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Part VII.C. violation and imprisonment for up to 15 years may be assessed depending upon the nature and degree of the offense. D. False Statements Any person who knowingly makes any false material statement, representation, or certification in any application, record, report, or other document filed or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance must, upon conviction, be punished in accordance with ECL §71-1933 and or New York State Penal Law Articles 175 and 210. E. Re-Opener Clause Upon issuance of this permit, a determination has been made on the basis of a submitted Notice of Intent, plans, or other available information, that compliance with the specified permit requirements will reasonably protect classified water use and assure compliance with applicable water quality standards. Satisfaction of the requirements of this permit notwithstanding, if operation pursuant to this permit causes or contributes to a condition in contravention of State water quality standards or guidance values, or if NYSDEC determines that a modification is necessary to prevent impairment of the best use of the waters or to assure maintenance of water quality standards or compliance with other provisions of ECL Article 17 or the Clean Water Act (CWA), or any regulations adopted pursuant thereto, NYSDEC may require such modification and the Commissioner may require abatement action to be taken by the owner or operator and may also prohibit such operation until the modification has been implemented. F. Duty to Mitigate The owner or operator, and its contractors and subcontractors, must take all reasonable steps to minimize or prevent any discharge in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment. G. Requiring Another General Permit or Individual SPDES Permit NYSDEC may require any owner or operator authorized to discharge in accordance with this permit to apply for and obtain an individual SPDES permit or apply for authorization to discharge in accordance with another general SPDES permit. 1. Cases where an individual SPDES permit or authorization to discharge in accordance with another general SPDES permit may be required include, but is not limited to the following: 47 Page 753 of 849