La. Admin. Code tit. 33 § IX-2713

Current through Register Vol. 50, No. 11, November 20, 2024

Section IX-2713 - Schedules of Compliance

A. General. The permit may, when appropriate, specify a schedule of compliance leading to compliance with the CWA and regulations.

1. Time for Compliance. Any schedules of compliance under this Section shall require compliance as soon as possible, but not later than the applicable statutory deadline under the CWA.

2. The first LPDES permit issued to a new source or a new discharger shall 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 shall 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.

3. Interim Dates. Except as provided in LAC 33:IX.2713.B.1.b, if a permit establishes a schedule of compliance which exceeds one year from the date of permit issuance, the schedule shall set forth interim requirements and the dates for their achievement.

a. The time between interim dates shall not exceed one year, except that in the case of a schedule for compliance with standards for sewage sludge use and disposal, the time between interim dates shall not exceed six months.

b. 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 shall specify interim dates for the submission of reports of progress toward completion of the interim requirements and indicate a projected completion date.

Note: Examples of interim requirements include:

(a). Submit a complete Step 1 construction grant (for POTWs);

(b). let a contract for construction of required facilities;

(c). commence construction of required facilities;

(d). complete construction of required facilities.

4. Reporting. The permit shall 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 state administrative authority in writing of its compliance or noncompliance with the interim or final requirements, or submit progress reports if LAC 33:IX.2713.A.3.b is applicable.

B. Alternative Schedules of Compliance. An LPDES permit applicant or permittee may cease conducting regulated activities (by terminating of direct discharge for LPDES sources) rather than continuing to operate and meet permit requirements as follows.

1. If the permittee decides to cease conducting regulated activities at a given time within the term of a permit which has already been issued:

a. the permit may be modified to contain a new or additional schedule leading to timely cessation of activities; or

b. the permittee shall cease conducting permitted activities before non-compliance with any interim or final compliance schedule requirement already specified in the permit.

2. If the decision to cease conducting regulated activities is made before issuance of a permit whose term will include the termination date, the permit shall contain a schedule leading to termination which will ensure timely compliance with applicable requirements no later than the statutory deadline.

3. If the permittee is undecided whether to cease conducting regulated activities, the state administrative authority may issue or modify a permit to contain two schedules as follows:

a. both schedules shall 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;

b. one schedule shall lead to timely compliance with applicable requirements, no later than the statutory deadline;

c. the second schedule shall lead to cessation of regulated activities by a date which will ensure timely compliance with applicable requirements no later than the statutory deadline;

d. each permit containing two schedules shall include a requirement that after the permittee has made a final decision under LAC 33:IX.2713.B.3.a, 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.

4. The applicant's or permittee's decision to cease conducting regulated activities shall be evidenced by a firm public commitment satisfactory to the state administrative authority, such as a resolution of the board of directors of a corporation.

La. Admin. Code tit. 33, § IX-2713

Promulgated by the Department of Environmental Quality, Office of Water Resources, LR 21:945 (September 1995), repromulgated by the Office of Environmental Assessment, Environmental Planning Division, LR 30:230 (February 2004).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2001 et seq., and in particular Section 2074(B)(3) and (B)(4)