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PART I[ <br />Page No. 32 <br />Permit No. CO-00321IS <br />RESPONSIBILITIES <br />16. Anlih:tckclidin <br />iii. Whether or not the applicable water quality standard haz been attained: <br />(A) Materia] and substantial alterations or additions to the permitted facility occurred after pe:rrtut tssuance <br />which justified the application of less stringent efluent limitations; or <br />(B) A less stringent effluent limitation is necessary because of events over which the petmittee has no control <br />and for which there is not reasonable available remedy; or <br />(C') The permittce has received a permit variance; or <br />(D) The permittce has installed the treatment facilities required to mcet the effluent limitations in the previous <br />permit and hes properly operated and maintained the facilities but has nevertheless been unable to achieve <br />the previous efluent limitations, in which case, the limitations in the reviewed, reissued, or modified permit <br />may reflect the level of pollutant control actually achieved (hut shall not be less stringent than required by <br />effluent guidelines in effect a[ the time of permit renewal, reissuance, or modification). <br />(c) In nu event may a permit with respect to which paragraphs (a) and (b) of this section apply be renewed, reissued, or <br />modified to contain an effluent limitation or standard which is less stringent than required by federal effluent <br />guidelines in effect at the time the permit is renewed, reissued, or modified. In no event may such a permit to <br />discharge into state waters he renewed, reissued, or modified to contain a less stringent effluent limitation if the <br />implzmentation of such limitation would result in a violation of an applicable water quality standard. <br />17. EI'1'ect ul' Petmif Issuance <br />n. The issuance of a permit does not convey any property rights or any excltuive privilege. <br />h. The issuance of a permit does not authorize any injury to person or property or any invasion of personal rights, nor <br />does it authorize the infringement of federal, slate, or local laws or regulations. <br />c. Except for any tonic effluent standard or prohibition imposed under Section 307 of the Federal act or any standard <br />for sewage sludge use or disposal under Section 405(d) of the Federal act, compliance with a permit during its term <br />constitutes compliance, for purposes of enforcement, with Sections 301, 302, 306, 318, 403, :md 405(a) and (b) of <br />the Federal act. However, a permit may be modified, revoked and reissued, or terminated during its term for cause <br />as set forth in Section 6.9.8 of the Regulations for the State Discharge Permit System. <br />d. Compliance with a permit condition which implements a particular standard far sewage sludge: use or disposal shall <br />he an affirmative defense in any enforcement action brought (or a violation of that standard for sewage slud~_e use or <br />disposal. <br /> <br />