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PART II Page No. 22 Perini[ No.: CO-0038776 5. Modification, Suspension, Revocation, or Temrination of Permits By the Division (continued) b. A permit may be modified in whole or in art for the following causes, provided that such modification complies with the provisions of Section 61.10 of the Colorado Discharge Permit System Regulations: i) There aze material and substantial alterations or additions to the pemritted facility or activity which occurred after pemilt issuance which justify the application of permit conditions that aze different or absent m the existing permit. ii) The Division has received new information which was not available a[ the time of peraut issuance (other than revised regulations, guidance, or test methods) and which would have justified the application of different pemnt conditions at the time of issuance. For permits issued to new sources or new dischazgers, this cause includes information derived from effluent testingg required under Section 61.4(7)(e) of the Colorado Discharge Perrnit System Regulations. This provision allows a modification of the pemmt to includde conditions that are less stripgent than the existing permit only to a 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~ula[ions or by judicial decision after the permit was issued. Permits may be 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water quality standard, or an effluent limitation set forth in 5 CCR 1002-62, § 62 et seq.; and (B) EPA has revised, withdrawn, or modified that portion of the regulation or effluent limitation gguideline on which the ermifcondition was based, or has approved a Commission action with respect to the water quality standazd or effluent limitation on which the pemtit condition was based; and (C) The pemuttee requests modification- after the notice of final acfion by which the EPA effluent limitation guideline, water quality standard, or effluent limitation is revised, withdrawn, or modified; or (D) For judicial decisions, a court of competent jurisdiction has remanded and stayed EPA promulgated regulations or effluent limitation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 re¢tilations or guidelines on which the perrint condition was based and a request is filed by the pemuttee in accordance wi this Regulation, within ninety (90) days ofludicial remand. iv) The Division determines that good cause exists to modify a peroiit condition because of events over which the permittee 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 § 3O7(a) of the Federal act. vii) When required by the reopener conditions in the permit. viii)As necessary under 40 C.F.R. 4O3.8(e), to include a compliance schedule for the development of a pretreatment program ix) When the level of discharge of any pollutant which is not limited in the permit exceeds the level which can be achieved by the technology-based treatment requirements appropriate to the perniittee under Section 61.8(2) of the Colorado Dischazge Permit System Regulations. x) To establish a pollutant notification level required in Section 61.8(5) of the Colorado Discharge Pemrit System Regulations. xi) To correct technical mistakes, such as errors in calculation, or mistaken interpretations of law made in determining permit conditions, to the extent allowed in Section 61.10 of the Colorado State Dischazge Pemut System Regulations. xii) When required by a pemut condition to incorporate a land application plan for beneficial reuse of sewage sludge, to revise an existing land application plan, or to add a land application plan. xiii) For any other cause provided in Section 61.10 of the Colorado Dischazge Permit System Regulations. c. At the request of a perrnittee, the Division may modify or temunate a permit and issue a new permit if the following conditions aze met: i) The Regtopal Administrator has been no5fied 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 pemrittee has shown reasonable grounds consistent with the Federal and State statutes and regulations for such modifications or termination; iii) Requirements of Section 61.15 of the Colorado Dischazge Permit System Regulations have been met, and iv) Requirements of public notice have been met. - d. Permit 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. ] and 61.15 of the Colorado Discharge Permit System Regulations. The - Division shall act on a permit modification request, other than minor modification requests, within 180 days of receipt [hereof. Except for minor modifications, the terms of the existing permit govern and aze enforceable until the newly issued permit is formally modified or revoked and reissued following public notice. Revised 0/192004