Mont. Admin. R. 17.30.1350 - SCHEDULES OF COMPLIANCE
(1) The permit
may, when appropriate, specify a schedule of compliance leading to compliance
with the Act and rules adopted thereunder, specifically including any
applicable requirements under ARM Title 17, chapter 30, subchapter 12.
(a) Any schedules of compliance under this
rule must require compliance as soon as possible, but not later than the
applicable statutory deadline under the Act or under the federal Clean Water
Act , as codified at 33 USC
1311 (b) (2) (A), (C), (D), (E), and
(F).
(b) The first MPDES permit
issued to a new source or a new discharger must 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 must 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 .
(c)
Except as provided in (2) (a) (ii), if a permit establishes a schedule of
compliance which exceeds one year from the date of permit issuance, the
schedule must set forth interim requirements and the dates for their
achievement.
(i) The time between interim
dates may not exceed one year.
(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 must specify interim dates for
the submission of reports of progress toward completion of the interim
requirements and indicate a projected completion date.
(d) The permit must 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 department in writing of its
compliance or noncompliance with the interim or final requirements, or submit
progress reports if (c) (ii) is applicable.
(2) An MPDES permit applicant or permittee
may cease conducting regulated activities (by terminating of direct discharge
for MPDES sources) rather than continuing to operate and meet permit
requirements as follows:
(a) 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 noncompliance with any interim or final
compliance schedule requirement already specified in the permit .
(b) If the decision to cease
conducting regulated activities is made before issuance of a permit whose term
includes the termination date, the permit must contain a schedule leading to
termination which will ensure timely compliance with applicable requirements no
later than the statutory deadline.
(c) If the permittee is undecided whether to
cease conducting regulated activities, the department may issue or modify a
permit to contain two schedules as follows:
(i) both schedules must 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 must lead to timely
compliance with applicable requirements, no later than the statutory
deadline;
(iii) the second schedule
must lead to cessation of regulated activities by a date which ensures timely
compliance with applicable requirements no later than the statutory
deadline;
(iv) each permit
containing two schedules must include a requirement that after the permittee
has made a final decision under (i) 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.
(d) The applicant's or permittee's decision
to cease conducting regulated activities must be evidenced by a firm public
commitment satisfactory to the department , such as a resolution of the board of
directors of a corporation.
(3) The board hereby adopts and incorporates
herein by reference the federal Clean Water Act ,
33 USC
1311 (b) (2) (A), (C), (E), and (F) which set
forth deadlines for achieving effluent limitations and treatment of toxic
pollutants. See ARM
17.30.1303 for complete
information about all materials incorporated by reference. Copies of these
materials are available from the Department of Environmental Quality, P.O. Box
200901, Helena, MT 59620-0901.
Notes
75-5-201, 75-5-401, MCA; IMP, 75-5-401, MCA;
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