2005-12-02_PERMIT FILE - C1981019

• Permit No: C1981019
• IBM Index Class Name: Permit File
• Doc Date: 12/2/2005
• Section_Exhibit Name: Exhibit 07 Item 02 CDPS Permit, SMP, SPCC Plan
• Media Type: D
• Archive: No

PAILT II
Page No. I S
Permix No.: CO-0045161
13. Fees
The permittee is re aired to submit payment of an annual fee as set forth in the 2002 amendments to the Water Quality Control Act.
• Section 25-8-502 (1~ (b), and the Colorado Discharge Permit System Regulations 5 CCR 1002-61, Section 61.15 as amended. Failure
[o submit the requue fee when due and payable is a violation of the permit and will result in enforcement action pursuant to Section
25-8-601 et. seq., C.R.S. 1973 as amended.
14. Duration of Perntit
The duration of a permit shall be for a fixed term and shall not exceed five (5) yeazs. Filin of a timely and complete application
shall cause the expired ermit to continue m force to the effective date of the new permit. ~he pemnt's duration may be extended
Drily through administrative extensions and not through interim modifications.
15. Section 307 Toxics
If a toxic effluea[ 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 perms ee's discharge and such standard or
pprohib>ton is more stringent than any ]tznitahon up on such pollutant in the discharge permit,, the Division shall institute proceedings
to modify or revoke and reissue the pertnit to confoim to the tonic effluent standard or prohibition.
16. Antibackslidine
a. A permit tray not be renewed reissued, or modified to contain effluent limitations adopted pursuant to. Section 25-8-503(1)(b)
(BYJ) of the Water Quality Control Act which aze less stringent than the comparable effluent I tahons or standards in thhe
previous permit, unless any one of the following exceptions is met and the conditions of paragraph (cam) of this section are met:
i) Material and substantial alterations or additions to the permitted facility occurred after permit issuance which justify the
application of less stringent effluent ]imitations; 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 of a less stringent effluent limitation of standard a[ the time of
permit issuance; or
iii) The, Division determines that technical rrustakes or mistaken interpretations of law were made in issuing the permit, which
jusnfied relaxation of the effluent Imitations or standards; or
iv) A less stringent effluent limitation or standard is necessary because of events over wMch the pennittee has no control and
for which there is not reasonable available remedy; or
v) The permittee has received a permit variance; or
vi)
•
]imitations in the previous permit and has
o achieve the revtous effluent limmtahons,
~flect the levelpof ppollutant control actually
in effect at the lmie of pemit renewal,
b. A permit may not be renewed, reissued, or modified to contain effluent limitations adopted pursuant to_61,8(2(b) or (c) of [he
Colorado Discharge Permmt System Regulations that are less stringent than the comparable effluent lumtatrons m [he previous
pemut, luiless any of the exceptions provided herein is met and the conditions of paragraph c. of this section are met.
i) In waters where the applicable water ~uality standard has not yet been attained, effluent limitations based on a total
maxunum daily load or other waste loa allocation ma be revised to be less stringent if the cumulative effect of all such
revtsions assures attainment of such water uality standard, or the designated use which is not being attained is removed in
accordance with Secnon 31.6 of the Basic S~andards.
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 permittingg standard (including anyy water quality standard) maybe revised to
be less stringent if such revision is subject to and constsfent with the antidegradation provisions of Section 31..8 of the Basic
Standards. Consistency with Section 31.8 shall be presumed if the waters m 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 [o the permitted facility occurred after pemilt issuance which justified
the application of less stringent effluent lizmtations; or
(B) tAheree is no geasonable ava~ilableoreu ed ;eorary because of events over which the pemtittee has no control and for which
(C) The pemvttee has received a pemut variance; or
(D) The permittee has installed the 4eatmegt facilities required [o meet the effluent limitations in the previous permit and
has properly operated and maintained the facilities but has nevertheless been unable to achieve the previous effluent
Isms anons, m which, case the limitations m the reviewed, reissued, or modified permit tnav reflect the level of pollutant
control actually achieved' (but shall not, be less stringent than required by effluent guide fines m effect at the time of
permit renewal, retssuance, or modtficatton).
c. In no event may a pemut with respect to which pazagraphs (a) and (b) of this section apply be renewed reissued or modified to
contain an effluent lirmtahon or standazd which is less stringent than required byy federal effluent guidelines m effect at the time
the permit is renewed, reissued,, or modified. In no event may such a permit to dischar a into state waters be renewed, reissued,
or modified to contain a less stringent effluent ]imitation if the implementation of such 1-imitation would result in a violation of an
applicable water quality standard.

Revised [fZ9fZ005