2016-08-29_PERMIT FILE - C1981035A (3)

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PART R Pale No. 26 Permit No. COO- SO0006 properly operated and maintained the facilities but has nevertheless been unable to achieve the previous effluent limitations, in which case, the limitations in the renewed, reissued, or modified permit may reflect the level of pollutant control actually achieved (but shall not be less stringent than required by effluent guidelines in effect at the time of permit renewal, reissuance, or modification). b. A �rrmt may not be renewed, reissued, or modified to contain effluent limitations adopted pursuant to 61.8(2)(b) or (c) of the Colorado Discharge Permit System Re tions that are less than the congrarabie efile w limitations in thhee previous permit, unless any of the exceptions provided in is met and the c n� of paragraph c. of this section are met. i. In waters where the applicable water quality standard has not yet been attained, effluent limitations based on a total maximum daily load or other waste load allocation may be revised to be less stringent if the cumulative effect of all such revisions assures agent of such water quality standard, or the designated use which is not being attained is removed in accordance with Section. 31.6 of the Basic Standards. ii. In waters where the applicable water quality standard has been attained, effluent limitations based on a total maximum, dally load, other waste load allocation, or any other permitting standard (including any water quality standard) maybe revised to be less stringent if such revision is subject to and consistent with tree antidegradation provisions of Section 31.8 of the Basic Standards. Consistency with Section 31.8 shall be presumed ifthe waters in question have boon designated by the Commission as "use protected!; or iii. Whether or not the applicable water quality standard has been attained: (A) Material and substantial alterations or additions to the permitted facility ocem -ed after permit issuance which justified the application of less stringent effluent limitations; or (B) A less shingent effluent limitation is necessary because of events over which the permittee has no control and for which there is not reasonable available remedy; or The permittee has received a permit variance; or The permittee has installed the treatment facilities required to meet the effluent limitations in the previous permit and has properlp operated and maintained the facilities but has nevertheless been. unable to achieve the previous effluent limitations, m which case, the limitations in the reviewed, reissued, or modified permit may reflect the level of pollutant control actually achieved (but shall not be less stringent than required by effluent guidelines m effect at the time of peamt renewal, rerasuance, or n). In no eventmay apermit with respect to which paragraphs a. and b. ofthis section apply be renewed, reissued, or modified to captain an effluent limitation or standard which is less stringent than required by federal effluent guidelines in effect at the time the permit is renewed, reissued, or modified. In no event may such a permit to discharge into state waters be renewed, reissued, or modified to contain a less stringent effluent limitation if the iuPlemerrtation of such limitation would result in a violation of an applicable water quality standard. 17. Effect of Permit Issnanet a. The issuance of a permit does not convey any property rights or any exclusive privilege. b. The issuance of a permit does not authorize any injury to person or property or any invasion ofpersonal rights, nor does it authorize the infringement of federal, state, or local laws or regulations. c. Except for any toxic effluent standard or prohibition imposed under Section 307 of the Federal act or any standard for sewage sludge use or disposal under Section 405(4) of the Federal act, compliance with a permit its term constitutes compliance, oc irneuppoo of enforcement, with Sections 301, 302, 306, 318, 403, and 405(a) and (b of�ederal act. however, a permit may be nodifeied, revoked and reissued, or terminated during its term for cause as set f= in Section 61.8(8) of the Colorado Discharge Permit System Regulations. d. Compliance with a permit condition which implements a particular standard for sewage sludge use or disposal shall be an affrand c defense in any enforcement action brought for a violation of that standard for sewage sludge use or 8isposal. 18. &Mdda an lndiyiduall CDPS Permit The Director may require any owner or operator covered under this permit to apply for and obtain an individual CDPS permit if a. The discharger is not in compliance with the conditions of this General Permit; or, b. Conditions or standards have changed so that the discharge no longer qualifies for a General Permit; or, c. Data becomes available which indicates water quality standards may be violated The owner or operator must be notified in writing that an application for an individual CDPS permit is required. When an individui CDPS permit is issued to an owner or operator otherwise covered under this General Permit, the applicability of the Gametal Permit t that owner or operator is automatically terminated upon the effective date of the individual CDPS permit.