Section 33-16-01-16 - Other terms and conditions of issued national pollutant discharge elimination system permits1. All discharges authorized by the national pollutant discharge elimination system permit shall be consistent with the terms and conditions of the permit; that facility expansions, production increases, or process modifications which result in new or increased discharge of pollutants must be reported by submission of a new national pollutant discharge elimination system application or, if such discharge does not violate effluent limitations specified in the national pollutant discharge elimination system permit, by submission to the department of notice of such new or increased discharges of pollutants; that the discharges of any pollutant more frequently than or at a level in excess of that identified and authorized by the permit shall constitute a violation of the terms and conditions of the permit. 2. A permit may be transferred by the permittee to a new owner or operator in either of the following ways: a. The current permittee may request that the department modify or revoke and reissue the permit to identify the new permittee, and incorporate any other requirements as may be necessary under the Federal Water Pollution Control Act; or b. The current permittee may notify the department in writing at least thirty days in advance of the proposed transfer date. The notice shall include a written agreement between the current and new permittees containing a specific date of transfer of permit responsibility, coverage, and liability between them. Unless the department notifies the current permittee that the permit will be transferred by modification or revocation and reissuance, the transfer will be effective on the date specified in the agreement. 3. A permit may be modified, suspended, or revoked in whole or in part during its term, or denied renewal, for cause, including the following: a. Violation of any terms or conditions of the permit. b. Obtaining a permit by misrepresentation or failure to disclose fully all relevant facts. c. A change in any condition that requires either a temporary or permanent reduction or elimination of the permitted discharge. d. A determination that the permitted activity endangers human health or the environment and can only be regulated to acceptable levels by permit modification, suspension, or revocation. e. If the department receives notice of a proposed perm it transfer, the permit may be modified or revoked and reissued, but may not be suspended or denied renewal unless other cause exists. 4. The permittee shall permit an authorized representative of the department upon presentation of the representative's credentials: a. To enter upon permittee's premises in which an effluent source is located or in which any records are required to be kept under terms and conditions of the permit. b. To have access to and copy any records required to be kept under terms and conditions of the permit. c. To inspect any monitoring equipment or method required in the permit. d. To sample any discharge of pollutants. 5. Publicly owned treatment works shall provide notice to the department in the following situations: a. Any new introduction of pollutants into such treatment works from a new source, if such source would be subject to the provisions of section 306 of the Federal Water Pollution Control Act and if such source was discharging such pollutants. b. Except as to such categories and classes of point sources or discharges specified by the department, any new introduction of pollutants into such treatment works from a source which would be subject to the Act if such source were discharging pollutants. c. Any substantial change in volume or character of pollutants being introduced into such treatment works by a source introducing pollutants into such works at the time of issuance of the permit. Such notice shall include information on (a) the quality and quantity of effluent to be introduced into such treatment works and (b) any anticipated impact of such change in the quantity or quality of effluent to be discharged from such publicly owned treatment works.
d. If the permit is for a discharge from a publicly owned treatment works, the permittee shall require any industrial user of such treatment works to comply with the requirements of sections 204(b), 307, and 308 of the Federal Water Pollution Control Act. As a means of ensuring such compliance, the permittee shall require of each industrial user subject to the requirements of section 307 of that Act and shall forward a copy to the department periodic notice over intervals not to exceed nine months of progress toward full compliance with section 307 requirements. e. The permittee at all times shall maintain in good working order and operate as efficiently as possible any facilities or systems of control installed by the permittee to achieve compliance with the terms and conditions of the permit. f. If a toxic effluent standard or prohibition is established pursuant to section 307 of the Federal Water Pollution Control Act for a toxic pollutant which is present in the permittee's discharge, and if such standard or prohibition is more stringent than any limitation upon such pollutant in the national pollutant discharge elimination system permit, the department shall revise or modify the permit in accordance with such toxic effluent standard or prohibition and so notify the permittee. N.D. Admin Code 33-16-01-16
Amended effective October 1, 2002.General Authority: NDCC 61-28-04
Law Implemented: NDCC 61-28-04