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PART II Page No. 32 Permit No.: CO-0000132 previous permit, unless any of the exceptions provided herein is met and the conditions of pazagraph c. of this section are met. i) In waters where the applicable water quality standazd has not yet been attained, effluent limitations based on a total maximum daily load or other waste load allocation maybe revised to be less stringent if the cumulative effect of all such revisions assures attainment of such water quality standazd, or the designated use which is not being attained is removed in accordance with Section 31.6 of the Basic Standazds. ii) In waters where the applicable water quality standazd has been attained, effluent limitations based on a total maximum daily load, other waste load allocation, or any other pemritting standazd (including any water quality standazd) maybe revised to be less stringent if such revision is subject to and consistent with the antidegradation provisions of Section 31.8 of the Basic Standazds. Consistency with Section 31.8 shall be presumed if the waters in 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 to the permitted facility occurred after permit issuance which justified the application of less stringent effiuent limitations; or (B) A less stringent effiuent limitation is necessary because of events over which the pemtittee has no control and for which there is not reasonable available remedy; or (C) The permittee has received a permit variance; or (D) The permittee has installed the treatment facilities required to meet the effiuent limitations in the previous permit and has properly operated and maintained the facilities but has nevertheless been unable to achieve the previous effiuent ]iaritations, in which case, the limitations in the reviewed, reissued, or modified permit may reflect the level of pollutant control actually achieved,(but shall not be less stringent than required by effiuent guidelines in effect at the time of permit renewal, reissuance, or modification). o, In no event may a permit with respect to which paragraphs (a) and (b) of this section apply.be renewed, reissued, or modified to contain an effluent limitation or standard which is less stringent than required by federal effluent guidelines in effect at the time the permit is renewed, reissued, or modified. In no event may such a pemvt to discharge into state waters be renewed, reissued, or modified to contain a less stringent effluent limitaton if the implementation of such limitation would result in a violation of an applicable water quality standazd. 17. Effect of Permit Issuance a. The issuance of a permit does not convey any property rights or any exclusive privilege. b. The issuance of a permit does not authorize any injury to person or property or any invasion of personal rights, nor does it authorize the infringement of federal, state, or local laws or regulations. c. Except for any toxic effiuent standard or prohibi5on imposed under Section 307 of the Federal act or any standazd for sewage sludge use or disposal under Section 405(d) of the Federal act, compliance with a permit during its term constitutes compliance, for purposes of enforcement, with Sections 301, 302, 306, 318, 403, and 405(a) and (b) of the Federal act. However, a permit maybe modified, revoked and reissued, or terminated during its term for cause as set forth in Section 61.8(8) of the Colorado Dischazge Permit System Regulations. d. Compliance with a permit condition which implements a particulaz standard for sewage sludge use or disposal shall be an affirmative defense in any enforcement action brought for a violation of that standazd for sewage sludge use or disposal. Revised 07/22/04