Current through Register Vol. XLI, No. 19, May 10, 2024
Section 47-10-8 - Schedules of Compliance8.1. General. -- The permit may, when appropriate, specify a schedule of compliance leading to compliance with the CWA and State Act and rules: 8.1.a. Any schedule of compliance shall require compliance as soon as possible, but in no case later than an applicable statutory deadline. In the case of permit conditions based on water quality standards established after July 1, 1977, a schedule of compliance may be used that shall assure that the discharge will not cause a violation of applicable water quality standards.8.1.b. The first NPDES permit issued to a new source or a new discharger shall contain a schedule of compliance only when necessary to allow a reasonable opportunity to attain compliance with requirements issued or revised after commencement of construction but less than three (3) years before commencement of the relevant discharge. For recommencing dischargers, a schedule of compliance shall be available only when necessary to allow a reasonable opportunity to attain compliance with requirements issued or revised less than three (3) years before recommencement of discharge.8.1.c. Interim dates. -- If a permit establishes a schedule of compliance that exceeds one (1) year from the date of permit issuance, the schedule shall set forth interim requirements and the dates for their achievement: 8.1.c.1. The time between interim dates shall not exceed one (1) year.8.1.c.2. If the time necessary for completion of any interim requirement is more than one (1) year and is not readily divisible into stages for completion, the permit shall specify interim dates for the submission of reports of progress toward completion of the interim requirements and indicate a projected completion date.8.2. Alternative schedules of compliance. -- A permit applicant or permittee may cease conducting regulated activities rather than continue to operate and meet permit requirements as follows: 8.2.a. If the permittee decides to cease conducting regulated activities at a given time within the term of a permit that has already been issued:8.2.a.1. The permit may be modified to contain a new or additional schedule leading to timely cessation of activities; or8.2.a.2. The permittee shall cease conducting permitted activities before noncompliance with any interim or final compliance schedule requirement already specified in the permit.8.2.b. If the decision to cease conducting regulated activities is made before issuance of a permit the term of which will include the termination date, the permit shall contain a schedule leading to termination that will ensure timely compliance with applicable requirements for compliance not later than the statutory deadline.8.2.c. If the permittee is undecided whether to cease conducting regulated activities, the Director may issue or modify a permit to contain two (2) schedules as follows: 8.2.c.1. Both schedules shall contain an identical interim deadline requiring a final decision on whether to cease conducting regulated activities no later than a date that ensures sufficient time to comply with applicable requirement in a timely manner if the decision is to continue conducting regulated activities;8.2.c.2. One (1) schedule shall lead to timely compliance with applicable requirements and compliance no later than the statutory deadline;8.2.c.3. The second schedule shall lead to cessation of regulated activities by a date that will ensure timely compliance with applicable requirements or compliance no later than the statutory deadline; and8.2.c.4. Each permit containing two (2) schedules shall include a requirement that, after the permittee has made a final decision under paragraph 8.2.c.1 of this rule, it shall follow the schedule leading to compliance if the decision is to cease conducting regulated activities.8.2.d. If the applicant's or permittee's decision to cease conducting regulated activities shall be evidenced by a firm public commitment satisfactory to the Director.