33.1-16-01-12 - Terms and conditions of national pollutant discharge elimination system permits

33.1-16-01-12. Terms and conditions of national pollutant discharge elimination system permits

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 CFR 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.

2. All national pollutant discharge elimination system permits shall contain, either expressly or by reference, the permit conditions listed in 40 CFR 122.41, which is incorporated into this chapter by reference.

3. National pollutant discharge elimination system permits shall contain all applicable permit conditions listed in 40 CFR 122.42, which is incorporated into this chapter by reference.

4. National pollutant discharge elimination system permit conditions shall be established in compliance with 40 CFR 122.43, which is incorporated into this chapter by reference.

5. National pollutant discharge elimination system permits shall include requirements for recording and reporting of monitoring results in compliance with 40 CFR 122.48, which is incorporated into this chapter by reference.

(Adopted by Administrative Rules Supplement 370, October 2018, effective January 1, 2019.)

General Authority: NDCC 61-28-04; S.L.2017, ch.199, ยง 1

Law Implemented: NDCC 61-28-04

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