Section 327IAC5-2-12. Schedules of compliance

   (a) Where appropriate, permits shall contain schedules of compliance requiring the permittee to take specific steps to achieve expeditious compliance with applicable standards and limitations and other requirements, including water quality-based limitations and requirements in accordance with this section, except for schedules of compliance for water quality-based effluent limitations for discharges within the Great Lakes system that are governed under section 12.1 of this rule. A schedule of compliance shall require compliance as soon as reasonably possible, but not later than the earlier of the following:

(1) An applicable statutory deadline.

(2) A deadline specified in a rule establishing applicable limitations, standards, or other requirements.

(3) If no statutory or regulatory deadline is expressly applicable, three (3) years from the date applicable standards, limitations, or other requirements are incorporated into the permit.

  (b) If any permit allows a time for achieving final compliance, which exceeds nine (9) months from the date of permit issuance, the schedule of compliance in the permit shall set forth interim requirements and the dates for their achievement as follows:

(1) In no event shall more than nine (9) months elapse between dates specified for interim requirements.

(2) If the time necessary for completion of any interim requirements (such as the construction of a treatment facility) is more than nine (9) months and is not readily divisible into stages for completion, the permit shall specify interim dates not more than nine (9) months apart for the submission of reports of progress toward completion of the interim requirements.

  (c) A permittee may terminate its direct discharge by cessation of operation or discharge to a POTW rather than achieve applicable standards and limitations by the final date for compliance established in its permit or in the CWA as follows:

(1) If the decision to terminate a direct discharge is made after issuance of a permit:

(A) the permit shall be modified or revoked and reissued to contain a schedule of compliance leading to termination of the direct discharge by a date which is no later than the statutory deadline; or

(B) the permittee shall terminate direct discharge before noncompliance with any interim requirement specified in the schedule of compliance in the permit.

(2) If the decision to terminate a direct discharge is made before issuance of the permit, the permit shall contain a schedule leading to termination of the direct discharge by a date which is no later than the statutory deadline.

(3) In all cases, the permittee's decision to terminate its direct discharge of pollutants shall be evidenced by a board of directors' resolution which has been made public or by such other means as evidences a firm public commitment.

  (d) The commissioner may, upon request of the applicant, modify a schedule of compliance in an issued permit if he determines good and valid cause (such as a natural disaster, strike, materials shortage, or other events over which the permittee has little or no control or remedy) exists for such modification under section 16 of this rule. In no case shall the compliance schedule be modified to extend beyond an applicable statutory treatment deadline.

  (e) New sources, new dischargers, sources which recommence discharging after terminating operations, and those sources which had been indirect dischargers and which commence discharging into navigable waters do not qualify for compliance schedules under this section in the initial permits issued to such dischargers. Moreover, such dischargers are subject to section 17(c)(4) of this rule. Such a discharger, however, may receive compliance schedules, where otherwise allowed under this rule, to achieve compliance with applicable standards, effluent limitations, and other requirements promulgated or otherwise established subsequent to the issuance of the initial permit. (Water Pollution Control Division; 327 IAC 5-2-12; filed Sep 24, 1987, 3:00 p.m.: 11 IR 627; filed Feb 26, 1993, 5:00 p.m.: 16 IR 1752; filed Jan 14, 1997, 12:00 p.m.: 20 IR 1464)