North Dakota Administrative Code Title 33.1 - Department of Environmental Quality
Overview of NDAC Title 33.1 – Department of Environmental Quality
NDAC Title 33.1 establishes rules for environmental protection, pollution control, and natural resource management in North Dakota. Key areas include:
Air quality and emissions control
Water quality and wastewater management
Waste management, including hazardous and solid waste
Permitting and compliance monitoring
Enforcement, penalties, and remediation procedures
The rules ensure compliance with state and federal environmental laws, protect public health, and maintain ecological integrity.
Case Examples
Here are more than four examples illustrating practical applications:
Case 1: Unauthorized Discharge into a River
Scenario:
A manufacturing plant accidentally releases chemical wastewater into a nearby river without a permit.
Application of NDAC 33.1-20:
NDAC 33.1-20 requires permits for any discharge of pollutants into waters of the state.
Unauthorized discharges violate water quality standards and trigger enforcement actions.
Outcome:
The DEQ investigates, orders the plant to cease the discharge immediately, conducts a cleanup, and imposes civil penalties. The plant must implement monitoring and submit a corrective action plan. This case shows the importance of permitting and compliance with water quality regulations.
Case 2: Air Emission Violations
Scenario:
A power plant exceeds allowed emissions of sulfur dioxide (SO₂) and particulate matter for several months.
Application of NDAC 33.1-15:
NDAC 33.1-15 governs air quality standards and emissions limits.
Facilities must monitor emissions, report exceedances, and comply with state air quality permits.
Outcome:
The DEQ issues a notice of violation, requires installation of additional pollution control equipment, and imposes fines. The plant must submit monthly compliance reports. This case illustrates air quality enforcement and monitoring obligations.
Case 3: Hazardous Waste Mismanagement
Scenario:
A chemical laboratory stores hazardous waste improperly, exceeding allowed storage time and failing to label containers.
Application of NDAC 33.1-24:
NDAC 33.1-24 regulates hazardous waste storage, labeling, and disposal.
Improper storage poses risks to public safety and the environment.
Outcome:
The DEQ conducts an inspection, requires proper labeling, removal of excess waste, and staff training. Civil penalties are issued. This highlights waste handling compliance as required under Title 33.1.
Case 4: Solid Waste Landfill Violation
Scenario:
A municipal landfill fails to cover daily solid waste as required and allows leachate to seep into the groundwater.
Application of NDAC 33.1-29:
NDAC 33.1-29 outlines solid waste management rules, including daily cover requirements and leachate control.
Violations threaten groundwater quality and public health.
Outcome:
The DEQ mandates corrective actions, including proper daily covering, leachate collection systems, and ongoing groundwater monitoring. Noncompliance could lead to closure or fines. This demonstrates solid waste regulatory enforcement.
Case 5: Permit Noncompliance in Water Treatment Facility
Scenario:
A municipal water treatment plant fails to meet effluent limits set in its discharge permit, releasing excessive nitrates into a river.
Application of NDAC 33.1-22:
NDAC 33.1-22 requires wastewater treatment facilities to meet permit limits for nutrients, pH, and other pollutants.
Noncompliance triggers reporting requirements and potential enforcement.
Outcome:
The DEQ issues a compliance order requiring process adjustments, equipment upgrades, and additional monitoring. Penalties may be imposed if improvements are delayed. This case shows regulatory oversight of municipal treatment systems.
Case 6: Illegal Underground Injection
Scenario:
A company begins injecting industrial wastewater into a deep well without an underground injection control (UIC) permit.
Application of NDAC 33.1-27:
NDAC 33.1-27 governs underground injection control to prevent contamination of groundwater.
Operating without a UIC permit is strictly prohibited.
Outcome:
The DEQ orders an immediate cessation of injection, conducts a risk assessment, and requires the company to remediate any contamination. Fines and penalties are applied. This emphasizes groundwater protection under NDAC 33.1.
Case 7: Public Complaint Regarding Odor Pollution
Scenario:
Residents complain about persistent foul odors from a rendering plant.
Application of NDAC 33.1-14:
NDAC 33.1-14 addresses nuisance emissions and odor control.
Facilities must implement control measures to prevent public nuisance and maintain air quality.
Outcome:
The DEQ inspects, identifies the odor source, and mandates installation of scrubbers and operational adjustments. Follow-up inspections ensure compliance. This case highlights the role of DEQ in community environmental health.
Summary of Key Themes from Cases
Permitting is mandatory for air, water, and waste operations.
Unauthorized discharges and emissions trigger enforcement and remediation.
Hazardous and solid waste regulations protect public health and the environment.
Monitoring, reporting, and record-keeping are essential for compliance.
Civil penalties and corrective actions ensure regulatory enforcement.
Public complaints and inspections are integral to environmental oversight.
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