Sec. 18 AAC 83.560 - Schedules of compliance

ยง 18 AAC 83.560. Schedules of compliance

(a) An APDES permit may, when appropriate, specify a schedule of compliance leading to compliance with 33 U.S.C. 1251 - 1387 (Clean Water Act) and this chapter. Any schedule of compliance under this section must require compliance as soon as possible, but no later than the applicable statutory deadline under 33 U.S.C. 1251 - 1387 (Clean Water Act). The first APDES permit issued to a new source or a new discharger may contain a schedule of compliance only if necessary to allow the discharger a reasonable opportunity to comply with requirements issued or revised after construction of the discharger's facility commenced but less than three years before the relevant discharge commenced. For recommencing dischargers, any subsequent permit may contain a schedule of compliance only when necessary to allow that discharger a reasonable opportunity to comply with requirements issued or revised less than three years before recommencement of discharge.

(b) If a permit establishes a schedule of compliance under this section that exceeds one year from the date of permit issuance, the schedule must set out interim requirements and dates for achievement of the interim requirements. If the schedule includes interim requirements,

(1) the time between interim requirements must not exceed one year; or

(2) if the time necessary for completion of any interim requirement, such as the construction of a control facility, is more than one year and cannot easily be divided into stages for completion, the permit must specify dates for the discharger to report progress toward completion of the interim requirements and the projected completion date.

(c) An APDES permit containing a schedule of compliance under this section must be written to require the permittee to notify the department in writing of the permittee's compliance or noncompliance with the interim or final requirements, or if (b)(2) of this section is applicable, to submit progress reports, no later than 14 days following each interim date and the final date of compliance.

(Eff. 7/29/2006, Register 179)

Authority:AS 44.46.020

AS 46.03.010

AS 46.03.020

AS 46.03.050

AS 46.03.100

AS 46.03.110

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