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PART II Page 13 of 18 PERMIT N0: 5. Permit Modification After notice and opportunity fora hearing, the permit may be modified, suspended, or revoked in whole or in part during its term for cause including, but not limited to, the following: (A) 'liolation of any terms or conditions of this permit; (B) Obtaining this permit by misrepresentation or failure to disclose fully all relevant facts; (C) A change in any condition which results in a temporary or permanent reduction, elimination, addition or increase of the permitted discharge. (Changes in '.later duality Standards, control regulation or duly promulgated plans would quali~~ as "a change in any condition."); (D) This permit shall be modified, or alternatively, revoked and re ssued, to comply with any applicable effluent standard or limitation issued or approved under sections 301(b)(2)(C), and (D), 304(b)(2), and 307(a)(2) of the Clean 'Dater Act, if the effluent standard or limitation so issued or cpproved: (1) Contains different conditions or is otherwised more stringent than any effluent limitation in the permit; or (2) Controls any pollutant not limited in the permit. The permit as modified or reissued under this paragraph shall also contain any other requirements of the Act then applicable. -or- (E) Chanoes and additions in control regulations. (F) Data submitted persuant to Part I.A. 2 of this permit indicates a potential for violation of instream water quality standards and/or established classifications and numeric standards. (G) Chandes granted by the Commission to a temporary modification. 6. Toxic Pollutants Notwithstanding "Permit Modification", paragraph B-5 (above), if a toxic effluent standard or prohibition (including any schedule of compliance specified in such effluent standard or prohibition) is established under Section 307 (a) of the Act for a toxic pollutant which is present in the discharge and such standard or prohibition is more stringent than any limitation for such oollutan[ in this permit, Chis permit shall be revised or modified in accordance with [he toxic effluent standard or prohibition _ _ and the permittee so notified. i. Civil and Criminal Liability Except as provided in permit conditions on "Bypassing" (.4-2-(C)) and "Reduction, Loss, or Failure of Treatment Facility", (A-7), nothing in this permit shall be construed to relieve the pernittee from civil or criminal penalties for noncompliance. (See Fed. Reg. Vol. L5, No. °8, 122.60). 8. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties [o wnicn the permittee is or :nay be subject under Section 311 of the act. ,/81