PERMFILE54803

• Permit No: C1981038A
• IBM Index Class Name: Permit File
• Doc Date: 1/9/2004
• Section_Exhibit Name: Volume 8A NPDES Permit Appendix
• Media Type: D
• Archive: Yes

Permi t No.
PA
e No. 17 _
B. RESPONSIBILITIES
• 3. Transfer of Ownership or Control (continued)
iii. The Division does not notify the existing permittee and the proposed new pemrittee of its intent to modify, or revoke and reissue
the permit.
iv. Fee requirements of the Regulations for the State Discharge Permit System, Section 61.15 have been met.
4. Availabiliri of Reports
Except far data determined to be confidential under Section 308 of the Federal Clean Water Act and Colorado Dischazge Permit System
Regulations 5 CCR 1002-61, Section 61.5.(4), all reports prepazed in accordance withthe terms ofthis permit shall be available forpublic
inspection at the offices of the Division and the Environmental Protection Agency.
The name and address of the permit applicant(s) and pemvttee(s), permit applications, permits and effluent data shall not be considered
confidential. Knowingly making false statement on any such report may result in the imposition of criminal penalties as provided for in
Section 309 of the Federal Clean Water Act, and Section 25-8-610 C.R.S.
5. Modification. Suspension. Revocation, or Termination of Pemtits 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 pemrit 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
vi. Materially false or inaccurate statements or information in the permit application or the permit.
iv. A determination that the pemiltted 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 may be modified in whole or in part for the following causes, if such modification complies with the provisions of Section
61.10 of the Colorado Dischazge Permit System Regulations:
i. There aze material and substantial alterations or additions [o the permitted facility or activity which occurred after pemtit
issuance which justify the application of permit conditions that aze 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
ofissuance. For pemtits issued to new sources or new dischazgers, this cause inciudes information derived fromeffluenttesting
required under Section 61.4(7)(e) of the Colorado Dischazge Permit System Regulations. This provision allows a modification
of the permit to include conditions that aze less stringent than the existing permit only to the extent allowed under Section 61:10
of the Colorado Dischazge Permit System Regulations.
iii. The standards or regulations on which the permit was based have been changed by promulgation of amended standazds 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 effiuent limitation guideline, EPA approved
water quality standard, or an effluent limitation set forth is 5 CCR 1002-62, ' 62 of 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 standazd 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 standazd, 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 reguhiions 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.