18 AAC 70.910. Compliance schedule

(a) If the department determines that more time is required for a facility to come into full compliance with the water quality standards under this chapter, and if the department determines that allowing a facility more time to come into full compliance will not harm or threaten public health or the environment, the department will include as a condition of a permit, certification, or approval issued under this chapter, or as a means for complying with water quality standards under this chapter, a compliance schedule for a requirement

(1) with which a facility is not in compliance when a permit or certification is issued; or

(2) that becomes effective during the life of a permit or certification and with which a facility will not be in compliance.

(b) A compliance schedule issued under this section must

(1) contain a narrative description of how the facility will achieve compliance;

(2) include remedial measures specified as a sequence of actions enforceable by the department, and with completion dates leading to compliance for each requirement;

(3) require compliance in as brief a time as feasible;

(4) if compliance is not achievable in one year, include a schedule for the permittee to submit regular progress reports to the department; a progress report submitted as required under that schedule must include

(A) the activities and completion dates required in the compliance schedule and the dates when those activities were achieved; and

(B) an explanation of why a completion date was not or cannot be met and a description of corrective measures taken;

(5) include requirements comparable to and at least as stringent as any compliance plan requirement contained in a judicial consent decree or administrative order that applies to the facility; and

(6) include a statement that the compliance schedule does not prevent the department from pursuing an enforcement action for noncompliance with a permit condition not covered by the compliance schedule.

(1) the permittee has shown good cause for the revision;

(2) a shorter period for achieving compliance is required to adequately protect water quality; or

(3) a shorter period for achieving compliance is feasible because one or more steps in the compliance schedule become necessary or achievable in less time.

(d) A permittee who fails to comply with an interim or final compliance date set out in a compliance schedule is in violation of the permit, certification, or approval to which the compliance schedule applies, and is subject to enforcement action by the department, including modification, suspension, or revocation of the permit, certification, or approval.

(e) A compliance schedule included in an NPDES permit issued by EPA, or a revision of that compliance schedule, is subject to federal regulations, including 40 C.F.R. 122.

History: Eff. 4/29/99, Register 150

Authority: AS 46.03.020

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