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B. PART II Page No. 22 Permit No. CO-0044776 3. Transfer of Ownership or Control ii, The notice includes a written agreement between the existing and new peratittee(s) containing a specific date for transfer of permit responsibility, coverage and liability between them; and iii. The Division does not notify the existing permittee and the proposed new permittee of its intent [o modify, or revoke and reissue the permit. iv. Fee requirements of the Colorado Discharge Permit System Regulations, Section 61.15 have been met. 4. Availability of Reports Except for data determined to be confidential under Section 308 of the Federal Clean Water Act and Colorado Dischazge Permit System Regulations 5 CCR 1002-61, 61.5(4), all reports prepared in accordance with the terms of this permit shall be available for public inspection at the offices of the Division and the Environmental Protection Agency. The name and address of the permit applicant(s) and permittee(s), permit applications, permits and effluent data shall not be considered confidential. Knowingly making false statement on any such report may result in the imposition of criminal penalties as provided for in Section 309 of the Federal Clean Water Act, and Section 25-8-610 CRS 5. Modification. Suspension, Revocation. or Termination of Permits Bythe Division The filing of a request by the permittee 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 permit may be modified, suspended, or terminated 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 permit; 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 of existing uses of state waters and can only be regulated [o acceptable levels by permit modifications or termination. b. A permit may be modified in whole or in pan foi the following causes, provided that such modification complies with the provisions of Section 61.10 of the Colorado Dischazge Permit System Regulations: i. There aze material and substantial alterations or additions to the permitted facility or activity which occurred after permit issuance which justify the application of permit conditions that aze different or absent in the existing permit. 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 permit conditions at the time of issuance. Fot permits issued to new sources of new dischazgers, this cause includes information derived from effluent testing required under Section 6I.4(7}(e} of the Colorado Discharge 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 Perm System Regulations. iii. The standards or regulations on which the permit was based have been changed by promulgation of amended standazds or regulations or by judicial decision after the permit was issued. Permits may be modified during the' terms for this cause only as follows: