Section 33-16-01-02.1 - Requests for variance1. Applicants for a national pollutant discharge elimination system permit may request a variance from otherwise applicable effluent limitations under the following provisions: a. The 40 Code of Federal Regulations, part 122.21 (m), variance requests by nonpublicly owned treatment works, [ 40 CFR 122.21(m) ], which is incorporated into this chapter by reference; b. The 40 Code of Federal Regulations, part 122.21 (n), variance requests by publicly owned treatment works, [ 40 CFR 122.21(n) ], which is incorporated into this chapter by reference; and c. The 40 Code of Federal Regulations, part 122.21 (o), expedited variance procedures and time extensions, [ 40 CFR 122.21(o) ], which is incorporated into this chapter by reference. 2. The public notice for a draft permit for which a variance has been requested under section 316(a) of the Federal Water Pollution Control Act shall comply with the provisions of 40 Code of Federal Regulations, part 124.57(a), [ 40 CFR 124.57(a) ], which is incorporated into this chapter by reference. 3. The 40 Code of Federal Regulations, part 124.62, decision on variances, [ 40 CFR 124.62 ] is incorporated into this chapter by reference. N.D. Admin Code 33-16-01-02.1
Effective October 1, 2002.General Authority: NDCC 61-28-04
Law Implemented: NDCC 61-28-04