2005-12-02_PERMIT FILE - C1981019

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PART II Page No. 13 Permit No.: CO-W45161 5. Modification, Suspension, Revocation, or Termination of Permits By the Division (continued) iv) 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. A permit may be modified in whole or in art for the following causes, provided that such modification complies with the provrslons of Section 61.10 of the Colorado Discharge Permit System Regulations: i) There are material and substantial alterations or addifions to the permitted facility or activity which occurred afer permit issuance which justify the application of permit conditions that are drfferent or absent m the exrsting percent. ii) The Division has received new information which was not available at the time of permit issuance (other than revised regulations, guidance, oz test methods and which would have justified the cepplication of different perrntt conditions at the time of rssuance. For ermits issue to new sources or new drschargers, this cause includes information derived from effluent testing requiredpunder Section 61.4(7)(e) of the Colorado Discharge Permit System Regulations. This provision allows a moth rcahon of the pemrit to includde conditions that are less stripgent than the existing permit only to the extent allowed under Section 61.10 of the Colorado Discharge Permit System Regulations. iii) The standards or regulations on which the permit was based have been changed by promulgation of amended standards or re ulations or by judicial decrsion after the permit was issued. Permits may be modified during their terms for this cause only as follows: (A) The pemxit condition requested to be modified was based on a promulgated effluent limitation guideline, EPA approved water quality standard, or an effluent limitation set forth in 5 CCR 1002-62, § 62 et seq.; and (B} EPA has revised, withdrawn, or modified that portion of the regulation or effluent limitation gutdeline on which the permit condition was based, or has approved a Commission action with respect to the water quality standazd or effluent limitation on which [he perrmt condition was based; and (C) The permi[tee 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 promulggated regulations or effluent limitation guidelines, if the remand and stay concern that portion of the regulafions or gurdelines on which the permit condition was based and a request is filed by the permrttee in accordance with this Regulation, within ninety (90) days of judicial remand. iv) The Division determines that good cause exists to modify a permit condition because of events over which the pemvttee has no control and for which there is no reasonable available remedy. v) The permittee has received a variance. vi) When required to incorporate applicable toxic effluent limitation or standards adopted pursuant to § 307(a) of the Federal act. vii) When required by the reopener conditions in the permit. viii)As necessary under 40 C.F.R. 4O3.8(e), to include a compliance schedule for the development of a pretreatment program. ix) When the level of discharge of any pollutant which is not limited in the pemnt exceeds the level which can be achieved by the technology-based treatment requuements appropriate to the permittee under Section 61.8(2} of the Colorado Discharge Permit System Regulations. x) To establish a pollutant notification level required in Section 61.8(5) of the Colorado Dischazge Permit System Regulations. xi) To correct technical mistakes, such as errors in calculation, or mistaken interpretations of law made in determining permit conditions, to the extent allowed in Section 61.10 of the Colorado State Discharge Permit System Regulations. xii) When required by a permit condition to incorporate a land cepplication plan for beneficial reuse of sewage sludge, to revise an existing land application plan, or to add a ]and application plan. xiii) For any other cause provided in Section 61.10 of the Colorado Discharge Pemrit System Regulations. c. At the request of a permittee, the Division may modify or terminate a perrrut and issue a new permit if the following conditions are met: i) The Regional Administrator has been notified of the proposed modification or termination and does not object hr writing within thirty (30) days of receipt of notification, ii) The Division finds that the pemrittee has shown reasonable Bounds consistent with the Federal and State statutes and regulations for such modifications or termination; iii) Requirements of Section 61.15 of the Colorado Discharge Permit System Regulations have been met, and iv) Requirements of public notice have been met. d. Permit modification (except for minor modifications), termination or revocation and reissuance actions shall be subject to the requirements of Sections 61.5(2), 61.5(3), 61.6, 61.7 and 61.15 of the Colorado Discharge Permit System Regulations. Revised }242005