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ac ~;~ B. RESPONSIBILITIES 2. Duty to Provide Information PART II Page No. 26 Permit No.: CO-0032638 The permittee shall famish to the Division, within a reasonable time, any informafion which the Division may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit, or to detemrine compliance with this permit. The pemrittee shall also furnish to the Division, upon request, copies of records required to be kept by this permit. 3. Transfer of Ownership or Control a. Except as provided in pazagraph b. of this section, a permit may be transferred by a permittee only if the permit has been modified or revoked and reissued as provided in Section 61.8(8) of the Colorado Dischazge Pemtit System Regulations, to identify the new permittee and to incorporate such other requirements as maybe necessary under the Federal Act. b. A permit maybe automatically transferred to a. new pemtittee if: i) The current pemrittee notifies the Division in writing 30 days in advance of the proposed transfer date; and it) The notice includes a written agreement between the existing and new permittee(s) containinev a specific date for transfer of pemut responsibility, coverage and liability between them; and iii) The Division does not notify the existing permittee and the proposed new permittee of its intent to modify, or revoke and reissue the pemtit. iv) Fee requirements of the Colorado Discharge Permit System Regulations, Section 61.15, have been met. 4. Availability of Reports Except for data determined [o be confidential under Section 308 of the Federal Clean Water Act and the Colorado Dischazge Permit System Regulations 5 CCR 1002-61, Section 61.5(4), all reports prepared in accordance with the terms of this pemtit shall be available for public inspection a[ the offices of the Division and the Environmental Protection Agency. The name and address of the pemdt applicant(s) and permittee(s), pemrit applications, permits and effluent data shall not be considered cp~dential. Knowingly making false statement on any such report may result in the imposition of criminal penalties as provided for in Section 309 of the Federal Clean Water Act, and Section 25-8-610 C.R.S. 5. Modification. Suspension, Revocation, or Termination of Permits By the Division The filing of a request by the permittee for a permit modification, revocation and reissuance, temrination or a notification of planned changes or anticipated noncompliance, does not stay any permit condition. a. A permit may be modified, suspended, or terminated in whole or in part during its term for reasons determined by the Division including, but not limited to, the following: i) Violation of any terms or conditions of the permit; ii) Obtaining a permit by misrepresentation or failing to disclose any fact which is material to the granting or denial of a permit or to the establishment of terms or conditions of the permit; or iii) Materially false or inaccurate statements or information in the permit application or the permit. iv) A determination that the permitted acfivity endangers human health or the classified or existing uses of state waters and can only be regulated [o acceptable levels by permit modifications or termination. b. A permit may be modified in whole or in part for the following causes, provided that such modification complies with the provisions of Section 61.10 of the Colorado Dischazge Permit System Regulations: i) There are material and substantial alterations or additions to the permitted facility or activity which occurred after permit issuance which justify the application of permit conditions that aze different or absent in the existing permit. ii) The Division has received new information which was not available at the time of peraut issuance (other than revised regulations, guidance, or test methods) and which would have justified the application of different pemtit conditions at the time of issuance. For permits issued to new sources or new dischargers, this cause includes informatiop derived from effluent testing required under Section 61.4(7)(e) of the Colorado Discharge Permit System Regulations. This provision allows a modification of the permit to include conditions that aze less stringent than the existing permit only to the extent allowed undez Section 61.10 of the Colorado Discharge Permit System Regulations. iii) The standards or regulations on which the pemut was based have been changed by promulgation of amended standazds or regulations or by judicial decision after the permit was issued. Pemtits may be modified during their terms for this cause only as follows: (A) The permit condition requested to be modified was based on a promulgated effluent limitation guideline, EPA approved water quality standard, or an effluent limitation set forth in 5 CCR 1002-62, § 62 et seq.; and