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PART II <br />Page No. 14 <br />Peratit No.: CO-0D45161 <br />5. Modification Su~ension, Revocation, or Termination of Permits By the Division (continued) - - <br />The Division shall act on a permit modification request, other than minor modification requests, within 180 days of receipt <br />• thereof. Except for minor modifications, the terms of the existing permit govern and are enforceable until the newly issued <br />permit is formally modified or revoked and reissued following public notice. <br />e. Upon consent by the ernuttee, the Division may make minor pert modifications without followug the requirements of <br />Sections 61.5(2), 61.53), 61.7, and 61.15 of the Colorado Discharge Permit System Regulations. Minor modifications to <br />permits are limited to: <br />i) Correcting typographical errors; or <br />ii) Increasing the frequency of monitoring or reporting by the permittee; or <br />iii) Changing an interim date in a schedule of compliance, provided the new date of compliance is not more than 120 days after <br />the date specific in the existing pemrit and does not interfere with attainment of the final compliance date requirement; or <br />iv} Allowing for a transfer in ownership or operational control of a facility where the Division determines that no other change <br />in the permit rs necessary, provided that a written agreement containing a specific date for transfer of permit responsibility, <br />coverage and liability between the cunent and new permittees has been submitted to the Division; or <br />v) Changing the constmction schedule for a discharger which is a new source, but no such change shall affect a discharger's <br />obligation to have al] pollution control equipment installed and in operation prior to discharge; or <br />vi) Deleting a point source outfall when the discharge from that outfall is teriinated and does not result in discharge of <br />pollutants from other outfalls except in accordance with permit limits. <br />f. When a permit is modified, only the conditions subject to modification are reopened. If a permit is revoked and reissued, the <br />entire pemtit is reopened and subject to revision and the permit is reissued for a new term. <br />g. The filing of a request by the perrnittee for a pemrit modification, revocation and reissuance or termination does not stay any <br />permit condition. <br />h. All permit modifications and reisstrances are subject to fhe antibacksliding provisions set forth in 61.10(e) through (g}. <br />6. Oil and Hazardous Substance Liability <br />Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any <br />responsibilities, liabilities, or penalties to which the permittee is or may be subject to under Section 311 (Oil and Hazardous <br />Substance Liability) of the Clean Water Act. <br />7. State Laws <br />Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any <br />responsibilities, liabilities, or penalties established pursuant to any applicable State law or regulation under authority ganted by <br />Section 510 of the Clean Water Act. <br />8. Permit Violations <br />Failure to comply with any terms and/or conditions of this permit shall be a violation of this permit. The discharge of any pollutant <br />identified in this pemut more frequently than or a[ a level in excess of that authorized shall constitute a violation of the percent, <br />9. Property Rights <br />The issuance of this permit does not convey any property or water rights in either real or personal property, or stream flows, or any <br />exclusive privileges, nor does i[ authorize any mlury to private property or any invasion of personal rights, nor any infringement of <br />Federal, State or local laws or regulations. <br />10- Severability <br />The provisions of this permit are severable. If any provisions of this permit, or the application of any provision of this permit to any <br />circumstance, is held invalid, the application of such provision to other circumstances and the application of the remainder of this <br />permit shall not be affected. <br />] 1. Renewal Annlication <br />If the pertnittee desires to continue to discharge, a permit renewal application shall be submitted at least one hundred eighty (180) <br />days before this permit expires. If the permittee anncrpates there will be no discharge after the expiration date of this permit, the <br />Division should be promptly notified so [hat it can terminate the permit in accordance with Part ILB.S. <br />I2. Co~dentiality <br />. Any information relating to any secret process, method of manufacture or production, or sales or marketing data which has been <br />declared confidential by the perrruttee, and which ma be acquired, ascertatned, or discovered, whether in any sampling <br />investigafion, emergency investigation, or otherwise, shall not be publicly disclosed by any member, officer, or employee of the <br />Cormmssion or the Division, but shall be kept confidential. Any person seeking to invoke the protecnon of this Subsecnon (12) shall <br />bear the burden of proving its applicability. This section shall never be interpreted as preventing full disclosure of effluent data. <br />~r~:ee mrzaizoos <br />