NDAC 33.1-16-01-20
Reissuance of national pollutant discharge elimination system permits
Cite as N.D. Admin. Code ยง 33.1-16-01-20
1.
Any permittee who wishes to continue to discharge after the expiration date of the permittee's
permit must file for reissuance of the permittee's permit at least one hundred eighty days prior
to its expiration.
2.
The request for reissuance of a permit shall be in letter form and contain, as a minimum, the
following:
a.
The permit number and date of issue.
b.
Any past, present, or future changes in the effluent quantity or quality not reflected in the
present permit conditions.
3.
The department will review each permit to ensure that the following conditions exist:
a.
The permittee is in compliance with or has substantially complied with all the terms,
conditions, requirements, and schedules of compliance of the expired national pollutant
discharge elimination system permit.
b.
The department has up-to-date information on the permittee's production levels,
permittee's waste treatment practices, nature, contents, and frequency of permittee's
discharge, either pursuant to the submission of new forms and applications or pursuant
to monitoring records submitted to the department by the permittee.
c.
The discharge is consistent with applicable effluent standards and limitations, water
quality standards, and other legally applicable requirements listed in section
33.1-16-01-13, including any additions to, or revisions or modifications of, such effluent
standards and limitations, water quality standards, or other legally applicable
requirements during the term of the permit.
d.
The notice and public participation procedures set out in section 33.1-16-01-06 shall be
followed for every reissuance under this chapter.
e.
Notwithstanding any other provision in this chapter, any point source the construction of
which is commenced after the date of enactment of the Federal Water Pollution Control
Act Amendments of 1972 and which is so constructed as to meet all applicable standards
of performance shall not be subject to any more stringent standard of performance during
a ten-year period beginning on the date of completion of such construction or during the
period of depreciation or amortization of such facility for the purposes of section 167 or
169 (or both) of the federal Internal Revenue Code of 1954, whichever period ends first.