reglab/statecodes huggingface dataset:
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-14 - Purchase of Residential Care for the Mentally Retarded › Chapter 33-14-05 - Halfway Houses, Hostels, Group Homes › Section 33-14-05-08 - Food services

Current through Supplement No. 393, July, 2024
Type, size, and layout of equipment shall provide optimal
				  work flow and adequate food preparation to meet the needs of the residents.
1.
Food preparation center.
Provide soap and paper towels for handwashing beside kitchen sink.
2.
Toilet room.
Conveniently accessible for dietary staff.
General Authority:
NDCC 28-32-02
Law Implemented:
NDCC 25-16-03
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-14 - Purchase of Residential Care for the Mentally Retarded › Chapter 33-14-05 - Halfway Houses, Hostels, Group Homes › Section 33-14-05-09 - Fire safety, zoning, and building clearance

Current through Supplement No. 393, July, 2024
All construction for halfway houses, hostels, and group
				  homes shall conform to state building regulations related to fire safety as
				  well as conform to local fire safety, zoning, and building ordinances. Evidence
				  of conforming to zoning ordinances shall be presented in writing to the
				  division of mental health and retardation. Fire codes and building codes used
				  in the design of the building shall be recorded with plans submitted.
General Authority:
NDCC 28-32-02
Law Implemented:
NDCC
				  25-16-03
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-14 - Purchase of Residential Care for the Mentally Retarded › Chapter 33-14-05 - Halfway Houses, Hostels, Group Homes › Section 33-14-05-10 - Mechanical requirements

Current through Supplement No. 393, July, 2024
1.
Heating and ventilation systems.
a. Temperatures. A minimum temperature of
				sixty-eight degrees to seventy-two degrees Fahrenheit [20 degrees to 22.22
				degrees Celsius] shall be provided for all occupied areas at winter design
				conditions.
b. Ventilation. A
				range hood and mechanical exhausts will be provided in the kitchen area.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-14 - Purchase of Residential Care for the Mentally Retarded › Chapter 33-14-05 - Halfway Houses, Hostels, Group Homes › Section 33-14-05-11 - Electrical requirements

Current through Supplement No. 393, July, 2024
All electrical equipment will conform to state or local
				  codes.
General Authority:
NDCC 28-32-02
Law Implemented:
NDCC
				  25-16-03
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-14 - Purchase of Residential Care for the Mentally Retarded › Chapter 33-14-05 - Halfway Houses, Hostels, Group Homes › Section 33-14-05-12 - Submission of building construction plans

Current through Supplement No. 393, July, 2024
Before construction is begun, plans and specifications
				  covering the construction of new buildings, additions to an existing building
				  or a substantial alteration to an existing building shall be submitted to the
				  division of mental health and retardation and approval shall be obtained from
				  the division with respect to compliance with the minimum standards which have
				  been established.
Note: In order to avoid unnecessary expense in changing
				  final plans, it is suggested that as an initial step, proposed plans in sketch
				  form be reviewed with the division.
General Authority:
NDCC 28-32-02
Law Implemented:
NDCC 25-16-03
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-14 - Purchase of Residential Care for the Mentally Retarded › Chapter 33-14-06 - Short-Term Care Center (Respite Care) › Section 33-14-06-01 - Standards for administration

Current through Supplement No. 393, July, 2024
All rules and regulations shall be the same as for
				  residential centers or halfway houses, hostels, or group homes depending on the
				  number of residents in the facility. If the number exceeds ten, then the rules
				  and regulations for residential centers will apply. If the number is less than
				  eleven, the rules and regulations for halfway houses, hostels, or group homes
				  will apply.
General Authority:
NDCC 28-32-02
Law Implemented:
NDCC 25-12-02(5), 25-12-04(5)
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 33-16-01-01.1 - Additional point sources subject to regulation

Current through Supplement No. 393, July, 2024
1. The 40 Code of
				Federal Regulations, part 122.23, concentrated animal feeding operations, [
				40
				CFR 122.23 ] is incorporated into this
				chapter by reference. The department regulates livestock operations under
				chapter 33-16-03, including those which are not subject to this
				subsection.
2. The 40 Code of
				Federal Regulations, part 122.24, concentrated aquatic animal production
				facilities, [
				40
				CFR 122.24 ] is incorporated into this
				chapter by reference.
3. The 40
				Code of Federal Regulations, part 122.25, aquaculture projects, [
				40
				CFR 122.25 ] is incorporated into this
				chapter by reference.
4. The 40
				Code of Federal Regulations, part 122.26, storm water discharges, [
				40
				CFR 122.26 ] is incorporated into this
				chapter by reference.
5. The 40
				Code of Federal Regulations, part 122.27, silvicultural activities, [
				40
				CFR 122.27 ] 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 33-16-01-02 - Acquisition of data

Current through Supplement No. 393, July, 2024
1. Application for
				a national pollutant discharge elimination system permit. Any person who
				discharges any waste through a point source into a surface water or conducts
				any activity which requires a valid permit under North Dakota Century Code
				section 61-28-06 must file a completed national pollutant discharge elimination
				system application.
2. Any person
				who commences discharge of any waste through a point source into a surface
				water or conduct of any activity which requires a valid permit under North
				Dakota Century Code section 61-28-06 after the effective date of this chapter
				shall either:
a. File a completed national
				pollutant discharge elimination system application no less than one hundred
				eighty days prior to the day on which it is desired to commence operation of
				the waste disposal operation; or
b.
				File a completed national pollutant discharge elimination system application in
				sufficient time prior to the commencement of waste disposal operations to allow
				the department to ensure compliance with any applicable water quality standards
				and effluent standards and the requirements of sections 306 and 208(b) and (c)
				of the Federal Water Pollution Control Act.
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 33-16-01-02.1 - Requests for variance

Current through Supplement No. 393, July, 2024
1.
				Applicants for a national pollutant discharge elimination system permit may
				request a variance from otherwise applicable effluent limitations under the
				following provisions:
a. The 40 Code of
				Federal Regulations, part 122.21 (m), variance requests by nonpublicly owned
				treatment works, [ 40 CFR
				122.21(m) ], which is
				incorporated into this chapter by reference;
b. The 40 Code of Federal Regulations, part
				122.21 (n), variance requests by publicly owned treatment works, [
				40 CFR
				122.21(n) ], which is
				incorporated into this chapter by reference; and
c. The 40 Code of Federal Regulations, part
				122.21 (o), expedited variance procedures and time extensions, [
				40 CFR
				122.21(o) ], which is
				incorporated into this chapter by reference.
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 33-16-01-03 - Receipt and use of federal data

Current through Supplement No. 393, July, 2024
1. The
				department shall receive national pollutant discharge elimination system
				applications and other relevant data collected by the regional administrator
				prior to North Dakota's participation in the national pollutant discharge
				elimination system. The procedure for such transmittal of data shall be set out
				in a formal agreement entered into by the department and the regional
				administrator.
2. No national
				pollutant discharge elimination system permits shall be issued by the
				department based upon any Refuse Act or national pollutant discharge
				elimination system application which the regional administrator has identified
				as incomplete or otherwise deficient until the department receives information
				sufficient to correct the deficiency to the satisfaction of the regional
				administrator.
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 33-16-01-04 - Transmission of data to the regional administrator

Current through Supplement No. 393, July, 2024
The department shall enter into a formal agreement with the
				  regional administrator, setting out procedures for the following actions:
1. Transmittal to the regional
				administrator of a complete copy of any national pollutant discharge
				elimination system form received by the department.
2. Transmittal to the national data bank of a
				complete copy of any appropriate national pollutant discharge elimination
				system form received by the department.
3. Procedures for acting on the regional
				administrator's written waiver, if any, of the regional administrator's rights
				to receive copies of national pollutant discharge elimination system forms with
				respect to classes, types, and sizes within any category of point sources and
				with respect to m inor discharges or discharges to particular navigable waters
				as such are defined by section 502(7) of the Federal Water Pollution Control
				Act, or parts thereof.
4. An
				opportunity for the regional administrator to object in writing to deficiencies
				in any national pollutant discharge elimination system application or reporting
				form received by the regional administrator and to have such deficiency
				corrected. If the regional administrator's objection relates to a national
				pollutant discharge elimination system application, the department shall send
				the regional administrator any information necessary to correct the deficiency
				and, if the regional administrator so requests, shall not issue the national
				pollutant discharge elimination system permit until the department receives
				notice from the regional administrator that the deficiency has been corrected.
5. An opportunity for the regional
				administrator to identify any discharge which has a total volume of less than
				fifty thousand gallons [189250 liters] on every day of the year as a discharge
				which is not a minor discharge. If the regional administrator so identifies a
				discharge and notifies the department, the latter shall require the applicant
				for such discharge to submit additional national pollutant discharge
				elimination system application forms or any other information requested by the
				regional administrator in the regional administrator's notification to the
				department.
6. Procedures for the
				transmittal, if requested by the regional administrator, of copies of notice
				received by the department from publicly owned treatment works pursuant to
				subsection 4 of section
				33-16-01-16.
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 33-16-01-05 - Identity of signatories to national pollutant discharge elimination system forms

Current through Supplement No. 393, July, 2024
1. Any national
				pollutant discharge elimination system application form or other document
				required to accompany the form when submitted to the department must be signed
				as follows:
a. In the case of corporations,
				by a principal executive officer of at least the level of vice president, or
				the officer's duly authorized representative, if such representative is
				responsible for the overall operation of the facility from which the discharge
				described in the national pollutant discharge elimination system form
				originates.
b. In the case of a
				partnership, by a general partner.
c. In the case of sole proprietorship, by the
				proprietor.
d. In the case of a
				municipal, state, federal, or other public facility, by either a principal
				executive officer or a ranking elected official.
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 33-16-01-06 - Notice and public participation

Current through Supplement No. 393, July, 2024
In the formulation of tentative determinations and draft
				  national pollutant discharge elimination system permits, including general
				  permits:
1. The department will
				prepare a tentative staff determination, with respect to any completed national
				pollutant discharge elimination system application. Such tentative
				determinations shall include at least the following:
a. A proposed determination to issue or deny
				a national pollutant discharge elimination system permit for the discharge
				described in the application.
b.
				If the proposed determination is to issue a national pollutant discharge
				elimination system permit, the following additional tentative determinations
				shall be made:
(1) Proposed effluent
				limitations, standards, and prohibitions, identified pursuant to section
				33-16-01 -13 for those pollutants proposed to be limited.
(2) If necessary, a proposed schedule of
				compliance, including interim dates and requirements, for meeting the proposed
				effluent limitations.
(3) Proposed
				perm it conditions pursuant to sections 33-16-01 -12 and
				33-16-01-13.
(4) Proposed monitoring requirements pursuant
				to section
				33-16-01-12.
(5) Proposed variances pursuant to section
				33-16-01 -02.1.
(6) A brief
				description of any other proposed special condition which will have a
				significant impact upon the discharge described in the national pollutant
				discharge elimination system application.
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 33-16-01-07.1 - Response to comments

Current through Supplement No. 393, July, 2024
Upon issuance of any final permit, the department shall
				  issue a response to comments which briefly describes and responds to all
				  significant comments received during the public comment period, public hearing,
				  or public meeting. The response shall specify each provision of the draft
				  permit which has been changed and the reasons for each change and shall be
				  available to the public.
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 33-16-01-08 - Fact sheets

Current through Supplement No. 393, July, 2024
1. The department
				shall prepare, and following public notice, shall send, upon request to any
				person, a fact sheet with respect to the application described in the public
				notice, when a draft permit is prepared in the following circumstances:
a. The draft permit is for a major facility
				or a general permit;
b. The draft
				permit incorporates a variance or requires an explanation pursuant to paragraph
				3 of subdivision c of subsection 2; or
c. The draft permit is subject to widespread
				public interest or raises major issues.
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 33-16-01-09 - Notice to government agencies

Current through Supplement No. 393, July, 2024
The state shall notify other appropriate government agencies
				  of each complete application for a national pollutant discharge elimination
				  system permit and shall provide such agencies an opportunity to submit their
				  written views and recommendations.
1.
				The department shall ensure that a copy of each fact sheet prepared under the
				provisions of this chapter is mailed to the following parties:
a. Any other state whose waters might be
				affected by the issuance of a national pollutant discharge elimination system
				permit.
b. Any interstate agency
				having water quality authority over affected waters.
c. Any other appropriate federal, state, or
				local agency, including other appropriate public health agencies.
d. The appropriate district engineer of the
				United States army corps of engineers.
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 33-16-01-10 - Public access to information

Current through Supplement No. 393, July, 2024
In addition to the provisions of section
				  33-16-01-07, the department shall
				  provide the following:
1. Facilities
				for the public inspection of all information relating to national pollutant
				discharge elimination system forms, including monitoring data, and a machine or
				device for the copying of those papers and documents at a reasonable fee.
2. A copy of any request for the
				confidential treatment of any information relating to a North Dakota pollutant
				discharge elimination system permit application to the regional administrator,
				together with all information related to such request.
3. If the department determines that certain
				information should be accorded confidential status for reason of being a trade
				secret, it shall disclose such information to the administrator upon the
				latter's request; the administrator shall maintain the disclosed information in
				confidence, unless the administrator determines that such information, if made
				public, would not divulge methods of processes entitled to protection as trade
				secrets.
4. Information required
				by national pollutant discharge elimination system application forms may not be
				claimed confidential. This includes information submitted on the forms and any
				attachments used to supply information required by the form. In no case shall
				the name and address of any applicant or permittee, permit applications,
				permits, or effluent data be considered confidential by the department.
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 33-16-01-11 - Hearings and notice

Current through Supplement No. 393, July, 2024
1. A national
				pollutant discharge elimination system applicant, any affected state, any
				affected interstate agency, any affected country, the regional administrator,
				or any interested agency, person, or group of persons may request or petition
				the department for a public hearing with respect to national pollutant
				discharge elimination system applications. Any such request or petition for
				public hearing shall be filed in writing within the thirty-day period
				prescribed in subsection 2 of section
				33-16-01-07 and shall indicate the
				interest of the person filing such request and the reasons why a hearing is
				warranted.
2. The department shall
				hold a hearing if it determines that there is a significant public interest,
				including the filing of requests or petitions for such hearing, in holding such
				a hearing. The department may also hold a hearing at its discretion for any
				other reason. Any hearing brought pursuant to this subsection shall be held in
				the geographical area of the proposed discharge or other appropriate area, in
				the discretion of the department and may, as appropriate, consider related
				groups of permit applications.
3.
				Public notice of any hearing held under this section shall be circulated at
				least as widely as was the notice of the national pollutant discharge
				elimination system application pursuant to section
				33-16-01-07. Procedures for the
				circulation of public notice for hearings held under this section shall include
				at least the following:
a. Notice shall be
				published in at least one newspaper of general circulation within the
				geographical area of the discharge.
b. Notice shall be sent to all persons and
				government agencies which received a copy of the notice or the fact sheet for
				the national pollutant discharge elimination system application.
c. Notice shall be mailed to any person or
				group upon request.
d. Notice
				shall also be given to all persons who submitted comments on the proposed
				national pollutant discharge elimination system permit pursuant to section
				33-16-01-07.
e. Notice shall be effected pursuant to
				subdivision a at least thirty days in advance of the hearing.
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 33-16-01-12 - Terms and conditions of national pollutant discharge elimination system permits

Current through Supplement No. 393, July, 2024
1. The following
				discharges into the waters of the state are prohibited:
a. Any radiological, chemical, or biological
				warfare agent or high-level radioactive waste.
b. Any discharge into the navigable waters
				that the secretary of the army acting through the chief of engineers finds
				would substantially impair anchorage and navigation.
c. Any discharge to which the regional
				administrator has objected in writing.
d. Any discharge from a point source which is
				in conflict with a plan or amendment thereto approved pursuant to section
				208(b) of the Federal Water Pollution Control Act.
e. Any discharge requiring certification
				under section 401 of the Federal Water Pollution Control Act and 40 Code of
				Federal Regulations, part 124.53, for which the department has neither granted
				nor waived the certification.
f.
				Any discharge from a new source or new discharger which causes or contributes
				to the violation of applicable water quality standards, unless the owner or
				operator of the new source or new discharger demonstrates that:
(1) The existing dischargers to the stream
				segment are subject to compliance schedules designed to bring the stream
				segment into compliance; and
(2)
				Remaining pollutant load allocations are sufficient to allow for the
				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 - North Dakota Pollutant Discharge Elimination System › Section 33-16-01-13 - Application of effluent standards and limitations, water quality standards, and other requirements

Current through Supplement No. 393, July, 2024
All of the terms and conditions of any permit issued by the
				  department will comply with the following requirements whenever applicable:
1. Effluent limitations as
				incorporated by reference in sections 33-16-01 -30 and
				33-16-01-31.
2. Standards of performance for new sources
				as incorporated by reference in section
				33-16-01-31.
3. Effluent standards or prohibitions for
				toxic pollutants as incorporated by reference in section
				33-16-01-29.
4. Pretreatment standards for the
				introduction of pollutants into treatment works as incorporated by reference in
				section 33-16-01-31.
5. Water quality standards, classifications,
				or effluent requirements established pursuant to North Dakota Century Code
				sections 61-28-04 and 61-28-05 if such standards and requirements are more
				stringent than those described in subsections 1 through 4.
6. Water quality standards and total maximum
				daily loads established pursuant to the authority and guidelines specified in
				the Federal Water Pollution Control Act and properly transmitted to the
				department.
7. Prior to the
				adoption of effluent limitations and standards by the administrator under the
				Federal Water Pollution Control Act, any such additional conditions as the
				department determines are necessary to carry out the provisions of that Act.
8. Any applicable regulations
				promulgated by the secretary of the department in which the coast guard is
				operating regulating the discharge of pollutants from vessels.
9. Any more stringent legally applicable
				requirements necessary to comply with a plan approved pursuant to section
				208(b) of the Federal Water Pollution Control Act.
10. When an issued national pollutant
				discharge elimination system permit applies the effluent standards and
				limitations described in subsections 1 through 4, the department must state
				that the discharge authorized by the permit will not violate applicable water
				quality standards and must have prepared some explicit verification of that
				statement.
11. When an issued
				national pollutant discharge elimination system permit applies any more
				stringent effluent limitation based upon applicable water quality standards, a
				waste load allocation must be prepared to ensure that the discharge authorized
				by the permit is consistent with applicable water quality standards.
12. National pollutant discharge elimination
				system permits shall include limitations, standards, and other permit
				conditions in compliance with the requirements of 40 Code of Federal
				Regulations, part 122.44, [ 40 CFR 122.44 ], which 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 33-16-01-15 - Schedules of compliance in issued national pollutant discharge elimination system permits

Current through Supplement No. 393, July, 2024
1. With respect to
				any discharge which is not in compliance with applicable effluent standards and
				limitations, water quality standards, or other requirements listed in section
				33-16-01-13, the permittee shall
				be required to take specific steps to achieve compliance with such applicable
				effluent standards and limitations, water quality standards, or other
				requirements:
a. In accordance with any
				applicable schedule of compliance contained in:
(1) Applicable effluent standards and
				limitations;
(2) If more
				stringent, water quality standards; or
(3) If more stringent, requirements listed in
				section 33-16-01-13; or
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 33-16-01-16 - 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 - 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 33-16-01-17 - 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
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 33-16-01-18 - 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
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 33-16-01-19 - Duration and review of national pollutant discharge elimination system permits

Current through Supplement No. 393, July, 2024
The 40 Code of Federal Regulations, part 122.46, "duration
				  of permits" 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
				33-16-01-20, 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
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 33-16-01-20 - 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 letterform 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 - 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 33-16-01-21 - 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 - 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 33-16-01-22 - Recording of monitoring activities and results

Current through Supplement No. 393, July, 2024
1. The results of any monitoring activity
				required pursuant to section
				33-16-01-21 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.
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 33-16-01-23 - 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
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 33-16-01-24 - 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
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 33-16-01-25 - 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, but not
				limited to, the causes listed in subsection 2 of section
				33-16-01-16, or for failure or
				refusal of the permittee to carry out the requirements of subsection 3 of
				section 33-16-01-16.
2. The 40 Code of Federal Regulations, part
				122.62(a), 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
				33-16-01-06. 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 33-16-01 -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
				33-16-01-06.
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 - North Dakota Pollutant Discharge Elimination System › Section 33-16-01-26 - 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 33-25-01, 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 33-13-01-32 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 - 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 33-16-01-26.1 - 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 - 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 33-16-01-27 - Other requirements - Conflicts of interest

Current through Supplement No. 393, July, 2024
Conflicts of interest shall comply with 40 Code of Federal
				  Regulations, part 123.25(c), which 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 33-16-01-28 - 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
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 33-16-01-29 - Toxic pollutant effluent standards

Current through Supplement No. 393, July, 2024
The 40 Code of Federal Regulations, part 129, [ 40 CFR 129 ]
				  is incorporated into this chapter by reference.
General Authority: NDCC 61-28-04
Law Implemented: NDCC
					 61-28-04