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:....,;: B. RESPONSIBILITIES 16. Antibackslidin2 PART II Page No. 29 PermitNo.; CO-0032638 a. A ppermit may not be renewed, reissued, or modified to contain effluent limitations adopted pursuant to Section 25-8- 503(1)(b).(BP7) of the Water Quality Control Act, which aze less stringent than the comparable effluent limitations or standards m the previous pemit, unless any one of the following exceptions is met and the conditions of paragraph (c) of this section aze met: i) Material and substantial alterations or additions to the pemrftted facility occurred after pemtit issuance which justify the application of less stringgent effluent limitations; or ii) Information rs available wltich 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 lirmtation or standazd at the time of pemrit 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 perntittee has no control and for which there is not reasonable available remedy; or v) The permiee has received a permit variance; or vt) The pemrittee has installed the treatment facilities required to meet the effluent limitations in the previous permit and has properly,operated and maintained the facilifies but has nevertheless been unable to achieve the previous effluent limitations, m which case, the limitations in the renewed, reissued, or modified pemtit may reflect the level of pollutant control actually achieved (but shall not be less stringent than required by effluent guidelines in effect at the tune of permit 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 Drscharge Pemut System Regulations that are less. stringent than the compaable effluent lirmtahons m the previous permit, unless any of the exceptions provided herein is met and the conditions of paragraph 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 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) ma be revised to be less stringent if such revtsron is subject to and consistent with the antidegradation provisions ofySection 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 standard has been attained: (A) Material and substantial alterations or additions to the pemritted facility occurred after permit issuance which lustified the application of less stringent effluent limitations; or (B) A less stringent effluent limitation is necessary because of events over which the pernrittee has no control and for which there is not reasonable available remedy; or C The pemvttee has received a permit variance; or ~D~ The perrmttee has installed the treatment facilities required to meet the effluent limitations in the previous permit and has pproperly operated and maintained the facilities but has nevertheless been unable to achieve the prevrous effluent lirmtations, m which case, the limitations in the reviewed, reissued, or modified pemrit may reflect the level of pollutant control actually achieved (but shall not be less stringent than required by effluent guidelines in effect at the ttme of pemilt renewal, reissuance, or modification). c. In ao 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 lirmtation or standard which is Less stringent thahrequired by federal effluent guidelines in effect at the 6me the pemrit is renewed, reissued, or modified. In no event may such a permit to dischazge into state waters be renewed, reissued, or modified to contain a less stringent effluent limitafion tf the implementation of such limitation would result in a vrolation of an applicable water quality standard. 17. Effect ofPermit Issuance a. The issuance of a permit does not convey any property rights or any exclusive privilege. b. The issuance of a ermit does not authorize any injury to person or property or any invasion of personal rights, nor does it authorize the infringement of federal, state, or local laws or regulations. c. Except for any toxic effluent standard or prohibition imposed under Section 307 of the Federal act or any standard for sewage sludge use or disposal under Secton 405(d) of the Federal act, compliance with a permit during its term constitutes compliance, for purposes of enforcement, wrth Sections 301, 302, 306, 318, 403, and 405(a) and (b) of the Federal act. However, a ernut may be modified, revoked and reissued, or terminated during its term for cause as set forth in Section 61.8(8) ofpthe Colorado Dischazge Perznit System Regulations. d. Compliance with a pemilt condition which ' ]ements a particular standard for sewage sludge use or disposal shall be an affirmative defense in any enforcement action brought for a violation of that standard for sewage sludge use or disposal.