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HYDRO26980
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Entry Properties
Last modified
8/24/2016 8:46:24 PM
Creation date
11/20/2007 7:23:56 PM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
C1980001
IBM Index Class Name
Hydrology
Doc Date
12/6/2002
Doc Name
Modification to the CDPS Permit No. CO-0032638
From
The Pittsburg & Midway Coal Mining Co
To
DMG
Permit Index Doc Type
NPDES
Media Type
D
Archive
No
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:,.;: <br />B. RESPONSIBILITIES <br />PART II <br />Page No. 27 <br />Permit No.: CO-0032638 <br />(B) EPA has revised, withdrawn, or modified that portion of the regulation or effluent limitation guideline on which <br />the permit condition was based, or has approved a Commission action with respect to the water quality standazd <br />or effluent limitation on which the permit condition was based; and <br />(C) The pertnittee requests modification after the notice of final action by which the EPA effluent limitation <br />guideline, water quality standazd, or effluent limitation is revised, withdrawn, or modified; or 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 regulations <br />or effluent limitation guidelines, if the remand and stay concern that portion of the regulations or guidelines on <br />which the permit condition was based and a request is filed by the permittee in accordance with this Regulation, <br />within ninety (90) days of judicial remand. <br />iv) TTte Division determines that good cause exists to modify a pemnit condition because of events over which the <br />permittee has no control and for which there is no reasonable available remedy. <br />v) The peimittee has received a vaziance. <br />vi) When required to incorporate applicable toxic effluent limitation or standazds adopted pursuant to § 307(a) of the <br />Federal act. <br />vii) When required by the reopener conditions in the permit. <br />vifi)As necessary under 40 C.F.R. 403.8(e), Yo 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 pemrit exceeds the level which can be <br />achieved by the technology-based treatment requirements appropriate to the perrtittee under Section 61.8(2) of the <br />Colorado Dischazge Pemnt System Regulations. <br />x) To establish a pollutant notificafion level required in Secfion 61,8(5) of the Colorado Dischazge Pemnt System <br />Regulations. <br />xi) To correct technical mistakes, such as errors in calculation, or mistaken interpretations of law made in detemtining <br />permit conditions, to the extent allowed in Section 61.10 of the Colorado State Dischazge Permit System <br />Regulations. <br />xii) When required by a permit condition to incorporate a land application plan for beneficial reuse of sewage sludge, to <br />revise an existing land application plan, or to add a land application plan. <br />xiii) For any other cause provided in Section 61.10 of the Colorado Discharge Petmit System Regulations. <br />c. At the request of a pemtittee, the Division may modify or temunate a pemtit and issue a new permit if the following <br />' conditions aze met: <br />i) T'he 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) T$e Division fords that the permittee has shown reasonable grounds consistent with the Federal and State statutes <br />and regulations for such modifications or termination; <br />iii) Requirements of Section 61.15 of the Colorado Dischazge Permit System Regulations have been met, and <br />iv) Requirements of public notice have been met. <br />d. Permit modification (except for minor modifications), termination or revocation and reissuance actions shall be subject to <br />the requirements of Sections 61.5(2), 61.5(3), 61.6, 61.7 and 61.15 of the Colorado Dischazge Permit System <br />Regulations. Tire Division shall act on a permit modification request, other than minor modification requests, within 180 <br />days of receipt thereof Except for minor modificafions, the terms of the existing permit govern and are enforceable until <br />the newly issued permit is fomtally modified or revoked and reissued following public notice. <br />e. Upon consent by the perntittee; the Division may make minor pemut modifications without following the requirements of <br />Sections 61.5(2), 61.5(3), 61.7, and 61.15 of the Colorado Dischazge Permit System Regulations. Minor modifications to <br />perntits are ]united to: <br />i) Correcting typographical ettors; or <br />ii) Increasing the frequency of monitoring or reporting by the permittee; or <br />iii) Changing an interim date in a schedule of compliance, provided the new date of compliance is not more than 120 <br />days after the date specific in the existing pemrit and does not interfere with attainment of the final compliance date <br />requirement; or <br />iv) Allowing for a transfer in ownership or operational control of a facility where the Division determines that no other <br />change in the permit is necessary, provided that a written agreement containing a specific date for transfer of permit <br />responsibility, coverage and liability between the current and new pemuttees has been submitted to the Division; or <br />v) Changing the constmction schedule for a discharger which is a new source, but no such change shall affect a <br />dischazger's obligation to have all pollution conttol equipment insta]led and in operation prior to discharge; or <br />vi) Deleting a point source ouffall when the dischazge from that ouffall is terminated and does not result in discharge of <br />pollutants from other outfalls except in accordance with permit limits. <br />f. When a permit is modified, only the conditions subject to modification are reopened. If a permit is revoked and reissued, <br />the entire permit is reopened and subject to revision and the permit is reissued for a new term <br />g. T'he filing of a request by the pemnttee for a permit modification, revocation and reissuance or termination does not stay <br />any permit condition. <br />
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