2008-09-19_PERMIT FILE - C1981018A (2)

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, ~ N PART II Page No. 25 Permit No.: CO-0038024 (A) The permit 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water quality standard, or an effluent limitation set forth in 5 CCR 1002-62, § 62 et seq.; and (B) EPA has revised, withdrawn, or modified that portion of the regulation or effluent limitation guideline on which the permit condition was based, or has approved a Commission action with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 perrnittee requests modification after the notice of fmal action by which the EPA effluent limitation guideline, water quality standard, or effluent limitation is revised, withdrawn, or modified; or (D) For judicial decisions, a court of competent jurisdiction has remanded and stayed EPA promulgated regulations or effluent limitation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. iv) The Division determines that good cause exists to modify a permit condition because of events over which the permittee has no control 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 to § 307(a) of the Federal act. vii) When required by the reopener 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 level of discharge of any pollutant which is not limited in the permit exceeds the level which can be achieved by the technology-based treatment requirf;ments appropriate to the permittee under Section 61.8(2) of the Colorado Discharge Permit System Regulations. x) To establish a pollutant notification level required iin Section 61.8(5) of the Colorado Discharge Permit System Regulations. xi) To correct technical mistakes, such as errors in calculation, or mistaken interpretations of law made in deterrnining permit conditions, to the extent allowed in Section 61.10 of the Colorado State Discharge Pernut System Regulations. xii) When required by a pemut condition to incorporatE; a land application plan for beneficial reuse of sewage sludge, to revise an existing land application plan, or to add a land application plan. xiii) For any other cause provided in Section 61.10 of the Colorado Discharge Permit System Regulations. c. At the request of a permittee, the Division may modify or terminate a permit and issue a new permit if the following conditions are met: i) The Regional Administrator has been notified of the proposed modification or termination and does not object in writing within thirty (30) days of receipt of notification, ii) The Division fmds that the permittee has shown reasonable grounds consistent with the Federal and State statutes and regulations for such modifications or termination; • iii) Requirements of Section 61.15 of the Colorado Discharge Permit System Regulations have been met, and iv) Requirements of public notice have been met.