N.J. Admin. Code § 7:14A-6.4 - Schedules of compliance
(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).
Notes
See: 29 N.J.R. 3822(a).
Amended N.J.A.C. references.
Amended by R.2009 d.7, effective
See: 40 N.J.R. 1478(a), 41 N.J.R. 142(a).
In (e), substituted "MRFs" for "DMRs".
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