2018-10-22_REVISION - M2008078 (12)

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Part II Page 49 of 67 Permit No.COG500000 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water quality standard,or an effluent limitation set forth in 5 CCR 1002-62,§62 et seq.;and (B) EPA has revised,withdrawn,or modified that portion of the regulation or effluent limitation guideline on which the permit condition was based,or has approved a Commission action with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of final action by which the EPA effluent limitation guideline,water quality standard,or effluent limitation is revised,withdrawn,or modified;or (D) For judicial decisions,a court of competent jurisdiction has remanded and stayed EPA promulgated regulations or effluent limitation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)calendar 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) Where the Division has completed,and EPA approved,a total maximum daily load(TMDL)which includes a wasteload allocation for the discharge(s)authorized under the permit. vi) The permittee has received a variance. vii) When required to incorporate applicable toxic effluent limitation or standards adopted pursuant to§307(a)of the Federal act. viii) When required by the reopener conditions in the permit. ix) As necessary under 40 C.F.R.403.8(e),to include a compliance schedule for the development of a pretreatment program. x) 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. A) To establish a pollutant notification level required in Section 61.8(5)of the Colorado Discharge Permit System Regulations. xii) To correct technical mistakes,such as errors in calculation,or mistaken interpretations of law made in determining permit conditions,to the extent allowed in Section 61.10 of the Colorado State Discharge Permit System Regulations. xiii) When required by a permit condition to incorporate a land application plan for beneficial reuse of sewage sludge, to revise an existing land application plan,or to add a land application plan.