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B. RESPONSIBILTTiES lti. Antbac Aiding PART II Page No. 26 Permit No. CO-004~i776 • ii. Information is available which was not available at the time of permit issu:mce (other than revised rt.gulatiost, 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 iu. The Division determines that technical mistakes or mistaken interpretation, of law were made in isstting 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 permittee has received a permit variance; or vi. The.pettttittee Las installed the treatment facilities required to meet the effluem limitations in the previous permit and Las propcrly 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 ttte level of pollutant control actually achieved (but shall not be less stringem than required by effluent guidelines in effect at the time of permit renewal, reissuance, or modification). b. A permit tray not be renewed, reissued, or modified to contain effluent limitations adopted putsuaat to Section 61.8(2)(b) or (c) of the Colorado Discharge Permit System Regulations that aze less stringent than the compazable effluent limitations in the previous permit, uNess 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 tray be revised to be less stringem if the cwnuladve refect of all such revisions assures attainment of such water quality standazd, or the designated use which is not being attained is removed in accordance with Section 31.6 of dre 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 standazd (including any water quality standazd) may be 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 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 dre permitted facility occurred after permit issuance which justified the application of less stringent effluent limitations; or (B) A less stringent effluent ]imitation 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 to achieve the previotu effluen[ 1'rmi[atioas, in which case, the limitations in the reviewed, reissued, or modified pertnit may reflect the level of poltutan[ control actually achieved (but shall no[ be less stringent than required by effluent guidelines in effect at the time of permit renewal, reissuance, or modification). c. In no event may a permit with respect to which pazagraphs a. and b. of this section apply be renewed, reissued, o~ modified [o contain an effluent limitation or standard which is less stringent than required by federal effluen[ guidelines in effect at the time the permit is renewed, reissued, or modified. In no event may such a permit ro dscLarge into state waters be renewed, reissued, or modified to contain a less stringent effluent limitation if the implementation of such limitation would result is a violation of an applicable water quality standazd.