HYDRO21067 - Laserfiche WebLink

Home Browse Search

iPART 1:. Page No. 20 Permit No:.GF~G-850000 B. RESPONSIBILITIES 15. Section 307 Toxics If a toxic effluent standard or prohibition, including any applicable schedule of compliance specified, is established by regulation pursuant [o Section 307 of the Federal Act for a toxic pollutant which is present in the permittee's discharge and such.standard or prohibition is more stringent than any limitation upon such pollutant in the discharge permit, the Division shall institute proceedings to modify or revoke and reissue the permit to conform to the toxic effluent standard or prohibition. 16. Antibackslidine a. A permit may not be renewed, reissued, or modified to contain effluent limitations adoptedpursuant to Section 25-8-503(1)'(6) (BPJ) of the Water Quality Control Act, which are less stringent than the comparable effluent limitations or standards in the previous pemut, unless any one of the following exceptions is met and the conditions of paragraph c. of this section aze 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 pemnt issuance (other than revised regulations, guidance, ortest methods) and which would have justified the application of a less stringent effluent limitation or standard at the rime ofpermit 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 standazds; or iv. A less stringent effluent limitation or standazd is necessary because of events over which the permittee has no control and for which there is not reasonable available remedy; or v. The pertnittee has received a permit variance; or vi. The pemrittee has installed the treatment facilities required to meet the effluent limitations in the previous permit and has properly operated and raintained [he 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 ofpermit renewal, reissuance, or modification). b. A permit may not be renewed, reissued, or modified to contain effluent limitations adopted pursuant to 61.8(2)(6) or (c) of the Colorado Discharge Pemtit System Regulations that aze less stringent than the compazable effluent limitations in the previous permit, unless any of the exceptions provided herein is met and the conditions of pazagraph 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 attainment of such water quality standazd, or the designated use which is not being attained is removed in accordance with Section 31.6 of the Basic Standazds. - ii. In waters where the applicable water quality standard bas been attained, effluent limitations based on a total maximum daily load, other waste load allocation, or any other permitting standazd (including any water quality standard) tnay be revised to be less stringent if such revision is subject to and consistent with the antidegradarion provisions of Section 31.8 of the Basic Standazds. Consistency with Section 3 ].8 shall be presumed ifthe waters in question have been designated by the Commission as "use protected"; or iii. Whether or not the applicable water quality standazd has been attained: (A) Material and substantial alterations or addifions to the permitted facility occurred after perntit issuance which justified the application of less stringent effluent limitations; or (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 Ute 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 ofpermit renewal, reissuance, or modification).