reglab/statecodes huggingface dataset:
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-16 - Control, Prevention, and Abatement of Pollution of Surface Water › Chapter 33.1-16-01.1 - Pretreatment Regulations › Section 33.1-16-01.1-18 - 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 33.1 - Department of Environmental Quality › Article 33.1-16 - Control, Prevention, and Abatement of Pollution of Surface Water › Chapter 33.1-16-01.1 - Pretreatment Regulations › Section 33.1-16-01.1-19 - Pretreatment program modifications

Current through Supplement No. 393, July, 2024
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;
					 S.L.2017, ch.199, § 1
Law Implemented:
NDCC
					 61-28-04
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-16 - Control, Prevention, and Abatement of Pollution of Surface Water › Chapter 33.1-16-01.1 - Pretreatment Regulations › Section 33.1-16-01.1-20 - 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 33.1 - Department of Environmental Quality › Article 33.1-16 - Control, Prevention, and Abatement of Pollution of Surface Water › Chapter 33.1-16-01.1 - Pretreatment Regulations › Section 33.1-16-01.1-21 - 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;
					 S.L.2017, ch.199, § 1
Law Implemented:
NDCC 61-28-04,
					 61-28-08
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-16 - Control, Prevention, and Abatement of Pollution of Surface Water › Chapter 33.1-16-01.1 - Pretreatment Regulations › 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 33.1 - Department of Environmental Quality › Article 33.1-16 - Control, Prevention, and Abatement of Pollution of Surface Water › Chapter 33.1-16-02.1 - Standards of Quality for Waters of the State › Section 33.1-16-02.1-01 - Authority

Current through Supplement No. 393, July, 2024
These rules are promulgated pursuant to North Dakota Century
				  Code chapters 61-28 and 23.1-11; specifically, sections 61-28-04 and
				  23.1-11-05, respectively.
General Authority:
NDCC 61-28-04; S.L.2017,
					 ch.199, § 1
Law Implemented:
NDCC 23.1-11, 61-28; S.L.
					 2017, ch.199, § 26
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 33.1-16-02.1 - Standards of Quality for Waters of the State › Section 33.1-16-02.1-02 - 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 33.1 - Department of Environmental Quality › Article 33.1-16 - Control, Prevention, and Abatement of Pollution of Surface Water › Chapter 33.1-16-02.1 - Standards of Quality for Waters of the State › Section 33.1-16-02.1-03 - 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; S.L.2017,
					 ch.199, § 1
Law Implemented:
NDCC 23.1-11, 61-28; S.L.
					 2017, ch.199, § 26
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 33.1-16-02.1 - Standards of Quality for Waters of the State › Section 33.1-16-02.1-05 - 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
				  33.1-16-01-15 and cannot be
				  issued for new discharges or sources.
General Authority:
NDCC 61-28-04;
					 S.L.
					 2017, ch. 199,
					 §
												1
Law Implemented:
NDCC 23.1-11, 61-28;
					 S.L.
					 2017, ch. 199,
					 §
												26
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 33.1-16-02.1 - Standards of Quality for Waters of the State › Section 33.1-16-02.1-06 - 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; S.L.2017,
					 ch.199, § 1
Law Implemented:
NDCC 23.1-11, 61-28; S.L.
					 2017, ch.199, § 26
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 33.1-16-02.1 - Standards of Quality for Waters of the State › Section 33.1-16-02.1-07 - 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; S.L.2017,
					 ch.199, § 1
Law Implemented:
NDCC 23.1-11, 61-28; S.L.
					 2017, ch.199, § 26
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 33.1-16-02.1 - Standards of Quality for Waters of the State › Section 33.1-16-02.1-08 - 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 33.1 - Department of Environmental Quality › Article 33.1-16 - Control, Prevention, and Abatement of Pollution of Surface Water › Chapter 33.1-16-02.1 - Standards of Quality for Waters of the State › Section 33.1-16-02.1-10 - 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
				33.1-16-02.1-08 apply. Class I
				ground waters are not exempt under the North Dakota underground injection
				control program in section
				33.1-25-01-05.
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
				33.1-25-01-05.
General Authority:
NDCC 61-28-04;
					 S.L.
					 2017, ch. 199,
					 §
												1
Law Implemented:
NDCC
					 61-28-04
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-16 - Control, Prevention, and Abatement of Pollution of Surface Water › Chapter 33.1-16-02.1 - Standards of Quality for Waters of the State › Section 33.1-16-02.1-11 - 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 whichmay 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 33.1 - Department of Environmental Quality › Article 33.1-16 - Control, Prevention, and Abatement of Pollution of Surface Water › Chapter 33.1-16-02.1 - 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 watercourse, unnamed creeks, or draws not specifically mentioned are
				  classified as class III streams.
RIVER BASINS
SUBBASINS
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
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.
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 33.1-16-02.1 - 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 watercourse, unnamed creeks, or draws not specifically mentioned are
				  classified as class III streams.
RIVER BASINS SUBBASINS TRIBUTARIES
CLASSIFICATION
Missouri River, including Lake Sakakawea and Oahe
								Reservoir
I
Yellowstone
I
Little Muddy River 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
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 of Forest River
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.
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 33.1-16-03.1 - Control of Pollution from Animal Feeding Operations › Section 33.1-16-03.1-01 - Authority

Current through Supplement No. 393, July, 2024
The department of environmental quality has been authorized
				  to provide and administer this chapter relating to the control of pollution
				  from animal feeding operations under the provisions of North Dakota Century
				  Code section 61-28-04.
General Authority:
NDCC 61-28-04; S.L.2017,
					 ch.199, § 1
Law Implemented:
NDCC
					 61-28-04
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-16 - Control, Prevention, and Abatement of Pollution of Surface Water › Chapter 33.1-16-03.1 - Control of Pollution from Animal Feeding Operations › Section 33.1-16-03.1-02 - Scope and purpose

Current through Supplement No. 393, July, 2024
This chapter establishes procedures governing the application
				  for, and the issuance, denial, modification, and revocation of, permits for
				  animal feeding operations to maintain beneficial uses of and prevent
				  degradation of quality of the waters of the state.
General Authority:
NDCC 61-28-04; S.L.2017,
					 ch.199, § 1
Law Implemented:
NDCC
					 61-28-04
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-16 - Control, Prevention, and Abatement of Pollution of Surface Water › Chapter 33.1-16-03.1 - Control of Pollution from Animal Feeding Operations › Section 33.1-16-03.1-03 - Definitions

Current through Supplement No. 393, July, 2024
The terms used throughout this chapter have the same meaning
				  as in North Dakota Century Code chapter 61-28, except:
1. "Animal feeding operation" means a lot or
				facility, other than an aquatic animal production facility, where the following
				conditions are met:
a. Animals, other than
				aquatic animals, have been, are, or will be stabled or confined and fed or
				maintained for a total of forty-five days or more in any twelve-month period;
				and
b. Crops, vegetation, forage
				growth, or post-harvest residues are not sustained in the normal growing season
				over any portion of the lot or facility.
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 33.1-16-03.1 - Control of Pollution from Animal Feeding Operations › Section 33.1-16-03.1-04 - Designation of concentrated animal feeding operations

Current through Supplement No. 393, July, 2024
1. The department
				may designate any small animal feeding operation as a concentrated animal
				feeding operation upon determining that it is a significant contributor of
				pollutants to waters of the state. In making this designation, the department
				shall consider the following factors:
a. The
				size of the animal feeding operation and the amount of wastes reaching waters
				of the state;
b. The location of
				the animal feeding operation relative to waters of the state;
c. The means of conveyance of animal wastes,
				manure, and process wastewater into waters of the state; and
d. The slope, vegetation, rainfall and other
				factors affecting the likelihood or frequency of discharge of animal wastes,
				manure, and process wastewater into waters of the state.
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 33.1-16-03.1 - Control of Pollution from Animal Feeding Operations › Section 33.1-16-03.1-05 - Operations requiring a permit

Current through Supplement No. 393, July, 2024
The operator of an animal feeding operation shall apply for a
				  state animal feeding operation permit as follows:
1. Any animal feeding operation that has been
				defined as a concentrated animal feeding operation in section
				33.1-16-03.1-03 or designated a
				concentrated animal feeding operation under section
				33.1-16-03.1-04 must obtain a
				state animal feeding operation permit.
2. Any medium animal feeding operation where
				manure or process wastewater from the operation causes or is likely to cause
				water pollution and is located within one-fourth mile [.40 kilometer] of a
				stream or surface water that contains water, except for infrequent periods of
				severe drought, shall apply for a state animal feeding operation permit. Waters
				completely contained on an owner's property and which do not combine or affect
				a junction with natural surface or underground waters are not
				included.
3. A medium or small
				animal feeding operation shall apply for a state animal feeding operation
				permit when the department has determined that manure or process wastewater
				from the operation causes or is likely to cause water pollution. In making this
				determination, the department shall consider the following factors:
a. The size of the animal feeding operation
				and the amount of wastes reaching waters of the state;
b. The location of the animal feeding
				operation relative to waters of the state;
c. The means of conveyance of animal wastes,
				manure, and process wastewater into waters of the state; and
d. The slope, vegetation, rainfall, and other
				factors affecting the likelihood or frequency of discharge of animal wastes,
				manure, and process wastewater into waters of the state.
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 33.1-16-03.1 - Control of Pollution from Animal Feeding Operations › Section 33.1-16-03.1-06 - No potential to pollute determination [Reserved]

Current through Supplement No. 393, July, 2024
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 33.1-16-03.1 - Control of Pollution from Animal Feeding Operations › Section 33.1-16-03.1-08 - Facility requirements

Current through Supplement No. 393, July, 2024
1. A facility
				requiring a permit under this chapter must be located, designed, built,
				maintained, and operated to limit or prevent pollution of or the discharge of
				pollutants into waters of the state consistent with the North Dakota Livestock
				Program Design Manual, best professional judgment, best management practices,
				and pursuant to the requirements of North Dakota Century Code chapter 61-28,
				this chapter, and the facility's state animal feeding operation permit.
2. Nutrient management plan. A
				nutrient management plan must be developed and a copy maintained onsite by the
				owner or operator of any facility that land applies manure, litter, or process
				wastewater to cropland or grassland and is required to obtain a permit. These
				facilities must land apply manure, litter, or process wastewater in accordance
				with the current properly developed nutrient management plan. At a minimum the
				nutrient management plan must contain the following information:
a. Description of the land to which an
				operator has access for applying manure or process wastewater, and adequate
				information to demonstrate that manure or process wastewater, or both, will be
				applied at agronomic rates. The agronomic rate for nitrogen must not exceed the
				plant utilization rate for the cropping year. Phosphorous must not be applied
				at rates exceeding the recommendations based on either the North Dakota
				phosphorous index, the North Dakota state university extension service soil
				tests, or other risk assessment methods approved by the department.
b. The proposed method and timing of land
				application of manure and process wastewater.
c. The precautions that will be taken to:
(1) Prevent manure and process wastewater
				from reaching waters of the state or areas where they have the potential to
				impact waters of the state; and
(2)
				Minimize odors to residences, and public areas where people are present during
				transport and land application of manure.
d. Other information specified in the North
				Dakota Livestock Program Design Manual.
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 33.1-16-03.1 - Control of Pollution from Animal Feeding Operations › Section 33.1-16-03.1-09 - Recordkeeping and reporting requirements

Current through Supplement No. 393, July, 2024
1. The operator of
				a facility requiring a permit under this chapter shall record and maintain the
				following for a period of not less than three years:
a. Any sampling, testing, and monitoring
				results as required by this chapter or by the department;
b. Maintenance and inspection records for
				water pollution control structures;
c. Reports and data required by this chapter,
				the North Dakota Livestock Program Design Manual, and the permit; and
d. A copy of this permit.
The department may request an extension of the record
				  retention period if a facility has failed to comply with these rules or permit
				  conditions or during the course of any unresolved litigation regarding the
				  discharge of pollutants by the operation. The information shall be provided to
				  department representatives upon request.
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 33.1-16-03.1 - Control of Pollution from Animal Feeding Operations › Section 33.1-16-03.1-10 - Enforcement and compliance

Current through Supplement No. 393, July, 2024
1. The department
				shall evaluate all reports, notifications, and data submitted by an operator in
				compliance with this chapter and the state animal feeding operation permit. The
				department shall investigate all apparent violations for possible enforcement
				action pursuant to North Dakota Century Code section 61-28-08.
2. No person may knowingly make a false
				statement, representation, or certification in any application, record, report,
				plan, or other document filed or required under this chapter or the permit. No
				person may knowingly falsify, tamper with, or provide inaccurate information
				regarding a monitoring well or other device required under this chapter or the
				permit.
3. Operators of permitted
				facilities that are not operating properly shall update those facilities to
				achieve compliance with this chapter and the conditions of the permit within a
				time frame approved by the department.
4. If the department finds that a facility,
				which has not been covered by a state animal feeding operation permit within
				the last five years, is causing or is likely to cause pollution of waters of
				the state, or poses a significant threat to public health or safety, the
				operator will be notified that actions shall be taken to prevent the
				pollution.
5. Within one hundred
				and twenty days following the notification described in subsection 4, the
				operator shall submit a compliance plan to prevent the facility from impacting
				waters of the state.
a. The compliance plan
				shall be prepared in accordance with the minimum requirements of this chapter
				and the North Dakota Livestock Program Design Manual. The plan shall contain
				adequate information to enable the department to determine whether the proposed
				measures will abate or prevent pollution of waters of the state. The operator
				also shall present a proposed schedule for plan implementation and
				completion.
b. If the compliance
				plan allows for operation of the facility in a manner that will not cause nor
				likely cause pollution of waters of the state, the department will issue a
				permit with a compliance schedule for construction. Approval of the permit
				shall be contingent upon any changes which may be required by the department
				after its review of the proposed plan. The construction must be completed
				within the time frame specified in the compliance schedule.
c. If the approved compliance plan needs to
				be modified or amended during construction, the operator shall notify the
				department prior to making any modifications or amendments and they must be
				approved by the department.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-16 - Control, Prevention, and Abatement of Pollution of Surface Water › Chapter 33.1-16-03.1 - Control of Pollution from Animal Feeding Operations › Section 33.1-16-03.1-11 - Departmental inspection

Current through Supplement No. 393, July, 2024
Authorized representatives of the department may request
				  access to a facility site under authority of North Dakota Century Code Section
				  61-28-04. The owner or operator of a facility may request to see the
				  representatives' credentials. Authorized representatives of the department
				  shall be allowed:
1. To enter the
				facility site or area in which any records required to be kept under terms and
				conditions of the permit, are stored;
2. To have access to and copy any records
				required to be kept under terms and conditions of the permit;
3. To inspect any monitoring equipment or
				water pollution control structures at the facility; or
4. To sample any discharge of pollutants.
The department representatives will abide by all security
				  measures implemented by the owner or operator to protect the health and safety
				  of the workers and the animals at the facility.
General Authority:
NDCC 61-28-04; S.L.2017,
					 ch.199, § 1
Law Implemented:
NDCC
					 61-28-04
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-16 - Control, Prevention, and Abatement of Pollution of Surface Water › Chapter 33.1-16-03.1 - Control of Pollution from Animal Feeding Operations › Section 33.1-16-03.1-12 - Prohibited activities

Current through Supplement No. 393, July, 2024
It shall be unlawful for any person:
1. To feed any livestock on the ice cover of
				streams or lakes.
2. To create or
				maintain an immediate threat to human, public, or environmental
				health.
3. To dispose of an animal
				carcass along or in any stream, lake, river, or other surface water; to bury
				the carcass near any such surface water; to dispose of a carcass in an area
				that will discharge into waters of the state; to dispose of a carcass in any
				structure used to store or treat liquid manure, process wastewater, or storm
				water unless the department-approved system is designed for such a purpose; or
				to dispose of a carcass in a manner that is in violation of North Dakota
				Administrative Code article 33.1-20 or North Dakota Century Code chapter
				36-14.
4. To cause pollution of
				waters of the state or to place or cause to be placed any wastes in a location
				where they are likely to cause pollution of waters of the state.
5. To discharge any pollutants into waters of
				the state thereby reducing the quality so as not to comply with the water
				quality standards established by the department; except facilities that are in
				compliance with subsection 6.
6. To
				discharge manure or process wastewater from a facility except:
a. The overflow of a properly operated manure
				storage structure due to a chronic or catastrophic rainfall greater than a
				twenty-five-year, twenty-four-hour or greater than a one hundred-year,
				twenty-four-hour event for swine, chicken, turkey, or veal calf facilities;
				or
b. Seepage from the manure
				storage structures that is within the standards as specified in the North
				Dakota Livestock Program Design Manual.
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 33.1-16-03.1 - Control of Pollution from Animal Feeding Operations › Section 33.1-16-03.1-13 - Public participation

Current through Supplement No. 393, July, 2024
1. If the
				department determines a significant degree of public interest exists regarding
				new or expanding facilities, or significant revisions to a facility's nutrient
				management plan, it shall issue a public notice requesting comment on
				applications for both individual permits and general state animal feeding
				operation permits.
2. The
				department shall provide a period of not less than thirty days during which
				time interested persons may submit comments. The period of comment may be
				extended at the discretion of the department.
3. The public notice must be placed in the
				official county newspaper or other daily or weekly newspaper circulated in the
				area of the proposed animal feeding operation. In the case of draft general
				permits, the public notice will be placed in applicable official county
				newspapers. The department may also use any other reasonable means to provide
				the public notice information to parties potentially affected.
4. The public notice must include at least
				the following:
a. Name, address, and telephone
				number of the agency issuing the public notice.
b. Name and address of the applicant and a
				brief description of the application information, including the proposed
				location of the facility. The exception would be draft general permits for
				which there is no specific applicant.
c. The date, time, and location of any
				scheduled public meeting or hearing.
d. An explanation of how to view or obtain
				materials (e.g., copy of design plans) related to the application and the
				department's review.
e. An
				explanation of how to submit comments.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-17 - Public Water Supply Systems › Chapter 33.1-17-01 - Public Water Supply Systems in North Dakota › Section 33.1-17-01-01 - Responsibility

Current through Supplement No. 393, July, 2024
It is the responsibility of any supplier of water to comply
				  within the meaning of this chapter pursuant to North Dakota Century Code
				  chapter 61-28.1.
General Authority:
NDCC 61-28.1-03; S.L.2017,
					 ch.199, § 1
Law Implemented:
NDCC 61-28.1-03; S.L.2017,
					 ch.199, § 69
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-17 - Public Water Supply Systems › Chapter 33.1-17-01 - Public Water Supply Systems in North Dakota › Section 33.1-17-01-03 - Coverage

Current through Supplement No. 393, July, 2024
This chapter applies to all public water systems except those
				  public water systems which meet all of the following conditions:
1. Consists only of distribution and storage
				facilities and does not have any collection and treatment facilities;
2. Obtains all of its water from, but is not
				owned or operated by, a public water system to which these regulations
				apply;
3. Does not sell water to
				any person; and
4. Is not a carrier
				which conveys passengers in interstate commerce.
General Authority:
NDCC 61-28.1-03; S.L.2017,
					 ch.199, § 1
Law Implemented:
NDCC 61-28.1-03; S.L.2017,
					 ch.199, § 69
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-17 - Public Water Supply Systems › Chapter 33.1-17-01 - Public Water Supply Systems in North Dakota › Section 33.1-17-01-04 - Designated responsible individuals

Current through Supplement No. 393, July, 2024
The owner or operating entity of each public water system
				  shall designate an individual, or individuals, who shall be responsible for
				  communicating with the department in matters relating to system construction or
				  alteration, monitoring and sampling, maintenance, operation, recordkeeping, and
				  reporting required by these regulations. Any changes in designated individuals
				  or assigned responsibilities shall be promptly reported to the
				  department.
General Authority:
NDCC 61-28.1-03; S.L.2017,
					 ch.199, § 1
Law Implemented:
NDCC 61-28.1-03; S.L.2017,
					 ch.199, § 69
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-17 - Public Water Supply Systems › Chapter 33.1-17-01 - Public Water Supply Systems in North Dakota › Section 33.1-17-01-05 - Approved laboratories and analytical procedures

Current through Supplement No. 393, July, 2024
All samples shall be examined by the department or by any
				  other laboratory certified by the department for drinking water purposes,
				  except that measurements for turbidity and free chlorine may be performed by
				  any person deemed qualified by the department. Turbidity measurements shall be
				  made by a nephelometric method approved by the department. All methods of
				  sample preservation and analyses shall be as prescribed by the department and
				  set forth under title 40 Code of Federal Regulations part
				  141.
General Authority:
NDCC 61-28.1-03; S.L.2017,
					 ch.199, § 1
Law Implemented:
NDCC 61-28.1-03, 61-28.1-07;
					 S.L.2017, ch.199, § 69
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-17 - Public Water Supply Systems › Chapter 33.1-17-01 - Public Water Supply Systems in North Dakota › Section 33.1-17-01-06 - Maximum contaminant levels, action levels, and treatment technique requirements, and maximum residual disinfectant levels

Current through Supplement No. 393, July, 2024
1.
Inorganic
				chemicals.
The maximum contaminant levels, action levels, and treatment
				technique requirements for inorganic chemical contaminants excluding
				disinfection byproducts shall be as prescribed by the department and set forth
				under title 40 Code of Federal Regulations, part 141 subpart G.
CONTAMINANT
MAXIMUM
CONTAMINANT LEVEL
MILLIGRAM(S)
PER LITER
ACTION LEVEL
MILLIGRAM(S)
PER LITER
TREATMENT
TECHNIQUE
REQUIREMENTS
Antimony
0.006
Arsenic
0.010
Asbestos
7 million fibers per liter (longer than ten
						  micrometers)
Barium
2
Beryllium
0.004
Cadmium
0.005
Chromium
0.1
Copper
The
						  90t
													h percentile level Source water
						  and corrosion must be less than or control treatment equal to 1.3
Cyanide (as free cyanide)
0.2
Fluoride
4.0
Lead
The 90t
													h percentile level Source water
						  and corrosion must be less than or control treatment, public equal to 0.015
						  education, and lead service line replacement
Mercury
0.002
Nickel
0.1
Nitrate (as N)
10
Nitrite (as N)
1
Selenium
0.05
Thallium
0.002
Total Nitrate and Nitrite (as N) 10
At the discretion of the department, nitrate levels not to
				  exceed twenty milligrams per liter may be allowed in a noncommunity water
				  system if the supplier of water demonstrates to the satisfaction of the
				  department that:
a. Such water will
				not be available to children under six months of age;
b. There will be continuous posting of the
				fact that nitrate levels exceed ten milligrams per liter and the potential
				health effect of exposure;
c. Local
				and state public health authorities will be notified annually of nitrate levels
				that exceed ten milligrams per liter; and
d. No adverse health effects shall
				result.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-17 - Public Water Supply Systems › Chapter 33.1-17-01 - Public Water Supply Systems in North Dakota › Section 33.1-17-01-07 - Inorganic chemical sampling and monitoring requirements

Current through Supplement No. 393, July, 2024
1. Sampling
				frequency for community and nontransient noncommunity water systems.
a. Inorganics excluding lead and copper.
				Community and nontransient noncommunity water systems shall conduct monitoring
				to determine compliance with the maximum contaminant levels for the inorganic
				chemicals, excluding lead and copper, as set forth under title 40 Code of
				Federal Regulations part 141, subpart C.
b. Lead and copper. Community and
				nontransient noncommunity water systems shall comply with the monitoring and
				treatment technique requirements for lead and copper set forth under title 40
				Code of Federal Regulations part 141, subpart I.
c. Unregulated contaminants. Community and
				nontransient noncommunity water systems shall monitor for sulfate as set forth
				under title 40 Code of Federal Regulations part 141, subpart E.
d. Monitoring waivers. With the exception of
				arsenic, copper, lead, nitrate, and nitrite, the department may grant community
				and nontransient noncommunity water systems waivers from the monitoring
				requirements for the inorganic chemicals as set forth under title 40 Code of
				Federal Regulations part 141, subparts C and E. The department may issue
				monitoring waivers only if the conditions set forth under title 40 Code of
				Federal Regulations part 142, subpart B, are fully met.