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• <br />B. RESPONSIBII.TfIE.S <br />PART II <br />Page No. 23 <br />Permit No. CO-0044776 <br />5. Modi[cation Suspension Revocation or Termination o[ Permit R y the Division (continued) <br />(A) The permit condition requested [o be modified was based on a promulga[ed effluent ]imitation guideline, EPA <br />approved water quality standard, or an effluent limitation set forth in 5 CCR 1002-62, et seq.; and <br />(B) EPA has revised, withdrawn, or modified that portion of the regulation or effluent limitation guideline on <br />which the permit condition was based, or has approved a Commission action with respect [o the water quality <br />standard or effluent limitation on which the permit condition was based; and <br />(C) The perttrittee requests modification afrer the notice of final action by which the EPA effluent limitation <br />guideline, water quality standazd, of effluent limitation is revised, withdrawn, or modified; or <br />(D) For judicial decisions, a court of competent jurisdiction haz remanded and stayed EPA promulgated <br />regulations or effluent limitation guidelines, if the remand and stay concern that portion of the regulations or <br />guidelines on which the permit condition was based and a request is filed by the permittee in accordance with <br />this Regulation, within ninety days of judicial remand. <br />iv. The Division determines that good cattle exists to modify a permit condition because of events over whic}t the <br />permittee has.tro control and for which there is no reasonable available remedy. ' <br />v. The permittee has received a variance. <br />vi. When requued to incorporate applicable toxic effluent limitation or standards adopted pursuant to § 307(a} of the <br />Federal act. <br />vii. When required by the reopener conditions in the permit. <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 dschazge of any pollutant which is not limited is the permit exceeds the level which can be <br />achieved by the technology-based treatment requirements appropriate to the perminee carder Section 6I.8(2) of the <br />Colorado Discharge Fermit System Regulations. <br />x. To establish a pollutant notification level regtttred in Section 61.8(5) of the Colorado Dischazge Permit System <br />Regulations. <br />xi. To correct technical mistakes, such as errors in calculation, or mistaken interpretations of law made in <br />determining permit conditions, to the extent allowed in Section 61.10 of the Colorado Dischazge Permit System <br />Regulations. <br />xii. When requ"ued by a permit condition to incorporate a land application plan for beneficial retue of sewage sludge, <br />to revise as 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 Permit System Regulations. <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 aze met: <br />i. The Regional Administrator has been ao[itied of the proposed modification or termination and does no[ objet[ in <br />writing within thirty days of receipt of notifica[ion, <br />ii. The Division fmds that the permittee has shown reasonable grounds coasisteat with the Federal and State <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 />