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PART II <br />Page No. 28 <br />Permit No.: CO-0000132 <br />d. The permittee shall provide access to the Division to sample the discharge at a point after the final treatment process but <br />prior to the discharge mixing with state waters upon presentation of proper credentials. <br />In the making of such inspections, investigations, and determinations, the Division, insofar as practicable, may designate as its <br />authorized representafives any qualified personnel of the Department of Agriculture. The Division may also request <br />assistance from any other state or local agency or institution. <br />2. Duty to Provide Information <br />The pennittee shall famish to the Division, within a reasonable time, any information which the Division may request to <br />determine whether cause exists for modifying, revoking and reissuing, or terminating this pemrit, or to determine compliance <br />with this permit. The permittee shall also furnish to the Division, upon request, copies of records required to be kept by this <br />permit. <br />3. Transfer of Ownership or Control <br />a. Except as provided in paragraph b. of this section, a pemrit may be transferred by a pemrittee only if the permit has been <br />modified or revoked and reissued as provided in Section 61.8(8) of the Colorado Discharge Permit System Regulations, <br />to identify the new permittee and to incorporate such other requirements as maybe necessary under the Federal Act. <br />b. A permit maybe automatically transferred to a new permittee if: <br />i) The current pemtittee 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 pemrittee(s) containing a specific date for <br />transfer of permit responsibility, coverage and liability between them; and <br />iii) The Division does not notify the existing pemrittee and the proposed new permittee of its intent to modify, or revoke <br />and reissue the permit. <br />iv) Fee requirements of the Colorado Dischazge Pemrit System Regulations, Section 61.15, have been met. <br />4. Availability of Reuorts <br />Except for data determined to be confidential under Section 308 of the Federal Clean Water Act and the Colorado Dischazge <br />Pemrit System Regulations 5 CCR 1002-61, Section 61.5(4), all reports prepazed in accordance with the terms of this perarit <br />shall be available for public inspection at the offices of the Division and the Environmental Protection Agency. <br />The name and address of the pemrit applicant(s) and permittee(s), permit applications, pemtits and effluent data shall not be <br />considered confidential. Knowingly making false statement on any such report may result in the imposition of criminal <br />penalties as provided for in Section 309 of the Federal Clean Water Act, and Section 25-8-610 C.RS. <br />5. Modification, Suspension. Revocation, or Termination oCPermits By the Division <br />The filing of a request by the permittee for a permit modification, revocation and reissuance, temrinafion or a notification of <br />planned char~ves or anticipated noncompliance, does not stay any permit condition. <br />a. A permit maybe modified, suspended, or terminated in whole or in part during its term for reasons determined by, the <br />Division including, but not limited to, the following: <br />i) Violation of any terms or conditicns of the permit; <br />ii) Obtaining a permit by misrepresentation or failing to disclose any fact which is material to the granting or denial of a <br />permit or to the establishment of terms or conditions of the permit; or <br />iii) Materially false or inaccurate statements or information in the permit application or the permit. <br />iv) A determination that the permitted actvity endangers human health or the classified or existing uses of state waters <br />and can only be regulated to acceptable levels by pemrit modifications or temrination. <br />b. A pemtit may be modified in whole or in part for the following causes, provided that such modification complies with the <br />provisions of Section 61.10 of the Colorado Discharge Pemrit System Regulations: <br />i) There aze material and substantial alterations or additions to the pemiltted facility or activity which occurred after <br />pemrit issuance which justify the application of permit conditions that are different or absent in the existing permit. <br />Revised 03/22/04 <br />