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Part II <br />Page No. 2l <br />Permit No.: CO-0045225 <br />(2) There were no feasible alternatives to bypass such as the use of auxiliary treatment facilities, retention <br />of untreated wastes, or ma'mtenance during normal periods of equipment downtime. This condition is <br />not satisfied if adequate back-up equipment should have been ittstalled in the exercise of reasonable <br />engineering judgment to prevent a bypass which occurred during normal periods of equipment <br />downtime or preventive maintenance; and <br />(3) Proper notices were submitted N compliance with Part II.A.4. <br />b. "Severe properly damage' az used in this Subsection means substantial physical damage to the treatment facilities <br />which cause them to become inoperable, or substantial and permanent loss of natural resources which can <br />reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic <br />loss caused by delays in production. <br />c. The pern~ittce may allow a bypass to occur which does nol cause effluent limitations to be exceeded, but only if it <br />also is for essemiai t:taintenance or to assure optimal operation. These-oypazses are not subject to the provisions <br />of paragraph (a) above. <br />The Division tray approve an anticipated bypass, after considering adverse effects, if the Division determines that <br />the bypass will meet the conditions specified in paragraph a. above. <br />14. ReduMion. Loss. or Failure of Treatment Facility <br />The petmittee has the duty to halt or reduce any activity if necessary to maintain compliance with the effluent <br />limitations of the permit. Upon reduction, loss, or failure of the treatment facility, the permittee shall, to the extent <br />necessary to maintain compliance with its permit, control production, control sources of wastewater, or all discharges, <br />until the facility is restored or an alternative method of treatment is provided. This provision also applies to power <br />failures, unless an alternative power source sufficient to operate the waztewater 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 <br />permitted activity in order to maintain compliance with the conditions of this permit. <br />B. RESPONS~ILITIE.S <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 permit[ce's premises where a regulated facility or activity is located or in which any records are <br />required to be kept under the terms and conditions of this permit; <br />b. At reasonable times to have access to and copy any records required [o be kept under the terror and conditions of <br />this permit and to inspect any monitoring equipment or monitoring method required in the permit; and <br />c. To enter upon the permittee's premises in a reasonable tttamer and at a reasonable time to inspect and/or <br />investigate, any actual, suspected, or potential source of water pollution, or to ascertain compliance or non <br />compliance with the Colorado Water Quality Control Act or any other applicable state or federal statute or <br />regulation or any order promulgated by the Division. The investigation may include, but is trot limited to, the <br />followirtg: sampling of any discharge and/or process waters, the taking of photographs, interviewing of any <br />person having knowledge related to the discharge permit or alleged violation, access to any and all facilities or <br />azeas within [he permittee's premises that tnay have any affect on the discharge, permit, or alleged violation. <br />Such entry is also authorized for the purpose of inspecting and copying records required to be kept concerning any <br />effluent source. <br />