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PART II Page No. 26 Permit No. CO-0044776 ;; RESPONSIBII.ITIES 16. ~rttibaclislidine ii. Information 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 limitaiian or standazd at the time of permit issuance; or lli. 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 sandazds; or iv. A less stringent effluent limitation or standazd is necessary because of events over which the permittee has no - control and for which there is not reasonable available remedy; or v. The permittee has received a permit variance; or vi. The.permittee has installed Ste 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 permit may reflect the leve] of pollutant control actually achieved (but shall not be less stringent than requred by effluent guidelines in effect at the time of permit renewal, reissuance, or modification). b. A permit may not be renewed, reissued, or modified to contain effluent limitations adopted pursuant to Section 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 maximum daily load or other waste load allocation may be 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. ll. In waters where the applicable water quality standazd 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 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 pertnittee has no control and for which there is not reasonable available remedy; or (C} The permittee has received a permit vaziance; 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 previous effluent limitations,.in which case, the limitations in the reviewed, reissued, or modified permit tray 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, reissttance, or modification). _ . c. In no event may a permit with respect to which paragraphs a. and b. of this section apply be renewed, reissued, or modified to contain ad effluent limitation of standazd which is less stringent than required by federal effluent guidelines in effect at the time the permit is renewed, reissued, or modified. In no event may such a permit to dischazge into state waters be renewed, reissued, or modified to contain a [ess stringent effluent limitation if the implementation of such limitation would result in a violation of an applicable water quality standazd.