2017-05-22_PERMIT FILE - C1981025A (2)

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PART Q Page No. 30 Permit No.: CO -0029599 B. RESPONSIBILITIES 16. Antibackslidint • a. A ppermit mayy not be renewed, reissued, or modified to contain effluent limitations adopted pursuant to Section 25-8- 503(I)(b) (BPJ) of the Water Quality Control Act, which are less stringent than the comparable effluent limitations or standards in the previous permit, unless any one of the following exceptions is met and the conditions of paragraph (c) of this section are met: i) Material and substantial alterations or additions to the permitted facility occurred after permit issuance which Justify the application of less stringent effluent limitations; or ii) Information is available which was not available at the time of permit issuance (other than revised regulations, guidance, or test methods) and which would have justified the application of a less stringent effluent limitation or standard at the time of permit issuance; or iii) The Division determines that technical mistakes or mistaken interpretations of law were made in issuing the permit, which justified relaxation of the effluent limitations or standards; or iv) A less stringent effluent limitation or standard is necessary because of events over which the permittee has no control and for which there is not reasonable available remedy; or v) The permittee has received a permit variance; or vi) The permittee has installed the treatment facilities required to meet the effluent limitations in the previous permit and haspproperly operated and maintained the facilities but has nevertheless been unable to achieve the previous effluent lirutations, 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 permit 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 Regulations that are less stringent than the comparable effluent. limitations in the previous permit, unless any of the exceptions provided herein is met and the conditions of paragraph c. of this section are met. i) In waters where the applicable water quality standard has not et been attained, effluent limitations based on a total maximum daily load or other waste load allocation may fie revised to be less stringent if the cumulative effect of all such revisions assures attainment 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 daily load, other waste load allocation, or any other permitting standard (including any water qual standard) may be revised to be less stringent if such revision is subject to and consistent with the antidegrads provisions of Section 31.8 of the Basic Standards. Consistency with Section 31.8 shall be presumed if the waters in question have been designated by the Commission as "use protected"; or Whether or not the applicable water quality standard has been attained: (A) Material and substantial alterations or additions to the permitted facility occurred after permit issuance which jtified the application of less stringent effluent limitations; or us (B) A less stringent effluent limitation is necessary because of events over which the permittee has no control and for which there is not reasonable available remedy; or �C)) The permittee has received a permit variance; or D) The permittee has installed the treatment facilities required to meet the effluent limitations in the previous permit and has properly operated and maintained the facilities but has nevertheless been unable to achieve the previous effluent limitations, in 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 in effect at the time of permit renewal, reissuance, or modification). c. In no event may a permit with respect, to which paragraphs (a) and (b) of this section apply be renewed, reissued, or modified to contain an effluent limitauon 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 implementation of such limitation would result in a violation of an applicable water quality standard. 17. Effect of Permit Issuance 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 of personal 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(d) of the Federal act, compliance with a pert during its term constitutes compliance, for mi rr purposes of enforcement, with Sections 301, 302, 306, 318, 403, and 405(a) and (b) of the Federal act. However, a permit may be modified, revoked and reissued, or terminated during its term for cause forth in Section 61.8(8) of the Colorado Discharge Permit System Regulations. d. CompPliance with a permit condition which implements a particular standard for sewage sludge use or disposal shall be an afTrrnative defense in any enforcement action brought for a violation of that standard for sewage sludge use or disposal.