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PART R <br />Page No. 29 <br />Permit No.: CO-0036251 <br />;, RESPONSIBILITIES (CONTINUED) <br />11. Renewal Application <br />If the permirtee desires to continue to discharge, a permit renewal application shall be submitted at least one hundred eighty <br />(180) days before this permit expires. If the permittee anticipates there will be no discharge after the expiration date of this <br />pernrit, the Division should be promptly notified so that it can terminate the permit in accordance with Part II.B.S. <br />12. Confidentiality <br />Any information relating to any secret process, method of manufacture or production, or sales or marketing data which has <br />been declared confidential by the pernuttee, and which maybe acquired, ascertained, or discovered, whether in any sampling <br />investigation, emergency investigation, or otherwise, shall not be publicly disclosed by any member, officer, or employee of <br />the Commission or [he Division, but shall be kept confidential. Any person seeking to invoke the protection of this <br />Subsection (12) shall bear the burden of proving its applicability. This section shall never be interpreted as preventing full <br />disclosure of effluent data. <br />13. Fees <br />The petmittee is required to submit payment of an annual fee as set forth in the 1983 amendments to the Water Quality <br />Control Act. Section 25-8-502 (1) (b), and the Colorado Discharge Permit System Regulations 5 CCR 1002-61, Section 61.15 <br />as amended. Failure to submit the required fee when due and payable is a violation of the permit and will result in <br />enforcement action pursuant to Section 25-8-601 et. seq., C.R.S. 1973 as amended. <br />14. Duration of Permit <br />The duration of a permit shall be for a fixed term and shall not exceed five (5) yeazs. Filing of a timely and complete <br />application shall cause the expired permit to continue in force to the effective date of the new pemut. The permit's duration <br />maybe extended only through administrative extensions and not through interim modifications. <br />15. Section 307 Toxics <br />If a toxic effluent standard or prohibition, including any applicable schedule of compliance specified, is established by <br />regulation pursuant to Section 307 of the Federal Act for a toxic pollutant which is present in the permittee's discharge and <br />such standard or prohibition is more stringent than any limitation upon such pollutant in the discharge permit, the Division <br />shall institute proceedings to modify or revoke and reissue [he permit to conforrrr to the toxic effluent standard or prohibition. <br />16. Antibackslidine <br />a. A pemut may not be renewed, reissued, or modified to contain effluent limitations adopted pursuant to Section 25-8- <br />503(1)(b) (BPJ) of the Water Quality Control Act, which aze less stringent than the comparable effluent limitations or <br />standards in the previous permit, unless any one of the following exceptions is met and the conditions of paragraph (c) of <br />this section are met: <br />i) Material and substantial alterations or additions to the pemutted facility occurred after permit issuance which justify <br />the application of less stringent effluent limitations; or <br />ii) Information is available which was not available at the time of permit issuance (other than revised regulations, <br />guidance, or test methods) and which would have justified the application of a less stringent effluent limitation or <br />standard at the time of permit issuance; or <br />iii) The Division determines that technical mistakes or mistaken interpretations of law were made in issuing the permit, <br />which justified relaxation of the effluent limitations or standards; or <br />iv) A less stringent effluent limitation or standard is necessary because of events over which the pemrittee has no control <br />and for which there is not reasonable available remedy; or <br />