Notifications & Updates
Article 16—Control, Prevention, and Abatement of Pollution of Surface Water Rules Updated (Click to Expand)
Updates to North Dakota Administrative Code Article 33.1-16 Control, Prevention, and Abatement of Pollution of Surface Water Rules became effective January 1, 2019. Updated chapters and department response to public comments are listed below.
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Chapter
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Title
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Response to Comments
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| 33-16-01 |
North Dakota Pollutant Discharge Elimination System |
NDPDES Response
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| 33-16-01.1 |
Pretreatment Regulations |
Pretreatment Responses
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| 33-16-02.1 |
Standards of Quality for Waters of the State |
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| 33-16-03.1 |
Control of Pollution from Animal Feeding Operations |
AFO Responses
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NDPDES Permits
The North Dakota Department of Environmental Quality is authorized to provide and administer Chapter 33-16-03.1 of the Administrative Code relating to the control of pollution from animal feeding operations under the provisions of North Dakota Century Code section 61-28-04.
EPA administers this program in North Dakota.
The goal of the North Dakota Pollutant Discharge Elimination System (NDPDES) program is to provide a permitted structure in addressing wastewater discharged from point source facilities. Individual and general permits comprise the regulated spectrum on providing specified minimum levels of treatment based on available and achievable water treatment technologies.
This program authorizes the discharge to surface waters of the state from the handling, use or application of pesticides provided the activity is in accordance with state laws and regulations, the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and the pesticide labeling.
The Industrial Pretreatment Program prevents the discharge of pollutants to Publicly-Owned Treatment Works (POTWs) which will interfere with the operations of the POTW or its use and disposal of municipal biosolids. In addition, the Pretreatment Program prevents the introduction of pollutants to POTWs that may pass through into rivers, lakes, and streams causing toxicity or other impacts. Implementation of the Pretreatment Program is defined at 40 CFR Part 403. These regulations describe the responsibility of the EPA, states, POTWs, and industrial users in protecting the POTWs, sewer systems, biosolids, receiving waters, and worker health and safety.
The septic pumper program regulates the use and disposal of domestic septage while protecting public health from unsanitary and unhealthful practices and conditions; and to protect surface waters and groundwaters of the state from contamination by septage. A person wishing to engage in the business of servicing septic systems must obtain a permit from the department.
The department regulates pollution from stormwater runoff from large municipalities and urbanized areas, industrial facilities, and most construction projects. Stormwater permits provide a level of treatment through planning and management that minimizes pollution in runoff from urban areas, construction sites, and industrial facilities.
The department authorizes the discharge of relatively uncontaminated water from temporary dewatering activities such as the hydrostatic testing of pipes, tanks or similar vessels; disinfection of potable water lines; construction dewatering; and the treatment of gasoline or diesel contaminated groundwater.
