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PART II <br />Page No. [ 7 <br />Permit No. COG-850000 <br />'B. RESPONSIBILITIES <br />3. Transfer of Ownership or Control (continued}-- <br />. iii. The Division does not notify the existing pem»ttee and theproposed newpennittee of its intent to modify, or revoke and reissue <br />the pernti[. <br />iv. Fee requirements of the Regulations for the State Discharge Permit System, Section 61.15 have been met. <br />4. Availability of Reports <br />Except for data determined to be co~dential under Section 308 of the Federal Clean Water Act and Colorado Discharge Permit System <br />Regulations 5 CCR 1002-61, Section 61.5.(4), all reports prepared in accordance with the terms of this pemrit shall be available for public <br />inspection at the offices of the Division and the Environmental Protection Agency. <br />The name and address of the permit applicant(s) and pennittee(s), permit applications, permits and effluent data shall no[ be considered <br />confidential. Knowingly making false statement on any such report mayresult in the imposition of criminal penalties as provided for in <br />Section 309 of the Federal Clean Water Act, and Section 25-8-610 C.R.S. <br />5. Modification, Suspension, Revocation, or Terarination 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 planned <br />changes or anticipated noncompliance, does not stay any pemut condition. <br />a. A permit may be modified, suspended, or temunated in whole or in part during its term for reasons determined by the Division <br />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 permit or <br />to the establishment of terms or conditions of the pemtit; or <br />• iii. Materially false or inaccurate statements or iafotmztion in the permit application or the pernrit. <br />iv. A detemilnation that the permitted activity endangers human health or the classified or existinguses ofstate waters and can only <br />be regulated to acceptable levels by permit modifications or termination. <br />b. A permit maybe modified in whole or inpart forthe following causes, if such modification complies with the provisions of Section <br />61.10 of the Colorado Discharge Pemrit System Regulations: <br />i. There aze material and substantial alterations or additions to the permitted facility or activity which occurred after permit <br />issuance which justify the application of permit conditions that aze different or absent in the existing permit. <br />ii. The Division has received new information which was not available at the time of pemtit issuance (other than revised <br />regulations, guidance, or test methods) and which would have justified the application ofdifferentpennit conditions at the time <br />of issuance. For permits issued to new sources or new dischargers, this cause includes information derived fromeffluent testing <br />required under Section 61.4(7)(e) ofthe Colorado Dischazge Permit System Regulations. This provision allows a modification <br />of the permit to include conditions that are less stringent than the existing permit only to the extent allowed under Section 61.10 <br />of the Colorado Discharge Permit System Regulations. ' <br />iii. The standards or regulations on which the permit was based have been changed by promulgation of amended standards or <br />regulations orby judicial decision after the permit was issued. Permits may be modified during their terms for this cause only as <br />follows: <br />(A) The permit condition requested to be modified was based on a promulgated effluent limitation guideline, EPA approved <br />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 ofthe regulation or effluent limitafion guideline on which the permit <br />condition was based, or has approved a Commission action with respect to the water quality standard or effluent limitation <br />on which the permit condition was based; and <br />(C) The pemuttee requests modification after the notice of fmal action by which the EPA effluent limitation guideline, water <br />• quality standard, or effluent (imitation is revised, withdrawn, or modified; or <br />(D) For judicial decisions, a court of competent jurisdicfion has remanded and stayed EPA promulgated regulations of effluent <br />limitation guidelines, if the remand and stay concern that portion of the regulations or guidelines on which the permit <br />condition was based and a request is £led by the pemuttee in accordance with this Regulation, within ninety (90) days of <br />judicial remand. <br />