Section 310.432  Schedules of Compliance

a)         The Agency must establish a schedule of compliance in any pretreatment permit unless the industrial user demonstrates compliance with this Part and 35 Ill. Adm. Code 307.

b)         Schedules of compliance must require the permittee to take specific steps to achieve compliance within the shortest practicable period of time, and must be consistent with requirements in the Clean Water Act and 40 CFR 403, incorporated by reference in Section 310.107.

c)         The schedule of compliance must contain the following:

1)         Increments of progress in the form of dates to commence and complete major events leading to the construction and operation of additional pretreatment required to meet the standards of 35 Ill. Adm. Code 307.  No increment of progress may exceed nine months.

2)         A requirement that the industrial user submit progress reports no later than 14 days following each date in the schedule, including the final date for compliance.  The progress report must include, at a minimum, the following:

A)        Whether or not the industrial user met the date specified in the schedule of compliance; and

B)        If the industrial user did not meet the dates, the date on which the user expects to accomplish this increment of progress, the reason for the delay and steps being taken to return construction to the schedule of compliance.

3)         A requirement that in no event may more than nine months elapse between progress reports.

4)         A statement that the schedule of compliance does not protect the industrial user from enforcement.

d)         The schedule of compliance does not protect the industrial user from enforcement.  It is not necessary to show a violation of a pretreatment standard or requirement to enforce interim and final compliance dates.

(Source:  Amended at 47 Ill. Reg. 5083, effective March 23, 2023)