Section 33-16-01-08 - Fact sheets1. The department shall prepare, and following public notice, shall send, upon request to any person, a fact sheet with respect to the application described in the public notice, when a draft permit is prepared in the following circumstances: a. The draft permit is for a major facility or a general permit; b. The draft permit incorporates a variance or requires an explanation pursuant to paragraph 3 of subdivision c of subsection 2; or c. The draft permit is subject to widespread public interest or raises major issues. 2. The contents of such fact sheets shall include at least the following information: a. A brief description of the facility or activity and, when appropriate, a sketch or detailed description of the location of the discharge or regulated activity described in the national pollutant discharge elimination system application. b. The type and quantity of wastes, fluids, or pollutants which are proposed to be or are being discharged. c. The tentative determinations required under section 33-16-01-06, in addition to the following: (1) A brief summary of the basis for the draft permit conditions, including references to applicable statutory or regulatory provisions. (2) Any calculation or explanation of the derivation of specific effluent limitations and conditions, including a citation to the applicable effluent limitation guideline or performance standard, and reasons why they are applicable or an explanation of how the alternative effluent limitations were developed. (3) When the draft permit contains limitations to control toxic pollutants, limitations on internal waste steams, limitations on indicator pollutants, or case-by-case limitations derived from technology-based treatment requirements, an explanation of the limitations' applicability. d. A brief citation, including a brief identification of the uses for which the receiving waters have been classified, of the water quality standards and effluent standards and limitations applied to the proposed discharge. e. Reasons why any requested variances or alternatives to required standards do or do not appear justified. f. When applicable, an explanation of the proposed method of regulating users of privately owned treatment works. g. A more detailed description of the procedures for the formulation of final determinations than that given in the public notice, including: (1) The thirty-day comment period required by section 33-16-01-07 and the address where the comments will be received. (2) Any procedures by which the public may participate in the formulation of the final determinations, including procedures for requesting a hearing pursuant to section 33-16-01-11. h. The name and telephone number of a person to contact for additional information. 3. The department shall add the name of any person or group upon request to a mailing list to receive copies of fact sheets. N.D. Admin Code 33-16-01-08
Amended effective October 1, 2002.General Authority: NDCC 61-28-04
Law Implemented: NDCC 61-28-04