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PART II Page No. 13 Permit No.: CO-01M5161 5. Modification, Sgs~ension, Revocation, or Temunarion of Permits 13v the Division (continued) iv) A determination that the pem»tted activity endangers human health or the classified or existing uses of state waters and can only be regulated to acceptable levels by permit modificatons or termination. b. A pemrit may be modified in whole or in part for the following causes, provided that such modification complies with the provisions of Sechon 61.10 of the Colorado Dischazge Pernilt System Regulations: i) There are material and substantial alterations or additions to the permitted facility or activity which occurred after permit issuance which justify the application of pemrit conditions that are 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 ernut conditions at the time of issuance. For ertnits issued to new sources or new drschazgers, this cause includes information derived from effluent testing requrzedpunder Section 61.4(7)(e) of the Colorado Dischazge Permit System Regulations. This provision allows a modr rcatton of the permit to includde conditions that aze less stripgent than the existing pemut 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 re~ulatfons or by judicial decision after the permit was issued. Permits may be modified during their temu for this cause only as follows: (A) The permit condition requested to be modified was based on a romulgated effluent limitation guideline, EPA approved water quality standard, or an effluent limitation set forth in 5 C~R 1002-62, § 62 et seq.; and (B) EPA has revised, withdrawn, or modified that portion of the regulation or effluent limitation guideline on which the permit condition was based, or has approved a Commission action with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 standazd or effluent limitation on which the permit conditton 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final action by which the EPA effluent limitation guideline, water quality standard, or eff7ueni ]imitation is revised, withdrawn, or modified; or (D) For judicial decisions, a court of competent jurisdiction has remanded and stayed EPA promulggated regulations or effluent lirmtaton guidelines, if the remand and stay concern that portion of the regulations or gudelines on which the permit condition was based and a request is filed by the pemuttee in accordance with this Regulation, within ninety (90) days ofludicial remand. iv) The Division detemtines that good cause exists to modify a permit condition because of events over which the pemtittee has no conttol and for which there is no reasonable available remedy. v) The permittee has received a variance. vi) When required to incorporate applicable toxic effluent limitation or standards adopted pursuant to § 307(a) of the Federal act. vii) When required by the reopener conditions in the permit. viii)As necessary under 40 C.F.R. 403.8(e), to include a compliance schedule for the development of a preveatmen[ program. ix) When the level of dichazge of any pollutant which is not limited in the permit exceeds the level which can be achieved by the technology-based vestment requvemeats appropriate to the pemrittee under Section 61.8(2) of the Colorado Discharge Pemrit System Regulations. x) To establish a pollutant notification level required in Section 61.8(5) of the Colorado Dischazge Permit System Regulations. xi) To correct technical mistakes, such as errors in calculation, or mistaken interpretations of law made in determining pemrit conditions, to the extent allowed in Section 61.10 of the Colorado State Dischazge Pemit System Regulations. xii) When required by a permit condition to incorporate a land application plan for beneficial reuse of sewage sludge, to revise an existing land apphcatton plan, or to add a land application plan. xiii) For any other cause provided in Section 61.10 of the Colorado Discharge Permit System Regulations. c. At the request of a pemrittee, the Division may modify or terminate a pemrit and issue a new permit if the following conditions are met: i) The Regional Adminisvator has been notified of the proposed modification or termination and does not object in writing within thirty (30) days of receipt of notification, ii) The Division finds that the perminee has shown reasonable grounds consistent with the Federal and State statutes and regulations for such modificattons or termination; iii) Requirements of Section 6].15 of the Colorado Dischazge Permit System Regulations have been met, and fv) Requirements of public notice have been met. d. Perini[ modification (except for minor modifications), termination or revocation and reissuance actions shall be subject to the requirements of Sections 61.5(2), 61.5(3), 61.6, 61.7 and 61.15 of the Colorado Dischazge Pemu[ System Regulations. eerised tnanoos