Section 58.01.25.305 - COMPLIANCE SCHEDULES01.General. An IPDES permit may, when appropriate, specify a schedule leading to compliance with the CWA and these rules. a. Compliance schedules require compliance as soon as possible.b. The first IPDES permit issued to a new source or a new discharger will contain a compliance schedule only when necessary to allow a reasonable opportunity to attain compliance with requirements issued or revised after construction commences, but less than three (3) years before discharge commences.c. For recommencing dischargers, a compliance schedule will be available only when necessary to allow a reasonable opportunity to comply with requirements issued or revised less than three (3) years before discharge recommences.d. If a permit establishes a compliance schedule that exceeds one (1) year from the date of permit issuance, the schedule will state interim requirements and dates for achieving the interim requirements. If the schedule includes interim requirements: i. The time between interim dates will not exceed one (1) year, except for a compliance schedule with standards for sewage sludge use and disposal, the time between interim dates will not exceed six (6) months; orii. If the time to complete interim requirements (e.g., construction of a control facility) is more than one (1) year and is not readily divisible into stages for completion, the permit will specify interim dates for submitting reports of progress toward completing the interim requirements and indicate a projected completion date.e. Within fourteen (14) days following each interim and final date of compliance, the permittee must notify the Department in writing of its compliance or noncompliance with the interim or final requirements, or submit progress reports if Subsection 305.01.d.ii. applies.f. Permits may incorporate compliance schedules allowing a discharger to phase in, over time, compliance with water quality-based effluent limits in accordance with IDAPA 58.01.02.400, "Water Quality Standards."02.Alternative Compliance Schedules. An IPDES permit applicant or permittee may cease conducting regulated activities (by terminating direct discharge for point 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 that has already been issued:i. The permit may be modified to contain a new or additional schedule leading to timely cessation of activities; orii. The permittee must 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 issuing a permit with a termination date, the permit will contain a schedule leading to termination that will ensure timely compliance with 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 (2) schedules, as follows:i. Both schedules will contain an identical interim deadline requiring a final decision on whether to cease conducting regulated activities no later than a date that ensures sufficient time to comply with requirements in a timely manner if the decision is to continue conducting regulated activities;ii. The first schedule will lead to timely compliance with applicable requirements, no later than the statutory deadline;iii. The second schedule will cease regulated activities by a date that will ensure timely compliance with requirements no later than the statutory deadline; andiv. Each permit containing two (2) schedules shall include a requirement that after the permittee has made a final decision under Subsection 305.02.c., 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 shall be evidenced by a firm public commitment satisfactory to the Department, such as a resolution of the board of directors of a corporation.Idaho Admin. Code r. 58.01.25.305