49-233. Priority ranking and schedule


A. Each list developed by the department pursuant to section 49-232 shall contain
a priority ranking of navigable waters identified as impaired and for which total maximum
daily loads are required pursuant to section 49-234 and a schedule for the development of
all required total maximum daily loads.


B. In the first list submitted to the United States environmental protection agency
after the effective date of this article, the schedule shall be sufficient to ensure that
all required total maximum daily loads will be developed within fifteen years of the date
the list is approved by the environmental protection agency. Total maximum daily loads
that are required to be developed for navigable waters that are included for the first
time on subsequent lists shall be developed within fifteen years of the initial inclusion
of the water on the list.


C. As part of the rule making prescribed by section 49-232, subsection C, the
department shall identify the factors that it will use to prioritize navigable waters
that require development of total maximum daily loads. At a minimum and to the extent
relevant data is available, the department shall consider the following factors in
prioritizing navigable waters for development of total maximum daily loads:


1. The designated uses of the navigable water.


2. The type and extent of risk from the impairment to human health or aquatic life.


3. The degree of public interest and support, or its lack.


4. The nature of the navigable water, including whether it is an ephemeral,
intermittent or effluent-dependent water.


5. The pollutants causing the impairment.


6. The severity, magnitude and duration of the violation of the applicable surface
water quality standard.


7. The seasonal variation caused by natural events such as storms or weather
patterns.


8. Existing treatment levels and management practices.


9. The availability of effective and economically feasible treatment techniques,
management practices or other pollutant loading reduction measures.


10. The recreational and economic importance of the water.


11. The extent to which the impairment is caused by discharges or activities that
have ceased.


12. The extent to which natural sources contribute to the impairment.


13. Whether the water is accorded special protection under federal or state water
quality law.


14. Whether action that is taken or that is likely to be taken under other programs,
including voluntary programs, is likely to make significant progress toward achieving
applicable standards even if a total maximum daily load is not developed.


15. The time expected to be required to achieve compliance with applicable surface
water quality standards.


16. The availability of documented, effective analytical tools for developing a
total maximum daily load for the water with reasonable accuracy.


17. Department resources and programmatic needs.