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Pcrtnit No. COG-5 B. RESPONSIBILITIES 5. Modification, Suspension. or Revocation of Permits By the Division (continued) 2) Obtaining a permit by misrepresentation or failing to disclose any fact which is material to the granting or denial of a pemtit or to the establishment of terms or conditions of the permit; 3) Materially false or inaccurate statements or information in the application for the permit; 4) A determination that the permitted activity endangers human health or the classified or existing uses of State Waters and can only be regulated to acceptable levels by permit modifications or termination. b. This permit, or certification under this permit, maybe modified in whole or in part due to a change in any condition that requires eiUret a temporary or permanent reduction or elimination of the permitted dischazge, such as: 1) There aze material and substantial alterntioas or additions to the permitted facility or activity which occurred after permit issuance which justify the application ofpermit conditions that aze different or absent in the existing permit; 2) The Division has received new information, which was not available at the rime of pemtit 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. For permits issued to new sources or new dischazgers, this cause includes information derived from effluent testing required under Section 61.4 (7) of the Regulations for the State Dischazge Permit System This provision allows a modificarion 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 Regulations for the State Discharge Petrtri~ , System; I 3) The standards or regulations on which the pemtit was based have been changed by promulgation of amende~•- standazds or regulations or by judicial decision after the permit was issued. Permits maybe modified during thei-' tents for this causc only as follows: (a} The permit condition requested to be modified was based an a promulgated effluent lirtritation guidehnc EPA approved water quality standazd, or an effivent limitation set forth in 5 CCR 1002-62, Regulation 62 e seq.; and (b) EPA has revised, withdrawn, or modified that portion of the regulation or effluent limitation guideline c wMch the permit condition was based, or has approved a Commission action with respect to the water quail standazd or effluent ]imitation on which the permit condition was based; and (c) The permittee requests modification after the notice of final action by which the EPA effiuent guideline, water quality standazd, or effluent limitation is revised, withdrawn, or modified; of (d) For judicial decisions, a court of competent jurisdiction has remanded and stayed EPA prormilgr: regulations or effluent limitation guidelines, if the remand and stay concern that portion of the regulatiotti; guidelines on which the permit condition was based and a request is filedbythe pemtittee in accordance w this Regulation, within ninety (90} days of judicial retttand. 4} The Division deterntines that good cause exists to modify a permit condition because of events over which pertnittee has no control and for which there is no reasonable available remedy; 5) The petmittee has received a variance; 6) When required to incorporate applicable toxic effluent limitation or standazds adopted ptusuant to ~ 307(a) i •` Federal act; 7) When required by the reopener conditions in the permit; 8} As necessary under 40 C.F.R. 403.B(e), to include a compliance schedule for the development of a pretrer`i program;