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i. Violation of any terms or conditions of the permit; <br />ii. Obtaining a pemtit by misrepresentation or failing to disclose any fact which is material to the granting or de <br />permit or to the establishment of terms or conditions of the permit; or <br />. iii. Materially false or inaccurate stateme¢ts or information in the permit applicaton or the perrrtie <br />iv. A determination that the permitted activity endangers human health or the classified or existing uses of state water: <br />can on)y be regulated to acceptable levels by permit modificatiotu or termination. <br />b. A permit mtay be modified in whole or in part for the following causes, prodded that such modification complies wit <br />provisions of Section 61.10 of the Calorado Discharge Permit System Regulations: <br />i. There are material and substantial atlerations or additions to the permitted facility or activity which occurred after p <br />issuance which justify the application of pemrit conditions that are differed or absent in the existing permit. <br />ii. The Division has received new infomration which was not available at -fie time of permit issuance (other than re <br />regulations, guidance, or test methods) and which would have justified the application of difFeremt pemrit condi«ons <br />time of issuance. For permits issued to new sources or new dischargers this cause includes information derived <br />effluent testing required under Section b1.4(7)(e) of the Colorado Discharge Permit System Regulations. This prop <br />allows a modification of the permit to include conditions that are less strcgent than the existin_e permit only to the r <br />allowed under Section 61.10 of the Colorado Discharge Permit System Re=ulatioas. <br />iii. The standards or regulations on which the permit was based have been cl=nged by promuloaticn of amended standa <br />regulations or by judicial decision after the permit was issued. Permits tray be r•.odified during their terms for this <br />only as follows: <br />(A) The permit condition requested to be modified was based on a cromutgated effluent limitation guideline, <br />approved water quality standard, or an effluent limitation set forth in ~ CCR 1002-62, ' 62 et seq.; and <br />(B) EPA has revised, withdrawn, or modified that portion of the regula¢on or effluent limitation guideline on whi <br />permit condition was based, or has approved a Commission action with respect to the water quality stn-' <br />effluent limitation on which the permit condition was based; and <br />• (C) The permittee requests modification aRer [he notice of final action by which the EPA etTiluent limitation gui~ <br />water quality standard, or effluent ]imitation is revised, withdrawn, o: modified; or <br />(D) For judicial decisions, a cow-t of competent jurisdiction has remanced and stayed EPA promulgated regula« <br />effluent limita«on guidelines, if the remand and stay concern that portion of use regulatiocs or guidelines on wh <br />permit condition was based and a request is filed by the pernvttee n accordance with i~ Regulation, within <br />(90) days ofjudicial remand. <br />iv. The Division determines that goad cause exists to modify a permit con'~tion because of evecs over which the pe <br />has no control and For which there is no reasonable available remedy. <br />v. The permittee has received a variance. <br />vi. When required to incorporate applicable toxic effluent limitation ar star_:ards adopted pursuant to' 307(a) of the ] <br />act. <br />vii. When required by the teopener conditions in the permit. <br />viii. As necessary under 40 C.F.R. 403.8(e}, to include a compliance schedule for the development of a pretreatment prc <br />ix. When the level of discharge of any pollutant, which is not limited in the permit, exceeds [he level, which can be a~ <br />by the technology-based treatment requirements appropriate to the pz.-mittee under Section 61.8(2) of the C <br />Discharge Permit System Regulations. <br />x. To establish a pollutant noti5cation level required in Section 61.8;5) of the Colorado Discharge Permit <br />Regulations. <br />LI <br />