Section 33-16-01-02 - Acquisition of data1. Application for a national pollutant discharge elimination system permit. Any person who discharges any waste through a point source into a surface water or conducts any activity which requires a valid permit under North Dakota Century Code section 61-28-06 must file a completed national pollutant discharge elimination system application.2. Any person who commences discharge of any waste through a point source into a surface water or conduct of any activity which requires a valid permit under North Dakota Century Code section 61-28-06 after the effective date of this chapter shall either:a. File a completed national pollutant discharge elimination system application no less than one hundred eighty days prior to the day on which it is desired to commence operation of the waste disposal operation; orb. File a completed national pollutant discharge elimination system application in sufficient time prior to the commencement of waste disposal operations to allow the department to ensure compliance with any applicable water quality standards and effluent standards and the requirements of sections 306 and 208(b) and (c) of the Federal Water Pollution Control Act.3. Application requirements. a. All applications must comply with 40 Code of Federal Regulations, part 122.21(f), which is incorporated into this chapter by reference.b. Applications by manufacturing, commercial, mining, and silvicultural dischargers shall comply with 40 Code of Federal Regulations, part 122.21(g), which is incorporated into this chapter by reference.c. Applications by manufacturing, commercial, mining, and silvicultural facilities that discharge only nonprocess wastewater shall comply with 40 Code of Federal Regulations, part 122.21(h), which is incorporated into this chapter by reference.d. Applications by concentrated animal feeding operations and aquatic animal production facilities shall comply with 40 Code of Federal Regulations, part 122.21(i), which is incorporated into this chapter by reference.e. Applications from publicly owned treatment works shall comply with 40 Code of Federal Regulations, part 122.21(j), which is incorporated into this chapter by reference.f. Applications from new sources shall comply with 40 Code of Federal Regulations, part 122.21(k), which is incorporated into this chapter by reference.4. The department may require whatever additional information is necessary to complete the processing of the application. No application will be processed by the department until all of the requested information is supplied and the application is complete.5. When a facility or activity is owned by one person but is operated by another person, it is the operator's duty to obtain a permit.6. Applicants shall keep records of all data used to complete permit applications and any supplemental information submitted with an application for a period of at least three years from the date the application is signed.N.D. Admin Code 33-16-01-02
Amended effective October 1, 2002; December 1, 2004.Amended by Administrative Rules Supplement 370, October 2018, effective 10/1/2018.General Authority: NDCC 61-28-04
Law Implemented: NDCC 61-28-04