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PART 1I <br />Page No. 26 <br />Permit No.: CO-0027146 <br />Except for data determined to be cot~denrial under Secton 308 of the Federal Clean Water Act and the Colorado Discharge <br />Permit System Regulations 5 CCR 1002-61, Section 61.5(4), all reports prepared in accordance with the terms of this pemvt <br />shall be available for public inspection at the offices of the Division and the Environmental Protection Agency. <br />The name and address of the permit applicant(s) and pem'rittee(s), permit applications, permits and effluent data shall not be <br />considered confidential. Knowingly making false statement on any such report may result in the imposition of criminal <br />penalties as provided for in Section 309 of the Federal Clean Water Act, and Section 25-8-610 C.R.S. <br />5. Modification, Suspension, Revocation, or Temiination of Permits By the Division <br />The filing of a request by the petmittee for a permit modification, revocation and reissuance, termination or a notification of <br />plammed changes or anticipated noncompliance, does not stay any peanit condition. <br />a. A perarit may be modified, suspended, or terminated in whole or in part during its term for reasons determined by the <br />Division including, but not limited to, the following: <br />i) Violation of any terms or conditions of the pemrit; <br />ii) Obtaining a permit by misrepresentation or failing to disclose any fact which is material to the granting or denial of a <br />perarit or to the establishment of terms or conditions of the permit; or <br />iii) Materially false or inaccurate statements or informafion in the permit application or the permit. <br />iv) A determination that the pemritted activity endangers human health or the classified or existing uses of state waters <br />and can only be regulated to acceptable levels by permit modifications or temunation. <br />b. A pemilt may be modified in whole or in part for the following causes, provided that such modification complies with the <br />provisions of Section 61.10 of the Colorado Dischazge Permit System Regulations: <br />i) There aze material and substantial alterarions or additions to the permitted facility or activity which occurred after <br />permit issuance which justify the application of permit conditions that aze different or absent in the existing permit. <br />ii) The Division has received new information which was not available at the time of permit issuance (other than revised <br />regulations, guidance, or test methods) and which would have justified the application of different permit conditions <br />at the time of issuance. For permits issued to new sources or new dischazgers, this cause includes information <br />derived from effluent testing required under Section 61.4(7)(e) of the Colorado Discharge Petmit System <br />Regulations. This provision allows a modification of the pemrit to include conditions that are less stringent than the <br />existing permit only to the extent allowed under Section 61.10 of the Colorado Dischazge Permit System <br />Regulations. <br />iii) The standards or regulations on which the permit was based have been changed by promulgation of amended <br />standazds or regulations or by judicial decision after the permit was issued. Permits may be modified during their <br />terms for this cause only as follows: <br />(A) The pemrit conditon requested to be modified was based on a promulgated effluent limitation guideline, EPA <br />approved water quality standard, or an effluent limitation set forth in 5 CCR 1002-62, § 62 et seq.; and <br />(B) EPA has revised, withdrawn, or modified that porion 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 standard <br />or effluent limitation on which the permit condition was based; and <br />(C) The pernrittee requests modification after the notice of final action by which the EPA effluent limitation <br />guideline, 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 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 pernrittee in accordance with this Regulation, <br />J within ninety (90) days ofjudicial remand. <br />iv) The Division determines that good cause exists to modify a perrrrit condition because of events over which the <br />permittee has no control and for which there is no reasonable available remedy. <br />INlhxrBP.doc <br />Revised 09/] 5/03 <br />