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Part 11 <br />Page 43 of 56 <br />Permit No. C00032115 <br />through monitoring, modeling or other methods that the relevant standards were achieved in the receiving <br />water. <br />5. Burden of Proof: In any enforcement proceeding, the permittee seeking to establish the occurrence of an <br />upset has the burden of proof. <br />O. REOPENER CLAUSE <br />Procedures for modification or revocation. Permit modification or revocation of this permit or coverage under this <br />permit will be conducted according to Regulation 61.8(8). This permit may be reopened and modified (following proper <br />administrative procedures) to include the appropriate effluent limitations (and compliance schedule, if necessary), or <br />other appropriate requirements if one of the following events occurs, including but not limited to: <br />1. Water Quality Standards: The water quality standards of the receiving water(s) to which the permittee <br />discharges are modified in such a manner as to require different effluent limits than contained in this permit. <br />2. Wasteload Allocation: A wasteload allocation is developed and approved by the State of Colorado and/or EPA <br />for incorporation in this permit. <br />3. Discharger -specific variance: A variance is adopted by the Water Quality Control Commission. <br />4. Water Quality Assessment: a different water quality assessment is developed for the receiving waters that <br />modifies the permittee discharges in such a manner as to require different effluent limits than contained in <br />this permit. <br />P. OTHER INFORMATION <br />When the permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted <br />incorrect information in a permit application or in any report to the Division or U.S. EPA, the Discharger shall promptly <br />submit such facts or information. (40 C.F.R. S 122.41 (t)(8).) <br />Q. ADDITIONAL PROVISIONS <br />1. Existing manufacturing, commercial, mining, and silvicultural permittees shall notify the division as soon as <br />they know or have reason to believe (40 C.F.R. S 122.42(a)): <br />a. That any activity has occurred or will occur that would result in the discharge, on a routine or frequent <br />basis, of any toxic pollutant that is not limited in this permit, if that discharge will exceed the highest <br />of the following "notification levels" (40 C.F.R. S 122.42(a)(1)): <br />i. 100 micrograms per titer (Ng/L) (40 C.F.R. S 122.42(a)(1)(i)); <br />ii. 200 pg/L for acrolein and acrylonitrile; 500 pg/L for 2,4-dinitrophenol and 2-methyl-4,6- <br />dinitrophenot; and 1 milligram per titer (mg/L) for antimony (40 C.F.R. S 122.42(a)(1)(ii)); <br />iii. Five (5) times the maximum concentration value reported for that pollutant in the application <br />(40 C.F.R. S 122.42(a)(1)(iii)); or <br />iv. The level established by the division in accordance with section 122.44(f). (40 C.F.R. S <br />122.42(a)(1)(iv).) <br />That any activity has occurred or will occur that would result in the discharge, on a nonroutine or <br />infrequent basis, of any toxic pollutant that is not limited in this permit, if that discharge will exceed <br />the highest of the following "notification levels" (40 C.F.R. S 122.42(a)(2)): <br />i. 500 micrograms per liter (Ng/L) (40 C.F.R. S 122.42(a)(2)(i)); <br />ii. 1 milligram per liter (mg/L) for antimony (40 C.F.R. S 122.42(a)(2)(ii)); <br />iii. Ten (10) times the maximum concentration value reported for that pollutant in the application <br />(40 C.F.R. S 122.42(a)(2)(iii)); or <br />iv. The level established by the division in accordance with section 122.44(f). (40 C.F.R. S <br />122.42(a)(2)(iv). ) <br />R. SEVERABILITY <br />