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• PART 0 <br />Page 11 <br />Permit No. COG-SOD000 <br />B. RESPONSIBII.tITES <br />5. Modification. Suspension. or Revocation of Permits By the Division (continued) <br />2) Obtaining a permit bymisrepresentation or failing to disclose any fact which is material to the granting or denial ofa <br />permit or to the establishment of terms or conditions of the permit; <br />3) Materially false or inaccurate statements or information in the application for the permit; <br />4) A determination that the permitted activity endangers human health or the classified or existing uses of State <br />Warers amt can only be regulated to acceptable levels by permit modifications or termination. <br />b. This permit, or certification under this permit, may be modified in whole or in part due to a change is any condition that <br />requQes either a temporary or permanent reduction or elimination of the permitted discharge, such as: <br />I) There are material and substantial alterations or additions to the permitted facility or activity whirl occurred after <br />permit issuance which justify the application of permit conditions that aze different.or absent in the existing <br />permit <br />2) The Division has received new information, which was not available at the time of permit issuance (other than <br />revised regulations, guidance, or test methods), and which would Lave justified the application of different permit <br />conditions at tle time of issuance. For permits issued to new sources or new dischargers, 1Lis cause includes <br />information derived from effluent testing required under Section 61.4 (7) of the Regulations for the State <br />Dischazge Permit System. This provision allows a modification of the permit to include conditions that are less <br />stringent than the existing permit only to the extent allowed under Section 61.10 of the Regulations for tLe State <br />Discharge Permit System; <br />3) The standazds or regulations on which tle permit was based have been clanged by promulgation of amended <br />standards or regulations or by judicial decision aRer the permit was issued. Permits may be modified during dteir <br />terms for tlis cause only as follows: <br />(a) The permit condition requested to be modified was based on a promulgated effluent limitation guideline, <br />EPA approved water quality standazd, or an effluent limitation set forth in 5 CCR 1002-62, Regulation <br />62 et seq.; and <br />(b) EPA has revised, withdrawn, or modified that portion of the regulation or effluent limitation guideline on <br />which dte permit condition was based, or has approved a Commission action with respect to dte water <br />quality standard or effluent limitation on which the permit condition was based; and <br />(c) The permittee requests modification after dte notice of final actionby which the EPA effluent liniltation <br />guideline, water quality standard, or effluent limitation is revised, widhdrawn, or modified; or <br />(d) For judicial decisions, a court of competent jurisdiction las remanded and stayed EPA promulgated <br />regulations or effluent limitation guidelines, if the remand and stay concern flat portion of dle regulations <br />or guidelines on which the permit condition was based and a request is filed by the permittee in <br />accordance will this Regulation, within ninety (90) days of judicial remand. <br />4) The Division determines that good cause exists to modify a permit condition because of events over which the <br />permittce has no control and for which there is no reasonable available remedy; <br />5) The permittee has received a variance; <br />6) When required to incorporate applicable toxic effluent limitation or standazds adopted pursuant to ~ 307(a) of dte <br />Federal acr, <br />7) When required by the reopener conditions in the permit <br />8) As necessary under 40 C.F.R. 403.8(e), m include a compliance scLedule for the development of a pretreatment <br />