North Dakota Administrative Code

land application. 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 33.1-25-01, or as provided in applicable regulations of the state industrial commi…

1. Coverage. The department may issue a general permit in accordance with the following: 25 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 a…

Conflicts of interest shall comply with 40 CFR part 123.25(c), which is incorporated into this chapter by reference. History: Effective January 1, 2019. General Authority: NDCC 61-28-04; S.L. 2017, ch. 199, § 1 Law Implemented: NDCC 61-28-04

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 No…

40 CFR 129 is incorporated into this chapter by reference. History: Effective January 1, 2019. General Authority: NDCC 61-28-04; S.L. 2017, ch. 199, § 1 Law Implemented: NDCC 61-28-04 27

40 CFR 133 is incorporated into this chapter by reference. History: Effective January 1, 2019. General Authority: NDCC 61-28-04; S.L. 2017, ch. 199, § 1 Law Implemented: NDCC 61-28-04

The 40 Code of Federal Regulations, subchapter N, with the exception of part 403, as it exists on February 12, 2003, is incorporated into this chapter by reference. History: Effective January 1, 2019. General Authority: NDCC 61-28-04; S.L. 2017, ch. 199, § 1 Law Implemented: NDCC…

system. 1. Criteria and standards for imposing technology-based treatment requirements under sections 301(b) and 402 of the Act, 40 CFR 125, subpart A, is incorporated into this chapter by reference. 2. Criteria for issuance of permits to acquaculture projects, 40 CFR 125, subpar…

The definitions in section 33.1-16-01-01 apply to this chapter unless defined differently below. 1. "Act" means Federal Water Pollution Control Act, also known as the Clean Water Act, as amended [33 U.S.C. 1251, et seq.]. 2. "Approval authority" means the department. 3. "Best man…

1. This chapter establishes responsibilities of state and local government, industry, and the public to implement the national pretreatment standards to control pollutants, which pass 4 through or interfere with treatment processes in publicly owned treatment works or which conta…

The following prohibitions apply to each industrial user whether or not the user is subject to other pretreatment standards or any national, state, or local pretreatment requirements: 1. General prohibitions. An industrial user may not introduce into a publicly owned treatment wo…

1. Each publicly owned treatment works developing an approved pretreatment program shall develop and enforce specific limits to implement the prohibitions of section 33.1-16-01.1-02. Each publicly owned treatment works with an approved pretreatment program shall continue to devel…

Nothing in this chapter is intended to affect any pretreatment requirements, including any standards or prohibitions, established by local law as long as the local requirements are not less stringent than any set forth in national or state pretreatment standards or regulations, o…

1. Industrial users shall comply with all applicable pretreatment standards and requirements. 2. Pretreatment standards and regulations specifying quantities or concentrations of pollutants or pollutant properties which may be discharged to a publicly owned treatment works by exi…

publicly owned treatment works. 1. The following publicly owned treatment works shall develop and submit for department approval a pretreatment program within one year after receiving notice that program development is required: a. Any publicly owned treatment works with a total …

1. Each publicly owned treatment works pretreatment program shall satisfy the program element requirements described in appendix A. 2. The publicly owned treatment works may request conditional approval of the pretreatment program pending the acquisition of funding and personnel …

packages. The submission package for publicly owned treatment works pretreatment program approval must include each of the items described in appendix B. Three copies of the submission package shall be submitted to the department as a formal request for approval. History: Effecti…

programs and requests for authority to grant removal credits. 1. Within sixty days after receiving a request for publicly owned treatment works pretreatment program approval or a request for authority to grant removal credits, the department shall make a preliminary determination…

1. Within twenty days of determining that a submission for publicly owned treatment works pretreatment program approval or removal credit authorization is complete, the department shall issue a public notice of request for approval of the submission. 2. The public notice shall be…

1. An applicant for publicly owned treatment works pretreatment program approval or removal credit authorization, affected state, interested state agency or federal agency, or interested person or group of persons may request a public hearing or public meeting with respect to the…

1. Publicly owned treatment works that are required to develop a pretreatment program and industrial users which are subject to pretreatment standards shall install, calibrate, use, and maintain the monitoring equipment or methods, including if appropriate, biological monitoring …

1. Each categorical industrial user shall submit a complete baseline monitoring report to the control authority. a. The baseline monitoring report shall be submitted on the appropriate baseline monitoring reporting form, in accordance with 40 CFR 403.12(b). In cases where the sta…

1. Publicly owned treatment works with approved pretreatment programs shall submit to the department on an annual basis a report describing the program activities. Reports shall be due March twenty-eighth. Each report shall include, at a minimum: a. An updated list of the publicl…

1. Removal credits, 40 CFR 403.7, is incorporated into this chapter by reference. 2. Pollutants eligible for a removal credit, appendix G to 40 CFR 403, is incorporated into this chapter by reference. 3. The department shall utilize the procedure prescribed in section 33.1-16-01.…

different factors. Variances from categorical pretreatment standards for fundamentally different factors, 40 CFR 403.13, is incorporated into this chapter by reference. History: Effective January 1, 2019. General Authority: NDCC 61-28-04, 61-28-05; S.L. 2017, ch. 199, § 1 Law Imp…

Net/gross calculation, 40 CFR 403.15, is incorporated into this chapter by reference. History: Effective January 1, 2019. General Authority: NDCC 61-28-04, 61-28-05; S.L. 2017, ch. 199, § 1 Law Implemented: NDCC 61-28-04

1. An upset shall constitute an affirmative defense to an action brought for noncompliance with categorical pretreatment standards if the following criteria are demonstrated through properly signed, contemporaneous operating logs, or other relevant evidence: a. An upset occurred …

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. Th…

Modification of publicly owned treatment works pretreatment programs, 40 CFR 403.18, is incorporated into this chapter by reference. History: Effective January 1, 2019. General Authority: NDCC 61-28-04, 61-28-05; S.L. 2017, ch. 199, § 1 Law Implemented: NDCC 61-28-04 20…

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…

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 …

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. History: Effective January 1, 2019. General Authority: NDCC 61-28-04; S.L. 2017, ch. 199, § 1 Law Implemented: NDCC 23.1-11,…

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 i…

Nothing in this chapter may be construed to limit or interfere with the jurisdiction, duties, or authorities of other North Dakota state agencies. History: Effective January 1, 2019. General Authority: NDCC 61-28-04; S.L. 2017, ch. 199, § 1 Law Implemented: NDCC 23.1-11, 61-28; S…

The terms used in this chapter have the same meaning as in North Dakota Century Code chapter 61-28, except: 1. "Acute standard" means the one-hour average concentration does not exceed the listed concentration more than once every three years. 2. "Best management practices" are m…

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 …

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. History: Effective January…

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…

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…

1. Surface water classifications. Procedures for the classifications of streams and lakes of the state shall follow this subsection. Classifications of streams and lakes are listed in appendix I and appendix II, respectively. a. Class I streams. The quality of the waters in this …

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 undergrou…

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 …

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. History: Effective January 1, 2019. General A…

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. History: Effective Jan…

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 t…

operations under common ownership are considered to be a single animal feeding operation if they adjoin each other or if they use a common area or system for the disposal of wastes. 5. "Earthen storage pond" or "pond" means a topographic depression either below or above ground le…

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 …

[Reserved].

1. Any new or existing facility that is proposing an increase in the number of animals above the level allowed in the current permit or above the level where a permit is required under section 33.1-16-03.1-05, shall apply for and obtain a state animal feeding operation permit pri…

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 9 state consistent with the North Dakota Livestock Program Design Manual, best profess…