Schedules of compliance in issued national pollutant discharge elimination system permits

1. With respect to any discharge which is not in compliance with applicable effluent standards and limitations, water quality standards, or other requirements listed in section 33.1-16-01-13, the permittee shall be required to take specific steps to achieve compliance with such applicable effluent standards and limitations, water quality standards, or other requirements: a. In accordance with any applicable schedule of compliance contained in: (1) Applicable effluent standards and limitations; (2) If more stringent, water quality standards; or (3) If more stringent, requirements listed in section 33.1-16-01-13; or b. In the absence of any applicable schedule of compliance, within a reasonable period of time, as provided in subsection 13 of North Dakota Century Code section 61-28-04; provided, that such period shall be consistent with the guidelines and requirements of the Federal Water Pollution Control Act. 2. A permit issued to a new source, new discharger, or recommencing discharger may contain a compliance schedule, but only when necessary to allow a reasonable opportunity to attain compliance with requirements issued or revised less than three years before commencement or recommencement of the discharge. For a new source or new discharger, such requirements must also have been issued or revised prior to commencement of construction. 3. When the period of time for compliance specified in subsection 1 exceeds nine months, a schedule of compliance shall be specified in the permit which will set forth interim requirements and the dates for their achievement; in no event shall more than nine months elapse between interim dates. If the time necessary for the completion of the interim requirements, such as the construction of a treatment facility, is more than nine months and is not readily divided into stages for completion, interim dates shall be specified for the submission of reports of progress toward completion of the interim requirement. For each national pollutant discharge elimination system permit schedule of compliance, interim dates and the final date for compliance shall, to the extent practicable, fall on the last day of the months of March, June, September, and December. 4. Either before or up to fourteen 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. 5. On the last day of the months of February, May, August, and November, the department shall transmit to the regional administrator a list of all instances, as of thirty days prior to the date of such report, of failure or refusal of a permittee to comply with an interim or final requirement or to notify the department of compliance or noncompliance with each interim or final requirement of this section. Such list shall be available to the public for inspection and copying and shall contain at least the following information with respect to each instance of noncompliance: a. Name and address of each noncomplying permittee. b. A short description of each instance of noncompliance. c. A short description of any actions or proposed actions by the permittee or department to comply or enforce compliance with the interim or final requirement. d. Any details which tend to explain or mitigate an instance of noncompliance with an interim or final requirement. 6. If a permittee fails or refuses to comply with an interim or final requirement in a national pollutant discharge elimination system permit, such noncompliance shall constitute a violation of the permit for which the department may modify, suspend, or revoke the permit or take direct enforcement action.