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PART <br />Page No. 23 <br />Permit No.: CO-0038776 <br />5. Modification, Susnension, Revocation, or Teanination of Permits By the Division (continued) <br />e. Upon consent by the ennittee, the Division may make minor permit modifications without following the requirements of <br />Sections 61.5(2), 61.5(p3), 61.7, and 61.15 of [he Colorado Dischazge Permit System Regulations. Minor modifications to <br />permits aze limited to: <br />i) Conecting typographical eaors; or <br />ii) Increasing the frequency of monitoring or reporting by the petmittee; or <br />iii) Changing an interim date in a schedule of compliance, provided the new date of compliance is not more than 120 days after <br />the date specific in the existing permit and does not interfere with attainment of the final compliance date requirement; or <br />iv) Allowing for a transfer in ownership or operational control of a facility where the Division determines that no other change <br />in the permit is necessary, provided that a written agreement containing a specific date for transfer of permit responsibility, <br />coverage and liability between the cunent and new permittees has been submitted to the Division; or <br />v) Changing the constmction schedule for a dischazger which is a new source, but no such change shall affect a dischatgeis <br />obligation to have all pollution conhol equipment installed and in operation prior to discharge; or <br />vi) Deleting a point source outfall when the discharge from that outfall is temvnated and does not result in discharge of <br />pollutants from other outfalls except in accordance with permit limits. <br />f. When a pemut is modified, only the conditions subject to modification aze reopened. If a permit is revoked and reissued, the <br />entire pemut is reopened and subject to revision and the permit is reissued for a new temt <br />g. The filing of a request by the permittee fora permit modification, revocation and reissuaace or termination does not stay any <br />pemvt condifion. <br />h. All permit modifications and reissuances aze subject to the antibacksliding provisions set forth in 61.10(e) through (g). <br />6. Oil and Hazazdous Substance Liability <br />Nothing in this permit shall be constmed to preclude the institution of any legal action or relieve the ermittee from any <br />responsibilities, liabilities, or penalties to which the permittee is or may be subject to under Section 311 Oil and Hazardous <br />Substance Liability) of the Clean Water Act. <br />State Laws <br />Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the pennittee from any <br />responsibilities, habIlities or penalties established pursuant to any applicable State law or regulation under authonty granted by <br />Section 510 of the Clean Water Act, <br />8. Permit Violations <br />Faffvre to comply with any terms and/or conditions of this pemtit shall be a violation of this permit. The discharge of any pollutant <br />identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the perrmt. <br />9. Prooerty Riehts <br />The issuance of this permit does not convey any property or water rights in either real or personal property, or stream Flows, or any <br />exclusive privileges, nor does it authorize any mlury to pnvate property or any invasion of personal nghts, nor any infringement of <br />Federal, State or local laws or regulations. <br />10. Severability <br />The provisions of this permit aze severable. If any provisions of this permit, or the application of an provision of this permit to any <br />circumstance, is held mvalid, the application of such provision to other circumstances and the application of the remainder of thus <br />permit shall not be affected. <br />11. Renewal Annlication <br />If the petznittee desires to continue to dischazge, a permit renewal application shall be submitted at least one hundred eighty (180) <br />days before this permit expires. If the permittee anticipates there will be no dischazge after the expiration date of this permit, the <br />Division should be promp y nofified so that it can terminate the permit in accordance with Part II.B.S. <br />12. Cotifidenhality <br />Any information relating to any secret process, method of manufacture or production, or sales or mazketing data which has been <br />declazed confidential by the pernrittee, and which ma be acquired, ascertained, or discovered, whether in any sampling <br />investigation, emergency mveshgation, or otherwise, shall not be publicly disclosed by any member, officer, or employee of the <br />Comrmssion or the tvision, but shall be kept confidential. Any person seekmg to invoke the protection of this Subsection (12) shall <br />beaz the burden of proving its applicability. This section shall never be mterpreted as preventing full disclosure of effluent data. <br />13. Fees <br />The peimittee is re uired to submit payment of an annual fee as set forth in the 2002 amendments to the Water Quality Control Act. <br />Section 25-8-502 (I~ (b), and the Colorado Dischazge Pemvt System Regulations 5 CCR 1002-61, Section 61.15 as amended. Failure <br />to submit the requiredd flee when due and payable is a violation of the permit and will result in enforcement action pursuant to Section <br />25-8-601 et. seq., C.R.S. 1973 as amended. <br />Revised 4/i92004 <br />