Section 33-16-01-20 - Reissuance of national pollutant discharge elimination system permits1. Any permittee who wishes to continue to discharge after the expiration date of the permittee's permit must file for reissuance of the permittee's permit at least one hundred eighty days prior to its expiration. 2. The request for reissuance of a permit shall be in letterform and contain, as a minimum, the following: a. The permit number and date of issue. b. Any past, present, or future changes in the effluent quantity or quality not reflected in the present permit conditions. 3. The department will review each permit to ensure that the following conditions exist: a. The permittee is in compliance with or has substantially complied with all the terms, conditions, requirements, and schedules of compliance of the expired national pollutant discharge elimination system permit. b. The department has up-to-date information on the permittee's production levels, permittee's waste treatment practices, nature, contents, and frequency of permittee's discharge, either pursuant to the submission of new forms and applications or pursuant to monitoring records submitted to the department by the permittee. c. The discharge is consistent with applicable effluent standards and limitations, water quality standards, and other legally applicable requirements listed in section 33-16-01-13, including any additions to, or revisions or modifications of, such effluent standards and limitations, water quality standards, or other legally applicable requirements during the term of the permit. d. The notice and public participation procedures set out in section 33-16-01-06 shall be followed for every reissuance under this chapter. e. Notwithstanding any other provision in this chapter, any point source the construction of which is commenced after the date of enactment of the Federal Water Pollution Control Act Amendments of 1972 and which is so constructed as to meet all applicable standards of performance shall not be subject to any more stringent standard of performance during a ten-year period beginning on the date of completion of such construction or during the period of depreciation or amortization of such facility for the purposes of section 167 or 169 (or both) of the federal Internal Revenue Code of 1954, whichever period ends first. General Authority: NDCC 61-28-04
Law Implemented: NDCC 61-28-04
N.D. Admin Code 33-16-01-20