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PART I <br />Page No. 39 <br />Petnut No.: CO-0000213 <br />ii) The Division has received. new information which was not available at the time of permit issuance (other than <br />revised regulations, guidance, or test methods) and which would have justified the application of different permit <br />conditions at the time of issuance. For permits issued to new sources or new dischargers, this cause includes <br />information derived from effluent testing required under Section 61.4(7){e) of the Colorado Discharge Permit <br />System Regulations. This provision allows a modification of the permit to include conditions that are less <br />stringent than the existing permit only to the extent allowed under Section 61.10 of the Colorado Discharge <br />Permit System Regulations. <br />iii) The standards or regulations on which the permit was based have been changed by promulgation of amended <br />standards or regulations or by judicial decision after the permit was issued. Permits may be modified during <br />their terms for this cause only as follows: <br />(A) The permit condition requested to be modified was based on a promulgated effluent limitation guideline, <br />EPA approved water quality standard, or an effluent limitation set forth in 5 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(B) EPA has revised, withdrawn, or modified that portion of the regulation or effluent limitation guideline on <br />which the permit condition was based, or has approved a Commission action with respect to the water <br />quality standard or effluent limitation on which the permit condition was based; and <br />(C) The permittee requests modification after the notice of final action by which the EPA effluent limitation <br />guideline, water quality standard, or effluent limitation is revised, withdrawn, or modified; or <br />(D) For judicial decisions, a court of competent jurisdiction has remanded and stayed EPA promulgated <br />regulations or effluent limitation guidelines, if the remand and stay concern that portion of the regulations or <br />guidelines on which the permit condition was based and a request is filed by the permittee in accordance with <br />this Regulation, within ninety (90) days of judicial remand. <br />iv) The Division determines that good cause exists to modify a permit condition because of events over which the <br />permittee 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 C.F.R. 403.8(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 <br />the Colorado Discharge Permit System Regulations. <br />x) To establish a pollutant notification level required in Section 61.8(5) of the Colorado Discharge Permit System <br />Regulations. <br />xi) To correct technical mistakes, such as errors in calculation, or mistaken interpretations of law made in <br />determining permit conditions, to the extent allowed in Section 61.10 of the Colorado State Discharge Permit <br />System Regulations. <br />xii) When required by a permit condition to incorporate a land application plan for beneficial reuse of sewage sludge, <br />to 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 />Attachment 2.05.3(3)-18-43 <br />