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PART II <br />Page 36 <br />Permit No. CO-0000221 <br />B. RESPONSIBII,ITIES • <br />5. Modification. Suscension, Revocation. or Tertrtiuation of Permits By the Division (cantinuedl <br />(A) The permit condition requested to be modified was based on a promulgated effluent limitation. guideline, <br />EPA approved water quality standard, or an effluent limitation set forth in 5 CCR 1002-3, § 10.1.0 et seq.; <br />and <br />(B) EPA has revised, withdrawn, or modified rbaz portion of the regulation or effluent limitation guideline on <br />which the permit condition was based, or has approved a Commission action with respect to [he water <br />quality standard or effluent ]imitation on which the permit condition was based; and <br />(C) The permittce requests modification after the notice of fmal action by which the EPA effluent limitation <br />guidcline, water quality standard, or effluent limitation is revised, withdrawn, or modified; or 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 promulgated <br />regulations or effluent limitation guidelines, if the remand and stay concern thaz portion of the regulations <br />or guidelines on which the permit condition was based and a request is filed by the permittee in accordance <br />with this Regulation, within ninety (90) days of judicial remand. <br />iv. The Division determines that good cause exisu to modify a permit condition because of events over which the <br />permittee has no control and for which there is no reasonable available remedy. , <br />v. The petmittee has received a variance. <br />vi. When required to incorporate applicable toxic effluent limitation or standards adopted pursuant to § 307(a) of <br />the Federal act. <br />vii. When required by the reopener conditions in the permit. <br /> <br />viii. As necessary under 40 CFR 403.8(e), to include a compliance schedule for the development of a pretreatment <br />program. <br />ix. When the level of discharge of any pollutant which is not limited in the permit exceeds the level which can be <br />achieved by the technology-based treatment requirements appropriate to the permittee under Section 6.9.2(1) of <br />the Regulations for the Slate Discharge Permit System. <br />x. To establish a pollutant notification level required in Section 6.9.5 of the Regulations for the State Discharge <br />Permit System. <br />xi. To correct technical mistakes, such as errors in calculation, or mistaken interpretations of law made in <br />determining permit conditions, [o the extent allowed in Section 6.11.0 of the Regulations for the State Discharge <br />Permit Svstem. <br />xii. When required by a permit condition to incorporate a land application plan for beneficial reuse of sewage <br />sludge, to revise an existing land applitation plan, or to add a land application plan. <br />xiii. For any other cause provided in Section 6.11.0 of the Regulations for the State Discharge Permit System. <br />c. At the request of a permittee, the Division may modify or terminate a permit and issue a new permit if the following <br />conditions are met: <br />i. The Regional Administrator has been notified of the proposed modification or termination and does not object in <br />writing 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. <br />iii. Requirements of Section 6.16.0 of the Regulations for the State Discharge Permit System have been met, and <br />iv. Requiremenu of public notice have been met. <br />