Notice and public participation

In the formulation of tentative determinations and draft national pollutant discharge elimination system permits, including general permits: 1. The department will prepare a tentative staff determination, with respect to any completed national pollutant discharge elimination system application. Such tentative determinations shall include at least the following: a. A proposed determination to issue or deny a national pollutant discharge elimination system permit for the discharge described in the application. b. If the proposed determination is to issue a national pollutant discharge elimination system permit, the following additional tentative determinations shall be made: (1) Proposed effluent limitations, standards, and prohibitions, identified pursuant to section 33.1-16-01-13 for those pollutants proposed to be limited. (2) If necessary, a proposed schedule of compliance, including interim dates and requirements, for meeting the proposed effluent limitations. (3) Proposed permit conditions pursuant to sections 33.1-16-01-12 and 33.1-16-01-13. (4) Proposed monitoring requirements pursuant to section 33.1-16-01-12. (5) Proposed variances pursuant to section 33.1-16-01-02.1. (6) A brief description of any other proposed special condition which will have a significant impact upon the discharge described in the national pollutant discharge elimination system application. 2. The department shall organize the tentative determinations prepared pursuant to subsection 1 into a draft national pollutant discharge elimination system permit for the discharge which is the subject of the application.