Section 309.148  Schedules of Compliance

The Agency shall establish schedules of compliance in NPDES Permits in the following manner:

a)         With respect to any discharge which is not in compliance with applicable effluent standards and limitations, applicable water quality standards and limitations, applicable water quality standards or other legally applicable requirements, the permittee shall be required to take specific steps to achieve compliance therewith in the shortest reasonable period of time consistent with the guidelines and requirements of CWA and the Act.

b)         In any case where the period of time for compliance specified in Subsection (a) above exceeds 9 months, a schedule of compliance shall be specified in the permit which will set forth interim requirements and the dates for their achievement; in no event shall more than 9 months elapse between interim dates.  If the time necessary for completions of the interim requirements in more than 9 months and is not readily divided into stages for completion, interim dates shall be specified for the submission of reports of progress toward completion of the interim requirement.  For each NPDES Permit schedule of compliance, interim dates and the final date for compliance shall, to the extent practicable, fall on the last day of the months of March, June, September, and December.

c)         Not later than 14 days following each interim date and the final date of compliance, the permittee shall provide the Agency with written notice of the permittee's compliance or noncompliance with the interim or final requirement.

d)         Interim and final compliance dates in NPDES permits shall be enforceable without otherwise showing a violation of an effluent limitation or injury to water quality.

e)         The Agency shall make available for public inspection and copying at its Springfield and Chicago offices a copy of the quarterly list as filed with the Regional Administrator in accordance with 40 CFR 124.44(d).

f)          The Agency may establish schedules of compliance in NPDES permits pursuant to applicable federal requirements which may be earlier or later than deadlines established by otherwise applicable regulations of the Board, provided that all schedules of compliance shall require compliance at the earliest reasonable date.  However, the Agency shall not issue an NPDES Permit containing a schedule of compliance beyond July 1, 1977, or any other compliance date established by federal law, to any applicant who is not in compliance with, or who has not obtained a variance from applicable Illinois Water Pollution Regulations, or who has not been ordered to apply for and obtain all necessary permits in an appropriate Board enforcement action, for which the deadline for compliance occurred before the effective date of these NPDES Regulations.

g)         In any case in which an NPDES permit includes a schedule of compliance, the Agency shall include in its final determination a statement of the factual basis for such schedule.

h)         Schedules of compliance established by the Agency in NPDES Permits shall be subject to review by the Pollution Control Board in accordance with Sections 309.181 and 309.182 herein.

(Source:  Amended at 2 Ill. Reg. 16, p. 20, effective April 20, 1978)