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PART II <br />Page 22 of 22 <br />Permit No.: CO-0001244 <br />11. Renewal Application <br />If the permittee desires to continue to discharge, a permit renewal application shall be submitted at least one hundred eighty <br />(180) days before this permit expires. If the permittee anticipates there will be no discharge after the expiration date of this <br />permit, the Division should be promptly notified so that it can terminate the permit in accordance with Part II.B.5. <br />12. Confidentiality <br />Any information relating to any secret process, method of manufacture or production, or sales or marketing data which has <br />been declared confidential by the permittee, and which may be acquired, ascertained, or discovered, whether in any sampling <br />investigation, emergency investigation, or otherwise, shall not be publicly disclosed by any member, officer, or employee of <br />the Commission or the Division, but shall be kept confidential. Any person seeking to invoke the protection of this <br />Subsection (12) shall bear the burden of proving its applicability. This section shall never be interpreted as preventing full <br />disclosure of effluent data. <br />13. Fees <br />The permittee is required to submit payment of an annual fee as set forth in the 2005 amendments to the Water Quality <br />Control Act. Section 25-8-502 (1) (b), and the Colorado Discharge Permit System Regulations 5 CCR 1002-61, Section 61.15 <br />as amended. Failure to submit the required fee when due and payable is a violation of the permit and will result in <br />enforcement action pursuant to Section 25-8-601 et. seq., C.R.S. 1973 as amended. <br />14. Duration of Permit <br />The duration of a permit shall be for a fixed term and shall not exceed five (5) years. Filing of a timely and complete <br />application shall cause the expired permit to continue in force to the effective date of the new permit. The permit's duration <br />may be extended only through administrative extensions and not through interim modifications. <br />15. Section 307 Toxics <br />If a toxic effluent standard or prohibition, including any applicable schedule of compliance specified, is established by <br />regulation pursuant to Section 307 of the Federal Act for a toxic pollutant which is present in the permittee's discharge and <br />such standard or prohibition is more stringent than any limitation upon such pollutant in the discharge permit, the Division <br />shall institute proceedings to modify or revoke and reissue the permit to conform to the toxic effluent standard or prohibition. <br />16. Effect of Permit Issuance <br />a. The issuance of a permit does not convey any property rights or any exclusive privilege. <br />b. The issuance of a permit does not authorize any injury to person or property or any invasion of personal rights, nor does <br />it authorize the infringement of federal, state, or local laws or regulations. <br />c. Except for any toxic effluent standard or prohibition imposed under Section 307 of the Federal act or any standard for <br />sewage sludge use or disposal under Section 405(d) of the Federal act, compliance with a permit during its term <br />constitutes compliance, for purposes of enforcement, with Sections 301, 302, 306, 318, 403, and 405(a) and (b) of the <br />Federal act. However, a permit may be modified, revoked and reissued, or terminated during its term for cause as set <br />forth in Section 61.8(8) of the Colorado Discharge Permit System Regulations. <br />d. Compliance with a permit condition which implements a particular standard for sewage sludge use or disposal shall be an <br />affirmative defense in any enforcement action brought for a violation of that standard for sewage sludge use or disposal.