PERMFILE131397

• Permit No: C1981018A
• IBM Index Class Name: Permit File
• Doc Date: 10/20/2004
• Doc Name: Water Discharge Permit
• Section_Exhibit Name: Illustration 46
• Media Type: D
• Archive: Yes

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Permit No. CO-0038024
B. RESPONSIBILITIES
16, Antiharkclidi~o
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 rare application of a less stringent effluent ]imitation or standard at the
time of penni[issuance; or
iii. The Division determines that technical mistakes or mistaken interpretations of law were made in issuing the permit,
whichjustified relaxation of the effluent limitations or standards; or
iv. A less stringent effluent limitation or standard is necessary because of events over which the petmittee has no control
and for which there is not reasonable available remedy; or
v. The permittee has received a permit variance; or
vi. The pem»ttee has installed the treatment facilities requved 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 previous
effluent limitations, m which case, the limitations in the renewed, reissued, or modified permit may reflect the level
of poliutant control actually achieved (but shall not be less stringent than required by effluent guidelines in effect at
the time of penrilt renewal, reissuance, or modification).
b. A permit may not be renewed, reissued, or modified to contain effluent limitations adopted pursuant to 6 L8(2)(b) or (c) of
the Colorado Discharge Permit System Regulations that aze less stringent than the compazable effluent limitations in the
previous permit, unless any of the exceptions provided herein is met and the conditions of paragraph c. of this section are
me[.
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 d 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
in accordance with Section 31.6 of the Basic Standards.
ii. In waters where the applicable water quality standazd has been attained, etlluent limitations based on a total maximum
daily load, other waste load allocatoq or any other permitting standard (including any water quality standazd) may be
revised to be less stringent if such revision is subject to and consistent with the antfdegmdation provisions of Section
31.8 of the Basic Standards. Consistency with Secfion 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 standazd has been attained:
(A) Material and substantial alterations or addifions to the permitted facility occured after peanit 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 permittee has no control and for
which there is not reasonable available remedy; or
C) The pemilttee has received a pemrit variance; or
~D) The permittee has installed the treatment facilites required to meet the effluent limitatons in the previous pemvt
and has pprroperly operated and maintained the facilities but has never&teless been unable to achieve the previous
effluent Ihnitamons, m which case, the lhnitations in the reviewed, reissued, or modified pemvt 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 pemut renewal, reissuance, or modification).
c. In no event may a permit with respect to which pazagraphs a. and b. of this section apply be renewed, reissued, or modified
to contain an effluent limitation or standard which is less stringent than reqused by federal effluent guidelines in effect at the
time the permit is renewed, reissued, or modified. In no event may such a permit to discharge into state waters be renewed,
reissued, or modified to contain a less stringent effluent ]imitation if the implementation of such limitation would result in a
violation of an applicable water quality standazd.
I •
17. Fff t fP rmit Icenan e
a. The issuance of a permit does no[ convey any property rights or any exclusive privilege.
b. The issuance of a permit does no[ authorize any injury to person or property or any invasion of persona] 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 foc
sewage sludge use or disposal under Section 405(d) of the Federal act, compliance with a permit Burin its terrrt constitutes
compliance, for purposes of enforcement, with Sections 301, 302, 306, 318, 403, and 406(a) and (b~ of the Federal act.
However, a permit may be modified, revoked and reissued, or terminated during its term for cause as set forth in Section
61.8(8) of the Colorado Discharge Pemtit System Regulatons.
d. Compliance with a pemv[ condition which implements a particular standard for Sewage sludge use or disposal shall be an
aft-irnative defense in any enforcement action brought for a violation of that standard for sewage sludge use or disposal.