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PART n <br />Page No. 23 <br />Permit No.: CO-0038776 <br />5. Modification. Suspension, Revocation, or Termination of Permits By the Division (continued) <br />e. Upon consent by the ermittee, the Division may make minor permit modifications without following the requirements of <br />Sections 61.5(2), 61.5(3), 61.7, and 61.15 of the Colorado Dischazge Permit System Regulations. Minor modifications to <br />permits aze limited to: <br />i) Correcting typographical errors; or <br />ii) Increasing the frequency of monitoring or reporting by the pennittee; 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 m 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 permt is necessary, provided that a wntten agreement containing a specific date for transfer of permit responsibility, <br />coverage and ][ability between the current and new pennittees has been submitted [o the Division; or <br />v) Changing the constmction schedule for a discharger which is a new source, but no such change shall affect a discharger's <br />obligation to have all pollution control equipment installed and in operation prior to discharge; or <br />vi) Deleting a point source outfall when the discharge from that outfall is [emanated and does not result in discharge of <br />pollutants from other outfalls except in accordance with permit limits. <br />£ When a permit is modified, only the conditions subject to modification aze reopened. If a permit is revoked and reissued, the <br />entire permit is reopened and subject to revision and the permit is reissued for a new term. <br />g. The filing of a request by the permittee for a permit modification, revocation and reissuance or temanation does not stay any <br />permit condition. <br />h. All pemat modifications and reissuances aze subject to [he antibacksliding provisions set forth in 61.10(e) through (g). <br />6. Oil and Hazazdous Substance Liability <br />Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the pennittee from any <br />responsibilities, habilihes, 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 />7. State Laws <br />Nothing in this pemtit shall be constmed to preclude the institution of any legal action or relieve the pennittee from any <br />responstbihhes, habdihes, 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. Pemat Violations <br />Failure to comply with any terms and/or conditions of this permit shall be a violation of this permit. The dischazgge of any pollutant <br />identified in this pemtit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. <br />9. Property 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 any provision of this pemat to any <br />circumstance, is held invalid, the application of such provision to other circumstances and the application of the remainder of this <br />pemtit shall not be affected. <br />11. Renewal Application <br />If the petmittee 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 pemit, the <br />Divrsron should be promptly notified so that it can terminate the pemtit in accordance with Part II.B.S. <br />12. Confidentiality <br />Any informafion relating to any secret process, method of manufacture or production, or sales or marketing data which has been <br />declazed confidential by.the perrtittee, and which ma be acquired, ascertained, or discovered, whether in any sampling <br />investigation, ewerggency investigation, or otherwise, shall not be publicly disclosed by any member, officer, or ertiployee of the <br />Comrmssion or the Urvision, but shall be kept confidential. Any person seeking to invoke the protection of this Subsection (12) shall <br />beaz the burden of proving rts applicability. This section shall never be interpreted as preventing full disclosure of effluent data. <br />13. Fees <br />The pennittee is re ed 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 (l~b), and the Colorado Discharge Perini[ System Regulations 5 CCR 1002-61, Section 61.15 as amended. Failure <br />to submit the requee fee when due and payable is a violation of the pemat and will result in enforcement action pursuant to Section <br />25-8-601 et. seq., C.R.S. 1973 as amended. <br />Revised 0/192004 <br />