Duration and review of national pollutant discharge elimination system permits

Duration of permits, 40 CFR part 122.46, is incorporated into this chapter by reference. 1. Every permit issued by the department shall have a fixed term not to exceed five years. When the permittee has complied with section 33.1-16-01-20, but the department, through no fault of the permittee, fails to issue a new permit prior to the expiration of the previous permit, the department may extend the expired permit until the permit is reissued. Permits extended under this section remain fully effective and enforceable. 2. The department may issue any permit for a duration that is less than five years.