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9) A revised Air Pollutant Emission Notice (APEN) shall be filed (Regulation No. 3, Part A, Section <br />9 II.C.): <br />a) Annually whenever a significant increase in emissions occurs as follows: <br />i) For any criteria pollutant: <br />(1) For sourced emitting less than 100 tons per year, a change of five tons per year or more, <br />above the level reported on the last APEN submitted. <br />ii) For any non-criteria reportable pollutant: <br />(1) If the emissions increase by 50% of five (5) tons per year, whichever is less, above the <br />level reported on the last APEN submitted to the division. <br />b) Whenever there is a change in the owner or operator of any facility, process, or activity, or; <br />c) Whenever new control equipment is installed, or whenever a different type of control equipment <br />replaces an existing type of control equipment; or <br />d) Whenever a permit limitation must be modified; or <br />e) No later than 30 days before the existing APEN expires. APEN expires five (5) years from the <br />date of submittal. <br />10) This permit and any required attachments must be retained and made available for inspection upon <br />request at the mine site. <br />11) The Operator MUST notify the Division at least thirty days prior to commencement of the permitted <br />operation or activity. <br />12) The Operator must pay an annual fee to the Division to cover the costs of inspections and <br />administration. If a source or activity is to be discontinued, then the owner must notify the Division <br />in writing requesting a cancellation of the permit. <br />13) Violations of the terms of a permit or of the provisions of the Colorado Air Pollution Prevention <br />and control Act of the regulations of the Air Quality Control Commission may result in administration, <br />civil or criminal enforcement actions under Section s24-7-115, -121, -122, -122.1, Colorado Revised <br />Statute. <br />Particulate Emissions Control Plan for Mining and Processing Activities: <br />a. Mining and Processing Activities - Visible emissions not to exceed 20%, no off-property <br />transport of visible emissions. <br />b. Haul Roads - No off-property transport of visible emissions shall apply to on-site haul roads, the <br />nuisance guidelines shall apply to off-site haul roads. <br />Haul Trucks - There shall be no off-property transport of visible emissions from haul trucks <br />when operating on the property of the owner or operator. There shall be no off-vehicle transport <br />of visible emissions from the material in the haul trucks when operating off of the property of the <br />owner or operator.