PERMFILE72825

• Permit No: C1994082
• IBM Index Class Name: Permit File
• Doc Date: 12/18/2006
• Doc Name: NPDES Permit
• Section_Exhibit Name: Tab 15 Appendix 15-1
• Media Type: D
• Archive: No

PART II
Page No. 44
Permit No.: CO-0002
12. Confidentiality
Any information relating to any secret process, method of manufacture or prod
been declared confidential by the petmittee, and which maybe acquired, ascerl
investigation, emergency investigation, or otherwise, shall not be publicly disci
the Commission or the Division, but shall be kept confidential. Any person sec
Subsection (12) shall bear the burden of proving its applicability. This section
disclosure of effluent data-
t, or sales or marketing data which has
or discovered, whether in any sampling
by any member, officer, or employee of
to invoke the protection of this
never be interpreted as preventing full
13. Fees
I
The permittee is required to submit payment of an annual fee as set forth in the 2005 amendments to the Water Quality
Control Act. Section 25-8-502 (1) (b), and the Colorado Discharge Permil System Regulations 5 CCR 1002-61, Section 61.1
as amended. Failure to submit the required fee when due and payable is a violahon'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 permit shall be for a fixed term and shall not exceed five (5) years. Filing of a timely and complete
application sha(I cause the expired permit [o continue in force to the effective date of the new permit. The permit's duration
may be extended only through administrative extensions and not through interim modifications.
15. Section 307 Toxics
If a toxic effluent standard or prohibition, including any applicable schedule of compliance specified, is established by
regulation pursuant [o Section 307 of the Federal Act for a toxic pollutant which is present in the petmittee's discharge and
such standard or prohibition is more stringent than any limitation upon such pollutant in the discharge permit, [he Division
shall institute proceedings to modify or revoke and reissue [he permit to conform to the toxic effluent standard or prohibition.
16. Antibackslidin2
•
a. A permit may not be renewed, reissued, or modified to contain effluent limitations adopted pursuant to Section 25-8-
503(1)(6) (BPI) of the Water Quality Control Act, which are less stringent than the comparable effluent limitations or
standards in the previous permit, unless any one of the following exceptions is' met and the conditions of paragraph (c) of
this section are met
i) Material and substantial alterations or additions to the permitted facility occurred after permit issuance which justify
the application of less stringent effluent limitations; or
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 ]imitation or
stamdard at the time of permit issuance; or
iii) The Division determines that technical mistakes or mistaken interpretations.of law were made in issuing the permit,
which justified relaxation of [he effluent limitations or standards; or
iv) A less stringent effluent limitation or standard is necessary because of everts over which [he 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 the treatment facilities required to meet the effuent limitations in [he 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 level of
pollutant control actually achieved (but shall not be less stringent than required by effluent guidelines in effect a[ 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 61.8(2(b) or (c) of
the Colorado Discharge Permit System Regulations that are 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 e. of this section a~
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 Toad allocation maybe revised to be les stringent if the cumulative effect of all
such revisions assures attaimnent of such water quality standard, or the designated use which is not being attained is
removad in accordance with Section 31.6 of the Basic Standards.
ii) In waters where the applicable water quality standard has been attained, effluent limitations based on a total
mnximwn daily load, other waste load allocation, or any other permitting s~andard (includine any water quality