North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-16 - Control, Prevention, and Abatement of Pollution of Surface Water › Chapter 33.1-16-01 - North Dakota Pollutant Discharge Elimination System › Section 33.1-16-01-13 - 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
				33.1-16-01-30 and
				33.1-16-01-31.
2. Standards of performance for new sources
				as incorporated by reference in section
				33.1-16-01-31.
3. Effluent standards or prohibitions for
				toxic pollutants as incorporated by reference in section
				33.1-16-01-29.
4. Pretreatment standards for the
				introduction of pollutants into treatment works as incorporated by reference in
				section 33.1-16-01-31.
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
				CFR 122.44, which is incorporated into this
				chapter by reference.
General Authority:
NDCC 61-28-04; S.L.2017,
					 ch.199, § 1
Law Implemented:
NDCC
					 61-28-04