reglab/statecodes huggingface dataset:
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-16 - Control, Prevention, and Abatement of Pollution of Surface Water › Chapter 33.1-16-01 - North Dakota Pollutant Discharge Elimination System › Section 33.1-16-01-16 - Other terms and conditions of issued national pollutant discharge elimination system permits

Current through Supplement No. 393, July, 2024
1. All discharges
				authorized by the national pollutant discharge elimination system permit shall
				be consistent with the terms and conditions of the permit; that facility
				expansions, production increases, or process modifications which result in new
				or increased discharge of pollutants must be reported by submission of a new
				national pollutant discharge elimination system application or, if such
				discharge does not violate effluent limitations specified in the national
				pollutant discharge elimination system permit, by submission to the department
				of notice of such new or increased discharges of pollutants; that the
				discharges of any pollutant more frequently than or at a level in excess of
				that identified and authorized by the permit shall constitute a violation of
				the terms and conditions of the permit.
2. A permit may be transferred by the
				permittee to a new owner or operator in either of the following ways:
a. The current permittee may request that the
				department modify or revoke and reissue the permit to identify the new
				permittee, and incorporate any other requirements as may be necessary under the
				Federal Water Pollution Control Act; or
b. The current permittee may notify the
				department in writing at least thirty days in advance of the proposed transfer
				date. The notice shall include a written agreement between the current and new
				permittees containing a specific date of transfer of permit responsibility,
				coverage, and liability between them. Unless the department notifies the
				current permittee that the permit will be transferred by modification or
				revocation and reissuance, the transfer will be effective on the date specified
				in the agreement.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-16 - Control, Prevention, and Abatement of Pollution of Surface Water › Chapter 33.1-16-01 - North Dakota Pollutant Discharge Elimination System › Section 33.1-16-01-17 - Transmission to regional administrator of proposed national pollutant discharge elimination system permits

Current through Supplement No. 393, July, 2024
The department shall ensure that the regional administrator
				  is provided with copies of all national pollutant discharge elimination system
				  permits that are proposed to be issued by the department. Such procedures shall
				  provide for at least the following:
1.
				Except as waived pursuant to subsection 4, the transmission by the department
				of any and all terms, conditions, requirements, or documents which are a part
				of the proposed permit or which affect the authorization by the proposed permit
				of the discharge of pollutants.
2.
				A period of time (up to ninety days) in which the regional administrator,
				pursuant to any right to object provided in section 402(d)(2) of the Federal
				Water Pollution Control Act, may comment upon, object to, or make
				recommendations with respect to the proposed permit.
3. Procedures for the department's acceptance
				or rejection of a written objection by the regional administrator.
4. Any written waiver by the regional
				administrator of the regional administrator's rights to receive, review, object
				to, or comment upon proposed national pollutant discharge elimination system
				permits for classes, types, or sizes within any category of point
				sources.
General Authority:
NDCC 61-28-04; S.L.2017,
					 ch.199, § 1
Law Implemented:
NDCC
					 61-28-04
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-16 - Control, Prevention, and Abatement of Pollution of Surface Water › Chapter 33.1-16-01 - North Dakota Pollutant Discharge Elimination System › Section 33.1-16-01-18 - Transmission to regional administrator of issued national pollutant discharge elimination system permits

Current through Supplement No. 393, July, 2024
A copy of every national pollutant discharge elimination
				  system permit issued by the department will be sent to the regional
				  administrator immediately following issuance along with any and all terms,
				  conditions, requirements, or documents which are a part of such permit or which
				  affect the authorization by the permit of the discharge of
				  pollutants.
General Authority:
NDCC 61-28-04; S.L.2017,
					 ch.199, § 1
Law Implemented:
NDCC
					 61-28-04
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-16 - Control, Prevention, and Abatement of Pollution of Surface Water › Chapter 33.1-16-01 - North Dakota Pollutant Discharge Elimination System › Section 33.1-16-01-19 - Duration and review of national pollutant discharge elimination system permits

Current through Supplement No. 393, July, 2024
Duration of permits, 40 CFR part 122.46, is incorporated into
				  this chapter by reference.
1. Every
				permit issued by the department shall have a fixed term not to exceed five
				years. When the permittee has complied with section
				33.1-16-01-20, but the
				department, through no fault of the permittee, fails to issue a new permit
				prior to the expiration of the previous permit, the department may extend the
				expired permit until the permit is reissued. Permits extended under this
				section remain fully effective and enforceable.
2. The department may issue any permit for a
				duration that is less than five years.
General Authority:
NDCC 61-28-04; S.L.2017,
					 ch.199, § 1
Law Implemented:
NDCC
					 61-28-04
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-16 - Control, Prevention, and Abatement of Pollution of Surface Water › Chapter 33.1-16-01 - North Dakota Pollutant Discharge Elimination System › Section 33.1-16-01-20 - Reissuance of national pollutant discharge elimination system permits

Current through Supplement No. 393, July, 2024
1. Any permittee
				who wishes to continue to discharge after the expiration date of the
				permittee's permit must file for reissuance of the permittee's permit at least
				one hundred eighty days prior to its expiration.
2. The request for reissuance of a permit
				shall be in letter form and contain, as a minimum, the following:
a. The permit number and date of
				issue.
b. Any past, present, or
				future changes in the effluent quantity or quality not reflected in the present
				permit conditions.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-16 - Control, Prevention, and Abatement of Pollution of Surface Water › Chapter 33.1-16-01 - North Dakota Pollutant Discharge Elimination System › Section 33.1-16-01-21 - Monitoring, recording, and reporting

Current through Supplement No. 393, July, 2024
1. Any discharge
				authorized by a national pollutant discharge elimination system permit may be
				subject to such monitoring requirements as may be reasonably required by the
				department pursuant to its authority under subsection 10 of North Dakota
				Century Code section 61-28-04.
2.
				Any discharge authorized by a national pollutant discharge elimination system
				permit which (a) is not a minor discharge, and (b) the regional administrator
				requests, in writing, be monitored, or (c) contains toxic pollutants for which
				an effluent standard has been established by the administrator pursuant to
				section 307(a) of the Act shall be monitored by the permittee for at least the
				following:
a. Flow (in gallons per
				day).
b. All of the following
				pollutants:
(1) Pollutants (either directly
				or indirectly through the use of accepted correlation coefficients or
				equivalent measurements) which are subject to reduction or elimination under
				the terms and conditions of the permit.
(2) Pollutants which the director finds, on
				the basis of information available to the director, could have a significant
				impact on the quality of navigable waters.
(3) Pollutants specified by the
				administrator, in regulations issued pursuant to the Federal Water Pollution
				Control Act as subject to monitoring.
(4) Any pollutants in addition to the above
				which the regional administrator requests, in writing, be monitored.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-16 - Control, Prevention, and Abatement of Pollution of Surface Water › Chapter 33.1-16-01 - North Dakota Pollutant Discharge Elimination System › Section 33.1-16-01-22 - Recording of monitoring activities and results

Current through Supplement No. 393, July, 2024
1. The results of
				any monitoring activity required pursuant to section
				33.1-16-01-21 and subsection 10
				of North Dakota Century Code section 61-28-04 shall be recorded and maintained
				for a period of not less than three years. This period of retention shall be
				extended during the course of any unresolved litigation regarding the discharge
				of pollutants by the permittee or when requested by the department or the
				regional administrator.
2. Any
				records of monitoring activities and results shall include for all samples:
a. The date, exact place, and time of
				sampling.
b. The date analyses were
				performed.
c. Who performed the
				analyses.
d. The analytical
				techniques or methods utilized.
e.
				The results of such analysis.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-16 - Control, Prevention, and Abatement of Pollution of Surface Water › Chapter 33.1-16-01 - North Dakota Pollutant Discharge Elimination System › Section 33.1-16-01-23 - Reporting of monitoring results

Current through Supplement No. 393, July, 2024
Monitoring results obtained by a permittee shall be reported
				  to the department in accordance with a reporting schedule prescribed by the
				  department in the national pollutant discharge elimination system permit. In no
				  case shall the required frequency of reporting be less than on an annual basis.
				  Reports shall be submitted on the proper national pollutant discharge
				  elimination system reporting form which will be supplied to the permittee by
				  the department.
General Authority:
NDCC 61-28-04; S.L.2017,
					 ch.199, § 1
Law Implemented:
NDCC
					 61-28-04
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-16 - Control, Prevention, and Abatement of Pollution of Surface Water › Chapter 33.1-16-01 - North Dakota Pollutant Discharge Elimination System › Section 33.1-16-01-24 - Enforcement

Current through Supplement No. 393, July, 2024
The department shall evaluate all reports, notifications, and
				  data submitted by a permittee in compliance with this chapter and shall
				  investigate and follow up all apparent violations for possible enforcement
				  action pursuant to North Dakota Century Code section 61-28-08. All such
				  information received by the department, if forwarded to the regional
				  administrator pursuant to the requirements of this chapter, shall constitute
				  information available to the administrator for purposes of section 309 of the
				  Federal Water Pollution Control Act.
General Authority:
NDCC 61-28-04; S.L.2017,
					 ch.199, § 1
Law Implemented:
NDCC
					 61-28-04
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-16 - Control, Prevention, and Abatement of Pollution of Surface Water › Chapter 33.1-16-01 - North Dakota Pollutant Discharge Elimination System › Section 33.1-16-01-25 - Modification, suspension, and revocation of national pollutant discharge elimination system permits

Current through Supplement No. 393, July, 2024
1. The department
				may modify, suspend, or revoke any national pollutant discharge elimination
				system permit in whole or in part during its term for cause including the
				causes listed in subsection 2 of section
				33.1-16-01-16, or for failure or
				refusal of the permittee to carry out the requirements of subsection 3 of
				section 33.1-16-01-16.
2. Causes for modification,
				40
				CFR 122.62(a), is
				incorporated into this chapter by reference.
3. Any such modification, suspension, or
				revocation by the department shall be governed by the procedures outlined in
				North Dakota Century Code section 61-28-07, and the following procedures:
a. Permit actions may be undertaken at the
				request of any interested person or upon the department's initiative. Permits
				may be modified, suspended, or revoked and reissued only for the reasons
				specified in subsections 1, 2, and 4.
b. If the department tentatively decides to
				modify or revoke and reissue a permit, a draft permit incorporating the
				proposed changes shall be prepared pursuant to section
				33.1-16-01-06. The department
				may request additional information from the permittee. If the permit is to be
				modified, the department may require the submission of an updated application.
				If the permit is to be revoked and reissued, the permittee shall submit a new
				application.
c. In a permit
				modification, only those conditions to be modified shall be reopened when the
				draft permit is prepared. All other aspects of the existing permit shall remain
				in effect for the duration of the unmodified permit. When a permit is revoked
				and reissued, the entire permit is reopened, but the permittee shall comply
				with all conditions of the existing permit until a new final permit is
				issued.
d. If the department
				tentatively decides to suspend a permit under subsection 3 of section
				33.1-16-01-16, a notice of
				intent to terminate, a type of draft permit, shall be issued. The notice of
				intent to terminate shall be prepared pursuant to section
				33.1-16-01-06.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-16 - Control, Prevention, and Abatement of Pollution of Surface Water › Chapter 33.1-16-01 - North Dakota Pollutant Discharge Elimination System › Section 33.1-16-01-26 - Disposal of pollutants into wells, into publicly owned treatment works, or by land application

Current through Supplement No. 393, July, 2024
1. Disposal of
				pollutants into wells that affect the waters of the state is prohibited, except
				as provided under an underground injection control authorization pursuant to
				chapter 33.1-25-01, or as provided in applicable regulations of the state
				industrial commission. Any permit issued for the disposal of pollutants into
				wells shall be issued in accordance with the procedures and requirements
				specified in the applicable regulations.
2. When part of a discharger's process
				wastewater is not subject to a national pollutant discharge elimination system
				permit because it is being disposed into a well, into a publicly owned
				treatment works, or by land application, applicable effluent standards and
				limitations shall be adjusted to reflect the reduced waste load. Permit
				effluent standards and limitations shall be calculated by one of the following
				methods:
a. If none of the waste from a
				particular process is discharged into waters of the state, and effluent
				limitations guidelines provide separate allocation for wastes from that
				process, all allocations from that process shall be eliminated from the permit
				limit calculations.
b. In all other
				cases, effluent limitations shall be adjusted proportionally to the amount of
				wastewater to be diverted from discharge into waters of the state. Effluent
				limitations and standards may be further adjusted under subsection 4 of section
				33.1-13-01-32 if the character or treatability of the pollutants is changed by
				the alternative disposal method.
c.
				Subdivisions a and b do not apply to the extent that promulgated effluent
				limitations guidelines control concentrations of pollutants but not mass or
				specify a different specific technique for adjusting effluent limitations to
				account for well injection, land application, or disposal into publicly owned
				treatment works.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-16 - Control, Prevention, and Abatement of Pollution of Surface Water › Chapter 33.1-16-01 - North Dakota Pollutant Discharge Elimination System › Section 33.1-16-01-26.1 - General permits

Current through Supplement No. 393, July, 2024
1.
Coverage.
The department may issue a general permit in accordance
				with the following:
a. Area. The general
				permit will be written to cover a category of discharges described in the
				permit under subdivision b, except those covered by individual permits, within
				a designated area. The area will correspond to existing geographic or political
				boundaries or any other appropriate division or combination of
				boundaries.
b. Sources. The general
				permit may be written to regulate, within the designated area as described in
				subdivision a, categories of point sources if the sources all:
(1) Involve the same or substantially similar
				types of operations;
(2) Discharge
				the same types of wastes;
(3)
				Require the same effluent limitations or operating conditions;
(4) Require the same or similar monitoring;
				and
(5) In the opinion of the
				department, are more appropriately controlled under a general permit than under
				individual permits.
c.
				Storm water. The general permit may be written to regulate storm water point
				sources within the designated area as described in subdivision a.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-16 - Control, Prevention, and Abatement of Pollution of Surface Water › Chapter 33.1-16-01 - North Dakota Pollutant Discharge Elimination System › Section 33.1-16-01-27 - Other requirements - Conflicts of interest

Current through Supplement No. 393, July, 2024
Conflicts of interest shall comply with 40 CFR part
				  123.25(c), which is incorporated into this chapter by
				  reference.
General Authority:
NDCC 61-28-04; S.L.2017,
					 ch.199, § 1
Law Implemented:
NDCC
					 61-28-04
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-16 - Control, Prevention, and Abatement of Pollution of Surface Water › Chapter 33.1-16-01 - North Dakota Pollutant Discharge Elimination System › Section 33.1-16-01-28 - Appeal

Current through Supplement No. 393, July, 2024
Any person who has received notice of the final determination
				  of the department to deny, suspend, or revoke the applicant's or permittee's
				  national pollutant discharge elimination system application or permit shall
				  have a right to petition the department for relief pursuant to North Dakota
				  Century Code section 61-28-07.
General Authority:
NDCC 61-28-04; S.L.2017,
					 ch.199, § 1
Law Implemented:
NDCC
					 61-28-04
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-16 - Control, Prevention, and Abatement of Pollution of Surface Water › Chapter 33.1-16-01 - North Dakota Pollutant Discharge Elimination System › Section 33.1-16-01-29 - Toxic pollutant effluent standards

Current through Supplement No. 393, July, 2024
40 CFR 129 is incorporated into this chapter by
				  reference.
General Authority:
NDCC 61-28-04; S.L.2017,
					 ch.199, § 1
Law Implemented:
NDCC
					 61-28-04
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-16 - Control, Prevention, and Abatement of Pollution of Surface Water › Chapter 33.1-16-01 - North Dakota Pollutant Discharge Elimination System › Section 33.1-16-01-30 - Secondary treatment regulations

Current through Supplement No. 393, July, 2024
40 CFR 133 is incorporated into this chapter by
				  reference.
General Authority:
NDCC 61-28-04; S.L.2017,
					 ch.199, § 1
Law Implemented:
NDCC
					 61-28-04
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-16 - Control, Prevention, and Abatement of Pollution of Surface Water › Chapter 33.1-16-01 - North Dakota Pollutant Discharge Elimination System › Section 33.1-16-01-31 - Effluent guidelines and standards

Current through Supplement No. 393, July, 2024
The 40 Code of Federal Regulations, subchapter N, with the
				  exception of part 403, as it exists on February 12, 2003, is incorporated into
				  this chapter by reference.
General Authority:
NDCC 61-28-04; S.L.2017,
					 ch.199, § 1
Law Implemented:
NDCC
					 61-28-04
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-16 - Control, Prevention, and Abatement of Pollution of Surface Water › Chapter 33.1-16-01 - North Dakota Pollutant Discharge Elimination System › Section 33.1-16-01-32 - Criteria and standards for the national pollutant discharge elimination system

Current through Supplement No. 393, July, 2024
1. Criteria and
				standards for imposing technology-based treatment requirements under sections
				301(b) and 402 of the Act, 40 CFR 125, subpart A, is incorporated into this
				chapter by reference.
2. Criteria
				for issuance of permits to acquaculture projects, 40 CFR 125, subpart B, is
				incorporated into this chapter by reference.
3. Criteria and standards for determining
				fundamentally different factors under sections 301(b)(1)(A) and 301(b)(2)(A)
				and (E) of the Act, 40 CFR 125, subpart D, is incorporated into this chapter by
				reference.
4. Criteria for
				determining alternative effluent limitations under section 316(a) of the Act,
				40 CFR 125, subpart H, is incorporated into this chapter by
				reference.
5. Criteria applicable
				to cooling water intake structures under section 316(b) of the Act, 40 CFR 125,
				subpart I, is incorporated into this chapter by reference.
6. Criteria and standards for imposing
				conditions for the disposal of sewage sludge under section 405 of the Act, 40
				CFR 125, subpart L, is incorporated into this chapter by reference.
General Authority:
NDCC 61-28-04; S.L.2017,
					 ch.199, § 1
Law Implemented:
NDCC
					 61-28-04
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-16 - Control, Prevention, and Abatement of Pollution of Surface Water › Chapter 33.1-16-01.1 - Pretreatment Regulations › Section 33.1-16-01.1-01 - Definitions

Current through Supplement No. 393, July, 2024
The definitions in section
				  33.1-16-01-01 apply to this
				  chapter unless defined differently below.
1. "Act" means Federal Water Pollution
				Control Act, also known as the Clean Water Act, as amended [
				33 U.S.C.
				1251, et seq.].
2. "Approval authority" means the
				department.
3. "Best management
				practices" or "BMPs" means schedules of activities, prohibitions of practices,
				maintenance procedures, and other management practices to implement the
				prohibitions listed in
				40 CFR
				403.5(a)(1) and (b). Best
				management practices also include treatment requirements, operating procedures,
				and practices to control plant site runoff, spillage or leaks, sludge or waste
				disposal, or drainage from raw materials storage.
4. "Bypass" means the intentional diversion
				of wastestreams from any portion of an industrial user's treatment
				facility.
5. "Categorical
				industrial user" means an industrial user that is subject to a categorical
				pretreatment standard or categorical standard.
6. "Categorical pretreatment standard" or
				"categorical standard" means any regulation containing pollutant discharge
				limits promulgated by the environmental protection agency in accordance with
				sections 307(b) and (c) of the Act (
				33 U.S.C.section
				1317 ) that apply to a specific category of
				users and that appear in 40 CFR chapter I, subchapter N, parts 405 through
				471.
7. "Control authority" means
				either:
a. The publicly owned treatment
				works, if the publicly owned treatment works which receives the indirect
				discharge administers an approved pretreatment program in accordance with
				sections
				33.1-16-01.1-06 and
				33.1-16-01.1-08; or
b. The department, if the publicly owned
				treatment works which receives the indirect discharge does not administer an
				approved pretreatment program in accordance with sections
				33.1-16-01.1-06 and
				33.1-16-01.1-08.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-16 - Control, Prevention, and Abatement of Pollution of Surface Water › Chapter 33.1-16-01.1 - Pretreatment Regulations › Section 33.1-16-01.1-01.1 - Purpose and applicability

Current through Supplement No. 393, July, 2024
1. This chapter
				establishes responsibilities of state and local government, industry, and the
				public to implement the national pretreatment standards to control pollutants,
				which pass through or interfere with treatment processes in publicly owned
				treatment works or which contaminate sewage sludge.
2. The regulations in this chapter apply:
a. To pollutants from nondomestic sources
				covered by pretreatment regulations, which are indirectly discharged into or
				transported by truck or rail or otherwise introduced into publicly owned
				treatment works;
b. To publicly
				owned treatment works which receive wastewater from sources subject to
				pretreatment regulations; and
c.
				Any new or existing sources subject to pretreatment regulations. Pretreatment
				regulations do not apply to sources which discharge to a sewer which is not
				connected to a publicly owned treatment works treatment
				plant.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-16 - Control, Prevention, and Abatement of Pollution of Surface Water › Chapter 33.1-16-01.1 - Pretreatment Regulations › Section 33.1-16-01.1-02 - Prohibited discharges

Current through Supplement No. 393, July, 2024
The following prohibitions apply to each industrial user
				  whether or not the user is subject to other pretreatment standards or any
				  national, state, or local pretreatment requirements:
1.
General prohibitions.
An
				industrial user may not introduce into a publicly owned treatment works any
				pollutant which causes passthrough or interference.
2.
Affirmative defenses.
A user
				shall have an affirmative defense in any action brought against it alleging a
				violation of the general prohibitions established in subsection 1 and the
				specific prohibitions in subdivisions c through g of subsection 3 where the
				user can demonstrate that:
a. The user did not
				know or have reason to know that its discharge, alone or in conjunction with a
				discharge or discharges from other sources, would cause passthrough or
				interference; and
b.
(1) A local limit designed to prevent
				passthrough or interference, or both, as the case may be, was developed in
				accordance with section
				33.1-16-01.1-03 for each
				pollutant in the user's discharge that caused passthrough or interference, and
				the user was in compliance with each such local limit directly prior to and
				during the passthrough or interference; or
(2) If a local limit designed to prevent
				passthrough or interference, or both, as the case may be, has not been
				developed in accordance with section
				33.1-16-01.1-03 for the
				pollutant that caused the passthrough or interference, the user's discharge
				directly prior to and during the passthrough or interference did not change
				substantially in nature or constituents from the user's prior discharge
				activity when the publicly owned treatment works was regularly in compliance
				with the publicly owned treatment work's North Dakota pollutant discharge
				elimination system permit requirements and, in the case of interference,
				applicable requirements for sewage sludge use or disposal.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-16 - Control, Prevention, and Abatement of Pollution of Surface Water › Chapter 33.1-16-01.1 - Pretreatment Regulations › Section 33.1-16-01.1-03 - Local limits

Current through Supplement No. 393, July, 2024
1. Each publicly
				owned treatment works developing an approved pretreatment program shall develop
				and enforce specific limits to implement the prohibitions of section
				33.1-16-01.1-02. Each publicly
				owned treatment works with an approved pretreatment program shall continue to
				develop these limits as necessary and effectively enforce such
				limits.
2. All other publicly owned
				treatment works shall, if pollutants contributed by a user or users result in
				interference or passthrough and such violation is likely to recur, develop and
				enforce specific effluent limits for indirect discharges which, together with
				appropriate changes in the publicly owned treatment works treatment plant
				facilities or operation, are necessary to ensure renewed and continued
				compliance with the publicly owned treatment works North Dakota pollutant
				discharge elimination system permit or sludge use or disposal
				practices.
3. Specific effluent
				limits shall not be developed and enforced without individual notice to persons
				or groups that have requested such notice and an opportunity to
				respond.
4. Publicly owned
				treatment works may develop best management practices to implement subsections
				1 and 2. Such best management practices shall be considered local limits and
				pretreatment standards for the purposes of this chapter and section 307(d) of
				the Act.
5. When specific
				prohibitions or limits on pollutants are developed by a publicly owned
				treatment works in accordance with this section, the limits shall be deemed
				pretreatment standards.
General Authority:
NDCC 61-28-04, 61-28-05;
					 S.L.2017, ch.199, § 1
Law Implemented:
NDCC 61-28-04,
					 61-28-06
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-16 - Control, Prevention, and Abatement of Pollution of Surface Water › Chapter 33.1-16-01.1 - Pretreatment Regulations › Section 33.1-16-01.1-03.1 - Local law

Current through Supplement No. 393, July, 2024
Nothing in this chapter is intended to affect any
				  pretreatment requirements, including any standards or prohibitions, established
				  by local law as long as the local requirements are not less stringent than any
				  set forth in national or state pretreatment standards or regulations, or any
				  other requirements or prohibitions established by the department.
General Authority:
NDCC 61-28-04, 61-28-05;
					 S.L.2017, ch.199, § 1
Law Implemented:
NDCC
					 61-28-04
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-16 - Control, Prevention, and Abatement of Pollution of Surface Water › Chapter 33.1-16-01.1 - Pretreatment Regulations › Section 33.1-16-01.1-04 - Categorical pretreatment standards

Current through Supplement No. 393, July, 2024
1. Industrial users
				shall comply with all applicable pretreatment standards and
				requirements.
2. Pretreatment
				standards and regulations specifying quantities or concentrations of pollutants
				or pollutant properties which may be discharged to a publicly owned treatment
				works by existing or new industrial users in specific industrial subcategories
				will be established as separate regulations under the appropriate subpart of 40
				CFR chapter I, subchapter N. These standards, unless specifically noted
				otherwise, shall be in addition to all applicable pretreatment standards and
				requirements set forth in this regulation.
3. Category determination request,
				40 CFR
				403.6(a), is incorporated
				into this chapter by reference.
4.
				Categorical industrial users shall comply with the following deadlines for
				compliance with categorical pretreatment standards:
a. Compliance by existing sources with
				categorical pretreatment standards shall be within three years of the date the
				standard is effective, unless a shorter compliance time is specified in the
				specific standard.
b. New sources
				shall have all pollution control equipment required to meet applicable
				pretreatment standards installed and operational before beginning to discharge.
				Within the shortest feasible time, but within ninety days, new sources shall
				meet all applicable pretreatment standards.
c. An existing source which becomes an
				industrial user after the promulgation of an applicable categorical
				pretreatment standard shall be considered an existing industrial user, unless
				the existing source is a new source.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-16 - Control, Prevention, and Abatement of Pollution of Surface Water › Chapter 33.1-16-01.1 - Pretreatment Regulations › Section 33.1-16-01.1-05 - Publicly owned treatment works pretreatment programs - Development by publicly owned treatment works

Current through Supplement No. 393, July, 2024
1. The following
				publicly owned treatment works shall develop and submit for department approval
				a pretreatment program within one year after receiving notice that program
				development is required:
a. Any publicly
				owned treatment works with a total design flow of greater than five million
				gallons [18,927,058 liters] per day that receives from any industrial user
				pollutants which pass through or interfere with the treatment process or are
				otherwise subject to pretreatment standards.
b. Any other publicly owned treatment works
				for which the department determines a pretreatment program is
				warranted.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-16 - Control, Prevention, and Abatement of Pollution of Surface Water › Chapter 33.1-16-01.1 - Pretreatment Regulations › Section 33.1-16-01.1-06 - Publicly owned treatment works pretreatment program requirements

Current through Supplement No. 393, July, 2024
1. Each publicly
				owned treatment works pretreatment program shall satisfy the program element
				requirements described in appendix A.
2. The publicly owned treatment works may
				request conditional approval of the pretreatment program pending the
				acquisition of funding and personnel for certain elements of the program. The
				publicly owned treatment works shall describe in the submission the mechanism
				by which the funding will be acquired. The request for conditional approval
				must satisfy the requirements of section
				33.1-16-01.1-07, except that the
				requirements may be relaxed if the submission demonstrates that:
a. A limited aspect of the program does not
				need to be implemented immediately;
b. The publicly owned treatment works has
				adequate legal authority and procedures to carry out those aspects of the
				program which will not be implemented immediately; and
c. Funding and personnel for the program
				aspects to be implemented at a later date will be available when
				needed.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-16 - Control, Prevention, and Abatement of Pollution of Surface Water › Chapter 33.1-16-01.1 - Pretreatment Regulations › Section 33.1-16-01.1-07 - Publicly owned treatment works pretreatment program submission packages

Current through Supplement No. 393, July, 2024
The submission package for publicly owned treatment works
				  pretreatment program approval must include each of the items described in
				  appendix B. Three copies of the submission package shall be submitted to the
				  department as a formal request for approval.
General Authority:
NDCC 61-28-04, 61-28-05;
					 S.L.2017, ch.199, § 1
Law Implemented:
NDCC
					 61-28-04
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-16 - Control, Prevention, and Abatement of Pollution of Surface Water › Chapter 33.1-16-01.1 - Pretreatment Regulations › Section 33.1-16-01.1-08 - Approval process for publicly owned treatment works pretreatment programs and requests for authority to grant removal credits

Current through Supplement No. 393, July, 2024
1. Within sixty
				days after receiving a request for publicly owned treatment works pretreatment
				program approval or a request for authority to grant removal credits, the
				department shall make a preliminary determination of whether the submission is
				complete.
2. If the submission is
				determined to be incomplete, the department shall notify the publicly owned
				treatment works and each person who has requested individual notice, in
				writing, of the defects identified and of the means by which the publicly owned
				treatment works can amend its submission package.
3. If the submission is determined to be
				complete, the department shall:
a. Notify the
				publicly owned treatment works that the submission has been received and is
				under review;
b. Commence public
				notice activities as prescribed in sections
				33.1-16-01.1-09 and
				33.1-16-01.1-10; and
c. Evaluate the submission for compliance
				with applicable requirements.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-16 - Control, Prevention, and Abatement of Pollution of Surface Water › Chapter 33.1-16-01.1 - Pretreatment Regulations › Section 33.1-16-01.1-09 - Public notice

Current through Supplement No. 393, July, 2024
1. Within twenty
				days of determining that a submission for publicly owned treatment works
				pretreatment program approval or removal credit authorization is complete, the
				department shall issue a public notice of request for approval of the
				submission.
2. The public notice
				shall be circulated in a manner designed to inform interested persons of the
				submission. Procedures for the circulation of public notice shall include at
				least the following:
a. Notice shall be
				mailed to state and federal fish, shellfish, and wildlife agencies, unless such
				agencies have asked not to be sent the notices.
b. Notice shall be mailed to any other person
				or group that has requested individual notice, including those on appropriate
				mailing lists.
c. Notice shall be
				published in local newspapers and periodicals or, if appropriate, in a daily
				newspaper of general circulation.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-16 - Control, Prevention, and Abatement of Pollution of Surface Water › Chapter 33.1-16-01.1 - Pretreatment Regulations › Section 33.1-16-01.1-10 - Opportunity for hearing

Current through Supplement No. 393, July, 2024
1. An applicant for
				publicly owned treatment works pretreatment program approval or removal credit
				authorization, affected state, interested state agency or federal agency, or
				interested person or group of persons may request a public hearing or public
				meeting with respect to the submission.
2. The request for public hearing or public
				meeting shall be filed within the public comment period specified in the public
				notice pursuant to section
				33.1-16-01.1-09 and shall
				indicate the interest of the person filing the request and the reasons why a
				hearing or meeting is warranted.
3.
				The department shall hold a hearing or meeting if the publicly owned treatment
				works so requests. In addition, a hearing or meeting shall be held if there is
				significant public interest in issues relating to whether or not the submission
				should be approved.
4. The
				department shall publish notice of a hearing or meeting to consider a
				submission in the same newspaper or newspapers as the notice of the original
				request for publicly owned treatment works pretreatment program approval or
				removal credit authorization. In addition, notice of the hearing or meeting
				shall be sent to those persons requesting individual notice. The notice shall
				inform interested parties of the nature of the hearing or meeting and the right
				to participate.
General Authority:
NDCC 61-28-04, 61-28-05;
					 S.L.2017, ch.199, § 1
Law Implemented:
NDCC
					 61-28-04
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-16 - Control, Prevention, and Abatement of Pollution of Surface Water › Chapter 33.1-16-01.1 - Pretreatment Regulations › Section 33.1-16-01.1-12 - Industrial user monitoring and reporting requirements

Current through Supplement No. 393, July, 2024
1. Each categorical
				industrial user shall submit a complete baseline monitoring report to the
				control authority.
a. The baseline monitoring
				report shall be submitted on the appropriate baseline monitoring reporting
				form, in accordance with
				40 CFR
				403.12(b).
In cases where the standard requires compliance with a best
				  management practice or pollution prevention alternative, the user shall submit
				  documentation as required by the control authority or the applicable standards
				  to determine with the standard.
Where an alternate concentration or mass limit has been
				  calculated in accordance with
				  40 CFR
				  403.6(e) this adjusted limit
				  along with supporting data shall be submitted to the control authority.
b. For existing industrial users,
				the report shall be due one hundred eighty days after the effective date of the
				applicable categorical pretreatment standard or the final administrative
				decision made upon a category determination submission, whichever is
				later.
c. For new sources and
				sources that become industrial users after the promulgation of an applicable
				categorical pretreatment standard, the report shall be due ninety days prior to
				the commencement of the indirect discharge.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-16 - Control, Prevention, and Abatement of Pollution of Surface Water › Chapter 33.1-16-01.1 - Pretreatment Regulations › Section 33.1-16-01.1-13 - Publicly owned treatment works reporting requirements

Current through Supplement No. 393, July, 2024
1. Publicly owned
				treatment works with approved pretreatment programs shall submit to the
				department on an annual basis a report describing the program activities.
				Reports shall be due March twenty-eighth. Each report shall include, at a
				minimum:
a. An updated list of the publicly
				owned treatment works industrial users, including the name and address of each
				user, and identifying the categorical standards applicable to each user. The
				list shall indicate which users are subject to local standards that are more
				stringent than the categorical pretreatment standards and shall also include
				users that are subject only to local requirements. The list must also identify
				industrial users subject to categorical pretreatment standards that are subject
				to reduced reporting requirements under paragraph 3 of subdivision a of
				subsection 4 of section
				33.1-16-01.1-12, and identify
				which industrial users are nonsignificant categorical industrial users. The
				publicly owned treatment works shall provide an explanation for each deletion
				from the previous list;
b. A
				summary of the status of industrial user compliance over the reporting
				period;
c. A summary of compliance
				and enforcement activities, including inspections, conducted by the publicly
				owned treatment works during the reporting period;
d. A summary of changes to the publicly owned
				treatment works pretreatment program that have not been previously reported to
				the department; and
e. Any other
				relevant information requested by the department.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-16 - Control, Prevention, and Abatement of Pollution of Surface Water › Chapter 33.1-16-01.1 - Pretreatment Regulations › Section 33.1-16-01.1-14 - Removal credits

Current through Supplement No. 393, July, 2024
1. Removal credits,
				40 CFR 403.7, is
				incorporated into this chapter by reference.
2. Pollutants eligible for a removal credit,
				appendix G to 40 CFR 403, is incorporated into this chapter by
				reference.
3. The department shall
				utilize the procedure prescribed in section
				33.1-16-01.1-08 to evaluate and
				approve or deny requests for authority to grant removal credits.
General Authority:
NDCC 61-28-04, 61-28-05;
					 S.L.2017, ch.199, § 1
Law Implemented:
NDCC
					 61-28-04
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-16 - Control, Prevention, and Abatement of Pollution of Surface Water › Chapter 33.1-16-01.1 - Pretreatment Regulations › Section 33.1-16-01.1-15 - Variances from categorical pretreatment standards for fundamentally different factors

Current through Supplement No. 393, July, 2024
Variances from categorical pretreatment standards for
				  fundamentally different factors,
				  40
				  CFR 403.13, is incorporated into this chapter
				  by reference.
General Authority:
NDCC 61-28-04, 61-28-05;
					 S.L.2017, ch.199, § 1
Law Implemented:
NDCC
					 61-28-04
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-16 - Control, Prevention, and Abatement of Pollution of Surface Water › Chapter 33.1-16-01.1 - Pretreatment Regulations › Section 33.1-16-01.1-16 - Net/gross adjustments

Current through Supplement No. 393, July, 2024
Net/gross calculation,
				  40 CFR
				  403.15, is incorporated into this chapter by
				  reference.
General Authority:
NDCC 61-28-04, 61-28-05;
					 S.L.2017, ch.199, § 1
Law Implemented:
NDCC
					 61-28-04
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-16 - Control, Prevention, and Abatement of Pollution of Surface Water › Chapter 33.1-16-01.1 - Pretreatment Regulations › Section 33.1-16-01.1-17 - Upset

Current through Supplement No. 393, July, 2024
1. An upset shall
				constitute an affirmative defense to an action brought for noncompliance with
				categorical pretreatment standards if the following criteria are demonstrated
				through properly signed, contemporaneous operating logs, or other relevant
				evidence:
a. An upset occurred and the user
				can identify the cause or causes;
b. The facility was at the time being
				operated in a prudent and professional manner and in compliance with applicable
				operation and maintenance procedures; and
c. The user has submitted the following
				information to the publicly owned treatment works and to the control authority
				within twenty-four hours of becoming aware of the upset. If the information is
				submitted orally, a written submission shall be provided within five days:
(1) A description of the indirect discharge
				and the cause of noncompliance;
(2)
				The period of noncompliance, including exact dates and times or, if not
				corrected, the anticipated time the noncompliance is expected to continue;
				and
(3) Steps being taken or being
				planned to reduce, eliminate, and prevent recurrence of the
				noncompliance.