2015-03-11_PERMIT FILE - C1981038A (2)

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PART II Page No. 26 Permit No. COG-850000 5. Modification, Suspension, Revocation, or Termination of Permits By the Division The filing of a request by the permittee for a permit modification, revocation, and reissuance/termination or a notification of planned changes or anticipated noncompliance, does not stay any permit condition. a. A permit may be modified, suspended, or terminated in whole or in part during its term for reasons determined by the Division including, but not limited to, the following: i. Violation of any terms or conditions of the permit; ii. Obtaining a permit by misrepresentation or failing to disclose any fact which is material to the granting or denial of a permit or to the establishment of terms or conditions of the permit; or iii. Materially false or inaccurate statements or information in the permit application or the permit. iv. A determination that the permitted activity endangers human health or the classified or existing uses of state waters and can only be regulated to acceptable levels by permit modifications or termination. b. A permit maybe modified in whole or in part for the following causes, if such modification complies with the provisions of Section 61.10 of the Colorado Discharge Permit System Regulations: i. There are material and substantial alterations or additions to the permitted facility or activity which occurred after permit issuance which justify the application of permit conditions that are different or absent in the existing permit. ii. The Division has received new information which was not available at the time of permit issuance (other than revised regulations, guidance, or test methods) and which would have justified the application of different permit conditions at the time of issuance. For permits issued to new sources or new dischargers, this cause includes information derived from effluent testing required under Section 61.4(7)(e) of the Colorado Discharge Permit System Regulations. This provision allows a modification of the permit to include conditions that are less stringent than the existing permit only to the extent allowed under Section 61.10 of the Colorado Discharge Permit System Regulations. iii. The standards or regulations on which the permit was based have been changed by promulgation of amended standards or regulations or by judicial decision after the permit was issued. Permits may be modified during their terms for this cause only as follows: (A) The permit condition requested to be modified was based on a promulgated effluent limitation guideline, EPA approved water quality standard, or an effluent limitation set forth in 5 CCR 1002-62, ' 62 et seq.; and (B) EPA has revised, withdrawn, or modified that portion of the regulation or effluent limitation guideline on which the permit condition was based, or has approved a Commtssion action with respect to the water quality standard or effluent limitation on which the permit condition was based; and (C) The permittee requests modification after the notice of final action by which the EPA effluent limitation guideline, water quality standard, or effluent limitation is revised, withdrawn, or modified; or (D) For judicial decisions, a court of competent jurisdiction has remanded and stayed EPA promulgated regulations or effluent limitation guidelines, if the remand and stay concern that portion of the regulations or guidelines on which the permit condition was based and a request is filed by the permittee in accordance with this Regulation, within ninety (90) days of judicial remand. iv. The Division determines that good cause exists to modify a permit condition because of events over which the permittee has no control and for which there is no reasonable available remedy. v. The permittee has received a variance. vi. When required to incorporate applicable toxic effluent limitation or standards adopted pursuant to ' 307(a) of the Federal act. vii. When required by the reopener conditions in the permit. viii. As necessary under 40 C.F.R. 403.8(e), to include a compliance schedule for the development of a pretreatment program. ix. When the level of discharge of any pollutant, which is not limited in the permit, exceeds the level, which can be achieved by the technology-based treatment requirements appropriate to the permittee under Section 61.8(2) of the Colorado Discharge Permit System Regulations. x. To establish a pollutant notification level required in Section 61.8(5) of the Colorado Discharge Permit System Regulations.