PERMFILE126208

• Permit No: C1980007
• IBM Index Class Name: Permit File
• Doc Date: 6/24/2004
• Section_Exhibit Name: Exhibit 07 NPDES Permit
• Media Type: D
• Archive: No

eAxr u
Page No. 24
Permit No.: CO-0038776
14. Duration of Permit
The duration of a permit shall be for a fixed term and shall not exceed five (5) years. Filing of a timely and complete application
shall cause the expued ppermit to continue m force to the effective date of the new permit The permit's duration may be extended
only through administrative extensions and not through interim modifications.
15. Section 307 Toxics
If a toxic effluent standard or prohibition, including any a licable schedule of comp fiance specified, is established by regulation
pursuant to Section 307 of the Federal Act for a toxic pol~uptant which is present in the pemvttee's dischazge and such standard or
rolubrhon is more stringent than any limitation upon such pollutant in the discharge pernit,.tlie Divtsion shall institute proceedings
~o modify or revoke and reissue the permit to conform to the toxic effluent standard or prohibition
16. Antibackslidine
a. A permit may not be renewed reissued, or modified to contain effluent limitations adopted pursuant to Section 25-8-503(1)(6}
(BYJ) of the Water Quality Control Act which are less stringent than the compazable effluent limitations or standazds m e
previous permit, unless any one of the following exceptions is met and the conditions of pazagraph (c) of this section aze met:
t) appl ation of less mhagent effluent hmiYatot~noLO the permitted facility occurred after pemvt issuance wbich justify the
ii) Infomration is available which was not available at the time of etmit issuance (other than revised regulations, idance, or
test methods) and which would have justified the application otPa less stringent effluent limitation or standard a~the time of
permit issuance; or
iii) The. Division detemilnes that technical mistakes or mistaken interpretations of law were made in issuing the permit, which
justified relaxation of the effluent limitations or standazds; or
iv) A less stringent effluent limitation or standard is necessary because of events over which the permittee has~no control and
for which there is not reasonable available remedy; or
v) The permittee has received a pewit variance; or
vi) The
the
the
has
ssueq or
requued
at
b. A emit may not be renewed, reissued, or modified to contain effluent limitations adopted pursuant to,61.8(2(b) or (c) of the
Colporado Dischrge Pernit System Regulations that are less stringent than the comparable effluent iimrtations in the previous
permit, unless any of the exceptions provided herein is met and the conditions of paragraph c. of this section aze met.
i) In waters where the applicable water uality standard has not yet been attained, effluent limitations based on a total
maximum daily load or other waste loa~ allocation ma be revised to be less stringge~nt if the cumulative effect of all such
revisions assures attainment of such water quality standard, or the designated use wIvch is not being attained is removed in
accordance with Section 31.6 of the Basic Standards.
ii) In waters where the applicable water quality standard bas been attained] effluent limitations based on a total maximum daily
load, other waste. load allocation, or any other pemittin~ standard (inc uding any water quality standard) may be revised to
be less stringent if such revision is subject to and consis ent with the antidegrada ion provisions of Section 31.8 of the Basic
Standards. Consistency with Section 31.8 shall be presumed if the waters in question Gave been designated by the
Cortmtission 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 pemitted facility occurred after permit issuance which justified
the application of less stringent effluent limitations; or
(B) A less stringent effluent limitation is necessary because of events over which the pemittee has no control and for which
there is not reasonable aVaIlable remedy; or
(C) The pemittee has received a permit variance; or
(D) The permittee bas installed the treatment facilities required to meet the effluent limitations in the previous permit and
has properly operated and maintained the facilities but has nevertheless been unable to achieve the revious effluent
limitations m which case the limitations in the reviewed, reissued, or modified permit ma reflect the ~evel of pollutant
control acfttall achieved' (but shall not be less stringent than required by .effluent guidelines in effect at the time of
permit renewalYreissuance, or modification).
c. In no event may a permit with respect [o which pazagtaphs (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 byy, federal effluent guidelines in effect at the time
the permit is renewed, reissued, or modified. In no event may such a permit to dischaz a into state waters be renewed, reissued,
or modified to contain a less stringent effluent limitation if the implementation of such iiimitation would result in a violation of an
applicable water quality standard.
17, Effect of Permit Issuance
a The issuance of a pemrit 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.
of the Federal act or any standard for sewage
pewit during its term constitutes compliance
and (b) of the Federal act. However, a emuf
is set forth in Section 61.8(8) of the Colporado
d. Compliance with a pewit condition which implements a particulaz standard for sewage sludge use or disvoral shall be an
affimrative defense in any enforcement action brought for a violation of that standard for sewage sludge use or disposal.
Revised 4/19/2004