N.D. Admin. Code § 33.1-16-01.1-01
33.1-16-01.1-01. Definitions.
The definitions in section 33.1-16-01-01 apply to this chapter unless defined differently below.
1. "Act" means Federal Water Pollution Control Act, also known as the Clean Water Act, as amended [33 U.S.C. 1251, et seq.].
2. "Approval authority" means the department.
3. "Best management practices" or "BMPs" means schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in 40 CFR 403.5(a)(1) and (b). Best management practices also include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage.
4. "Bypass" means the intentional diversion of wastestreams from any portion of an industrial user's treatment facility.
5. "Categorical industrial user" means an industrial user that is subject to a categorical pretreatment standard or categorical standard.
6. "Categorical pretreatment standard" or "categorical standard" means any regulation containing pollutant discharge limits promulgated by the environmental protection agency in accordance with sections 307(b) and (c) of the Act (33 U.S.C. section 1317) that apply to a specific category of users and that appear in 40 CFR chapter I, subchapter N, parts 405 through 471.
1. 7. 'Control authority' means either:
1. a. The publicly owned treatment works, if the publicly owned treatment works which receives the indirect discharge administers an approved pretreatment program in accordance with sections 33.1-16-01.1-06 and 33.1-16-01.1-08; or
2. b. The department, if the publicly owned treatment works which receives the indirect discharge does not administer an approved pretreatment program in accordance with sections 33.1-16-01.1-06 and 33.1-16-01.1-08.
2. 8. 'Director' means the department.
3. 9. 'Indirect discharge' means the introduction of pollutants into a publicly owned treatment works from any nondomestic source regulated under section 307(b), (c), or (d) of the Federal Water Pollution Control Act.
4. 10. 'Industrial user' or 'user' means a source of indirect discharge.
5. 11. 'Interference' means an indirect discharge which, alone or in conjunction with any other indirect discharges, both:
1. a. Inhibits or disrupts the publicly owned treatment works processes or operations, or its sludge processes, use, or disposal; and
2. b. Causes a violation of any requirement of the publicly owned treatment works North Dakota pollutant discharge elimination system permit, including an increase in the magnitude or duration of a violation or prevents sewage sludge use or disposal in compliance with federal or state law or statute.
6. 12. 'New source' means:
1. a. Any building, structure, facility, or installation for which construction commenced after the publication of proposed pretreatment standards which will apply to such source after promulgation, from which there is or may be an indirect discharge, provided that: 1. (1) The building, structure, facility, or installation is constructed at a site at which no other source is located; 2. (2) The building, structure, facility, or installation totally replaces the process or production equipment that causes the indirect discharge at an existing source; or 3. (3) The production or wastewater generating processes of the building, structure, facility, or installation is substantially independent of an existing source at the same site. In determining whether these are substantially independent factors, such as the extent to which the new facility is integrated with the existing plant and the extent to which the new facility is engaged in the same general type of activity as the existing source, should be considered.
2. b. Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility, or installation meeting the criteria of paragraphs 2 and 3 of subdivision a, but otherwise alters, replaces, or adds to existing process or production equipment.
3. c. Construction of a new source as defined under this subsection has commenced if the owner or operator has: 1. (1) Begun, or caused to begin, as part of a continuous onsite construction program:
2. 14. 'Pretreatment' means the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater prior to or in lieu of discharging or otherwise introducing such pollutants into a publicly owned treatment works. The reduction or alteration may be obtained by physical, chemical, or biological processes, process changes or by other means, except as prohibited by 40 CFR 403.6(d). Appropriate pretreatment technology includes control equipment, such as equalization tanks or facilities, for protection against surges or slug loadings that might interfere with or otherwise be incompatible with the publicly owned treatment works. However, where wastewater from a regulated process is mixed in an equalization facility with unregulated wastewater or with wastewater from another regulated process, the effluent from the equalization facility must meet an adjusted pretreatment limit calculated in accordance with 40 CFR 403.6(e).
3. 15. 'Pretreatment requirements' means any substantive or procedural requirement related to pretreatment, other than a pretreatment standard, imposed on an industrial user.
4. 16. 'Pretreatment standards' means any regulation which applies to industrial users that contains pollutant discharge limits promulgated by the environmental protection agency in accordance with the Federal Water Pollution Control Act, including prohibitive discharge limits established pursuant to section 33.1-16-01.1-02.
5. 17. 'Publicly owned treatment works' or 'POTW' means a treatment works as defined by section 212 of the Federal Water Pollution Control Act, which is owned by a state or municipality, including any devices or systems used in the storage, treatment, recycling, and reclamation of municipal sewage or liquid industrial wastes, as well as sewers, pipes, and other conveyances that convey wastewater to a publicly owned treatment works treatment plant. This term also means the municipality that has jurisdiction over the indirect discharges to and the discharges from the treatment works.
6. 18. 'Publicly owned treatment works treatment plant' means that portion of the publicly owned treatment works which is designed to provide treatment of municipal sewage and industrial waste.
7. 19. 'Severe property damage' means substantial physical damage to property, damage to treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production.
8. 20. 'Significant industrial user' means:
History: Effective, January 1, 2019.
General Authority: NDCC 61-28-04, 61-28-05; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 61-28-04