Mining, Extraction & Paving Material Preparation Permits
Storm Water Program Coordinator:
Oil or Gas Extraction Facilities (major standard industrial classification [SIC] group 13):
Operators of oil or gas extraction facilities (major SIC group 13) are reminded that they may need coverage under the North Dakota Department of Health's mining and extraction general permit, NDR32-0000. If the facility experiences a stormwater discharge that contacts or results in a reportable quantity release of oil or hazardous substance, then a notice of intent (NOI) must be submitted to the department for permit coverage. The NOI must be submitted within 15 days of the operator becoming aware of the release. Extraction facilities that have not discharged a reportable quantity of oil or hazardous substances are not required to submit an NOI as provided in 40 CFR 122.26(c)(1)(iii).
Facilities that are required to submit a NOI to the department also must submit a stormwater pollution prevention plan (SWPPP) and comply with the plan within 30 days of becoming aware of the release.
A notice of termination (NOT) may be submitted to the department once the areas affected by a reportable quantity release have been reclaimed and the facility has operated without additional releases under the SWPPP for a minimum of three years.
The department's permit only applies to extraction facilities located outside of Indian Country. Extraction facilities located within Indian Country in North Dakota must submit a NOI to the U.S. Environmental Protection Agency (EPA) to obtain coverage under the agency's multi-sector general permit (MSGP). Further information about the MSGP may be found by visiting EPA's website at cfpub.epa.gov/npdes/stormwater/msgp.cfm, or by contacting EPA Region 8 at 303.312.6312 or 800.227.8917 (from within the region), or by visiting the Region 8 website at www.epa.gov/aboutepa/region8.html.
Reportable quantity information and notification requirements may be found in 40 CFR 110, 117 and 302. Stormwater as defined in NDR32-0000 and 40 CFR 122.26(b)(13) includes stormwater runoff, snow melt runoff, surface runoff and drainage.
Mining permits for stormwater are required when mining or extraction activities take place at facilities subject to 40 CFR 434, 435, 436, or 440 for any process-related discharges, and facilities with SIC Codes between 10-14. Oil & Gas facilities (SIC 13) are only required to obtain this permit if they have a reportable quantity spill. The permit is renewed every five years.
The permit requires the use of BMP's (Best Management Practices) to minimize the effects of erosion caused by Mining activities. A variety of BMP's can be utilized at a facility and is solely up to the owner or contractor to install the appropriate BMP's. The BMP's must be installed prior to any land disturbance and maintained through out the life of mining activity.
There is no fee to obtain storm water discharge permits.
The permit issued for mining or extraction activities is a "General" permit. A general permit is simply a permit that is written to address all mining or extraction activities and the same permit is issued to everyone.
To apply for the permit, a NOI (Notice of Intent) must be submitted to the department. This information must be submitted to the department at least 30-days prior to the start of any mining or extraction activities.
The permit can only be terminated when no stormwater discharges associated with industrial activity remain at the covered facility. Or, discharges are from an inactive coal mining operation no longer meeting the definition of a reclamation area under 40 CFR 434.11(I). Or, all affected areas have been reclaimed.
Mining facilities may be required to monitor for pollutants. The Department will communicate this information in writing to the facility if this is a requirement. If monitoring is required at a facility, a Discharge Monitoring Report (DMR) is filled out and submitted to the Department.
Last Updated: 05/23/2016