Code of Maine Rules
06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION
096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL
Chapter 523 - WASTE DISCHARGE LICENSE CONDITIONS
Section 096-523-7 - Schedules of compliance [see 40 CFR 122.47]
Universal Citation: 06 ME Code Rules ยง 096-523-7
Current through 2024-38, September 18, 2024
(a) General. The permit may, when appropriate, specify a schedule of compliance leading to compliance with CWA and regulations.
(1) Time for compliance. Any
schedules of compliance under this section shall require compliance as soon as
possible, but not later than the applicable statutory deadline under the
CWA.
(2) 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 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 years before
recommencement of discharge.
(3)
Interim dates. Except as provided in paragraph (b)(1)(ii) of this section, if a
permit establishes a schedule of compliance which exceeds 1 year from the date
of permit issuance, the schedule shall set forth interim requirements and the
dates for their achievement.
(i) The time
between interim dates shall not exceed 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 months.
(ii) If the time necessary for completion of
any interim requirement (such as the construction of a control facility) is
more than 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.
Note: Examples of interim requirements include: (a) Submit a complete Step 1 construction grant (for POTWs); (b) let a contract for construction of required facilities; (c) commence construction of required facilities; (d) complete construction of required facilities.
(4) 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 or final
requirements, or submit progress reports if paragraph (a)(3)(ii) is
applicable.
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