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PART II <br />. Page No. 22 <br />Pertni[No.: CO-0038776 <br />5. Modification, Suspension. Revocation, or Temunation of Pemtits By the Division (continued) <br />b. A permit may be modified in whole or in part for the following causes, provided that such modification complies with the <br />provisions of Section 61.10 of the Colorado Dischazge Permit System Regulations: <br />i) There aze material and substantial alterations or additions to the permitted facility or activity which occurred after permit <br />issuance which justify the application of permit conditions that aze different or absent m the existing pemut. <br />ii) The Division has received new information which was not available at the time of peratit issuance (other than revised <br />regulations, guidance, or test methods) and which would have jusfified Ute appplication of different pernut conditions at the <br />time of issuance. For pernuts issued 4o new sources or new dischazgers, [tits cause includes information derived from <br />effluent testingg required under Section 61.4(7)(e) of the Colorado Discharge Permit System Regulations. This provision <br />allows a modification of the permit to includde conditions that are less stripgent than the extsting permit only to the extent <br />allowed under Section 61.10 of the Colorado Discharge Permit System Regulations. <br />iii) The standards or regulations on which the pemrit was based have been changed by promulgafion of amended standards or <br />re ulations or by judicial decision after the permit was issued. Pemuts may be modified during their terms for this cause <br />only as follows: <br />(A) The permit condition requested to be modified was based on a promulgated effluent limitafion guideline, EPA approved <br />water quality standard, or an effluent limitation set forth in 5 CCR 1002-62, § 62 et seq.; and <br />(B) EPA has revised, withdrawn, or modified that pportion of the regulation or effluent limitation guideline on which the <br />permit condition was based, or has approved a C:ormnission action with respect to the water quality standard or effluent <br />limitation on which the perrnit condition was based; and _ <br />(C) The permittee requests modification- after the notice of final action by which the EPA effluent limitation guideline <br />water quality standard, or effluent limitation is revised, withdrawn, or modified; or <br />(D) For judicial decisions, a court of competent jurisdiction has remanded and stayed EPA promulggated regulations or <br />effluent Iimutation guidelines, if the remand and stay concern that portion of the regulations or gmdeIines on which the <br />pemut condition was based and a request is filed by the perrnittee in accordance with this Regulation, wtthin ninety (90) <br />days ofludicial remand, <br />iv) The Division detemilnes that good cause exists to modify a permit condition because of events over which the pemittee has <br />no control and for which there is no reasonable available remedy. <br />v) The permittee has received a variance. <br />vi) When required to incorporate applicable toxic effluent limitation or standards adopted pursuant to § 307(a) of the Federal <br />act. <br />vii) When required by the reopener conditions in the pewit <br />viii)As necessary under 40 C.F.R. 403.8(e), to include a compliance schedule for the development of a pretreatment program <br />ix) When the level of discharge of any pollutant which is not limited in the permit exceeds the level which can be achieved by <br />the technology-based treatment requrements appropriate to the permittee under Section 61.8(2) of the Colorado Dischazge <br />Permit System Regulations. <br />x) To establish a pollutant notification level required in Section 61.8(5) of the Colorado Discharge Pemnit System Regulations. <br />xi) To correct technical mistakes, such as errors in calculation, or mistaken interpretations of law made in determining pemut <br />conditions, to the extent allowed in Section 61.10 of the Colorado State Discharge Permit System Regulations. <br />xii) When required by a permit condition to incorporate a land application plan for bene&cial reuse of sewage sludge, to revise <br />an existing land application plan, or to add a land application plan. <br />xiii) For any other cause provided in Section 61.10 of the Colorado Dischazge Permit System Regulations. <br />c. At the request of a pexmtittee, the Division may modify or temrinate a permit and issue a new permit if the following conditions <br />aze met: <br />i) The Regropal Administrator has been notified of the proposed modification or termination and does not object in writing <br />within thirty (30) days of receipt of notification, <br />ii) The Division finds that the permittee has shown reasonable grounds consistent with the Federal and State statutes and <br />regulations for.such modifications or termination; <br />iii) Requirements of Section 61.15 of the Colorado Discharge Pewit System Regulations have been met, and <br />iv) Requirements of public notice have been met. <br />d. Permit modification (except for minor modifications, temritration or revocation and reissuance actions shall be subject to the <br />requirements of Sections 61.5(2), 61.5(3), 61.6, 61. and 61.15 of the Colorado Dischazge Permit System Regulations. The . <br />Division shall act on a permit modification request, other than minor modification reGGnests wnthm 180 days of recei t thereof <br />Except for minor modifications, the terms of the existing permit govern and aze enforceable until the newly issuedppemait is <br />formally modified or revoked and reissued following public notice. <br />Revised 4/[92004 <br />