PERMFILE126208 - Laserfiche WebLink

Home Browse Search

PART II Page No. 22 Permit No.: CO-0038776 5. Modification, Suspension, Revocation, or Termination of Permits By [he Division (continued) b. A permit may be modified in whole or in part for the following causes, provided that such modification complies with the provisions of Section 61.10 of the Colorado Dischazge Permit System Regulations: i) There aze material and substantial alterations or additions to the permitted facility or activity which occurred after permit issuance whichjustify the application ofpemvt conditions that aze different or absent in the existing permit. ii) 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 yelmlt conditions at the time of issuance. For perrnits issue to new sources or new dtschazgers, this cause includes information derived from effluent testingg required under Section 61.4(7)(e) of the Colorado Dischazge Permit System Regulations. This provision allows a modification of the pemut to includde conditions that aze leas stringent than the existing permit only to the extent allowed under Section 61.10 of the Colorado Discharge Permit System Regulations. iii) The standazds or regulations on which the permit was based have been changed by promulgation of amended standazds or re~ttlations or by judicial decision after the permit was issued. Pemmts may be modified during thew 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water quality standazd, or an effluent limitation set forth in 5 CCR 1002-62, § 62 et seq.; and (B) EPA has revised, withdrawn, or modified that portion of the regulation or effluent limitation guideline on which the permit condition was based, or has approved a Commission action with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 pemrit condition was based; and (C) The permittee requests modification- after the notice of fatal action by which the EPA effluent limitation guideline, water quality standard, or effluent limitation is revised, withdrawn, or modified; or (D) For judicial decisions, a court of competent jurisdiction has remanded and stayed EPA promulggated regulations or effluent limitafion guidelines, if the remand and stay concern that portion of the regulations or gmdelines on which the permit condition was based and a request is filed by the pemaittee in accordance with this Regulation, within ninety (90) days ofludicialremand. iv) The Division determines that good cause exists to modify a pemu[ condition because of events over which the pertrtittee 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 tonic effluent limitation or standazds adopted pursuant to § 307(a) of the Federal act vii) When required by the reopener conditions in the peratit. viii)As necessary under 40 C.F.R. 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 permit exceeds the level which can be achieved by the technology-based treatment requirements appropriate to the perrttittee 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 Pemtit System Regulations. xi) To correct technical mistakes, such as errors in calculation, or mistaken interpretations of law made in determining permit conditions, to Ure extent allowed in Section 61.10 of the Colorado State Dischazge Pemut System Regulations. xii) When required by a peratit condition to incorporate a land application plan for beneficial reuse of sewage sludge, to revise an existing land application plan, or to add a land application plan. xiii) For any other cause provided in Section 61.10 of the Colorado Discharge Permit System Regulations. c. At the request of a permittee, the Division may modify or terminate a petmit and issue a new permit if the following conditions aze met: i) The Regronal Administrator has been notified of the proposed modification or tetmination and does not object in writing within thirty (30) days of receipt of notification, ii) The Division fords that the permittee 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 Dischazge Permit System Regulations have been met, and iv) Requirements of public notice have been met. d. Perttut modification (except for minor modifications), termnaton or revocation and reissuance actions shall be subject to the requirements of Sections 61.5(2), 61.5(3), 61.6, 61. ] and 61.15 of the Colorado Dischazge Permit System Regulations. The Division shall act oa a permit modification request, other than minor modification requests, within 180 days of receipt thereof. Except for minor modit"ications, the terms of the existing pemut govern and aze enforceable until the newly vssued permit is formally modified or revoked and reissued following public notice. Revised 4/198004