Section 33-16-01-26.1 - General permits1.Coverage. The department may issue a general permit in accordance with the following:a. Area. The general permit will be written to cover a category of discharges described in the permit under subdivision b, except those covered by individual permits, within a designated area. The area will correspond to existing geographic or political boundaries or any other appropriate division or combination of boundaries.b. Sources. The general permit may be written to regulate, within the designated area as described in subdivision a, categories of point sources if the sources all: (1) Involve the same or substantially similar types of operations;(2) Discharge the same types of wastes;(3) Require the same effluent limitations or operating conditions;(4) Require the same or similar monitoring; and(5) In the opinion of the department, are more appropriately controlled under a general permit than under individual permits.c. Storm water. The general permit may be written to regulate storm water point sources within the designated area as described in subdivision a.2.Administration.a. General permits may be issued, modified, revoked and reissued, or terminated in accordance with applicable requirements of chapter 33-16-01.b. Requiring an individual permit.(1) The department may require any person authorized by a general permit to apply for and obtain an individual North Dakota pollutant discharge elimination system permit. Any interested person may petition the director to take action under this paragraph. Cases when an individual North Dakota pollutant discharge elimination system permit may be required include the following: (a) The discharge is a significant contributor of pollution as determined by the factors set forth in 33-16-01;(b) The discharger is not in compliance with the conditions of the general North Dakota pollutant discharge elimination system permit;(c) A change has occurred in the availability of demonstrated technology or practices for the control or abatement of pollutants applicable to the point source;(d) Effluent limitation guidelines are promulgated for point sources covered by the general North Dakota pollutant discharge elimination system permit;(e) A North Dakota water quality management plan containing requirements applicable to such point sources is approved;(f) Circumstances have changed since the time of the request to be covered so that the discharger is no longer appropriately controlled under the general permit or either a temporary or permanent reduction or elimination of the authorized discharge is necessary; or(g) The requirements of subsection 1 are not met.(2) Any owner or operator authorized by a general permit may request to be excluded from the coverage of the general permit by applying for an individual permit. The owner or operator shall submit an application under section 33-16-01-02 to the department with reasons supporting the request. The request must be submitted no later than ninety days after the notice by the department in accordance with section 33-16-01-07. The request must be processed under 33-16-01. If the reasons cited by the owner or operator are adequate to support the request, the department may issue an individual permit.(3) When an individual North Dakota pollutant discharge elimination system permit is issued to an owner or operator otherwise subject to a general North Dakota pollutant discharge elimination system permit, the applicability of the general permit to the individual North Dakota pollutant discharge elimination system permittee is automatically terminated on the effective date of the individual permit.(4) A permittee, excluded from a general permit solely because the permittee already has an individual permit, may request that the individual permit be revoked. The permittee shall then request to be covered by the general permit. Upon revocation of the individual permit, the general permit shall apply to the source.3.Federal requirements. The 40 Code of Federal Regulations, part 122.28, general permits, [ 40 CFR 122.28 ] is incorporated into this chapter by reference.N.D. Admin Code 33-16-01-26.1
Effective October 1, 1989; amended effective October 1, 2002; December 1, 2004.Amended by Administrative Rules Supplement 370, October 2018, effective 10/1/2018.General Authority: NDCC 61-28-04
Law Implemented: NDCC 61-28-04