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PART I I Perini[ No. $. RESPONSIBILITIES • 3. Transfer of Ownership or Control (continued) iii. The Division does not notify the existing pemittee and the pioposed newpermittee of its intent to modify, orrevoke andreissue the permit. iv. Fee requirements of the Regulations for the State Dischazge Permit System, Section 61.15 have been met. 4. Availabiliri of Reports Except for data determined to be confidential under Section 308 of the Federal Clean Water Act and Colorado Discharge Permit System Regulations 5 CCR 1002-61, Section 61.5.(4), all reports prepazed in accordance with the terms of this permit shall be available for public inspection at the offices of the Division and the Environmental Protection Agency. The name and address of the permit applicant(s) and permittee(s), permit applications; permits and effluent data shall not be considered confidential. Knowingly making false statement on any such:eport may result in the imposition of criminal penalties as providedfor in Section 309 of the Federal Clean Water Act, and Section 25-8-610 C.R.S. 5. Modification. Suspension. Revocation, or Termination of Pemrits By the Division The filing of a request by the permittee for a permit modification, revocation, and reissuance/termination or a notification of planned changes or anticipated noncompliance, does not stay any permit condition. a. A pemtit may be modified, suspended, or terminated in whole or in part during its term for reasons determined 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 orfailing 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 permit; or iii. Materially false or inaccurate statements or information in the pemtit application or the permit •' iv. A determination that the permitted activity endangers human health or the classified or existing uses of state waters and can only be regulated to acceptable leyels by permit modifications or termination. b. A permit may be modified in whole or in part for the following causes, if such modification complies with the provisions of Section 61.10 of the Colorado Dischazge Pemtit System Regulations: i. There aze material and substantial alterations or additions to the pemtitted facility or activity which occurred after permit issuance which justify the application of pemtit conditions that are 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 permit conditions at the time of issuance. For permits issued to new sources or new dischazgers, this cause includes information derived from effiuent testing required under Section 61.4('n(e) of the Colorado Dischazge Permit System Regulations. This provision allows a modification of the permit to include conditions that aze less stringent than the existing pemtit only to the extent allowed under Section 61.1 G of the Colorado Dischazge Permit System Regulations. iii. The standazds or regulations on which the pemtit was based have been changed by promulgation of amended standazds or regulations or by judicial decision after the permit was issued. Permits may be modified during their terms for this cause only a< follows: (A) The permit condition requested to be modified was based on a promulgated effiuent 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 effiuent limitation guideline on which the permi- condition was based, or has approved a Commission action with respect to the water quality standazd or effiuent limitation on which the pemtit condition was based; and (C) The pemtittee requests modification after the notice of final action by which the EPA effluent limitation guideline, wale: • ~ quality standazd, or eff,nent limitation is revised, withdrawn, or modified; or (D) For judicial decisions, a courtofcompetent jurisdiction has remanded and stayed EPA promulgatedregulations or effiuem limitation guidelines, if the remand and stay coacem that portion of the regulations or guidelines oa which the permi[ condition was based and a request is filed by the permittee in accordance with this Regulation, within ninety (90) days of judicial remand.