Current through Register Vol. 56, No. 18, September 16, 2024
(a) The Department
shall, when appropriate, specify in the permit a schedule of compliance, including
interim deadlines for progress or reports of progress towards compliance with the
State and Federal Acts and all other applicable authority for this chapter.
1. The first NJPDES 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 with a discharge that has
been suspended for an extended period during which the submittal of DMRs has also
been suspended, a schedule of compliance shall be included as part of the permit or
conditions for recommencement only when necessary to allow a reasonable opportunity
to attain compliance with requirements issued or revised less than three years
before recommencement of the discharge.
2. Except as provided in (b)1ii below, 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.
i. The time between interim dates
shall not exceed one year except that in the case of a schedule for compliance with
standards for sewage sludge use or 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 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.
3. No later
than 14 days following each interim date or final date of compliance, the permittee
shall provide written notice to the Department of its compliance or noncompliance
with interim or final requirements, or submit progress reports if (a)2ii above is
applicable.
(b) A permittee
may cease conducting regulated activities 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:
i. The permit may be modified pursuant to
7:14A-16.4, to contain a new or
additional schedule leading to timely cessation of activities; or
ii. The permittee shall cease conducting permitted
activities before noncompliance with any interim or final compliance requirement
already specified in the permit.
2. If the decision to cease conducting regulated
activities is made before issuance of a permit whose term shall include the
expiration date, the permit shall contain a schedule leading to expiration which
shall ensure compliance no later than any applicable statutory deadline.
3. If the permittee is undecided as to whether it
will cease conducting regulated activities, the Department shall either issue or
modify a permit to contain two schedules:
i. One
schedule shall lead to timely compliance with all applicable requirements, no later
than the statutory deadline;
ii. The
second schedule shall lead to cessation of regulated activities by a date which
shall ensure timely compliance with all applicable requirements;
iii. Both schedules shall contain an identical
interim deadline requiring a final decision as to whether the permittee will cease
conducting regulated activities. A decision by the permittee to continue conducting
regulated activities shall be made by a date which ensures sufficient time to comply
in a timely manner with all applicable requirements;
iv. Each permit containing two schedules shall
include a requirement that the permittee, after making a final decision under
(b)3iii above, shall follow the schedule leading to compliance if the decision is to
continue conducting regulated activities, and shall follow the schedule leading to
expiration if the decision is to cease conducting regulated activities.
4. The 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.
(c) A POTW
required to develop a pretreatment program shall have a pretreatment program
compliance schedule based on the dates established in a written notification from
the Department. This compliance schedule shall be incorporated into the NJPDES
permit at the time of issuance, reissuance or modification of the permit. The
compliance schedule shall require the development and submission of a pretreatment
program developed in accordance with N.J.A.C. 7:14A-19 as soon as possible, but in
no case later than one year after the receipt of written notification from the
Department.
(d) Any schedules of
compliance under this section shall require compliance as soon as possible, but no
later than any applicable statutory deadline.
(e) The permittee shall meet schedules for
compliance with the terms of the permit and interim deadlines for progress or
reports of progress towards compliance. Reports of compliance or noncompliance with,
or any progress reports on, the interim and final requirements contained in any
compliance schedule of a permit shall be submitted no later than 14 days following
each scheduled date, and may be submitted with the MRFs in accordance with
7:14A-6.8(a).
