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.N.D. Admin Code 33.1-16-01-06
Adopted by Administrative Rules Supplement 370, October 2018, effective 1/1/2019.General Authority: NDCC 61-28-04; S.L.2017, ch.199, § 1
Law Implemented: NDCC 61-28-04