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PART II <br />Page No. 20 - <br />Peimit No.: CO-0038342 <br />d. The permittee shall provide access to the Division to sample the dschazge at a point after the final treatment process b:>~, <br />prior to the dschage mixing with state waters upon presentafion of proper credentials. <br />In the making of such inspections, investigations, and detemtinations, the Division, insofaz as practicable, may designate as its <br />authorized representatives any qualified personnel of the DepartQtent of Agriculture. The Division may also request <br />assistance from any other state or local agency or institution. <br />2. Dutv to Provide Information <br />The permittee shall furnish 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 temtinating this permit, or fo determine compliance <br />with this permit The petmittee shall also famish to the Division, upon request, copies of records required to be kept by this <br />pemut. <br />3. Transfer of Ownershia or Control <br />a. Except as provided in pazagraph b. of this section, a permit maybe transferred by a permittee only if the permit has been <br />modified or revoked and reissued as provided in Section 61.8(8) of the Colorado Drscharge Permit System Regulations, <br />to identify the new permittee and to incorporate such other requirements as may be necessary under the Federal Act <br />b. A permit maybe automatically transferred to a new pemrittee if: <br />i) The current peanittee 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 permittee(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 permittee and the proposed new permittee of its intent to modify, or revoke <br />and reissue the pemtit. <br />iv) Fee requirements of the Colorado Discharge Permit System Regulations, Section 61.15, have been met • <br />4. Availability of RepoMS - <br />Except for data determined to be confidential under Section 308 of the Federal Clean Water Act and the Colorado Discharge <br />Permit System Regulations 5 CCR 1002-61, Section 61.5(4), all reports prepazed in accordance with the tea*~s of this permit <br />shall be available for public inspection at the offices of the Dtvtston and the Environmental Protection Agency. <br />The name and address of the permit applicant(s) and permittee(s), permit applications, permits and effluent data shall not be <br />considered confidential. Knowingly malting 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.R.S. <br />~. 14odification, Suspension, Revocation, or Termination of Permits By the Division <br />The filing of a request by the perrnittee for a pemrit modification, revocation and reissuance, termination or a notification of <br />planned changes 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 conditions 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 detemdnafion that the permitted activity endangers human health or the classified or existing uses of state waters <br />and can only be regulated to acceptable levels by permit modifications or termination. <br />b. A permit maybe modified in whole or in part for the following causes, provided that such modification complies with th~ <br />provisions of Section 61.10 of the Colorado Discharge Permit System Regulations: <br />i) There aze material and substantial alterations or additions to the permitted facility or activity which occurred after <br />permit issuance which justify the application of pemrit conditions that aze different or absent in the existing pemmit. <br />IVL~erBP.doc <br />Revised 06/09/04 <br />