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'B. RESPONSIBILITIES (cont.) <br />4) The Division determines that good cause exists to modify a permit condition because of events over which <br />the permittee has no control and for which there is no reasonable available remedy; <br />5) Where the Division has completed, and EPA approved, a total maximum daily load (TMDL) which <br />includes a wasteload allocation for the discharges(s) authorized under the permit; <br />6) The permittee has received a variance; <br />7) When required to incorporate applicable toxic effluent limitation or standards adopted pursuant to Section <br />307(a) of the Federal act; <br />8) When required by the reopener conditions in the permit; <br />9) When the level of discharge of any pollutant which is not limited in the permit, exceeds the level that can <br />be achieved by the technology-based treatment requirements appropriate to the permittee under Section <br />61.8(2)(a) of the Regulations for the State Discharge Permit System; <br />10) To establish a pollutant notification level required in Section 61.8(5) of the Regulations for the State <br />Discharge Permit System; <br />11) 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 Regulations for the State <br />Discharge Permit System, or; <br />12) For any other cause provided in Section 61.10 of the Regulations for the State Discharge Permit System. <br />C. This permit, or certification under this permit, may be modified in whole or in part to include new effluent <br />limitations and other appropriate permit conditions where data submitted pursuant to Part I.C or other available <br />information indicates that such effluent limitations and permit conditions are necessary to ensure compliance with <br />applicable water quality standards and protection of classified uses. <br />d. At the request of the permittee, the Division may modify or terminate certification under this permit if the <br />following conditions are met: <br />1) In the case of termination, the permittee notifies the Division of its intent to terminate the operation 90 <br />days before the desired date of termination; <br />2) In the case of termination, the permittee has ceased all discharges to state waters and demonstrates to the <br />Division there is no probability of further uncontrolled discharge(s), which may affect waters of the State. <br />Alternatively, the certification may be terminated if the site has been fully released from the reclamation <br />board requirements by the Colorado Division of Reclamation, Mining and Safety (CDRMS). <br />3) The Division finds that the permittee has shown reasonable grounds consistent with the Federal and State <br />statutes and regulations for such modification, amendment or termination; and <br />4) Fee requirements of Section 61.15 of State Discharge Permit System Regulations have been met. <br />e. Permit modification (except for minor modifications), termination or revocation and reissuance actions shall be <br />subject to the requirements of Sections 61.5(2), 61.5(3), 61.6, 61.7 and 61.15 of the Regulations for the State <br />Discharge Permit System. The Division shall act on a permit modification request, other than minor <br />modifications requests, within 180 days of receipt thereof. Except for minor modifications, the terms of the <br />existing permit govern and are enforceable until the newly issued permit is formally modified or revoked and <br />reissued following public notice.