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PART n <br />Page No. 26 <br />Petmit No. CO-0036684 <br />:. RESPONSIBII,ITIES <br />16. Antibackslidine <br />iii. Whether or not the applicable water quality standard haz been attained: <br />(A) Material and substantial alterations or additions to the permitted facility occurred after permit issuance <br />which justified the application of less stringen[ effluent limitations; or <br />(B) A less stringent effluent limitation is necessary because of events over which the petmittee has no control <br />and for which there is not reasonable available remedy; or <br />(C) The permittee haz received a permit variance; or <br />(D) The permittee haz installed the trea[men[ facilities required to meet the effluent limitations in the previous <br />permit and has properly opera[ed and maintained the facilities but has nevertheless been unable to achieve <br />the previous effluent limitations, in which caze, the limitations in the reviewed, reissued, or modified permit <br />may reflect the level of pollutant control actually achieved (but shall not be less stringent than required by <br />effluent guidelines in effect at the time of permit renewal, reissuance, or modification). <br />(c) In no event may a permit with respec[ to which paragraphs (a) and (b) of this section apply be renewed, reissued, or <br />modified to contain an effluent limitation or standard which is less stringent than required by federal effluent <br />guidelines in effect at the time the permit is renewed, reissued, or modified. In no event may such a permit to <br />discharge into state waters be renewed, reissued, or modified to contain a less stringent effluent limitation if the <br />implementation of such limitation would result in a violation of an applicable water quality standard. <br />17. E[fect of Permit Issuance <br />• a. The issuance of a permit does not convey any property rights or any exclusive privilege. <br />b. The issuance of a permit does not authorize any injury to person or property or any invazion of personal rights, nor <br />does it authorize the infringement of federal, state, or local laws or regulations. <br />c. Except for any toxic effluent standard or prohibition imposed under Section 307 of the Federal act or any standard <br />for sewage sludge use or disposal under Section 405(d) of the Federal act, compliance with a permit during its term <br />constitutes compliance, for purposes of enforcement, with Sections 301, 302, 306, 318, 403, and 405(a) and (b) of <br />the Federal act. However, a permit may be modified, revoked and reissued, or terminated during its term for cause <br />az set forth in Section 6.9.8 of the Regulations for the State Discharge Permit System. <br />d. Compliance with a permit condition which implements a particular standard for sewage sludge use or disposal shall <br />be an affirmative defense in any enforcement action brought for a violation oC that standard for sewage sludge use or <br />disposal. <br /> <br />ir.~oer n....en, i,. nrw <br />