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 33.1-16-01-20 - Reissuance of national pollutant discharge elimination system permits
Universal Citation: ND Admin Code ยง 33.1-16-01-20
Current through Supplement No. 394, October, 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 letter form 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.
3. The department will review each permit to ensure that the following conditions exist:
a. The permittee is in compliance with
or has substantially complied with all the terms, conditions, requirements, and
schedules of compliance of the expired national pollutant discharge elimination
system permit.
b. The department
has up-to-date information on the permittee's production levels, permittee's
waste treatment practices, nature, contents, and frequency of permittee's
discharge, either pursuant to the submission of new forms and applications or
pursuant to monitoring records submitted to the department by the
permittee.
c. The discharge is
consistent with applicable effluent standards and limitations, water quality
standards, and other legally applicable requirements listed in section
33.1-16-01-13, including any
additions to, or revisions or modifications of, such effluent standards and
limitations, water quality standards, or other legally applicable requirements
during the term of the permit.
d.
The notice and public participation procedures set out in section
33.1-16-01-06 shall be followed
for every reissuance under this chapter.
e. Notwithstanding any other provision in
this chapter, any point source the construction of which is commenced after the
date of enactment of the Federal Water Pollution Control Act Amendments of 1972
and which is so constructed as to meet all applicable standards of performance
shall not be subject to any more stringent standard of performance during a
ten-year period beginning on the date of completion of such construction or
during the period of depreciation or amortization of such facility for the
purposes of section 167 or 169 (or both) of the federal Internal Revenue Code
of 1954, whichever period ends first.
General Authority: NDCC 61-28-04; S.L.2017, ch.199, § 1
Law Implemented: NDCC 61-28-04
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