N.D. Admin. Code 33.1-16-02.1-11

Current through Supplement No. 395, January, 2025

Section 33.1-16-02.1-11 - Discharge of wastes

On-surface discharges. The following are general requirements for all waste discharges or chemical additions:

1. No untreated domestic sewage shall be discharged into the waters of the state.

2. No untreated industrial wastes or other wastes which contain substances or organisms whichmay endanger public health or degrade the water quality of water usage shall be discharged into the waters of the state.

3. The department must be notified at least twenty days prior to the application of any herbicide or pesticide to surface waters of the state for control of aquatic pests. Only certified applicators are allowed to apply chemicals. The notification must include the following information:

a. Chemical name and composition.

b. Map which identifies the area of application and aerial extent (e.g., acres or square feet).

c. A list of target species of aquatic biota the applicant desires to control.

d. The calculated concentration of the active ingredient in surface waters immediately after application.

e. Name, address, and telephone number of the certified applicator.

4. Any spill or discharge of waste which causes or is likely to cause pollution of waters of the state must be reported immediately. The owner, operator, or person responsible for a spill or discharge must notify the department as soon as possible by telephoning 1-833-99SPILL ( 1-833-997-7455) or on the website www.spill.nd.gov and provide all relevant information about the spill. The owner or operator is required to:

a. Take immediate remedial measures appropriate for the severity of the spill ;

b. Determine the extent of pollution to waters of the state;

c. Provide alternate water sources to water users impacted by the spill or accidental discharge; or

d. Provide on request any documents, reports, or other information relevant to the spill or discharge; or

e. Any other actions necessary to comply with this chapter.

N.D. Admin Code 33.1-16-02.1-11

Adopted by Administrative Rules Supplement 370, October 2018, effective 1/1/2019.

Amended by Administrative Rules Supplement 2021-381, July 2021, effective 7/1/2021.

General Authority: NDCC 61-28-04; S.L. 2017, ch. 199, § 1

Law Implemented: NDCC 23.1-11, 61-28; S.L. 2017, ch. 199, § 26