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PART II Page No, 20 Permit No. COG-850b00 B. RESPONSIBILITIES 15. Section 307 Toxics If a toxic effluent standad or prohibition, including any applicable schedule of compliance specified, is established by regulat,,._. pursuant to Section 307 of the Federal Act for a toxic pollutant which is present in the perrnittee's dischazge 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 or prohibition. 16. Antibackslidine a. A permit tray not be renewed, reissued, or modified to contain effluent limitations adopted pursttani to Section 25-8-503(1)(b) (BP.n of the Water Quality Control Act, which aze less stringent than the comparable effluent limitations or standazds in the previous perrr»t, unless any one of the following exceptions is met and the conditions of paragraph c. of this section aze met: i. Material and substantial alterntions or additions to the permitted facility occurred afer permit issuance which justify the application of less stringent effluent limitations; or ii. Information is avaIlable which was not available at the time ofpemrit issuance (other than revised regulations, guidance, or test methods) and which wot8d have justified the application of a less stringent effluent hmitation or standard at the time ofpermit issuance; or iii. The Division determines that technical mistakes or mistaken interpretations of Iaw were made in issuing the permit, which justified relaxation of the effluent liaritations or standazds; or iv. A less stringent effluent limitation or standard is necessary because of events over which the 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 treatment facilities required to meet the effluent limitations in the previous permit and properly operated and maintained the facilities but has nevertheless been unable to achieve the previous effluent limitations, m 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 ofperaut 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 aze less stringent than the comparnble effluent limitations in the previous permit, unless any of the exceptions provided herein is met and the conditions of parngraph c. of this section aze met. i. In waters where the applicable water quality standard 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 standard, 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 inaximitm dally 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 antidegrndation 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 justifed the application of less stringent effluent limitations; or (B) A less stringent effluent limitation is necessary because of evenu over which the permitee 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 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 reviewed, 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 ofpennit renewal reissuance, or modification).