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PART R Page No. 29 Permit No.: CO-0027146 13. Fees The permttee is required to submit payment of an annual fee as set forth in the 2002 amendments to the Water Quality Control Act. Section 25-8-502 (1) (b), and the Colorado Dischazge Pemrit System Regulations 5 CCR 1002-61, Section 61.15 as amended. Failure to submit the required fee when due and payable is a violation of the permit and will result in enforcement action pursuant to Section 25-8-601 et. seq., C.R.S. 1973 as amended. 14. Duration of Permit The duration of a pemtit shall be for a fixed term and shall not exceed five (5) years. Filing of a timely and complete application shall cause the expired permit to continue in force to the effective date of the new pemrit. 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 pennittee's discharge and such standazd or prohibition is more stringent than any limitation upon such pollutant in the discharge permit, the Division shall institute proceedings to modify or revoke and reissue the pemut to conform to the toxic effluent standard or prohibition. 16. Antibaclcslidine a. A perrnit may not be renewed, reissued, or modified to contain effluent limitations adopted pursuant to Section 25-8- 503(1)(b) (BP]) 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 the conditions of paragraph (c) of this section are mek 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) Lifomtation 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 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 standazd is necessary because of events over which the pemrittee has no control and for which there is not reasonable available remedy; or v) The permittee has received a permit variance; or vi) The perrrtittee 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 limitations in the renewed, 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 time of permit renewal, reissuance, or modification). b. A pemut may not be renewed, reissued, or mod~ed to contain effluent limitations adopted pursuant to 61.8(2(b) or (c) of the Colorado Discharge Pemtit 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 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 maximum daily load or other waste load allocation maybe revised to be less stringent if the cumulative effect 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 the Basic Standards. J 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) may be revised to be less stringent if such revision is subject to and consistent with the antidegradation INDperBP.doc Revised 09/15/03