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ARr 11 ace 11 of 14 Pe mit No: CO-0036781 5. Permit Modification • After notice and opportunity for a hearing, the permit may be modified, suspended, or revoked in whole or in part during its term for cause including, but not limited to, the following: (A) Violation of any terms or conditions of this permit; (B) Obtaining this permit by misrepresentation or failure to disclose fully all relevant facts;' (C) A change in any condition which results in a temporary or permanent reduction, elimination, addition or increase of the permitted discharge. (Changes in ~,~ater Quality Standards, control regulation or duly promulgated plans would qualify as "a change in any condition."); (D) This permit shall be modified, or alternatively, revoked and reissued, to comply with any applicable effluent standard or limitation issued or approved under sections 301(b)(2)(C), and (D), 304(b)(2), and 307(a)(2) of the Clean Water Act, if Che effluent standard or limitation so issued or approved: (1) Contains different conditions or is otherwised more stringent than any effluent limitation in the permit; or (2) Controls any pollutant not limited in the permit. The permit as modified or reissued under this paragraph shall also contain any other requirements of the Act then applicable. -or- (E) Chances and additions in control regulations. • 6. Toxic Pollutants "lotwiths[anding "Permit Modification", paragraph 9-5 (above), if a toxic effluent standard or prohibition (including any schedule of compliance specified in such effluent standard or prohibition) is established under Section 307(a) of the Act for a toxic pollutant which is present in [he discharge and such standard or prohibition is more stringent than any limitation for such pollutant in this permit, this permit shall be revised or modified ;n accordance with the toxic e`fluent standard or prohibition and the permittee so notified. 7. Civil and Criminal Liability Except as provided in permit conditions on "9ypassing" (A-2-(C)) and "Reduction, Loss, or Failure of Treatment Facility" (A-7), nothing in this permit shall be construed to relieve the permittee from ci•~il or criminal oenaities for noncompliance. (See Fed. Reg. Vol. 45, 40. °8, 122.60). _. Oil and 4azardous Substance Liability tJOthino in this permit shall be construed to preclude the institution of any legal ac'ion or relieve the permittee f-c, any responsibilities, liabilities, or penalties to ~.ahich tie per~ittee is or -ay be subject under Section 311 of the Act. r1 LJ ~~t