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PART II Page No. 24 Permit No.: CO-0038776 14. Duration of Pemnt The duration of a permit shall be for a fixed term and shall not exceed five (5) yeazs. Filing of a timely and complete application shall cause the expired ermit to continue in force to the effective date of the new permit. TShe permit's duration may be extended only through admtnistraiPve extensions and not through interim modifications. 15. Section 307 Toxics If a toxic effluent standazd or prohibition, including any apppplicable schedule of compliance s ecified, is established by regulation pursuant to Section 307 of the Federal Act for a toxic po11u7ant which is present in the permi~tee's discharge and such standazd or prohibition is more stringent than any limitation upon such pollutant in the dischazge permit,, the Division shall institute proceedings o modify or revoke and reissue the permit to conform to the toxic effluent standazd or prohibmon. 16. Antibackslidine a. A emut may not be renewed reissued, or modified to contain effluent limitations adopted pursuant to Section 25-8-503(1)(b) (B~.iJ of the Water Quality G'ontrol Act which are less stringent than the compazable effluent lititations or standazds m thhe previous permit, unless any one of the following exceptions is met and the conditions of paragraph (c) of this section are met: i) Material and substantial alterations or additions to the permitted facility occurred afer pemut issuance which justify the application of less stringent effluent limitations; or ii) Information is available which was not available at the time of~iemut issuance (other than revised regulations, ~tiidance, or test methods) and which would have justified the application o a less stringent effluent limitation or standard a the time of pemrit issuance; or iii) The, Division determines that technical mistakes or mistaken interpretations of law were made in issuing the pemtit, which justified relaxation of [he effluent litmtations or standazds; or iv) A less stringent effluent limitation or standazd is necessary because of events over which the petmittee has no control and for which there is not reasonable available remedy; or v) The permittee has received a permit variance; or vi) b. A permit may no[ be renewed, reissued, or modified to contain effluent limitations adopted pursuant to 61.8(2(b) or (c) of the Colorado Dischazge Permit System Regulations that aze less stringent than the comparable effluent limitations in the previous permit, unless any of the exceptions provided herein is met and the conditions of pazagraph c. of this section aze met. i) In waters where the applicable water quality standazd has not yet been attained, effluent limitations based on a total maxunum daily load or other waste load allocation may be revised to be less striage~at if the cumulative effect of all such revisions assures attainment of such water uality standazd, or the designated use winch is not being attained is removed in accordance with Section 31.6 of the Basic S~andazds. ii) In waters where the a plicable water quality standazd bas been attained effluent limitations based on a total maximum daily load, other waste.loadp allocation; or any other perauttinQ standazd (inc(uding any water quality standard) may be revised to be less stringent if such revision is subject to and consisfent with the antidegradation provisions of Section 31.8 of the Basic Standards. Consistency with Section 31.8 shall be presumed if the waters m 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 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 no[ reasonable available remedy; or (C) The permittee has received a permit variance; or (D) The pemuttee has installed the treatment facilities required to meet the effluent limitations in the previous permit and has ~roperly operated and maintained the facilities but has nevertheless been unable to achieve the previous effluent limi bons m wluch.case the lunitahons m the reviewed, reissued, or modified permit ma reflect the level of pollutant control ac~uall achieved (but shall not be less stringent than required by .effluent guideylines in effect at the time of pemiit renewaly reissuance, or modification). a In no event may a pemdt with respect to which paragraphs (a) and (b) of this section apply be renewed) reissued or modified to contain an effluent limitation or standazd which is less stringent than required byy federal efl7uent guide fines in effect at the time the permit is renewed, reissued, or modified. In no event may such a permit to dischar a into state waters be renewed, reissued, or modified to contain a less stringent effluent limitation if the implementation of such lgunitahon would result in a violation of an applicable water quality standazd. 17. Effect of Pemrit Issuance a. The issuance of a permit does not convey any property rights or any exclusive privilege. b. The issuance.of a permit 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 standazd or prohibition imposed under Section 307 of the Federal act or any standard for sewage sludge use or disposal under Section 405(d) of the Federal act compfiance with a permit during its term constitutes compliance for purposes,of enforcement, with Sections 301, 302, 306, 31$, 403, and 405(a) and ((b) of the Federal act. However, a pemu( may be modified, revoked and reissued, or ternvnated during its temt for cause as sei forth in Section 61.8(8) of the Colorado Dischazge Permit System Regulations. d. Compliance with a,pemut condition which implements a particulaz standard for sewage sludge use or disposal shall be an affirmative defense m any enforcement action brought for a violation of that standazd for sewage sludge use or disposal. Revised 9/192004