The department shall amend the state water quality standards to authorize compliance schedules in excess of ten years for discharge permits issued under this chapter that implement allocations contained in a total maximum daily load under certain circumstances. Any such amendment must be submitted to the United States environmental protection agency under the clean water act. Compliance schedules for the permits may exceed ten years if the department determines that:

     (1) The permittee is meeting its requirements under the total maximum daily load as soon as possible;

     (2) The actions proposed in the compliance schedule are sufficient to achieve water quality standards as soon as possible;

     (3) A compliance schedule is appropriate; and

     (4) The permittee is not able to meet its waste load allocation solely by controlling and treating its own effluent.

[2009 c 457 § 1.]