[Code of Federal Regulations]

[Title 40, Volume 21]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 40CFR122.47]



[Page 226-227]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 122_EPA ADMINISTERED PERMIT PROGRAMS: THE NATIONAL POLLUTANT 

DISCHARGE ELIMINATION SYSTEM--Table of Contents

 

                       Subpart C_Permit Conditions

 

Sec.  122.47  Schedules of compliance.



    (a) General (applicable to State programs, see Sec.  123.25). 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 Director in writing of its 

compliance or noncompliance with the interim or final requirements, or 

submit progress reports if paragraph (a)(3)(ii) is applicable.

    (b) Alternative schedules of compliance. An NPDES permit applicant 

or permittee may cease conducting regulated activities (by terminating 

of direct discharge for NPDES sources) rather than continuing 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 to contain a new or additional 

schedule leading to timely cessation of activities; or

    (ii) The permittee shall cease conducting permitted activities 

before



[[Page 227]]



non-compliance 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 timely compliance with applicable requirements no later than 

the statutory deadline.

    (3) If the permittee is undecided whether to cease conducting 

regulated activities, the Director may issue or modify a permit to 

contain two schedules as follows:

    (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;

    (ii) One schedule shall lead to timely compliance with applicable 

requirements, no later than the statutory deadline;

    (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.

    (iv) Each permit containing two schedules shall include a 

requirement that after the permittee has made a final decision under 

paragraph (b)(3)(i) of this section 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 firm public commitment 

satisfactory to the Director, such as a resolution of the board of 

directors of a corporation.



[48 FR 14153, Apr. 1, 1983, as amended at 49 FR 38050, Sept. 26, 1984; 

50 FR 6940, Feb. 19, 1985; 54 FR 18784, May 2, 1989; 65 FR 30909, May 

15, 2000]