Section 250-RICR-150-10-1.21 - Schedule of ComplianceA. General. The permit may, when appropriate, specify a schedule of compliance leading to compliance with the State and Federal Acts and all other applicable authority for these regulations.B. Time for compliance. Any schedules of compliance under this section shall require compliance as soon as possible.1. For discharges to surface water or groundwater, schedules of compliance shall require compliance not later than the applicable statutory deadline under State and Federal law, and shall be subject to State and Federal regulations.2. The first RIPDES permit issued to a new source, a new discharger, which commenced discharge after August 13, 1979, or a recommencing discharge, or a recommencing discharger, may not contain a schedule of compliance under this section. Within the shortest feasible time of issuance of the new sources new dischargers recommencing discharge permit (not to exceed 90 days) the owner or operator must meet permit conditions.C. Interim dates. Except as provided in § 1.21(B)(2) of this Part, if a permittee 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. 1. The time between interim dates shall not exceed one year.2. If the time necessary for completion of any interim requirement (such as the construction of a control facility) is more than one 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. Examples of interim requirements include: a. submit a complete step I construction grant (for POTWs);b. get a contract for construction of required facilities;c. commence construction of required facilities; andd. complete construction of required facilities.3. Reporting. The permit shall be written to require that no later than 14 days following each interim date and the final date of compliance, the permittee shall notify the Department in writing of its compliance or noncompliance with the interim of final requirements.D. Alternative schedules of compliance. A RIPDES permit application or permittee may cease conducting activities regulated by this Part rather than continue to operate and meet permit requirements as follows: 1. If the permittee decides to cease conducting regulated activities at a given time within the term of a permit which has already been issued: a. The permit may be modified to contain a new or additional schedule leading to timely cessation of activities; orb. The permittee shall cease conducting permitted activities before noncompliance with any interim or final compliance schedule requirement already specified in the permit.2. If the decision to cease conducting regulated activities is made before issuance of a permit whose term will include the termination date, the permit shall contain a schedule leading to termination which will ensure compliance no later than the statutory deadline in the Clean Water Act.3. If the permittee is undecided whether to cease conducting regulated activities, the Department may issue or modify a permit to contain two schedules as follows:a. Both schedules shall contain an identical interim deadline requiring a final decision on whether to cease conducting regulated activities no later than a date which ensures sufficient time to comply with applicable requirements in a timely manner if the decision is to continue conducting regulated activities;b. One schedule shall lead to timely compliance with applicable requirements and shall be no later than the statutory deadline in the Clean Water Act;c. The second schedule shall lead to cessation of regulated activities by a date which will ensure timely compliance with applicable requirements, and shall be no later than the statutory deadline in the Clean Water Act;d. Each permit containing two schedules shall include a requirement that after the permittee has made final decision under § 1.21(D)(3)(a) of this Part it shall follow the schedule leading to compliance if the decision is to continue conducting regulated activities, and follow the schedule leading to termination if the decision is to cease conducting regulated activities.4. The applicant's or permittee's decision to cease conducting regulated activities shall be evidenced by a solemn public commitment satisfactory to the Department, such as a resolution of the board of directors of a corporation.E. A publicly owned treatment works (POTW) required to develop a pretreatment program shall have a pretreatment program compliance schedule incorporated into the RIPDES permit at the time of issuance, reissuance, or modification of the permit. The compliance schedule shall require the development of an approvable POTW pretreatment program no later than the time prescribed by 40 C.F.R. § 403.8, incorporated above at § 1.3(B) of this Part, and the Rhode Island Pretreatment Regulations, whichever is more stringent.F. New sources or new dischargers or sources which recommence discharging after terminating operations and those sources which had been indirect dischargers which commence discharging into surface waters of the State do not qualify for compliance schedules under this section.G. All permittees shall provide a report indicating the status of compliance in accordance with § 1.14 of this Part.250 R.I. Code R. 250-RICR-150-10-1.21