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Pr~RT II <br />Page No. 42 <br />Petmit No.: CO-00027 <br />i <br />existing permit only to [he extent allowed under Section 61.10 of the Coll Irado Discharge Permit System <br />Regulations. <br />iii) The standards or regulations on which the permit was based have been changed by prornul gation of amended <br />standards or regulations or by judicial decision after the permit was issueid_ Permits may be modified during their <br />terms for this cause only as follows: <br />(A) The permit condition requested to be modified was based on a pront~ilgated effluent limitation guideline, EPA <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(B) EPA has revised, withdrawn, or modified that portion of the regulation or effluent limitation guideline on which <br />the permit condition was based, or has approved a Commission action with respect to the water quality standard <br />or affluent limitation on which die pemtit condition was based; and <br />(C) The pemmittee requests modification after the notice of final action by which the EPA effluent limitation <br />guideline, water quality standard, or efthent limitation is revised, withdrawn, or modified; or <br />(D) For judicial decisions, a court of competent jurisdiction has remanded and stayed EPA promulgated regulations <br />or effluent limitation guidelines; if the remand and stay concern [hat portion of the regulations or guidelines on <br />which the permit condition was based and a request is filed by the permittee in accordance with this Regulation, <br />within ninety (90) days of judicial remand- <br />d. <br />iv) The Division determines that good cause exists to modify a permit condition because of events over which the <br />pemmittee 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 or standards adopted pursuant to § 307(a) of the <br />Federal act. • <br />vii) When required by the reopener conditions in the permit. <br />viii)As necessary under 40 CFR 403.3(e), to include a compliance schedule for the development of a pretreatment <br />program. <br />ix) When the level of discharge of any pollutant which is not limited in the permit exceeds the level which can be <br />achieved by the technology-based treatment requirements appropriate to the permittee under Section 61.8(2) of the <br />Colorado Discharge Permit System Regulations. <br />x) To establish a pollutant notification level required in Section 61.8(5) of the'Co]orado Discharge Permit System <br />Regulations. <br />xi) To correct technical mistakes, such as errors in calculation, or mistaken interpretations oflaw made in detemtining <br />pemtit conditions, to the extent allowed in Section 61.10 of the Colorado State Discharee Permit System <br />Regulations. ~~ <br />xii) When required by a permit condition to incorporate a land application plan for beneficial reuse of sewage sludge, to <br />revise an existing land application plan, or to add a land application plan. , <br />xiii) For any other cause provided in Section 61.10 of the Colorado Discharge Permit System Regulations. <br />c. A[ the request of a permittee, the Division may modify or terminate a pemtit and issue a new permit if the following <br />conditions are met <br />i) The Reeional Administrator has been notified of the proposed modification or termination and does not object in <br />wri[ins within thirty (30) days of receipt of notification, ~ , <br />ii) The Division Ends that the permittee has shown reasonable grounds consistent with the Federal and State statutes <br />and regulations for such modifications or termination; <br />iii) Requirements of Section 61.1> of the Colorado Discharee Permit System F:egulations have been met, and • <br />iv) Requirements of public notice have been ntet. <br />Permit modification (except for minor modifications), termination or revocation and rcissuance actions shall be subject to <br />Ute requirements of Sections 61.5(2), 6 LS(3 ), 61.6. 61.7 and 61. I S of the Colorado Discharge Permit System <br />Regulations. The Division shall act on a permit modification request, other than minor modtfication requests..vithin 140 <br />days of receipt thereof Except for minor modifications. the terns of the existing pemtit govern and are enforceable until , <br />the newh~ issued pemtit is formally modified or revoked and reissued followingpublic notice. <br />