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PART I <br />Page No. 36 <br />Permit No.: CO-0000213 <br />if adequate back-up equipment should have been installed in the exercise of reasonable engineering judgment to <br />prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and <br />iii) Proper notices were submitted in compliance with Part II.A.4. <br />b. "Severe property damage" as used in this Subsection means substantial physical damage to the treatment facilities <br />which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably <br />be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by <br />delays in production. <br />c. The permittee may allow a bypass to occur which does not cause effluent limitations to be exceeded, but only if it <br />also. is for essential maintenance or to assure optimal operation. These bypasses are not subject to the provisions of <br />paragraph (a) above. <br />d. The Division may approve an anticipated bypass, after considering adverse effects, if the Division determines that 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 duty to halt or reduce any activity if necessary to maintain compliance with the effluent limitations <br />of the permit. Upon reduction, loss, or failure of the treatment facility, the permittee shall, to the extent necessary to <br />maintain compliance with its permit, control production, control sources of wastewater, or all discharges, until the facility <br />is restored or an alternative method of treatment is provided. This provision also applies to power failures, unless an <br />alternative power source sufficient to operate the wastewater control facilities is provided. <br />It shall not be a defense for a permittee 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. RESPONSIBILITIES <br />1. Inspections and Rieht to Entry <br />The. permittee shall allow the Division and/or the authorized representative, upon the presentation of credentials: <br />a. To enter upon the permittee's premises where a regulated facility or activity is located or in which any records are <br />required to be kept under the terms and conditions of this permit; <br />b. At reasonable times to have access to and copy any records required to 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 />c. To enter upon the permittee's premises in a reasonable manner and at a reasonable time to inspect and/or investigate, <br />any actual, suspected, or potential source of water pollution, or to ascertain compliance or non compliance with the <br />Colorado Water Quality Control Act or any other applicable state or federal statute or regulation or any order <br />promulgated by the Division. The investigation may include, but is not limited to, the following: sampling of any <br />discharge and/or.process waters, the taking of photographs, interviewing of any person having knowledge related to <br />the discharge permit or alleged violation, access to any and all facilities or areas within the permittee's premises that <br />may have any affect on the discharge, permit, or alleged violation. Such entry is also authorized for the purpose of <br />inspecting and copying records required to be kept concerning any effluent source. <br />d. The permittee shall provide access to the Division to sample the discharge at a point after the final treatment process <br />but 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 <br />as its authorized representatives 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 />Attachment 2.05.3(3)-18-40 <br />