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PART It Pam 17 Permit Na COG-500000 B. RESPONSIBILITIES Modification. Suspension, or Revocation of Permits By the Division (continued) 2) Obtaining a permit by misrepresentation or failing to disclose any fact which is material to the granting or denial ofa permit or to the establishment of terms or conditions of the permit; 3) Materially false or inaccurate statements or information in the application for the pernih 4} A determination that the permitted activity endangers human health orthe classified or existing uses ofState Waters and can only be regulated to acceptable levels by permit modifications or termination. b. This permit, or certification under this permit, maybe modified in whole or in part due to a change in any condition that requires either a temporary or permanent reduction or elimination of the permitted discharge, such as: 1) There are material and substantial alterations or additions to the permitted facility or activity which occurted after permit issuance whichjustify the application ofpermit conditions that are different or absent in the existing penni[; 2~) 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) ofthe Regulations for the State Discharge Permit System. 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 61.20 ofthe Regulations for the State Discharge Permit System; 3 } Tfie standards or regulations on which the permit waz based have been changed by promulgation of amended standards or regulatiots or by judicial decision after the permit was issued. Permits may be modified during their terns for this cause only as follows: (a) The permit condition requested to be modified was based on a promulgated eflluenflimitation guideline, EPA approved water quality standard, or an effluent limitation set fork in 5 CCR 1002-62, Regulation 62 et - - -seq.;.and -- -- - - (b) EPA has revised withdrawn, or modified that portion of the regulation or effluent limitation guideline on which the permit condition was based, or has approved a Commission action with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, ifthe remand and stay concern that portion ofthe 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. 4) The Division determines that good cause exists to modify a permit condition because of events over which the permittee has no control artd for which there is no rcaspnable available remedy, 5) The permittee has received a variance; 6) When required to incorporate applicable toxic effluent limitation or standards adopted pursuant to ' 307(a) of the Federal act; 7) When required by the reoperter conditions in the permit; 8) As necessary under 40 C.F.R. 403.g(e), to include a compliance schedule for the development of a pretreatment program;