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y B. RESPONSffiILITIES PART II Page No. 28 Pertmt No.: CO-0032638 h, All permit modifications and reissuances are subject to the antibacksliding provisions set forth in 61.10(e) through (g). 6. Oil and Hazazdous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the etmittee from any res onstbdttles, liabilities, or penalties to which the pemtittee is or may be subject to under Section 311 (pOil and Hazardous Substance Liability) of the Clean Water Act. 7. State Laws Nothing in_this permit shall be constued to preclude the institution of an legal action or relieve the perrnittee from any responstbthhes, liabilities, or penalties established pursuant to any applicable State law or regulation under authority granted by Section 510 of the Clean Water Act. 8. Pemtit Violations Failure to comply with any terms and/or conditions of this permit shall be a violation of this pemrit. The dischazge 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 petmtt. 9. Property Ri¢hts The issuance of this permit does not convey any property or water rights in either real or personal property, or stream flows, or any exclusive privileges, nor does it authon2e any tn~ury to private property or any invasion of personal nghts, nor any infringement of Federal, State or local laws or regulations. 10. Severability The provisions of this permit are severable. If any provisions of this permit, or the application of any rovision of this permit to any circumstance, is held invalid, the aPplicanon of such provision to other ctrcumstances andpthe application of the remautder of this permit shall not be affected. 11. Renewal Application If the pemtittee desires to continue to dischazge, a permit renewal application shall be submitted at least one hundred eighty (I80) days before this permit expires. If the pennittee anticipates there will be no discharge after the expiration date of flits pemut, the Division should be promptly notified so that it can terminate the permit in accordance with Part ILB.S. 12. Confidentiality Any information relating to an secret process, method of manufacture or production, or sales or marketing data which has been declared confidentta] by the peranttee, and which maybe 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 beaz the burden of proving its applicability. This section shall never be interpreted as preventing full disclosure oi' efffluent data. 13. Fees The permittee is required to submit payment of an annual fee as sei forth in the 1983 amendments to the Water Quality Control Act. Section 25-8-502 (1) (b), and the Colorado Discharge Penttit System Regulations 5 CCR 1002-61, Section 61.13 as amended. Failure to subtmt the reqaired 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. 14. Duration of Permit The duration of a permit shall be for a fixed term and shall not exceed five (5) years. Filing of a timely and complete application shall cause the expired pemtit 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. 15. Section 307 Toxics If a toxic effluent standazd 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, dischazge. and such standazd or prohibition is more stringent than any limitation upon such pollutant in the dischazge pertntt, the Division shall institute proceedings to modify or revoke and reissue the permit to conform to the toxic effluent standard or prohibition.