Section 33-16-01.1-08 - Approval process for publicly owned treatment works pretreatment programs and requests for authority to grant removal credits1. Within sixty days after receiving a request for publicly owned treatment works pretreatment program approval or a request for authority to grant removal credits, the department shall make a preliminary determination of whether the submission is complete. 2. If the submission is determined to be incomplete, the department shall notify the publicly owned treatment works and each person who has requested individual notice, in writing, of the defects identified and of the means by which the publicly owned treatment works can amend its submission package. 3. If the submission is determined to be complete, the department shall: a. Notify the publicly owned treatment works that the submission has been received and is under review; b. Commence public notice activities as prescribed in sections 33-16-01.1-09 and 33-16-01.1-10; and c. Evaluate the submission for compliance with applicable requirements. 4. The department shall have ninety days from the date of public notice of any complete submission to review the submission to determine compliance with the applicable requirements of sections 33-16-01.1-05 and 33-16-01.1-14 and appendix A. The department may have up to an additional ninety days to complete the evaluation if the public comment period is extended beyond thirty days or if a public hearing or public meeting is held. The evaluation period for any submission shall not exceed a total of one hundred eighty days from the date of public notice of any complete submission. 5. Departmental procedures shall allow the transmittal of such documents and data to and from the environmental protection agency and to other appropriate governmental agencies as may be necessary. 6. After the public comment period has ended, and prior to the deadline contained in subsection 4, the department shall approve or deny the submission based upon departmental evaluation and consideration of any comments received. 7. If the submission is denied, the department shall notify the publicly owned treatment works and each person who requested individual notice. The notification shall include suggested modifications and the department may allow the publicly owned treatment works additional time to bring the submission into compliance with applicable requirements. 8. No publicly owned treatment works pretreatment program or request for authorization to grant removal credit allowances shall be approved if, following the public notice period and any hearing or meeting held pursuant to section 33-16-01.1-09, the regional administrator sets forth in writing objections to the approval and the reasons for the objection. A copy of the regional administrator's objections shall be provided to the applicant and each person who has requested individual notice. The regional administrator shall provide an opportunity for written comments and may convene a public hearing on the objections. Unless retracted, the regional administrator's objections shall constitute a final ruling to deny approval of a publicly owned treatment works pretreatment program or authorization to grant removal allowances ninety days after the date the objections are issued. 9. The department shall provide notice of the decision by: a. Notifying those persons who submitted comments and participated in the public hearing or public meeting, if held; and b. Causing to be published a notice of approval or disapproval in the same newspapers as the original notice of request for submission approval was published. The notice shall identify any removal credit authority which was granted as part of the pretreatment program approval. 10. The submission and any comments upon such submission shall be available to the public for inspection and copying. N.D. Admin Code 33-16-01.1-08
Effective October 1, 2002.General Authority: NDCC 61-28-04, 61-28-05
Law Implemented: NDCC 61-28-04