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PART 1 Page No.~2Q Permit No. COG-g50000 B. RESPONSIBILITIES ]5. Section 307 Toxics C~ 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 of prohibition is more stringent than any limitation upon such pollutant in the discharge permit, the Division shall institute proceedings tc 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 adopted pursuant 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 permit, unless any one of the following exceptions is met and the conditions of pazagraph c. of this section aze met: i. Material and substantial alterations or additions to the perrrtitted 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 permit issuance (other than revised regulations, guidance, or test methods) and which would have justified the application of a less stringent effluent limitation or standazd at the time of permit issuance; or iii. The Division determines that technical nvstakes 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 permtttee has no control and for which there is not reasonable available remedy; or v. The permittee has received a permit variance; or • vi. The permittee has 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 ilte 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 permit renewal, reissrimce., or modification). b. A permit may not be renewed, reissued, or modified Yo contain effluent limitations adopted pursuant to 61.8(2)(6) or (c) of the Colorado Dischazge Pemtit System Regulations that aze less stringent than the comparable effiuent limitations in the previous pemrit, 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 standazd 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 will 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 standazd (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 Standazds. Consistency with Section 31.8 shall be presumed if the waters in question have been designated by the Cotnmission 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 pemuttee has received a permit variance; or (D) The pennittee has installed the treatment facilities required to meet the effluent limitations in the previous permit an s properly operated and maintained the facilities but has nevertheless been unable to achieve the previous effluent ]imi m which case, the limitations in the reviewed, reissued, or modified permit may reflect the level of pollutant actually achieved (but shall not be less stringent than required by effluent guidelines in effect at the time ofpermitrene 1, reissuance, or modification).