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J PART II Page No. 26 Permit No. COG-850000 RESPONSTBLi,ITffS 16. Antibackslidina iii. Whether or not the applicable water quality standard has been attained: (A) Material and substantial alterations or additions to the permitted facility occurred afrer permit isruance which justified the application of less stringent effluent limitations; or (B) A less stringent effluea[ limitation is necessary because of events over which the permittee haz no control and for which there is no[ rcasanable available remedy; or (C) The permittee haz received a permit variance; or (D) The permittee bas installed the trratment facilities required to meet the effluent limitations in ilte previous permit and haz properly operated and maintained the facilities but haz neverthelus bcen unable to achieve the previous effluent limitations, in which gaze, the limitations in the reviewed, reissued, or modified permit may reflect the level of pollutant control actually achieved (but shall not be less stringer[ than required by effluent guideline in effect at the tune 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, of modified to contain an effluea[ limitation or standard which is less stringent [han required by federal effluent guidelines in effect at the time the permit is renewed, reissued, or modified. Ice no event may such a permit to discharge into state waters be renewed, reissued, or modified to contain a less sttingem effluent limitation if the implementa[ioa of such limitation would rtsult in a violarioa of an applicable water quality standard. 17. Etfxt of Permit Issuance a. The issuance of a permit does not convry any property rights or any exclusive privilege. b. The issuance of a permit does not androtitt nay injury to person or property or any invasion of personal rights, nor does i[ authorize the infringemem of federal, state, or local laws or reguladoas. c. Except for any toxic effluent standard or prohibition imposed under Section 307 of the Federal att or any standard for sewage sludge use or disposal under Section 405(d) of the Federal act, compliance with a permit during iu [erm constitutes compliance, for purposes of enforcement, with Sections 301, 302, 306, 318, 403, and 405(x) and (b) of the Federal act. However, a permit may be modified, revoked and reissued, or terminated during its term for cause az sac forth in Section 6.9.8 of the Regulations for the State Discharge Permit System. d. Compliance with a permit condition which implements a particular standard for sewage sludge use or disposal shall be an affirmative defense is any enforcement action brought for a violadoa of that standard for sewage sludge use or disposal.