N.D. Admin. Code tit. 33.1, art. 33.1-16, ch. 33.1-16-02.1, tbl. 1

Current through Supplement No. 395, January, 2025
Table 1 - MAXIMUM LIMITS FOR SUBSTANCES IN OR CHARACTERISTICS OF CLASSES I, IA, II, AND III STREAMS

CAS1 No .

Substance or Characteristic

(a = aquatic life)

(b = municipal & domestic drinking water)

(c = agricultural, irrigation, industrial)

(d = recreation)

Maximum Limit

7429905

Aluminum2 (a)

Acute Standard

750 micrograms per liter (µg/l)

Chronic Standard

87 µg/l

Where the pH is equal to or greater than 7.0, and the hardness is equal to or greater than 50 mg/l as CaCO3 in the receiving water after mixing, the 87 µg/l chronic total recoverable aluminum criterion will not apply, and aluminum will be regulated based on compliance with the 750 µg/l acute total recoverable aluminum criterion.

7446-41-7

Ammonia (Total as N) (a)

Acute Standard

The one-hour average concentration of total ammonia as nitrogen in mg/l does not exceed, more often than once every three years on the average, the numerical value given by the following:

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Where Oncorhynchus are absent; or

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Where Oncorhynchus are present

Chronic Standard

The 30-day rolling average concentration of total ammonia as nitrogen expressed in mg/l is not to exceed, more than once every three years on average, the chronic criteria magnitude calculated using the following formula:

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In addition, the highest four-day average within the 30-day averaging period should not be more than 2.5 times the criteria more than once in three years on average.

7440-39-3

Barium (Total) (b)

1.0 mg/l (1-day arithmetic average)

7440-42-8

Boron (Total) (c)

0.75 mg/l (30-day arithmetic average)

16887-00-6

Chloride (Total) (a, b, c)

Class I: 100 mg/l (30-day arithmetic average)

Class IA: 175 mg/l (30-day arithmetic average)

Class II and Class III: 250 mg/l (30-day arithmetic average)

7782-50-5

Chlorine Residual (Total) (a)

Acute: 0.019 mg/l

Chronic: 0.011 mg/l

None

Cylindrospermopsin (d)

15 µ/l For Clean Water Act water quality criterion, no more than 3 excursions (10-day assessment periods) within a single recreational season in a single year.

None

Microcystins (d)

8 µ/l For Clean Water Act water quality criterion, no more than 3 excursions (10-day assessment periods) within a single recreational season in a single year.

7782-44-7

Dissolved Oxygen (a)

5 mg/l as a daily minimum (up to 10% of representative samples collected during any 3-year period may be less than this value provided that lethal conditions are avoided)

14797-55-8

Nitrate as N3 (a, b)

1.0 mg/l (up to 10% of samples may exceed)

14797-65-0

Nitrite as N (b)

1.0 mg/l

None

E. coli4 (d)

Not to exceed 126 organisms per 100 ml as a geometric mean of representative samples collected during any 30-day consecutive period, nor shall more than 10 percent of samples collected during any 30-day consecutive period individually exceed 409 organisms per 100 ml. For assessment purposes, the 30-day consecutive period shall follow the calendar month. This standard shall apply only during the recreation season May 1 to September 30.

None

pH (a)

Class I and IA: 6.5 - 9.0 (up to 10% of representative samples collected during any 3-year period may exceed this range, provided that lethal conditions are avoided).

Class II and Class III: 6.0 - 9.0 (up to 10% of representative samples collected during any 3-year period may exceed this range, provided that lethal conditions are avoided).

108-95-2

Phenols (Total) (b)

0.3 mg/l (organoleptic criterion) (one-day arithmetic average)

7782-49-2

Selenium in Fish

Flesh5 (a)

Egg-Ovary: 15.1 mg/kg Dry Weight

Whole Body: 8.5 mg/kg Dry Weight

Muscle: 11.3 mg/kg Dry Weight

7440-23-5

Sodium (b, c)

Class I: 50 percent of total cations as milliequivalents per liter (mEq/l)

Class IA, II, and III: 60 percent of total cations as mEq/l

18785-72-3

Sulfates (Total as SO4) (b)

Class I: 250 mg/l (30-day arithmetic average)

Class IA and II: 450 mg/l (30-day arithmetic average)

Class III: 750 mg/l (30-day arithmetic average)

Sulfates (Total as SO4) (a, b)

Site Specific: 750 mg/l (maximum) applies to the Sheyenne River from its headwaters to 0.1 mile downstream from Baldhill Dam

131.10(b) requirement: The water quality standards for the Red River and the portions of the Sheyenne River located downstream from the segment of the Sheyenne River to which the site-specific sulfate standard applies must continue to be maintained. The Sheyenne River from 0.1 mile downstream from Baldhill Dam to the confluence with the Red River shall not exceed 450 mg/l sulfate (total) 30-day arithmetic average, and the Red River shall not exceed 250 mg/l sulfate (total) 30-day arithmetic average after mixing downstream from the confluence of the Sheyenne River. Regulated pollution control efforts must be developed to achieve compliance with these water quality standards.

None

Temperature (a)

Eighty-five degrees Fahrenheit [29.44 degrees Celsius]. The maximum increase shall not be greater than five degrees Fahrenheit [2.78 degrees Celsius] above natural background conditions.

None

Combined radium 226 and radium 228 (Total) (b)

5 pCi/l (30-day arithmetic average)

None

Gross alpha particle activity, including

15 pCi/l (30-day arithmetic average)

radium 226, but excluding radon and uranium (b)

1 CAS No. is the chemical abstract service registry number. The registry database contains records for specific substances identified by the chemical abstract service.

2 The US EPA 2018 recommended national criteria (304(a) criteria) for aluminum can be used for site-specific chronic and acute criteria when appropriate and data is available. The criteria is based upon multiple linear regression (MLR) models for fish and invertebrate species. Data requirements are pH, DOC, and total hardness to quantify the effects of these water chemistry parameters on the bioavailability and associated toxicity of aluminum to aquatic organisms.

3 The standard for nitrates (N) is intended as benchmark concentration when stream or lake specific data is insufficient to determine the concentration that will cause excessive plant growth (eutrophication). However, in no case shall the concentration for nitrate plus nitrite N exceed 10 mg/l for any waters used as a municipal or domestic drinking water supply.

4 Where the E. Coli criteria are exceeded and there are natural sources, the criteria may be considered attained, provided there is reasonable basis for concluding that the indicator bacteria density attributable to anthropogenic sources is consistent with the level of water quality required by the criteria. This may be the situation, for example, in headwater streams that are minimally affected by anthropogenic activities.

5 Fish tissue elements are expressed as steady-state instantaneous measurement not to exceed the criteria in the table. When fish egg/ovary concentrations are measured, the egg/ovary criterion element supersedes any whole-body, or muscle criterion element. The fish flesh values in Table 1 and the water column criteria in Table 2 are independently applicable. Water column criterion elements that are derived site-specifically using an empirical bioaccumulation factor approach or a bioaccumulation mechanistic model approach, once duly established under the provisions of 40 CFR 131 will supersede the criteria in Table 2 and will be subordinate to fish tissue criterion elements when both fish and water concentrations are measured. Any site-specific water column criterion element established under the provisions of 40 CFR 131 is the applicable criterion in the absence of fish tissue measurement, or in waters with new discharges of selenium where steady state has not been achieved between water and fish tissue at the site.

N.D. Admin Code tit. 33.1, art. 33.1-16, ch. 33.1-16-02.1, tbl. 1

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.
Amended by Administrative Rules Supplement 2023-391, January 2024, effective 1/1/2024.