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Prnnit No. COG-50000 <br />B. RESPONSffiILITIES <br />5. Modification. Suspension. or Revocarion of Permits By the Division (continued) <br />2) Obtaining a permit by misrepresentation or failing to disclose any fact which is material to the granting or denial of z <br />permit or to the establishment of tetars or conditions of the petant; <br />3) Materially false or inaccurate statements or information in the application for the permit; <br />4) A determination that the pemritted activity endangers human health or the classified or existing uses of State Water: <br />and can only be regulated to acceptable levels by perrnit modifications or termination. <br />b. This penni; or certification under 23tis permit, may be modified in whole or in part due to a change in any condition dta~ <br />requires either a temporary or permanent reduction or elimination of the pemtitted dischazge, such as: <br />1) There are material and substantial alterations or additions to the permitted facility or activity which occurred afre: <br />permit issuance which justify the application of permit conditions that are different or absent in the existing pemtit+ <br />2) The Division bas received new information, which was not available at the time of permit issuance (other rba~ I <br />revised regulations, guidance, or test methods), and which would have justified the application of different pemr~ <br />conditions at the time of issuance. For permits issued to new sources or new dischazgers, this cause includr~ <br />information derived from effluent testing required under Section 61.4 (7) of the Regulations for the State Discbazg <br />Permit System This provision allows a modification of the pertnii to include canditions that aze less stringent thz <br />the existing pemtit only to the extent allowed under Section 61.10 ofthe Regulations for the State Dischazge Perm <br />System; <br />3) The standazds or regulations oa which the permit was based have been changed by ptomuigation of amend <br />standazds or regulations or by judicial decision after the permit was issued. Permiu maybe modified during thy, <br />terms for this cause only as follows: <br />(a) The permit condition requested to be modified was based on a promulgated effluent limitation guideln <br />EPA approved water quality standard, oz an e$luen2limitatioa set forth in 5 CCR 1002-62, Regulation 6< <br />seq.; and <br />(b) EPA has revised, withdrawn, or modified that portion of the regulation or effluent limitation guideline <br />which the permit condition was based, or has approved a Commission action withrespect to the water qua <br />standazd or eliluent limitation on wbich the permit condition was based; and <br />(c) The permittee requests modification after the notice of final action by which the EPA effluent limits <br />guideline, water quality standazd, or effluent limitation is revised, withdrawn, or modified; or <br />(d) For judicial decisions, a cotut of competent jurisdiction has remanded and stayed EPA ptorwlg <br />regulations of effluent limitation guidelines, if the remand and stay concern that portion of the regulation <br />guidelines on which the permit condition was based sad a request is filed by the permittee in accordance <br />this Regulation, within ninety (90} days of judicial remand. <br />4) The Dirision determines that good cause exists to modify a permit condition becattse of events over whip <br />pemtittee has no control and for which there is no reasonable available remedy; <br />5) The permittee has received a variance; <br />6) When required to incorporate applicable toxic effluent limitation or standazds adopted pursuant to ' 307(a) <br />Federal aez; <br />7) When required by the reopener conditions in the permit; <br />8) Rs necessary under 40 C.F.R. 403.8(e), to include a cortipliance schedule for the development of a pretre: <br />Pro~~: <br />