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PART II Page No. 27 Permit No.: CO-00321 IS The duration of a permit shall be for a fixed terrrt and shall not exceed five (5) yeazs. Filing of a timely and complete application shall cause the expued permit to continue in force to the effective date of the new permit. The permit's duration maybe extended only through administrative extensions and not through interim modifications. 15. Section 307 Toxics If a,toxic effluent standazd 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 pemrittee's dischazge and such standazd or prohibition is more stringent than any limitation upon such pollutant in the dichazge permit, the Division shall institute proceedings to modify or revoke and reissue the permit to conform to the toxic efluent standazd or prohibition. 16. Antibackslidin¢ a. A permit may not be renewed, reissued, or modified to contain effluent limitations adopted pursuant to Section 25-8- 503(1)(b) (BPJ) of the Water Quality Control Act, which are less stringent than the comparable effluent limitations or standazds in the previous permit, unless any one of the following exceptions is met and Ute conditions of pazagraph (c) of this section aze met: i) Material and substantial alterations or additions to the pemtitted 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 mistakes or mistaken interpretations 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 perinittee 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 requved 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 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 pemrit may not be renewed, reissued, or modified to contain effluent limitations adopted pursuant to 61.8(2(b) or (c) of the Colorado Discharge Pemvt System Regulations that are less stringent than the cotparable effluent limitations in the previous permit, unless any of the exceptions provided herein is met and [he conditions of pazagraph c. of this section are met. i) In waters where the applicable water quality standard has not yet been attained, efluent limitations based on a total maximum daily load or other waste load allocation maybe revised to be less stringent if dre 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 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 quality standard) 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 Cotmnission as "use protected' ; or iii) Whether or not the applicable water quality standard 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 permittee has no control and for which there is not reasonable available remedy: or