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PART II <br />Page No. 27 <br />Permit No. CO-0036595 <br />B. RESPONSIBILITIES <br />~S. Section 307 Toxics <br />If a toxic effluent standazd or prohibition, including any applicable schedule of compliance specified, is established by <br />regulation pursuant to Section 307 of the Federal Act for a toxic pollutant which is present in the permittee's discharge <br />and such standazd or prohibition is more stringent than any limitation upon such pollutant in the discharge permit, the <br />Division shall institute proceedings to modify or revoke and reissue the permit to conform to the toxic 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(1)(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 following 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 permitted facility occurred after permit issuance which <br />justify the application of less stringent effluent limitations; or <br />ii. Information is available which was not available at the time of permit issuance (other than revised regulations, <br />guidance, or test methods) and which would have justified the application of a less stringent effluent limitation <br />or standazd 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 limitations or standazds; or <br />• iv. A less stringent effluent limitation or standard is'necessary because of events over which the pernaittee has no <br />control and for which there is not reasonable available remedy; or <br />v. The permittee has received a permit variance; or <br />vi. The permittee has installed the treatment facilities required to meet the effluent limitations is the previous permit <br />and has properly operated and maintained the 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 reflect the <br />level of pollutant control actually achieved (but shall not be less stringent than required by effluent guidelines in <br />effect at the «me of permit renewal, reissuance, or modification). <br />b. A permit may not be renewed, reissued, or modified to contain effluent limitations adopted pursuant to 6.9.2(2) or <br />(3) of the Regulations Cor the State Dischazge 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 [he applicable water quality standard has not yet been attained, effluent limitations based on a <br />total maximum daily load or other waste load allocation may be revised to be less stringent 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 Standazds. <br />ii. In waters where the applicable water quality standazd has been attained, effluent limitations based on a total <br />maximum daily load, other waste load allocation, or any other permitting standazd (including any water quality <br />standard) may be revised to be less stringent if such revision is subject to and consistent with the antidegrada[ion <br />provisions of Section 3.1.8 of the Basic Standards. Consistency with Section 3.1.8 shall be presumed if the <br />• waters in question have been designated by the Commission as 'use protected'; or <br />IMOV Mw~~Yr Il IM, <br />