Idaho Administrative Code
Title IDAPA 58 - Environmental Quality, Department of
Rule 58.01.25 - RULES REGULATING THE IDAHO POLLUTANT DISCHARGE ELIMINATION SYSTEM PROGRAM
Section 58.01.25.305 - COMPLIANCE SCHEDULES
Universal Citation: ID Admin Code 58.01.25.305
Current through August 31, 2023
01. General. An IPDES permit may, when appropriate, specify a schedule of compliance leading to compliance with the Clean Water Act and these rules. (3-24-22)
a. Any schedules of compliance under
this section shall require compliance as soon as possible. (3-24-22)
b. The first IPDES 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.
(3-24-22)
c. 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.
(3-24-22)
d. If a permit
establishes a schedule of compliance under this section that exceeds one (1)
year from the date of permit issuance, the schedule must set out interim
requirements and dates for achievement of the interim requirements. If the
schedule includes interim requirements: (3-24-22)
i. The time between interim dates shall not
exceed one (1) year, except that in the case of a schedule for compliance with
standards for sewage sludge use and disposal, the time between interim dates
shall not exceed six (6) months; or (3-24-22)
ii. If the time necessary for completion of
any interim requirement (such as the construction of a control facility) 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. (3-24-22)
e. Within fourteen (14) days following each
interim and final date of compliance, the permittee shall notify the Department
in writing of its compliance or noncompliance with the interim or final
requirements, or submit progress reports if Subsection
305.01.d.ii. is applicable.
(3-24-22)
f. Permits may
incorporate compliance schedules which allow a discharger to phase in, over
time, compliance with water quality-based effluent limitations in accordance
with IDAPA 58.01.02.400, "Water Quality Standards."
(3-24-22)
02. Alternative Schedules of Compliance. An IPDES permit applicant or permittee may cease conducting regulated activities (by terminating direct discharge for point sources) rather than continuing to operate and meet permit requirements as follows: (3-24-22)
a. If the
permittee decides to cease conducting regulated activities at a given time
within the term of a permit which has already been issued: (3-24-22)
i. The permit may be modified to contain a
new or additional schedule leading to timely cessation of activities; or
(3-24-22)
ii. The permittee shall
cease conducting permitted activities before noncompliance with any interim or
final compliance schedule requirement already specified in the permit.
(3-24-22)
b. 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 timely compliance with
applicable requirements no later than the statutory deadline.
(3-24-22)
c. If the permittee is
undecided whether to cease conducting regulated activities, the Department may
issue or modify a permit to contain two (2) schedules, as follows: (3-24-22)
i. 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; (3-24-22)
ii. One (1) schedule shall lead to timely
compliance with applicable requirements, no later than the statutory deadline;
(3-24-22)
iii. The second schedule
shall lead to cessation of regulated activities by a date which will ensure
timely compliance with applicable requirements no later than the statutory
deadline; and (3-24-22)
iv. Each
permit containing two (2) schedules shall include a requirement that after the
permittee has made a final decision under Subsection
305.02.c., 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.
(3-24-22)
d. The
applicant's or permittee's decision to cease conducting regulated activities
shall be evidenced by a firm public commitment satisfactory to the Department,
such as a resolution of the board of directors of a corporation.
(3-24-22)
Disclaimer: These regulations may not be the most recent version. Idaho may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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