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PART I <br />Page No. 38 <br />Permit No.: CO-0000213 <br />3. Transfer of Ownership or Control <br />a. Except as provided in paragraph b. of this section, a permit may be transferred by a permittee only if the permit has <br />been modified or revoked and reissued as provided in Section 61.8(8) of the Colorado Discharge Permit System <br />Regulations, to identify the new permittee and to incorporate such other requirements as may be necessary under the <br />Federal Act. <br />b. A permit may be automatically transferred to a new permittee if: <br />i) The current permittee 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 <br />revoke and reissue the permit. <br />iv) Fee requirements of the Colorado Discharge Permit System Regulations, Section 61.15, have been met. <br />4. Availability of Reports <br />Except for data determined to be confidential under Section 308 of the Federal Clean Water Act and the Colorado <br />Discharge Permit System Regulations 5 CCR 1002-61, Section 61.5(4), all reports prepared in accordance with the terms <br />of this permit shall be available for public inspection at the offices of the Division and the Environmental Protection <br />Agency. <br />The name and address of the permit applicant(s) and permittee(s), permit applications, permits and effluent data shall not <br />be considered confidential. Knowingly making 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 />5. Modification, Suspension, Revocation, or Termination of Permits By the Division <br />The filing of a request by the permittee for a permit modification, revocation and reissuance, termination or a notification <br />of planned changes or anticipated noncompliance, does not stay any permit condition. <br />a. A permit may be modified, suspended, or terminated in whole or in part during its term for reasons determined by <br />the 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 <br />of a 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 determination that the permitted activity endangers human health or the classified or existing uses of state <br />waters and can only be regulated to acceptable levels by permit modifications or termination. <br />b. A permit may be modified in whole or in part for the following causes, provided that such modification complies with <br />the provisions of Section 61.10 of the Colorado Discharge Permit System Regulations: <br />i} There are material and substantial alterations or additions to the permitted facility or activity which occurred after <br />permit issuance which justify the application of permit conditions that are different or absent in the existing <br />permit. <br />Attachment 2.05.3 (3)-18-42 <br />