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PART Q Page No. 30 Permit No.: CO-0029599 B. RESPONSIBILITIES 16. Antibackslidfnt; • ' a. A ppermit mayy not be renewed, reissued, or modified to contain effluent limitations adopted pursuant to Section 25-8- 503(I)(b) (BPJ) of the Water Quality Control Act, which are less stringent than the comparable effluent limitations or standazds N the prevtous perm[[, unless any one of the fallowing exceptions is met and the conditions of paragraph (c} 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 limitations; or ii) Information rs available which was mot 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 sringent effluent 1unitation or standard at the time of permit issuance; or iii) The Division determines that technical mistakes or mistaken intetpretatioas 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 [he permittee has qo control and for which there is no[ reasonable available remedy; or v) The permittee bas received a permit variance; or vr) The permittee has installed the treatment facilities required to meet the effluent limitations in the previous permit and bas pproperly operated and maintained the facilities but has nevertheless been unable to achieve the previous effluent linuta[ions, m which case, the limitations in the renewed, reissued, or modified permit may reflect the level of pollutant control actually achieved (but shall not be less stringent than required by effluent guidelines in effect at the time of permit renewal, reissuance, or modification). b. A permit ma not be renewed, reissued, or modified to contain effluent limitations adopted pursuant to 61.8(2(b) or (c) of the Colorado Discharge Permit System Regulations that are less stringent than the comparable effluent . limitations itt 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 quality standard has not yet been attained, effluent limitations based on a total maximum daily load or other waste load allocation may be revised to be less stringent if the cumulative effect of all such revisions assures attainment of such water quality standard, or the designated use which is not being attained is removed w accordance with Section 31.6 of the Basic Standards. ii) [n waters where the applicable water yualiry standard has been anained, effluent limitations based on a total maximum daily load, other waste load allocation, or any other permitting standazd (including any water qual standard) may be revised to be less stringent if such revision rs subject to and consistent with the azttidegrada provisions of Sectiom 31.8 of the Basic Standards. Consistency with Section 3l .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 standazd 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 effluent limitations; or (B) A less stringeat effluent limitation is necessary because of events over which the permittee 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 itutalled the treatment facilities required to meet the effluent limitations in the previous pertrut and has properly operated and maintained the facilines but has nevertheless been unable to achieve the previous effluent lunitauons, m which case, the limitations in the reviewed, reissued, or modified ppeermit may reflect the level of pollutant control actually achieved (but shall not be less stringent than requ'ved by effluent guidelines in effect at the time of permit renewal, reissuance, or modification). c. 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 strmgeat than required by federal effluent gguidelines in effect at the time the permit is renewed, reissued, or modified. In no event may such a permit to dscharge into state waters be renewed, reissued, or modified to contain a less stringent effluent Iimrtatton rf the implementation of such limitation would result in a violation of an applicable water quality standazd. 17. ERect of Permit Issuance a. The issuance of a permit does not convey any propery 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 effluent standard or prohibition imposed under Section 307 of the Federal act or any standard for sewage sludge use or dis sal under Sectton 405(d) of the Federal act, compfiance with a permit during its term constitutes compliance, fo~purposes of enforcement, with Sections 301, 302, 306, 318, 403, and 405(a) and (b) of the Federal act. However, a permit may be modified, revoked and reissued, or terminated during its term for cause fork in Section 61.8(8) of the Colorado Discharge Penni[ System Regulations. d. ComPPfiance with a permit condition which implements a pariculaz standard for sewage sludge use or disposal shall be an afTirnative defense in any enforcement action brought for a vtolation of that standard for sewage sludge use or disposal.