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PART II <br />Pagc No. 30 <br />Permit No.: CO-0032638 <br />A. NOTIFICATION REQUIREMENTS <br />13. Bvpass <br />a. Bypasses are prohibited and the Division may take enforcement action against the permittee for bypass, unless: <br />i) The bypass is unavoidable to prevent loss of life, personal injury, or severe property damage; <br />ii) There were no feasible alternatives to bypass such as the use of auxiliary [reatment facilities, re[ention of untreated <br />wastes, or maintenance during normal periods of equipment downtime. This condi[ion is not satisfied if adequate <br />back-up equipment should have been installed in the exercise of reasonable engineering judgment to prevent a <br />bypass which occurred during normal periods of equipment downtime or preventive maintenance; and <br />iii) Proper notices were submitted in compliance with Part 11.A.4. <br />b. "Severe property damage" as used in this Subsection means substantial physical damage to the treatment facilities <br />which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably <br />be expected to occur in the absence of a bypass. Severe propery damage does not mean economic loss caused by <br />delays in production. <br />c. The permittee may allow a bypass to occur which does not cause effluent limitations to be exceeded, but only if it also <br />is for essential maintenance or to assure optimal operation. These bypasses are not subject to the provisions of <br />paragraph (a) above. <br />d. The Division may approve an anticipated bypass, after considering adverse effects, if the Division determines that the <br />bypass will meet the conditions specified in paragraph (a) above. <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 ex[ent necessary to maintain <br />compliance with i[s permit, control production, control sources of wastewater, or all discharges, until the facility is restored <br />or 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 of this permit. <br />B. RESPONSIBILITIES <br />1. Inspections and Ri¢ht to Enlrv <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 loca[ed or in which any records are <br />required to be kept under the [erms and conditions of this permit; <br />b. A[ reasonable times to have access to and copy any records required to be kep[ under the terms and conditions of this <br />permit and [o 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 inspec[ and/or investigate, <br />any actual, suspected, or potential source of water pollution, or to ascettain compliance or non compliance with the <br />Colorado Water Quality Control Act or any other applicable state or federal statute or regulation or any order <br />promulgated by the Division. The investigation may include, but is not limited to, the following: sampling of any <br />discharge and/or process waters, the taking of photographs, interviewing of any person having knowledge related to the <br />discharge permit or alleged violation, access to any and all facilities or areas within the permittee's premises that may <br />have any affect on the discharge, permit, or alleged violation. Such entry is also authorized for the purpose of <br />inspecting and copying records 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 fmal treatment process <br />but 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 <br />its 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 ins[itution. <br />