§ 17-0701. Permit for outlet, point source and for disposal system\n required.\n 1. It shall be unlawful for any person, until a written SPDES permit\ntherefor has been granted by the commissioner, or by his designated\nrepresentative, and unless such permit remains in full force and effect,\nto:\n a. Make or cause to make or use any outlet or point source for the\ndischarge of sewage, industrial waste or other wastes or the effluent\ntherefrom, into the waters of this state, or\n b. Construct or operate and use a disposal system for the discharge of\nsewage, industrial waste, or other wastes or the effluent therefrom,\ninto the waters of the state, or make any change in, addition to or an\nextension of any existing disposal system or part thereof which would\nmaterially alter the volume of, or the method or effect of treating or\ndisposing of the sewage, industrial waste or other wastes, or\n c. Increase or alter the content of the wastes discharged through an\noutlet or point source into the waters of the state by a change in\nvolume or physical, chemical or biological characteristics.\n 2. Notwithstanding any other provision of this article, for the\npurposes of this title, the following definitions shall be applicable:\n a. "Industrial waste" means any liquid, gaseous, solid or waste\nsubstance or a combination thereof resulting from any process of\nindustry, manufacturing, trade, or business or from the development or\nrecovery of any natural resources, which may cause or might reasonably\nbe expected to cause pollution of the waters of the state.\n b. "Other wastes" means garbage, refuse, decayed wood, sawdust,\nshavings, bark, sand, lime, cinders, ashes, offal, oil, tar, dye-stuffs,\nacids, chemicals, ballast and all other discarded matter not sewage or\nindustrial waste which may cause or might reasonably be expected to\ncause pollution of the waters of the state.\n 3. No permit prescribed by subdivision 1 of this section shall be\nissued by the commissioner or by his designated representative until the\nrequirements of title 8 of this article and the regulations promulgated\nthereunder have been satisfied.\n 4. a. A person, corporation, public authority or public benefit\ncorporation hereafter intending to construct a nuclear steam-electric\ngenerating facility shall file an environmental feasibility report, in a\nform prescribed by the commissioner, with the department concurrently\nwith the filing of the preliminary safety analysis report required to be\nfiled with the United States atomic energy commission for a nuclear\npower plant.\n b. No person, corporation, public authority, or public benefit\ncorporation shall construct or operate any new steam-electric generating\nfacility or increase the capacity of any existing steam-electric\ngenerating facility without a permit issued in accordance with the\nprovisions of this subdivision allowing thermal discharge from such\nfacility to the waters of the state. A public hearing may be conducted\nby the department prior to the issuance of any such permit.\n 5. A SPDES permit shall be issued to the applicant upon such\nconditions as the commissioner may direct:\n a. if the commissioner finds on the basis of the submitted plans or\napplication that the discharge from the outlet or point source or\nmodified disposal system will not be in contravention of the standards,\ncriteria, limitations, rules and regulations adopted or applied by the\ndepartment; or\n b. in case no classification has been made of the receiving waters at\nsaid outlet or point source or into which such proposed discharge is to\nbe made, if the commissioner finds that such proposed discharge will not\nbe injurious to public health and public enjoyment thereof, the\npropagation and protection of fish and wild life, the industrial\ndevelopment of the state and will not contravene standards, criteria,\nlimitations, rules and regulations adopted or applied pursuant to title\n8 hereof
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