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(1) There are material and substantial alterations or additions to the permitted facility or activity which occurred <br />after 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 <br />permit conditions at the time of issuance. For permits issued to new sources or new dischargers, this cause <br />includes information derived from effluent testing required under Section 6.5.7(5) of the Regulations for the <br />State Discharge Permit System. This provision allows a modification of the permit to include conditions that <br />are less stringent than the existing permit only to the extent allowed under Section 6.11.0 of the Regulations for <br />the State Discharge Permit System. <br />(3) <br />.'art II <br />Page No. 21 <br />Permit No.: CO- 0027529 <br />The standards or regulations on which the permit was based have been changed by promulgation of amended <br />standards or regulations or''y udicial decision after the permit was issued. Permits may be modified during <br />their 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 -3, § 10.1.0 et seq.; <br />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(b) EPA has revised, withdrawn, or modified that portion of the regulation or effluent limitation guideline on 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guideline, water quality standard, or effluent limitation is revised, withdrawn, or modified; or 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 accordance <br />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 § 307(a) of <br />the Federal act. <br />(7) When required by the reopener 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 <br />program. <br />(9) When the level of discharge of any pollutant which is not limited in the permit exceeds the level which can be <br />achieved by the technology -based treatment requirements appropriate to the permittee under Section 6.9.2(1) of <br />the Regulations for the State Discharge Permit System. <br />(10) To establish a pollutant notification level required in Section 6.9.5 of the Regulations for the State Discharge <br />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 6.11.0 of the Regulations for the State Discharge <br />Permit System. <br />