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Page 20 Permit No. CO-0038024 B. RESPONSIBILITIES $, Modification, Cnc en ncinn, RevncatinnTr Termination of Perm'ic Ry~tp T)ivicin The filing of a request by the petmittee for a permit modification, revocation, and reissuance/[emanation or a notification of planned changes or anticipated noncompliance, does not stay any permit condition. a. A permit may be modified, suspended, or terminated in whole or in part during its term for reasons detertraned by the Division including, but not limited to, the following: i. Violation of any terms or conditions of the permit ii. Obtaining a permit by misrepresentation or failing to disclose any fact which is material to the granting or denial of a permit or to the establishment of terms or conditions of the permig or iii. Materially false or inaccurate statements or information in the pemat application or the pemat. iv. A detemanation that the permitted activity endangers human health or the classified or existing uses of state waters and can only be zegulated to acceptable levels by permit modifications or termination. b. A pemrit may be modified in whale 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 are material and substantial alterations or additions to the permitted facility or activity which occuned after permit issuance wltich justify the application of permit conditions that are different or absent in the existng pemvt. ii. The Division has received new information which was not available at dre tithe of permit issuance (other than revised regulations, guidance, or test methods) and which would ]Cave justified the application of different pemat conditions at the time of issuance. For permits issued to new sources or new dischazgers, this cause i¢cludes information derived • from effluent testing required under Section 61.4(7)(e) of the Colorado Dischazge Pemtit System Regulations. This provrsion allows a modificatio¢ of the pemrit to include conditions drat aze less st[ingeni than the existing permit otily to the extent allowed under Section 6 L 10 of the Colorado Discharge Permit System Regulations. iii. The standards or regulations on which the permit was based have been changed by promulgation of amended standards or regulations or by judicial decision after the permit was issued. Permits may be modified during thew terms for this cause only as follows: (A) The permit condition requested to be modifed was based on a promulgated effluent limitation guideline, EPA - approved water quality standard, or an effluent limitation set Forth in 5 CCR 1002-62, ' 62 et seq.; and (B) EPA has revised, withdrawn, or mod~ed that portion of the regulation or effluent limitation guideline on which [he permit condition was based, or bas approved a Commission action with respect to the water quality s[andazd or e137uent limitation on wbicb the permit condition was based; and (C) The permittee requests modification after the notice of final action by which dre EPA effluent limitation guideline, water quality s[a¢dard, or effluent ]imitation is revised, withdrawn, or modified; or (D) For judicial decisions, a court of competent jurisdiction has remanded and stayed EPA promulgated regulations or effluent limitation guidelines, if the remand and stay concern that portion of the regulations or guidelines on which the permit condition was based and a request is filed by the pemtittee in accordance with this Regulation, within ninety (90) days ofjudicial remand. iv. The Division determines that good cause exists [o modify a permit condition because of events over which the petmittee bas no conhol and for which there is no reasonable available remedy. v. The permittee has received a variance. vi. When required to incorporate applicable toxic effluent limitation or standards adopted pursuant ro' 307(a) of the Federal act. vii. When required by the reepener conditions in the permit. 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 ]ever of discharge of any pollutant, which is not limited in the pemat exceeds the level, which can be achieved by the technology-based treatment requirements appropnate to the pemtittee under Section 61.8(2) of the Colorado Discharge Permit System Regulations.