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Page No..I6 <br />Perini[ No. COG-850000 <br />^.. NOTIFICATION REQUIREMENTS (continued) <br />• d. The Division may approve an anticipated bypass, afer considering adverse effects, if the Division determines that the bypass w <br />meet the conditions specified in paragraph a. above. <br />14. Reduction, Loss, or Failure of Treatment Facility <br />The pemrittee has the duty to halt or reduce any activity if necessary to maintain compliance with the effluent limitations of the permit. <br />Upon reduction, loss, or failure of the treatment facility, the pemtittee shall, to the extent necessary to maintain compliance with its <br />permit, control production, control sources of wastewater, or all discharges, until the facility is restored or an altemative method of <br />treatment is provided. This provision also applies to power failures, unless an altemative power source sufficient to operate the <br />wastewater 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 permitted activity in <br />order to maintain compliance with the conditions of this permit. <br />B. RESPONSIBILITIES <br />1. Insnections and Rikht to Entry <br />The pennittee shall allow the Division and/or the authorized representative, upon the presentation of credentials: <br />a. To enter upon the pennittee's premises where a regulated facility or activity is located or in which any records aze required to be kept <br />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 terms and conditions of this permit and to <br />inspect any monitoring equipment or monitoring method required in the permit; and <br />c. To enter upon the pennittee's pretises in a reasonable manner and at a reasonable time [o inspect and/or investigate, any actw' <br />• suspected, or potential source of water pollution, or to ascertain compliance or non compliance with the Colorado Water Quali._ <br />Control Act or any other applicable state or federal statute orregulation or any order promulgated bythe Division. The investigation <br />may include, but is no[ limited to, the following: sampling of any dischazge and/or process waters, the taking of photographs, <br />interviewing of any person having knowledge related to the discharge permit or alleged violation, access to any and all facilities or <br />areas within the permittee's premises that may have any affect on the discharge, permit or alleged violation Such entry is also <br />authoaized for inspecting and copying records required to be kept concerning any effluent source. <br />d. The perntittee shall provide access to the Division to sample the discharge at a point after the final treatment process but before the <br />dischuge mixing with state waters upon presentation of proper credentials. <br />In the making of such inspections, investigations, and determinations, UreDivision, insofaz as practicable, may designate as its authorized <br />representatives any yualifiedpersonnel of the Department ofAgriculture. The Division may also request assistance from any other state <br />or local. agency or institution. <br />2. Duri to Provide Information <br />The permittee shall furnish to the Division, within a reasonable time, any information which the Division may request to determine <br />whether cause exists for modifying, revoking and reissuing or [emiirtating this permit, or to determine compliance with this permit. The <br />petmittee shall also furnish to the Division, upon request, copies of records required to be kept by this permit. <br />3. Transfer of Ownershin or Control <br />a. Except as provided in paragraph b. of this section, a permit may be transferred by a permittee only if the permit has been modified or <br />revoked and reissued as provided in Section 61.8(8) of the Colorado Dischazge Permit System Regulations, to identify the new <br />pemuttee and to incorporate such other requirements as may be necessary under the Federal Act . <br />b. A permit maybe automatically transferred to a new permittee if: <br />• i. The current permittee notifies the Division in writing 30 days in advance of the proposed transfer date; and <br />ii. The notice includes a written agreement between the existing and new permittee(s) containing a specific date for transfer of <br />permit responsibility, coverage and liability between them; and <br />