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for American Soda's Class III area Permit. The performance Bond names <br />EPA as beneficiary in the event of permittee default on the plugging and <br />abandonment requirements and is hereby incorporated as part of this permit. <br />The Standby Trust Agreement established by the pemuttee shall remain in <br />effect for the duration of this permit, unless part (b), below, has been <br />executed. EPA may require a periodic update of the financial statement, but <br />at least every five yeazs. <br />(b) The permittee may, upon written request to EPA, change the type of <br />financial mechanism or instrument utilized. A change in demonstration of <br />financial responsibility must be approved by the Director. A minor permit <br />modification will be made to reflect any change in financial mechanisms, <br />without further opportunity for public comment. <br />Insolvency of Financial Institution. In the event that an alternate demonstration of <br />financial responsibility has been approved under (b) above, the pennittee must <br />submit an alternate demonstration of financial responsibility acceptable to the <br />Director within sixty (60) days after either of the following events occur: <br />(a) The institution issuing the trust or financial instrument files for bankruptcy; <br />or <br />(b) The authority of the trustee institution to act as trustee, or the authority of <br />the institution issuing the financial instrument, is suspended or revoked. <br />Cancellation of Demonstration bvFinancia] Institution. The pennittee must submit <br />an alternative demonstration of financial responsibility acceptable to the Director, <br />within sixty (60) days after the institution issuing the trust or financial instnunent <br />serves 120-day notice to the EPA of their intent to cancel the trust or financial <br />instrument. <br />PART III. GENERAL PERMIT CONDITIONS <br />A. EFFECT OF PERMIT <br />The permittee is allowed to engage in underground injection in accordance with the <br />conditions of this permit. The permittee, as authorized by this permit, shall not construct, <br />operate, maintain, convert, plug, abandon, or conduct any other injection activity in a <br />manner that allows the movement of fluid containing any contaminant into underground <br />sources of drinking water, if the presence of that contaminant may cause a violation of any <br />primary drinking water regulation under 40 CFR, Part 142 or otherwise adversely affect the <br />health of persons. Any underground injection activity not authorized in this permit of <br />otherwise authorized by permit or rule is prohibited. Issuance of this permit does not <br />convey property rights of any sort or any exclusive privilege; nor does it authorize any <br />EPA Draft Permit No. CO 10932-04664 Page 18 of 77 <br />