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PART II Page No. 24 Permit No.: CO-0038776 14. Duration of Permit The duration of a permit shall be for a fixed term and shall not exceed five (5) yeazs. Filinq~of a timely and complete application shall cause the expired etmit to continue m force to the effective date of the new permit. The permit's duration may be extended only through administra~ve extensions and not through interim modifications. 15. Section 307 Toxics If a toxic effluent standard or prohibition, including any a plicable,schedule of compliance specified, is established by regulation pursuant to Section 307 of the Federal Act for a toxic polluutant which is present in rite permtttee's discharge and such standazd of grohibihon is more stringent than any limitation upon such pollutant in the dischazge pemut,. the Division shall mstimte proceedings o modify or revoke and reissue the permit to conYoan to the toxic effluent standazd or prohibition. 16. AntibackslidinQ a. A ermit may not be renewed reissued, or modified to contain effluent limitations adopted pursuant to,Section 25-8-503(1)) (BUJ) of the Water Quality G'ontrol Act which are less stringent than the comparable effluent limitations or standards m e previous permit, unless any one of the following exceptons is met and the conditions of pazagraph (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 offpermi[ issuance (other dtan revised regulations, Kuidance, or test methods) and which would have justified the application o a less stringent effluent lunitahon or standard aLt the time of pemtit issuance; or iii) The. Division determines that technical mistakes or mistaken interpretations of law were made in issuing the permit, which Iushfled relaxation of the effluent limitations or standazds; 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 petrnittee has received a permit variance; or vi) b. A ermit 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 aze less stringent than the comparable effluent lirmtahons in the previous permit, unless any of the exceptions provided herein is met and the conditions of pazagraph c. of this section aze met. i) 1n waters where the applicable water guality standard has not yet been attained, effluent limitations based on a total maximum daily load or other waste load allocation ma be revised to be less stringent if the cumulative effect of all such revvsions assures attainment of such water quality standard, or the designated use winch is not being attained is removed m accordance with Section 31.6 of [he Basic Standards. it) loadaother waster loa pa locatio aor an anther a er~midtfias standard mincInd nllean y~ w tern ual~ st andara trna bt a rev sed to be less stringent >f such revision is subJect to and consistent with the antidegradahon 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 Comtmssion as "use protected ; or iii) Whether or not the applicable water quality standazd has been attained: (A) Material and substantial alterations or additions to the permitted facility occurred after pemu[ issuance which justified the application of less stringent effluent limitations; or (B) A less stringent efluent 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 pennittee has received a pemtit variance; or (D) The pemtittee has installed the tteatment facilities required to meet the efluent limitations in the previous peratit and has properly operated and maintained the facilities but has nevertheless been unable to achieve tfie previous effluent limitations m which case the lirnitahons in the reviewed, reissued, or modified permit may reflect the level of pollutant control ac{ually achieved' (but shall not. be less stringent than required by Effluent guidelines m effect at the time of permit renewal, reissvance, oz modification). In no event may a permit with res~ contain an effluent limitation or s the permit is renewed, reissued, or or modified to contain a less slang apnlicable water quality standazd. to dischaz a mto state waters a of such igmtitation would res to 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. of the Federal act or any standazd for sewage permit during its term constitutes compliance and (bl of the Federal act. However, a errntl is set forth m Section 61.8(8) of the Colorado d. Compliance with a,permit condition which implements a particulaz standazd for sewage sludge use or disgoral shall be an affirmative defense m any enforcement action brought for a violation of that standazd for sewage sludge use or disposal. Revised 4/192004