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PART II
<br />A. DUTY TO COMPLY
<br />Part II
<br />Page 37 of 56
<br />Permit No. C00032115
<br />The permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation
<br />of the Water Quality Control Act and is grounds for: 1) enforcement action; 2) for permit termination,
<br />revocation and reissuance, or modification; or 3) denial of a permit renewal application.
<br />2. Federal Enforcement:
<br />a. The permittee shall comply with effluent standards or prohibitions established under section 307(a)
<br />of the Clean Water Act for toxic pollutants and with standards for sewage sludge use or disposal
<br />established under section 405(d) of the CWA within the time provided in the regulations that
<br />establish these standards or prohibitions or standards for sewage sludge use or disposal, even if the
<br />permit has not yet been modified to incorporate the requirement.
<br />b. The Clean Water Act provides that any person who violates section 301, 302, 306, 307, 308, 318 or
<br />405 of the Act, or any permit condition or limitation implementing any such sections in a permit
<br />issued under section 402, or any requirement imposed in a pretreatment program approved under
<br />sections 402(a)(3) or 402(b)(8) of the Act, is subject to a civil penalty not to exceed $25,000 per day
<br />for each violation. The Clean Water Act provides that any person who negligently violates sections
<br />301, 302, 306, 307, 308, 318, or 405 of the Act, or any condition or limitation implementing any of
<br />such sections in a permit issued under section 402 of the Act, or any requirement imposed in a
<br />pretreatment program approved under section 402(a)(3) or 402(b)(8) of the Act, is subject to
<br />criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment of not more than 1
<br />year, or both. In the case of a second or subsequent conviction for a negligent violation, a person
<br />shall be subject to criminal penalties of not more than $50,000 per day of violation, or by
<br />imprisonment of not more than 2 years, or both. Any person who knowingly violates such sections, or
<br />such conditions or limitations is subject to criminal penalties of $5,000 to $50,000 per day of
<br />violation, or imprisonment for not more than 3 years, or both. In the case of a second or subsequent
<br />conviction for a knowing violation, a person shall be subject to criminal penalties of not more than
<br />$100,000 per day of violation, or imprisonment of not more than 6 years, or both. Any person who
<br />knowingly violates section 301, 302, 303, 306, 307, 308, 318 or 405 of the Act, or any permit
<br />condition or limitation implementing any of such sections in a permit issued under section 402 of the
<br />Act, and who knows at that time that he thereby places another person in imminent danger of death
<br />or serious bodily injury, shall, upon conviction, be subject to a fine of not more than $250,000 or
<br />imprisonment of not more than 15 years, or both. In the case of a second or subsequent conviction
<br />for a knowing endangerment violation, a person shall be subject to a fine of not more than $500,000
<br />or by imprisonment of not more than 30 years, or both. An organization, as defined in section
<br />309(c)(3)(B)(iii) of the CWA, shall, upon conviction of violating the imminent danger provision, be
<br />subject to a fine of not more than $1,000,000 and can be fined up to $2,000,000 for second or
<br />subsequent convictions.
<br />c. Any person may be assessed an administrative penalty by the Administrator for violating section 301,
<br />302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of
<br />such sections in a permit issued under section 402 of this Act. Administrative penalties for Class I
<br />violations are not to exceed $10,000 per violation, with the maximum amount of any Class I penalty
<br />assessed not to exceed $25,000. Penalties for Class II violations are not to exceed $10,000 per day for
<br />each day during which the violation continues, with the maximum amount of any Class II penalty not
<br />to exceed $125,000.
<br />B. DUTY TO REAPPLY
<br />If the permittee plans to continue an activity regulated by this permit after the expiration date of this permit, they
<br />must apply for and obtain a new permit within 180 days as required by Regulation 61.4 and 61.10.
<br />C. NEED TO HALT OR REDUCE ACTIVITY NOT A DEFENSE
<br />It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce
<br />the permitted activity in order to maintain compliance with the conditions of this permit.
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