A. If there is an immediate and serious threat to the Interim Remedy, and its performance in accordance with the SOW, Consent Decree or RODs, and if SBMWD believes it may be due in whole or in part to Applicant's operations, SBMWD may order Applicant to cease or reduce its operations and show cause why the permit should not be revoked, modified or restricted.
B. In addition to the provisions set forth above, the permit may be revoked upon the determination of the SBMWD General Manager of any of the following:
1. Misrepresentation or failure to disclose material facts in the application.
2. Falsifying or making misrepresentations on any reports submitted to SBMWD, whether as part of the application, as a condition of the permit or as submitted voluntarily by the Applicant.
3. Tampering with monitoring equipment subject to the permit.
4. Refusing or obstructing SBMWD or its designee, or EPA or DTSC, or their designees' timely access to the permitted sites and operations, and records of those operations.
5. Failure to pay fines.
6. Failure to meet compliance schedules.
7. Failure to comply with conditions of approval.
8. Failure to file timely reports or to respond to requests for reports, sampling data, monitoring activities or cooperation with the Interim Remedy for the Newmark Superfund Site.
C. In the event the activities of the Applicant, or Applicant's agents, contractors, licensees, lessees or employees are deemed by SBMWD to interfere with or adversely affect the integrity of the Newmark and Muscoy extraction and treatment systems, or will increase the likelihood that contaminants will migrate past or around the barrier wells that are part of those systems or will otherwise interfere with the performance of the Interim Remedy, SBMWD may revoke or suspend the permit and compel Applicant to cease all activities covered by the permit until either a hearing is held before the Board of Water Commissioners pursuant to Section 13.025.060 below for Applicant to demonstrate why the permit should not be modified or revoked, or Applicant and the General Manager reach a mutually acceptable resolution. In all other circumstances, Applicant shall be advised in writing of any noncompliance with the permit or other condition that may warrant a modification of permit conditions or revocation of the permit, and Applicant shall be afforded the opportunity for a hearing before the Board of Water Commissioners pursuant to the provisions of Section 13.25.060, below, to present any evidence as to why the permit should not be modified or revoked.