2008-12-04_PERMIT FILE - C1981033

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PART II Page No. 17 Permit No.: co-0044377 5. Modification, Suspension, Revocation, or Termination of Permits By the Division (continued) b. A permit may be modified in whole or in part for the following causes, provided that such modification complies with the provisions of Section 6 ] .10 of the Colorado Discharge Permit 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 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 ermits issued to new sources or new dischargers, this cause includes information derived from effluent testing requiredpunder Section 61.4(7)(e) of the Colorado Discharge Permit System Regulations. This provision allows a mode ication of the permit to includde conditions that are less stripgent 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 promul ation of amended standards or regulations or by judicial decision after the permit was issued. Permits may be modified during their terms for this cause only as follows: (A) The permit condition requested to be modified was based on a romul ated effluent limitation guideline, EPA approved water quality standard, or an effluent limitation set forth in 5 C~R ]00~-62, § 62 et seq.; and (B) EPA has revised, withdrawn, or modified that portion of the regulation or effluent limitation guideline on which the hermit condition was based, or has approved a Commission action with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 permittee 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final action by which the EPA effluent limitation guideline, water quality standard, or effluent limitation is revised, withdrawn, or modified; or (D) For judicial decisions, a court of competent jurisdiction has remanded and stayed EPA promulgated regulations or effluent limitation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~udicial 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 requirements appropriate to the permittee under Section 61.8(2) of the Colorado Discharge Permit System Regulations. x) To establish a pollutant notification level required in 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 determining permit conditions, to the extent allowed in Section 61.10 of the Colorado State Discharge Permit System Regulations. xii) When required by a permit 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 notif cation, .. ii) The Division finds 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. d. Permit modification (except for minor modifications), termination or revocation and reissuance actions gtiall be subject to the requirements of Sections 61.5(2), 6].5(3), 61.6, 61.7 and 61.15 bf the Colorado Discharge Permit System Regulations. TFie Division shall act on a permit modifcation request, other than minor modification reqquests, within. ] 8q days of receipt thereof. Except for minor modifications, the terms of the existing permit govern and are enforceable until the newly Issued permit is formally modified or revoked and reissued following public notice. Revised ID/29/2008