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2009-02-26_PERMIT FILE - M2009018 (17)
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2009-02-26_PERMIT FILE - M2009018 (17)
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Last modified
8/24/2016 3:43:53 PM
Creation date
2/27/2009 1:01:47 PM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M2009018
IBM Index Class Name
PERMIT FILE
Doc Date
2/26/2009
Doc Name
Ex. M Other Permits & Licenses
From
Varra Companies, Inc.
To
DRMS
Media Type
D
Archive
No
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PART H <br />Page 17 <br />Permit No. COG-500000 <br />B. RESPONSIBILITTES <br />5. Modification. Suspension, or Revocation of Permits By the Division (continued) <br />2) Obtaining a permit by misrepresentation or failing to disclose any fact which is material to the granting or denial of a <br />permit or to the establishment of terms or conditions of the permit; <br />3) Materially false or inaccurate statements or information in the application for the permit; <br />4) A determination that the permitted activity endangers human health or the classified or existing uses of State <br />Waters and can only be regulated to acceptable levels by permit modifications or termination. <br />b. This permit, or certification under this permit, may be modified in whole or in part due to a change in any condition that <br />requires either a temporary or permanent reduction or elimination of the permitted discharge, such as: <br />1) There are material and substantial alterations or additions to the permitted facility or activity which occurred after <br />permit issuance which justify the application of permit conditions that are different or absent in the existing <br />permit; <br />2) 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) of the Regulations for the State <br />Discharge Permit System. 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 Regulations for the State <br />Discharge Permit System; <br />3) 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 their <br />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, Regulation <br />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 <br />or guidelines on which the permit condition was based and a request is filed by the permittee in <br />accordance with this Regulation, within ninety (90) days of judicial remand. <br />4) 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 />5) The permittee has received a variance; <br />6) When required to incorporate applicable toxic effluent limitation or standards adopted pursuant to 1307(a) of the <br />Federal act; <br />7) When required by the Yeopener conditions in the permit; <br />8) As necessary under 40 C.F.R. 403.8(e), to include a compliance schedule for the development of a pretreatment
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