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PART II Page No. 27 Permit No.: CO-0029599 • B. RESPONSIBII.ITIES 2. Duty to Provide Information The permittee shall famish to the Division, within a reasonable time, any information which the Division may request [o determine whether cause exists for modifying, revoking and reissuing, or tetminatiog this pemtit, or to detetmine compliance with this pem»[. The pemtittee shall also famish to the Division, upon request, copies of records required to be kept by this permit. 3. Transfer of Ownership or Control a. Except as provided in pazagraph b. of this section, a pemilt may be transferred by a permittee only if the permit has been modified or revoked and reissued as provided in Section 61.8(8) of the Colorado Discharge Pemilt System Regulations, to identify the new pemilttee and to incorporate such other requirements as may be necessary under the Federal Act. b. A pemtit may be automatically transferred to a new permittee if: i~ The current permittee notifies the Division in writing 30 days in advance of the proposed transfer date; and it) The notice includes a written agreement between the existing and new petmittee(s) containing a specific date for transfer of permit responsibility, coverage and liability between them; and iii) The Division does not notify the existing pemtittee and the proposed new petmittee of its intent to modify, or revoke and reissue the pemtit. iv) Fee requirements of the Colorado Dischazge Petmit System Regulations, Secflon 61.15, have been met. 4. Availability of Retwrts Except for data determined to be confidential under Section 308 of the Federal Clean Water Act and the Colorado Dischazge Pemtit System Regulations 5 CCR 1002-61, Section 61.5(4), all reports prepazed in at:cordance with the terms of this permit shall be available for public inspection at the offices of the Division and the Envirotunental Protection Agency. • The name and address of the permit applicant(s) and pemtittee(s), pemtit applications, permits and effluent data shall not be considered confidential. Knowingly making false statement on any such report may result in the imposition of criminal penalties as provided for in Section 309 of the Federal Clean Water Act, and Section 25-8-610 C.R.S. 5. Modification. Suspension, Revocation, or Termination of Permits By the Division The filing of a request by the permittee for a permit modification, revocation and reissuance, temtination or a notification of planned changes or anticipated noncompliance, does not stay any pemtit condition. a. A pemtit may be modified, suspended, or terminated in whole or in part during its term for reasons determined by the Division including, but not limited to, the following: i~ Violation of any tetras or conditions of the permit it) Obtaining a petmtt by misrepresentation or failing to disclose any fact which is material to the granting or denial of a permit or to the establishment of terms or conditions of the pemut; or iii Materially false or inaccurate statements or information in dte permit application or the pemut. iv A determination that the permitted activity endangers human health or the classified or existing uses of state waters and can only be regulated to acceptable levels by permit modifications or termination. b. A permit may be modified in whole or in part for the following causes, provided that such modification complies with the provisions of Section 61.10 of the Colorado Dischazge Pemilt System Regulations: i) There aze material and substantial alterations or additions to the pemtitted facility or activity which occurred after pemut issuance which justify the application of permit conditions that aze different or absent in the existing permit. ii) The Division has received new infomtation which was not available at the time of pemilt issuance (other than revised regulations, guidance, or test methods) and which would have justified the application of different permit conditions at the time of issuance. For pemtits issued to new sources or new dischargers, this cause includes information derived from effluent testing required under Section 61.4(7)(e) of [he Colorado Dischazge Pemtit System Regulations. This provision allows a modification of the pemtit to include conditions that aze less . stringent than the existing permit only to the extent allowed under Section 61.10 of the Colorado Discharge Perini[ System Regulations. iii) The standards or regulations on which the permit was based have been changed by promulgation of amended standazds or regulations or by judicial decision afer the pemtit was issued. Pemtits may be modified during their terms for this cause only as follows: ' (A) The pemti[ condition requested to be modified was based on a promulgated effluent limitation guideline, EPA approved water quality standard, or an effluent limitation set forth in 5 CCR 1002-62, § 62 et seq.: and