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.

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.