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PART II Page No. 29 Permit No.: CO-0000132 iij 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 pemrits issued to new sources or new dischazgers, this cause includes information derived from effluent testing required under Section 61.4(7)(e) of the Colorado Discharge Pemrit 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 Discharge Permit System Regulations. iii) The standards or regulations on which the pemilt was based have been changed by promulgation of amended standards or regulations oz by judicial decision after the permit was issued. Permits maybe 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 water quality standazd, or an effluent limitation set forth in 5 CCR 1002-62, § 62 et seq.; and (B) EPA has revised, withdrawn, or modified that portion of the regulation or effluent limitation guideline on which the permit condition was based, or has approved a Commission action with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final action by which the EPA effluent limitation guideline, water quality standard, or effluent limitation is revised, withdrawn, or modified; or (D) For judicial decisions, a court of competent jurisdiction has remanded and stayed EPA promulgated regulations or efluent limitation guidelines, if the remand and stay concern that portion of the regulations or guidelines on which the perarit condition was based and a request is filed by the pemmittee 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 permittee has no control and for which there is nc reasonable available remedy. v) 17re pernrittee has received a variance. vi) When required to incorporate applicable toxic effluent limitation or standazds adopted pursuant to § 307(a) of the Federal act. vii) When required by the reopener conditions in the perarit. viii)As necessary under 40 CFR 403.8(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 pernrit exceeds the level which can be achieved by the technology-based treatment requirements appropriate to the permittee under Section 61.8(2) of the Colorado Dischazge Permit System Regulations. x) To establish a pollutant notification level required in Section 61.8(5) of the Colorado Discharge 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 Dischazge Pemmit System Regulations. xii) When required by a permit condition to incorporate a land application plan for beneficial reuse of sewage sludge, to revise an existing ]and application plan, or to add a land application plan. xiii) For any other cause provided in Section 61.10 of the Colorado Dischazge Permit System Regulations. o. At the request of a permittee, the Division may modify or terminate a permit and issue a new permit if the following conditions aze met: i) The Regional Administrator has been notified of the proposed modification or temrina6on and does not object in writing within thirty (30) days of receipt of notification, ii) The Division fmds that the pernrittee has shown reasonable grounds 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 me[, and Revised 03/22/04