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Part Il <br />Page No. 23 <br />Permit No.: CO-0045225 <br />(2) Obtaining a permit by misrepresentation or failing to disclose any fact which is material to the <br />granting or denial o(a permit or to the establishment of terms or conditions of the permit; or <br />(3) Materially false or inaccurate statements or information in the permit application or the permit. <br />(4) A determination that the permitted activity endangers human health or the classified or existing uses of <br />state waters and can only be regulated to acceptable levels by permit modifications or termination. <br />b. A permit may be modified in whole or in part for the following causes, provided that such modification complies <br />with the provisions of Section 6.11.0 of the Regulations for the State Discharge Permit System: <br />(l) There aze material and substantial alterations or additions to the permitted facility or activity which <br />occurred after permit issuance which justify the application of permit conditions that are different or <br />absent in the existing permit. <br />(2) The Division has received new information which was not available at the time of permit issttance <br />(other than revised regulations, guidance, or test methods) and which would have justified the <br />application of different permit conditions at the time of issuance. For permits issued to new sources <br />or new dischazgers, this cause includes information derived from effluent testing required under <br />Section 6.5.7(5) of the Regulations for the State Discharge Permit System. This provision allows a <br />modification of the permit to include conditions that are less stringent than the existing permit only to <br />the extent allowed under Section 6.1 I.0 of the Regulations for the State Discharge Permit System. <br />(3) The standards or regulations on which the permit was based have been changed by promulgation of <br />amended standards or regulations or by judicial decision after the permit was issued. Permits may be <br />modified during their terms for this cause only as follows: <br />(a) The permit condition requested to be modified was based on a promulgated effluent limitation <br />guideline, EPA approved water quality standard, or an effluent limitation set forth in 5 CCR <br />1002-3, § 10.1.0 et seq.; and <br />(b) EPA has revised, withdrawn, or modified that portion of the regulation or effluent limitation <br />guideline on which the permit condition was based, or has approved a Commission action with <br />respect to the water quality standard or effluent limitation on which the permit condition was <br />based; and <br />(c) The permittee requesu modification afrer the notice of final action by which the EPA effluent <br />limitation guideline, water quality standard, or effluent limitation is revised, withdrawn, or <br />modified; or <br />(d) For judicial decisions, a court of competent jurisdiction has remanded and stayed EPA <br />promulgated regulations or effluent limitation guidelines, if the remand and stay concern that <br />portion of the regulations or guidelines on which the permit condition was based and a request is <br />filed by the permittee in accordance with this Regulation, within ninety (90) days of judicial <br />remand. <br />(4) The Division determines that goad cattle exists to modify a permit condition because of events over <br />which the pertnittee has no control and for which there is no reasonable available remedy. <br />(5) The permittee has received a vaziance. <br />(6) When required to incorporate applicable toxic effluent limitation or standards adopted pursuant to § <br />307(a) of the Federal ac[. <br />(7) When required by the reopener conditions in the permit. <br />