COMMONWEALTH
OF
PUERTO
RICO
OFFICE
OF
THE
GOVERNOR
ENVIRONMENTAL
QUALITY
BOARD
Pursuant
to
and
in
accordance
with
the
Environmental
Policy
Act
(
Law
No.
9
of
June
18,
1970,
as
amended),
this
PUERTO
RICO
WATER
QUALITY
STANDARDS
REGULATION,
AS
AMENDED,
ON
MARCH
2003.

Has
been
promulgated
by
Resolution
Number
R­
03­
5
to
enhance,
maintain
and
preserve
the
quality
of
the
waters
of
Puerto
Rico
compatible
with
the
social
and
economic
needs
of
Puerto
Rico.

Dated
this
March
28,
2003
__________________________
_______________________

Associate
Member
Vice­
Chairman
________________________
Chairman
i
NOTE:
(
THE
ORIGINAL
WATER
QUALITY
STANDARDS
REGULATION
WAS
FILED
IN
THE
DEPARTMENT
OF
STATE
ON
JANUARY
4,
1974.
SUBSEQUENT
AMENDMENTS
WERE
MADE
ON
MAY
1974,
OCTOBER
1976
AND
FEBRUARY
1983,
NOVEMBER
1987,
AND
JULY
1990)
ii
TABLE
OF
CONTENTS
PAGE
DECLARATION
OF
GOALS
AND
PURPOSES
1
ANTIDEGRADATION
POLICY
2
ARTICLE
1:
DEFINITIONS
3
ARTICLE
2:
CLASSIFICATION
OF
THE
WATERS
OF
PUERTO
RICO
ACCORDING
TO
THE
DESIGNATED
USES
22
2.1
Coastal
and
Estuarine
Waters
22
2.1.1
Class
SA
22
2.1.2
Class
SB
22
2.1.2.1
Shellfish
Growing
Areas
22
2.1.3
Class
SC
22
2.2
Surface
Waters
23
2.2.1
Class
SD.
23
2.2.2
Class
SE.
23
2.3
Ground
Waters
23
2.3.1
Class
SG
23
2.3.1.1
Subclass
SG1
23
2.3.1.2
Subclass
SG2
23
ARTICLE
3:
WATER
QUALITY
STANDARDS
AND
USE
CLASSIFICATIONS
FOR
WATERS
OF
PUERTO
RICO
24
3.1
General
Water
Quality
Standards
24
3.1.1
Solid
and
Other
Matter
24
3.1.2
Color,
Odor,
Taste
and
Turbidity
24
3.1.3
Radioactive
Materials
25
3.1.4
Temperature
25
3.1.5
Suspended,
Colloidal
or
Settleable
Solids
25
iii
TABLE
OF
CONTENTS
Cont.

PAGE
ARTICLE
3:
Continued
3.1.6
Biochemical
Oxygen
Demand
25
3.1.7
Asbestos
25
3.1.8
Oil
and
Grease
25
3.1.9
Substances
in
Toxic
Concentrations
and
Synergistic
Toxic
Effects
26
(
A)
Specific
Standards
for
Inorganics
Substances
27
(
B)
Specific
Standards
for
Pesticides
28
1.
Organochlorides
28
2.
Organothiophosphorus
29
3.
Pesticides
in
Ground
Water
29
(
C)
Specific
Standards
for
Non­
Pesticides
Organic
Substances
30
(
D)
Specific
Standards
for
Volatile
Organic
Substances
31
(
E)
Specific
Standards
for
Semi­
Volatile
Organic
Substances
32
(
D)
Synergistic
Toxic
Effects
33
3.2
Use
Classification
and
Water
Quality
Standards
for
Specific
Classifications
33
3.2.1
Class
SA
33
(
A)
Usages
and
Description
33
(
B)
Standards
33
3.2.2
Class
SB
33
(
A)
Usages
and
Description
33
(
B)
Standards
33
3.2.3
Class
SC
34
(
A)
Usages
and
Description
34
(
B)
Standards
34
3.2.4
Class
SD
34
(
A)
Usages
and
Description
35
(
B)
Standards
36
iv
TABLE
OF
CONTENTS
Cont.

PAGE
ARTICLE
3:
Continued
3.2.5
Class
SE
38
(
A)
Usages
and
Description
38
(
B)
Standards
38
3.2.6
Class
SG
38
(
A)
Usages
and
Description
38
(
B)
Standards
38
ARTICLE
4:
INTERMITENT
STREAMS
40
4.1
General
40
4.2
Application
for
Relief
40
4.2.1
Content
of
the
Application
40
4.2.2
Authorized
Signature
41
4.2.3
Certification
of
the
Application
for
Relief
41
4.3
Standards
for
Granting
Relief
42
4.4
Tentative
Determinations
43
4.5
Public
Notice
and
Opportunity
for
Public
Hearing
43
4.5.1
Requirements
for
Public
Notice
43
4.5.2
Cost
of
the
Public
Notice
44
4.6
Public
Hearings
44
4.6.1
Requirements
for
Public
Hearings
44
4.6.2
Content
of
the
Public
Notice
44
4.6.3
Requirement
to
Publish
44
4.6.4
Cost
of
Public
Notice
45
4.7
Final
Determination
45
v
TABLE
OF
CONTENTS
Cont.

PAGE
ARTICLE
4:
Continued
4.8
Duration
of
Relief
45
4.9
Revocation
of
Relief
45
4.10
Monitoring
Requirements
45
ARTICLE
5:
MIXING
ZONES
46
5.1
General
46
5.2
Natural
Background
Concentration
46
5.3
Mixing
Zones
Authorization
Application
46
5.4
General
Standards
for
Granting
Interim
Autorization
for
Mixing
Zones
47
5.5
Mixing
Zones
Boundaries
50
5.6
Additional
Standards
for
Granting
Interim
Authorization
for
Mixing
Zones
50
5.7
Period
to
Grant
Interim
Autorization
for
Mixing
Zone
50
5.8
Period
if
Validity
of
Interim
Mixing
Zone
Authorization
50
5.9
Calibration
and
Validation
of
Mathematical
Models
Used
to
Define
a
Mixing
Zone
50
5.10
Standards
for
Granting
Final
Mixing
Zone
Authorizations
51
5.11
Period
of
Validity
of
Final
Authorization
of
Mixing
Zones
52
5.12
Renewal
of
Mixing
Zones
Authorization
52
5.13
Revocation
of
Interim
and
Final
Authorization
of
Mixing
Zones
52
5.14
Procedures
for
Revoking
Mixing
Zones
Authorizations
52
5.15
Ocean
Outfall
and
Diffuser
Requirements
53
5.16
Compliance
Plans
53
ARTICLE
6:
GENERAL
PROVISIONS
54
6.1
General
Prohibitions
54
6.1.1
Pollution
of
the
Waters
of
Puerto
Rico
54
6.1.2
Discharge
of
Pollutants
54
vi
TABLE
OF
CONTENTS
Cont.

PAGE
ARTICLE
6:
Continued
6.1.3
No
person
shall
cause
or
allow
any
discharge
for
which:
54
6.2
Source
Monitoring,
Record
Keeping,
Reporting,
Sampling
and
Testing
Methods
55
6.2.1
Monitoring,
Records,
Reports
55
6.2.2
Right
of
Entry
55
6.2.3
Sample
Collection
and
Analysis
55
6.2.4
Certification
of
Records
and
Reports
55
6.2.5
Sampling
and
Testing
Facilities.
56
6.3
Discharge
Data
Available
to
Public
Presentation
56
6.3.1
Public
Access
to
Data
56
6.3.2
Presentation
of
Data
56
6.4
Malfunction
of
Equipment;
Reporting
56
6.5
Emergency
Plan
56
6.6
Water
Pollution
Control
Equipment
57
6.6.1
General
57
6.6.2
Operation
57
6.7
Minimum
Treatment
Required
57
6.8
Standards
for
substances
at
Concentrations
Below
the
Detection
Level
57
6.9
Toxicity
Testing
58
6.10
Site­
Specific
Water
Quality
Standards
58
6.11
Water
Quality
Certificate
58
6.12
Compliance
Plan
59
ARTICLE
7:
PENALTIES
60
ARTICLE
8:
ADDITIONAL
PROVISIONS
61
8.1
Public
Nuisance
61
vii
TABLE
OF
CONTENTS
Cont.
PAGE
8.2
Overlapping
or
Contradictory
Provisions.
61
8.3
Derogation.
61
8.4
Separability
Clause
61
8.5
Effectiveness
61
8.6
Amendments
to
This
Regulations
61
8.6.1
Effective
Date
of
Amendments
61
8.6.2
Required
Public
Hearing
on
Amendments
62
8.6.3
Notice
of
Required
Public
Hearing
62
8.6.4
Mandatory
Periodic
Hearings
on
the
Regulation
62
8.6.5
Effect
of
Pending
Amendment
62
ARTICLE
9:
TEMPORARY
EXEMPTIONS
64
9.1
General
64
9.2
Circumstances
That
May
Require
a
Temporary
Exemption
64
9.3
Exclusions
65
9.4
Exemption
Application
65
9.4.1
Pre­
application
Coordination
Meeting
65
9.4.2
Content
of
Category
I
Exemption
Application
65
9.4.3
Content
of
Category
II
Exemption
Application
66
9.4.4
Environmental
Studies
for
Category
II
Exemptions,
Performed
by
the
Board
67
9.4.5
Authorized
Signature
67
9.5
Public
Participation
68
9.5.1
Public
Notice
68
9.5.2
Public
Requirements
68
9.5.3
Cost
of
the
Public
Notice
68
9.6
Criteria
to
Grant
Category
I
Exemption
68
viii
TABLE
OF
CONTENTS
Cont.

PAGE
ARTICLE
9:
Continued
9.7
Criteria
to
Grant
Category
II
Exemption
69
9.8
Duration
of
the
Temporary
Exemption
69
9.9
Termination
of
the
Temporary
Exemption
69
9.10
Consequences
of
the
Termination
of
an
Exemption
70
9.11
Operation
During
the
Effective
Period
of
Exemption
70
ARTICLE
10:
WASTE
LOAD
ALLOCATION
71
10.1
General
71
10.2
WLA
Applications
71
10.3
Standards
for
Allocation
71
10.4
Determination
of
the
substances
for
which
the
WLA
shall
be
performed
73
10.5
Dissolved
Oxygen
(
DO)
WLA
74
10.6
Allocations
74
10.7
Reallocations
75
10.8
Effectiveness
76
10.9
Validity
76
10.10
Revocation
76
10.11
Procedures
for
Revoking
Allocations
76
10.12
Cost
incurred
by
the
Board
Performing
WLA
76
ATTACHMENT
77
DECLARATION
OF
GOALS
AND
PURPOSES
The
Environmental
Quality
Board
recognizes
that
water
pollution
is
detrimental
to
public
health
and
welfare,
creates
public
nuisances,
is
harmful
to
wildlife,
fish
and
other
aquatic
life,
and
impairs
domestic,

agricultural,
industrial,
recreational
and
other
beneficial
uses
of
water.

It
is
the
goal
of
this
Board,
and
this
Regulation,
to
preserve,
maintain
and
enhance
the
quality
of
the
waters
of
Puerto
Rico
in
such
manner
that
they
be
compatible
with
the
social
and
economic
needs
of
the
Commonwealth
of
Puerto
Rico.

The
purposes
of
this
Regulation
are
to:
(
1)
designate
the
uses
for
which
the
quality
of
the
waters
of
Puerto
Rico
shall
be
maintained
and
protected,
(
2)
prescribe
the
water
quality
standards
required
to
sustain
the
designated
uses,
(
3)
identify
other
rules
and
regulations
applicable
to
sources
of
pollution
that
may
affect
the
quality
of
waters
subject
to
this
Regulation
and
(
4)
prescribe
additional
measures
necessary
for
implementing,
achieving
and
maintaining
the
prescribed
water
quality.

This
Regulation
is
enacted
in
accordance
with
Law
No.
9
approved
on
June
18,
1970,
as
amended
known
as
the
Public
Policy
Environmental
Act,
and
nullifies
any
previous
provision,
resolution,
agreement
or
regulation
of
the
Commonwealth
of
Puerto
Rico
on
the
same
subject
which
may
contradict
this
Regulation.
ANTI­
DEGRADATION
POLICY
It
is
the
policy
to
the
Government
of
Puerto
Rico
to
conserve
and
protect
the
existing
uses
of
the
Waters
of
Puerto
Rico.
The
water
quality
necessary
to
protect
the
existing
uses,
including
threatened
and
endangered
species
shall
be
maintained
and
protected.

In
those
water
bodies
where
the
quality
exceeds
levels
necessary
to
support
propagation
of
fish,
shellfish,

wildlife,
desirable
species
including
threatened
or
endangered
species
and
recreation
in
and
on
the
water,
that
quality
shall
be
maintained
and
protected.
A
lower
water
quality
may
be
allowed
when
the
Board
finds,
after
full
satisfaction
of
the
intergovernmental
coordination
and
public
participation
provisions
of
the
Board's
Continuing
Planning
Process
that
allowing
lower
water
quality
is
necessary
to
accommodate
important
economic
or
social
development
in
the
area
where
the
waters
are
located.
In
allowing
such
lower
water
quality,
the
Board
shall
require
a
water
quality
level
adequate
to
protect
existing
uses
fully.
Further,
the
Board
will
require
that:

(
1)
the
highest
statutory
and
regulatory
requirements
for
all
new
and/
or
existing
point
sources
be
achieved
and
(
2)
all
cost­
effective
and
reasonable
best
management
practices
for
non­
point
source
control
be
implemented.

Where
high
quality
waters
constitute
an
outstanding
national
resource,
such
as
waters
of
El
Yunque
National
Forest
and
State
parks,
wildlife
refuges
and
waters
of
exceptional
recreational
or
ecological
significance,

that
water
quality
shall
be
maintained
and
protected.

Where
potential
water
quality
impairment
is
associated
with
a
thermal
discharge,
this
thermal
discharge
must
comply
with
Section
316
of
the
Clean
Water
Act
as
amended.

Attachment
includes
the
EQB=
s
Plan
for
The
Implementation
of
the
Anti­
Degradation
Policy.
ARTICLE
1
­
DEFINITIONS
Acute
Bioassay
Toxicity
test
designed
to
determine
if
the
response
to
a
stimulus,
such
as
a
total
effluent,
specific
substance
or
combinations
of
these,
has
sufficient
severity
to
induce
a
detectable
effect
in
an
organism
during
a
period
of
96
hours
of
less;
even
if
said
effect
is
not
necessarily
the
death
of
the
organism.
The
acute
bioassays
shall
be
performed
according
to
the
procedures
described
in
"
Mixing
Zone
and
Bioassay
Guidelines"
approved
by
the
Board.

Acute
Effect
Organism
response
to
a
stimulus,
detected
during
an
acute
bioassay
that
comprises
a
stimulus
of
such
severity
that
induces
a
quick
response.
In
toxicity
tests,
an
acute
response
is
considered
to
occur
in
a
period
of
96
hours
or
less.
An
acute
effect
can
take
place
through
events
that
not
necessarily
involve
the
death
of
the
organism.

Acute
Toxicity
Units
The
reciprocal
of
the
effluent
dilution
that
causes
an
acute
effect
by
the
end
of
an
acute
exposure
period,
obtained
during
an
acute
bioassay
as
defined
by
the
following
equation:

TUa
=
100
LC50
(
The
LC50
is
expressed
as
the
percent
(%)
of
effluent
in
the
dilution
water).

Agent
All
the
factors,
including
light
and
heat,
which
cause
or
could
cause,
induce
or
could
induce,
produce
or
could
produce,
influence
or
could
influence,
help
or
could
help
to
cause
variations
or
alterations
in
organisms
or
in
the
environment.

Adverse
Effect
Refers
to
any
human­
induced
change
in
the
quality
of
a
water
body
that
may
cause
undesirable
physiological
reactions
in
humans,
fish
or
other
fauna
or
flora.

Applicable
Rules
and
Regulations
See
Section
6.1.2.

Background
Concentration
Existing
biological,
chemical
or
physical
characteristics
in
a
body
of
water.
For
mixing
zones,
a
point
one
hundred
(
100)
meters
up­
stream
from
the
limit
of
the
mixing
zone
will
be
used
for
monitoring,
or
at
the
location
approved
by
the
Board
by
mutual
agreement
with
the
petitioner,
based
on
the
details
of
each
individual
case.
The
value
of
the
background
concentration
will
be
determined
according
to
the
procedures
established
by
the
"
Mixing
Zone
and
Bioassay
Guidelines"
approved
by
the
Board.
Benthic
Species
Organisms
that
inhabit
on,
over,
or
in
the
bottom
of
the
waterbody;
live
adhered
to
the
bottom
or
crawl
over
the
bottom.

Best
Engineering
Practices
Use
of
the
most
effective
procedures,
methods,
techniques,
and/
or
equipment
to
efficiently
attain
the
desired
objective
at
a
minimum
economic,
human
and
environmental
cost.

Best
Management
Practices
(
BMP)

The
most
effective
practicable
means
of
preventing
or
reducing
the
amount
of
pollution
generated
by
non­
point
and
point
sources
to
a
level
more
compatible
to
the
water
quality
goals,
including,
but
not
limited,
to
structural
and
nonstructural
controls
and
operating
and
maintenance
procedures.

Bioaccumulative
Agent
Agent
which
is
assimilated
by
organisms,
but
is
not
metabolized
and
shows
an
elimination
rate
much
lower
than
its
accumulation
rate,
so
that
its
total
content
tends
to
increase
during
the
life
of
the
affected
organisms.

Bioassay
Toxicity
test
to
determine
the
acute
or
chronic
response
of
living
organisms
to
an
effluent,
specific
substances
or
combination
of
these,
performed
according
to
the
procedures
described
in
the
"
Mixing
Zone
and
Bioassay
Guidelines",
approved
by
the
Board.
The
representative
organisms
to
be
used
must
be
approved
by
the
Board
prior
to
the
test.

Biochemical
Oxygen
Demand
A
measure
of
the
oxygen
required
for
the
biochemical
oxidation
of
organic
matter
in
a
sample.

Biota
All
living
organisms.

Black
Waters
Human
or
animal
bodily
wastes
and
water
used
for
flushing
and/
or
transport
of
such
wastes.

Board
The
Environmental
Quality
Board
of
the
Commonwealth
of
Puerto
Rico,
as
created
pursuant
to
Law
No.
9
of
June
18,
1970,
as
amended.

Carcinogenic
Agent
Agent
that
produces
metabolic
alterations
in
cells,
prompting
their
uncontrolled
growth.

CFR
Refers
to
Chapter
40
of
the
Code
of
Federal
Register.

Chronic
Bioassay
Toxicity
test
designed
to
determine
if
the
response
to
a
stimulus
such
as,
a
total
effluent,
a
specific
substances,
or
combination
of
these
has
sufficient
severity
to
induce
a
long­
term
effect
that
could
linger
for
up
to
one­
tenth
of
the
life
span
of
the
organism.
A
chronic
effect
could
be
lethality,
growth
rate
reduction,
reproduction
rate
reduction,

etc.
A
chronic
bioassay
shall
be
performed
according
to
procedures
described
in
"
Mixing
Zone
and
Bioassay
Guidelines",
approved
by
the
Board.

Chronic
Effect
Organism
response
to
a
stimulus,
detected
during
a
chronic
bioassay,
that
comprises
a
stimulus
that
lingers
or
continues
for
a
relatively
long
period
of
time,
which
could
be
of
the
order
of
one­
tenth
of
the
life
span
of
the
organism
used
in
the
test.
A
chronic
effect
could
imply
lethality,
growth
rate
reduction,
reduced
reproduction
rate,

etc.

Chronic
Toxic
Unit
The
reciprocal
of
the
effluent
dilution
that
causes
no
unacceptable
effect
on
the
test
organisms
by
the
end
of
the
chronic
exposure
period,
obtained
during
a
chronic
bioassay,
as
defined
by
the
following
equation:

TUc
=
100
NOEC
(
The
NOEC
value
should
be
expressed
in
terms
of
the
percent
(%)
of
the
effluent
in
the
dilution
water).

Clean
Water
Act
Federal
Water
Pollution
Control
Act,
as
Amended.
(
33
U.
S.
C.
466
et
seq.)

Closed
Body
of
Water
All
surface
water
bodies,
groundwater
and
coastal
waters
that
are
not
open
coastal
waters.

Coastal
Waters
Ocean
waters
within
the
jurisdiction
of
the
United
States
of
America
and
the
Commonwealth
of
Puerto
Rico,
as
established
by
Article
8
of
the
Puerto
Rico
Federal
Relations
Act
of
1917,
as
amended,
and
shore
waters
which
are
subject
to
ebb
and
flow
of
the
tides.
These
waters
do
not
include
Estuarine
Waters
as
defined
in
this
Regulation.

Coliform
group
All
the
aerobic
and
facultative
anaerobic
gram­
negative,
non­
spore­
forming
rod­
shaped
bacteria
that
ferment
lactose
broth
with
gas
formation
within
48
hrs
at
35EC
+
0.5EC
as
per
Standard
Methods.

Colloidal
Substances
Minute
substances
including,
but
not
limited
to
clay
or
other
substances
which
do
not
settle
out
without
the
use
of
a
flocculating
agent.

Contaminant
See
Pollutant.

Conservative
Pollutant
A
pollutant
that
is
persistent
and
not
subject
to
decay
or
transformation.

Criteria
Continuous
Concentration
(
CCC)

EPA
national
water
quality
criteria
recommendation
for
the
highest
instream
concentration
of
a
toxicant
or
an
effluent
to
which
organisms
can
be
exposed
indefinitely
without
causing
an
unacceptable
effect.
It
is
equal
to:

CC
=
1.0
TUc
Criteria
Maximum
Concentration
(
CMC)

EPA
national
water
quality
criteria
recommendation
for
the
highest
instream
concentration
of
a
toxicant
or
an
effluent
to
which
organisms
can
be
exposed
for
a
brief
period
of
time
without
causing
mortality.
It
is
equal
to:

CMC
=
0.3
TUa
Critical
Initial
Dilution
Minimum
dilution
to
be
determined
by
means
of
the
use
of
a
mathematical
model
to
be
approved
by
the
Board,
and
according
to
the
procedures
described
in
"
Mixing
Zone
and
Bioassay
Guidelines",
approved
by
the
Board.

Design
Flow
The
critical
flow
used
for
steady
state
waste
load
allocation.

Designated
Uses
Refers
to
those
uses
specified
in
this
Regulation
for
each
water
body
or
segment
whether
or
not
these
uses
are
being
attained.

Desirable
Species
Species
indigenous
to
the
area
or
introduced
to
the
area
because
of
ecological
or
commercial
value.

Diffuser
Structure
which
is
connected
to
or
is
part
of
a
submerged
outfall
provided
with
ports
and
whose
function
is
to
reduce
the
diameter
of
the
outfall
in
order
to
increase
the
effluent
exit
velocity
to
obtain
a
better
dilution
in
the
receiving
body
of
water.

Dilution
Dilution
is
the
reduction
of
the
concentration
of
a
substance
by
mixing
it
with
ambient
waters,
and
will
be
defined
by
the
following
equations:

a.
Volumetric
Dilution:

D
=
Vi
+
Vd
Ve
where;
D
=
Dilution
Ve
=
Effluent
volume
Vd
=
Dilution
volume
b.
Flow
Dilution:
D
=
Qe
+
Qd
Qe
where;
D
=
Dilution
Qe
=
Effluent
flow
Qd
=
Dilution
water
flow
c.
Concentration
Dilution:
D
=
Ce
­
Ca
C
­
Ca
where;
D
=
Dilution
Ca
=
Background
concentration
Ce
=
Concentration
of
the
pollutant
in
the
discharge
C
=
Final
concentration
of
the
pollutant
after
dilution
Dilution
shall
be
determined
according
to
the
procedures
described
in
"
Mixing
Zone
and
Bioassay
g
Guidelines"
approved
by
the
Board.

Direct
Contact
Recreation
See
Primary
Contact.

Direct
Discharge
Introduction
of
pollutants
onto
or
into
a
water
body
by
a
point
source.

Discharge
Any
addition,
release,
leak,
spill,
leachate,
seepage,
pumping,
pouring,
dumping,
spraying,
emptying
or
emitting
of
a
pollutant
into
or
onto
the
ground
or
any
water
body
as
defined
in
this
Regulation.

Discharge
Length
Scale
The
square­
root
of
the
cross­
sectional
area
of
any
port
in
an
outfall.
Dissolved
Oxygen
Free
oxygen
in
the
water.

Domestic
Wastes
Any
liquid,
gaseous,
or
solid
waste
or
any
combination
of
these
generated
as
a
result
of
satisfying
the
basic
human
and
animal
needs.

Drainage
Area
That
area
in
a
horizontal
plane,
determined
by
a
topographic
divide
from
which
surface
runoff
from
precipitation
drains
by
gravity
into
a
water
body
above
a
specified
point.

Dye
Test
Tests
which
are
performed
by
injecting
dyes
into
any
point
of
a
discharge
of
a
body
of
water
to
determine
the
origin,

the
direction
of
the
flow
and
the
intermediate
or
final
fate.

e
Number
e
=
lim
(
1
+
1/
n)
n
2.718
n


EAC
See
Equitable
Allowable
Concentration
(
EAC)

Ecological
Community
Group
of
organisms
dominated
by
one
species
or
a
specific
group
of
species.
The
ecological
community
derives
its
name
from
that
of
the
dominant
species,
such
as
coral
reefs
and
mangroves.

Ecological
Value
Refers
to
the
existing
interrelations
between
water
body,
fauna
and
flora
that
result
in
the
continuity,
stability
and
permanence
of
the
ecological
community.

Effluent
Discharge
of
used
waters,
sanitary
wastes,
other
wastewaters,
or
any
liquid
substances
treated
or
untreated,

proceeding
from
sanitary
treatment
plants,
industrial
wastewater
treatment
plants,
manufacturing
processes,
storage
tanks,
ponds,
sewers
or
any
water
pollution
source.
Emergency
Plan
The
corrective
procedure
to
be
followed
in
the
case
of
oil
or
hazardous
substances
spills,
or
in
the
case
of
damage
caused
by
natural
phenomena
Emergency
Plan
for
Puerto
Rico
Any
plan,
rule
or
regulation
adopted
by
the
Commonwealth
of
Puerto
Rico
to
prevent,
contain
and
counter
spills
of
oil
or
hazardous
substances
in
the
waters
of
Puerto
Rico.

Enduring
Water
Body
Water
body
which
has
a
7
day
2
year
low
flow
greater
than
zero,
even
in
the
absence
of
any
contribution
that
may
occur
from
a
discharge.

Enterococcus
The
group
of
fecal
streptococcus
that
excludes
Streptococcus
avium,
S.
bovis
and
S.
equinus,
in
accordance
with
Standard
Methods.

Environmental
Protection
Agency
The
Environmental
Protection
Agency
of
the
United
States
of
America.

EPA
U.
S.
Environmental
Protection
Agency.

EQB
Form
WLA­
01
Form
required
by
EQB
to
collect
information
applicable
to
waste
load
allocation.
This
form
must
be
used
by
all
point
sources
for
which
EQB
has
determined
that
a
waste
load
allocation
is
necessary.

Equitable
Allowable
Concentration
(
EAC)

A
WLA
method
that
allocates
equal
effluent
concentrations
of
a
substance
x
to
each
point
source
that
discharges
to
the
receiving
water
body
in
which
the
WLA
is
performed.

Estuary
That
portion
of
the
mouth
or
lower
course
of
a
river,
stream,
canal
or
lagoon,
in
which
the
fresh
or
brackish
water
meets
the
sea
water
and
is
subject
to
the
ebb
and
flow
of
the
tides.

Estuarine
Waters
See
Estuary
Eutrophic
Conditions
Presence
of
high
concentrations
of
nutrients
causing
excessive
growth
of
algae
and
other
aquatic
plants
in
the
water
body.

Existing
Uses
Those
uses
actually
attained
in
the
water
body
on
or
after
November
28,
1975
whether
or
not
they
are
included
in
this
Regulation.

Fecal
Coliform
The
portion
of
the
coliform
group
found
in
the
intestinal
tract
of
homoiothermic
(
warm
blooded)
animals
and
used
as
indicator
of
the
potential
presence
of
pathogenic
organisms.
This
group
of
organisms
is
capable
of
producing
gas
from
lactose
broth
in
a
suitable
culture
medium
within
24
hours
at
44.5EC
+
0.5EC.

Flocculating
Agent
Chemical
agent
which
enhances
the
agglomeration
of
suspended
solids
from
a
liquid.

Frequency
Curve
As
used
in
this
Regulation,
the
term
refers
to
a
graph
plotted
on
log
probability
paper,
representing
the
lowest
mean
flow
of
7
consecutive
days
against
the
probability,
using
the
procedures
described
in
Appendix
C
of
the
"
Environmental
Quality
Board
Waste
Load
Allocation
Guidelines".

Gray
Waters
Liquid
and
solid
wastes
from
kitchens,
bathrooms
and
water­
using
applicances
except
those
that
release
or
contain
black
waters.

Ground
Water
Sub­
surface
water
present
beneath
the
water
table,
including
waters
in
caves
and
caverns
when
the
presence
of
water
results
from
the
manifestation
of
the
characteristics
of
the
saturated
zone
beneath
the
water
table.

Habitat
Place
that
meet
the
suitable
conditions
to
allow
that
the
species
live
and
reproduce
Hazardous
Solid
Waste
Any
solid
waste
designated
as
hazardous
by
the
Board
and
as
defined
by
the
Regulation
for
the
Control
of
Hazardous
and
Non­
Hazardous
Solid
Wastes
of
the
Commonwealth
of
Puerto
Rico.

Hazardous
Substances
Any
substance
designated
as
hazardous
under
40
CFR
Part
116
pur­
suant
to
Section
311
of
the
Clean
Water
Act
or
as
defined
by
the
Regulation
for
the
Control
of
Hazardous
and
Non­
Hazardous
Solid
Wastes
of
the
Commonwealth
of
Puerto
Rico.

Immediate
vicinity
of
a
discharge
Stream
distance
required
to
achieve
complete
mixing
of
a
discharge.

Indirect
Contact
Recreation
See
Secondary
Contact.

Indirect
Discharge
Discharge
of
wastes,
other
than
domestic
wastes,
into
a
publicly
owned
treatment
plant
which
discharges
to
a
water
body.

Intermittent
Stream
Watercourse
where
flow,
other
than
from
a
discharge,
occurs
only
during
and
following
a
period
of
a
rainfall
within
its
drainage
area.

LA
See
Load
Allocation
(
LA)

LC
See
Lethal
Concentration
(
LC)

LC
50
(
See
Lethal
Concentration
(
LC)]
The
concentration
of
effluent
,
specific
substances
or
combination
of
these
that
is
lethal
to
50%
of
test
organisms
exposed
during
a
specific
period
in
a
biossay.

Leachate
Liquid
that
has
percolated
through
or
drained
from
solid
waste
and
that
contains
soluble,
partially
soluble,

suspended,
or
miscible
materials,
or
components
removed
from
such
solid
waste.

Lethal
Concentration
(
LC)

The
concentration
of
effluent,
specific
substances
or
combinations
of
these,
that
is
lethal
to
a
given
percent
(
50%)

of
the
test
organisms
exposed
during
a
specific
period
in
a
biossay.
In
the
case
of
effluents
the
concentration
is
expressed
in
terms
of
percent
dilution.
Ln
Hardness
The
logarithm
of
the
numerical
value
of
hardness
(
as
calcium
carbonate
in
mg/
l)
of
the
water
body
to
base
e.
The
natural
logarithm
of
the
numerical
value
of
hardness
(
as
calcium
carbonate
in
mg/
l)
of
the
water
body.

Load
or
Loading
An
amount
of
matter
or
thermal
energy
that
is
introduced
into
a
receiving
water
body;
to
introduce
matter
or
thermal
energy
into
a
receiving
water
body;
may
be
either
human­
induced
(
pollutant
loading)
or
natural
(
natural
background
loading).

Load
Allocation
(
LA)

The
portion
of
a
receiving
water
body's
total
maximum
daily
load
that
is
attributed
either
to
one
of
its
existing
or
future
nonpoint
sources
or
to
natural
background
sources
of
pollution.

Local
Water
Depth
The
depth
at
the
point
where
the
diffuser
of
an
outfall
is
located
under
low
tide
conditions,
for
ocean
outfalls;
or
low
flow
conditions,
for
surface
water
discharge.

MAEC
See
Maximum
Allowable
Effluent
Concentration
(
MAEC)

Maximum
Allowable
Effluent
Concentration
(
MAEC)

Maximum
effluent
concentration
of
a
substance
x
that
is
allocated
to
a
point
source.

Maximum
Daily
Load
Allowable
(
MDLA)

Maximum
load
that
can
be
allocated
to
point
sources
without
causing
a
violation
to
the
water
quality
standards.

Maximum
Requested
Effluent
Concentration
(
MREC)

Maximum
discharge
concentration
requested
by
a
point
source
for
a
substance
x.

MBAS
Refers
to
methylene
blue
active
substances
identified
in
accordance
with
Standard
Method
as
anionic
surfactants
(
Method
512
B).

MDLA
See
Maximum
Daily
Load
Allowable
(
MDLA)
Mixing
Zone
Tridimensional
space
in
a
receiving
body
of
water
where
the
discharge
is
diluted
with
surrounding
waters,
which
has
been
defined
according
to
Article
5
of
this
Regulation.
Applicable
water
quality
standards,
the
CCC
and
the
CMC
are
met
at
the
boundary
of
the
mixing
zone.

Mixing
Zone
and
Bioassay
Guidelines
Technical
guidelines
developed
by
the
Board
which
describe
procedures,
methods,
models,
techniques
and
organisms
to
be
used
to
calculate
the
initial
dilution;
perform
chronic
and
acute
bioassays;
to
collect
field
data,
or
to
establish
the
natural
background
concentration
value,
as
required
to
verify
compliance
with
inherent
mixing
zone
conditions.
These
Guidelines
are
based
on
the
following
EPA
publication:
"
Technical
Support
Document
for
Water
Quality
Based
Toxics
Control"
and
Users
Guide
to
the
Conduct
and
Interpretation
of
Complex
Effluent
Toxicity
Tests
at
Estuarine/
Marine
Sites".
The
guidelines
will
be
revised,
as
necessary,
in
accordance
with
updated
versions
of
these
documents
or
other
documents
released
by
EPA
which
directly
impact
the
guidelines
in
effect
at
the
time
of
publication
of
the
final
document.

MREC
See
Maximum
Requested
Effluent
Concentration
(
MREC)

Mutagenic
Zone
Agent
that
induces
genetic
variations
due
to
drastic
changes
in
the
organization
of
the
genes
in
a
chromosome.

Natural
Background
Concentration
The
biological,
physical
and
chemical
characteristics
existing
in
a
water
body
that
is
not
affected
by
point
of
or
mainduced
nonpoint
discharges,
as
determined
by
field
studies
whose
content
and
extension
shall
be
defined
according
to
"
Mixing
Zone
and
Bioassay
Guidelines",
and
according
to
the
agreements
between
the
Board
and
the
petitioner,
based
upon
the
details
of
each
case
when
problems
arise
in
the
implementation
of
said
Guidelines.

Natural
Causes
See
Natural
Phenomena
Natural
Phenomena
Refers
to
chemical,
biological,
geological
or
any
other
conditions
existing
at
specific
sites,
not
resulting
from,
or
as
a
consequence
of,
human
intervention,
that
may
cause
the
standard
for
a
particular
parameter
not
to
be
met
at
those
sites.
NOEC
(
No
Observed
Effect
Concentration)

The
highest
measured
continuous
concentration
of
an
effluent
of
a
pollutant
that
causes
no
detectable
effect
on
an
organism
used
in
bioassays.

Non­
conservative
Pollutant
A
pollutant
that
is
not
persistent
and
is
subject
to
decay
or
transformation.

Non­
persistent
Pesticides
Those
pesticides
which
do
not
satisfy
the
definition
of
persistent
pesticides.

Non­
point
Source
Any
source
other
than
point
source,
as
defined
in
this
Regulation.

Objectionable
Odor
Odor
considered
offensive
by
the
consensus
of
at
least
five
(
5)
persons,
elected
by
the
Board,
when
exposed
to
it.

The
odor
emitted
by
trees,
shrubs,
plants,
flowers,
grass,
domestic
gardening,
and
agricultural
processes
and
the
use
of
fertilizers
(
except
for
the
use
of
sugarcane
wastes),
will
not
be
considered
objectionable.

Open
Coastal
Waters
All
the
coastal
waters,
except
bays
and
estuaries,
with
formations
that
significantly
mitigate
the
direct
impact
of
the
waves
on
the
shore.

Outfall
Pipe
or
conduit
which
conveys
an
effluent
to
a
receiving
body
of
water.

Passageway
A
continuous
stretch
where
water
characteristics
are
affected
only
by
natural
conditions
in
such
a
manner
that
the
free
movement,
flow
or
continuous
drifting
of
biota
is
always
possible.

Pathogenic
Organism
Any
microorganism,
virus
or
bacteria
that
may
cause
disease.

Pelagic
Species
Organisms
that
have
the
ability
of
self
locomotion
and
can
overcome
the
currents.
These
organisms
can
be
found
anywhere
in
the
water
column,
near
the
surface,
the
bottom
or
at
any
point
between
the
surface
and
the
bottom.
Persistent
Agent
An
agent
which
degrades
or
decomposes
slowly,
biologically
or
chemically,
in
the
natural
environment.

Persistent
Pesticides
Pesticides
not
easily
degradable
under
natural
conditions
and
which
initial
concentration
remains
relatively
unchanged
for
periods
longer
than
96
hours.

Person
Any
juridical
or
natural
person;
any
agency,
department,
board,
public
or
quasi­
public
corporation,
municipality
of
the
Commonwealth
of
Puerto
Rico
or
the
Government
of
the
United
States
of
America,
any
association,

corporation,
cooperative,
trust,
partnership,
or
group
of
persons.

Planktonic
Species
Marine
organisms
that
mainly
inhabit
the
surface
of
the
receiving
body
of
water.
Their
main
characteristic
is
that
they
cannot
overcome
the
currents
even
if
they
have
self
locomotion.

Point
of
Discharge
Point
where
the
effluent
is
discharged,
treated
or
untreated,
before
mixing
with
the
receiving
water.

Point
Source
Any
discernible,
confined
and
discrete
conveyance,
including,
but
not
limited
to
any
pipe,
ditch,
channel,
tunnel,

conduit,
well,
discrete
fissure,
container,
rolling
stock,
mobile
homes,
mobile
cafeterias
or
any
other
vehicle,

concentrated
animal
feeding
operation,
or
vessel
or
other
floating
craft,
from
which
pollutants
are
or
may
be
discharged.

Pollutant
Pollutants
include
but
are
not
limited
to:
dredge
spoil,
refuse,
solid
waste,
incinerator
residue,
filter
backwash,
gray
waters,
black
waters,
waste
waters,
sewage,
sewage
sludge,
munitions,
chemical
materials,
biological
materials,

radioactive
materials,
heat,
wrecked
or
discarded
equipment,
rock,
sand,
industrial,
municipal,
domestic,
animal
or
agricultural
waste,
or
any
substance
and/
or
material
including
sediments
and
other
substances
carried
by
stormwater
runoff
induced
by
man.

Pollution
The
presence
of
one
or
more
pollutans
in
levels
that
not
meet
the
designated
uses.
any
pollutant.
Pollution
Source
Any
source,
activity,
building,
structure,
facility,
vessel
or
installation
generating,
emitting,
discharging,
storing
or
transporting
pollutants.

Port
Orifice
of
the
diffuser.

Primary
Contact
Any
recreational
activity,
including
swimming,
or
other
uses
in
which
there
is
prolonged
and
direct
contact
with
the
water
involving
considerable
likelihood
of
ingestion
in
quantities
sufficient
to
pose
a
significant
health
hazard
or
in
which
there
is
complete
immersion
of
sensitive
organs
such
as
eyes,
nose
and
ears.

Priority
Pollutant
Refers
to
pollutants
identified
by
the
Environmental
Protection
Agency
in
accordance
with
Section
307(
a)
of
the
Clean
Water
Act,
as
amended.

Propagation
and
Preservation
of
Desirable
Species
This
refers
to
the
reproduction
and
continuance
of
flora
and
fauna
associated
with
water
bodies
and
which
have
ecologic
importance
and/
or
commercial
value,
whether
individually
or
as
part
of
an
ecological
community.

Public
Policy
Environmental
Act
Law
No.
9
of
June
18,
1970,
as
amended.

Receiving
Waters
See
Receiving
Water
Body.

Receiving
Water
Body
Any
water
body,
as
defined
in
this
Regulation,
or
segment,
portion
or
part
of
such
water
body
onto
or
into
which
a
discharge
is
made.

R
See
Reserve
(
R)

Recharge
Area
That
portion
of
the
drainage
area,
as
defined
in
this
Regulation,
in
which
water,
as
result
of
rainfall
infiltration
or
seepage
from
surface
waters,
enters
an
aquifer
system.
Refuse
All
waste
material
including,
but
not
limited
to
garbage,
rubbish,
incinerator
residues,
street
sweeping,
dead
animals,
and
animal
wastes.

Reserve
(
R)

Portion
of
the
maximum
daily
allowable
load
reserved
as
an
allowance
for
economic
development
and
population
growth.

Sampling
Point
Point
determined
by
the
Board
to
evaluate
compliance
with
permits,
orders,
authorizations
or
applicable
water
quality
standards.
In
cases
concerning
NPDES
permits,
the
sampling
point
may
be
determined
by
EPA
or
the
Board.

Sanitary
Waste
See
Domestic
Waste.

Secondary
Contact
Any
recreational
activity
such
as
fishing
or
other
use
in
which
contact
with
the
water
is
indirect
and
in
which
sensitive
organs
such
as
eyes,
nose
and
ears
are
not
immersed.

Secondary
Treatment
Treatment
of
sewage
wastewaters
to
such
a
degree
that
the
effluent
quality
meets
the
requirements
of
40
CFR
Part
133
as
revised.

Sequentially
Refers
to
the
manner
in
which
the
representative
series
of
samples
is
taken
to
determine
the
geometric
mean.
The
sampling
internal
used
for
each
samples
in
the
series
should
be
uniform
for
each
series.
Example:
A
series
of
samples
taken
at
hourly
intervals,
daily
intervals,
or
weekly
intervals.

Seven
Day
Low
Flow
Refers
to
the
flow
at
a
given
recurrence
interval
taken
from
a
frequency
curve
of
annual
values
of
the
lowest
mean
flow
for
7
consecutive
days.
For
example
7
day
low
flow,
"
n"­
years
(
7Qn)
refers
to
the
low
flow
in
7
days
at
a
recurrence
interval
of
"
n"
years.

Sewage
Sanitary
wastes
from
humans
and
animals
coming
from
households,
commercial
establishments,
industries,
public
and
private
buildings,
farms
and
others
places
that
are
discharged
to
a
publicly
and/
or
non
publicly
owned
treatment
plant.

Significant
Public
Health
Risk
Contingency
of
a
direct
or
indirect
injury
to
human
well
being.
The
hazard
of
the
occurrence
of
an
acute
or
chronic
effect
on
the
health
including
(
but
not
limited
to)
diseases,
epidemics,
mutations
or
deformations
in
humans.

Solid
Wastes
Any
waste
designated
as
solid
by
the
Board
and
as
defined
by
the
Regulation
for
the
Control
of
Hazardous
and
Non­

Hazardous
Solid
Wastes
of
the
Commonwealth
of
Puerto
Rico.

Source
See
Pollution
Source.

Standard
Method
Refers
to
"
Standard
Methods
for
the
Examination
of
Water
and
Wastewater"
16th
Edition
(
1985)
or
the
most
recent
approved
edition
under
40
CFR
Part
136.

Stormwater
Runoff
For
the
purposes
of
this
Regulation
the
term
refers
to
flows
of
water,
resulting
from
rainfall,
that
enter
the
water
bodies.

Stratified
Lake
In
its
simplest
form
refers
to
a
lake
with
layers
of
water
at
different
temperatures
and
densities.
The
upper
layer
with
relatively
high
temperatures
and
low
densities
in
comparison
with
the
lower
layer
which
has
lower
temperatures
and
higher
densities.
Between
these
two
layers
is
a
transitional
layer
with
a
marked
temperature
and
density
gradient
that
prevents
the
mixing
of
the
upper
and
lower
layers.

Submerged
Outfall
Pipe
or
conduit
which
conveys
an
effluent
to
the
discharge
point
in
a
receiving
body
of
water.
The
pipe
or
conduit
is
located
along
the
bottom
of
the
waterbody.

Surface
Waters
Any
natural
or
artificial
water
source
including
all
streams,
lakes,
reservoirs,
inland
watercourse
and
waterways,

springs,
irrigation
systems,
drainage
systems,
intermittent
streams
and
all
other
inland
water
bodies
or
accumulated
waters.
For
the
purpose
of
this
Regulation
the
term
does
not
include
coastal
waters
and
estuarine
waters
as
defined
in
this
Regulation.

Surfactants
See
MBAS
Synergistic
Effect
Occurs
when
two
(
2)
or
more
substances,
which
in
the
original
state
could
be
harmless,
react
to
each
other
and
cause
a
toxicity
which
is
greater
than
the
sum
of
the
individual
toxicity
of
each
substance.

Teratogenic
Agent
Agent
which
induces
anomalies
in
the
fetal
development.

Thermal
Discharge
Emission
of
heat
or
substances
with
heat
which
temperature
causes
the
receiving
water
body
to
exceed
the
temperature
of
30EC.

TMDL
See
Total
Maximum
Daily
Load
(
TMDL)

Topographic
Divide
Line
along
the
ground
that
separates
the
rainfall
surface
runoff
between
two
different
drainage
areas.

Total
Coliform
See
Coliform
Group
Total
Maximum
Daily
Load
(
TMDL)

The
total
allowable
pollutant
load
to
a
receiving
water
body
such
that
any
additional
loading
will
produce
a
violation
of
water
quality
standards.

Toxic
Substances
Those
substances
or
combinations
thereof,
including
disease
causing
agents,
which
after
being
discharged
and
after
their
exposure,
ingestion,
inhalation
or
assimilation
by
any
organism,
directly
from
the
environment
or
indirectly
by
means
of
ingestion
through
the
food
chain;
can
be
the
cause,
based
on
the
available
information
to
the
Board
and
to
EPA,
of
death,
illness,
abnormal
behavior,
cancer,
genetic
mutation,
physiologic
malfunctioning
(
including
malfunction
in
reproduction),
or
physical
deformations,
in
said
organisms
or
their
descendants.
TUa
See
acute
toxic
unit
definition.

TUc
See
chronic
toxic
unit
definition.

Waste
Load
Allocation
(
WLA)

The
portion
of
a
receiving
water's
total
maximum
daily
load
(
TMDL)
that
is
allocated
to
one
of
its
existing
or
future
point
sources
of
pollution.

Waste
Load
Allocation
Guidelines
(
WLAG)

Technical
guidelines
developed
by
the
Board
which
describe
procedures,
methods,
techniques
and
other
related
matters
to
be
used
by
the
Board
to
perform
waste
load
allocations.

Wastewaters
Waters
containing
dissolved,
suspended,
agglomerated,
emulsified
or
floating
substances
or
solid
pollutants
resulting
from
industrial,
commercial,
residential,
agricultural,
recreational
or
any
other
type
of
establishment
or
man
induced
activity.

Wastewater
Treatment
Facilities
See
Water
Pollution
Control
Facilities
or
Equipment.

Water
Body
See
Waters
of
Puerto
Rico.

Water
Pollutant
See
Pollutant.

Water
Pollutant
Control
Facilities
or
Equipment
Any
process,
equipment,
device,
and
all
appurtenances
thereto,
used
for
eliminating,
reducing,
or
controlling
the
discharge
of
any
pollutant.

Water
Quality
Standards
The
designated
water
body
uses
and
classifications,
the
criteria
to
protect
those
uses,
and
the
anti­
degradation
policy.
Water
Table
The
soil
depth
at
which
the
pressure
of
the
saturated
zone
is
equal
to
atmospheric
pressure.

Waters
See
Waters
of
Puerto
Rico
.

Waters
of
Puerto
Rico
All
coastal
waters,
surface
waters,
estuarine
waters,
ground
waters
and
wetlands
as
defined
in
this
Regulation.

Watershed
See
Drainage
Area.

Wetlands
Areas
inundated
or
saturated
by
coastal,
surface
or
ground
water
at
a
frequency
and
duration
sufficient
to
support,

and
under
normal
circumstances
do
support
a
prevalence
of
vegetation
typically
adapted
for
life
in
saturated
soil
conditions.

WLA
See
Waste
Load
Allocation
(
WLA)

WLAG
See
Waste
Load
Allocation
Guidelines
(
WLAG)
ARTICLE
2
­
CLASSIFICATION
OF
THE
WATERS
OF
PUERTO
RICO
ACCORDING
TO
THE
DESIGNATED
USES
TO
BE
PROTECTED
2.1
Coastal
Waters
Coastal
and
Estuarine
Waters:

2.1.1
Class
SA:

Class
SA
includes
bioluminiscent
lagoons
and
bays
such
as
La
Parguera
and
Monsio
José
on
the
Southern
Coast,
Bahía
de
Mosquito
in
Vieques,
and
any
other
coastal
or
estuarine
waters
of
exceptional
quality
of
high
ecological
value
or
recreational
which
may
be
designated
by
the
Board,
through
Resolution,
as
requiring
this
classification
for
protection
of
the
waters.
Section
3.2.1(
B)
of
Article
3
of
this
Regulation
will
also
apply
to
the
waters
500
meters
seaward
of
the
physical
and
geographical
limits
of
the
bodies
of
water
under
this
classification.

2.1.2
Class
SB:

Class
SB
includes
the
coastal
and
estuarine
waters
not
classified
under
sections
2.1.1
and
2.1.3
of
this
Article.
Class
SB
also
includes
lagoons
not
classified
under
any
other
class.
This
classification
will
apply
from
the
zone
subject
to
the
ebb
and
flow
of
tides
(
mean
sea
level)
up
to
500
meters
seaward
from
said
zone.
Beyond
this
limit,
the
next
less
restrictive
classification
will
apply
to
a
maximum
of
10.3
nautical
miles
seaward.

2.1.2.1
Shellfish
growing
areas:

Those
areas
that
may
be
designated
by
the
Board,
through
Resolution,
as
shellfish
growing
areas.
The
existing
water
quality
regulations
established
by
both
the
U.
S.
Public
Health
Service
and
the
Department
of
Health
of
the
Commonwealth
of
Puerto
Rico
shall
be
applied
to
this
classification.
This
classification
will
apply
100
meters
beyond
the
physical
and
geographical
areas
limiting
the
shellfish
growing
areas.

2.1.3
Class
SC:

Class
SC
includes
the
segments
of
coastal
waters
identified
below.
The
classification
of
these
waters
shall
be
applied
from
the
zone
subject
to
the
ebb
and
flow
of
tides
(
mean
sea
level)
to
10.3
nautical
miles
seaward.

A.
Mayaguez
Bay
­
From
Punta
Guanajibo
to
Punta
Algarrobo.

B.
Yabucoa
Port.

C.
Guayanilla
and
Tallaboa
Bays
­
From
Cayo
Parguera
to
Punta
Verraco.

D.
Ponce
Port
­
From
Punta
Carenero
to
Punta
Cuchara.

E.
San
Juan
Port
­
From
the
mouth
of
Río
Bayamón
to
Punta
El
Morro.
2.2
Surface
Waters:

2.2.1
Class
SD:

All
surface
waters
are
classified
SD,
except
those
classified
SE
in
accordance
with
Section
2.2.2
of
this
Article.

2.2.2
Class
SE:

Laguna
Tortuguero,
Laguna
Cartagena
and
any
other
surface
water
bodies
of
exceptional
ecological
value
as
may
be
designated
by
the
Board
through
Resolution.

2.3
Ground
Waters:

2.3.1
Class
SG:

This
classification
includes
all
ground
waters
as
defined
in
this
Regulation.

2.3.1.1Class
SG1
Includes
those
ground
waters
which
serve
or
have
the
potential
to
serve
as
source
of
drinking
water
supply
and
agricultural
uses
including
irrigation.
Also
included
under
this
class
are
those
groundwaters
that
flow
into
waters
which
support
ecological
communities
of
exceptional
ecological
value
in
accordance
with
Sections
2.1.1
or
2.2.2
of
this
Regulation
2.3.1.2
Class
SG2
Includes
groundwaters
which
due
to
the
high
total
dissolved
solids
concentration
(
concentrations
greater
than
10,000
mg/
l)
are
not
fit
as
source
of
drinking
water
supply
even
after
treatment.
ARTICLE
3
­
WATER
QUALITY
STANDARDS
AND
USE
CLASSIFICATIONS
TO
BE
PROTECTED
IN
THE
WATERS
OF
PUERTO
RICO
Pursuant
to
the
intent
of
this
Regulation,
the
following
water
quality
standards
and
use
classifications
are
promulgated
for
the
protection
of
the
uses
assigned
to
the
classifications
of
the
coastal,
surface,
estuarine,
wetlands
,
and
ground
waters
of
the
Commonwealth
of
Puerto
Rico.

The
following
water
quality
standards
shall
apply
at
all
times,
except
in:

(
1)
surface
waters
during
periods
when
their
flows
are
less
than
the
average
minimum
seven
day
low
flow
which
occurs
once
in
any
two
consecutive
years.

(
2)
waters
within
mixing
zones
authorized
by
this
Board
pursuant
to
Article
5
of
this
Regulation.

(
3)
surface,
coastal,
estuarine
and
ground
waters
where
it
is
demonstrated
to
the
satisfaction
of
the
Board
that
the
natural
background
concentration
exceeds
the
established
water
quality
standards.

(
4)
surface
waters
in
the
immediate
vicinity
of
a
discharge
for
which
a
wasteload
allocation
has
been
authorized
by
this
Board
pursuant
to
Article
10
of
this
Regulation.

(
5)
intermittent
streams
when
the
conditions
of
Section
4.3
of
this
Regulation
are
met.

3.1
General
Water
Quality
Standards:

All
waters
shall
meet
generally
accepted
aesthetic
qualifications.
These
waters
shall,
except
as
specifically
noted,
meet
the
following
quality
standards;

3.1.1
Solids
and
Other
Matter:

The
waters
of
Puerto
Rico
shall
not
contain
floating
debris,
scum
and
other
floating
materials
attributable
to
discharges
in
amounts
sufficient
to
be
unsightly
or
deleterious
to
the
existing
or
designated
uses
of
the
waterbody.

3.1.2
Color,
Odor,
Taste
and
Turbidity:

The
waters
of
Puerto
Rico
shall
be
free
from
color,
odor,
taste
and
turbidity
attributable
to
discharges
in
such
a
degree
as
to
create
a
nuisance
to
the
enjoyment
of
the
existing
or
designated
uses
of
the
waterbody.
3.1.3
Radioactive
Materials
In
the
waters
of
Puerto
Rico
the
concentration
of
Radium­
226
and
Strontium­
90
shall
not
exceed
3
and
10
picocuries
per
liter
respectively.
In
the
absence
of
Strontium­
90
and
alpha
emitters
the
gross
beta
concentrations
shall
not
exceed
1,000
picocuries
per
liter.

3.1.4
Temperature:

(
A)
Except
by
natural
causes,
no
heat
may
be
added
to
the
waters
of
Puerto
Rico
which
would
cause
the
temperature
of
any
site
to
exceed
90EF
or
32.2EC.

(
B)
No
thermal
discharge
or
combination
of
thermal
discharges
into
or
onto
the
surface,

estuarine
and
coastal
waters
shall
be
injurious
to
fish
or
shellfish
or
the
culture
or
propagation
of
a
balanced
indigenous
population
there
of
nor
in
anyway
affect
the
designated
uses.

(
C)
In
stratified
lakes,
thermal
discharges
shall
be
confined
to
the
epilimnetic
layer.

(
D)
No
thermal
discharge
or
combination
of
thermal
discharges
shall
be
made
to
ground
waters.

3.1.5
Suspended,
Colloidal
or
Settleable
Solids:

Solids
from
wastewater
sources
shall
not
cause
deposition
in
or
be
deleterious
to
the
existing
or
designated
uses
of
the
waters.

3.1.6
Biochemical
Oxygen
Demand:

The
allowable
level
of
biochemical
oxygen
demand
of
wastewater
sources
will
be
determined
on
a
case
by
case
basis
depending
on
the
assimilative
capacity
of
the
receiving
water
body.
Such
determination
will
be
performed
to
assure
compliance
with
the
dissolved
oxygen
standard
applicable
to
the
receiving
water
body.

3.1.7
Asbestos
In
order
to
assure
for
the
protection
of
human
health
from
the
potential
carcinogenic
effects
of
exposure
to
asbestos
the
waters
of
Puerto
Rico
shall
not
exceed
7
MFL
(
million
fibers
per
liter)
of
asbestos,
except
when
established
that
such
presence
is
due
to
the
natural
occurrence
of
geologic
deposits
of
asbestiform
minerals.

3.1.8
Oil
and
Grease
The
waters
of
Puerto
Rico
shall
be
substantially
free
from
floating
non­
petroleum
oils
and
greases
as
well
as
petroleum
derived
oils
and
greases.
3.1.9
Substances
in
Toxic
Concentrations
and
Synergistic
Toxic
Effects:

The
waters
of
Puerto
Rico
shall
not
contain
any
substance
at
such
concentration
which,
either
alone
or
as
result
of
synergistic
effects
with
other
substances
is
toxic
or
produces
undesirable
physiological
responses
in
human,
fish
or
other
fauna
or
flora.
In
Sections
3.1.9(
A),
3.1.9(
B),
and
3.1.9(
C)
are
identified
specific
substances
for
which
numeric
water
quality
standards
have
been
established.

3.1.9(
A)
Specific
Standards
for
Inorganic
Substances:

The
maximum
allowable
concentration
of
these
specific
substances
in
coastal,
surface,
estuarine
and
groundwaters
shall
not
exceed
the
following
at
any
time:

SUBSTANCECOASTAL/
ESTUARINE
WATERS
ug/
lSURFACE
WATERS
ug/
lGROUND
WATERS
ug/
l
+*
Antimony4,300
(
AL)
14.0
(
HH)
5.0
(
DW)+*
Arsenic
(
As)
1.4
(
AL)
0.18
(
HH)
50.0
(
DW)+%
Cadmium
(
Cd)
9.30
(
AL)
Note
1
(
AL)
5.00
(
DW)+
Chromium
III
(
Cr)
Note
2
(
AL)+
Chromium
VI11.0
(
AL)+
Copper
(
Cu)
3.1(
AL)
Note
3
(
AL)
1300
(
DW)+
Cyanide
(
CN)
1
(
AL)
5.2(
AL)
200
(
DW)#
Fluoride
(
F)
700.0
(
DW)+%
Lead
(
Pb)
8.1
(
AL)
15.0Note
6
(
AL)
15.0
(
DW)+
Mercury
(
Hg)
0.051
(
HH,
AL)
0.050
(
HH,
AL)
2.0
(
DW)+
Nickel8.2
(
AL).
Note
4
(
AL)
Nitrate
plus
Nitrite
(
as
N)
10,000
(
DW)
Nitrogen
(
NO3,
NO2,
NH3
)
5000+
Selenium
(
Se)
71.0
(
AL)
5.0
(
AL)
50.0
(
DW)+
Silver
(
Ag)
2.0
(
AL)
Note
5
(
AL)
Sulfide
(
S)
(
undissociated
H2S)
2.0
(
AL)
2.0
(
AL)+
Zinc
(
Zn)
81.0
(
AL)
Note
7
(
AL)
LEGEND:

Note
1.
Concentration
in
ug/
l
must
not
exceed
the
numerical
value
given
by
e(
0.7852
[
Ln
Hardness]­
2.715)
Note
2.
Concentration
in
ug/
l
must
not
exceed
the
numerical
value
given
by
e(
0.8190
[
Ln
Hardness]+
0.6848)
Note
3.
Concentration
in
ug/
l
must
not
exceed
the
numerical
value
given
by
e(
0.8545
[
Ln
Hardness]­
1.702)
Note
4.
Concentration
in
ug/
l
must
not
exceed
the
numerical
value
given
by
e(
0.8460
[
Ln
Hardness]+
0.058)
Note
5.
Concentration
in
ug/
l
must
not
exceed
the
numerical
value
given
by
e(
1.72
[
Ln
Hardness]
­
6.52)
Note
6.
Concentration
in
ug/
l
must
not
exceed
the
numerical
value
given
by
e(
1.273
[
Ln
Hardness]
­
4.705)
Note
7.
Concentration
in
ug/
l
must
not
exceed
the
numerical
value
given
by
e(
0.8473
[
Ln
Hardness]
+
0.884)

Identification
codes
for
the
applicability
of
standards
to
uses,
both
designated
and
existing
uses.

AL
=
Protection
of
the
waterbody
for
the
propagation
and
preservation
of
species
dependent
on
the
waterbody.

DW
=
Protection
of
the
waterbody
for
use
as
source
of
drinking
water
supply.

HH
=
Protection
of
the
waterbody
or
aquatic
life
for
reasons
of
human
health.

_____________________________________________________________________________________
*
=
Identifies
a
substance
that
may
be
a
carcinogen.
+
=
Identifies
a
priority
pollutant.
#
=
Identifies
a
substance
which
numeric
standard
for
coastal
waters
will
be
evaluated
to
determine
the
feasibility
of
eliminating
it.
%
=
In
cases
where
the
surface
water
body
is
used
as
a
source
of
drinking
water
supply,
the
water
quality
standard
for
the
indicated
substance
shall
not
exceed
the
drinking
water
standard
upstream
from
the
water
intake.
3.1.9(
B)
Specific
Standards
for
Pesticides:

1.
Organochlorides
and
Other
Persistent
Pesticides:

Organochloride
and
other
persistent
pesticides
residues
in
surface,
ground,
estuarine
and
coastal
waters
shall
not
exceed
1/
100
of
the
96
hr
LC50
of
species
approved
by
the
Board.
In
the
specific
case
of
the
pesticides
identified
below,
the
concentration
shall
not
exceed
the
value
listed
below
(
micro­
grams
per
liter
or
ppb):

_____________________________________________________________________________________
________
Substance
Coastal/
Estuarine
Waters
Surface
Waters
Ground
Waters
(
ug/
l)
(
ug/
l)
(
ug/
l)

+*
Aldrin
0.0014
(
HH)
0.0013
(
HH)
­
+*
Dieldrin
0.0014
(
HH)
0.0014
(
HH)
­
+*
Chlordane
0.004
(
HL)
0.0043
(
AL)
0.2
(
AP)
b*
+*
DDT
and
Metabolites
0.001
(
AL)
0.001
(
AL)
­
+
Endosulfan
0.087
(
AL)
0.056
(
AL)
0.056
(
AL)
(
a)
+
Endrin
0.0023
(
AL)
0.036
(
AL)
0.0023
(
AL)
(
a)
+*
Heptachlor
0.0021
(
HH)
0.0021
(
HH)
40.0
(
DW)
(
b)
+*
Lindane
(
Gamma
BHC)
0.16
(
AL)
0.19
(
HH)
3.0
(
DW)
(
b)
Metoxichlor
0.03
(
AL)
0.03
(
AL)
3.0
(
DW
Mirex
0.001
(
AL)
0.001
(
AL)
­
+
Pentachlorophenol
7.9
(
AL)
2.8
(
HH)
2.8
(
AL)(
a)/
50
DW)(
b)
+*
Toxaphene
0.0002
(
AL)
0.0002
(
AL)
3.0
(
DW)
______________________________________________________________________________________________
_________

(
a)
=
For
groundwaters
that
flow
into
stream
beds,
estuarine
waters
or
wetlands.
(
AL,),
(
HH),
(
DW),*,
+:
See
legend
in
table
of
Section
3.1.9(
A)(
1).
(
b)
=
For
groundwaters
that
are
used
or
can
be
used
as
a
source
of
of
drinking
water.

3.1.9
(
B)
Specific
Standards
for
Pesticides:

2.
Organothiophosphorus
and
other
Non­
persistent
Pesticides:

Organothiophosphorus
and
other
non­
persistent
pesticides
residues
in
surface,
ground,
estuarine
and
coastal
waters
shall
not
exceed
1/
10
of
the
96
hr
LC50
of
species
approved
by
the
Board.
In
no
case
shall
the
following
pesticides
exceed
the
concentration
(
micrograms
per
liter
or
ppb)
listed:

Substance
Coastal/
Estuarine
Waters
Surface
Waters
Ground
Waters
(
ug/
l)
(
ug/
l)
(
ug/)
_____________________________________________________________________________________
________
Azinphos
­
Methyl
0.01
(
AL)
0.01
(
AL)
0.01
(
AL)
(
a)
Chlorpyrifos
0.0056
(
AL)
0.041
(
AL)
0.041
(
AL)
(
a)
Coumaphos
0.010
(
AL)
0.010
(
AL)
0.010
(
AL)
(
a)
2,4
­
D
­
100.0
(
DW)
100.0
(
DW)
+
Demeton
0.10
(
AL)
0.10
(
AL)
0.10
(
AL)
(
a)
Fenthion
40
(
AL)
0.40
(
AL)
0.40
(
AL)
(
a)
Malathion
0.10
(
AL)
0.10
(
AL)
0.10
(
AL)
(
a)
Naled
0.40
(
AL)
0.40
(
AL)
0.40
(
AL)
(
a)
Parathion
­
0.013
(
AL)
0.013
(
AL)
(
a)
2,4,5
­
TP
(
Silvex)
­
10.0
(
DW)
50.0
(
AL)
(
a)
_____________________________________________________________________________________
________

(
a)
=
For
groundwaters
that
flow
into
stream
beds,
estuarine
waters
or
wetlands.
(
AL),
(
DW),
+:
See
Legend
in
table
of
Section
3.1.9(
A)(
1).

3.1.9(
B)
Specific
Standards
for
Pesticides:

3.
Pesticides
in
Ground
Water
Class
SG1:
Ground
waters
shall
be
free
of
all
persistent
pesticides
that
affect
human
health.
3.1.9(
C)
Specific
Standards
for
Non­
Pesticide
Organic
Substances
and
Carbon
Tetrachloride.

These
specific
substances
shall
not
exceed
the
maximum
allowable
concentration,
at
any
time
in
coastal,
surface,
estuarine
and
ground
waters.

CLASSES
CLASS
CLASS
SUBSTANCE
SB
&
SC
SD
SG1
(
ug/
l)
(
ug/
l)
(
ug/
l)

+*
Benzene
710.0
(
HH)
12
(
HH)
5.0
(
DW)
+*
2­
Chlorophenol
400
(
HH)
120
(
HH)
­
+*
2,4­
Dichlorophenol
790
(
HH)
93
(
HH)
­
+*
2,4­
Dimethylphenol
2,300
(
HH)
540
(
HH)
­
+*
2­
Methyl
­
4,6­
Dinitrophenol
765
(
HH)
13.4
(
HH)
­
+*
2,4­
Dinitrophenol
14,000
(
HH)
70
(
HH)
­
+*
Phenol
4,600,000
(
HH)
21,000
(
HH)
­
+*
2,4,6­
Trichlorophenol
65
(
HH)
21
(
HH)
+*
Carbon
Tetrachloride
44.0
(
HH)
2.5
(
HH)
5.0
(
DW)
+*
1,2
Dichlorobenzene
17,000
(
HH)
2,700
(
HH)
­
+*
1,3
Dichlorobenzene
2,600
(
HH)
400
(
HH)
­
+*
1,4
Dichlorobenzene
2,600
(
HH)
400
(
HH)
­
+*
1,2­
Dichloroethane
990.0
(
HH)
3.8
(
HH)
5.0
(
DW)
+*
1,1­
Dichloroethylene
32
(
HH)
0.57
(
HH)
7.0
(
DW)
+*
Tetrachloroethylene
88.5
(
HH)
8.0
(
HH)
5.0
(
HH)
+
1,1,1­
Trichloroethane
1,030.0
(
HH)
200.0
(
HH)
200.0
(
DW)
+*
Trichloroethylene
810.0
(
HH)
27.0
(
HH)
5.0
(
DW)
+*
Vinyl
Chloride
5,250.0
(
HH)
2.0
(
HH)
2.0
(
DW)

(
DW),
(
HH),
*,
+:
See
Legend
in
table
of
Section
3.1.9(
A)(
1)
3.1.9(
D)
Specific
Standards
for
Volatile
Organic
Substances
These
specific
substances
shall
not
exceed
the
maximum
allowable
concentration,
at
any
time
in
coastal,
surface,
estuarine
and
ground
waters.

___________________________________________________________________________________
CLASSES
CLASS
CLASS
SUBSTANCE
SB
&
SC
SD
SG1
(
ug/
l)
(
ug/
l)
(
ug/
l)
___________________________________________________________________________________

+*
Acrolein
780
(
HH)
320
(
HH)
­
+*
Acrilonitryl
6.6
(
HH)
0.59
(
HH)
­
+*
Benzene
710
(
HH)
12
(
HH)
5.0
(
DW)
+*
Bromoform
3,600
(
HH)
43
(
HH)
­
+*
Chlorobenzene
21,000
(
HH)
680
(
HH)
100
(
DW)
+*
Chlorodibromomethane
340
(
HH)
4.1
(
HH)
­
+*
Chloroform
4,700
(
HH)
57
(
HH)
100
(
DW)
+*
Dichlorobromomethane
460
(
HH)
5.6
(
HH)
5.0
(
DW)
+*
1,2
Dichloropropane
390
(
HH)
5.2
(
HH)
­
+*
1,3
Dichloropropane
1,700
(
HH)
10
(
HH)
­
+*
Ethylbenzene
29,000
(
HH)
3,100
(
HH)
700
(
DW)
+*
Methyl
Bromide
4,000
(
HH)
48
(
HH)
­
+*
Methylene
Chloride
16,000
(
HH)
470
(
HH)
­
+*
1,1,2,2
Tetrachloroethane
110
(
HH)
1.7
(
HH)
­
+*
1,2,4
Trichlorobenzene
940
(
HH)
260
(
HH)
9.0
(
DW)
+
1,1,2
Trichloroethane
420
(
HH)
6.0
(
HH)
5.0
(
DW)
___________________________________________________________________________________
3.1.9(
E)
Specific
Standards
for
Semi­
Volatile
Organic
Substances
These
specific
substances
shall
not
exceed
the
maximum
allowable
concentration,
at
any
time
in
coastal,
surface,
estuarine
and
ground
waters.

__________________________________________________________________________
CLASSES
CLASS
CLASS
SUBSTANCE
SB
&
SC
SD
SG1
(
ug/
l)
(
ug/
l)
(
ug/
l)
__________________________________________________________________________
+*
Acenaphthene
2,700
(
HH)
1,200
(
HH)
­
+*
Anthracene
110,000
(
HH)
9,600
(
HH)
­
+*
Benzidine
0.0054
(
HH)
0.0012
(
HH)
­
+*
BenzoaAnthracene
0.49
(
HH)
0.044
(
HH)
­
+*
BenzoaPyrene
0.49
(
HH)
0.044
(
HH)
­
+*
BenzobFluoranthene
0.49
(
HH)
0.044
(
HH)
­
+*
BenzokFluoranthene
0.49
(
HH)
0.044
(
HH)
­
+*
Bis2­
ChloroethylEther
14.0
(
HH)
0.31
(
HH)
­
+*
Bis2­
ChloroisopropylEther
170,000
(
HH)
1,400
(
HH)
­
+*
Bis2­
EthylhexylPhthalate
59
(
HH)
18
(
HH)
­
+*
Butylbenzyl
Pthalate
5,200
(
HH)
3,000
(
HH)
­
+*
2­
Chloronaphthalene
4,300
(
HH)
1,700
(
HH)
­
+*
Chrysene
0.49
(
HH)
0.044
(
HH)
­
+*
DibenzoahAnthracene
0.49
(
HH)
0.044
(
HH)
­
+*
3,3­
Dichlorobenzidine
0.77
(
HH)
0.4
(
HH)
­
+*
Diethyl
PhthalateW
120,000
(
HH)
23,000
(
HH)
­
+*
Dimethyl
PhthalateW
2,900,000
(
HH)
313,000
(
HH)
­
+*
Di­
n­
Butyl
PhthalateW
12,000
(
HH)
2,700
(
HH)
­
+*
2,4­
Dinitrotoluene
9.1
(
HH)
0.11
(
HH)
­
+*
1,2­
Diphenylhydrazine
5.4
(
HH)
0.40
(
HH)
­
+*
Fluoranthene
370
(
HH)
300
(
HH)
­
+*
Fluorene
14,000
(
HH)
1,300
(
HH)
­
+*
Hexachlorobenzene
0.0077
(
HH)
0.0075
(
HH)
­
+*
Hexachlorobutadiene
500
(
HH)
4.4
(
HH)
­
+*
Hexachlorocyclopentadiene
17,000
(
HH)
240
(
HH)
50
(
DW)
+*
Hexachloroethane
89.0
(
HH)
19.0
(
HH)
­
+*
Ideno
1,2,3­
cdPyrene
0.49
(
HH)
0.044
(
HH)
­
+*
Isophorone
26,000
(
HH)
360
(
HH)
­
+*
Nitrobenzene
1,900
(
HH)
17.0
(
HH)
­
+*
N­
Nitrosodimethylamine
81.0
(
HH)
0.0069
(
HH)
­
+*
N­
Nitrosodiphenylamine
160
(
HH)
50
(
HH)
­
+*
N­
Nitrosodi­
n­
Propylamine
14.0
(
HH)
0.05
(
HH)
­
+*
Pyrene
11,000
(
HH)
960
(
HH)
­
+*
Toluene
200,000
(
HH)
6,800
(
HH)
1,000
(
DW)
+*
1,2­
Trans­
Dichloroethylene
140,000
(
HH)
700
(
HH)
­
3.1.10
Synergistic
Toxic
Effects:

The
waters
of
Puerto
Rico
shall
not
contain
two
or
more
substances
in
concentrations
whose
combination
will
result
in
synergistic
toxic
effects
or
which
will
produce
chronic
or
other
undesirable
physiological
responses
in
humans,
fish
or
other
fauna
or
flora.

3.2
Use
Classifications
and
Water
Quality
Standards
for
Specific
Classifications:

3.2.1
Class
SA:

(
A)
Usages
and
Description:

Coastal
waters
and
estuarine
waters
of
high
quality
and/
or
exceptional
ecological
or
recreational
value
whose
existing
characteristics
shall
not
be
altered,
except
by
natural
causes,
in
order
to
preserve
the
existing
natural
phenomena.

(
B)
Standards:

No
parameter,
whether
or
not
considered
in
this
Article,
shall
be
altered
in
concentration,
except
by
natural
causes.
Substances
reactive
with
methylene
blue
shall
not
be
present.

3.2.2
Class
SB:

(
A)
Usages
and
Description:

Coastal
waters
and
estuarine
waters
intended
for
use
in
primary
and
secondary
contact
recreation,
and
for
propagation
and
preservation
of
desirable
species,
including
threatened
or
endangered
species.

(
B)
Standards:

1.
Dissolved
Oxygen:

Shall
not
contain
less
than
5
mg/
l,
except
when
natural
phenomena
cause
this
value
to
be
depressed.

2.
Coliforms:

The
fecal
coliform
geometric
mean
of
a
series
of
representative
samples
(
at
least
five
samples)
of
the
waters
taken
sequentially
shall
not
exceed
200
colonies/
100
ml,
and
not
more
than
20
percent
of
the
samples
shall
exceed
400
colonies/
100
ml.
In
waters
intensely
used
for
primary
contact
recreation,
like
special
bathing
zones
(
beaches)
the
enterococci
density
in
terms
of
geometric
mean
of
at
least
five
representative
samples
taken
sequentially
shall
not
exceed
35/
100
ml.
No
single
sample
should
exceed
the
upper
confidence
limit
of
75
%
using
0.7
as
the
log
standard
deviation
until
sufficient
site
data
exist
to
establish
a
site­
specific
log
standard
deviation.

3.
pH:

In
no
case
the
pH
will
lie
outside
the
range
of
7.3
and
8.5,
standard
pH
units,
except
when
caused
by
natural
phenomena.

4.
Color:

Shall
not
be
altered
except
by
natural
causes.

5.
Turbidity:

Shall
not
exceed
10
nephelometric
turbidity
units
(
NTU),
except
by
natural
causes.

6.
Taste
and
Odor
Producing
Substances:

Shall
not
be
present
in
amounts
that
will
interfere
with
primary
contact
recreation
or
will
render
any
undesirable
taste
and/
or
odor
to
edible
aquatic
life.

7.
Sulfates:

For
SB
estuarine
waters,
sulfates
shall
not
exceed
2,800
mg/
l.

8.
Surfactants
as
MBAS:

Shall
not
exceed
500
ug/
l.

3.2.3
Class
SC:

(
A)
Usages
and
Description:

Coastal
waters
intended
for
uses
where
the
human
body
may
come
in
indirect
contact
with
the
water
(
such
as
fishing,
boating,
etc.),
and
for
use
in
propagation
and
preservation
of
desirable
species,
including
threatened
or
endangered
species.

(
B)
Standards:

1­
Dissolved
Oxygen
Shall
contain
not
less
than
4
mg/
l
except
when
natural
conditions
cause
this
value
to
be
depressed.

2­
Coliforms
The
coliform
geometric
mean
of
a
series
of
representative
samples
(
at
least
five
samples)
of
the
waters
taken
sequentially
shall
not
exceed
10,000
colonies/
100
ml
of
total
coliforms
or
2,000
colonies/
100ml
of
fecal
coliforms.
Not
more
than
20
percent
of
the
samples
shall
exceed
4,000
colonies/
100
ml
of
fecal
coliforms.

3­
pH
In
no
case
the
pH
will
lie
outside
of
7.3
and
8.5,
except
when
caused
by
natural
phenomena.

4­
Color
Shall
not
be
altered
by
other
than
natural
phenomena
except
when
it
can
be
proven
that
such
change
in
color
is
harmless
to
biota
and
aesthetically
acceptable.

5­
Turbidity
Shall
not
exceed
10
nephelometric
turbidity
units
(
NTU).

6­
Taste
and
odor
producing
substances
Shall
contain
none
in
amounts
that
will
render
any
underable
taste
or
odor
to
edible
aquatic
life.

7­
Sulfates
For
estuarine
waters
classified
SC,
sulfates
shall
not
exceed
2,800
mg/
l.

8­
Surfactants
as
MBAS:

Shall
not
exceed
500
ug/
l.

3.2.4
Class
SD:

(
A)
Usages
and
Description:

Surface
waters
intended
for
use
as
a
raw
source
of
public
water
supply,
propagation
and
preservation
of
desirable
species,
including
threatened
or
endangered
species,

as
well
as
primary
and
secondary
contact
recreation.
Primary
contact
recreation
is
precluded
in
any
stream
or
segment
that
does
not
comply
with
Section
3.2.4(
B)
12
of
this
Article
until
such
stream
or
segment
meets
the
goal
of
the
referred
section.

(
B)
Standards:

1.
Dissolved
Oxygen:

Shall
contain
not
less
than
5.0
mg/
l
except
when
natural
conditions
cause
this
value
to
be
depressed.

2.
Coliforms:

The
coliform
geometric
mean
of
a
series
of
representative
samples
(
at
least
five
samples)
of
the
waters
taken
sequentially
shall
not
exceed
10,000
colonies/
100
ml
of
total
coliform
or
200
colonies/
100
ml
of
fecal
coliforms.

Not
more
than
20
percent
of
the
samples
shall
exceed
400
colonies/
100
ml
of
fecal
coliforms.

3.
pH:

Shall
always
lie
between
6.0
and
9.0
except
when
natural
phenomena
cause
the
value
of
pH
to
fall
outside
this
range.

4.
Color:

Shall
not
exceed
15
units
according
to
the
colorimetric
platinum­
cobalt
standard,
except
when
due
to
natural
phenomena.
In
cases
where
the
water
body
normally
exceeds
this
value,
the
mechanism
provided
under
Section
6.10
of
this
Regulation
may
be
used
to
develop
site­
specific
criteria.

5.
Turbidity:

Shall
not
exceed
50
nephelometric
turbidity
units
(
NTU),
except
when
due
to
natural
phenomena.

6.
Total
Dissolved
Solids:

Shall
not
exceed
500
mg/
l,
except
when
due
to
natural
phenomena.

7.
Taste
and
Odor
Producing
Substances:

Shall
not
be
present
in
amounts
that
will
interfere
with
the
use
for
potable
water
supply,
or
will
render
any
undesirable
taste
and/
or
odor
to
edible
aquatic
life.

8.
Total
Phosphorus:

Total
phosphorus
shall
not
exceed
1
ppm
(
mg/),
in
surface
water
bodies
upstream
from
reservoirs,
in
segments
of
surface
water
bodies
with
drinking
water
intakes
or
estuarine
waters
except
when
it
is
demonstrated
to
the
satisfaction
of
the
Board
that
a
higher
value
of
total
phosphorus
in
combination
with
prevailing
nitrogen
derived
nutrients
will
not
contribute
to
eutrophic
conditions
in
the
water
body.

9.
Surfactants
as
MBAS:

Shall
not
exceed
100
ug/
l.

10.
Sulfates:

Shall
not
exceed
250
mg/
l,
except
when
due
to
natural
phenomena.

11.
Chlorides:

Shall
not
exceed
250
mg/
l,
except
when
due
to
natural
phenomena.

12.
Other
Pathogenic
Organisms:

These
waters
shall
be
free
of
other
pathogenic
organisms.

13.
Total
Ammonia:

Total
ammonia
shall
not
exceed
1
mg/
l
upstream
from
the
points
given
by
coordi
nates
for
the
following
segments:

Río
Cibuco
­
18E21'
13"
/
66E20'
07"
Río
Hondo
­
18E26'
13"
/
66E09'
36"
Río
Guaynabo
­
18E22'
32"
/
66E07'
59"
Río
Bayamón
­
18E24'
39"
/
66E09'
09"
Río
Piedras
­
18E24'
34"
/
66E04'
10"
Quebrada
Blasina
­
18E23'
27"
/
65E58'
28"
Río
Caguitas
­
18E15'
11"
/
66E01'
26"
Río
Bairoa
­
18E15'
28"
/
66E02'
13"
Río
Chico
­
17E59'
16"
/
66E00'
18"
Río
Coamo
­
18E03'
52"
/
66E22'
10"
Río
Guayanilla
­
18E00'
50"
/
66E47'
04"
Río
Guanajibo
­
18E07'
18"
/
67E03'
56"
3.2.5
Class
SE:

(
A)
Usages
and
Description:

Surface
waters
and
wetlands
of
exceptional
ecological
value,
whose
existing
characteristics
should
not
be
altered
in
order
to
preserve
the
existing
natural
phenomena.

(
B)
Standards:

No
parameter,
whether
or
not
considered
in
this
Article,
shall
be
altered
in
concentration,
except
by
natural
causes.
Substances
reactive
with
methylene
blue
shall
not
be
present.

3.2.6
Class
SG1:

(
A)
Usages
and
Description:

Ground
waters
intended
for
use
as
source
of
drinking
water
supply
and
agricultural
uses
including
irrigation.
Also
included
under
this
class
are
those
groundwaters
that
flow
into
waters
which
support
ecological
communities
of
exceptional
ecological
value
in
accordance
with
Sections
2.1.1
and
2.2.2
of
this
Regulation.

(
B)
Standards:

1.
Dissolved
Gases:

The
composition,
combination
and
concentration
of
dissolved
gases
shall
not
be
altered
except
by
natural
causes.

2.
Coliforms:

Fecal
coliforms
shall
not
exceed
0/
100
ml
in
any
sample
by
the
MF
(
Membrane
Filter)
method.

3.
pH:

Shall
not
be
altered
except
by
natural
causes.

4.
Color:

Shall
not
be
altered
except
by
natural
causes.

5.
Turbidity:

Shall
not
be
altered
except
by
natural
causes.
6.
Total
Dissolved
Solids:

Shall
not
be
altered
except
by
natural
causes.
Here
the
term
natural
causes
does
not
include
salt
water
intrusion,
unless
this
results
from
severe
draught
conditions.

7.
Taste
and
Odor
Producing
Substances:

Shall
not
be
altered
except
by
natural
causes.

8.
Surfactants
as
MBAS:

Shall
not
be
present.
ARTICLE
4
­
INTERMITTENT
STREAMS
4.1
General:

Point
sources
may
be
relieved
from
complying
with
the
applicable
provisions
of
Article
3,
of
this
Regulation
if
the
applicant
demonstrates
to
the
satisfaction
of
the
Board
that
the
source
is
discharging
into
an
intermittent
stream
and
that
the
conditions
specified
elsewhere
in
this
Article
are
met.

4.2
Application
for
Relief:

4.2.1
Content
of
the
Application:

The
application
shall
contain
the
following:

(
A)
Evidence
to
the
satisfaction
of
the
Board
that
the
water
course
is
intermittent,

including
an
evaluation
of
the
physical
and
hydrological
characteristics
of
the
stream
bed.
Such
evidence
must
be
certified
by
an
engineer
licensed
to
practice
in
Puerto
Rico,
a
geologist,
a
hydrologist
or
a
hydrogeologist.

(
B)
A
map
which
displays:

1.
The
intermittent
stream
under
consideration,
including
the
name
of
such
body
where
available;

2.
The
location
of
all
existing,
proposed
and
anticipated
discharges
in
the
affected
watershed;

3.
The
location
of
the
nearest
downstream
enduring
water
body;

4.
The
location
of
water
supply
intakes
for
humans
and
farm
animals
in
the
intermittent
stream,
if
any,
and
the
intakes
downstream
from
the
intermittent
stream;

5.
The
location
of
wetlands
adjacent
or
associated
with
the
intermittent
stream
and
the
nearest
downstream
watercourse
not
found
to
be
an
intermittent
stream;
6.
The
location
of
karst
or
water
recharge
areas
within
the
intermittent
stream;

Non­
point
source
activities
in
the
immediate
watershed
of
the
intermittent
stream.

(
C)
Itemization
of
existing
recreational
uses.

If
no
recreational
uses
are
given
to
the
intermittent
stream,
a
certification
to
that
effect
will
be
required
from
the
Department
of
Sports
and
Recreation
and
from
the
Mayor(
s)
of
the
municipality(
ies)
where
the
intermittent
stream
is
located.

(
D)
Biological
study
identifying
the
indigenous
aquatic
communities
in
the
intermittent
stream.

(
E)
Certification
by
a
hydrologist,
geologist
or
hydrogeologist
that
no
recharge
areas
are
located
in
the
intermittent
stream.

(
F)
Determine
effluent
toxicity
in
accordance
with
the
latest
version
of
the
"
Mixing
Zone
and
Bioassay
Guidelines"
approved
by
the
Board.

4.2.2
Authorized
Signature:

All
applications
shall
be
signed
by
the
owner
or
operator,
or
in
case
of
a
corporation,
by
the
President
of
the
Corporation,
or
the
Vice
President
directly
responsible
to
the
President,
the
highest
ranking
corporate
official
with
offices
in
Puerto
Rico,
a
duly
authorized
representative
responsible
for
the
overall
operation
or
regulated
activity
who
presents
a
document
in
which
such
authority
is
delegated
to
that
representative,
in
the
case
of
other
non­
corporate
entities,
by
an
official
of
equivalent
authority.

4.2.3
Certification
of
the
Application
for
Relief:

Any
person
signing
the
application
shall
make
the
following
certification:

"
I
certify
under
penalty
of
law
that
I
have
personally
examined
and
I
am
familiar
with
the
information
submitted
in
this
document
and
all
attachments
and
that,
based
on
my
inquiry
with
those
individuals
immediately
responsible
for
obtaining
the
information,
I
understand
that
the
information
is
true,
accurate
and
complete.
I
am
aware
that
there
are
significant
penalties
for
submitting
false
information
including
the
possibility
of
fine
and
imprisonment."

4.3
Standards
for
Granting
Relief:

No
relief
from
complying
with
the
applicable
provisions
of
Article
3
of
this
Regulation
shall
be
granted,

unless
the
following
requirements
are
met;

(
A)
The
intermittent
stream
shall
not
contain
substances
or
materials,
including
floating
debris,
oil,

scum
and
other
matter,
originating
from
point
sources
in
the
amount
or
concentration
which
would:

1.
Form
objectionable
deposits;

2.
Create
nuisances;

3.
Produce
objectionable
color,
taste,
or
odor;

4.
Produce
undesirable
aquatic
life
or
result
in
a
dominance
of
nuisance
species;

5.
Cause
injuries
to,
be
hazardous
to,
or
produce
adverse
physiological
responses
in
humans,
animals
or
plants;

6.
Interfere
with
or
impair
existing
uses
of
downstream
waters.

(
B)
The
intermittent
stream
shall
contain
no
less
than
3.0
mg/
l
of
dissolved
oxygen.

(
C)
Domestic
wastewater
treatment
systems
shall
provide
at
least
secondary
treatment
and
nondomestic
wastewater
treatment
systems
shall
provide
the
best
available
control
technology,

unless
higher
degrees
of
treatment
are
necessary,
as
determined
by
the
Board,
to:

1.
Protect
the
existing
instream
uses
of
the
receiving
stream
and
of
downstream
waters;

2.
Protect
ground
water
or
recharge
areas;

3.
Maintain
the
criteria
of
Section
4.3(
A)
of
this
Article
and
4.
Prevent
a
public
health
hazard.

(
D)
Applicable
water
quality
standards
are
met
at
the
point
where
the
intermittent
stream
meets
the
nearest
downstream
enduring
water
body.

(
E)
The
intermittent
stream
is
not
used
as
a
source
of
water
supply
for
humans
or
farm
animals.

(
F)
The
existing
capacities
of
the
stream,
determined
to
be
intermittent,
to
support
the
propagation
and
maintenance
of
indigenous
aquatic
communities
will
not
be
adversely
affected
by
the
proposed
dis­
charge.

(
G)
The
existing
recreational
uses
will
not
be
adversely
affected.

(
H)
The
discharge
will
not
adversely
affect
the
ground
water
quality.

(
I)
The
discharge
will
not
adversely
affect
wetlands
adjacent
to
or
associated
with
the
intermittent
stream.

(
J)
The
discharge
will
not
create
a
potential
health
hazard
or
nuisance
condition.

(
K)
The
applicant
complies
with
the
applicable
provisions
concerning
public
participation
contained
in
Sections
4.5
and
4.6
of
this
Article.

(
L)
The
discharge
shall
not
contain
substances
at
concentrations
which
are
carcinogenic,

mutagenic,
teratogenic
or
otherwise
hazardous.
Discharges
of
these
subtances
will
be
requiered
to
meet
the
applicable
criteria
in
Article
3.1.9
(
A)
(
B
and
C)
at
the
end­
of­
pipe
when
the
flow
of
the
stream
is
composed
entirely
of
effluent.

4.4
Tentative
Determinations:

For
every
complete
application
received,
the
Board
shall
prepare
Tentative
Determinations
summarizing
the
principal
facts,
stating
the
Board's
tentative
determination,
briefly
describing
the
basis
for
such
determination
and
including
any
other
relevant
information.

4.5
Public
Notice
and
Opportunity
for
Public
Hearing:

4.5.1
Requirements
for
the
Public
Notice:

A
public
notice
shall
be
published
in
two
(
2)
newspapers
of
wide
circulation
in
Puerto
Rico
informing
the
Board's
intention
to
grant
or
deny
relief
from
the
provisions
of
Article
3
of
this
Regulation.
Such
notice
shall
also:

(
A)
Identify
the
intermittent
stream
under
consideration,
if
it
has
a
name,
and
a
description
of
its
location;

(
B)
Identify
the
nearest
downstream
watercourse
which
has
been
determined
to
be
an
enduring
water
body
(
C)
Identify
the
applicant
and
description
of
proposed
discharge(
s)
into
the
intermittent
stream;

(
D)
Inform
the
public
and
interested
parties
that
comments
can
be
submitted
to
the
Board
and
public
hearings
can
be
requested
within
thirty
(
30)
days
after
publication
of
the
notices;

(
E)
Place
and
times
in
which
the
Tentative
Determination
and
other
relevant
documents
are
available
for
public
inspection;

(
F)
Any
other
pertinent
information
specified
by
the
Board.

4.5.2
Cost
of
the
Public
Notice:

The
applicant
shall
pay
to
the
Board
the
cost
of
publication
of
the
notices
before
printing,

or
assume
the
responsibility
to
publish
the
notices.
In
the
latter
case
the
notices
shall
comply
with
the
specifications
of
the
Board.

4.6
Public
Hearings:

4.6.1
Requirements
for
Public
Hearings:

The
Board
may
hold
public
hearings
at
its
own
discretion
or
if:

(
A)
There
is
a
significant
degree
of
public
interest,
as
determined
by
the
Board;

(
B)
One
or
more
of
the
aspects
involved
in
the
Board's
decision
may
be
clarified
in
the
hearing.

4.6.2
Content
of
the
Public
Notice:

If
the
Board
decides
to
hold
public
hearings,
a
notice
shall
be
published
in
two
(
2)

newspapers
of
wide
circulation
in
Puerto
Rico.
Such
notice
shall
specify:

(
A)
The
day(
s),
the
time(
s)
and
the
place(
s)
of
the
public
hearing(
s).

(
B)
The
information
required
in
Section
4.5.1,
except
for
provision
4.5.1(
D).
(
C)
Any
other
relevant
information
requested
by
the
Board.

4.6.3
Requirements
to
Publish
Public
Notice:

The
notices
shall
be
published
at
least
thirty
(
30)
days
prior
to
the
hearing.

4.6.4
Cost
of
Public
Notice:

The
applicant
shall
pay
to
the
Board
the
cost
of
publication
of
the
notices
before
printing,

or
assume
responsibility
to
publish
the
notices.
In
the
latter
case
the
notices
shall
comply
with
the
specifications
of
the
Board.

4.7
Final
Determination
If
public
hearings
are
not
held,
the
Board
shall
emit
the
Final
Determination
after
considering
the
comments
received
within
the
thirty
(
30)
days
after
publication
of
the
notices
informing
the
public
of
the
Tentative
Determinations.
If
public
hearings
are
held,
the
Board
shall
emit
the
Final
Determination
after
considering
all
the
comments
received
within
the
thirty
(
30)
days
after
publication
of
the
notices
informing
the
public
of
the
Tentative
Determinations,
the
comments
received
during
the
public
hearings
and
the
report
from
the
hearing
panel.

4.8
Duration
of
Relief:

Relief
shall
initially
be
granted
for
a
one
(
1)
year
period.
If
warranted,
the
renewal
of
relief
shall
be
effective
for
a
fixed
period
established
by
the
Board,
not
to
exceed
five
(
5)
years.

4.9
Revocation
of
Relief:

The
Board
may
revoke
a
relief
granted
under
Article
4
for
the
following
causes:

(
A)
Non­
compliance
with
any
condition
of
the
relief;

(
B)
The
applicant's
failure,
in
the
application
or
during
the
processing
of
the
relief,
to
disclose
fully
all
relevant
facts,
or
the
permittee's
misrepresentation
of
any
relevant
fact
at
any
time;

(
C)
A
determination
that
the
discharge
endangers
human
health
or
the
environment.

4.10
Monitoring
Requirements:
In
those
cases
where
the
Board
grants
relief,
the
applicant
shall
monitor
the
chemical,
physical
and
biological
characteristics
of
the
discharge,
the
intermittent
stream,
the
nearest
downstream
water
body
determined
not
to
be
intermittent
and
any
other
body
of
water,
as
determined
by
the
Board.
The
nature,

extent
and
frequency
shall
be
established
by
the
Board
on
a
case
by
case
basis.
ARTICLE
5
­
MIXING
ZONES
5.1.
General
Authorizations
for
mixing
zone
shall
not
be
transferable
and
do
not
imply
a
property
right
of
any
kind
or
exclusive
privilege,
nor
do
they
authorize
any
harm
to
persons
or
property
or
the
invasion
of
the
private
rights
of
others,
or
the
infringement
of
any
laws
or
federal
or
state
regulations.

5.2
Natural
Background
Concentration.

If
the
petitioner
demonstrates
to
the
satisfaction
of
the
Board,
Through
extensive
field
background
concentration
of
the
receiving
waters
exceed
one
or
more
of
the
water
quality
standards
set
forth
for
the
corresponding
classification,
the
Board
may
allow
the
para­
meters
in
the
discharge
to
be
equal
to
or
less
than
the
natural
background
values.

5.3
Mixing
Zone
Authorization
Application.

Each
application
for
a
mixing
zone
shall
include
the
following:

1.
Evidence
that
the
project
has
complied
with
Article
4­
C,
Law
No.
9
of
June
18,
1970,

Environmental
Public
Policy
Act,
as
amended,
if
the
application
is
related
to
a
new
or
modified
discharge;
a
new
or
modified
submerged
outfall;
or
a
new
or
modified
discharge
channel,
by
the
submittal
of
the
corresponding
environmental
document.

2.
Physical,
chemical
and
biological
characterization
of
the
discharge
and
of
the
receiving
waters
at
the
site
in
which
the
background
concentration
is
measured,
as
specified
in
the
latest
version
of
the
"
Mixing
Zone
and
Bioassay
Guidelines"
approved
by
the
Board.
This
characterization
shall
include
the
results
of
bioassays
(
toxicity
tests)
using
organisms
approved
by
the
Board
and
following
the
methodology
described
in
said
guidelines.

3.
Existing
discharge
flow
or
proposed
discharge
flow
for
new
or
modified
discharges.

4.
Concentration
of
each
one
of
the
substances
or
parameters
that
do
not
comply
with
the
applicable
water
quality
standards
at
the
point
of
discharge,
after
using
best
practicable
technology
(
BPT),
as
defined
by
EPA,
for
their
control.

Detailed
hydraulic
design
calculations
for
the
proposed
discharge
system
demonstrating
that
the
best
engineering
practices
(
BEP)
have
been
used
for
obtaining
the
required
dilution
in
the
least
possible
tridimensional
space.

6.
Description
of
each
mathematical
model
utilized
to
determined
the
critical
initial
dilution
for
open
coastal
waters
and
dilution
for
closed
body
of
waters,
used
to
define
the
mixing
zone
and
the
corresponding
calculations,
and/
or
the
field
studies
where
the
oceanographic
data,
measurements
of
the
physical/
chemical
parameters
around
the
existing
discharges
and
the
associated
ecological
studies
demonstrate
the
extension
and
effects
of
the
mixing
zone.

7.
Diagram
showing
the
proposed
mixing
zone
and
indicating
the
coordinates
of
the
points
that
define
the
boundaries
of
the
mixing
zone.

8.
Proposed
method
to
validate
and
calibrate
(
if
necessary)
each
mathematical
model,
including
a
monitoring
plan
and
a
Quality
Assurance
Plan
that
includes
field
sampling
and
laboratory
analysis.

9.
Proposed
method
for
the
maintenance
of
the
discharge
system.

10.
Discussion
of
agreements
reached
with
the
Board
on
how
the
applicable
provisions
of
Article
5
of
this
Regulation
will
be
complied
with.

5.4
General
Standards
for
Granting
Interim
Authorizations
for
Mixing
Zones.

An
interim
authorization
for
a
mixing
zone
will
be
granted
when
the
petitioner
has
submitted
an
application
in
which
it
is
demonstrated,
to
the
satisfaction
of
the
Board,
the
following:

1.
Compliance
with
Article
4­
C,
Law
No.
9
of
June
18,
1970,
Environmental
Public
Policy
Act,
as
amended,
when
the
application
is
related
to
a
new
or
modified
discharge,
new
or
modified
submerged
outfall,
or
a
new
or
modified
discharge
channel.

2.
The
proposed
discharge
system
constitutes
the
best
engineering
practices
(
BEP)
to
minimize
the
size
of
the
tridimensional
space
of
the
mixing
zone,
maintaining
the
required
dilution.

3.
Solids
in
the
discharge
will
not
settle
on
the
bottom
of
the
receiving
waters.

4.
At
the
boundaries
of
the
proposed
mixing
zone,
after
critical
initial
dilution
for
open
coastal
waters
and
after
dilution
for
closed
bodies
of
waters
each
one
of
the
following
requirements
are
met:

a.
The
concentration
of
pollutants
or
physical
parameters,
as
defined
in
Section
5.5,
do
not
exceed
the
applicable
water
quality
standards.

b.
The
acute
toxicity
units
measure
in
a
acute
biossay
do
not
exceed
the
criteria
maximum
concentration
(
CMC).

c.
The
chronic
toxicity
units
measure
in
a
chronic
biossay
do
not
exceed
criteria
continuous
concentration
units
(
CCC).

d.
For
fresh
waters,
and
in
coastal
waters
where
the
effluent
is
not
discharged
through
a
high
rate
diffuser,
the
CMC
shall
be
reached
in
the
most
restrictive
of
the
following
conditions:

1.
Ten
percent
(
10%)
of
the
distance
from
the
boundary
of
the
outfall
to
the
mixing
zone
boundary.

2.
A
distance
of
fifty
(
50)
times
the
discharge
length
scale
in
any
spatial
direction.

This
requirement,
in
the
case
of
multiple
ports
diffusers,
shall
be
met
for
each
port
using
the
discharge
length
scale
of
said
port.

3.
A
distance
of
five
(
5)
times
the
local
water
depth
in
any
horizontal
direction
from
any
port
discharge.

5.
The
discharge
shall
not
cause
the
growth
or
propagation
of
organisms
that
negatively
disturb
the
ecological
equilibrium
in
areas
adjacent
to
the
mixing
zone.

6.
The
mixing
zone
shall
be
located
as
to
allow,
at
all
times,
passageways
for
the
movement
or
drift
of
the
biota.
Also,
the
passageways
shall
comply
with
the
following
in
the
specific
cases
mentions:

a.
If
the
receiving
body
of
water
is
closed
body
of
water,
estuary,
river
or
creek,
the
mixing
zone
shall
be
located
close
to
the
bank
itself
in
such
a
manner
that
the
passageway
permits
the
adequate
and
safe
flow
of
free
floating,
swimming
or
drifting
organisms,
or
organisms
that
have
self
propulsion.

b.
If
the
receiving
body
of
water
is
an
estuary,
the
surface
area
and
volume
of
passageway
shall
be
at
least
seventy
five
percent
(
75%)
of
the
corresponding
surface
area
of
the
volume
of
the
receiving
body
of
water
across
each
segment
of
the
estuary.

If
the
receiving
body
of
water
is
a
river
or
a
creek,
the
surface
area
and
the
cross­
sectional
area
of
the
downstream
of
this
point
shall
be
at
least
sixty­
seven
percent
(
67%)
of
the
surface
area
and
the
cross­
sectional
area
of
each
segment
of
the
river
or
creek.

d.
If
the
receiving
body
of
water
is
a
closed
body
of
water,
the
sum
of
all
mixing
zone
surface
areas
shall
not
exceed
twenty
per
cent
(
20%)
of
the
surface
area
of
the
receiving
body
of
water.

7.
The
mixing
zones
requested
will
not
overlap
with
an
adjacent
mixing
zone.

8.
The
control
technology
in
accordance
with
Article
6,
Section
8,
of
this
Regulation
is
being
used
or
proposed.

9.
Them
mixing
zones
shall
be
free
of
debris
scum,
floating
oils,
and
any
substances
which
produce
objectionable
odors.

10.
Each
mathematical
model
used
by
the
petitioner
to
define
the
mixing
zones
and
inputs
of
said
mathematical
model
were
approved
by
the
Board.

11.
The
mixing
zones
shall
not
be
located
in
a
recognized
fish
spawning
or
aquatic
organism
nursery
area
or
habitat
for
threatened
or
endangered
species.

12.
The
mixing
zones
shall
not
affect
in
any
manner
drinking
water
supply
intakes
or
water
intakes
for
livestock
located
less
than
one
hundred
(
100)
meters
upstream,
or
five
(
5)
kilometers
downstream.

13.
Except
in
the
case
of
cooling
waters,
mixing
zone
limits
in
coastal
waters
shall
not
be
located
in
such
a
manner
that
its
boundaries
are
at
a
distance
less
than
one
(
1)
kilometer
from
areas
designated
as
public
beaches,
or
classified
as
SA,
and
in
every
body
of
water
shall
be
restricted
to
avoid
interferences
with
the
designated
uses
of
the
receiving
waters.

14.
The
proposed
methodology
to
calibrate
and
validate
each
mathematical
model
used
is
acceptable
to
the
Board.

15.
The
proposed
method
for
maintaining
in
good
working
conditions
the
discharge
system
is
acceptable
to
the
Board.

16.
The
proposed
method
for
defining
the
mixing
zone
boundaries
is
acceptable
to
the
Board.
17.
Each
proposed
mixing
zone
complies
with
applicable
requirements
set
forth
in
Article
5
of
this
Regulation.

5.5
Mixing
Zone
Boundaries.

The
mixing
zone
boundaries
shall
be
determined
according
to
the
procedures
described
in
"
Mixing
Zone
and
Bioassays
Guidelines"
approved
by
the
Board.

5.6
Additional
Standards
for
Granting
Interim
Authorization
for
Mixing
Zones.

Interim
authorizations
for
mixing
zones
shall
be
granted
when
the
petitioner
demonstrates
to
the
satisfaction
of
the
Board
compliance
with
the
requirements
set
forth
in
the
"
Mixing
Zone
and
Bioassay
Guidelines",

approved
by
the
Board.

5.7
Period
to
Grant
Interim
Authorization
for
Mixing
Zones.
Within
sixty
(
60)
days
of
the
submittal
of
an
approvable
application,
the
Board
shall
make
public
their
intention
to
issue
or
modify
the
Water
Quality
Certificate
and
to
define
a
Mixing
Zone
Interim
Authorization.
The
effectiveness
of
said
interim
or
final
mixing
zone
authorization
will
be
when
EPA
incorporates
it
in
the
final
NPDES
permit
of
the
petitioner.

5.8
Period
of
Validity
of
Interim
Mixing
Zone
Authorization.

The
interim
mixing
zone
authorization
shall
be
valid
for
a
period
not
to
exceed
one
and
a
half
(
12)
years;
or
until
the
NPDES
permit
expires;
or
a
date
which
the
Board
determines,
based
on
the
data
submitted
by
the
petitioner
pursuant
to
Section
5.9
or
that
the
mixing
zones(
s)
cannot
be
validated,
whichever
occurs
first.

5.9
Calibration
and
Validation
of
Mathematical
Models
Used
to
Define
a
Mixing
Zone.

In
the
process
of
obtaining
a
mixing
zone
authorization,
the
petitioner
shall
submit
to
the
Board
information
related
to
the
following:

1.
Calibration
The
petitioner
shall
calibrate
those
mathematical
models
that
require
calibration
as
part
of
the
process
of
granting
an
interim
authorization
for
a
mixing
zone.

2.
Monitoring
Program
for
Validation
The
petitioner
shall
implement
a
one
(
1)
year
monitoring
program
to
obtain
the
necessary
data
required
to
validate
each
mathematical
model
during
two
(
2)
seasons
(
winter
and
summer).
The
monitoring
program
shall
include
as
a
minimum:

a.
Continuous
flow
measurements.

b.
Sampling
of
a
frequency
to
be
established
by
the
Board
on
a
case
by
case
basis,
at
the
following
locations:

1)
Effluent.

2)
Station
approved
by
the
Board
to
determine
the
background
concentration
for
each
one
of
the
substances
for
which
a
mixing
zone
is
requested.

3)
Stations
approved
by
the
Board
at
the
boundaries
of
each
mixing
zone.

3.
Analysis
for
all
parameters
that
prompted
the
mixing
zone
application
and
other
parameters
needed
to
run
each
corresponding
mathematical
model.

4.
Current
velocities
at
a
frequency
to
be
established
by
the
Board
on
a
case
by
case
basis,
if
current
velocities
are
an
input
to
the
mathematical
model
used
to
define
the
mixing
zone.

5
Show
that
the
model
passes
the
validation
test.
This
shall
be
done
by
means
of
a
comparative
analysis
between
the
obtained
values
in
the
sampling
program,
against
the
values
indicated
by
the
model
for
corresponding
points
throughout
the
periphery
of
the
mixing
zone.
The
model
whose
calculated
limits
are
equal
to
or
more
than
the
ones
obtained
through
the
sampling
program
shall
be
validated.
Since
the
field
data
are
affected
by
variations
in
water
currents,
tides,
etc.,
which
vary
as
a
function
of
time,
the
referred
comparison
shall
be
done
considering
the
data
obtained
in
real
time
or
as
close
to
it
as
possible.

5.10
Standards
for
Granting
Final
Mixing
Zones
Authorizations.
A
final
mixing
zone
authorization
will
be
issued
if
the
mathematical
model
is
validated
as
established
in
Section
5.9
of
this
Regulation.
5.11
Period
of
Validity
of
Final
Authorization
of
Mixing
Zones.

A
final
authorization
of
a
mixing
zone
shall
be
valid
for
a
period
not
to
exceed
five
(
5)
years,
but
in
no
case
will
it
exceed
the
expiration
date
of
the
NPDES
permit.

5.12
Renewal
of
Mixing
Zone
Authorizations.

At
least
one
hundred
and
eighty
(
180)
days
prior
to
the
expiration
date
of
a
final
mixing
zone,
the
person
to
whom
the
authorization
was
issued,
shall
submit
a
complete
application
for
the
renewal
of
the
mixing
zone
authorization.
The
renewal
application
shall
contain
the
information
that
has
changed
with
respect
to
the
information
previously
submitted
in
compliance
with
the
specifications
of
Section
5.3,

and
a
certification
indicating
that
the
remainder
of
the
information
has
not
changed.

5.13
Revocation
of
Interim
and
Final
Authorizations
of
Mixing
Zones.

The
Board
may
revoke
an
interim
or
final
authorization
of
a
mixing
zone
for
the
following
reasons:

1.
The
mathematical
model
used
to
define
the
mixing
zone
was
not
validated.
The
Board,
upon
request
by
the
petitioner,
can
approve
a
Compliance
Plan
in
which
corrective
actions
are
committed
to
take
place
within
the
shortest
time
possible
to
obtain
the
necessary
validation.

The
Board
can
maintain
in
force
the
Interim
Authorization
while
the
conditions
incorporated
in
the
mentioned
plan
are
executed.

2.
The
petitioner's
failure
to
fully
disclose
all
relevant
facts
in
the
authorization
application
or
renewal,

or
the
petitioner's
misrepresentation
of
any
relevant
facts
during
the
mixing
zone
evaluation
or
during
the
validation
process.

3.
Non­
compliance
with
any
applicable
provision
in
Article
5
of
this
Regulation.

4.
Changes
in
the
conditions
under
which
the
mixing
zone
was
approved,
including,
but
not
limited
to,

dishcarge
flow,
effluent
characteristics,
and
the
discharge
syste,
as
originally
approved
by
the
Board.

5.
There
is
an
imminent
threat
to
human
health
or
the
environment.

5.14
Procedures
for
Revoking
Mixing
Zone
Authorizations.

If
there
are
reasons
to
revoke
a
mixing
zone
authorization
as
specified
is
Section
5.11,
the
Board
shall
notify
the
person
to
whom
the
authorization
was
granted
indicating
the
intention
of
revoking
the
authorization
by
means
of
a
Show
Cause
Order.
The
procedures
to
follow
are
those
specified
in
EQB's
Internal
Regulations
for
Administrative
Hearings.
Notwithstanding
the
foregoing,
the
Board
may
immediately
revoke
a
mixing
zone
authorization
without
previous
notice,
nor
the
opportunity
of
hearings
if
there
is
an
imminent
threat
to
human
health
or
the
environment.

5.15
Ocean
Outfall
and
Diffuser
Requirements.

The
ocean
outfalls
and
the
diffusers
shall
be
designed,
constructed
and
operated
in
accordance
to
best
engineering
practices.
When
the
proposed
discharge
system
incorporates
said
technology,
the
petitioner
shall
include
in
the
mixing
zone
application,
information
regarding
the
following:

1.
Length
and
diameter
of
the
diffuser.

2.
Number,
diameter
and
the
diffuser
ports
distribution.

3.
Maximum
and
minimum
exit
velocities
in
the
diffuser
ports.

4.
Measures
to
avoid
the
intrusion
of
surrounding
waters
within
the
diffuser.

5.
The
Froude
number
used
for
the
design
of
the
ports.

6.
Outfall
diameter
and
average
value
of
the
transversal
area
that
will
be
ull
under
normal
operating
conditions.

7.
Minimum
and
maximum
design
velocities
for
the
outfall
flow.

8.
Any
other
design
detail
that
could
contribute
to
optimize
the
fast
dilution
of
discharge.

5.16
Compliance
Plans
As
requested
by
the
petitioner,
the
Board
may
consider
and
approve
Compliance
Plans
for
existing
discharges
that
do
not
comply
with
the
requirements
specified
in
this
Regulation.
Such
plans
shall
indicate
the
way
in
which
those
discharges
will
be
made
to
comply,
using
the
best
engineering
practices
and
within
the
shortest
period
of
time,
which
will
not
exceed
the
NPDES
permit
expiration
date,
but
under
no
circumstances
should
exceed
more
than
three
(
3)
years.
ARTICLE
­
6
GENERAL
PROVISIONS
6.1
General
Prohibitions:

6.1.1
Pollution
of
the
Waters
of
Puerto
Rico:

No
person
shall
cause
or
allow
the
pollution
of
the
waters
of
Puerto
Rico,
as
defined
in
Article
1
of
this
Regulation.

6.1.2
Discharge
of
Pollutants:

No
person
shall
cause
or
permit
the
discharge
of
any
water
pollutant
in
violation
of
Applicable
Rules
and
Regulations:

(
A)
These
Applicable
Rules
and
Regulations
include
the
water
quality
standards
and
all
other
requirements
established
by
this
Regulation
or
by
other
laws
or
regulations
of
the
Commonwealth
of
Puerto
Rico,
concerning
the
conservation
and
protection
of
the
natural
resources
that
may
affect
the
quality
of
the
water
resources.

(
B)
Moreover,
such
Applicable
Rules
and
Regulations
shall
be
deemed
to
prohibit
any
discharge
that,
in
the
judgment
of
the
Board,
prevents
or
interferes
with
attainment
or
maintenance
of
applicable
water
quality
standards
established
by
this
Regulation
or
by
other
laws
or
regulations
of
the
Commonwealth
of
Puerto
Rico.

6.1.3
No
person
shall
cause
or
allow
any
discharge
for
which:

(
1)
this
Board
has
not
defined
and
approved
a
mixing
zone
in
accordance
with
Article
5
of
this
Regulation:
or
(
2)
this
Board
has
not
made
a
waste
load
allocation
analysis
in
accordance
with
Article
10
of
this
Regulation;
or
(
3)
this
Board
has
not
approved
a
relief
of
compliance
with
the
requirements
of
Article
3
in
accordance
with
Article
4
of
this
Regulation,
unless
the
discharge
prior
to
dilution
(
at
the
sampling
point
of
the
discharge),
complies
with
all
the
water
quality
standards;
or
(
4)
this
Board
has
not
approved
a
Compliance
Plan
in
accordance
with
Section
6.12
of
this
Regulation;
or
(
5)
this
Board
has
not
approved
a
temporary
exemption
in
accordance
with
Article
9
of
this
Regulation.

6.2
Source
Monitoring,
Record
Keeping,
Reporting,
Sampling
and
Testing
Methods:

6.2.1
Monitoring,
Records,
Reports:

The
Board
may
require
the
owner
of
any
source,
at
the
owners
expense,
to
use
and
maintain
such
monitoring
equipment,
sample
and
measure
the
volume
of
discharges,
sample
the
receiving
waters,
establish
and
maintain
records,
and
make
periodic
reports
as
the
Board
shall
prescribe.

6.2.2
Right
of
Entry:

Representatives
of
the
Board,
properly
identified:

(
A)
Shall
have
right
to
entry
to,
upon,
or
through
any
premises
in
which
a
source
is
located
or
in
which
any
records
required
to
be
maintained
under
this
Regulation
are
located.

(
B)
Shall
have
access
to,
inspect
and
copy
any
records
required
under
this
Regulation,

inspect
any
monitoring
equipment
method
to
determine
its
accuracy,
and
sample
any
discharge
or
receiving
waters
which
the
owner
is
required
to
sample
under
this
Regulation.

6.2.3
Sample
Collection
and
Analysis:

All
sample
collection,
preservation,
and
analysis
shall
be
carried
out
in
accordance
with
those
methods
and
procedures
described
in
the
most
recently
EPA
approved
edition
of
"
Standard
Methods
for
the
Examination
of
Water
and
Wastewater",
and
40
CFR
Part
136.

All
chemical
analyses
shall
be
certified
by
a
chemist
licensed
to
practice
the
profession
in
Puerto
Rico.
All
bacteriological
tests
shall
be
certified
by
a
medical
technician
licensed
to
practice
the
pro­

fession
in
Puerto
Rico.

6.2.4
Certification
of
Records
and
Reports:

All
records
and
reports
required
pursuant
to
this
Regulation
shall
be
submitted
together
with
a
sworn
statement
or
affidavit
of
the
corporate
president
or
of
the
highest
ranking
corporate
officer
with
offices
in
Puerto
Rico
or
of
an
equally
responsible
officer
in
the
case
of
organizations
other
than
corporations.
Such
sworn
statement
or
affidavit
can
be
signed
by
an
officer
previously
authorized
in
writing
by
the
responsible
officer
named
above,
and
shall,
in
all
cases,
attest
to
the
truth,
correctness,
and
completeness
of
such
records
and
reports.

6.2.5
Sampling
and
Testing
Facilities:

The
Board
may
conduct
tests
of
discharges
of
water
pollutants
from
any
source.
Upon
request
of
the
Board,
the
per
son
responsible
for
the
source
to
be
tested
shall
provide
such
safe
and
proper
monitoring
and
testing
facilities,
(
but
not
including
instrument
and
testing
devices
except
when
required
pursuant
to
other
provisions
of
this
Regulation,
orders,

authorizations
of
state
permits
or
federal
permits)
as
may
be
necessary
for
proper
characterization
of
the
discharge.

6.3
Discharge
Data
Available
to
Public
Presentation:
6.3.1
Public
Access
to
Data:

All
discharge
data
obtained
by
the
Board,
including
data
reported
pursuant
to
Section
6.2
of
this
Article,
shall
be
made
available
for
public
inspection
and
shall
also
be
made
available
to
the
public
in
any
additional
way
that
the
Board
may
deem
appropriate.

6.3.2
Presentation
of
Data:

All
such
discharge
data
shall
be
presented
in
such
a
manner
as
to
show
the
relationship
between
measured
or
estimated
discharges
and
the
discharges
allowable
under
Applicable
Rules
and
Regulations.

6.4
Malfunction
of
Equipment;
Reporting:

In
the
event
that
any
source,
water
pollution
control
equipment
or
related
facility
breaks
down
in
such
a
manner
as
to
cause
the
discharge
of
pollutant
in
violation
of
Applicable
Rules
and
Regulations,
the
person
responsible
for
the
equipment
shall
provide
a
statement
giving
all
pertinent
facts,
including
the
estimated
duration
of
the
breakdown.
The
Board
shall
be
notified
when
the
condition
causing
the
failure
or
breakdown
has
been
corrected
and
the
equipment
is
again
in
operation.
When
required
by
the
Board,
this
notification
shall
be
followed
by
a
written
report
of
the
incident.
This
report
shall
include
specific
data
concerning
the
affected
equipment,
date
and
hour
of
the
occurrence,
causes
of
the
malfunction,
and
corrective
measures
taken.

6.5
Emergency
Plan:

The
Board
may
require
the
owner
of
any
source
to
provide
or
contract
the
services
for
equipment
and
materials
necessary
for
controlling
spills
of
oil
and/
or
hazardous
substances.
The
Board
may
also
require
the
owner
of
any
source
to
take
all
necessary
measures
to
control
nontoxic
spills
that
may
cause
a
disagreeable
taste
or
odor
to
the
waters.
The
source
must
have
an
emergency
plan
for
prompt
action
in
case
of
spills.
Said
plan
must
be
coordinated
with
the
Emergency
Plan
for
Puerto
Rico.
The
Emergency
Plan
requirements
will
be
included
in
the
guides
developed
by
the
Board
concerning
this
matter.

6.6
Water
Pollution
Control
Equipment:

6.6.1
General:

(
A)
All
water
pollution
control
equipment
shall
be
installed,
maintained
and
operated
in
such
a
manner
as
to
allow
compliance
with
Applicable
Rules
and
Regulations.

(
B)
All
pollutants
removed
from
the
wastewater
shall
be
disposed
of
at
the
intervals
required
for
maintaining
optimum
operational
efficiency.
The
disposal
of
removed
pollutants
shall
be
in
accordance
with
Applicable
Rules
and
Regulations
and
in
such
a
manner
as
to
prevent
environmental
degradation.

(
C)
Where
required
by
the
Board,
and
particularly
for
those
sources
where
pollution
would
result
in
immediate
danger
to
human
health
or
life,
stand­
by
equipment
shall
be
provided
to
insure
continuous
operation.

6.6.2
Operation:

Following
the
issuance
of
licenses
by
the
Potable
Water
and
Wastewater
Treatment
Plant
Operators
Examining
Board
of
the
Government
of
Puerto
Rico,
all
wastewater
facili­
ties,

whether
publicly
or
privately
owned,
must
be
under
the
supervision
of
an
operator
licensed
by
such
Examining
Board.

6.7
Minimum
Treatment
Required.

The
minimum
treatment
required
for
any
wastewater
must
be
such
that
discharges
shall
meet
effluent
limits
as
established
under
Section
301
of
the
Clean
Water
Act
as
amended
and
shall
not
cause
the
water
quality
standards,
as
set
forth
in
Articles
2
and
3
of
this
Regulation,
to
be
contravened,
except
as
provided
under
Article
3.

6.8
Standards
for
Substances
at
Concentrations
Below
the
Detection
Level.

In
those
cases
where
a
standard
for
a
particular
substance
is
below
the
detection
level
of
approved
analytical
methods,
as
indicated
in
Section
6.2.3
of
this
Article,
the
Board
may
require,
in
any
permit,
order,

authorization
or
certificate
issued
by
the
Board,
that
such
substance
be
analyzed
by
the
approved
analytic
method
with
the
lowest
detection
level,
as
indicated
in
Section
6.2.3.
The
applicable
limit
in
these
cases
shall
be
that
the
substance
not
be
detectable
by
the
required
method.

6.9
Toxicity
Testing
(
Bioassay)

The
Board
may
request
any
point
source
to
conduct
acute
toxicity
tests
of
its
wastewater
discharges.

Based
upon
an
evaluation
of
the
test
results,
this
Board
may
require
additional
toxicity
tests
(
bioassays),

including
chronic
tests
and
toxicity/
treatability
studies,
and
may
impose
toxicity
limitations.

6.10
Site­
Specific
Water
Quality
Standards
The
Board
or
any
interested
person
may
develop,
in
accordance
with
the
requirements
of
40
CFR
Part
131
and
guidelines
developed
pursuant
to
40
CFR
Part
131,
a
site­
specific
water
quality
criteria
where
such
criteria
is
considered
necessary.
When
the
criteria
is
to
be
developed
by
an
interested
person,
that
person
must
submit,
for
the
Board's
approval,
a
protocol
of
all
the
procedures,
conditions,
organisms
and
sites
that
will
be
considered
by
such
person
to
develop
the
criteria.
The
Board
may
adopt
a
criteria
developed
in
accordance
with
this
Section
of
Article
6
as
a
water
quality
standard
pursuant
to
the
procedures
established
under
40
CFR
Part
131.20.

6.11
Water
Quality
Certificate.
(
1)
The
water
quality
standards
established
by
this
Regulation
are
not
concentration
limits
applicable
to
effluents.
These
standards
are
applicable
to
the
receiving
water
body.
When
requesting
a
Water
Quality
Certificate,
the
petitioner
must
submit,
as
part
of
the
application,
a
characterization
of
the
effluent,
the
receiving
waters
and
the
limits
which
the
petitioner
requests
be
applicable
to
the
effluent,
together
with
a
detailed
analysis
of
the
method(
s)
used
to
translate
water
quality
standards
into
effluent
limitation
and
the
justification
for
their
use.
The
petitioner
must
demonstrate
to
the
satisfaction
and
requirement
of
the
Board
that
the
limits
requested
shall
not
cause
a
violation
of
the
water
quality
standards
of
the
receiving
water
body,
taking
into
account
the
procedures
of
waste
load
allocation
(
Article
10),
compliance
plans
(
Section
6.12),
determination
of
mixing
zones
(
Article
5),
site­
specific
water
quality
standards
(
Section
6.10),
requests
for
temporary
exemptions
(
Article
9),
(
and)
the
provisions
for
intermittent
water
bodies
(
Article
4)
or
any
other
defensible
method
acceptable
by
the
Board.
In
no
case
shall
it
be
allowed
that
any
discharge
will
cause
a
violation
of
the
water
quality
standard
in
the
receiving
water
body
(
coastal,

surface,
estuarine
and
ground
waters),
if
the
average
calculated
from
the
flow
proportional
composite
samples
taken
in
a
24
hour
period
exceed
the
maximum
limit
allowed
for
that
specific
parameter
as
established
in
Article
3.
The
Board
reserves
the
right
to
intervene
with
any
discharge
of
pollutants
that
affects
the
quality
of
a
receiving
water
body
in
a
given
moment.
This
includes
setting
limits
on
any
substances
not
specifically
listed
in
this
Regulation
and
also
regulating
the
manner
in
which
a
discharge
take
place,
when
the
Board
finds
that
such
intervention
is
necessary
to
protect
the
quality
and
the
designated
use
of
a
water
body.

(
2)
This
Board
will
publish
a
public
notice
in
the
newspaper
of
widest
circulation
in
Puerto
Rico
informing
the
Board's
intention
to
grant
or
deny
any
Water
Quality
Certificate
requested
pursuant
to
the
Clean
Water
Act.
The
cost
of
the
publication
of
such
notice
will
be
paid
by
the
petitioner
of
the
corresponding
permit
object
of
the
referred
Water
Quality
Certificate.
This
Board
will
notify
the
petitioner
of
the
permit,
fifteen
(
15)
days
prior
to
the
publishing
date
of
the
public
notice,
of
the
requirement
to
pay
for
the
publication
of
said
notice
in
order
to
allow
the
petitioner
time
to
pay
for
the
publication.

6.12
Compliance
Plan
This
Board
may
consider
and
approve
a
Compliance
Plan
for
any
existing
facility
that
is
not
in
compliance
with
the
provisions
of
this
Regulation.
Such
Compliance
Plan
may
be
requested
by
a
petitioner
of
any
water
quality
certificate,
approval,
permit
or
authorization
under
consideration
of
this
Board.
Such
petition
must
be
submitted
to
this
Board
with
the
following
information
(
a)
Evidence
which
demonstrates,
to
the
satisfaction
of
the
Board,
the
need
of
a
Compliance
Plan.

(
b)
The
proposed
Compliance
Plan
which
indicates
the
manner
in
which
such
facilities
will
meet
full
compliance
with
the
applicable
provisions
of
this
Regulation,
utilizing
the
best
engineering
practices
and
in
the
shortest
time
possible.

The
effective
period
of
the
Compliance
Plan
shall
not
exceed
a
maximum
period
of
three
(
3)
years,

except
upon
request
of
the
interested
person
and
when
it
is
demonstrated
that
conditions,
which
make
necessary
an
extension
of
such
period
still
exist.
In
this
case
the
Board
may
grant
an
extension
of
the
effective
period
of
the
Compliance
Plan
that
will
not
exceed
two
(
2)
years.

This
Board
may
impose
any
condition
considered
necessary
to
assure
full
compliance
with
the
provisions
of
this
Regulation
in
the
shortest
time
possible.

This
Board
may
revoke
the
approval
of
a
Compliance
Plan
for
any
of
the
following
reasons:

(
a)
The
petitioner
has
not
revealed
all
the
relevant
facts
in
the
request
or
has
provided
false
representation
of
any
of
the
relevant
facts
during
the
evaluation
of
such
request.

(
b)
Non­
compliance
with
any
applicable
provision
of
the
Compliance
Plan.

(
c)
Changes
in
the
conditions,
without
due
authorization
from
this
Board,
under
which
the
Compliance
Plan
was
approved.

(
d)
There
exists
an
imminent
hazard
to
public
health
or
the
environment.
(
e)
This
Board
reserves
the
right
to
supervise
and
oversee
the
actions
of
the
petitioner
concerning
the
performance
of
the
Compliance
Plan.

ARTICLE
7
­
PENALTIES
Any
violation
of
this
Regulation
will
constitute
a
felony
and
will
be
subject
to
the
penalties
established
by
the
Public
Policy
Environmental
Act,
Law
Number
9
of
June
18,
1970
as
amended.
Moreover,
the
Board
may,
in
case
of
infraction
of
any
of
the
Applicable
Rules
and
Regulations,
suspend,
amend,
or
revoke
any
relevant
certification,
approval,
or
other
authorization
issued
under
this
Regulation.
ARTICLE
8
­
ADDITIONAL
PROVISIONS
8.1
Public
Nuisance:

(
1)
Nothing
in
this
Regulation
shall
be
construed
to
authorize
or
legalize
the
creation
or
maintenance
of
a
public
nuisance
as
defined
in
Article
329
of
the
Penal
Code
of
Puerto
Rico.

(
2)
This
section
shall
not
be
understood
as
a
limit
or
restriction
of
the
other
prohibitions
established
in
other
parts
of
this
Regulation.

8.2
Overlapping
or
Contradictory
Provisions:

If
a
requirement
established
by
any
provision
of
this
Regulation
is
either
more
restrictive
or
less
restrictive
than
a
requirement
established
by
any
other
provision
of
this
Regulation
or
by
any
other
law,
regulation,

standard,
or
limit
established
by
any
duly
constituted
governmental
authority
having
jurisdiction,
the
requirement
which
is
more
restrictive
shall
apply.

8.3
Derogation:

This
Regulation
nullifies
any
previous
provision,
resolution,
agreement,
or
regulation
of
the
same
subject
which
may
contradict
this
Regulation.
Moreover,
this
Regulation
nullifies
in
their
entirety
Sanitary
Regulations
No.
127,
128,
129,
and
131
of
the
Department
of
Health.

8.4
Separability
Clause:

If
any
provision
of
this
Regulation
is
declared
illegal
or
unconstitutional
by
decision
of
a
court,
such
declaration
or
decision
will
not
affect
the
other
provisions
of
this
Regulation,
each
one
being
considered
as
separate.

8.5
Effectiveness:
This
Regulation
shall
go
into
effect
thirty
(
30)
days
after
the
date
of
its
filing
at
the
Department
of
State,
in
conformity
with
Law
170
of
August
12,
1988.

8.6
Amendments
to
This
Regulation:

8.6.1
Effective
Date
of
Amendments:

The
Board
may
adopt
amendments
to
this
Regulation.
Such
amendments
shall
be
in
effect
thirty
(
30)
days
after
the
date
of
its
filing
at
the
Department
of
State,
or
immediately
through
the
issuance
of
an
executive
order
in
conformity
with
the
provisions
of
Law
170
of
August
12,
1988.
8.6.2
Required
Hearing
on
Amendments:

The
Board
shall
not
adopt
any
amendment
without
holding
a
public
hearing
and
complying
with
the
notice
requirements,
established
in
Section
8.6.3
of
this
Article.

8.6.3
Notice
of
Required
Hearings:

(
A)
Notice
of
the
date,
time,
place
and
nature
of
the
required
hearing
that
the
Board
shall
hold
to
amend
this
Regulation,
must
be
given
at
least
thirty
30
days
before
the
hearing
by
publishing
the
required
notice
at
least
once
in
two
of
the
newspapers
of
wide
circulation
on
the
Island.
The
Board
may
give
additional
notice
in
any
manner
it
deems
appropriate.

(
B)
Such
notice
of
hearings
shall
indicate
at
least
one
location
where
the
full
text
of
the
proposed
amendment
will
be
available
for
public
inspection.

8.6.4
Mandatory
Periodic
Hearings
on
the
Regulation:

The
Board
shall
periodically
hold
public
hearings
which
shall
be
held
not
later
than
3
years
after
the
latest
adopted
amendments.

8.6.5
Effect
of
Pending
Amendment:

(
A)
For
purposes
of
this
Section,
an
amendment
is
"
pending"
from
the
date
of
first
publication
of
the
notice
of
public
hearing
on
the
amendment.

Notwithstanding
any
other
provision
of
this
Regulation
while
any
amendment
to
this
Regulation
is
pending,
any
water
quality
certificate,
approval,
permit,
or
authorization
under
consideration
by
the
Board,
shall
be
based
on
the
Regulation
in
effect
and
any
such
approval,
permit
or
authorization
under
consideration
by
the
Board
shall
be
conditioned
to
the
immediate
applicability
of
the
amendment
upon
the
date
of
effectiveness
of
such
amendment,
unless
the
petitioner
of
the
water
quality
certificate,
approval,
permit
or
authorization
requests
and
obtains
a
Compliance
Plan
in
accordance
with
Section
6.10
of
this
Regulation.

(
C)
Water
quality
certificates,
approvals,
permits
or
authorizations
issued
under
this
Regulation
prior
to
the
amendment,
shall
remain
unaltered
until
the
date
of
renewal,
extension
or
expiration.

If
a
person
considers
that
a
benefit
may
be
obtained
from
an
amendment
made
to
this
Regulation,
that
person
may
request
from
the
Board
that
such
benefit
be
granted.
The
Board
will
decide,
based
on
the
particular
circumstances
of
each
case,
after
receiving
a
petition
suppor
ting
the
request,
whether
or
not
the
benefit
will
be
granted.
ARTICLE
9
­
TEMPORARY
EXEMPTIONS
9.1
General
The
Board
may
grant
temporary
exemptions
to
domestic
and
industrial
wastewater
treatment
plants
and
drinking
water
treatment
plants
that
hold
or
have
requested
an
NPDES
permit
to
EPA
in
order
to
discharge
effluents
that
do
not
fully
comply
with
the
provisions
of
Article
3.1.9(
A)
1,
3.1.9(
B)
1,
3.1.9(
B)
2
and
3.2,
if
the
provisions
of
this
Article
are
met
and
if
any
temporary
exemption
to
be
granted
by
the
Board
is
approved
by
EPA.
All
approved
temporary
exemptions
will
be
informed
in
the
next
printing
of
the
Regulation.

The
water
quality
standards
established
by
this
Regulation
are
not
concentration
limits
applicable
to
effluents.
The
temporary
exemptions
do
not
constitute
a
petitioner
right
and
the
granting,
denial,

termination
and
renewal
will
be
subject
to
the
judgment
of
the
Board.
It
is
the
responsibility
of
the
petitioner
to
perform
the
necessary
studies
and
submit
the
evidence
to
prove
to
the
Board's
satisfaction,
that
after
having
incorporated
or
having
agreed
to
incorporate
control
technology
beyond
the
required
to
meet
the
technology
based
effluent
limits
required
persuant
to
Section
301
of
the
CWA
it
is
not
possible
to
comply
with
all
the
water
quality
standards,
and
for
that
reason
is
necessary
an
exemption
for
the
parameters
in
non­
compliance.
Also
the
petitioner
has
the
obligation
to
perform,
to
the
Board's
satisfaction,
the
required
studies
and
to
submit
any
additional
information
required
by
the
Board.

In
the
case
of
drinking
water
treatment
plants,
the
petitioners
must
provide
evidence
that
demonstrates,
to
the
satisfaction
of
the
Board,
that
it
cannot
comply
with
the
water
quality
standards
even
though
the
petitioner
has
implemented
or
has
committed
to
implement
by
means
of
a
compliance
plan,
practical
alternatives
to
control
the
quality
of
the
effluent
from
this
type
of
facility.

The
granting
of
an
exemption
to
a
wastewater
treatment
plant
does
not
exempt
the
other
point
sources
that
cdischarge
to
the
same
water
body
from
compliance
with
the
water
quality
standards.

9.2
Circumstances
that
may
require
a
temporary
exemption.

The
Board
may
consider
temporary
exemptions
in
the
following
cases:

1.
The
existing
plant
cannot
comply
with
all
the
water
quality
standards
and
the
wastewaters
that
reach
the
plant
will
be
hooked­
up
to
a
new
treatment
plant
(
with
ocean
outfall)
within
the
next
five
(
5)
years.
The
temporary
exemptions
granted
in
these
cases
will
be
denominated
Category
I
Temporary
Exemption.

2.
The
existing
or
new
plant
cannot
fully
comply
with
all
the
water
quality
standards
having,

implemented,
or
committed
to
implement
the
Best
Available
Practical
Technology
(
BAPT);
the
plant
will
not
be
substituted
for
a
new
treatment
plant
with
ocean
outfall
within
the
next
five
(
5)

years;
land
disposal
of
the
treated
waters
is
not
feasible
and
it
is
not
feasible
to
reuse.
The
difference
between
the
water
quality
standards
and
the
water
quality
attainable
through
the
use
of
BAPT
on
the
discharge,
will
be
subject
to
an
exemption
that
will
be
denominated
Category
II
Temporary
Exemption.

3.
For
each
case,
the
petitioner
shall
demonstrate
to
the
Board
that
the
adverse
economic
and
social
impact
which
will
result
from
requiring
compliance
with
the
standard
by
means
of
technology
more
advanced
than
technology­
based
effluent
limits
will
be
substantial
in
comparison
to
any
adverse
environmental
public
health
or
welfare
aspects.

9.3
Exclusions
Notwithstanding
the
dispositions
of
Article
9.2,
under
no
circumstances
will
a
temporary
exemption
be
granted
in
the
following
cases:

1.
The
discharge
that
will
be
permitted
for
the
exemption,
alone
or
in
combination
with
the
other
discharges
to
the
receiving
water
body,
will
affect
or
constitute
a
risk
to
the
public
health,
or
will
cause
significant
damage
to
the
environment.

2.
The
plant
discharges
to
a
water
body
classified
SA
or
SE.

3.
There
is
an
intent
to
discharge
sludge
to
the
receiving
water
body.

4.
In
the
case
of
discharges
to
surface
water
bodies
where
the
treatment
plant
provides
less
than
technology­
based
effluent
limits
,
and
there
is
no
Compliance
Plan
approved
by
the
Board
in
which
the
petitioner
commits
itself
to
implement
such
system
in
a
determined
period.
This
condition
does
not
apply
to
the
exemptions
in
Category
I.

5.
The
existing
uses
of
the
receiving
water
body
would
be
adversely
affected.

9.4
Exemption
Application
9.4.1
Pre­
Application
Coordination
Meeting.
Prior
to
submitting
an
exemption
application,
the
interested
party
should
submit
a
written
request
for
a
preapplication
coordination
meeting,
with
personnel
of
the
Water
Quality
Program
of
the
Board.
In
such
meeting,
the
interested
party
should
present
the
evidence
that
justify
the
application,
based
on
this
will
be
coordinated
the
steps
to
be
followed
if
the
Board
considers
that
the
exemption
may
be
granted.

9.4.2
Content
of
Category
I
Exemption
Application.

The
Category
I
exemption
application
will
contain
the
following:

A.
Petitioner's
name
and
address.

B.
Name
and
telephone
number
of
the
person
designated
by
the
petitioner
to
coordinate
the
processing
of
the
application
with
the
Environmental
Quality
Board.

C.
Location
of
the
treatment
plant.

D.
Description
of
the
treatment
plant.

E.
Location
of
the
discharge
point.

F.
Current
flow
of
the
treatment
plant,
(
daily
average
flow).

G.
Design
flow
of
the
treatment
plant.

H.
Industrial
contribution
to
the
treatment
plant
flow,
(
effluent
volume
and
characteristics
for
each
industry
connected
to
the
system).

I.
Chemical,
physical
and
biological
characteristics
of
the
effluent
of
the
plant
including
all
the
level
for
parameters
included
in
the
WQSR.

J.
Parameters
for
which
the
exemption
is
requested
and
the
alternate
levels
proposed
by
the
petitioner.

K.
Description
of
the
proposed
or
existing
pretreatment
program
in
the
service
area
of
the
treatment
plant,
including
the
plan
developed
for
its
implementation.

L.
Chronic
and
acute
toxicity
study,
performed
in
accordance
with
the
"
Guidance
for
Mixing
Zones
and
Bioassays"
published
by
the
Board.

M.
Any
other
information
requested
by
the
Board.

9.4.3
Content
of
Category
II
Exemption
Application
Such
applications
will
contain
the
same
information
required
for
the
Category
I
exemption
applications,
and
the
following
additional
information:

Inventory
and
description
of
the
drinking
water
intakes;
animal
enterprises
water
intakes,

environmental
sensitive
areas
and
distance
of
each
of
these
downstream
from
the
discharge
point.
B.
Inventory
of
recreational
areas
on
areas
of
commercial
or
recreational
fishing
downstream
from
the
discharge
point
and
distance
of
each
of
these
areas
from
the
discharge
point.

C.
Seven
day
two
year
(
7Q2)
low
flow,
if
the
receiving
water
body
is
a
river
or
a
creek.

D.
Water
quality
data,
including
the
parameters
subject
of
the
exemption
application,

upstream
and
downstream
of
the
discharge
point
(
the
number
of
stations,
locations,

sampling
frequency
and
duration
and
other
details
of
the
study
will
be
determined
by
the
Board
in
each
particular
case).

E.
Compliance
Plan
to
provide
treatment
at
the
BAPT
level,
when
this
would
not
be
available
at
the
moment
of
requesting
exemption
(
applies
only
to
Category
II
exemptions).

F.
Effluent
monitoring
plan
proposed
by
the
petitioner
to
characterize
the
discharge,
if
the
exemption
is
granted.

G.
Any
other
study
or
information
that
the
Board
considers
necessary,
such
as:

1.
Study
to
determine
the
water
body's
assimilative
capacity
for
substances
which
have
oxygen
demand.
The
Streeter­
Phelps
methodology
will
be
used.

2.
Study
to
determine
the
nature
and
extent
of
the
sedimentation
of
solids
discharged
by
the
plant
in
the
receiving
water
body,
if
the
exemption
is
granted.

3.
Study
that
provides
the
grounds,
including
cost
factors,
to
determine
that
land
disposal
of
the
effluent
is
not
feasible.

4.
Study
that
provides
the
grounds,
including
cost
factors,
to
determine
that
effluent
reuse
is
not
feasible.

5.
An
estimate
of
the
cost
to
provide
treatment
more
advanced
than
technplogy­
based
that
would
be
necessary
to
comply
with
the
water
quality
standards
and
demonstration
that
these
costs
result
in
subtantial
economic
and
social
impacts.

9.4.4
Environmental
Studies
Required
for
Category
II
Exemptions,
Performed
by
the
Board.
Upon
request
of
the
petitioner,
the
Board
may
perform
environmental
studies
required
for
Category
II
Exemptions
(
C,
D,
G.
1,
G.
2).
When
this
option
is
exercised,
the
petitioner
will
transfer
to
the
Board
the
funds
necessary
to
carry
out
the
studies.

9.4.5
Authorized
Signature
All
temporary
exemption
applications
must
be
signed
by
the
owner
or
a
legal
representative
of
the
interested
party
and
accompanied
with
a
notarized
certification
that
provides
testimony
of
the
truthfulness
of
the
information
submitted.

9.5
Public
Participation
9.5.1
Public
Notice
If
the
Board
makes
a
preliminary
determination
to
grant
the
exemption,
a
public
notice
will
be
published
in
two
newspapers
of
wide
circulation
in
Puerto
Rico.
The
notice
will
request
public
comments
and
will
contain
the
following
information:

A.
Name
and
address
of
the
petitioner.

B.
Location
of
the
treatment
plant.

C.
Description
of
the
treatment
plant.

E.
Location
of
the
discharge
point
and
receiving
water
body.

F.
Parameters
included
in
the
exemption
application.

G.
Place
where
the
exemption
application
and
the
documents
that
support
it
could
be
examined;
schedule
during
which
access
to
the
documents
is
possible.

H.
Indication
that
the
Board
will
hold
Public
Hearings
on
the
exemption
petition
and
the
day,
time
and
place
of
the
Public
Hearings.

I.
Any
other
information
requested
by
the
Board.

9.5.2
Publication
Requirements
The
public
notices
will
be
published
at
least
30
days
prior
to
the
public
hearing.

9.5.3.
Cost
of
the
Public
Notice.

The
petitioner
shall
pay
to
the
Board
the
cost
of
publication
of
the
public
notices
before
publishing
or
assume
the
responsibility
to
publish
the
notices.
In
the
latter
case,
the
notices
shall
comply
with
the
specifications
of
the
Board.

9.6
Criteria
to
Grant
Category
I
Exemptions.
No
Category
I
exemption
will
be
granted
unless
the
following
provisions
are
met:

1.
The
interested
party
shall
demonstrate
to
the
satisfaction
of
the
Board
that
the
largest
quantity
of
pollutants
that
will
contain
the
discharge
permitted
by
the
exemption,
by
itself
or
in
combination
with
the
other
discharges
to
the
receiving
water
body,
will
not
represent
a
significant
risk
to
the
public
health.

2.
The
petitioner
complied
with
the
public
participation
requirements
set
forth
in
Article
9.5.

3.
The
discharge
shall
not
contain
fecal
coliforms
in
excess
of
2,000
colonies/
100
ml.

4.
The
exemption
will
not
cause
irreversible
damage
to
the
environment.

5.
The
petitioner
is
implementing
the
pre­
treatment
program
in
the
affected
plant
or
in
the
area
served
by
the
plant,
and
is
complying
or
requiring
compliance
with
the
applicable
requirements.
In
absence
of
this,
the
petitioner
has
submitted
a
Work
Plan
acceptable
to
the
Board
in
which
the
petitioner
commits
itself
to
the
implementation
of
such
program.

6.
The
acute
toxicity
shall
not
exceed
0.3
TUa
and
the
chronic
1.0
TUc,
as
determined
by
the
"
Guidance
for
Mixing
Zone
and
Bioassays"
published
by
the
Board.

7.
The
petitioner
agrees
to
the
conditions
that
may
be
imposed
by
the
Board.

9.7
Criteria
to
Grant
Category
II
Exemptions
No
Category
II
Exemption
will
be
granted
unless
the
following
conditions
are
met:

1.
Compliance
with
the
condition
indicated
in
section
9.6.1.

2.
The
exemption
shall
not
cause
the
bioaccumulation
of
toxic
substances
and
pesticides
in
the
biological
community
downstream
of
the
discharge.

No
significant
accumulation
of
solids
attributable
to
the
effluent
shall
occur
downstream
from
the
discharge.

4.
The
petitioner
complied
with
the
public
participation
requirements
in
accordance
with
Article
9.5.

5.
The
dissolved
oxygen
level
of
the
receiving
water
body
downstream
from
the
discharge
shall
not
be
lower
than
4
mg/
l
due
to
the
discharge.

6.
The
exemption
shall
not
result
in
a
plant
discharge
that
will.

a.
cause
accumulation
of
objectionable
matter
in
the
stream
bed.

b.
cause
a
public
nuisance,
as
defined
in
ALPR,

c.
produce
undesirable
color
or
odor.

7.
The
petitioner
commits
itself
to
provide
the
BATP
treatment
to
the
wastewater
influent
to
the
plant.

8.
The
petitioner
agrees
to
other
conditions
required
by
Board.
9.8
Duration
of
the
Temporary
Exemption.

The
exemptions
will
be
granted
for
a
period
no
longer
than
five
(
5)
years,
or
the
remaining
period
of
the
NPDES
permit
applicable
to
the
discharge,
whichever
is
less.
To
extend
the
effective
period
of
the
exemption,
the
interested
party
shall
submit
a
new
application
for
a
new
exemption
together
with
the
NPDES
permit
application,
at
least
120
days
before
the
current
exemption
expiration
date.

9.9
Termination
of
the
Temporary
Exemption
The
Board
may
terminate
an
exemption
granted
for
the
following
reasons.

1.
Non­
compliance
with
any
condition
of
the
exemption.

2.
Non­
compliance
with
the
effluent
limitation
in
the
NPDES
permit.

3.
Non­
compliance
with
the
established
or
scheduled
pre­
treatment
program.

4.
The
petitioner
did
not
disclose
or
altered
relevant
facts
in
the
exemption
application,
during
its
processing,
or
in
the
reports
submitted
after
the
exemption
is
approved.

5.
The
discharge,
after
being
granted
the
exemption,
constitutes
a
risk
to
the
public
health
or
has
a
significant
impact
on
the
environment.

6.
The
non­
submittal
of
self­
monitoring
discharge
report.

7.
The
emitting
of
unpleasant
odor
from
the
receiving
water
body
downstream
from
the
discharge,
due
to
the
effluent
of
the
plant.

8.
Fish
kills
or
kills
of
other
organisms
downstream
from
the
discharge,
caused
by
the
effluent
of
the
plant.

9.10
Consequences
of
the
Termination
of
an
Exemption.

If
the
Board
terminates
an
exemption,
will
be
proceed
to
issue
a
new
water
quality
certificate
with
the
necessary
effluent
limits
to
make
secure
that
water
quality
standards
are
achieve
in
the
receiving
water
body.
The
interested
party
must
comply
with
the
water
quality
standards
as
soon
as
possible,
but
in
a
period
not
to
exceed
two
(
2)
years.

9.11
Operation
During
the
Effective
Period
of
the
Exemption.

The
quantity
of
pollutants
in
kg/
day,
or
the
concentration
of
these,
shall
not
be
increased
in
the
treated
water
from
a
treatment
plant
covered
by
an
exemption
under
this
Article,
until
it
complies
with
the
water
quality
standards.
ARTICLE
10
­
WASTE
LOAD
ALLOCATION
10.1
General
A
discharge
to
surface
waters
or
estuarine
waters
will
be
permitted
for
which
a
waste
load
allocation
(
WLA)
analysis
has
not
been
performed
by
the
Board
only
when
(
1)
the
discharge,
undiluted,
complies
with
all
the
water
quality
standards
at
the
discharge
point
in
accordance
with
the
provisions
of
Article
4
of
this
Regulation;
or
(
2)
a
mixing
zone
has
been
defined
and
authorized
by
this
Board
in
accordance
with
Article
5
of
this
Regulation,
or
(
3)
a
Compliance
Plan
has
been
granted
by
this
Board
in
accordance
with
Section
6.10
of
this
Regulation;
or
(
4)
a
temporary
exemption
has
been
granted
by
this
Board
in
accordance
with
Article
9
of
this
Regulation.

10.2
WLA
Applications
Whenever
the
Board
determines
that
allocations
of
a
water
body's
wastes
assimilative
capacity
are
necessary
in
a
segment,
the
Board
shall
request
from
each
point
source
to
complete
and
submit,
within
sixty
(
60)
days
after
receiving
the
Board's
notification,
an
Application
for
a
Waste
Load
Allocation
(
AWLA).
If
any
point
source
needs
more
than
sixty
(
60)
days
to
complete
and
submit
the
AWLA,
the
point
source
shall
submit
a
written
request
for
a
time
extension
to
submit
the
AWLA
at
least
ten
(
10)
days
before
the
due
date
of
submission
of
the
AWLA.
Such
request
shall
include
the
reasons
for
which
the
point
source
is
unable
to
submit
the
AWLA
within
the
period
of
time
specified
in
this
Section.
If
the
point
source
fails
to
submit
the
AWLA
in
accordance
with
the
requirements
specified
in
this
Section,
that
point
source
shall
comply
with
all
applicable
water
quality
standards
at
the
point
of
discharge.

Each
application
shall
be
made
using
the
EQB
Form
WLA­
01.

Each
point
source
shall
include
together
with
the
AWLA
the
following:

(
1)
Evidence
that
the
project
has
complied
with
the
provisions
of
Article
4­
C,
Law
No.
9
of
June
18,

1970,
Environmental
Public
Policy
Act,
as
amended,
if
the
application
is
related
to
a
new
or
modified
discharge.

(
2)
Diagram
showing
the
existing
and
future
discharges.

10.3
Conditions
for
Waste
Load
Allocations
(
A)
Need
for
Allocation
Whenever
a
segment
of
a
water
body
is
not
meeting
or
may
not
meet
the
water
quality
standards
after
the
implementation
of
technology­
based
effluent
limitations,
the
Board
shall
determine
the
total
maximum
daily
load
(
TMDL)
and
shall
allocated
the
waste
assimilative
capacity
of
the
receiving
waters
among
particular
discharges
in
accordance
with
the
Waste
Load
Allocation
Guidelines
(
WLAG)
and
the
procedure
prescribed
in
this
Regulation.
The
control
requirements
in
such
cases
will
be
determined
based
on
the
waste
load
allocation
process
(
WLA­
based
effluent
limitations).

(
B)
Minimum
Treatment
Required
No
allocation
shall
be
performed
to
any
point
source
that
does
not
meet
the
requirements
of
Section
301(
b)
of
the
Clean
Water
Act.

(
C)
Not
a
property
right
Allocations
will
not
be
transferable
and
do
not
convey
any
property
rights
of
any
sort
or
any
exclusive
privileges,
nor
do
they
authorize
any
injury
to
persons
or
property
or
invasion
of
other
private
rights,
or
any
infringement
of
Federal
or
State
laws
or
regulations.

(
D)
pH
No
allocation
shall
be
performed
to
any
point
source
that
does
not
meet
the
applicable
pH
water
quality
standard
at
the
point
of
discharge.

(
E)
Design
Flows
(
1)
Receiving
Water
bodies
Design
Flow
For
the
purpose
of
determining
the
waste
assimilative
capacity
of
a
water
body
the
following
design
minimum
flows
will
be
used:

a.
For
a
free
flowing
stream,
the
low
flow
of
seven
(
7)
day
in
two
(
2)
year(
7Q2).

b.
Where
the
quantity
of
flow
is
altered
by
human­
induced
activities
or
work,
and
such
alteration
results
in
flow
variations
significantly
different
from
natural
patterns
of
variations,
the
Board
may
establish
a
design
flow
in
a
case
by
case
basis,
to
reflect
the
effects
of
such
flow
variations.

c.
In
the
cases
of
lakes,
reservoirs
and
estuarine
waters,
the
Board
will
determine
the
characteristics
upon
which
to
establish
waste
load
requirements
with
respect
to
the
particular
characteristics
of
the
receiving
water
body.

(
2)
Discharges
Design
Flow
The
discharge
design
flow
shall
be
the
wastewater
treatment
plant's
design
flow
or
the
24
hours
maximum
discharge
flow
whichever
is
greater.
In
those
cases
where
the
treatment
plant
capacity
is
significantly
larger
than
the
maximum
flow
of
the
discharge
in
twenty­
four
(
24)
hours,
the
Board,
upon
request
of
the
interested
party,
may
perform
the
WLA
using
the
maximum
flow
in
twenty­
four
(
24)
hours,
when
demonstrated
to
the
satisfaction
of
the
Board
that
such
flow
is
adequate.
In
those
cases,
the
interested
party
should
submit
a
petition
to
the
Board
requesting
that
the
WLA
be
performed
with
the
maximum
flow
of
the
discharge
in
twenty­
four
(
24)
hours.
If
the
petition
is
approved
by
this
Board,
the
WLA
will
be
performed
in
accordance
with
said
petition
and
taking
into
consideration
the
increase
in
flow
during
the
effective
period
of
the
WLA.

(
F)
Total
Maximum
Daily
Load
The
total
maximum
daily
load
(
TMDL)
is
the
total
allowable
pollutant
load
(
i.
e.
the
sum
of
the
individual
point
sources,
the
individual
existing
or
future
nonpoint
sources,
the
natural
background
sources
and
the
reserve)
to
a
receiving
water
body
such
that
any
additional
loading
will
produce
a
violation
of
the
water
quality
standards.

(
G)
Sum
of
the
Load
Allocation
The
sum
of
the
load
allocation
(
LA)
is
equal
to
the
natural
background
sources
of
pollution
plus
the
sum
of
the
individual
nonpoint
sources.

(
H)
Maximum
Daily
Load
Allowable
The
maximum
daily
load
allowable
(
MDLA)
is
the
maximum
load
that
can
be
allocated
among
the
point
sources
without
causing
a
violation
to
the
water
quality
standard.

The
MDLA
of
a
substance
x
is
equal
to
the
TMDL
of
the
substance
x
minus
the
sum
of
the
load
allocation
of
the
substance
x.

(
I)
Reserves
In
each
segment,
as
part
of
the
initial
allocation,
a
reserve
of
25%
the
MDLA
of
each
pollutant
shall
be
set
by
the
Board,
except
when
it
is
demonstrated
to
the
satisfaction
of
theBoard
that
existing
conditions
merit
a
reserve
of
less
than
25%.
In
such
cases,
a
written
request
shall
be
submitted
to
the
Board
by
the
interested
party,
indicating
the
reasons
for
which
a
reserve
less
than
25%
is
necessary.
If
the
request
is
approved
by
Board,
the
WLA
shall
be
performed
in
accordance
with
such
request.

The
reserve
in
each
segment
shall
be
utilized
to
allow
for
economic
development
and
population
growth
which
may
occur
subsequent
to
the
initial
allocation,
or
any
reallocation,

when
approved
by
the
Board.
The
priority
to
utilize
the
reserve
shall
be
directed
towards
the
governmental
infrastructure
necessary
to
allow
for
said
economic
development
and
population
growth.
(
b)
Particular
allocations
or
portions
of
allocations
which
are
no
longer
needed
or
used
by
the
source
or
facility
to
which
they
were
assigned
shall
be
revert
to
the
reserve.

10.4
Determination
of
the
substances
for
which
the
WLA
shall
be
performed.

Whenever
the
Board
determines
that
allocation
of
a
water
body's
assimilative
capacity
is
necessary
in
a
segment,
the
Board
shall
perform
the
WLA
for
substances
that
may
deplete
the
level
of
dissolved
oxygen
and
for
each
substance
that
does
not
meet
the
applicable
water
quality
standard
at
the
discharge
point
after
technology­
based
requirements
are
met.
In
addition,
WLAs
may
be
performed
for
other
substances
that
have
the
potential
to
cause
violations
of
any
applicable
water
quality
standard
in
the
receiving
water
body.

10.5
Dissolved
Oxygen
(
DO)
WLA
The
DO
in
water
bodies
is
affected
by
the
BOD
and
the
NH3.
Therefore
the
Board
will
perform
WLA
analysis
in
accordance
with
Chapter
6,
Section
II
of
the
Waste
Load
Allocation
Guidelines.

10.6
Allocations
The
Board
shall
allocate
the
allowable
loads
among
the
different
point
sources
in
such
a
manner
that
compliance
with
all
applicable
water
quality
standards
is
achieved.
The
allowable
loads
shall
be
allocated
among
the
different
point
sources
as
follows:

(
1)
The
Board
shall
identify
all
the
point
sources
for
which
the
WLA
shall
be
performed.

(
2)
The
Board
shall
request
from
each
point
source
for
which
a
WLA
shall
be
assigned
to
complete
an
Application
for
Waste
Load
Allocation
(
AWLA)
within
sixty
(
60)
days
after
receiving
EQB's
notification.

(
3)
If
any
point
source
fails
to
submit
the
AWLA
in
the
specified
time
period
and
fails
to
submit
a
request
of
time
extension
to
submit
the
AWLA,
such
point
source
shall
comply
with
all
applicable
water
quality
standards
at
the
discharge
point.

(
4)
The
Board,
using
the
information
provided
in
the
AWLA
and
any
other
data
obtained
from
EPA/
EQB
data
based
or
other
sources
and
assuming
that
all
the
substances,
except
the
ones
that
may
deplete
the
dissolved
oxygen,
are
conservative,
shall
determine:

a.
the
substances
for
which
the
WLA
shall
be
performed.

b.
the
TMDL,
LA,
MDLA,
R,
WLA
and
EAC
for
each
substances
for
which
the
WLA
shall
be
performed.

(
5)
If
for
any
substance
the
background
concentration
is
greater
than
the
applicable
water
quality
standards,
then
the
maximum
allowable
effluent
concentration
(
MAEC)
shall
be
equal
to
the
water
quality
standard
for
all
discharges.

(
6)
If
for
any
substances
the
EAC
is
less
than
the
applicable
water
quality
standard,
then
the
MAEC
shall
be
equal
to
the
water
quality
standard
for
each
discharge,
except
for
dissolved
oxygen
for
which
the
Board
shall
perform
the
WLA
as
specified
on
Section
10.5
of
this
Article.

(
7)
If
for
a
given
discharge,
the
EAC
is
greater
than
the
maximum
requested
discharge
concentration
(
MRDC),
the
MAEC
for
that
given
discharge
shall
be
equal
to
MRDC.

(
8)
If
for
all
discharges
the
EAC
of
a
given
substance
is
less
than
the
MRDC,
then
the
MAEC
of
that
given
substance
shall
be
equal
to
the
EAC.

(
9)
If
for
one
or
more
discharges
the
MRDC
of
a
given
substance
is
less
than
the
EAC
of
that
substance,
and
one
or
more
discharges
have
the
MRDC
of
such
substance
greater
than
the
EAC,

the
EAC
may
be
recalculated
as
follows:

0.75
(
WQSx
QT
­
CBGx
7Q2)
­
(
CLTEx
QLTE)
EACrx=
_____________________________________________
QUAps
where:
EACrx
=
the
recalculated
equitable
allowable
concentration
of
a
substance
x
for
the
discharges
with
MRDC
greater
than
the
EAC
of
the
substance
x.

WQSx
=
water
quality
standard
of
substance
x.

QT
=
total
flow
of
all
discharges.

CBGx
=
background
concentration
of
substance
x.

CLTEx
=
concentration
of
a
substance
x
less
than
the
EAC.
QLTEx
=
flows
of
discharges
with
concentration
of
the
substance
x
less
that
EAC.

QUAps
=
sum
of
the
flows
of
unallocated
point
sources
discharges.

(
10)
If
after
the
Board
performed
the
WLA,
one
or
more
existing
point
sources
are
not
meeting
the
WLA­
based
effluent
limitations,
a
compliance
plan
shall
be
submitted,
for
EQB
approval,
by
such
point
sources
indicating
the
way
in
which
those
point
sources
will
attain
compliance
with
the
applicable
WQS.

10.7
Reallocations
All
allocations
are
subject
to
review
by
the
Board
and,
after
such
review,
the
Board
may
perform
reallocations
as
it
deems
necessary.

The
Board
will
review
allocations:

1.
If
any
factor
or
condition
upon
which
a
particular
allocation
is
based
changes
significantly;

2.
When
a
segment
of
a
waterbody
is
not
meeting
the
water
quality
standards
after
the
Board
performed
a
WLA;

3.
When,
in
the
judgment
of
the
Board,
the
existing
allocations
are
no
longer
equitable.
In
making
a
reallocation,
the
Board
shall
utilize
the
same
procedure
for
allocations
in
accordance
with
WLAG
and
Section
10.6
of
this
Article.

10.8
Effectiveness
Allocations
shall
go
into
effect
after
being
incorporated
into
a
discharge
permit.

10.9
Validity
An
allocation
shall
be
valid
until
the
discharge
permit
expires;
except
when
the
same
is
revoked
by
the
Board
or
a
reallocation
is
performed
by
the
Board.

10.10
Revocation
The
Board
may
revoke
an
allocation
for
the
following
reasons:

1.
The
petitioner's
failure
to
fully
disclose
all
relevant
facts
in
the
application
or
renewal,
or
the
petitioner's
misrepresentation
of
any
relevant
facts
during
the
WLA
evaluation
or
validation
process.

2.
Non­
compliance
with
any
applicable
provision
of
this
Regulation.

3.
Changes
in
the
conditions
under
which
the
WLA
was
performed,
including,
but
not
limited
to,

background
concentration,
discharge
flow,
receiving
water
body
flow
and
effluent
characteristics,
as
originally
approved
by
the
Board.

4.
There
is
an
imminent
threat
to
human
health
or
the
environment.

10.11
Procedures
for
Revoking
Allocations
If
there
are
reasons
to
revoke
an
allocation,
the
Board
shall
notify
the
person
to
whom
the
waste
load
allocation
was
granted
indicating
the
intention
of
revoking
the
allocation
by
means
of
a
Show
Cause
Order.

The
procedures
to
follow
are
those
specified
in
the
Board's
Internal
Regulations
for
Administrative
Hearings.
Notwithstanding
the
foregoing,
the
Board
may
immediately
revoke
an
allocated
load
without
previous
notice,
or
the
opportunity
of
hearings
if
there
is
an
imminent
threat
to
human
health
or
the
environment.

10.12
Cost
incurred
by
the
Board
Performing
WLA
The
point
sources
shall
pay
to
the
Board
any
cost
incurred
by
the
Board
in
the
performance
of
any
WLA.

*
*
*
­
*
*
*
Attachment
Plan
for
the
Development
of
the
Anti­
Degradation
Policy
Attachment
Plan
for
the
Development
of
Antidegradation
Implementation
Procedures
in
Puerto
Rico
(
March
2003)

I.
Overall:
EQB,
with
assistance
from
EPA,
will
work
to
develop
a
guidance
document
which
identifies
Puerto
Rico=
s
enhanced
antidegradation
implementation
procedures.
This
guidance
document
will
not
be
not
part
of
the
2002
revisions
to
the
PRWQS
and
is,
therefore,
not
tied
to
the
current
rulemaking
schedule.
In
its
FY­
03
Consolidated
Water
Workplan,
EQB
has
committed
to
completing
these
implementation
procedures
by
June
30,
2003.
EQB
will
form
a
workgroup
of
2
to
3
key
staff
members
to
work
on
the
development
of
this
document.
Work
will
begin
once
the
current
rulemaking
has
been
completed.
Completion
of
this
document
will
address
two
concerns
raised
by
the
plaintiffs
in
full.

In
summary,
agreement
has
been
reached
between
EQB
and
EPA
staff
to
use
EQB=
s
current
framework
of
working
with
EPA
Region
2
in
the
point
and
non
point
sources
control
process
for
the
development
of
the
anti
­
degradation
policy
implementation
II.
Background:
The
point
and
non
point
sources
issues
are
two
key
elements
for
the
anti
­
degradation
implementation
process,
and
they
are
outlined
in
the
Puerto
Rico
Continuing
Planning
Process
(
CPP),
along
with
the
public
participation
requirements
and
the
requirements
for
intergovernmental
cooperation.
In
the
point
source
point
of
view,
many
of
the
procedural
and
technical
elements
for
the
development
and
issue
of
the
water
quality
certificates
(
WQC),
and
the
evaluation
of
available
assimilative
capacity
are
included
in
the
PRWQSR.
This
process
currently
involves
the
following
steps.

1.
The
evaluation
of
the
permit
application
to
determine
if
the
effluent
limits
are
adequate
to
meet
the
WQS,
and
issuance
of
draft
WQCs
ensuring
that
the
discharge
meet
the
WQS.
When
requesting
a
WQC
the
petitioner
must
submit,
as
part
of
the
application,
a
characterization
of
the
effluent
and
the
limits
requested
be
applicable
to
the
effluent.
The
petitioner
must
demonstrate
to
the
satisfaction
and
requirement
of
the
Board
that
the
limits
requested
shall
not
cause
a
exceedance
of
the
water
quality
standards
in
the
water
body.
In
no
case
shall
it
be
allowed
that
any
discharge
will
cause
a
violation
of
the
water
quality
standard
in
the
receiving
water
body
(
coastal,
surface,
estuarine
and
ground
waters),
if
the
average
calculated
from
the
flow
proportional
composite
samples
taken
in
a
24
hour
period
exceed
the
maximum
limit
allowed
for
that
specific
parameter
as
established
in
Article
3
of
the
WQSR.

2.
The
public
noticing
of
these
draft
WQC
and
requesting
public
comment.
EQB
publishes
a
public
notice
in
the
newspaper
of
widest
circulation
in
Puerto
Rico
informing
its
intention
to
grant
or
deny
any
WQC
requested.
EQB
notifies
the
petitioner
of
the
permit
15
days
prior
to
the
publishing
date
of
the
public
notice,
of
the
requirement
to
pay
for
the
publication
of
said
notice
in
order
to
allow
the
petitioner
time
to
pay
for
the
publication.
The
notice
describes
the
location
of
the
discharge
or
activity
and
includes:
water
body
classification,
name
and
address
of
the
applicant,
statement
that
a
public
hearing
can
be
requested;
preliminary
determinations,
statement
that
the
draft
WQC
and
draft
NPDES
permit
are
available
for
public
scrutiny,
and
a
statement
that
comments
can
be
sent
within
45
days
of
the
notice.
The
final
WQC
is
not
issued
until
all
comments
are
addressed.

3.
EQB
denies
all
certifications
where
the
applicant
fault
to
demonstrate
that
the
discharge
meet
the
WQS.

EQB
follows
the
intergovernmental
cooperation
relationships
outlined
in
the
CPP.

The
Proposed
Approach:
Under
the
proposed
approach,
the
above
four
steps
would
be
used
in
much
the
same
way
as
they
are
used
now
for
issuing
WQCs
which
are
necessary
to
comply
with
numeric
WQS.
However,
instead
of
using
compliance
with
numeric
WQS
as
the
end
point,
these
four
steps
would
be
customized
to
address
a
scenario
where
an
applicant,
which
was
discharging
into
a
Ahigh
quality
water,@
requested
additional
loading,
which
would
result
in
the
lowering
of
water
quality
in
the
receiving
water.


The
information
and
demonstration
requested
by
EQB
under
Step
1
above,
would
be
tailored
to
enable
EQB
to
make
a
determination
regarding
the
need
to
lower
water
quality
in
a
high
quality
water.


As
in
step
2,
the
public
would
have
the
opportunity
to
provide
comment
on
the
potential
lowering
of
water
quality.


As
in
step
3,
if
EQB
determining
that
the
lowering
of
water
quality
was
not
justify,
it
would
deny
the
certification.


As
in
step
4,
the
Intergovernmental
cooperation
relationships
would
be
followed.

While
the
above
approach
may
serve
as
the
frame
work
for
developing
the
enhanced
implementation
procedures,
the
details
need
to
be
discussed
over
the
next
several
months,
as
described
below.

IV.
Elements
of
the
Implementation
Procedures
which
Must
be
Addressed:

There
are
several
elements
of
the
enhanced
implementation
procedures
which
need
to
be
defined
and
further
clarified.
These
include:

1.
How
EQB
will
define
high
quality
waters
(
e.
g.,
parameter­
by­
parameter,
designation,
combination);

2.
What
activities
EQB
will
review
for
each
element
of
the
policy
(
e.
g.,
requests
for
a
new
discharge,
request
for
an
increase
in
loadings
for
an
existing
NPDES
permit,
storm
water
general
permits
when
issued,
discharges
requesting
coverage
under
a
general
permit,
404
permits,
non
point
source
activities).

3.
How
EQB
defines
a
lowering
of
water
quality
that
would
not
require
further
review
(
i.
e.,
based
on
a
percentage
increase
in
loadings,
a
percentage
reduction
in
assimilative
capacity,
or
other);
and,
4.
The
information
that
the
applicant
required
to
provide,
which
EQB
will
use
in
making
its
determination
on
a
particular
request
(
i.
e.,
the
thresholds
for
the
social
and
economic
significance
determinations).

5.
How
EQB
will
considerate
the
TMDL=
s
implementation
for
point
and
non
point
sources
based
in
a
Watershed
approach
in
the
anti­
degradation
implementation.
