Laserfiche WebLink
A. MANAGEMENT REQUIREMENTS (cont.) <br />It shall not be a defense for a permittee in an enforcement action that it would be necessary to halt or reduce the <br />permitted activity in order to maintain compliance with the conditions of this permit. <br />12. Proper Operation and Maintenance <br />The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and <br />related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this <br />permit. Proper operation and maintenance includes effective performance, adequate funding, adequate operator staffing <br />and training, and adequate laboratory and process controls, including appropriate quality assurance procedures. This <br />provision requires the operation of back-up or auxiliary facilities or similar systems only when necessary to achieve <br />compliance with the conditions of the permit. <br />B. RESPONSIBILITIES <br />1. Inspections and Right to Entry <br />The permittee shall allow access to the Director of the Division, the EPA Regional Administrator, and/or their <br />authorized representative(s), upon the presentation of credentials. In the making of such inspections, investigations, and <br />determinations, the Division, in so far as practicable, may designate as its authorized representatives any qualified <br />personnel of the Department of Agriculture. The Division may also request assistance from any other state or local <br />agency or institution. The Division, EPA, and/or their authorized representative(s), must be allowed: <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 <br />this permit and to inspect any monitoring equipment or monitoring method required in the permit; and <br />To enter upon the permittee's premises to investigate, within reason, any actual, suspected, or potential source of <br />water pollution, or any violation of the Colorado Water Quality Control Act. The investigation may include, but <br />is not limited to, the following: sampling of any discharge and/or process waters, the taking of photographs, <br />interviewing permittee staff on alleged violations and other matters related to the permit, and access to any and <br />all facilities or areas within the permittee's premises that may have any effect on the discharge, permit, or any <br />alleged violation. Such entry is also authorized for the purpose of inspecting and coping records required to be <br />kept concerning any effluent source. <br />The Division shall split any sample taken with the permittee if requested to do so by the permittee. <br />2. Duty to Provide Information <br />The permittee shall furnish to the Division, within the time frame specified by the Division, any information, which the <br />Division may request to determine whether cause exists for modifying, revoking and reissuing, or terminating coverage <br />under this permit, or to determine compliance with this permit. The permittee shall also furnish to the Division, upon <br />request, copies of records required to be kept by this permit. <br />3. Transfer of Ownership or Control <br />Certification under this permit may be transferred to a new permittee i£ <br />a. The current permittee notifies the Division in writing 30 days in advance of the proposed transfer date; and <br />The notice includes a written agreement between the existing and new permittees containing a specific date for <br />transfer of permit responsibility, coverage and liability between them; and