Section 33-16-01.1-11 - General monitoring and reporting requirements1. Publicly owned treatment works that are required to develop a pretreatment program and industrial users which are subject to pretreatment standards shall install, calibrate, use, and maintain the monitoring equipment or methods, including if appropriate, biological monitoring methods, necessary to determine continued compliance with pretreatment standards and requirements.2. All reports submitted by a user or publicly owned treatment works shall conform to the signatory requirements of subsection 12 of section 33-16-01.1-12.3. In addition to the requirements of sections 33-16-01.1-12 and 33-16-01.1-13, industrial users and publicly owned treatment works shall submit any other information and reports required under the North Dakota pollutant discharge elimination system or pretreatment regulation or under state law. 4. All information submitted to the state or publicly owned treatment works shall be available to the public at least to the extent provided by 40 CFR 2.302. Monitoring data and other such data as is necessary to determine whether a user is in compliance with applicable pretreatment standards shall be available to the public without restriction.5. All records of monitoring activity pursuant to sections 33-16-01.1-12 and 33-16-01.1-13 shall conform to the requirements of section 33-16-01-22. The monitoring record shall also include the sampling methods used. The period of retention shall be extended during the course of any unresolved litigation regarding an indirect discharge or the operations of the publicly owned treatment works pretreatment program, or when requested by the department or the administrator of the environmental protection agency. Such records shall be made available for inspection and copying for a reasonable fee by the department and the regional administrator.6. Any publicly owned treatment works to which reports are submitted by industrial users pursuant to section 33-16-01.1-12 shall make such reports available for inspection and copying by the department and the regional administrator. The publicly owned treatment works shall retain such reports for a minimum of three years. The retention period shall be extended during the course of any unresolved litigation regarding the discharge of pollutants by the industrial user or the operation of the publicly owned treatment works pretreatment program, or when requested by the department or the administrator of the environmental protection agency.7. Provisions governing fraud and false statements. The reports and other documents required to be submitted or maintained under this section shall be subject to: a. The provisions of 18 U.S.C. 1001 relating to fraud and false statements;b. The provisions of section 309(c)(4) of the Act, governing false statements, representation or certification; andc. The provisions of section 309(c)(6) of the Act, regarding responsible corporate officers.N.D. Admin Code 33-16-01.1-11
Effective October 1, 2002.Amended by Administrative Rules Supplement 370, October 2018, effective 10/1/2018.General Authority: NDCC 61-28-04, 61-28-05
Law Implemented: NDCC 61-28-04