R 323.1100 Designated uses.

Rule 100. (1) At a minimum, all surface waters of the state are designated and protected for all of the following uses: (a) Agriculture. (b) Navigation. (c) Industrial water supply. (d) Warmwater fishery. (e) Other indigenous aquatic life and wildlife. (f) Partial body contact recreation. (g) Fish consumption. (2) All surface waters of the state are designated and protected for total body contact recreation from May 1 to October 31 in accordance with the provisions of R 323.1062. Total body contact recreation immediately downstream of wastewater discharges, areas of significant urban runoff, combined sewer overflows, and areas influenced by certain agricultural practices is contrary to prudent public health and safety practices, even though water quality standards may be met. (3) If designated uses are interrupted due to uncontrollable circumstances during or following flood conditions, accidental spillages, or other emergencies, then notice shall be served upon entities affected by the interruption in accordance with procedures established by the department. Prompt corrective action shall be taken by the discharger to restore the designated uses. (4) All inland lakes identified in the publication entitled "Coldwater Lakes of Michigan," as published in 1976 by the department of natural resources, are designated and protected for coldwater fisheries. (5) All Great Lakes and their connecting waters, except for the entire Keweenaw waterway, including Portage lake, Houghton county, and Lake St.Clair, are designated and protected for coldwater fisheries. (6) All lakes listed in the publication entitled "Designated Trout Lakes and Regulations," issued September 10, 1998, by the director of the department of natural resources under the authority of part 411 of 1994 PA 451, MCL 324.41101 et seq., are designated and protected for coldwater fisheries. (7) All waters listed in the publication entitled "Designated Trout Streams for the State of Michigan," Director's Order No. DFI-101.97, by the director of the department of natural resources under the authority of section 48701(m) of 1994 PA 451, MCL 324.48701(m) are designated and protected for coldwater fisheries. (8) All surface waters of the state that are identified in the publication "Public Water Supply Intakes in Michigan," dated December 9, 1999, are designated and protected as public water supply sources at the point of water intake and in such contiguous areas as the department may determine necessary for assured protection. In addition, all Michigan waters of the Great Lakes and connecting waters shall meet the human cancer and human noncancer values for drinking water established pursuant to R 323.1057(4). The requirement to meet the human cancer and human noncancer values for drinking water shall not apply to pollutant loadings from a tributary in an area where a tributary mixes with the Great Lake, connecting water, or a waterbody that has been designated for use as a public water supply source, unless a water intake was located in this area on April 2, 1999. (9) Water quality of all surface waters of the state serving as migratory routes for anadromous salmonids shall be protected as necessary to assure that migration is not adversely affected. (10) Effluent discharges to wetlands that result in water quality that is inconsistent with that prescribed by these rules may be permitted after a use attainability analysis shows that designated uses are not and cannot be attained and shows that attainable uses will be protected. (11) After completion of a comprehensive plan developed under R 323.1064(3), upon petition by a municipality or other person, and in conformance with the requirements of 40 C.F.R. §131.10 (1995), designation of uses, which are adopted by reference in R 323.1117, the department may determine that attainment of the dissolved oxygen standards of R 323.1064(1) is not feasible and designate, by amendment to this rule, a limited warmwater fishery use subcategory of the warmwater fishery use or a limited coldwater fishery use subcategory of coldwater fishery use. For waters so designated, the dissolved oxygen standards specified in the provisions of R 323.1064(2) and all other applicable standards of these rules apply. For waters so designated, the dissolved oxygen standards specified in R 323.1064(1) do not apply. Not less than 60 days before a municipality or other person files a petition pursuant to this subrule, a petitioner shall provide written notice to the department and the clerk of the municipalities in which the affected waters are located of the petitioner's intent to file a petition.