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Part II <br />Page Vu. 20 <br />16. Anfibackslidino (continued) <br />Pcrtnit No--: CO-001303 <br />ii. Iri waters where the applicable water quality standard has been attained, effluent limitations based on a total maximum <br />daily load, other waste load allocation, or any other permitting standard (including anyy water quality standard) may ltc <br />revised to be less stringent if such revision is sub'ect [o and consistent wuh the antidegradation provtstons of Section <br />37.8 of the Bas'tc Standards. Consistency with ~ection 3L8 shalt be presumed if the waters in question have 6ren <br />designated by the Commission as "use protected"; or <br />iii. Whether or not [he applicable water quality standard has been attained: <br />(A) vlaterial and substantial alterations or additions to the permitted facility occurred after permit issuance which <br />~ushfied the application of less stringent effluent limitations; or <br />(B) A less stringent effluent limitation is necessary because of events over which the pemtittee has no control and tar <br />vehtch there is not reasonable available remedy; or <br />(C) The petntittee has received a pemtit variance; or <br />(D) The petmittee has installed the treahnrnt Cacilitics reyuired to meet the eRluert limitations iu the praviuus prnnit <br />and has properly operated and maintained the facilities but flax necerheless been unable to achieve the pervious <br />efTluen[ nnttanons, m which case, the limitations in the renewed. reissued, or modified pemtit may reflect the dc~.I <br />of pn{iutant control acWally achieved {but shaft not be kss stringent than required by effluent guiti~etinrs in rt7cat at <br />the time of permit renewal, reissuance, or mtxiification). <br />c. In no event may a pemtit with respect to which paragraphs a. and b. of this section apply be renewed, reissued, or modified <br />to contain an rl`tlurnt limitation or standard which is Irss stringent than required by applicable federal rtlluent guidelines in <br />effect at the time the pemtit is renewed, reissued, or modified. In no event may such a pcnnit to discharge into start waters <br />be renewed, reissued. or modified tit contain a lc5s stringent effluent limitation d'the intplenxntatimt of such lintitauon <br />would result in a violation of an applicable R'atCr quality standard. <br />17. $tSct of p •rmit f~_~cus^rS <br />a. The issuance of a permit does not convey any pmpeny rights or any exclusive privilege. <br />h. "I'he issuance of a pemtit does not authorize any in~ury to prison or property or any invasion of personal rights, nor duns it <br />authorize the infrin,ement of federal, stare, or loca laws or reeulations. <br />c. Except far any toxic eflluent standard nr pmhibitinn imposed undcv Scetiun 307 of tfie Frtlera{ act or any standard for <br />scwa^e sludge use or disposal under Section 405(d) of the Federal act, ~ompptiancr with a pemtit durine iLS term constitutes <br />comp~ianee, for purposes of enforcenteut. with Sections 30t, 302, 306, 3iR, 403, and ~t0>(al and (bj of the Federal act. <br />However, a pemtit mayy he modified, revoked and reissued, or tenninatrd daring it, temt for cause as set forth in ~ CCR <br />1002-G1 Section 61.8(Sj of the Colorado Aischarge Permit System Regulations. <br />d, Compliance with a pemtit condition which implements a particular standard for sewage sludge use ar disposal shall be mt <br />affirmative defense m any enforcement action brought for a viotmron of that standard }'or sewage sludge use or disposal. <br />