2018-10-22_REVISION - M2008078 (12)

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Part II Page 51 of 67 Permit No.COG500000 h. The filing of a request by the permittee for a permit modification, revocation and reissuance or termination does not stay any permit condition. i. All permit modifications and reissuances are subject to the antibacksliding provisions set forth in 61.10(e)through(g). j. If cause does not exist under this section,the Division shall not modify or revoke and reissue the permit. 6. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities,or penalties to which the permittee is or may be subject to under Section 311(Oil and Hazardous Substance Liability)of the Clean Water Act. 7. State Laws Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities,liabilities,or penalties established pursuant to any applicable State law or regulation under authority granted by Section 510 of the Clean Water Act. Nothing in this permit shall be construed to prevent or limit application of any emergency power of the division. 8. Permit Violations Failure to comply with any terms and/or conditions of this permit shall be a violation of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. Except as provided elsewhere in this permit, nothing in this permit shall be construed to relieve the permittee from civil or criminal penalties for noncompliance(40 CFR 122.41(a)(1)). 9. Severability The provisions of this permit are severable. If any provisions or the application of any provision of this permit to any circumstances,is held invalid,the application of such provision to other circumstances and the application of the remainder of this permit shall not be affected. 10. Confidentiality Any information relating to any secret process, method of manufacture or production,or sales or marketing data which has been declared confidential by the permittee,and which may be acquired,ascertained,or discovered,whether in any sampling investigation,emergency investigation,or otherwise,shall not be publicly disclosed by any member,officer,or employee of the Commission or the Division,but shall be kept confidential. Any person seeking to invoke the protection of this Subsection(12) shall bear the burden of proving its applicability. This section shall never be interpreted as preventing full disclosure of effluent data. 11. Fees The permittee is required to submit payment of an annual fee as set forth in the 2005 amendments to the Water Quality Control Act.Section 25-8-502(1)(b),and the Colorado Discharge Permit System Regulations 5 CCR 1002-61,Section 61.15 as amended. Failure to submit the required fee when due and payable is a violation of the permit and will result in enforcement action pursuant to Section 25-8-601 et.seq.,C.R.S. 1973 as amended. 12. Duration of Permit The duration of a permit shall be for a fixed term and shall not exceed five(5)years. If the permittee desires to continue to discharge,a permit renewal application shall be submitted at least one hundred eighty(180) calendar days before this permit expires. Filing of a timely and complete application shall cause the expired permit to continue in force to the effective date of the new permit. The permit's duration may be extended only through administrative extensions and not through interim modifications. If the permittee anticipates there will be no discharge after the expiration date of this permit,the Division should be promptly notified so that it can terminate the permit in accordance with Part 11.B.4. 13. Section 307 Toxics If a toxic effluent standard or prohibition,including any applicable schedule of compliance specified,is established by regulation pursuant to Section 307 of the Federal Act for a toxic pollutant which is present in the permittee's discharge and such standard