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 33.1-16-01-26.1 - General permits
Universal Citation: ND Admin Code ยง 33.1-16-01-26.1
Current through Supplement No. 395, January, 2025
1. Coverage. The department may issue a general permit in accordance with the following:
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 area. The area will correspond to existing geographic or political
boundaries or any other appropriate division or combination of
boundaries.
b. Sources. The general
permit may be written to regulate, within the designated area as described in
subdivision a, categories of point sources if the sources all:
(1) Involve the same or substantially similar
types of operations;
(2) Discharge
the same types of wastes;
(3)
Require the same effluent limitations or operating conditions;
(4) Require the same or similar monitoring;
and
(5) In the opinion of the
department, are more appropriately controlled under a general permit than under
individual permits.
c.
Storm water. The general permit may be written to regulate storm water point
sources within the designated area as described in subdivision a.
2. Administration.
a. General permits may be issued, modified,
revoked and reissued, or terminated in accordance with applicable requirements
of chapter 33.1-16-01.
b. Requiring
an individual permit.
(1) The department may
require any person authorized by a general permit to apply for and obtain an
individual North Dakota pollutant discharge elimination system permit. Any
interested person may petition the director to take action under this
paragraph. Cases when an individual North Dakota pollutant discharge
elimination system permit may be required include the following:
(a) The discharge is a significant
contributor of pollution as determined by the factors set forth in
33.1-16-01;
(b) The discharger is
not in compliance with the conditions of the general North Dakota pollutant
discharge elimination system permit;
(c) A change has occurred in the availability
of demonstrated technology or practices for the control or abatement of
pollutants applicable to the point source;
(d) Effluent limitation guidelines are
promulgated for point sources covered by the general North Dakota pollutant
discharge elimination system permit;
(e) A North Dakota water quality management
plan containing requirements applicable to such point sources is
approved;
(f) Circumstances have
changed since the time of the request to be covered so that the discharger is
no longer appropriately controlled under the general permit or either a
temporary or permanent reduction or elimination of the authorized discharge is
necessary; or
(g) The requirements
of subsection 1 are not met.
(2) Any owner or operator authorized by a
general permit may request to be excluded from the coverage of the general
permit by applying for an individual permit. The owner or operator shall submit
an application under section
33.1-16-01-02 to the department
with reasons supporting the request. The request must be submitted no later
than ninety days after the notice by the department in accordance with section
33.1-16-01-07. The request must
be processed under 33.1-16-01. If the reasons cited by the owner or operator
are adequate to support the request, the department may issue an individual
permit.
(3) When an individual
North Dakota pollutant discharge elimination system permit is issued to an
owner or operator otherwise subject to a general North Dakota pollutant
discharge elimination system permit, the applicability of the general permit to
the individual North Dakota pollutant discharge elimination system permittee is
automatically terminated on the effective date of the individual
permit.
(4) A permittee, excluded
from a general permit solely because the permittee already has an individual
permit, may request that the individual permit be revoked. The permittee shall
then request to be covered by the general permit. Upon revocation of the
individual permit, the general permit shall apply to the source.
3. Federal requirements. General permits, 40 CFR 122.28, 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
Disclaimer: These regulations may not be the most recent version. North Dakota may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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