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Permit, Part II <br />Page 35 of 47 <br />Permit No. C00000213 <br />iii) Changing an interim date in a schedule of compliance, provided the new date of compliance is not more than 120 <br />calendar days after the date specific in the existing permit and does not interfere with attainment of the final <br />compliance date requirement; or <br />iv) Allowing for a transfer in ownership or operational control of a facility where the Division determines that no other <br />change in the permit is necessary, provided that a written agreement containing a specific date for transfer of <br />permit responsibility, coverage and liability between the current and new permittees has been submitted to the <br />Division; or <br />v) Changing the construction schedule for a discharger which is a new source, but no such change shall affect a <br />discharger's obligation to have all pollution control equipment installed and in operation prior to discharge; or <br />vi) Deleting a point source outfall when the discharge from that outfall is terminated and does not result in discharge <br />of pollutants from other outfalls except in accordance with permit limits. <br />vii) Incorporating conditions of a POTW pretreatment program that has been approved in accordance with the <br />procedures in 40 CFR 403.11 (or a modification thereto that has been approved in accordance with the procedures <br />in 40 CFR 403.18) as enforceable conditions of the POTW's permits. <br />g. When a permit is modified, only the conditions subject to modification are reopened. If a permit is revoked and <br />reissued, the entire permit is reopened and subject to revision and the permit is reissued for a new term. <br />h. The filing of a request by the permittee for a permit modification, revocation and reissuance or termination does not <br />stay any permit condition. <br />i. All permit modifications and reissuances are subject to the antibacksliding provisions set forth in 61.10(e) through (g). <br />j. If cause does not exist under this section, the Division shall not modify or revoke and reissue the permit. <br />6. Oil and Hazardous Substance Liability <br />Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any <br />responsibilities, liabilities, or penalties to which the permittee is or may be subject to under Section 311 (Oil and Hazardous <br />Substance Liability) of the Clean Water Act. <br />7. State Laws <br />Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any <br />responsibilities, liabilities, or penalties established pursuant to any applicable State law or regulation under authority <br />granted by Section 510 of the Clean Water Act. Nothing in this permit shall be construed to prevent or limit application of <br />any emergency power of the division. <br />8. Permit Violations <br />Failure to comply with any terms and/or conditions of this permit shall be a violation of this permit. The discharge of any <br />pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation <br />of the permit. Except as provided elsewhere in this permit, nothing in this permit shall be construed to relieve the <br />permittee from civil or criminal penalties for noncompliance (40 CFR 122.41(a)(1)). <br />9. Severability <br />The provisions of this permit are severable. If any provisions or the application of any provision of this permit to any <br />circumstances, is held invalid, the application of such provision to other circumstances and the application of the remainder <br />of this permit shall not be affected. <br />