Section 33-16-01-13 - Application of effluent standards and limitations, water quality standards, and other requirements All of the terms and conditions of any permit issued by the department will comply with the following requirements whenever applicable:
1. Effluent limitations as incorporated by reference in sections 33-16-01 -30 and 33-16-01-31. 2. Standards of performance for new sources as incorporated by reference in section 33-16-01-31. 3. Effluent standards or prohibitions for toxic pollutants as incorporated by reference in section 33-16-01-29. 4. Pretreatment standards for the introduction of pollutants into treatment works as incorporated by reference in section 33-16-01-31. 5. Water quality standards, classifications, or effluent requirements established pursuant to North Dakota Century Code sections 61-28-04 and 61-28-05 if such standards and requirements are more stringent than those described in subsections 1 through 4. 6. Water quality standards and total maximum daily loads established pursuant to the authority and guidelines specified in the Federal Water Pollution Control Act and properly transmitted to the department. 7. Prior to the adoption of effluent limitations and standards by the administrator under the Federal Water Pollution Control Act, any such additional conditions as the department determines are necessary to carry out the provisions of that Act. 8. Any applicable regulations promulgated by the secretary of the department in which the coast guard is operating regulating the discharge of pollutants from vessels. 9. Any more stringent legally applicable requirements necessary to comply with a plan approved pursuant to section 208(b) of the Federal Water Pollution Control Act. 10. When an issued national pollutant discharge elimination system permit applies the effluent standards and limitations described in subsections 1 through 4, the department must state that the discharge authorized by the permit will not violate applicable water quality standards and must have prepared some explicit verification of that statement. 11. When an issued national pollutant discharge elimination system permit applies any more stringent effluent limitation based upon applicable water quality standards, a waste load allocation must be prepared to ensure that the discharge authorized by the permit is consistent with applicable water quality standards. 12. National pollutant discharge elimination system permits shall include limitations, standards, and other permit conditions in compliance with the requirements of 40 Code of Federal Regulations, part 122.44, [ 40 CFR 122.44 ], which is incorporated into this chapter by reference. N.D. Admin Code 33-16-01-13
Amended effective October 1, 2002.General Authority: NDCC 61-28-04
Law Implemented: NDCC 61-28-04