Ala. Admin. Code r. 335-6-6-.16

Current through Register Vol. 43, No. 1, October 31, 2024

Section 335-6-6-.16 - Schedules Of Compliance

The permit may, when appropriate, specify a schedule of compliance leading to compliance with the FWPCA and the AWPCA.

(a) Time for Compliance. Any schedules of compliance shall require compliance as soon as possible and in accordance with the following:

1. Not later than the applicable statutory deadline under the FWPCA;

2. Within three years of adoption of a new water quality standard or within the timeframe determined by the Director for implementation of an applicable TMDL established pursuant to section 303(d) of the FWPCA and 40 CFR Part 130.7(2007).

(b) Interim Dates. If a permit establishes a schedule of compliance which exceeds one year from the date of permit issuance, the schedule shall set forth interim requirements and the dates for their achievement in accordance with the following:

1. The time between interim dates shall not exceed one year;

2. Dates for compliance shall be established, where applicable, as follows:

(i) Submission of pollution abatement program and preliminary plans;

(ii) Submission of final plans, specification, and drawings;

(iii) Initiation of construction;

(iv) Attainment of operational status; and

(v) Attainment of compliance with permit limitations;

3. Reporting.

(i) The permit shall be written to require that no later than fourteen days following each interim date, the final date of compliance, or other period which the Director determines, the permittee shall notify the Director in writing of its compliance or noncompliance with the interim or final requirements, or submit progress reports.

(ii) 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 years before commencement of the relevant discharge. For dischargers that have ceased discharge for an extended period and wish to recommence discharge, 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 years before recommencement of discharge.

(c) Compliance schedules for storm water discharges shall not exceed three years from the effective date of the storm water discharge permit.

Ala. Admin. Code r. 335-6-6-.16

October 19, 1979. Amended: January 24, 1989. Amended: Filed August 8, 1995; effective September 12, 1995. Amended: Filed April 22, 2008; effective May 27, 2008.

Author: John Poole

Statutory Authority:Code of Ala. 1975, §§ 22-22-9, 22-22A-5.