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PART II <br />Page No. 40 <br />~ ' Permit No.: CO-0002 <br />~' <br />12. Submission of Incm~rect or Incomplete Information <br />Where the permittee failed to submit any relevant facts in a permit application, or~submitted incorrect information in a permit <br />application or report to the Division, the petmittee shall promptly submit the relevant information which was not submrited or <br />any additional information needed to correct any erroneous information previously'submitted. _ <br />13. Bvaass ~' <br />a. Bypasses are prohibited and the Division may take enforcement action again~~Lthe permittee for bypass, unless: <br />i) The bypass is unavoidable [o prevent loss of life, personal injury, or severe property damage; <br />ii) There were no feasible alternatives to bypass such as the use of auxiliaryjtreatment facilities, retention of untreated <br />wastes, or maintenance during normal periods of equipment downtime. "f his condition is not satisfied if adequate <br />back-up equipment should have been installed in the exercise of reasonafile engineering judgment to prevent a <br />bypass which occurred during normal periods of equipment downtime or;preventive maintenance; and <br />iii) Proper notices were submitted in compliance with Part ILA.4. <br />b. "Severe property damage" as used in this Subsection means substantial physical damage to the treatment facilities which <br />causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be <br />expected to occur in the absence of a bypass. Severe property damage does no[ mean economic loss caused by delays in <br />production. <br />c. "fhe permittee may allow a bypass to occur which does not cause effluent ]imitations to be excec;ded, but only if it also is <br />for essential maintenance or to assure optimal operation. These bypasses are not subject to the provisions of paragraph <br />(a) above. <br />d. The Division may approve an anticipated bypass, after considering adverse effects, if the Division detern»nes [ha[ the • <br />bypass will meet the conditions specified in paragraph (a) above. <br />14. Reduction, Loss, or Failure of Treatment Facility <br />The permittee has the e3aty [o halt or reduce any activity if necessary to maintain compliance with dre effluent limitations of <br />the pemrit. Upon reduction, loss, or failure of tha treatment facility, [he perntittee shall, to [he extent necessary [o maintain <br />compliance with its pemtit, control production, control sources of wastewater, or all'~ilischarges, until the facility is restored or <br />an alternative method of treatment is provided. This provision also applies to power failures, unless an alternative power <br />source sufficient to operate the wastewater control facilities is provided. <br />It shall not be a defense for a pern»ttee in an enforcement action that it would be necessary to halt or reduce the permitted <br />activity in order to maintain compliance with the conditions of this permit. <br />B. RESPONSIBIL1TiES <br />1. Inspections and Ri~ht[o Entrv <br />The permittee shall allow the Division and/or the authorized representative, upon the presentatiam of credentials: <br />a. "1'o enter upon the pemtittee's premises where a regulated facility or activity is located or in which any records are <br />required to be kept under the temrs and conditions of this perznit; <br />b. At reasonable times to have access to and copy any records required [o be kept: under the terms and conditions of this <br />permit and to inspect any monitoring equipment or monitoring method required in the permit; and <br />To enter upon [he perntittee's premises in a reasonable manner and at a reasonable time to inspect and/or investigate, any <br />actual, suspected, or potential source of water pollution, or to ascertain compli~nee or non compliance with the Colorado <br />Water Qualiq-Control Act or any other applicable state or federal statute or re;;ulation or any order promulgated by the <br />Division. The investigation may include, but is not limited [o, the following: sampling of any discharge and/or process <br />waters, the taking of photographs, inten~iewing of any person having knowledge related to the discharge permit or alleg~ <br />violation, access to any and a!I facilities or areas within [he permittee's premises[hat may have any at2ec[ on the <br />discharge; petmit, or alleged violation. Such entry is also authorized for the purpose of inspecting and copying records <br />required to be kept concerning any ettluent source. <br />r]. The pemrittee 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 lvnlers upon presentation of proper credentials. <br />