N.D. Admin. Code 33-16-02.1-05
Upon written application by the responsible discharger, the department finds that by reason of substantial and widespread economic and social impacts the strict enforcement of state water quality criteria is not feasible, the department can permit a variance to the water quality standard for the affected segment. The department can set conditions and time limitations with the intent that progress toward improvements in water quality will be made. This can include interim criteria which must be reviewed at least once every three years. A variance will be granted only after fulfillment of the approved requirements at 40 CFR section 131.14, including public participation requirements and environmental protection agency approval. A variance will not preclude an existing use.
A North Dakota pollutant discharge elimination system permit may contain a schedule to return a permittee to compliance with water quality based effluent limits consistent with federal and state regulations. Compliance schedules in North Dakota pollutant discharge elimination system permits are subject to the requirements of section 33-16-01-15 and cannot be issued for new discharges or sources.
N.D. Admin Code 33-16-02.1-05
General Authority: NDCC 61-28-04, 61-28-05
Law Implemented: NDCC 23-33, 61-28