Common use of Compliance Schedule Clause in Contracts

Compliance Schedule. A. Each of the Respondents shall comply with the requirements and reporting deadlines set forth in this Order on Consent and, according to the designation of responsible parties in the Compliance Schedule in Appendix B, once approved, the construction project milestones contained in such Appendix. The Compliance Schedule shall set forth the deadlines and milestones with which designated Respondents must comply in implementing the LTCP. The Compliance Schedule shall consist of, and the designated Respondents shall comply with, the final compliance schedule contained in an approved LTCP which compliance schedule shall include design, construction, post-construction monitoring, and operation deadlines and milestones and shall be appended hereto and incorporated herein as the Compliance Schedule in Appendix B to this Order on Consent. The Compliance Schedule may be developed with the expectation that the Department’s review of Completed Plans and Specifications would occur within sixty (60) days. 1. Respondents may revise the designations of responsible parties in the Compliance Schedule in Appendix B at their discretion and without modification of this Order on Consent on the condition that (1) the revised designation identifies one of Respondents; (2) every project listed in Appendix B shall have one or more designated responsible parties at all times during the term of this Order on Consent; (3) no revised designation shall become effective until notice of the same is provided to the Department under Article XIII (Communications) of this Order on Consent along with a certification by the Respondents to this Order on Consent that the revised designation has the consent of all Respondents to this Order on Consent and is in compliance with the applicable inter-municipal agreement(s) in effect between the parties concerning this LTCP; (4) such revised designation is accepted by the Department, which written acceptance shall not be unreasonably withheld, and a written denial, if any, will indicate the rationale therefore; (5) no such revised designation purports to change or has the effect of changing any deadline or milestone in the LTCP Compliance Schedule, once approved, or Appendix B hereto; and (6) within ten days of the Department’s written acceptance of the revised designation of responsible parties, a revised LTCP Compliance Schedule and Appendix B to this Order on Consent shall be prepared to conform to the revised designation of responsible parties and submitted to the Department under Article XIII of this Order on Consent. A revised designation of responsible parties that does not satisfy the six elements herein set forth shall be a violation of this Order on Consent. B. The Compliance Schedule in Appendix B is attached to and hereby incorporated into and made an enforceable part of this Order on Consent with respect to all Respondents. To comply with the appropriate deadline or milestone for a report or written submission, all documents must be submitted by the milestone dates set forth in Appendix B, in final form, and, unless otherwise agreed to in writing by the Department, which agreement shall not be unreasonably withheld, under the signature and seal of a professional engineer currently licensed to practice in New York State. Any violation of the terms, deadlines or milestones contained in Appendix B shall be a violation of the terms of this Order. C. A schedule or deadline for submission of a report or submission under this Paragraph may be extended for good cause shown by written agreement of the Department and all Respondents. In order to request an extension of a deadline for a report or submission, Respondents shall submit a written request for extension to the Department in accordance with Paragraph XI herein at least 60 days prior to the date on which the report or submission is due. A request for an extension of a deadline for a written submission shall not alter any other milestones and deadlines in the Compliance Schedule in Appendix B unless specifically addressed in the request. D. Compliance with the terms and requirements of this Order on Consent, including the schedules, timetables and requirements set forth in Appendix B and the LTCP, once approved, is required irrespective of the availability of financial assistance from Federal, State or other sources.

Compliance Schedule. A. Each (A) On or before three (3) months after issuance of this permit the Permittee shall verify in writing to the Commissioner that the alternative treatment technology is operating in accordance with the approved plans and specifications and is achieving compliance with all permit limits and conditions. The Permittee shall obtain written concurrence from the design engineer, the technology provider and the wastewater treatment facility operator who will be responsible for the operation of the Respondents wastewater treatment facility. (B) On or before seven (7) days after issuance of this permit, the Permittee shall comply with record on the requirements land records of the Town of Willington a document indicating the location of the zone of influence created by the subject discharge, as reflected in the application and reporting deadlines set forth in approved plans and specifications for this Order on Consent andpermit. On or before one (1) month after issuance of this permit, according the Permittee shall submit written verification to the designation Commissioner that the approved document indicating the location of responsible parties the zone of influence created by the subject discharge as reflected in the Compliance Schedule application for this permit has been recorded on the land records in Appendix B, once approvedthe Town of Willington. (C) On or before seven (7) days after issuance of this permit, the construction project milestones contained Permittee shall record a copy thereof on the land records in such Appendixthe Town of Willington. The Compliance Schedule shall set forth the deadlines and milestones with which designated Respondents must comply in implementing the LTCP. The Compliance Schedule shall consist of, and the designated Respondents shall comply withOn or before one (1) month after issuance of this permit, the final Permittee shall submit written verification to the Commissioner that this permit has been recorded in the land records in the Town of Willington. (D) Every two years, on or before the anniversary date of the issuance of this permit, the Permittee shall submit the results of a detailed permit compliance schedule contained in an approved LTCP which compliance schedule shall include design, construction, post-construction monitoring, and operation deadlines and milestones and audit to the Commissioner. Such audits shall be appended hereto and incorporated herein as the Compliance Schedule in Appendix B to this Order on Consent. The Compliance Schedule may be developed with the expectation that the Department’s review of Completed Plans and Specifications would occur performed within sixty (60) days. 1. Respondents may revise the designations of responsible parties in the Compliance Schedule in Appendix B at their discretion and without modification of this Order on Consent on the condition that (1) the revised designation identifies one of Respondents; (2) every project listed in Appendix B shall have one or more designated responsible parties at all times during the term of this Order on Consent; (3) no revised designation shall become effective until notice of the same is provided days prior to the Department under Article XIII (Communications) of this Order on Consent along with a certification by the Respondents to this Order on Consent that the revised designation has the consent of all Respondents to this Order on Consent and is in anniversary date. The compliance with the applicable inter-municipal agreement(s) in effect between the parties concerning this LTCP; (4) such revised designation is accepted by the Department, which written acceptance shall not be unreasonably withheld, and a written denial, if any, will indicate the rationale therefore; (5) no such revised designation purports to change or has the effect of changing any deadline or milestone in the LTCP Compliance Schedule, once approved, or Appendix B hereto; and (6) within ten days of the Department’s written acceptance of the revised designation of responsible parties, a revised LTCP Compliance Schedule and Appendix B to this Order on Consent audits shall be prepared to conform to the revised designation of responsible parties and submitted to the Department under Article XIII of this Order on Consent. A revised designation of responsible parties that does not satisfy the six elements herein set forth shall be performed by a violation of this Order on Consent. B. The Compliance Schedule in Appendix B is attached to and hereby incorporated into and made an enforceable part of this Order on Consent with respect to all Respondents. To comply with the appropriate deadline or milestone for a report or written submission, all documents must be submitted by the milestone dates set forth in Appendix B, in final form, and, unless otherwise agreed to in writing by the Department, which agreement shall not be unreasonably withheld, under the signature and seal of a qualified professional engineer currently licensed to practice in New York StateConnecticut with the appropriate education, experience and training which is relevant to the work required. Any Each audit shall evaluate compliance with all permit terms and conditions for the preceding two-year period. The evaluation shall review all pertinent records and documents as necessary, including Discharge Monitoring Reports (DMRs); laboratory reports; operations and maintenance plans and performance logs/records; equipment specifications and maintenance schedules; engineering drawings; and spare parts inventory. Each audit report shall include a description of all records and documents used in the evaluation, a summary of compliance with permit terms and conditions, and detailed descriptions of all remedial actions taken or proposed to address each violation or deficiency discovery. (E) A copy of each audit shall be submitted concurrently to the local WPCA and to the local Health Department. This permit is hereby issued on Xxxxx XxXxxxxx Deputy Commissioner Department of Energy and Environmental Protection cc: Eastern Highlands Health District Xxxxx Peeling, P.E., Kleinfelder DMR ATTACHMENT 1 Discharge Serial No. 301-2 Monitoring Location: G (influent) Wastewater Description: Westbound Side Domestic Sewage Influent to AdvanTex System Monitoring Location Description: Westbound Side EQ Tank Maximum Daily Flow: 5,000 gallons per day PARAMETER INSTANTANEOUS MONITORING Units Sample Type Sample Frequency Biochemical Oxygen Demand mg/l Grab Twice per month Total Suspended Solids mg/l Grab Twice per month Total Kjeldahl Nitrogen mg/l Grab Twice per month Discharge Serial No. 301-2 Monitoring Location: J (intermediate) Wastewater Description: Westbound Side Domestic Sewage Monitoring Location Description: Westbound Side Treatment Unit 1 Discharge Pump Maximum Daily Flow: 5,000 gallons per day PARAMETER INSTANTANEOUS MONITORING pH SU Grab Weekly Temperature o F Grab Weekly Alkalinity mg/l Grab Weekly Discharge Serial No. 301-2 Monitoring Location: 1 (effluent) Wastewater Description: Westbound Side Domestic Sewage Effluent Monitoring Location Description: Westbound Side Treatment Unit 2 Discharge Pump to Leaching System PARAMETER FLOW/TIME BASED MONITORING Units Average Daily Flow Limit Maximum Daily Flow Limit Sample Type Sample Frequency Flow Rate 1 gpd 2,989 4,483 Daily flow Continuous PARAMETER INSTANTANEOUS MONITORING Units Average Monthly Limit Maximum Concentration Sample Type Sample Frequency Biochemical Oxygen Demand mg/l 20 30 Grab Twice per month Total Suspended Solids mg/l 20 30 Grab Twice per month Total Nitrogen mg/l n/a 30 Grab Twice per month Ammonia mg/l n/a -- Grab Twice per month Nitrate Nitrogen mg/l n/a -- Grab Twice per month Nitrite Nitrogen mg/l n/a -- Grab Twice per month Total Kjeldahl Nitrogen mg/l n/a -- Grab Twice per month Total Phosphorus mg/l n/a -- Grab Twice per month pH SU n/a -- Grab Weekly Fecal Coliform col/100ml n/a 4 Grab Weekly FOOTNOTES: 1. For this parameter, the Permittee shall maintain at the facility a record of the termstotal flow for each day of discharge and shall report on the DMR the Average Daily Flow and the Maximum Daily Flow for each month. ADDITIONAL NOTES: 1. “---” in the limits column on this monitoring table means a limit is not specified, deadlines or milestones contained in Appendix B but monitoring is required and a value must be reported on the DMR. Discharge Serial No. 302-2 Monitoring Location: G (influent) Wastewater Description: Eastbound Side Domestic Sewage Influent to AdvanTex System Monitoring Location Description: Eastbound Side EQ Tank Maximum Daily Flow: 5,000 gallons per day PARAMETER INSTANTANEOUS MONITORING Biochemical Oxygen Demand mg/l Grab Twice per month Total Suspended Solids mg/l Grab Twice per month Total Kjeldahl Nitrogen mg/l Grab Twice per month Discharge Serial No. 302-2 Monitoring Location: J (intermediate) Wastewater Description: Eastbound Side Domestic Sewage Monitoring Location Description: Eastbound Side Treatment Unit 2 Discharge Pump Maximum Daily Flow: 5,000 gallons per day PARAMETER INSTANTANEOUS MONITORING pH SU Grab Weekly Temperature o F Grab Weekly Alkalinity mg/l Grab Weekly Discharge Serial No. 302-2 Monitoring Location: 1 (effluent) Wastewater Description: Eastbound Side Domestic Sewage Effluent Monitoring Location Description: Eastbound Side Treatment Unit 3 Discharge Pump to Leaching System PARAMETER FLOW/TIME BASED MONITORING Units Average Daily Flow Limit Maximum Daily Flow Limit Sample Type Sample Frequency Flow Rate1 gpd 2,817 4,225 Daily flow Continuous PARAMETER INSTANTANEOUS MONITORING Units Average Monthly Limit Maximum Concentration Sample Type Sample Frequency Biochemical Oxygen Demand mg/l 20 30 Grab Twice per month Total Suspended Solids mg/l 20 30 Grab Twice per month Total Nitrogen mg/l n/a 30 Grab Twice per month Ammonia mg/l n/a -- Grab Twice per month Nitrate Nitrogen mg/l n/a -- Grab Twice per month Nitrite Nitrogen mg/l n/a -- Grab Twice per month Total Kjeldahl Nitrogen mg/l n/a -- Grab Twice per month Total Phosphorus mg/l n/a -- Grab Twice per month pH SU n/a -- Grab Weekly Fecal Coliform col/100ml n/a 4 Grab Weekly FOOTNOTES: 1. For this parameter, the Permittee shall be maintain at the facility a violation record of the terms total flow for each day of this Order. C. A schedule or deadline discharge and shall report on the DMR the Average Daily Flow and the Maximum Daily Flow for submission of a report or submission under this Paragraph may be extended for good cause shown by written agreement of the Department and all Respondentseach month. In order to request an extension of a deadline for a report or submission, Respondents shall submit a written request for extension to the Department in accordance with Paragraph XI herein at least 60 days prior to the date on which the report or submission is dueADDITIONAL NOTES: 1. A request for an extension of a deadline for a written submission shall not alter any other milestones and deadlines “---” in the Compliance Schedule in Appendix B unless specifically addressed in the request. D. Compliance with the terms and requirements of limits column on this Order on Consentmonitoring table means a limit is not specified, including the schedules, timetables and requirements set forth in Appendix B and the LTCP, once approved, but monitoring is required irrespective and a value must be reported on the DMR. ATTACHMENT 2 Discharge Serial No. 301-2 Wastewater Description: Westbound Side Domestic Sewage Average Daily Flow: 2,989 gallons per day Maximum Daily Flow: 4,483 gallons per day Depth of the availability sludge in septic tank During pump-out Pump out septic tank Annually Mechanical inspection of financial assistance from Federal, State or other sources.septic tank baffles During pump-out Pump out equalization tank As needed Test run of emergency generator Monthly Water meter readings of daily water usage Quarterly Visual inspection of AdvanTex system Monthly Mechanical inspection of alarms Monthly Mechanical inspection of carbon feed system Monthly Mechanical inspection of alkalinity feed system Monthly Visual inspection of distribution xxxxxxxx Quarterly Visual inspection of surface condition of leaching field Quarterly Depth of ponding in leaching field Quarterly Mow grass over leaching field 3 times per year