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i .. .... PART II ' Page No. 25 Permit No. COG-850000 B. RESPONSIBII.ITIFS 15. Section 307 Toxin If a tonic effluent standard or prohibition, including any applicable schedule of wmplian« specified, is established by regulation pursuant to Section 307 of the Federal Act for a tonic pollutant which is present in the permittee's discharge and such standard or prohibition is more stringrnt 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 tonic effluent standard or prohibition. 16. Antibackslidine a. A permit may not be renewed, reissued, or modified to contain efflurnt limitations adopted pursuant [o Section 25-8- 503(1)(b) (BPJ) of the Water Quality Control Act, which are less stringent titan the comparable effluen[ limitarions or standards in the previous permit, unless any one of the following exceptions is met and the conditions of paragraph c. of [Iris section are met: i. Material and substantial alterations or additions to the permitted facility occurred after permit issuan« which justify the application of less stringent effluent limitations; or ii. Information is available which waz not available at the time of permit issuance (other than revised regula[ions, guidance, or teat me[Lods) and which would have justified the applit:azion of a less stringrn[ effluent limitation or standard at the time of permit issuan«; 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 comrol and for which there is not reasonable available remedy; or v. The permittee has re«ived a permit varian«; or vi. The permittee has installed the trr=n„'„t facilities required to meet the effluent limitations in the previous permit and has properly operated and maintained the facilities btu has nevertheless been unable to achieve the previous effluem limitations, in which case, the limitations in the tsnewed, reissued, or modified permit may reflect the level of pollutant control actually achieved (but shall not be less stringent than rtxptired by effluent guidelines in effect az the time of permit renewal, reisstran«, or modification). b. A permit may not be rrnewed, reissued, or modified to contain effluent litttitadons adopted pursuant to 6.9.2(2) or (3) of the Regulations for the State Discharge Perini[ System [hat are less stringent than the comparable effluent limitations in the previous permit, tmlas any of the exceptions provided herein is met and the conditions of paragraph c. of this section are met. in waters where the applicable water quality standard has not yet bees attained, effluem limitations based on a tp(yl m=rimi~m daily load or odter wazte load allocation may be revised to be less stringent if the cumulative effect of aU such revisions azsura att=i++R+'++t of such water quality standard, or the desigrtated use whith is not being attained is removed in a«ordaa« with Secton 3.1.6 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 wazte load allocation, or any other permitting standard (including any water quality standard) [nay be revised to be less stringent if such revision is subject to cad consistent with the antidegradation provisions of Section 3.1.8 of the Basic Standards. Coasistrnry with Section 3.1.8 shall be presumed if the waters in question Lave been designated by the Commission az "use protected"; or