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Pair it Pew ~ ~ Permit No. COG-500000 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 permit 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 thepermitted acivity 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, may be modified in whole or in par[ due to a change in any condition that requires either a temporary or permanent reduction or elimination of the permitted discharge, such as: I) There are material and substantial alterations or additions to the permitted facility or activity which occurred after permit issuance whichjustify the application of permit conditions that are different or absent in the existing permit; 2) 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. For permits issued to new sources or new dischargers, this cause includes information derived from effluent testing required under Section 61.4 (7) of[he Regulations for the State Discharge Permit System. This provision allows a modification ofthe permit to include conditions that are less stringent than the existing permit only to the extent allowed under Section 61. ] 0 of the Regulations for the State Discharge Permit System; 31 The standards or regulations on which the permit was based have been changed by promulgation of amended standards or regulations 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 waterqualiry standard, or an effluent limitation sot forth in 5 CCR 1002-62, Regulation 62 et seq.; and (b) EPA has revised, withdrawn, or modified that portion of the regulation or effluent limitation guideline on which the permit condition was based, or has approved a Commission action with respect to the water quality standard or effluent limitation on which the permit condition was based; and (c) The permittee requests modification after the notice of final action 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 ofthe regulations or guidelines on which the permit condition was based and a request is filed bythe permittee in accordance with this Regulation, within Winery (90) days of judicial remand. 4) The Division determines that good cause exists to modify a permit condition because of events over which the permittee has no control and for which there is no reasonable available remedy; 5) The permittee has received a variance; 6) When required to incorporate applicable toxic effluent limitation or standazds adopted pursuant to' 307(a) of the Federal act; 7) When required by the reopener conditions in the pemtt 8) As necessary under 40 C.F.R. 403.8(e), to include a compliance schedule for the development of a pretreatment program,