PERMFILE52560

• Permit No: C1981047A
• IBM Index Class Name: Permit File
• Doc Date: 8/15/2002
• Section_Exhibit Name: Exhibit J Other Licenses and Permits
• Media Type: D
• Archive: Yes

PART It
Page No. 20
Permit No. COG-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 to 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 dischazge permit, the Division shall institute proceedings to
modify or revoke and reissue the permit to conform to the toxic effluent standard ar prohibition.
16. Antibackslidine
a. A pemut may not be renewed, reissued, or modified to contain effluent limitations adoptedpursuant to Section 25-8-503(I)(b) (BPJ)
of the Water Quality Control Act, which aze less stringent than the compazable effluent limitations or standards in the previous
pemtit, unless any one of the following exceptions is met and the conditions of paragraph 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 of pemtit issuance (other than revised regulations, guidance, or test
methods) and which would have justified the application of a less stringent effluent limitation or standard at the time of permit
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 permitee has received a permit variance; or
C~
vi. The permittee bas installed the treatment facilities required to meet the effluent limitations in the previous permit and has
properly operated and maintained the 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 of peratit renewal, reissuance,
or modification).
b. A permit 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 are less stringent than the comparable efi7uent limitations in the previous permit,
unless any of the exceptions provided herein is met and the conditions of paragraph c. of this section aze met.
i. In waters where the applicable water quality standard has not yet been attained, e87uent 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 standazd has been attained, effluent limitations based on a total maximum daily
load, other waste load allocation, or any other permitting standard (including any water quality standazd) maybe revised to be
less stringent if such revision is subject to and consistent with the antidegradation 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 Commission
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 permit 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 pemtittee has no control and for which
there is not reasonable available remedy; or
(C) The permitee has received a permit vaziance; or
(D) The permittee has installed the treatment facilities required to meet the effluent limitations in the previous permtt as
properly operated and maintained the facilities but has nevertheless been unable to achieve the previous effluent
m which case, the limitations in the reviewed, reissued, or modified permit may reflect the level of pollutant of
actually achieved (but shall not be less stringent than required by effluent guidelines in effect at the time ofpermit renewal,
reissuance, of modification).