2003-09-29_REVISION - M1977378 - Laserfiche WebLink

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Part II Page No. 21 Permit No.: CO-0027529 B. RESPONSIBILITIES i Material and substantial alterations or additions to the permitted facility occurred afrer 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 limitation or standard 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 the effluent limitations or standards; or iv. A less stringent effluent limitation or standazd is necessary because of events over which the pertnittee has no control and for which there is not reasonable available remedy; or v. The pemuttee has received a permit vaziance; or vi. 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 limttanons, 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 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 61.8(2)(b) or (c) of the Colorado Discharge Permit System Regulations that aze less stringent than the compazable effluent limitations in the previous permit, unless any of the exceptions provided herein is met and the conditions of paragraph c, of this section aze met. i. In waters where the applicable water quality standard has no[ 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 31.6 of the Basic Standards. ii. In waters where the applicable water quality standard has been attained, effluent limitations 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 antidegradauon provisions of Section ? t R of the Basic Standards. Consistency with Section 31.8 shall be presumed if the waters m question have been designated by the Commission as "use protected"; or iii. Whether or not [he applicable water quality standard has been attained: (A) Material and substantial alterations or additions to the permitted facility occurred afrer permit issuance which justified rite application of less stringent effluent limitations; or (B) A less stringent effluent limitation is necessazy because of events over which the pemilttee has no conuol and for which [here is apt reas^nable availzb'.e 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 permrt 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 conuol actually achieved (hut shall not be less stringent than required by effluent guidelines in effect at the time of permit renewal, reissuance, or modification). a. In no event may a permit with respect to which pazagraphs a. and b. of this section apply be renewed, reissued, or modified [o contain an effluent limrtation or standazd which is less stringgent than required by federal effluent guidelines in effect at the time the permit is renewed, reissued, or modited. In no event may such a permit to drscharge into state waters be renewed, reissued, or modified to contain a less suingent effluent limitation if the implementation of such limitation would result in a violation of an applicable water quality standazd. 17. Effect 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 mlury to person or property or any invasion of personal rights, nor does it 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 standazd for sewage sludge use or dis osal under Section 405(d) of the Federal act, tompliance with a pemtit during its term constitutes compliance, for purposes of enforcement, with Sections 301, 302, 306, 318, 403, and 405(a) and (b) of the Federal ac[. However, a pernut may be modified, revoked and reissued, or terminated during its term for cause as se[ forth in Section 61.8(8) of the Colorado Dischazge Permit System Regulations. 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 standazd for sewage sludge use or disposal.