25 Pa. Code § 92a.51 - Schedules of compliance
(a) With
respect to an existing discharge that is not in compliance with the water
quality standards and effluent limitations or standards in §
92a.44 or §
92a.12 (relating to establishing
limitations, standards, and other permit conditions; and treatment
requirements), the applicant shall be required in the permit to take specific
steps to remedy a violation of the standards and limitations in accordance with
a legally applicable schedule of compliance, in the shortest, reasonable period
of time, the period to be consistent with the Federal Act. Except as otherwise
set forth in this subsection, a schedule of compliance specified in the permit
must require compliance with final enforceable effluent limitations as soon as
practicable, but in no case longer than 5 years, unless a court of competent
jurisdiction issues an order allowing a longer time for compliance. Compliance
schedules granted to CSO dischargers may exceed 5 years but may not exceed the
period of implementation specified in an approved long-term control plan
(LTCP).
(b) If the period of time
for compliance specified in subsection (a) exceeds 1 year, a schedule of
compliance will be specified in the permit that will set forth interim
requirements and the dates for their achievement. If the time necessary for
completion of the interim requirement such as the construction of a treatment
facility is more than 1 year and is not readily divided into stages for
completion, interim dates will be specified for the submission of reports of
progress towards completion of the interim requirement. The time between
interim dates may not exceed 1 year. For each NPDES permit schedule of
compliance, interim dates and the final date for compliance must, to the extent
practicable, fall on the last day of the months of March, June, September and
December.
(c) Either before or up
to 14 days following each interim date and the final date of compliance, the
permittee shall provide the Department with written notice of the permittee's
compliance or noncompliance with the interim or final requirement.
Notes
This section cited in 25 Pa. Code § 92a.21 (relating to application for a permit); 25 Pa. Code § 92a.71 (relating to transfer of permits); and 25 Pa. Code § 92a.75 (relating to reissuance of expiring permits).
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