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PART II <br />Page No. 25 <br />Permit No. COG-850000 <br />RESPONSIBILITIES <br />15. Section 307 Toxics <br />If a tonic effluen[ standard or prohibition, including any applicable schedule of compliance specified, is established by <br />regulation pursuant [o Section 307 of the Federa] Act for a toxic pollutan[ which is present in the permittee's dischazge <br />and such standazd or prohibition is more stringent than any limitation upon such pollutant in the discharse permit, the <br />Division shall insti[ute proceedings to modify of revoke and reissue the permit to conform to the tonic effluent standard <br />or prohibition. <br />16. AntibackslidinE <br />a. A permit may not be renewed, reissued, or modified to contain effluent limitations adopted pursuant to Section 25-8- <br />503(])(b) (BPJ) of the Water Quality Control Act, which are less stringent than the comparable effluent limitations <br />or standards in the previous permit, unless any one of the followins exceptions is met and the conditions of <br />paragraph c. of this section are met: <br />i. Material and substantial alterations or additions to the permi«ed facility occurred afrer permit issuance which <br />justify the application of less stringent effluent limitations; or <br />ii. Information is available which uas no[ available a[ the time of permit issuance (other [han revised regula[ions, <br />euidance, or tut methods) and which would have justined the application of a less svin_eent etflcent limitation <br />or standard at the time of permit issuance; or <br />iii. The Division determines that technical mistakes or mistaken interpretations of law were made in issuing the <br />permit, which justified relaxation of the effluent litnitatiotu or standards; or <br />iv. A less stringen[ effluent limitation or standard is necessary because of events over which the pertni«ee has no <br />control and for which there is not reasonable available remedy; or <br />v. The permtttee has received a permit variance; or <br />vi. The petminee has installed the treatment facilities required to meet the effluent limitations in the previous permit <br />and has properly operated and maintained [he facilities but has nevertheless been unable to achieve the previous <br />effluent limitations, in which case, the limitations in the renewed, reissued, or modified permit may reflec[ the <br />level of pollutant control actually achieved tout shall not be less stringent than required by effluent guidelines in <br />effect at the time of pet~rrit renewal, reissuance, or modification). <br />b. A permit tray not be renewed, reissued, or modified to contain effluent limitations adopted pursuant to 6.9.2(2) or <br />(3) of the Regulatioru for the State Discharge Permit System that are less stringent than the comparable effluent <br />limitations in the previous permit, unless any of the exceptions provided herein is met and the conditions of <br />paragraph c. of this section are met. <br />In waters where the applicable water quality sraadazd has no[ yet been attained, effluent limita[iotts based on a <br />total maximum daily load or other waste load alloca[ion may be revised to be lus stringen[ if the cumulative <br />effect of all such revisions assures attainment of such water quality standard, or the designated use which is not <br />being attained is removed in accordance with Section 3.1.6 of the Basic Standards. <br />ii. In waters where the applicable water quality standazd has been attained, effluent litnita[ions based on a [oral <br />maximum daily load, other waste load a!]owtidn, or aay other permitting standard (indudin¢ any water quality <br />standard) may be revised [o be less stringent if such revision is subject to and consisten[ with the antidegradation <br />provisions of Section 3.1.8 of the Basic Standards. Consistenry with Sectioa 3.1.8 shall be presumed if the <br />waters in question have been designated by [he Commission as "use protected"; or <br />