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Part II Page No. 27 Permit No.: CO-0045225 b. A permit may not be renewed, reissued, or modified to contain effluent limitations adopted pursuant to 6.9.2(2) or (3) of the Regulations for the State Discharge Permit System that are less strineent 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 may be revised to be less stringent if the cumulative effect of all such revisions assures attainment of such water quality standard, or the designated use which is not being attained is removed in accordance with Section 3.1.6 of the Basic Standards. (2) In waters where the applicable water quality standard has been attained, effluent limitatiotu 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 provisions of Section 3.1.8 of the Basic Standards. Consistency with Section 3.1.8 shall be presumed if the waters in question have been designated by the Commission as "use protected'; or (3) Whether or not the applicable water quality standard has been attained: (a) Material and substantial alterations or additions to the permitted facility occurred aker 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 not reasonable available remedy; or (c) The permittee has received a permit variance; 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 may reflect the level of pollutant control actually achieved (but shall not be Tess str'mgent than required by efnuent guidelines in effect at the time of permit renewal, reissuance, 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 an effluent limitation or standard 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 [o discharge into stale waters be renewed, reissued, or modified to contain a less stringent effluent limitation if the implementation of such limitation would result in a violation of an applicable water quality standard. 17. $ffect of Permit 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 i[ authorize the infringement of federal, state, or local laws or regulations. c. Except for any toxic effluent standard 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 ac[, compliance with a permit during its term constitutes compliance, far purposes of enforcement, with Sections 301, 302, 306, 318, 403, and 405(a) and (b) of the Federal act. However, a permit may be modified, revoked and reissued, or terminated during its term for cause as set fords in Section 6.9.8 of the Regulations for the State Discharge Permit System. d. Compliance with a permit condition which implements a particular standard for sewage sludge use or disposal shall be an affirmative defense in any enforcement action brought for a violation of that standard far sewage sludge sue or disposal.