§ 92a.51. Schedules of compliance.
(a) With respect to an existing discharge that is not in compliance with the water quality standards and effluent limitations or standards in § 92a.44 or § 92a.12 (relating to establishing limitations, standards, and other permit conditions; and treatment requirements), the applicant shall be required in the permit to take specific steps to remedy a violation of the standards and limitations in accordance with a legally applicable schedule of compliance, in the shortest, reasonable period of time, the period to be consistent with the Federal Act. Except as otherwise set forth in this subsection, a schedule of compliance specified in the permit must require compliance with final enforceable effluent limitations as soon as practicable, but in no case longer than 5 years, unless a court of competent jurisdiction issues an order allowing a longer time for compliance. Compliance schedules granted to CSO dischargers may exceed 5 years but may not exceed the period of implementation specified in an approved long-term control plan (LTCP).
(b) If the period of time for compliance specified in subsection (a) exceeds 1 year, a schedule of compliance will be specified in the permit that will set forth interim requirements and the dates for their achievement. If the time necessary for completion of the interim requirement such as the construction of a treatment facility is more than 1 year and is not readily divided into stages for completion, interim dates will be specified for the submission of reports of progress towards completion of the interim requirement. The time between interim dates may not exceed 1 year. For each NPDES permit schedule of compliance, interim dates and the final date for compliance must, to the extent practicable, fall on the last day of the months of March, June, September and December.
(c) Either before or up to 14 days following each interim date and the final date of compliance, the permittee shall provide the Department with written notice of the permittee’s compliance or noncompliance with the interim or final requirement.
Authority The provisions of this § 92a.51 amended under sections 5(b)(1) and 402 of The Clean Streams Law (35 P.S. § § 691.5(b)(1) and 691.402); and section 1920-A of The Administrative Code of 1929 (71 P.S. § 510-20).
Source The provisions of this § 92a.51 amended June 23, 2023, effective June 24, 2023, 53 Pa.B. 3309. Immediately preceding text appears at serial pages (352650) to (352651).
Cross References This section cited in 25 Pa. Code § 92a.21 (relating to application for a permit); 25 Pa. Code § 92a.71 (relating to transfer of permits); and 25 Pa. Code § 92a.75 (relating to reissuance of expiring permits).
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