61-28-06. Prohibitions

61-28-06. Prohibitions

1. It shall be unlawful for any person:

a. To cause pollution of any waters of the state or to place or cause to be placed any

wastes in a location where they are likely to cause pollution of any waters of the

state; and

b. To discharge any wastes into any waters of the state or to otherwise cause

pollution, which reduces the quality of such waters below the water quality

standards established therefor by the department.

2. It is unlawful for any person to carry on any of the following activities unless the person

holds a valid permit for the disposal of all wastes which are, or may be, discharged

thereby into the waters of the state:

a. The construction, installation, modification, or operation of any disposal system or

part thereof or any extension or addition thereto without plans and specifications

previously approved by the department.

b. Cause a material increase in volume or strength of any wastes in excess of the

permissive discharges specified under existing approved plans.

c. The construction, installation, or operation of any industrial, commercial, or other

establishment or any extension or modification or addition thereof, the operation

of which would cause an increase in the discharge of wastes into the waters of

the state or would otherwise alter the physical, chemical, or biological properties

of any waters of the state in any manner not already lawfully authorized.

d. The construction or use of any new outlet for the discharge of any wastes into the

waters of the state.

3. Notwithstanding any other provisions of this chapter, and except as in compliance with

the provisions of this chapter, and any rules and regulations promulgated hereunder,

the discharge of any wastes, or the violation of any water quality standards, by any

person shall be unlawful. The department may seek injunctive relief for a threatened or

continuing violation of a water quality standard, including any violations of the narrative

standards, if the department determines that the violation will substantially interfere

with or cause or threaten to cause long-term or irreparable harm to waters of this state

that the department determines has statewide or regional significance or has a

substantial impact to a local community. The authority to seek injunctive relief for a

violation of the water quality standards, including violations of the narrative standards,

is limited to the department, after obtaining written approval of the governor, and may

not be enforced by any other person.