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PART II Page No. 24 Pemilt No.: CO-0032115 5. Modification, Suspension, Revocation, or Termination of Permits By the Division The filing of a request by the pernrittee 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 maybe modified, suspended, or temilnated 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 pemrit; or iii) Materially false or inaccurate statements or information in the permit application or the permit. iv) A determination that the permitted 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 temtination. b. A permit maybe modified in whole or in part for the following causes, provided that such modification complies with the provisions of Section 61.10 of the Colorado Dischazge Pemrit System Regulations: i) There aze material and substantial alterations or additions to the permitted facility or activity which occurred afrer permit issuance which justify the application of permit conditions that are different or absent in the existing pemtit. 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 pemrit conditions at the time of issuance. For permits issued to new sources or new dischar¢ers, this cause includes information derived from effluent testing requued 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 standazds or regulations on which the permit was based have been changed by promulgation of amended standards or regulation's or by judicial decision afrer the pemtit was issued. Permits maybe modified during their terms for this cause only as follows: (A) The permit condition requested to be modified was based on a promulgated effluent limitation guideline, EPA approved water quality standazd, or an effluent limitation set forth in 5 CCR ] 002-62, § 62 et seq.; and (B) EPA has revised, withdrawn, or modified that portion of the regulation or effluent ]imitation 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 pemiittee requests modification after the notice of final action by which the EPA effluent limitation guideline, water quality standard, 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 regulations 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. iv) The Division determines that good cause exists to modify a permit condition because of events over which the pemtittee has no control 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 pernili.