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PART lI <br />Page No. 44 <br />Permit No.: CO-0002 <br />12. Confidentiality i ' <br />Any information relating to any secret process, method of manufacture or production, or sales or marketing data which has <br />been declared confidential by the pernittee, and which may be acquired, ascertained, or discovered, whether in any sampling <br />investigation, emergency investigation, or o[henvise, shall not be publicly disclos~d by any member, officer, or employee of <br />the Commission or the Division, but shall be kept confidential. Any person seeking [o invoke the protection of this <br />Subsection (12) shall bear the burden of proving its applicability. This section shall never be interpreted as preventing full <br />disclosure of effluent data. <br />13. Fees <br />The permittee is required to submit payment of an amoral fee as set forth in the 2005 amendments to the Water Quality <br />Control Act. Section 25-8-502 (I) (b), and the Colorado Discharge Permit Sys[em~Regulations 5 CCR 1002-61, Section 61.h <br />as amended. Failure to submit the required fee when due and payable is a violation' of the permit and will result in <br />enforcement action pursuant to Section 25-8-601 et. seq., C.R.S. 1973 as amended ~ ~, <br />14. Duration of Permit <br />The duration of a permit shall be for a fixed term and shall not exceed five (5) years. Filing of a timely and complete <br />application shall cause the expired permit to continue in force to the effective date of the new permit. The permit's duration <br />may be extended only through administrative extensions and not through interim modifications. <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 [o Section 307 of [he Federal Ac[ for a toxic pollutant which is present in the permittee's discharge and <br />such standard or prohibition is more stringent than any limitation upon such pollutfmt in the discharge permit, the Division <br />shall institute proceedings to modify or revoke and reissue [he permit to conform to the toxic effluent standard or prohibition. <br />16. Antibackslidint3 <br />• <br />a. A permit may not be renewed, reissued, or modified to contain effluent limitations adopted pursuant to Section 25-8- <br />503(1)(6) (BPJ) of the Water Quality Control Act, which are less stringent than she comparable effluent limitations or <br />standards in the previous permit, unless any one of the following exceptions is met and the conditions of paragraph (c) of <br />[his section are met: <br />i) Material and substantial alterations or additions to the permitted facility occurred after permit issuance which justify <br />the application of less stringent effluent limitations; or <br />ii) Information is available which .vas not available at the time of permit issu:mce (other than revised regulations, <br />guidance, or test methods) and which would have justified the application of a less stringent effluent limitation or <br />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.pennit, <br />which justified relaxation of the eftlueut limitations or standards; or - <br />iv) A less stringent effluent limitation or standard is necessary because of event's over which [he permittee has no control <br />and for which there is not reasonable available remedy; or <br />v) The pernrittee has received a permit variance; or ~.. <br />vi) The permittee has installed the [reahnent facilities required to meet the effluent limitations in the previous perntit and <br />has properly operated and maintained the facilities but has nevertheless bern unable to achieve the previous effluent <br />limitations, in which case, the limitations in the renewed, reissued, or modified permit may reflect the level of <br />pollutant control actually achieved (but shall not be less stringent than regdired by efluent guidelines in effect at the <br />time of permit renewal, reissuance, or modification). <br />b. A permit may not be renewed, reissued, or modited to contain effluent limitations adopted pursuant to 61.8(2(6) or (c) of <br />the Colorado Discharge Permit System Regulations that are less stringent than the comparable effluent limitations in the <br />previous perntit, unless any of the exceptions provided herein is me[ and [he conditions of paragraph e. of this section a~ <br />me[. <br />i) In waters where the applicable water quality standard has not yet been attaited, effluent limitations based on a total <br />tnaximum daily load or other waste load allocation may be revised to be leis stringent if the cumulative effect of all <br />such revisions assures attaimnenl of such water quality standard, or the designated use which is not being attained is <br />removed in accordance with Section 31.6 of the Basic Standards. <br />ii) <br />I <br />lu waters where the applicable water quality standard has been attained, efC <br />maximum daily load, other waste load allocation. or any other perntittinu st~ <br />limitations based on a total <br />d (including any water quality <br />