Sec. 26.08.04.02. Requirements for the Issuance and Reissuance of Discharge Permits

A. General. The Department shall issue or reissue a discharge permit upon a determination that:

(1) The discharge or proposed discharge specified in the application is or will be in compliance with all applicable requirements of:

(a) Effluent limitations,

(b) Surface and ground water quality standards,

(c) The Federal Act,

(d) State law or regulation,

(e) Best available technology, and

(f) Federal effluent guidelines;

(2) The discharge or proposed discharge from publicly owned treatment works (POTW) or other sewage treatment works, and the sewerage systems, including the pumping stations, which serve the POTW or other treatment works, are in compliance with:

(a) The continuing planning process required under §303(e) of the Federal Act; and

(b) The approved county water and sewerage plan adopted under Environment Article, Title 9, Subtitle 5, Annotated Code of Maryland;

(3) The provisions of existing discharge permits, as issued, and any outstanding administrative orders affecting the applicant or his affiliate have been or are being complied with by the applicant and his affiliate;

(4) Industrial waste treatment works, publicly owned treatment works, or other sewage treatment works are operated and maintained by a certified operator under the provisions of Environment Article, Title 12, Annotated Code of Maryland, and applicable regulations; and

(5) The requirements of Regulations .01, .01-1, and .01-2 of this chapter have been met.

B. Conformance with Federal Act. In the absence of formally promulgated effluent standards and limitations under the Federal Act, the Department shall apply, in the terms and conditions of issued discharge permits, effluent limitations to achieve the purpose of the Federal Act.

C. Compliance Schedule.

(1) The Department may impose a compliance schedule as a condition of a permit for existing discharges which do not comply with permit conditions, effluent limits, or water quality standards.

(2) When a compliance schedule is imposed, the Department shall:

(a) Require the permittee to achieve compliance within:

(i) Applicable periods established in effluent limitations or water quality standards, or

(ii) In the absence of any legally applicable schedule of compliance, the shortest reasonable time consistent with the requirements of the Federal Act and State law or regulation;

(b) Set for each compliance schedule that is longer than 9 months, interim dates of 9 months or less for:

(i) Compliance with interim requirements, or

(ii) Submission of reports of progress toward completion of the interim requirements;

(c) Require the permittee to provide written notice of the permittee's compliance or noncompliance with the interim or final requirements within 14 days following each interim or final compliance date;

(d) Prepare and report to the EPA on the last day of February, May, August, and November, a list of all instances occurring in the quarter before the report where the permittee failed to:

(i) Comply with an interim or final requirement, or

(ii) Notify the Department of compliance or noncompliance with each interim or final requirement; and

(e) Make available to the public for inspection and copying, the quarterly lists reporting failure to comply with compliance schedules.

(3) The compliance schedule may be modified according to Regulation .10D of this chapter.