NAC445A.244. Schedules of compliance.

     1. In addition to the application of the water quality standards and limitations and other legally applicable requirements pursuant to subsection 3 of NAC 445A.243, the Director shall adhere to the following procedures in establishing schedules of compliance:

     (a) A permit issued for any discharge not in compliance with the requirements listed in subsection 3 of NAC 445A.243 must contain a schedule to reach compliance with those requirements. The schedule must set forth interim requirements and the dates for their achievement.

     (b) Not later than 14 days following each interim date and the final date for compliance contained in the schedule, the holder of the permit shall provide the Director with written notice of the holder’s compliance or noncompliance with the interim or final requirement.

     (c) If a holder of a permit fails or refuses to comply with an interim or final requirement in a permit, such noncompliance constitutes a violation of the permit for which the Director may suspend or revoke the permit or take direct enforcement action.

     2. A compliance schedule to bring an existing point source into compliance with a discharge limitation based on a water quality standard may be established in a permit for the point source if:

     (a) The schedule requires compliance with the discharge limitation as soon as practicable; and

     (b) The owner or operator of the point source demonstrates that the requirements of §§ 301(b) and 306 of the Act have been satisfied and that the point source cannot comply immediately with the discharge limitation through the application of existing water pollution control technology or operational changes.

     [Environmental Comm’n, Water Pollution Control Reg. §§ 5.4-5.4.5, eff. 2-26-75]—(NAC A 11-1-95)