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HYDRO28507
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Entry Properties
Last modified
8/24/2016 8:47:42 PM
Creation date
11/20/2007 9:31:26 PM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
C1981010
IBM Index Class Name
Hydrology
Doc Date
7/1/1991
Doc Name
CDPS RATIONALE- AMENDMENT 1
Permit Index Doc Type
NPDES
Media Type
D
Archive
No
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PART I[ <br />Page No. 3 [ <br />Permit No. CO-0032115 <br />-,. RESPONSIBILITIES <br />I5. Section 307 Toxics <br />If a toxic efFluent standard or prohibition, including any applicable schedule of compliance specified, is established by <br />regulation pursuant to Section 307 of the Federal Act Cor a toxic pollutant which is present in the permittee's discharge <br />and such standard or prohibition is more stringent than any limitation upon such pollutant in the discharge permit, the <br />Division shall institute proceedings to modify or revoke and reissue the permit to conform to the tonic effluent standard <br />or prohibition. <br />16. Antihackslidine <br />(a) A permit may not be renewed, reissued, or modified to contain effluent limitations adopted pursuant to Section 25-8- <br />503(I)(b) (BPJ) of the Water Quality Control Act, which are less stringent than [he comparable effluent limitations <br />or standards in the previous permit, unless any one of the following exceptions is met and the conditions of <br />paragraph (c) of this section are met: <br />i. Material and substantial alterations or additions to the permitted facility occurred after permit issuance which <br />,justify the application of less stringent effluent limitations; or <br />ii. Information is available which was not available at the lime of permit issuance (other than revised regulations, <br />guidance, or test methods) and which would have justified the application of a less stringent effluent limitation <br />or standard at the time of permit issuance; or <br />iii. The Division determines that technical mistakes or mistaken interpretations of law were made in issuing the <br />permit, which justified relaxation of the effluent limitations or standards; or <br />iv. A less stringent efFluent limitation or standard is nuessary because of events over which the permittee has no <br />control and for which there is not reasonable available remedy; or <br />v. The petmittee has received a permit variance; or <br />vi. The permittee has installed the treatment facilities reyuired to meet [he effluent limitations in the previous permit <br />and has properly operated and maintained the facilities but has nevertheless been unable to achieve [he previous <br />effluent limitations, in which case, the limitations in the renewed, reissued, or modified permit may reflect the <br />level of pollutant control actually achieved (but shall not be less stringent than required by effluent guidelines in <br />etTut at the time of permit renewal, reissuance, or modification). <br />(h) A permit may not be renewed, reissued, or modifiuJ to contain efFluent limitations adopted pursuant to 6.9.2(2) or <br />(3) of the Regulations (or the State Discharge Permit System that are less stringent than the comparable effluent <br />limitations in the previous permit, unless any of the exceptions provided herein is met and the conditions of <br />paragraph (iii) of this section are met. <br />In waters where the applicable water quality standard has not yet been attained, efFluent limitations based on a <br />total maximum daily load or other waste load allocation tray be revised to be less stringent if the cumulative <br />effut of all such revisions assures attainment of such water quality standard, or the designated use which is not <br />being attained is removed in accordance with Section 3.1.6 of the Basic Standards. <br />ii. In waters wfiere tfie applicable water quality standard has been attained, effluent limitations based on a total <br />maximum daily load, other waste load allocation, or any other permitting standard (including any water quality <br />standard) may be revised to be less stringent i(such revision is subject to and consistent with the antidegradation <br />provisions of Section 3.1.8 of the Basic Standards. Consistency with Section 3.1.8 'shall he presumed if the <br />waters in question have been designated by the Commission as "use protected'; or <br />
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