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Part II Page 38 of 56 Permit No. C00032115 D. DUTY TO MITIGATE A permittee must take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment. E. PROPER OPERATION AND MAINTENANCE A permittee must at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) that are installed or used by the permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the operation of backup or auxiliary facilities or similar systems which are installed only when the operation is necessary to achieve compliance with the conditions of this permit (40 C.F.R. 9122.41(e)). F. PERMIT ACTIONS This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition. Any request for modification, revocation, reissuance, or termination under this permit must comply with all terms and conditions of Regulation 61.8(8). (40 C.F.R. § 122.41(f)). G. PROPERTY RIGHTS In accordance with 40 CFR S122.41 (g) and Regulation 61.8(9): 1. The issuance of a permit does not convey any property or water rights in either real or personal property, or stream flows or any exclusive privilege. 2. The issuance of a permit does not authorize any injury to person or property or any invasion of personal rights, nor does it authorize the infringement of federal, state, or local laws or regulations. 3. Except for any toxic effluent standard or prohibition imposed under Section 307 of the Federal act or any standard for sewage sludge use or disposal under Section 405(d) of the Federal act, compliance with a permit during its term constitutes comp(iance, for purposes of enforcement, with Sections 301, 302, 306, 318, 403, and 405(a) and (b) of the Federal act. However, a permit may be modified, revoked and reissued, or terminated during its term for cause as set forth in Section 61.8(8) of the Colorado Discharge Permit System Regulations. H. DUTY TO PROVIDE INFORMATION The permittee shall furnish to the division, within a reasonable time, any information which the division may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit, or to determine compliance with this permit. The permittee shall also furnish to the division, upon request, copies of records required to be kept by this permit in accordance with 40 CFR 1 S22.41 (h) and/or Regulation 61.8(3)(q). I. INSPECTION AND ENTRY The permittee shall allow the division and the authorized representative, including U.S. EPA, and/or their authorized representatives (including an authorized contractor acting as their representative), upon the presentation of credentials as required by law, to conduct inspections in accordance with 40 CFR S122.41(i), Regulation 61.8(3), and Regulation 61.8(4): 1. To enter upon the permittee's premises where a regulated facility or activity is located or conducted in which any records are required to be kept under the terms and conditions of this permit (33 U.S.0 S 1318(a)(4)(B)(ii); 40 C.F.R. S122.41(i)(1)); 2. At reasonable times to have access to and copy any records required to be kept under the terms and conditions of this permit and to inspect any facilities, equipment (including monitoring and control equipment), practices, operations or monitoring method regulated or required in the permit (33 U.S.C. S 1318(a)(4)(B)(ii); 40 C.F.R. S 122.41(i)(2));