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PART If <br />• Page No. 37 <br />Permit t No.: : CO-000221 <br />12. Submission of Incorrect or Incomplete Information <br />Where the permittee failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit <br />application or report to the Division, the permittee shall promptly submit the relevant information which was not submitted or <br />any additional information needed to correct any erroneous information previously submitted. <br />13. B ass <br />a. Bypasses are prohibited and the Division may take enforcement action against the petmittee for bypass, unless: <br />i) The bypass is unavoidable to prevent loss of life, personal injury, or severe property damage, <br />There were no feasible alternatives to bypass such as the use of auxiliary treatment facilities, retention of untreated <br />wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate <br />back-up equipment should have been installed in the exercise of reasonable engineering judgment to prevent a <br />bypass which occurred during normal periods of equipment downtime or preventive maintenance; and <br />iii) Proper notices were submitted in compliance with Part II.A.4. <br />b. "Severe property damage" as used in this Subsection means substantial physical damage to the treatment facilities which <br />causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably he <br />expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in <br />production. <br />c. The permittee may allow a bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is <br />for essential maintenance or to assure optimal operation. These bypasses are not subject to the provisions of paragraph <br />(a) above. <br />d. The Division may approve an anticipated bypass, after considering adverse effects, if the Division determines that the <br />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 effluent limitations of <br />the permit. Upon reduction, loss, or failure of the treatment facility, the permittee shall, to the extent necessary to maintain <br />compliance with its permit, control production, control sources of wastewater, or all discharges, until the facility is restored or <br />an alternative method 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 reduce the permitted <br />activity in order to maintain compliance with the conditions of this permit. <br />B. RESPONSIBILITIES <br />1. Inspections and Rieht to Entrv <br />The permittee shall allow the Division and/or the authorized representative, upon the presentation of credentials: <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 this <br />permit and to inspect any monitoring equipment or monitoring method 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 and/or investigate, any <br />actual, suspected, or potential source of water pollution, or to ascertain compliance or non compliance with the Colorado <br />Water Quality Control Act or any other applicable state or federal statute or regulation or any order promulgated by the <br />Division. The investigation may include, but is not limited to, the following: sampling of any discharge and/or process <br />waters, the taking of photographs, interviewing of any person having knowledge related to the discharge permit or alleged <br />violation, access to any and all facilities or areas within the permittee's premises that may have any affect on the <br />discharge, permit, or alleged violation. Such entry is also authorized for the purpose of inspecting and copying records <br />required to be kept concerning any effluent source. <br />d. The permittee shall provide access to the Division to sample the discharge at a point after the final treatment process but <br />prior to the discharge mixing with state waters upon presentation of proper credentials.