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.~,-,. -.-.r .~.. ... - YAKr II <br /> Page 22 <br /> Permit No. CO-0038024 <br /> " 7, Srare iawc <br /> Nothing in [his permit shall be conshued to preclude the institution of any legal action or relieve the pemuttee from any <br /> responsibilities, liabilities, or penalties established pursuant [o any applicable State law or regulation under authority granted by <br /> Section 510 of the Clean Water Act. <br /> $. Permit V'nlatinnc <br /> Failure to comply with any terms and/or conditions of this permit shall be a violation of this pem'tit. The discharge of any <br /> pollutant identified in this pemrit more frequently than or at a level in excess of that authorized shall constitute a violation of the <br /> permit. <br /> 9. Prnnr T_Rinhta <br /> The issuance of this permit does not convey any property or water rights in either real or persona] property, or stream flows, or <br /> any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any <br /> infringement of Federal, State or local laws or regulations. <br /> 10. SevemhiliN <br /> The provisions of this permit are severable. If any provisions of this pemilt, or the application of any provision of [his permit to <br /> any circumstance, aze held invalid, the appticaton of such provision to other circumstances and the application of the remainder <br /> of this permit shall not be affected. <br /> 11. Renewal A~ liratinn <br /> If the pertnitree desires ro continue to dischazge, a permit ronewal application shall be submitted at (east ane hundred eighty (1 SO) <br /> days before this pemtit expires. If the perminee anticipates there will be no dischazge after the expirntion date of this permit, the <br /> Division should be promptly notified so that it can temtinate the pemrit m accordance with Part ILB.S. <br />• 12- ('nnfidentiality <br /> Any information relating to any secret process, method of manufacture or production, or sales or marketing data which has been <br /> declared confidenfial by the pemittee, and which may be acquired, ascertained, or discovered, whether in any sampling <br /> investigation, emergency investigation, or otherwise, shall not be publicly disclosed by any member, officer, or employee of the <br /> Conmrission or the Division, but shall be kept confidenfial. Any person seeking to invoke the protection of this Subsection (12) <br /> shall beaz the burden of proving its applicability. This section shall never be interpreted as preventing full disclosure of effluent <br /> data. <br /> 13. FPPC <br /> The pemuttee is required to submit payment of an annual fee as set forth th the 1983 amendments to the Water Quality Conuol <br /> Act. Section 25-8-502 (1) (b), and the Colorado Discharge Permit System Regulations 5 CCR 1002-61, Section 61.15 as <br /> amended. Failure to submit the required fee when due and payable is a violation of the permit and will result in enforcement <br /> action pursuant to Section 25-8-601 et. seq., C.R.S. 1973 as amended. <br /> l4. Dnrafinn nfPermit - <br /> The duration of a permit shall be for a fixed term and shall no[ exceed five (5) years. Filing of a timely and complete application <br /> shall cause dte expired permit to continue in Force [o [he effective date of the new peanit. The permiPs duration may be extended <br /> only through administrative extensions and no[ through interim modifications. <br /> 1$, Certinn t07 Tnxicc <br /> If a toxic effluent standard or prohibition, including any applicable schedule of compliance specified, is established by regulation <br /> pursuant to Section 307 of the Federal Act for a toxic pollutant which is present in the permittee's discharge and such standard or <br /> prohibition is more stringent than any limitation upon such pollutant in the discharge pemut, the Division shall institute <br /> proceedings to modify or revoke and reissue the pemut [o conform to the toxic effluent standard or prohibition. <br /> 16. Anfiharkdidinv <br /> a. A pemut may not be renewed, reissued, or modified [o contain effluent limitations adopted pursuant to Section 25-8- <br /> 503(()(6) (BPJ} of the Water Quality Conhol Act, which aze less stringent than the comparable effluent (imitations or <br /> standazds in the previous permit, unless any one of the following exceptions is met and [he conditions of pazagraph (c) of this <br /> section are met: <br />• i Material and substantial alterations oc additions ro the permitted facility occurred after perrru[ issuance which justify the <br /> application of less stringent effluent limitations; or <br />