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PART II <br />Page 14 of 19 <br />Permit No.: CO -048233 <br />14. Reduction, Loss, or Failure of Treatment Facility <br />The permittee has the duty to halt or reduce any activity if necessary to maintain compliance with the effluent limitations of <br />the permit. Upon reduction, loss, or failure of the treatment facility, the permittee shall, to the extent necessary to maidain <br />compliance with its permit, control production, control sources of wastewater, or all discharges, until the facility is restored or <br />an alternative method of treatment is provided. This provision also applies to power failures, unless an alternative power <br />source sufficient to operate the wastewater control facilities is provided. <br />It shall not be a defense for a permittee in an enforcement action that it would be necessary to halt or reduce the permitted <br />activity in order to maintain compliance with the conditions ofthis permit. <br />B. RESPONSIBILITIES <br />1. Inspections and Right to Entry <br />The permittee shall allow the Division and/or the authorized representative, upon the presentation of credentials: <br />a. To enter upon the permittee's premises where a regulated facility or activity is located or in which any records are <br />required to be kept under the terms and conditions of this permit; <br />b. At reasonable times to have access to and copy any records required to be kept under the terms andconditions of this <br />permit and to inspect any monitoring equipment or monitoring method required in the permit; and <br />c. To enter. upon the permittee's premises in a reasonable manner and at..a.reasonable time to inspect and/or- investigate, any, <br />actual, :suspected, or potential source of.water pollution, or to ascertain compliance or noncompliance -with the Colorado • <br />Water Quality Control Act or any other applicable state or federal statute or regulation or any order promulgated by the <br />Division. The investigation may include, but is not limited to, the following: sampling of any discharge and/or -process' - <br />waters, the taking ofphotographs, interviewing of any person having knowledge related to the discharge permit or alleged <br />violation, access to any and all facilities or areas within the permittee's premises that may have any affect on the <br />discharge, permit, or alleged violation. Such entry is also authorized for the purpose of inspecting and copying records <br />required to be kept concerning any effluent source. <br />d. The permittee shall provide access to the Division to sample the discharge at a point after the final treatment process but <br />prior to the discharge mixing with state waters upon presentation of proper credentials. <br />In the making of such inspections, investigations, and determinations, the Division, insofar as practicable, may designate as its <br />authorized representatives any qualified personnel of the Department of Agriculture. The Division may also request <br />assistance from any other state or local agency or institution. <br />2. Duty to Provide Information <br />The permittee shall famish to the Division, within a reasonable time, any information which the Division may request to <br />determine whether cause exists for modifying, revoking and reissuing, or terminating his permit, or to determine compliance <br />with this permit. The permittee shall also furnish to the Division, upon request, copies of records required to be kept by his <br />permit. <br />3. Transfer of Ownership or Control <br />a. Except as provided in paragraph b. of this section, a permit may be transferred by a permittee only if the permit has been <br />modified or revoked and reissued as provided in Section 61.8(8) of the Colorado Discharge Permit System Regulations, <br />to identify the new permittee and to incorporate such other requirements as may be necessary under the Federal Act. <br />b. A permit may be automatically transferred to a new permittee if- <br />• <br />i) The current permittee notifies the Division in writing 30 days in advance of the proposed transfer date; and <br />ii) The notice includes a written agreement between the existing and new permittee(s) containing a specific date for <br />transfer of permit responsibility, coverage and liability between them; and <br />