§ 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.