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Order <br />2009-0009-DWQ amended by 2010-0014-DWQ & 2012-0006-DWQ <br /> 22 <br /> <br />IV. SPECIAL PROVISIONS <br /> <br />A. Duty to Comply <br /> <br />1. The discharger shall comply with all of the conditions of this General <br />Permit. Any permit noncompliance constitutes a violation of the Clean <br />Water Act (CWA) and the Porter-Cologne Water Quality Control Act <br />and is grounds for enforcement action and/or removal from General <br />Permit coverage. <br /> <br />2. The discharger shall comply with effluent standards or prohibitions <br />established under Section 307(a) of the CWA for toxic pollutants within <br />the time provided in the regulations that establish these standards or <br />prohibitions, even if this General Permit has not yet been modified to <br />incorporate the requirement. <br /> <br />B. General Permit Actions <br /> <br />1. This General Permit may be modified, revoked and reissued, or <br />terminated for cause. The filing of a request by the discharger for a <br />General Permit modification, revocation and reissuance, or <br />termination, or a notification of planned changes or anticipated <br />noncompliance does not annul any General Permit condition. <br /> <br />2. If any toxic effluent standard or prohibition (including any schedule of <br />compliance specified in such effluent standard or prohibition) is <br />promulgated under Section 307(a) of the CWA for a toxic pollutant <br />which is present in the discharge and that standard or prohibition is <br />more stringent than any limitation on the pollutant in this General <br />Permit, this General Permit shall be modified or revoked and reissued <br />to conform to the toxic effluent standard or prohibition and the <br />dischargers so notified. <br /> <br />C. Need to Halt or Reduce Activity Not a Defense <br /> <br />It shall not be a defense for a discharger in an enforcement action that it <br />would have been necessary to halt or reduce the permitted activity in <br />order to maintain compliance with the conditions of this General Permit. <br /> <br />D. Duty to Mitigate <br /> <br />The discharger shall take all responsible steps to minimize or prevent any <br />discharge in violation of this General Permit, which has a reasonable <br />likelihood of adversely affecting human health or the environment.