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r <br />- Information which deals with the existence, <br />absence or level of contaminants in drinking <br />water. <br />E <br />GENERAL DUTIES AND REQUIREMENTS <br />1. Duty to Comply. The Permittee shall comply with all <br />conditions of this Permit, except to the extent and for <br />the duration that such noncompliance is authorized by <br />an emergency Permit. Any Permit noncompliance <br />constitutes a violation of the SDWA and is grounds for <br />enforcement action, Permit termination, revocation and <br />reissuance, or modification. Such noncompliance may <br />also be grounds for enforcement action under the <br />Resource Conservation and Recovery Act (RCRA). <br />2. Penalties for Violations of Permit Conditions. Any <br />person who violates a Permit requirement is subject to <br />civil penalties, fines, and other enforcement action <br />under the SDWA and may be subject to such actions <br />pursuant to the RCRA. Any person who willfully <br />violates Permit conditions may be subject to criminal <br />prosecution. <br />3. Need to Halt or Reduce Activity not a Defense. It <br />shall not be a defense for a Permittee in an <br />enforcement action that it would have been necessary to <br />halt or reduce the permitted activity in order to <br />maintain compliance with the conditions of this Permit. <br />4. Duty to Mitigate. The Permittee shall take all <br />reasonable steps to minimize or correct any adverse <br />impact on the environment resulting from noncompliance <br />with this Permit. <br />5. Proper Operation and Maintenance. The Permittee shall <br />at all times properly operate and maintain all <br />facilities and systems of treatment and control (and <br />related appurtenances) that are installed or used by <br />the Permittee to achieve compliance with the conditions <br />of this Permit. Proper operation and maintenance <br />include effective performance, adequate funding, <br />adequate operator staffing and training, and adequate <br />laboratory and process controls, including appropriate <br />quality assurance procedures. This provision requires <br />the operation of back-up or auxiliary facilities or <br />similar systems only when necessary to achieve <br />EPA FINAL Area Permit No. CO3858-00000 <br />Page 33 of 164 <br />