Cal. Code Regs. tit. 23 § 2918

Current through Register 2024 Notice Reg. No. 23, June 7, 2024
Section 2918 - Policy for Compliance Schedules in National Pollutant Discharge Elimination System (NPDES) Permits

On April 15, 2008, the State Water Resources Control Board (State Water Board) adopted Resolution No. 2008-0025, a statewide Water Quality Control Policy (Policy) that authorizes compliance schedules in NPDES permits that implement Clean Water Act § 301(b)(1)(C). The Policy supersedes all existing provisions authorizing NPDES compliance schedules with the exception of:

(1) existing compliance schedule provisions in Total Maximum Daily Load (TMDL) implementation plans in Regional Water Quality Control Plans; and
(2) the provisions authorizing compliance schedules for California Toxics Rule criteria in the Policy for Implementation of Toxics Standards for Inland Surface Waters, Enclosed Bays, and Estuaries of California. Existing compliance schedules in NPDES permits are generally not required to be modified to comply with the Policy.

A discharger who seeks a compliance schedule must demonstrate to the satisfaction of the applicable Water Board that additional time is needed to implement actions such as designing and constructing facilities or implementing new or significantly expanded programs and securing financing, if necessary, to comply with a more stringent permit limitation specified to implement a new, revised, or newly interpreted water quality objective or criterion in a water quality standard. Any compliance schedule must require compliance as soon as possible. The Policy specifies that, in general, the duration of the compliance schedule may not exceed ten years from the date of adoption, revision, or new interpretation of the applicable water quality standard. However, an extended compliance schedule may be established in a permit for a permit limitation that implements waste load allocations specified in a TMDL.

Cal. Code Regs. Tit. 23, § 2918

1. New section filed 6-26-2008 summarizing State Water Resources Control Board Resolution No. 2008-0025, adopted 4-15-2008; approved by OAL pursuant to Government Code section 11353 on 6-26-2008 (Register 2008, No. 26).
1. New section filed 6-26-2008 summarizing State Water Resources Control Board Resolution No. 2008-0025, adopted 4-15-2008; approved by OAL pursuant to Government Code section 11353 on 6-26-2008 (Register 2008, No. 26).