North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-16 - Control, Prevention, and Abatement of Pollution of Surface Water › Chapter 33-16-01 - North Dakota Pollutant Discharge Elimination System › Section 33-16-01-14 - Effluent limitations in issued national pollutant discharge elimination system permits

Current through Supplement No. 393, July, 2024
1. Any permit
				issued by the department shall specify average and maximum daily quantitative
				limitations for the level of pollutants in the authorized discharge in terms of
				weight or some other appropriate measure such as pH, temperature, or radiation.
				When it is at all appropriate the requirement is that the discharge must be
				expressed in terms of weight. The department may also impose additional
				quantitative limitations in terms of average or maximum concentration levels.
2. When applicable, permit
				conditions in national pollutant discharge elimination system permits shall be
				calculated in compliance with the requirements of 40 Code of Federal
				Regulations, part 122.45, [ 40 CFR 122.45 ], which is
				incorporated into this chapter by reference.
3. The effluent quality for municipal wastes
				shall be that required by the department and shall be based on the following:
a. Municipal wastes shall receive a minimum
				of secondary treatment or equivalent in compliance with 40 Code of Federal
				Regulations, part 133, [ 40 CFR 133 ], which is incorporated by reference in
				section 33-16-01-30.
b. Wastes shall be effectively disinfected
				before discharge into state waters if such discharges cause violation of the
				bacteria criteria as set forth in the standards of water quality for the state
				of North Dakota, 33-16-02.1. The effluent shall meet the water quality criteria
				for bacteria except as provided in subdivision c.
c. The effluent limitations specified under
				secondary treatment and bacteria criteria may be adjusted to reflect
				site-specific considerations as provided in the following:
(1) A five-day biochemical oxygen limit of
				twenty-five milligrams per liter (consecutive thirty-day average) may be
				applied in instances in which limits expressed in terms of secondary treatment
				standards would be impractical or deemed inappropriate to protect receiving
				waters.
(2) In certain instances,
				external circumstances or specific uses of the receiving waters make either
				attainment or application of the suspended solids or bacteria limitations an
				ineffective means of controlling water quality. For this reason, the department
				reserves the right to evaluate the application of these limitations on a
				case-by-case basis.
(3) The pH of
				natural ground waters and surface waters in some parts of the state (presently
				used for water supplies with or without treatment) are basic, and the
				stabilization process of wastewater treatment in lagoon systems can result in
				more alkaline (increased pH) water. Discharges from waste treatment facilities
				may exceed the upper pH limit of 9.0 provided in the secondary treatment
				standard due to these uncontrollable properties. Approval to discharge may be
				granted, providing the pH of the receiving water is not violated.
d. The department may require
				treatment in addition to that listed in this section if such waste discharges,
				made during low streamflows, cause violations of stream water quality standards
				or have a detrimental effect on the beneficial uses of the receiving waters.