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I Penalties for Violations of Permit Conditions. Any person who violates any <br />requirement of the UIC Program is subject to enforcement action under Section 1423 of the <br />SDWA (42 U.S.C. Section 300h-2, et seq.). Violations of this permit may be subject to such <br />other actions pursuant to RCRA. If the violation is willful, criminal penalties and/or <br />imprisonment may result in accordance with Title 18 of the U.S.C. <br />4. Need to halt or Reduce Activity Not a Defense. It shall not be a defense for a <br />permittee in an enforcement action that it would have been necessary to halt or reduce the <br />permitted activity in order to maintain compliance with the conditions of this permit. <br />5. Duty to Mitigate. The permittee shall tape all reasonable steps to minimize or <br />correct any adverse impact on the environment resulting from noncompliance with this permit. <br />6. Proper Operation and Maintenance. The permittee shall at all times properly <br />operate and maintain all facilities and systems of treatment and control (and related <br />appurtenances) that are installed or used by the pe,mittee to achieve compliance with the <br />conditions of this permit. Proper operation and maintenance includes, but is not limited to. <br />effective performance, adequate funding. adequate operator staffing, and training. This provision <br />requires the implementation of Best Management Practices specified under Part II, Section DA to <br />achieve compliance with the conditions of this permit. <br />7. Duty to Provide Information. If at any time, the Director issues a written request <br />for information: to determine whether cause exists for modifying; to revoke and reissue, or <br />terminate this permit; or to determine compliance with this permit, the permittee shall furnish the <br />requested information within the time specified. The permittee also shall furnish to the Director, <br />upon request, copies of records required to be kept by this permit. <br />8. Inspection and Entry. The permittee shall allow the Director, or an authorized <br />representative, upon the presentation of credentials and other documents as may be required by <br />law, to: <br />(a) Enter upon the permittee's premises where a regulated facility or activity is <br />located or conducted or where records shall be kept under the condition of this <br />permit; <br />(b) I lave access to and copy. at reasonable times, records that shall be kept under <br />conditions of this permit; <br />(c) Inspect at reasonable times any facilities, equipment (including monitoring <br />and control equipment), practices, or operations regulated or required under <br />this permit; and <br />(d) Sample or monitor, at reasonable times, for the purpose of assuring permit <br />compliance or as otherwise authorized by the SDWA, any substances or <br />parameters at any location. <br />Powertech (USA). Incorporated <br />Final UIC Class V Permit No. C05120 7-08312 <br />Paue I I of 14