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, P9RT 11 , Pa@e No. 2(1 Permit No. COG-850000 RESPONSIBILITIES 15. Section 307 Toxics If a toxic effluent standard or prohibition, including any applicable schedule of compliance specified, is established by regulation pursuant to 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, the Division shall institute proceedings to modify or revoke and reissue the permit to conform to the toxic effluent standard or prohibition. 16. Annbackslidine a. A permit tnay not be renewed, reissued, or modified to contain effluent limitations adopted pursuant to Section 25-8-503(1)(b) (BPn of the Water Quality Control Act, which are less stringent than the comparable effluent limitations or standards in the previous pemtit, unless any one of the following exceptions is met and the conditions of paragraph c. of this section are met: i. Material and substantial aherations or additions to the pemtitted 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 ofa less stringent effluent limitation or standard at the rime 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 standazds; or iv. A less stringent effluent limitation or standard 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 pem»nee has installed the treatment facilities required to meet the effluent limitations in the previous permit and 1, properl y operated and maintained the facilities but has nevertheless been unable to achieve the previous effluent limitations, m which case, the ]imitations in the renewed, reissued, or modified permit may reflect the level of pollutant control actually achieved (but shall not be less stringent than requved 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 are less stringent than the compazable effluent ]imitations in the previous permit, unless any of the exceptions provided herein is met and the condmons of paragraph c. of this section aze me[. i. In waters where the applicable water quality standard has not yet been attained, effluent limitations based on a tots] maximum daily load or other waste load allocation may be revised to be less stringent ifthe cumulative effect of al] 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 antidegradation provisions of Section 31.8 of the Basic Standards. 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 standard has been attained: (A) Material and substantial alterations or additions to the pemritted facility occurred afrer permit issuance which justified the application of less stringent effluent limitations; or (B) A less stringent effluent ]imitation 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 perminee has installed the treatment facilities required to meet the effluent ]imitations in the previous permit and has properly operated and maintained the facilities but has nevertheless been unable to achieve theprevious effluent ]imitations, m which case, the limitations in the reviewed, reissued, or modified permit may reflect the level of pollutant co actually achieved (but shall not be less stringent than required by effluent guidelines in effect at the time ofpermit ten reissuance, or modification).