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PART II <br />Page No. 25 <br />Permit No. CO-0036684 <br />B. RESPONSIBII.ITIES <br />15. Section 307 Toxics <br />If a toxic effluent standard or prohibition, including any applicable schedule of compliance specified, is established by <br />regulation pursuant to Section 307 of the Federal Act fora [oxic pollutant which is present in the permittee's discharge <br />and such standard or prohibition is more stringent than any limitation upon such pollutant in the discharge pertni[, the <br />Division shall institute proceedings [o modify or revoke and reissue the permit to conform to the toxic effluent standard <br />or prohibition. <br />16. Antibackslidine <br />(a) A permit tray not be renewed, reissued, or modified to contain effluent limitations adopted pursuant to Section 25-8- <br />503(1)(b) (BPn of the Water Quali[y Control Act, which are less stringent than the comparable effluent limitations <br />or standazds in the previous permit, unless any one of the following exceptions is met and the conditions of <br />paragraph (c) of this section are me[: <br />i. Material and substantial altera[ions or additions to the permitted facility occurred aher 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 [he application of a less stringen[ effluent 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 litni[a[ions or standards; or <br />iv. A less stringent effluen[ limitation or standard is necessary because of events over which the permittee 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 petmi[[ee has installed the trea[ment facilities required to mee[ the effluent limitations in 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 ac[ually achieved (but shall no[ be less stringent than required by effluen[ guidelines in <br />effect at the time of permit renewal, reissuance, or modification). <br />(b) A pertni[ may not be renewed, reissued, or modified [o contain effluen[ littti[ations adopted pursuant to 6.9.2(2) or <br />(3) of the Regina[ions for the Stale Discharge Petmit System that are less stringent than [he comparable effluent <br />limitations in the previous permit, unless any of the exceptions provided herein is met and the conditions of <br />paragraph (iii) of this section are met. <br />i. In waters where the 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 Standards, <br />ii. In waters where the applicable water quality standard has been attained, effluent limitations based on a total <br />maximum daily load, other waste load allocation, or any other permitting standard (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 pro[ected"; or <br />woo h".ms, ~". iw <br />