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PART II <br />Page 19 of 22 <br />Permit No.: CO-0001244 <br />4. Availability of Reports <br />Except for data determined to be confidential under Section 308 of the Federal Clean Water Act and the Colorado Discharge <br />Permit System Regulations 5 CCR 1002-61, Section 61.5(4), all reports prepared in accordance with the terms of this permit <br />shall be available for public inspection at the offices of the Division and the Environmental Protection Agency. <br />The name and address of the permit applicant(s) and permittee(s), permit applications, permits and effluent data shall not be <br />considered confidential. Knowingly making false statement on any such report may result in the imposition of criminal <br />penalties as provided for in Section 309 of the Federal Clean Water Act, and Section 25-8-610 C.R.S. <br />5. Modification, Suspension, Revocation, or Termination of Permits By the Division <br />The filing of a request by the permittee for a permit modification, revocation and reissuance, termination or a notification of <br />planned changes or anticipated noncompliance, does not stay any permit condition. <br />a. A permit may be modified, suspended, or terminated in whole or in part during its term for reasons determined by the <br />Division including, but not limited to, the following: <br />i) Violation of any terms or conditions of the permit; <br />ii) 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; or <br />iii) Materially false or inaccurate statements or information in the permit application or the permit. <br />iv) A determination that the permitted activity endangers human health or the classified or existing uses of state waters <br />and can only be regulated to acceptable levels by permit modifications or termination. <br />b. A permit may be modified in whole or in part for the following causes, provided that such modification complies with the <br />provisions of Section 61.10 of the Colorado Discharge Permit System Regulations: <br />i) 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 permit. <br />ii) The Division has received new information which was not available at the time of permit issuance (other than revised <br />regulations, guidance, or test methods) and which would have justified the application of different permit conditions <br />at the time of issuance. For permits issued to new sources or new dischargers, this cause includes information <br />derived from effluent testing required under Section 61.4(7)(e) of the Colorado Discharge Permit System <br />Regulations. This provision allows a modification of the permit to include conditions that are less stringent than the <br />existing permit only to the extent allowed under Section 61.10 of the Colorado Discharge Permit System <br />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 maybe 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, EPA <br />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 which <br />the permit condition was based, or has approved a Commission action with respect to the water quality standard <br />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 regulations <br />or effluent limitation guidelines, if the remand and stay concern that portion of the regulations or guidelines on