reglab/statecodes huggingface dataset:
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 33-16-01-30 - Secondary treatment regulations

Current through Supplement No. 393, July, 2024
The 40 Code of Federal Regulations, part 133, [ 40 CFR 133 ]
				  is incorporated into this chapter by reference.
General Authority: NDCC 61-28-04
Law Implemented: NDCC
					 61-28-04
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 33-16-01-31 - 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
Law Implemented: NDCC
					 61-28-04
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 33-16-01-32 - Criteria and standards for the national pollutant discharge elimination system

Current through Supplement No. 393, July, 2024
1. The 40 Code of
				Federal Regulations, part 125, subpart A - 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. The 40 Code of Federal
				Regulations, part 125, subpart B - criteria for issuance of permits to
				acquaculture projects [ 40 CFR 125, subpart B] is incorporated into this
				chapter by reference.
3. The 40
				Code of Federal Regulations, part 125, subpart D - 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. The
				40 Code of Federal Regulations, part 125, subpart H - 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. The 40 Code of Federal Regulations, part
				125, subpart I - 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. The 40
				Code of Federal Regulations, part 125, subpart L - 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
Law Implemented: NDCC
					 61-28-04
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-16 - Control, Prevention, and Abatement of Pollution of Surface Water › Chapter 33-16-01.1 - Pretreatment Regulations › Section 33-16-01.1-01 - Definitions

Current through Supplement No. 393, July, 2024
The definitions in section
				  33-16-01-01
				  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
				33-16-01.1-06 and 33-16-01.1-08; 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 33-16-01.1-06 and
				33-16-01.1-08.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-16 - Control, Prevention, and Abatement of Pollution of Surface Water › Chapter 33-16-01.1 - Pretreatment Regulations › Section 33-16-01.1-01.1 - 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 - State Department of Health › Article 33-16 - Control, Prevention, and Abatement of Pollution of Surface Water › Chapter 33-16-01.1 - Pretreatment Regulations › Section 33-16-01.1-02 - 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
				33-16-01.1-03 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
				33-16-01.1-03 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 works' 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 - State Department of Health › Article 33-16 - Control, Prevention, and Abatement of Pollution of Surface Water › Chapter 33-16-01.1 - Pretreatment Regulations › Section 33-16-01.1-03 - 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
				33-16-01.1-02.
				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 of this section. 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
Law Implemented:
NDCC 61-28-04,
					 61-28-06
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-16 - Control, Prevention, and Abatement of Pollution of Surface Water › Chapter 33-16-01.1 - Pretreatment Regulations › Section 33-16-01.1-03.1 - 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
Law Implemented:
NDCC
					 61-28-04
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-16 - Control, Prevention, and Abatement of Pollution of Surface Water › Chapter 33-16-01.1 - Pretreatment Regulations › Section 33-16-01.1-04 - 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 - State Department of Health › Article 33-16 - Control, Prevention, and Abatement of Pollution of Surface Water › Chapter 33-16-01.1 - Pretreatment Regulations › Section 33-16-01.1-05 - 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 - State Department of Health › Article 33-16 - Control, Prevention, and Abatement of Pollution of Surface Water › Chapter 33-16-01.1 - Pretreatment Regulations › Section 33-16-01.1-06 - 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
				33-16-01.1-07, 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 - State Department of Health › Article 33-16 - Control, Prevention, and Abatement of Pollution of Surface Water › Chapter 33-16-01.1 - Pretreatment Regulations › Section 33-16-01.1-07 - 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 shall 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
Law Implemented: NDCC
					 61-28-04
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-16 - Control, Prevention, and Abatement of Pollution of Surface Water › Chapter 33-16-01.1 - Pretreatment Regulations › Section 33-16-01.1-08 - 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
				33-16-01.1-09 and
				33-16-01.1-10; and
c. Evaluate the submission for compliance
				with applicable requirements.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-16 - Control, Prevention, and Abatement of Pollution of Surface Water › Chapter 33-16-01.1 - Pretreatment Regulations › Section 33-16-01.1-09 - 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 - State Department of Health › Article 33-16 - Control, Prevention, and Abatement of Pollution of Surface Water › Chapter 33-16-01.1 - Pretreatment Regulations › Section 33-16-01.1-10 - 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
				33-16-01.1-09 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
Law Implemented: NDCC
					 61-28-04
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-16 - Control, Prevention, and Abatement of Pollution of Surface Water › Chapter 33-16-01.1 - Pretreatment Regulations › Section 33-16-01.1-12 - 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 - State Department of Health › Article 33-16 - Control, Prevention, and Abatement of Pollution of Surface Water › Chapter 33-16-01.1 - Pretreatment Regulations › Section 33-16-01.1-13 - 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
				33-16-01.1-12,
				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 - State Department of Health › Article 33-16 - Control, Prevention, and Abatement of Pollution of Surface Water › Chapter 33-16-01.1 - Pretreatment Regulations › Section 33-16-01.1-14 - Removal credits

Current through Supplement No. 393, July, 2024
1. The 40 Code of
				Federal Regulations, part 403.7, removal credits, [
				40 CFR
				403.7 ] is incorporated into this chapter by
				reference.
2. Appendix G to 40
				Code of Federal Regulations, part 403, 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
				33-16-01.1-08 to evaluate and
				approve or deny requests for authority to grant removal credits.
General Authority: NDCC 61-28-04, 61-28-05
Law Implemented: NDCC 23-01-04.1,
					 61-28-04
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-16 - Control, Prevention, and Abatement of Pollution of Surface Water › Chapter 33-16-01.1 - Pretreatment Regulations › Section 33-16-01.1-15 - Variances from categorical pretreatment standards for fundamentally different factors

Current through Supplement No. 393, July, 2024
The 40 Code of Federal Regulations, part 403.13, 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
Law Implemented: NDCC 23-01-04.1,
					 61-28-04
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-16 - Control, Prevention, and Abatement of Pollution of Surface Water › Chapter 33-16-01.1 - Pretreatment Regulations › Section 33-16-01.1-16 - Net/gross adjustments

Current through Supplement No. 393, July, 2024
The 40 Code of Federal Regulations, part 403.15, net/gross
				  calculation, [ 40 CFR
				  403.15 ] is incorporated into this chapter by
				  reference.
General Authority: NDCC 61-28-04, 61-28-05
Law Implemented: NDCC 23-01-04.1,
					 61-28-04
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-16 - Control, Prevention, and Abatement of Pollution of Surface Water › Chapter 33-16-01.1 - Pretreatment Regulations › Section 33-16-01.1-17 - 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.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-16 - Control, Prevention, and Abatement of Pollution of Surface Water › Chapter 33-16-01.1 - Pretreatment Regulations › Section 33-16-01.1-18 - Bypass

Current through Supplement No. 393, July, 2024
1. An industrial
				user may allow any bypass to occur which does not cause pretreatment standards
				or pretreatment requirements to be violated, but only if it also is for
				essential maintenance to assure efficient operation. Such bypasses are not
				subject to subsections 2 and 3.
2.
				The industrial user shall provide notification to the control authority of a
				bypass under the following circumstances:
a.
				If the user knows in advance of the need for a bypass, prior notice shall be
				submitted, at least ten days before the date of the bypass, if
				possible.
b. The user shall submit
				oral notice of an unanticipated bypass that exceeds applicable pretreatment
				standards within twenty-four hours from the time the user becomes aware of the
				bypass. A written submission shall also be provided within five days of the
				time the user becomes aware of the bypass. The control authority may waive the
				written report on a case-by-case basis if the oral report has been received
				within twenty-four hours.
c. The
				written submission shall contain the following items:
(1) A description of the bypass and its
				cause;
(2) The duration of the
				bypass, including exact dates and times, and, if the bypass has not been
				corrected, the anticipated time it is expected to continue; and
(3) The steps taken or planned to reduce,
				eliminate, and prevent reoccurrence of the bypass.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-16 - Control, Prevention, and Abatement of Pollution of Surface Water › Chapter 33-16-01.1 - Pretreatment Regulations › Section 33-16-01.1-19 - Pretreatment program modifications

Current through Supplement No. 393, July, 2024
The 40 Code of Federal Regulations, part 403.18, modification
				  of publicly owned treatment works pretreatment programs, [
				  40 CFR
				  403.18 ] is incorporated into this chapter by
				  reference.
General Authority:
NDCC 61-28-04,
					 61-28-05
Law Implemented:
NDCC 23-01-04.1,
					 61-28-04
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-16 - Control, Prevention, and Abatement of Pollution of Surface Water › Chapter 33-16-01.1 - Pretreatment Regulations › Section 33-16-01.1-20 - Right of entry

Current through Supplement No. 393, July, 2024
1. Each publicly
				owned treatment works and industrial user shall permit an authorized
				representative of the department, upon presentation of the representative's
				credentials:
a. To enter the premises of a
				publicly owned treatment works or of an industrial user of a publicly owned
				treatment works in which an effluent source is located or in which any records
				are maintained;
b. To have access
				to and copy any records required to be maintained;
c. To inspect any monitoring equipment or
				method which is required; and
d.
				To have access to and sample any discharge of pollutants to waters of the state
				or to a publicly owned treatment works which result from the activities or
				operation of the publicly owned treatment works or industrial user.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-16 - Control, Prevention, and Abatement of Pollution of Surface Water › Chapter 33-16-01.1 - Pretreatment Regulations › Section 33-16-01.1-21 - Enforcement

Current through Supplement No. 393, July, 2024
The department shall evaluate all reports, notifications, and
				  data submitted to or obtained by the department 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. The
				  department shall have authority to seek judicial relief and may also use
				  administrative penalty authority when the publicly owned treatment works has
				  sought a monetary penalty which the approval authority believes to be
				  insufficient.
General Authority:
NDCC 61-28-04,
					 61-28-05
Law Implemented:
NDCC 61-28-04,
					 61-28-08
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-16 - Control, Prevention, and Abatement of Pollution of Surface Water › Chapter 33-16-01.1 - Pretreatment Regulations › Appendix B - PUBLICLY OWNED TREATMENT WORKS PRETREATMENT PROGRAM SUBMISSION PACKAGES

Current through Supplement No. 393, July, 2024
A publicly owned treatment works requesting approval of a
				  publicly owned treatment works pretreatment program shall develop a program
				  description, which includes the following information:
A statement from the city solicitor or a city official acting
				  in a comparable capacity (or the attorney for those publicly owned treatment
				  works which have independent legal counsel) that the publicly owned treatment
				  works has authority adequate to carry out the programs described in Appendix A.
				  This statement must:
1. Identify the provision of legal authority which provides
				  the basis for each procedure described in "Procedures" in Appendix A;
2. Identify the manner in which the publicly owned treatment
				  works will implement the program requirements set forth in Appendix A,
				  including the means by which pretreatment standards will be applied to
				  individual industrial users (e.g., by order, permit, ordinance, etc.);
				  and
3. Identify how the publicly owned treatment works intends to
				  ensure compliance with pretreatment standards and requirements, and to enforce
				  them in the event of noncompliance by industrial users.
A copy of any statutes, ordinances, regulations, agreements,
				  or other authorities relied upon by the publicly owned treatment works for its
				  administration of the program. This submission shall include a statement
				  reflecting the endorsement or approval of the local boards or bodies
				  responsible for supervising or funding the publicly owned treatment works
				  pretreatment program, or both, if approved;
A brief description, including organization charts, of the
				  publicly owned treatment works organization which will administer the
				  pretreatment program. If more than one agency is responsible for administration
				  of the program, the responsible agencies should be identified, their respective
				  responsibilities delineated, and their procedures for coordination set forth;
				  and
A description of the funding levels and full-time and
				  part-time manpower available to implement the program.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-16 - Control, Prevention, and Abatement of Pollution of Surface Water › Chapter 33-16-02.1 - Standards of Quality for Waters of the State › Section 33-16-02.1-01 - Authority

Current through Supplement No. 393, July, 2024
These rules are promulgated pursuant to North Dakota Century
				  Code chapters 61-28 and 23-33; specifically, sections 61-28-04 and 23-33-05,
				  respectively.
General Authority: NDCC 61-28-04 Law
Implemented: NDCC 23-33,
					 61-28
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-16 - Control, Prevention, and Abatement of Pollution of Surface Water › Chapter 33-16-02.1 - Standards of Quality for Waters of the State › Section 33-16-02.1-02 - Purpose

Current through Supplement No. 393, July, 2024
1. The purposes of this chapter are to
				establish a system for classifying waters of the state; provide standards of
				water quality for waters of the state; and protect existing and potential
				beneficial uses of waters of the state.
2. The state and public policy is to maintain
				or improve, or both, the quality of the waters of the state and to maintain and
				protect existing uses. Classifications and standards are established for the
				protection of public health and environmental resources and for the enjoyment
				of these waters, to ensure the propagation and well-being of resident fish,
				wildlife, and all biota associated with, or dependent upon, these waters; and
				to safeguard social, economical, and industrial development. Waters not being
				put to use shall be protected for all reasonable uses for which these waters
				are suitable. All known and reasonable methods to control and prevent pollution
				of the waters of this state are required, including improvement in quality of
				these waters, when feasible.
a. The "quality
				of the waters" shall be the quality of record existing at the time the first
				standards were established in 1967, or later records if these indicate an
				improved quality. Waters with existing quality that is higher than established
				standards will be maintained at the higher quality unless affirmatively
				demonstrated, after full satisfaction of the intergovernmental coordination and
				public participation provisions of the continuing planning process, that a
				change in quality is necessary to accommodate important social or economic
				development in the area in which the waters are located. In allowing the
				lowering of existing quality, the department shall assure that existing uses
				are fully protected and that the highest statutory and regulatory requirements
				for all point sources and cost-effective and reasonable best management
				practices for nonpoint sources are achieved.
b. Waters of the state having unique or high
				quality characteristics that may constitute an outstanding state resource shall
				be maintained and protected.
c. Any
				public or private project or development which constitutes a source of
				pollution shall provide the best degree of treatment as designated by the
				department in the North Dakota pollutant discharge elimination system. If
				review of data and public input indicates any detrimental water quality
				changes, appropriate actions will be taken by the department following
				procedures approved by the environmental protection agency. (North Dakota
				Antidegradation Implementation Procedure, Appendix IV.)
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-16 - Control, Prevention, and Abatement of Pollution of Surface Water › Chapter 33-16-02.1 - Standards of Quality for Waters of the State › Section 33-16-02.1-03 - Applicability

Current through Supplement No. 393, July, 2024
Nothing in this chapter may be construed to limit or
				  interfere with the jurisdiction, duties, or authorities of other North Dakota
				  state agencies.
General Authority: NDCC 61-28-04
Law Implemented: NDCC 23-33,
					 61-28
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-16 - Control, Prevention, and Abatement of Pollution of Surface Water › Chapter 33-16-02.1 - Standards of Quality for Waters of the State › Section 33-16-02.1-05 - Variances and compliance schedules

Current through Supplement No. 393, July, 2024
Upon written application by the responsible discharger, the
				  department finds that by reason of substantial and widespread economic and
				  social impacts the strict enforcement of state water quality criteria is not
				  feasible, the department can permit a variance to the water quality standard
				  for the affected segment. The department can set conditions and time
				  limitations with the intent that progress toward improvements in water quality
				  will be made. This can include interim criteria which must be reviewed at least
				  once every three years. A variance will be granted only after fulfillment of
				  the approved requirements at
				  40 CFR section
				  131.14, including public participation
				  requirements and environmental protection agency approval. A variance will not
				  preclude an existing use.
A North Dakota pollutant discharge elimination system permit
				  may contain a schedule to return a permittee to compliance with water quality
				  based effluent limits consistent with federal and state regulations. Compliance
				  schedules in North Dakota pollutant discharge elimination system permits are
				  subject to the requirements of section 33-16-01-15 and cannot be issued for new
				  discharges or sources.
General Authority:
NDCC 61-28-04,
					 61-28-05
Law Implemented:
NDCC 23-33,
					 61-28
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-16 - Control, Prevention, and Abatement of Pollution of Surface Water › Chapter 33-16-02.1 - Standards of Quality for Waters of the State › Section 33-16-02.1-06 - Severability

Current through Supplement No. 393, July, 2024
The rules contained in this chapter are severable. If any
				  rules, or part thereof, or the application of such rules to any person or
				  circumstance are declared invalid, that invalidity does not affect the validity
				  of any remaining portion of this chapter.
General Authority: NDCC 61-28-04
Law Implemented: NDCC 23-33,
					 61-28
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-16 - Control, Prevention, and Abatement of Pollution of Surface Water › Chapter 33-16-02.1 - Standards of Quality for Waters of the State › Section 33-16-02.1-07 - Classification of waters of the state

Current through Supplement No. 393, July, 2024
General. Classification of waters of the state shall be used
				  to maintain and protect the present and future beneficial uses of these waters.
				  Classification of waters of the state shall be made or changed whenever new or
				  additional data warrant the classification or a change of an existing
				  classification.
General Authority: NDCC 61-28-04
Law Implemented: NDCC 23-33,
					 61-28
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-16 - Control, Prevention, and Abatement of Pollution of Surface Water › Chapter 33-16-02.1 - Standards of Quality for Waters of the State › Section 33-16-02.1-08 - General water quality standards

Current through Supplement No. 393, July, 2024
1.
Narrative
				standards.
a. The following minimum
				conditions are applicable to all waters of the state except for class II ground
				waters. All waters of the state shall be:
(1)
				Free from substances attributable to municipal, industrial, or other discharges
				or agricultural practices that will cause the formation of putrescent or
				otherwise objectionable sludge deposits.
(2) Free from floating debris, oil, scum, and
				other floating materials attributable to municipal, industrial, or other
				discharges or agricultural practices in sufficient amounts to be unsightly or
				deleterious.
(3) Free from
				materials attributable to municipal, industrial, or other discharges or
				agricultural practices producing color, odor, or other conditions to such a
				degree as to create a nuisance or render any undesirable taste to fish flesh
				or, in any way, make fish inedible.
(4) Free from substances attributable to
				municipal, industrial, or other discharges or agricultural practices in
				concentrations or combinations which are toxic or harmful to humans, animals,
				plants, or resident aquatic biota. For surface water, this standard will be
				enforced in part through appropriate whole effluent toxicity requirements in
				North Dakota pollutant discharge elimination system permits.
(5) Free from oil or grease residue
				attributable to wastewater, which causes a visible film or sheen upon the
				waters or any discoloration of the surface of adjoining shoreline or causes a
				sludge or emulsion to be deposited beneath the surface of the water or upon the
				adjoining shorelines or prevents classified uses of such waters.
(6) Free from nutrients attributed to
				municipal, industrial, or other discharges or agricultural practices, in
				concentrations or loadings which will cause accelerated eutrophication
				resulting in the objectionable growth of aquatic vegetation or algae or other
				impairments to the extent that it threatens public health or welfare or impairs
				present or future beneficial uses.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-16 - Control, Prevention, and Abatement of Pollution of Surface Water › Chapter 33-16-02.1 - Standards of Quality for Waters of the State › Section 33-16-02.1-10 - Ground water classifications and standards

Current through Supplement No. 393, July, 2024
1. Class I ground
				waters. Class I ground waters are those with a total dissolved solids
				concentration of less than 10,000 mg/l. The minimum conditions described in
				subsection 1 of section
				33-16-02.1-08
				apply. Class I ground waters are not exempt under the North Dakota underground
				injection control program in section 33-25-01-05.
2. Class II ground waters. Class II ground
				waters are those with a total dissolved solids concentration of 10,000 mg/l or
				greater. Class II ground waters are exempt under the North Dakota underground
				injection control program in section 33-25-01-05.
General Authority:
NDCC 61-28-04,
					 61-28-05
Law Implemented:
NDCC 61-28-04
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-16 - Control, Prevention, and Abatement of Pollution of Surface Water › Chapter 33-16-02.1 - Standards of Quality for Waters of the State › Section 33-16-02.1-11 - Discharge of wastes

Current through Supplement No. 393, July, 2024
On-surface discharges. The following are general requirements
				  for all waste discharges or chemical additions:
1. No untreated domestic sewage shall be
				discharged into the waters of the state.
2. No untreated industrial wastes or other
				wastes which contain substances or organisms which may endanger public health
				or degrade the water quality of water usage shall be discharged into the waters
				of the state.
3. The department
				must be notified at least twenty days prior to the application of any herbicide
				or pesticide to surface waters of the state for control of aquatic pests. Only
				certified applicators are allowed to apply chemicals. The notification must
				include the following information:
a. Chemical
				name and composition.
b. Map which
				identifies the area of application and aerial extent (e.g., acres or square
				feet).
c. A list of target species
				of aquatic biota the applicant desires to control.
d. The calculated concentration of the active
				ingredient in surface waters immediately after application.
e. Name, address, and telephone number of the
				certified applicator.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-16 - Control, Prevention, and Abatement of Pollution of Surface Water › Chapter 33-16-02.1 - Standards of Quality for Waters of the State › Appendix I - STREAM CLASSIFICATIONS

Current through Supplement No. 393, July, 2024
The following intrastate and interstate streams are
				  classified as the class of water quality which is to be maintained in the
				  specified stream or segments noted. All tributaries, minor or intermittently
				  flowing watercourses, unnamed creeks, or draws not specifically mentioned are
				  classified as Class III streams.
RIVER BASINS, SUBBASINS, AND TRIBUTARIES
CLASSIFICATION
Missouri River, including Lake Sakakawea and Oahe
							 Reservoir
I
Yellowstone
I
Little Muddy Creek near Williston
II
White Earth River
II
Little Missouri River
II
Knife River
II
Spring Creek
IA
Square Butte Creek below Nelson Lake
IA
Heart River
IA
Green River
IA
Antelope Creek
II
Muddy Creek
II
Apple Creek
II
Cannonball River
II
Cedar Creek
II
Beaver Creek near Linton
II
Grand River
IA
Spring Creek
II
Souris River
IA
Des Lacs River
II
Willow Creek
II
Deep River
III
Mauvais Coulee
I
James River
IA
Pipestem
IA
Cottonwood Creek
II
Beaver Creek
II
Elm River
II
Maple River
II
RIVER BASINS, SUBBASINS, AND TRIBUTARIES
CLASSIFICATION
Bois de Sioux
I
Red River
I
Wild Rice River
II
Antelope Creek
III
Sheyenne River (except as noted below)
IA
Baldhill Creek
II
Maple River
II
Rush River
III
Elm River
II
Goose River
IA
Turtle River
II
Forest River
II
North Branch
III
Park River
II
North Branch
III
South Branch
II
Middle Branch
III
Cart Creek
III
Pembina River
IA
Tongue River
II
The Sheyenne River from its headwaters to 0.1 mile
				  downstream from Baldhill Dam is not classified for municipal or domestic
				  use.