§ 3906. Compliance Schedule Policy.

On March 24, 2004, the North Coast Regional Water Quality Control Board (North Coast Water Board) adopted Resolution No. R1-2004-0011, thereby amending Chapters 3 and 4 of the Water Quality Control Plan for the North Coast Region (Basin Plan). The amendment authorizes the inclusion of compliance schedules in National Pollutant Discharge Elimination System (NPDES) permits under the following circumstances:

1. Where the NPDES limitations are implementing water quality objectives, criteria, or prohibitions that are adopted, revised, or newly interpreted after the effective date of this amendment. Compliance schedules shall not exceed ten years after adoption, revision, or reinterpretation of the objectives, criteria, or prohibitions;

2. Where a discharger, currently operating under a non-NPDES permit, under new interpretation of the law is required to comply with NPDES permitting limitations that implements water quality objectives, criteria, or prohibitions that are adopted, revised, or newly interpreted after July 1, 1977 and that are not included in the permit. Compliance schedules shall not exceed ten years after the effective date of the initial NPDES permit; and

3. Where a discharger is required to comply with a Total Maximum Daily Load (TMDL) adopted as a single permitting action that implements water quality objectives, criteria, or prohibitions that are adopted, revised, or newly interpreted after the effective date of this amendment. Compliance may extend beyond ten years from the date of permit issuance.

Schedules of compliance shall contain interim limits and shall in all cases be as short as feasible. An existing discharger must submit a written request and prove to the North Coast Water Board's satisfaction that it is infeasible to immediately comply with NPDES effluent or receiving water limitations. A discharger must further provide: (1) results of diligent efforts to quantify pollutant levels in the discharge and the sources of the pollutant in the waste stream; (2) documentation of source control efforts currently underway or completed; (3) a proposed schedule for additional source control measures or waste treatment; (4) the highest discharge quality that is feasible to achieve until final compliance is attained; (5) a demonstration that the proposed schedule of compliance is as short as feasible; (6) data demonstrating current treatment facility performance; and (7) additional information and analyses, to be determined by the North Coast Water Board on a case-by-case basis.

HISTORY

1. New section summarizing basin plan amendment filed 8-18-2005; operative 8-18-2005. Amendment adopted 3-24-2004 by Regional Board Resolution No. R1-2004-0011. Approved by OAL pursuant to Government Code section 11353 (Register 2005, No. 33).