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PART II <br />Page No. 23 <br />Pemut No.: CO-0038024 <br />c. The permittee may allow a bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is <br />• for essential maintenance or to assure optimal operation. These bypasses are not subject to the provisions of paragraph <br />(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 of <br />the permit. Upon reduction, loss, or failure of the treatment facility, the permittee shall, to the extent necessary to maintain <br />compliance with its permit, control production, control sources of wastewater, or all discharges, until the facility is restored or <br />an alternative method of treatment is provided. This provision also applies to power failures, unless an alternative power <br />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 pemuttee'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, any <br />actual, suspected, or potential source of water pollution, or to ascertain compliance or non compliance with the Colorado <br />Water Quality Control Act or any other applicable state or federal statute or regulation or any order promulgated by the <br />Division. The investigation may include, but is not limited to, the following: sampling of any discharge and/or process <br />waters, the taking of photographs, interviewing of any person having knowledge related to the discharge permit or alleged <br />violation, access to any and all facilities or areas within the permittee's premises that may have any affect on the <br />discharge, permit, or alleged violation. Such entry is also authorized for the purpose of inspecting and copying records <br />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 but <br />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 as its <br />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 />2. Duty 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 terminating this permit, or to determine compliance <br />with this permit. The permittee shall also furnish to the Division, upon request, copies of records required to be kept by this <br />permit. <br />• 3. Transfer of Ownership or Control <br />a. Except as provided in paragraph b. of this section, a permit maybe transferred by a pemuttee only if the permit has been <br />modified or revoked and reissued as provided in Section 61.8(8) of the Colorado Discharge Permit System Regulations, <br />to identify the new permittee and to incorporate such other requirements as maybe necessary under the Federal Act. <br />