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PART II Page 39 Permit No. CO-0000221 B. RESPONSIBILITIES 16. Antibackslidine ii. lnfotma[ion is available which was not available at the time of permit issuance (outer than revised regulaziotts, 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 interpretazioat of law were made in issuing the permit, which justified relaxation of the effluent limitations or standards; 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 has properly operated and maintained the facilities but has nevertheless been unable to achieve the previous effluent limitations, in which case, the limitazions 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 permit renewal, reissuance, or modification). b. A permit may not be renewed, reissued, or modified to contain effluent limitations adopted pursuant to 6.9.2(2) or (3) of the Colorado Discharge Permit System Regulatiotts that are less stringent than the compsrable effluent limitations in the previous permit, unless any of the exceptions provided herein is met and the conditions of paragraph c. of this section are met. • i. In waters where the applicable water quality standard has not yet been attained, effluent limitations based on a total tnazimum daily load or other waste load allocation may be revised [o 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 3.1.6 of the Basic Standards. ii. In waters where the applicable water quality standard has been attained, effluent limitations based on a total maximum daily load, other waste load allocation, or any other permitting standard (including any water qualit}• standard) may be revised to be less stringent if such revision is subject to and consistent with the antidegradazion provisions of Section 3.1.8 of the Basic Standards. Consistency with Section 3.1.8 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 standard has been attained: (A) Material and substantial alterations or addi[ions to the permitted facility occurred afrer 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 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 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 [o 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 b}• effluent guidelines in effect at [he [ime of permit renewal, reissuance, or modifica[ion). c. In no event may a permit with respect to which paragraphs a. and b. of this section apply be renewed, reissued, or modified to contain an effluent limitation or standard which is less stringent than required by federal effluent guidelines in effect at the time the permit is renewed, reissued, or modified. In no event may such a permit to discharge into state waters be renewed, reissued, or modified to contain a less stringent effluent limitation if the implementation of such lirtti[ation would result in a violation of an applicable water quality standard.