2010-03-01_REVISION - C1982056 (2)

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"Aft i U Page 10 Permit No.: COG-070000 In any enforcement proceeding, the permittee seeking to establish the occurrence of an upset has the burden of proof. 3. Reduction. Loss, or Failure of Treatment The permittee has the duty to halt or reduce any activity if necessary to maintain compliance with the effluent limitations of the permit. Upon reduction, loss, or failure of the treatment, the permittee shall, to the extent necessary to maintain compliance with this permit, control sources of wastewater, or all discharges, or both until the treatment is restored or-an alternative method of treatment is provided. This provision also applies to power failures, unless an alternative power source sufficient to operate the wastewater control facilities is provided. In an enforcement action a ermittee shall not use a defense that it would be necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of this permit. 4. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be disposed of in a manner such as to prevent any pollutant from such materials from entering waters of the State. 5. Minimization of Adverse Impacts The ermittee shall take all reasonable steps to minimize any adverse impact to waters of the State resulting from noncompliance with. any effluent limitations specified in this permit. As necessary, accelerated or additional monitoring of the influent or effluent will be required to determine the nature and impact of noncompliance. 6. Discharge Point Any discharge to the waters ofthe State from a point source other than specifically authorized herein is prohibited. 7. Inspections and Right to Entry The permittee shall allow the Division's Director, the EPA Regional Administrator, and/or their authorized representatives, upon the presentation of credentials: a) To enter upon the permittee's premises where a regulated facility or activity. is located or in which any records are required to be kept under the terms and conditions of this permit; b) At reasonable times to have access to inspect and copy any records required to be kept under the terms and conditions of this permit and to inspect any monitoring equipment or monitoring method required in the permit; and c) To enter upon the permittee's premises in a reasonable manner and at a reasonable time to inspect and/or investigate any actual, suspected, or potential source of water pollution, or to ascertain compliance or noncompliance with anapplicable state or federal statute or regulation or any order promulgated by the Division. The investigation may include, but is not limited to the following sampling of any discharge and/or process waters, the taking of photographs, interviewing of any persons having any knowledge related to the discharge permit or alleged violation, access to any and all facilities or areas within the permittee's premises that may have any affect on the discharge, permit, or alleged violation. d) The Division shall split samples taken by the Division during any investigation with the permittee if requested to do so by the permittee. Duty to Provide Information The permittee shall furnish to the Division, within a reasonable time, any information which the Division may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit, or to determine compliance with this permit. Availability of Reports Except for data determined to be confidential under Section 308 of the Act and the Colorado Discharge Permit System Regulations 5 CCR 1002-2, Section 61.5(4), all reports prepared in accordance with the terms of this permit shall be available for public inspection at the offices of the Division and the EPA's Regional Administrator. As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in Section 309 of the Act, and Section 25-8-610 C.R.S. Revised 2/22/2010