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PART ^ <br />Page No. 2I <br />Permit No.: CO-0038776 <br />B. RESPONSIBILITIES <br />1. Inspections and Right to Entry <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 located or in which any records aze required to be <br />kept under the terms and conditions of this permit; <br />b. At reasonable times to have access to and copy any records required to be kept under the terms and conditions of this permit and <br />to inspect any monitoring equipment or momtoring method required m the permit; and <br />a To enter upon the pemrittee's premises in a reasonable manner and at a reasonable time to inspect and/or investigate, any actual, <br />suspected, or potential source of water pollution, or to ascertain compliance or non compliance with the Colorado Water Quality <br />Control Act or any other applicable state or federal statute or regulation or any order promulgated by the Division. The <br />investigation may include, but is not limited to, the following: sampling of any discharge and/or process waters, the taking of <br />photographs, interviewing of any person having knowledge related to the discharge permit or alleged violation, access to any and <br />all facilities or areas within the permittee'sprermses that may have any affect on the dschazge, permt, or alleged violation. Such <br />entry is also authorized for the purpose of inspecting and copying records required to be kept concerning any effluent source. <br />d. The emrittee shall provide access tq the Division to sample the dischazge at a point after the final treatment process but prior to <br />the dscharge mixing with state waters upon presentation of proper credentials. <br />In the making of such inspections, investigations, and deterrninafions,~ the Division, insofaz as practicable, may designate as its <br />authorized representatives any qualified personnel of the Department of Agriculture. The Division may also request assistance from <br />any other state or local agency or institution. <br />2. Duty to Provide Information <br />The pemiittee shall furnish to the Division, within a reasonable time, any information which the Division may request to determine <br />whether cause exists for modifying, revoking and reissuing, or terminating this pemrit, or to determine compliance with this permit. <br />The permittee shall also furnish to the Division, upon iequest, copies of records required to be kept by this permit. <br />3. Transfer of OwnersMn or Control <br />a. Exc t as provided in pazagraph b. of this section a permit ma be transferred by a permittee only if the pemtit has been <br />mod~ed or revoked and revssued as provided in Section 61.8c8 of the Colorado Discharge Peimit System Regulations, to <br />idenfify the new pemrittee and to incorporate such other requirements as maybe necessary under the Federal Act. <br />b. A permit maybe automatically transferred to a new permittee if: <br />i) The curent permittee notifies the Division in writing 30 days in advance of the proposed transfer date; and <br />ii) The notice includes a written agreement between the existing and new perxnittee(s) containing a specific date for transfer of <br />permit responsibility, coverage and liability between them; and <br />iii) The Division does not notify the existing pemrittee and the proposed new permittee of its intent to modify, or revoke and <br />reissue the gezmit. <br />iv) Fee requirements of the Colorado Dischazge Permit System Regulations, Section 61.15, have been met. <br />4. Availability of Reports <br />Except for data determined to be confidential under Section 308 of the Federal Clean Water Act and the Colorado Discharge Pertnit <br />System Regulations 5 CCR 1002-61, Section 61.5(4), all reports pprepazed in accordance with the terms of this pemiit shall be <br />available for public inspection at the offices of the Division and the Environmental Protection Agency. <br />The name and address of the pemut applicant(s) and permittee(s), permit applications, permits and effluent data shall not be <br />considered confidential. Knowingly making false statement on any such report may result in the imposition of criminal penalties as <br />provided for in Section 309 of the Federal Clean Water Ac[, and Section 25- -610 C R.S. <br />5. Modification. Susoension, Revocation, or Termination of Permits By the Division <br />The filing of a request by the pemiittee for a pemut modification, revocation and reissuance, termination or a notification of planned <br />changes or anticipated noncompliance, does not stay any pemrit condition. <br />a. A permit may be modified, suspended, or terriiinated in whole or in part during its term for reasons determined by the Division <br />including, but not limited to, the following: <br />i) Violation of any terms or conditions of the permit; <br />ii) Obtaining a pemiit by misrepresentation or failing to disclose any fact which is material to the granting or denial of a permit <br />or to the establishment of terms or conditions of the permit; or <br />iii) Materially false or inaccurate statements or information in the permit application or the pemiit. <br />iv) A determination that the pemvtted activity endangers human health or the classified or existing uses of state waters and can <br />only be regulated to acceptable levels by permit modifications or teimination. <br />Revised 4/192004 <br />