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PART II Page No. 27 Permi[ No. CO-0045161 B. RESPONSIBILITIES 16. Antibackslidino ii. Informa[ion is available which was not available at [he [ime of permi[ issuance (other than revised regula[ions, guidance, or test methods) and which would have justified the application of a less stringent effluen[ limits[ion or standard at the [ime of permi[ issuance; or iti. The Division de[ermines [hat technical mistakes or mistaken interpretations of law were made in issuing the permi[, which justified relaxation of [he cffluent limitations or standards; or iv. A less stringent effluent limitation or standard is necessary because of events over which [he permittee 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 trcatmrn[ (acilities required to meet the effluent limitations in the previous permi[ and has properly operated and maintained [he facilities but has never[heless been unable to achieve the previous effluent limitations, in which case, the limitations in the renewed, reissued, or modified permit may reflect the levcl of pollutant control actually achicved (bu[ shall not be less stringent than required by effluent guidelines in effect a[ the time of permi[ renewal, reissuance, or modification). b. A permit may not be rcnewed, reissued, or modified [o contain effluent limitations adopted pursuant [0 61.8 (2) (b) or (c) of [he Colorado Discharge Permit System Regina[ions that are less stringent than [he comparable effluent limitations in the previous permit, unless any of the exceptions provided herein is met and [he conditions of paragraph c. of this section are met. i. In waters where the applicable water qualiry• standard has not yet been attained, effluent limitations based on a coral maximum daily load or other waste load allocation may be revised to be less stringent if the cumulative effect of all such revisions assures arra~nm.n[ of such water quality standard, or the designated use which is no[ being attained is removed in accordance with Section 31.6 of [he Basic Standards. ii. In waters where [he applicablc water quality standard has been attained, effluem limitations based on a total maximum daily load, o[hcr wasu load allocation, or any other permit[ing standard (including any water quality standard) may be revised to be less stringent if such revision is subject to and consistent with [he antidegradadon 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 b}• the Commission as "use protected"; or iii. Whether or not the applicable water quality standard has been attained: (A) Material and subs[antial al[etations or additions to the permitted facility occurred after permit issuance whicb justified the application of Iess sttingen[ effluent limitations; or (B) A less stringent effluent limitation is nccessary because of events over which the permittee has no control and for which there is not reasonable available remedy; or (C) The permittee has received a permit variance; or (D) The permittee has installed [he treatment facilities required to meet the effluent limitations in the previous permit and has properly operated and maintained the facilities bu[ has nevertheless been unable to achieve the previous effluent limitations, in which case, the limitations in the reviewed, reissued, or modified permit may reflect the level of pollutant control actually achieved (but shall not be Iess stringent than required by effluen[ guidelines in effect at the time of permi[ renewal, reissuance, or modification). c. In no even[ may a permit wi[h respect to which paragraphs a. and b. of [his section apply be renewed, reissued, or modified to contain an effluen[ limits[ion or standard which is less stringent than required by federal effluent guidelines in effec[ a[ the [ime the permit is renewed, reissued, or modified. In no event may such a permi[ to discharge in[o stale waters be renewed, reissued, or modified to contain a less stringent effluent limi[a[ion if the implementation of such limits[ion would result in a viola[ion of an applicable water quality standard.