2007-08-17_PERMIT FILE - C1981035A (17)

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PART' II Page No..17 Permit No_ COG-850000 ~B. RESPONSIBILITIES Transfer of Ownership or Control (continued}-- iii. The Division does not notify the existing permittee and the proposed new pemuttee of its intent to modify, or revoke and reissue the permit. iv. Fee requirements of the Regulations for the State Discharge Permit System, Section 61.15 have been met. 4. Availability of Reports Except for data detemuned to be confidential under Section 308 of the Federal Clean Water Act and Colorado Discharge Pernut System Regulations 5 CCR 1002-61, Section 61.5.(4), all reports prepared in accordance with the temps of this pernvt 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 pernuttee(s), permit applications, permits and effluent data shall not be considered confidential. Knowingly making false statement on any such report may result in the imposition of criminal penalties as provided for in Section 309 of the Federal Clean Water Act, and Section 25-8-610 C.R.S: 5. Modification, Suspension, Revocation, or Termination of Permits By the Division The filing of a request by the pemvttee 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 pemrit 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 tem~ls 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 tenors or conditions of the permit; or iii. Materially false or inaccurate statements or infornation in the permit 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 levels by permit modifications or termination. ,. :. - - b. A permit may be modified in whole or in part for the following causes, >f such modification complies v~nth the provisions of Section 61.10 of the Colorado Discharge Pemut System Regulations: - ~ - i. There are material and substantial alterations or additions to the permitted facility or activity which occurred after permit issuance which justify the application of permit conditions that aze different orabsent in the existing pe>-mit. ii. The Division has received new information which was not' available at the time of permit. issuance (other than revised >;egulations, 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 dischargers, this cause includes information derived from effluent testing required under Section 61.4(7xe) of the Colorado Discharge Pemut System Regulations. This provision allows a modification of the permit to include conditions that aze less stringent than the existing permit only to the extent allowed under Section 61.10 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 standazds or regulations or by judicial decision after the permit was issued. Pemuts may be modified during their terms for this cause only as follows: (A) The pemvt condition requested to be modified 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 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 permit condition was based; and (C) The pemuttee requests modification after the notice of final 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 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 permittee in accordance with this Regulation, within ninety (90) days of judicial remand.