61-38-04. Specification of disposal sites (Contingent effective date - See note)

61-38-04. Specification of disposal sites. (Contingent effective date - See note) The department of water resources shall specify a disposal site for each permit issued. Each disposal site must be specified for each permit through application of rules adopted by the department. The rules must be consistent with federal law. The department may prohibit the specification of any defined area as a disposal site, withdraw any defined area from specification as a disposal site, or deny or restrict the use of any defined area for specification as a disposal site when the department determines, after notice and opportunity for public hearing, the discharge of dredged or fill materials will have an unacceptable adverse effect on municipal water supplies, shellfish beds and fishery areas, wildlife, or recreational areas.