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PART II <br />Page 19 of 26 <br />Permit No.: C00036251 <br />b. "Severe property damage" as used in this Subsection means substantial physical damage to the <br />treatment facilities which causes them to become inoperable, or substantial and permanent loss of <br />natural resources which can reasonably be expected to occur in the absence of a bypass. Severe <br />property damage does not mean economic loss caused by delays in production. <br />c. The permittee may allow a bypass to occur which does not cause effluent limitations to be <br />exceeded, but only if it also is for essential maintenance or to assure optimal operation. These <br />bypasses are not subject to the provisions of paragraph (a) above. <br />d. The Division may approve an anticipated bypass, after considering adverse effects, if the Division <br />determines that the bypass will meet the conditions specified in paragraph (a) above. <br />14. Reduction, Loss, or Failure of Treatment Facility <br />The permittee has the duty to halt or reduce any activity if necessary to maintain compliance with the <br />effluent limitations of the permit. Upon reduction, loss, or failure of the treatment facility, the <br />permittee shall, to the extent necessary to maintain compliance with its permit, control production, <br />control sources of wastewater, or all discharges, until the facility is restored or an alternative method <br />of treatment is provided. This provision also applies to power failures, unless an alternative power <br />source sufficient to operate the wastewater control facilities is provided. <br />It shall not be a defense for a permittee in an enforcement action that it would be necessary to halt or <br />reduce the permitted activity in order to maintain compliance with the conditions of this permit. <br />B. RESPONSIBILITIES <br />1. Inspections and Right to Entry <br />The permittee shall allow the Division and/or the authorized representative, upon the presentation of <br />credentials: <br />a. To enter upon the permittee's premises where a regulated facility or activity is located or in which <br />any records are 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 <br />and conditions of this permit and to inspect any monitoring equipment or monitoring method <br />required in the permit; and <br />c. To enter upon the permittee's premises in a reasonable manner and at a reasonable time to inspect <br />and /or investigate, any actual, suspected, or potential source of water pollution, or to ascertain <br />compliance or non compliance with the Colorado Water Quality Control Act or any other <br />applicable state or federal statute or regulation or any order promulgated by the Division. The <br />investigation may include, but is not limited to, the following: sampling of any discharge and/or <br />process waters, the taking of photographs, interviewing of any person having knowledge related <br />to the discharge permit or alleged violation, access to any and all facilities or areas within the <br />permittee's premises that may have any effect on the discharge, permit, or alleged violation. Such <br />