
is not intended for use other than as a general information resource, for the latest
information, and for special purposes and applications, refer to the existing, approved
water quality standards which can be obtained from the State water pollution control
agencies or EPA, Washington, B.C. or regional offices.
Individual State-adopted antidegradation statements, contained within Federal-
State standards, follow.
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Approved: October 4, 1971
ALASKA
Waters whose existing quality is better
than the established standards as of the date
on which such standards become effective will
be maintained at that high quality unless it has
been affirmatively demonstrated to the state that
a change in justifiable as a result of necessary
economic or social development and will not pre-
clude present and anticipated use of such waters
Any industrial, public or private project or
development which would constitute a new source
of pollution or an increased source of pollution
to high quality waters will be required to pro-
vide the highest degree of practicable treatment
to maintain the high water quality. In implement-
ing this policy, the Administrator of the Environ-
mental Protection Agency will be kept advised in
order to discharge his responsibilities under the
Federal Water Pollution Control Act as amended.
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Approved: September 27, 1968
ARIZONA
Waters whose existing quality is better than
th£ established standards will not be lowered
in quality unless and until it has been affirm-
atively demonstrated to the State Water
Quality Control Council that such change is
justifiable as a result of necessary economic
or social development and will not interfere
with or become injurious to any assigned
uses made of, or presently possible in, such
waters. Any industrial, public or private
project or development which could constitute
a new source of pollution or an increased
source of pollution to high quality waters
will be required, as part of the initial project
design, to provide the highest and best
degree of waste treatment practicable under
existing technology. In implementing the
policy of this paragraph as it relates to
interstate streams, the Secretary of Interior
will be kept advised and provided with such
information as he will need from time to
time to protect the interests of the United
States and the authority of the Secretary in
maintaining high quality of interstate waters.
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Approved: November 19, 1969
ARKANSAS
WHEREAS, the Arkansas Pollution Control
Commission has heretofore promulgated
Regulation No. 2, establishing water quality
criteria for interstate streams within the
State of Arkansas, pursuant to the pro-
visions of Section 3 of the Arkansas Water
and Air Pollution Control Act (Act kJ2 of
the Acts of Arkansas for 19^9, as amended;
Ark. Stats., § 82-1904), and in compliance
with the requirements of the Federal Water
Quality Act of 1965 (Public Law 89-234, 33
U.S.V.A., I 466g); and
WHEREAS, said Regulation provides that
"The criteria are designed to enhance the
quality, value, and beneficial uses of the
water resources of the State of Arkansas
and to aid the prevention, control, and
abatement of water pollution;" and
WHEREAS, said Regulation further
provides that "It is the purpose of these
criteria to preserve and enhance the
quality of this water so that it shall be
reasonably available for all beneficial
uses and thus promote the social welfare
and economic well-being of the people
of the State";-and
WHEREAS, said Regulation further
provides for a clear and unequivocal
non-degradation policy, to-wit:
IJ3. The water quality criteria
herein contained shall not be construed
as permitting any waste amenable to
treatment or control"to be discharged
in any water of the State of Arkansas
without reasonable treatment or control.
The Arkansas Water and Air Pollution
Control Act provides, among other things,
that it shall be unlawful for any person
to discharge any waste into any waters
of the State without having first obtained
a written permit from the Commission.
A disposal permit may not be issued
unless there is submitted to the Commission
plans and specifications for a disposal
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system adequate to treat or control the
wastes so as not to cause water pollution
as defined in the Act. Such treatment or
control must be consistent with the state
of the art and best practicable industry
standards, the minimum requirement
being secondary treatment or equivalent,
giving due regard to quality and flow of
the receiving waters, the present, future
and potential uses of such waters, economic
feasibility, and other relevant factors";
and
WHEREAS, the Water Quality Standards
for Interstate Streams adopted by the Com-
mission, of which Regulation No. 2 is an
integral part, were approved without
exception by the Secretaty of Interior on
August 7, 1967; and
WHEREAS, subsequent to such approval
the Secretary of Interior and the Federal
Water Pollution Control Administration
articulated a non-degradation policy, which
has been authoritatively construed and
explained by responsible officials of the
Department of Interior as set forth in a
Compendiurn,dated August, 1968; and
WHEREAS, the non-degradation policy
incorporated in Regulation No. 2, making
clear that waters of existing quality higher
than the established standards may not be
degraded by untreated waste discharges
even though the resulting water quality
might comply with the standards and
that a waste disposal permit, as required
by law, will not be issued by the Commission
unless the treatment or control is consistent
with the state of the art and best practicable
industry standards (the minimum requirement
being secondary treatment or equivalent),
is at least as strong as that subsequently
adopted by the Secretary of Interior and
is fully consistent therewith; and
WHEREAS, the Commission wishes to
assure the Secretary of Interior and
Federal Water Pollution Control Administration
of its cooperation in implementing the
Arkansas Water Quality Standards in general
and the non-degradation policy in particular,
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including the furnishing of relevant infor-
mation and data;
NOW, THEREFORE, BE IT RESOLVED, That
the Arkansas Pollution Control Commission,
its agents, servants, and employees,
shall cooperate with the Secretary of Interior
and the Federal Water Pollution Control
Administration in implementing the Arkansas
Water Quality Standards and the non-degradation
policy incorporated therein. In connection
with such implementation, the Secretary of
Interior and the Federal Water Pollution
Control Administration will be kept advised
and will be provided with such information
as they will need to discharge their respon-
sibilities under the Federal Water Pollution
Control Act, as amended.
BE IT FURTHER RESOLVED, Than the Director
of the Commission is hereby authorized and
directed to take such action as may be
necessary or appropriate to effectuate the
foregoing.
Resolved the 25th day of October, 1968.
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Approved: January 9, 1969
CALIFORNIA
Whenever the existing quality of water is better than
the quality established in policies as of the date on which
such policies become effective, such existing high
quality will be maintained until it has been demonstrated
to the State that any change will be consistent with
maximum benefit to the people of the State, will not
unreasonably affect present and anticipated beneficial
use of such water and will not result in water quality
less than that prescribed in the policies.
Any activity which produces or may produce a waste or
increased volume or concentration of waste and which
discharges or proposes to discharge to existing high
quality waters will be required to meet waste discharge
requirements which will result in the best practicable
treatment or control of the discharge necessary to assure
that (a) a pollution or nuisance will not occur and (b) the
highest water quality consistent with maximum benefit to
the people of the State will be maintained.
In implementing this policy, the Secretary of the Interior
will be kept advised and will be provided with such
information as he will need to discharge his responsibil-
ities under the Federal Water Pollution Control Act.
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Approved: March 4, 1971
COLORADO
Waters of the state, the quality of
which exceeds the limits set in
these standards, will be maintained
at existing quality unless and until
it can be demonstrated to the State
that a change in quality is justified
to provide necessary economic or
social development. In that case,
the best practicable degree of waste
treatment to protect the current
classification of such waters will
be required. The appropriate Federal
authority will be provided with in-
formation, from time to time, required
to discharge his responsibilities under
the Federal Water Pollution Control Act,
as amended.
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Approved: April 21, 1970
CONNECTICUT
Interstate waters whose existing quality is better than the
established.standards as of the date which such standards become
effective will be maintained at their existing high quality.
These ajnd other interstate waters of the State will not be lowered
in quality unless and until it has been affirmatively demonstrated
to the Commission and the Department of the Interior that such
change is justifiable as a result of necessary economic or social
development and will not interfere with or become injurious to dny
assigned uses made of, or presently possible in, such waters. This
will require that any industrial, public or private project or
development which would constitute a new source of pollution or
an increased source of pollution to high quality waters will be
required, if provided a permit, as part of the initial project
design, to provide the highest and best degree of waste treatment
available under existing technology, and, since for interstate
waters these are also Federal standards, these waste treatment
requirements will be developed cooperatively.
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Approved: July 30, 1971
DELAWARE
It is the public policy of the State to
maintain within its jurisdiction a
reasonable quality of water consistent
with public health and public enjoyment
thereof, the propagation and protection
of fish and wild life, including birds,
mammals, and other terrestrial and
aquatic life, and the industrial devel-
opment of the State.
Where conflicts develop between stated
water uses, stream criteria or discharge
criteria, water uses shall be paramount
in determining the required stream
criteria, which, in turn, shall be the
basis of individual discharge limits.
Waters whose existing quality is better
than the established standards as of the
date on which such standards become
effective will be maintained at such
high quality unless.it has been affirma-
tively demonstrated to the State that
a change is justifiable as a result of
necessary economic or social development,
and will not preclude uses presently
possible is such waters. Any industrial,
public, or private project or development
which would constitute a new source of
pollution or an increased source of pollu-
tion to high quality waters will be re-
quired to provide the highest and best
practicable means of waste treatment to
maintain high water quality. In imple-
menting this policy the Administrator of
the Environmental Protection Agency will
be kept advised and will be provided with
such information as he will need to
discharge his responsibilities under the
Federal Water Pollution Control Act as
amended.
in
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Approved: January 17, 1969
DISTRICT OF COLUMBIA
There are no waters within the District of Columbia
whose existing quality is better than the quality indi-
cated by the established standards. Accordingly, it
is the policy of the District of Columbia to improve
the quality of all its waters as reflected in the stan-
dards. All industrial, public, and private sources
of pollution will be required to provide the degree of
waste treatment necessary to meet the water quality
standards. In implementing this policy, the Secre-
tary of the Interior will be kept advised and will be
provided with such information as he will need to
discharge his responsibilities under the Federal
Water Pollution Control Act, as amended.
11
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Approved: January 17, 1969
FLORIDA
The policy inherent in the standards shall be to protect
water quality existing at the time these water quality
standards were adopted or to upgrade or enhance water
quality within the State of Florida. In any event where
a new or increased source of pollution poses a possibility
of degrading existing high water quality, such project
development shall not be issued a Commission permit until
the Commission is satisfied that such development will
not be detrimental to the best interests of the State and
necessary to its social and economic development. In
administering the policy, high quality receiving waters
will be protected by requiring as a part of the initial
project design the highest and best practicable treatment
available under existing technology.
The Commission recognizes and will protect the interest of
the Federal Government in interstate and coastal waters in
accordance with the Federal Water Pollution Control Act, as
amended. The Commission further shall consult with the U. S.
Department of the Interior on all matters affecting the Federal
interest in a cooperative effort.
12
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Approved: June 12, 1968
GUAM
Waters whose existing quality is better than the
established standards as of the date on which such
standards become effective will be maintained at
their existing high quality. These and other waters
of the Territory will not be lowered in quality unless
and until it has been affirmatively demonstrated to
the Territorial wat'tr pollution control agency and the
Department of the Interior that such change is justi-
fiable as a result of necessary economic or social
development and will not interfere with or become
injurious to any assigned uses made of, or presently
possible in, such waters. This wil] require that any
industrial, public or private project or development
which would constitute a new source of pollution or
an. increased source of pollution to high quality waters
will be required, as part of the initial project design,
to provide the highest and best degree of waste treat-
ment available under existing technology, and, since
these are also Federal standards, these waste treat-
ment requirements will be developed cooperatively.
13
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Approved: June 28. 1971
HAWAII
"It is the public policy of this State
to conserve the waters of the State,
and to protect, maintain and improve
the quality thereof for drinking water
supply and food processing, for the
growth and propagation of shellfish,
fish and other marine and aquatic life,
for oceanographic research, for the
conservation of coral reefs and wilder-
ness areas, and for domestic, agricul-
tural, industrial, recreational and
other legitimate uses; and to provide
that no waste be discharged into any
waters of this State without first being
given the degree of treatment necessary
to protect the legitimate beneficial
uses of such waters; and to provide for
the prevention, abatement and control
of new and existing water pollution; and
to cooperate with the federal government
in carrying out these objectives.
"Therefore, waters whose qualities are
higher than established water quality
standards shall not be lowered in
quality unless it has been affirmatively
demonstrated to the Director that such
change is justifiable as a result of
necessary economic or social development
and will not interfere with or become
injurious to any assigned uses made of,
or presently in, such waters. Any
industrial, public or private project
or development which could constitute
a new source of pollution or an increased
source of pollution will be required,
as part of the initial project design
to provide the highest and best degree
of waste treatment practicable under
existing technology. In implementing
the policy of this paragraph as it relates
to waters under federal jurisdiction, the
Secretary of the Interior will be kept
advised and provided with such information
as he will need from time to time to
protect the interests of the United States
and the authority of the Secretary in
maintaining high quality of interstate
waters."
14
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Approved: June 7, 1971
IDAHO
"Waters whose existing quality is better than the established
standards as of the date of which such standards become effective
will be maintained at their existing high quality. These and
other waters of Idaho will not be lowered in quality unless and
until it has been affirmatively demonstrated to the Idaho
Department of Health and the Environmental Protection Agency
that such change is justifiable as a result of necessary
economic or social development and will not interfere with
or beomce injurious to any assigned uses made of, or present-
ly possible in, such waters. This will require that any industrial,
public, or private project or development which would constitute
a new source of pollution or an increased source of pollution to
high quality waters will be required, as part of the initial pro-
ject design, to provide the highest and best degree of waste
treatment available under existing technology, and since these
are also Federal standards, these waste treatment requirements
will be developed cooperatively."
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*Approved: June 5, 1972
ILLINOIS
Waters whose existing quality is better than the established standards
at the date of their adoption will be maintained in their present high
quality. Such waters will not be lowered in quality unless and until
it is affirmatively demonstrated that such change will not interfere
with or become injurious to any appropriate beneficial uses made of,
or presently possible in such waters and that such change is justi-
viable as a result of necessary economic- or social development.
*Earlier Approval: January 27, 1968
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Approved: January 20, 19/1
INDIANA
Waters whose existing quality is better than the established
standards *s of the date on which such standards become
effective will be maintained in their present high quality
consistent with the powers granted under the Indiana Stream
Pollution Control Law. Such waters will not be lowered in
quality unless and until it has been affirmatively demon-
strated to the Stream Pollution Control Board that such
change is justifiable as a result of necessary economic
or social development and will not become injurious to,
any assigned uses made of, or presently possible in, such
waters* In order to preserve, protect, and enhance existing
high quality waters, all waste discharges will receive a
minimum treatment level of secondary or higher as conditions
necessitate. In implementing this policy as it relates to inter-
state streams, the Secretary of the Interior will be kept
advised and provided with such information as is required to
discharge his responsibilities under the Federal Water Pollution
Control Act.
17
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Approved: June 30, 1971
I OVA
Waters whose existing quality is better
than the established standards as of the
date on which such standards become
effective will be maintained at high
quality unless it has been affirmatively
demonstrated to the State that a change
is justifiable as a result of necessary
economic or social development and Will
not preclude present and anticipated use
of such waters. Any industrial, public
or private project or development which
would constitute a new source of pollu-
tion or an increased source of pollution
to high quality waters will be required
to provide the necessary degree of waste
treatment to maintain high water quality.
(In implementing this rule, the appro-
priate ^agency of the Federal Government
will be kept advised and will be provided
with such information as it will need to
discharge its responsibilities under the
Federal Water Pollution Control Act, as
amended.)
18
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Approved: April 25, 1969
KANSAS
All waters of the State, whose existing qtiality is better
than the applicable water quality standards as established
by the State of Kansas as of the date the water quality
standards become effective will not be lowered in quality
until it has been determined by the Kansas State Board of
Health that the change is justifiable as a result of neces-
sary social and economic development and that all the bene-
ficial uses of waters affected will not be impaired. In
no case shall the quality of waters of the State be reduced
below the quality standards as established by the State of
Kansas.
Any industrial, public, or private project or development
which would constitute a new or increased source of pol-
lution to high quality waters will be required to provide
the best practicable degree of treatment available under
existing technology.
The Kansas State Board of Health will furnish reports and
information to the U. S. Department of the Interior as the
Secretary of the Interior may need to carry out his functions
under the Water Quality Act of 1965.
19
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Approved: December 23, 1971
KENTUCKY
Waters within the public domain of the
Commonwealth that possess a higher quality than
that established at the effective date of establish-
ed standards will be maintained at their present
high quality consistent with the powers granted under
the Water Pollution Control Law of the Commonwealth
of Kentucky. Such high quality waters will not be
lowered in quality unless and until it is affirmatevely
demonstrated to the Kentucky Water Pollution Control
Commission that such a change is justifiable as a re-
sult of necessary economic or social development and
will not adversely affect present uses and future uses
to be made of such waters. The most effective degree
of treatment for wastes discharged into such high
quality waters consisting of a minimum treatment level
of secondary or higher as conditions necessitate will
be required at the time of such permission. In im-
plementing this policy as it relates to interstate
streams the Environmental Protection Agency Administra-
tor will be kept advised and provided with such infor-
mation as is required to discharge his responsibilities
under the Federal Water Pollution Control Act.
20
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Approved: December 17, 1969
LOUISIANA
It is the policy of the Louisiana Stream Control Commission
that all interstate waters, portions thereof, and coastal
waters whose existing quality exceeds the approved water
quality standards will be maintained at their existing
high quality unless and/or until it has been affirmatively
demonstrated to the Louisiana Stream Control Commission
that such changes are justifiable as a result of desirable
and economic or social development, and further that such
changes will not interfere with or become injurious to the
user of the waters as described in the water quality standards.
The Louisiana Stream Control Commission will disapprove any
waste discharge that will cause water quality degradation of
interstate waters, portions thereof, and coastal waters of
Louisiana below the standards adopted by the State of Louisiana
and approved by the Federal Water Pollution Control Administra-
tion without complying with the Federal and State of Louisiana
laws applicable to the amendment of water quality standards.
Any industrial, public or private project or development that
would constitute a new source of pollution or an increased
source of pollution to any of the waters in Louisiana will be
required, as part of the initial project design, to provide
the highest and best degree of waste treatment available under
existing technology consistent with the best practice in the
area affected under the condition applicable to the project or
development. Consistent with the provision of the Federal
Water Quality Act the Louisiana Stream Control Commission will
keep the Department of Interior informed of its activities
and will furnish the Department of Interior informational reports,
in such form as the Secretary of the Department of Interior may,
from time to time, reasonably require to carry out his function
under the Federal Water Quality Act of 1965. The Louisiana
Stream Control Commission will consult and cooperate with the
Federal Water Pollution Control Administration of the Department
of Interior on matters that are a proper consideration of the
Federal Agency; the Federal Water Pollution Control Administration
will reciprocate in matters that are a proper consideration of the
Louisiana Stream Control Commission.
21
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Approved: July 30, 1971
MAINE
There shall be no discharge of sewage or
other wastes into water of this classification
unless specifically licensed by the commission
upon finding that no degradation will result to
the quality of such waters, and no deposits of
such material on the banks of such waters in such
a manner that transfer of the material into the
waters is likely. Such waters may be used for log
driving if sueh use will not lower its classification.
22
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Approved: July 16, 1971
MARYLAND
It is recognized that certain waters of
Maryland possess an existing quality
which is better than the water quality
standards established thereof. The
quality of these waters will be main-
tained unless and until it has been
demonstrated to the satisfaction of the
Department of Water Resources that a
change i is justifiable as a result of
necessary economic and social develop-
ment and will not preclude uses made of
or presently possible in such waters. To
accomplish this objective all proposed
new or increased sources of pollution
will be required to provide the best
practical degree of waste treatment to
maintain these waters at this high
quali ty.
In addition, there will be furnished to
the Federal Water Quality Office,
Environmental Protection Agency, such
information as is needed to enable the
Administrator of the Envi ronmentii
Protection Agency to fulfill his respon-
sibilities under the Federal law.
Water wh;ch does not meet the standards
established therefor, will be improved
to meet the standards.
23
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Approved: November 25, 1970
MASSACHUSETTS
Waters whose existing quality is better
than the established standards as of the
date on which such standards become
effective will be maintained at such high
quality unless it has been affirmatively
demonstrated to the state that a change
is justifiable as a result of necessary
economic or social development and will
not preclude uses presently possible in
such waters. An industrial, public, or
private project or development which
would constitute a new source of pollution
or an increased source of pollution to
Mgh quality waters will be required to
provide the highest and best practicable
means of waste treatment to maintain high
water quality. In implementing this
policy, the Secretary of the Interior will
be provided with such information as he
will need to discharge his responsibilities
under the Federal Water Pollution Control
Act, as amended
24
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Approved: April 17, 1968
MICHIGAN
Waters in which the existing quality is better than
the established standards on the date when such
standards become effective will not be lowered in
quality by action of the Water Resources Commission
unless and until it has been affirmatively demon-
strated to the Michigan Water Resources Commission
and the Department of the Interior that the change in
quality will not become injurious to the public health,
safety, or welfare or become injurious to domestic,
commercial, industrial, agricultural, recreational
or other uses which are being made of such waters,
or become injurious to the value or utility of riparian
lands; or become injurious to livestock, wild animals,
birds, fish, aquatic life or plants, or the growth or
propagation thereof be prevented or injuriously affected;
or whereby the value of fish arid game may be destroyed
or impaired, and that such lowering in quality will not
be unreasonable and against public interest in view of
the existing conditions in any interstate waters of
Michigan.
Water which does not meet the standards will be improved
to meet the standards.
25
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Approved: November 26, 1969
MINNESOTA
Waters which are of quality better than the established standards
will be maintained at high quality unless a determination is made
by the State that a change is justifiable as a result of necessary
economic or social development and will not preclude appropriate
beneficial present and future uses of the waters. Any project
or development which would constitute a source of pollution to high
quality waters will be required to provide the highest and best
practicable treatment to maintain high water quality and keep water
pollution at a minimum. In implementing this policy, the Secretary
of. the Interior will be provided with such information as he re-
quires to discharge his responsibilities under the Federal Water
Quality Act, as amended.
26
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Approved: June 26, 1968
MISSOURI
"It is recognized that certain of the waters
under consideration possess an existing quality
which is better than the standards established
herein. The quality of these waters will be
maintained unless and until it has been affirma-
tively demonstrated through public hearings that
other uses and different standards are justifiable
as a result of necessary economic or social de-
velopment. It will be required that the highest
and best technology be employed to maintain the
high quality of the waters. Additional data and
increased monitoring in cooperation with the
Federal Government and other states, will permit
the improvement of these standards. The interest
of the Federal Government in interstate waters is
recognized and this interest will be protected. "
27
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Approved: January 17, 1969
MONTANA
Waters whose existing quality is better than the estab-
lished standards as of the date on which such standards
become effective will be maintained at that high quality
unless it has been affirmatively demonstrated to the state
that a change is justifiable as a result of necessary
economic or social development and will not preclude
present and anticipated use of such waters. Any indus-
trial, public or private project or development which
would constitute a new source of pollution or an increased
source of pollution to high quality waters will be required
to provide the necessary degree of waste treatment to
maintain high water quality. In implementing this policy,
the Secretary of the Interior will be kept advised in
order to discharge his responsibilities under the Federal
Water Pollution Control Act, as amended.
28
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Approved: December 19, 1968
NEBRASKA
Waters whose existing quality is better than the
established standards as of the date on which such
standards become effective will be maintained at
this high quality unless it has been affirmatively
demonstrated to (he State that a change is justifiable
as a result of necessary economic or social develop-
ment. Any industrial, public or private project or
development which would constitute a new source
of pollution or an increased source of pollution to high
quality waters will be required to provide the nec-
essary degree of waste treatment to maintain high
water quality. In implementing this policy, the
Secretary of the Interior will be kept advised
and will be provided with such information as he
will need to discharge his responsibilities under
the Federal Water Pollution Control Act, as
amended.
29
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Approved: June 27, 1968
NEVADA
". . .to enhance water quality by upgrading
waters that are at present affected by pollution
and to perpetually maintain the quality of waters
that are at present of high or suitable quality . . .
". . . It is the public policy of this State to conserve
the waters of the State, and to protect, maintain
and improve the quality thereof for public water
supply, for the propagation of wildlife, fish, and
aquatic life, and for domestic, agricultural,
industrial, recreational, and other legitimate
uses; and to provide that no waste be discharged
into any waters of this State without first being
given the degree of treatment necessary to
protect the legitimate beneficial uses of such
waters; and to provide for the prevention, abate-
ment, and control of new and existing water
pollution; and to cooperate with other agencies
of the State, agencies of other states, and the
Federal Government, in carrying out these
objectives. . . "
Note: Nevada set the criteria for the high-quality
waters at existing levels. These criteria are the
minimum values below which water cannot be
degraded, thus allowing no degradation of present
levels.
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Approved: December 1, 1970
NEW HAMPSHIRE
In accordance with this explicit provision and all other pertinent
statutes bearing on the subject of water pollution control,it will
be our purpose to cooperate with the Federal Water Pollution Control
Administration of the U.S. Department of the Interior in maintaining
existing high water quality in all interstate river systems flowing
to or from this State. We would further subscribe to the philosophy
that there should be no discharges of pollution allowed without the
highest and best degree of waste treatment available for such
situations. In further connection with the above-referenced legisla-
tive policy and in compliance with the anti-degradation requirements
of the Department of the Interior, it should be emphasized that all
waters with existing high quality will not be bwered in quality
unless and until it has been affirmatively demonstrated and established
to the complete satisfaction of the Commission and the General Court
of the State of New Hampshire, that such lowering in quality is of
compelling necessity, in the public interest, and will not interfere
with or impair any legitimate uses assigned to or proposed for such
waters.
31
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Approved: March 13, 1*68
NEW JERSEY
It is the primary objective of the Water Pollution Control Program in
New Jersey to protect and enhance the quality of all surface waters of
the State including those classified as FW-1 which are to be retained
for posterity in their natural state and which shall not be subject to
any man-made wastewater discharges. The objective of protecting and
upgrading our waterways will take precedence over allowable minimal
quality limits for surface waters established through promulgation of
rules and regulations.
In all situations where there may be an impingement of a lesser quality
water upon that of a higher quality, it is the objective of the New Jersey
program to upgrade the lesser quality water in order to protect or improve
adjacent waters having a more critical use. It is anticipated that the
surface water classification and the standards of quality for New Jersey
waters will be subject to continual review and revision to achieve our
basic objectives.
The overriding consideration, however, regardless of the establishment
of water quality levels is that of wastewater treatment requirements.
The minimum degree of wastewater treatment now being permitted in the
State of New Jersey is that commonly identified as secondary treatment.
In New Jersey this means treatment necessary to provide as an absolute
minimum 80% reduction of biochemical oxygen demand and a maximum
permissible biochemical oxygen demand concentration of 50 parts per
million. In most areas in New Jersey, this standard is raised to require
biochemical oxygen demand reduction of 85% and 90% with appropriate
maximum permissible biochemical oxygen demand concentrations. At
many inland locations where only small tributaries to streams arc available,
the policy in New Jersey is either to prohibit the: discharge of any effluent
to surface waters or to require so-called tertiary treatment which is
the reduction of biochemical oxygen demand of 95% as a minimum with a
maximum concentration of 15 parts per million. It has been and is presently
the policy of the Department that wastewaters prior to discharge into any
fresh water streams in the State must receive as a minimum at least
90% treatment.
32
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Approved: November 19, 1968
NEW MEXICO
Degradation of waters whose existing quality is
better than the stream standards established by
the New Mexico Water Quality Control Commis-
sion, unless justifiable as a result of necessary
economic or social development, is not reason-
able degradation and is subject to abatement under
the authority granted the Commission by the Water
Quality Act of 1967> To protect the existing quality
of water the effluent standards established by the
Commission under that act will require the highest
and best degree of effluent treatment practicable.
In implementing this paragraph, the Commission
through the appropriate regional offices of the
Federal Water Pollution Control Administration .
will keep the Secretary of the Interior advised and
provided with such information concerning the
iiiterstate waters of New Mexico as he will need
fo discharge his responsibilities under the Fed-
eral Water Pollution Control Act (PL 84-660).
as amended.
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Approved: March 4, 1971
NEW YORK
It is recognized that certain waters of New York State possess
an existing quality which is better than the classification standards
assigned thereto. The quality of these waters will be maintained
unless and until it has been demonstrated,to the satisfaction of the
Commission of Environmental Conservation that other uses and different
standards are justifiable as a result of necessary economic or social
development. To accomplish this objective all proposed new or increased
sources of po!lution wi11 be required to provide the best practical
degree of waste treatment to maintain these waters at this higher
quality.
In addition, there will be furnished to the Federal Water Quality
Administration, U.S. Department of the Interior, such information as
is needed to enable the Secretary of the Interior to fulfill his
responsibilities under the Federal law.
Water which does not meet the assigned classification will be improved
to meet the standards.
34
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Approved: January 20, 1971
NORTH CAROLINA
Waters whose existing quality is better than the established
standards as of the date on which such standards become effective
will be maintained at high quality; provided that the State of
North Carolina has the authority to approve any project or develop-
ment, which would constitute a new or an increased discharge of
effluent to high quality water, when it has been affirmatively
demonstrated that a change is justifiable to provide necessary
economic or social development, and provided further, that the
necessary degree of waste treatment to maintain high water quality
will be required where physically and economically feasible.
Present and anticipated use of such waters will not be precluded
under the conditions of the aforesaid. In implementing this policy,
the Secretary of the Interior will be kept informed and will be
provided with such information as he will need in discharging his
responsibilities under the Federal Water Pollution Control Act.
35
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Approved: May 22, 1970
NORTH DAKOTA
It is hereby declared to be the policy of the State of North
Dakota to act in the public interest to protect, maintain and
improve the quality of the waters in the State for continued
use as public and private water supplies,propagation of wild-
life, fish and aquatic life, and for domestic,agricultural,
industrial, recreational and other legitimate beneficial uses,
to require necessary and reasonable treatment of sewage, in-
dustrial, or other wastes.
The "quality of the waters" shall be the quality of record
existing at the time these standards were established. Waters
whose existing quality is higher than the established standards
shall be maintained at the higher quality unless it can be
affirmatively demonstrated that a change in quality is justifiable
to provide necessary economic or social development and will not
adversely affect the stated beneficial uses of the water. Any
industrial, public, or private project or development which would
constitute a new or increased source of pollution to high quality
waters will be required to provide the highest and best practicable
degree of treatment available under existing technology. The
Secretary of the Interior will be kept advised and provided with the
information needed to discharge his responsibilities under the
Federal Water Pollution Control Act, as amended.
36
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Approved: September 13, 1968
OHIO
Waters whose existing quality is better than the estab-
lished standards as of the date on which such standards
become effective will be maintained at their existing
high quality, pursuant to the Ohio water pollution con-
trol statutes, so as not to interfere with or become
injurious to* any assigned uses made of, or presently
possible, in such waters. This will require that
any industrial, public or private project or development
which would constitute a new source of pollution or
an increased source of pollution to high quality waters
will be required, as part of the initial project design,
to provide the most effective waste treatment available
under existing technology. The Ohio Water Pollution
Control Board will cooperate with other agencies of
the state, agencies of other states, interstate agencies
and the Federal Government in the enforcement of
ie policy.
* The Solicitor's Office recommends the phrase "and
will not interfere with - -"as being superior to the
adopted and approved phrase "so as not to interfere
with - -" (lines 5 and 6).
37
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Approved: February 17, 1970
OKLAHOMA
The Water Quality Criteria for the Slat Fork of the
Arkansas, Cimarron, North Canadian and South Canadian
Rivers, and interstate tributaries, are based on the
present and potential uses, and on existing quality
data. The proposed criteria shall serve as guidelines
to control pollution and to maintain the best quality
which will result in an equitable balance of social
and economic benefits to the state. It is recognized
that certain of the waters under consideration possess
an existing quality which is better than the minimum
standards established. The quality of those waters
will be maintained unless and until it has been
affirmatively demonstrated to the state through public
hearings that other uses and different standards are
justifiable as a result of necessary economic or social
development. It will be required that the highest and
best technology be employed to maintain the high quality
of the waters. The interest of the Federal Government
in interstate waters is recognized and this interest will
be protected in accordance with the provisions of the
Oklahoma Statutes. In implementing these standards,
the Federal Government will be kept advised and will be
provided with such information as needed to discharge
its responsibilities under the Federal Water Pollution
Control Act, as Amended. It is realized that the criteria
cannot be considered as premanently fixed. Future
changes in cultural activities, the development of
additional quality data, the enhancement of existing
improvements in was€ treatment technology may
necessitate revisions of the criteria. The proposed criteria
are applicable at all times and at al1 flows, except as
otherwise indicated.
38
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Approved: December 17, 1968
OREGON
Notwithstanding the general and special water quality
standards contained in this subdivision, the highest and
best practicable treatment and/or control of wastes,
activities and flows shall in every case be provided so
as to maintain dissolved oxygen and overaE water quality
at the highest possible levels and water temperatures,
coliform bacteria concentrations, dissolved chemical
substances, toxic materials, radioactivity, turbidities,
color, odor and other deleterious factors at the lowest
possible levels. *
* Approval contingent on stringent criteria set for
high quality waters.
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Approved: October 7, 1971
PENNSYLVANIA
Waters having a better quality than the applicable
water quality criteria as of the effective date of the establishment
of such criteria shall be maintained at such high quality unless
it is affirmatively demonstrated to the state that a change is
justified as a result of necessary economic or social development
I
and will not preclude uses presently possible in such waters.
Any industrial, public or private project or development
which would constitute a new source of pollution or an increased
source of pollution to high quality waters shall be required
to provide the highest and best practicable means of waste
treatment to maintain high water quality.
In implementing the provisions of this policy, the
Department shall keep the Administrator of the Environmental
Protection Agency advised and shall provide him with such
information to discharge his responsibilities under the Federal
Water Pollution Control Act (33 U.S.C. 1151 et seq.).
40
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Approved: December 30, 1968
PUERTO RICO
Coastal waters whose exi.slti.ng quality is better than
the established standards as of the date on which
such standards become effective will be maintained
at their existing high quality. These and other coastal
waters of Puerto Rico will not be lowered in quality
unless and until it has been affirmatively demonstrated
to the water pollution control agency for Puerto Rico
that such change is justifiable as a result of necessary
economic or social development and will not interfere
with or become injurious to any assigned uses made of,
or presently possible in, such waters. This will
require that any industrial, public or private project
or development which would constitute a new source
of pollution or an increased source of pollution to high
quality waters will be required-, as part of the initial
project design, to provide the best practical degree of
treatment available under existing technology, and,
since these are also Federal standards, these waste
treatment requirements will be developed in cooperation
with the Federal Water Pollution Control Administration.
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Approved: January 20, 197\
RHODE ISLAND
"Waters whose existing quality is better than the estab-
lished standards as of the date of which such standards
become effective will be maintained at such high quality
unless it has been affirmatively demonstrated to the State
that a change is justifiable as a result of necessary eco-
nomic or social development and will not result in a
significant loss of a use presently possible in such waters.
Any industrial, public, or private project or development
which would constitute a new source of pollution or an
increased source of pollution to high quality waters will
be required to provide the highest and best practicable
means of waste treatment to maintain high water quality.
In implementing this policy, the Secretary of the Interior
will be kept advised and will be provided with such informa-
tion as he will need to discharge his responsibilities under
the Federal Water Pollution Control Act, as amended.'1
42
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Approved: April 21, 1969
SOUTH CAROLINA
Waters whose existing quality is better than
the established standards will not be lowered
in quality unless and until it has been affirma-
tively demonstrated to the South Carolina
Pollution Control Authority that such change
is justifiable as a result of necessary economic
or social development and will not interfere
with or become injurious to any assigned uses
made of such waters. Any industrial, public
or private project or development which could
constitute a new source of pollution or an in-
creased source of pollution to high quality Waters
will be required by the South Carolina Pollution
Control Authority as part of the initial project
design, to provide the highest and best degree of
waste treatment practicable under existing tech-
nology. In implementing the policy of this para-
graph as it relates to interstate streams, the
Secretary of the Interior will be advised and pro-
vided with such information as he will need from
time to time to protect the interests of the
United States and the authority of the Secretary
in maintaining high quality of interstate waters.
43
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Approved: June 28, 1971
SOUTH DAKOTA
"Waters whose existing quality is better than the
established standards as of the date of which such
standards become effective will be maintained at
this high quality unless it has been affimatively
demonstrated to the State that a change is justifi-
able as a result of necessary .economic or social
development. Any industrial, public or private
project or development which would constitute a
new source of pollution or an increased source
of pollution to high quality waters will be required
to provide the necessary degree of waste treatment
to maintain high water quality. In implementing
this policy, the Administrator of the Environmental
Protection Agency will be kept advised and will be
provided with such information as he will need to
discharge his responsibilities under the Federal
Water Pollution Control Act, as amended."
44
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Approved: June 2, 1972
TENNESSEE
1. The Standards and Plan adopted are designed to provide for the
protection of existing water quality and/or the upgrading or "enhance-
ment" of water quality in all waters within Tennessee. It is recog-
nized that some waters may have existing quality better than
established standards.
2. The Criteria and Standards shall not be construed as permitting the
degradation of these higher quality waters when such can be prevented
by reasonable pollution control measures. In this regard, existing
high quality water will be maintained unless and until it is affirma-
tively demonstrated to the Tennessee Water Quality Control Board that
a change is justifiable as a result of necessary social and economic
development.
3. All discharges of sewage, industrial waste, or other waste shall
receive the best practicable treatment (secondary or the equivalent)
or control according to the policy and procedure of the Tennessee
Water Quality Control Board. A degree of treatment greater than
secondary when necessary to protect the water uses will be required
for selected sewage and waste discharges.
4. In implementing the provisions of the above as they relate to inter-
state streams, the Tennessee Water Quality Control Board will cooperate
with the appropriate Federal Agency in order to assist in carrying out
responsibilities under the Federal Water Pollution Control Act, as
amended.
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Approved: May 2, 1969
TEXAS
In implementing the legislative policy expressed in the
Texas Water Quality Act of 1967 and subject to the fore-
going, it is the policy of the Texas Water Quality Board
that the interstate waters in the State whose existing
quality is better than the applicable water quality require-
ments described herein as of the date when those- require-
ments become effective will as provided hereafter be
maintained at their high quality, and no waste discharges
may be made which will result in the lowering of the
quality of these waters unless and until it has been demon-
strated to the Texas Water Quality Board that the change
is justifiable as a result of desirable economic or social
development. Therefore, the Board-will not authorize
or approve any waste discharge which will result in the
quality of any of the interstate waters in the State being
reduced below the water quality standards without com-
plying with the Federal and State laws applicable to the
amendment of water quality standards. Anyone making
a waste discharge from any industrial, public or private
project or development which would constitute a new
source of pollution or an increased source of pollution
to any of the interstate waters in the State will be re-
quired,as part of the initial project design, to provide
the highest and best degree of waste treatment available
under existing technology consistent with the best prac-
tice in the particular field affected under the conditions
applicable to the project or development. In the spirit of
the Federal Water Pollution Control Act, the Board will
keep the Department of the Interior informed on its activ-
ities and will furnish to the Department such reports, in such
form, and containing such information as.the Secretary of
the Interior may from time to time reasonably require to
carry out his functions under the Act. Additionally, the
Board will consult and cooperate with the Department of
the Interior on all matters affecting the Federal interest.
46
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Approved: December 31, 1968
UTAH
Waters whose existing quality is better than
the established standards will be maintained
at high quality unless it has been affirmatively
demonstrated to the State that a change is
justifiable as a result of necessary economic
or social development and will not preclude
present and anticipated use of such waters.
Any industrial, public or private project or
development which would constitute a new
source of controllable pollution or an increased
source of controllable pollution to high quality
waters will be required to provide waste treat-
ment to maintain high water quality to the
extent that such treatment is practicable. In
implementation of this policy, the Secretary
of Interior will be kept advised and will be pro-
vided with such information as he will need to
discharge his responsibilities under the Federal
Water Pollution Control Act, as amended.
47
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Approved: August £4, 1971
VERMONT
It is recognized that certain waters of Vermont
possess an existing quality which is better than
the classification standards assigned thereof.
The quality of these waters will be maintained
unless and until it has been affirmatively
demonstrated through public hearings that other
uses and different standards are justifiable
as a result of necessary economic or social
development.
To accomplish this objective all proposed new or
increased sources of pollution will be required
to provide the best practical degree of waste
treatment to maintain these waters at this high
quality.
In implementing this policy, the Administrator
of the United States Environmental Protection
Agency will be kept advised and provided with
such information as he will need to discharge
his responsibilities under the Federal Water
Pollution Control Act, as amended.
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Approved: April 28, 1970
VIRGIN ISLANDS
Waters whose existing quality is better than the established
standards as of the date of which such standards become effective
will be maintained at their existing high quality. These and
other waters of the Virgin Islands will not be lowered in quality
unless and until it has been affirmatively demonstrated to the
Territory's water pollution control agency and the Department of
the Interior that such change is justifiable as a result of
necessary economic or social development and will not interfere
with or become injurious to any assigned uies made of, or presently
possible in such waters. Any industrial, public or private project
or development which would constitute a ,view source of pollution or
an increased source of pollution to high quality waters will be
required, as part of the initial project design, to provide the
highest and best practicable degree of waste treatment available
under existing technology, and since these are also Federal
standards, these waste treatment requirements will be developed
cooperatively.
49
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Approved: February 22, 1971
VIRGINIA
Waters whose exi sting .qual i ty is better than
the established standard as of the date on
which such standards become effective will be
maintained at high quality; provided that the
Commonwealth of Virginia has the authority
to approve any project or development, which
would constitute a new or an increased dis-
charge of effluent to high quality water, when
it has been affirmatively demonstrated that
a change is justifiable to provide necessary
economic or social development., and provided
further, that the necessary degree Of waste
treatment to maintain high water" quality will
be required where physically and economically
feasible. Present and anticipated use of such
waters will not be precluded under the condi-
tions of the aforesaid. In implementing this
policy, the Secretary of the Interior will be
kept informed and will be provided with such
information that he will need to discharge his
responsibilities under the Federal Water
Pollution Control Act.
SO
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Approved: January 22, 1968
WASHINGTON
Regardless of the water quality criteria
as herein established, wherever existing
receiving waters of a classified area are
of a higher quality man the criteria assigned
for said area, the existing water quality
shall constitute water quality criteria. Like-
wise, existing water quality conditions shall
constitute the criteria for interstate and
coastal waters not specifically classified
herein.
51
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Approved: July 30, 1971
WEST VIRGINIA
"3.02 Waters whose existing quality is better than the es-
tablished standards will not be lowered in quality unless and until
it has been affirmatively demonstrated to the Chief of the
Division of Water Resources, Department of Natural Resources,
that such change is justifiable as a result of necessary de-
velopment and will not interfere with or become injurious to
any present or future assigned uses of such waters. In special
cases where the facts warrmitr more stringent standards or
exceptions thereto may be established. In implementing
the policy of this paragraph as it relates to interstate streams,
the Secretary of the Interior will be kept advised and provided
with such information as he will need from time to time to
protect the interests of the United States and the authority
of the Secretary in maintaining high quality of interstate
waters."
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Approved: January 24, 1968
WISCONSIN
Regardless of the water quality standards and
water use, untreated or inadequately treated
wastes may not impair a designated use nor
may standards be interpreted to permit a lower
quality within a water sector than that now
existing or required by outstanding orders.
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Approved: November 27, 1968
WYOMING
Waters whose existing quality is better than the
established standards as of the date on which
such standards become effective will be maintained at
high quality; provided that the State of Wyoming has
the power to authorize any project or development,
which would constitute a new source of pollution or
an increased source of pollution to high quality water,
when it has been affirmatively demonstrated that a
change is justifiable to provide necessary economic
or social development; provided further that the
necessary degree of waste treatment to maintain
high water quality will be required where physically
and economically feasible. Present and anticipated
use of such waters will not be precluded under the
conditions aforesaid. In implementing this policy
the Secretary of the Interior will be kept advised
and will be provided with such information as he
will need to discharge his responsibilities under
the Federal Water Pollution Control Act, as
amended.
54
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