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 33-16-01.1-11 - General monitoring and reporting requirements

Current through Supplement No. 393, July, 2024
1. Publicly owned
				treatment works that are required to develop a pretreatment program and
				industrial users which are subject to pretreatment standards shall install,
				calibrate, use, and maintain the monitoring equipment or methods, including if
				appropriate, biological monitoring methods, necessary to determine continued
				compliance with pretreatment standards and requirements.
2. All reports submitted by a user or
				publicly owned treatment works shall conform to the signatory requirements of
				subsection 12 of section
				33-16-01.1-12.
3. In addition to the requirements of
				sections
				33-16-01.1-12
				and
				33-16-01.1-13,
				industrial users and publicly owned treatment works shall submit any other
				information and reports required under the North Dakota pollutant discharge
				elimination system or pretreatment regulation or under state law.
4. All information submitted to the state or
				publicly owned treatment works shall be available to the public at least to the
				extent provided by
				40
				CFR 2.302. Monitoring data and other such
				data as is necessary to determine whether a user is in compliance with
				applicable pretreatment standards shall be available to the public without
				restriction.
5. All records of
				monitoring activity pursuant to sections
				33-16-01.1-12
				and
				33-16-01.1-13
				shall conform to the requirements of section 33-16-01-22. The monitoring record
				shall also include the sampling methods used. The period of retention shall be
				extended during the course of any unresolved litigation regarding an indirect
				discharge or the operations of the publicly owned treatment works pretreatment
				program, or when requested by the department or the administrator of the
				environmental protection agency. Such records shall be made available for
				inspection and copying for a reasonable fee by the department and the regional
				administrator.
6. Any publicly
				owned treatment works to which reports are submitted by industrial users
				pursuant to section
				33-16-01.1-12
				shall make such reports available for inspection and copying by the department
				and the regional administrator. The publicly owned treatment works shall retain
				such reports for a minimum of three years. The retention period shall be
				extended during the course of any unresolved litigation regarding the discharge
				of pollutants by the industrial user or the operation of the publicly owned
				treatment works pretreatment program, or when requested by the department or
				the administrator of the environmental protection agency.
7. Provisions governing fraud and false
				statements. The reports and other documents required to be submitted or
				maintained under this section shall be subject to:
a. The provisions of
				18 U.S.C.
				1001 relating to fraud and false
				statements;
b. The provisions of
				section 309(c)(4) of the Act, governing false statements, representation or
				certification; and
c. The
				provisions of section 309(c)(6) of the Act, regarding responsible corporate
				officers.