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PART It <br />Page Na 20 <br />Permit No. COG-850060 <br />B. RESPONSIBILITIES <br />15. Section 307 Toxics <br />• <br />If a toxic effluent standard or prohibition, including any applicable schedule of compliance specified, is established by regutarion <br />pursuant to Section 307 of the Federal Act for a toxic pollutant which is present in the permittee's dischazge and such standazd or <br />prolbition is more stringent than any limitation upon such pollutant in the dischazge permit, the Division shall institute proceedings to <br />modify or revoke and reissue the permit to conform to the toxic effluent standazd or prohibition. <br />16. Anribackslidine <br />a. A permit may not be renewed, reissued, or modified to contain effluent limitations adopted pursuant to Section 25-8-503(1)(b) (BPJ) <br />of the Water Quality Control Act, which aze less stringent than the comparable effluent limitations or standards in the previous <br />permit, unless any one of the following exceptions is met and the conditions ofpazagraph c. of this section aze met: <br />i. Material and substantial alterations or additions to the permitted facility occurred after permit issuance which justify the <br />application of less stringent effluent limitations; or <br />ii. Information is available which was not available at the time of pemrit issuance (other than revised regulations, guidance; or test <br />methods) and which would have justified the application of a less stringent effluent limitation or standard at the time of permit <br />issuance; or <br />iii. The Division determines that technical mistakes or mistaken interpretations of law were made in issuing the permit, which <br />justified relaxation of the effluent limitations or standazds; or <br />iv. A less stringent effluent limitation or standard is necessary because of events over~which the permittee has no control and for <br />which there is not reasonable available remedy; or <br />v. The perarittee has received a permit variance; or <br />vi. The permittee has installed the treatment facIliries required to meet the effluent limitations in the previous perarit an• s <br />properly operated and maintained the facilities but has nevertheless been unable to achieve the previous effluent limitations, in <br />which case, the liantations in the renewed, reissued, or modified permit may reflect the level of pollutant control actually <br />achieved (but shall not be less stringent than requiredby effluent guidelines in effect at the time ofpermifrenewal, reissuance„ <br />or modification). <br />b. A permit may not be renewed, reissued, or modified to contain effiuent limitations adopted pursuant to 61.8(2)(b) or (c) of the <br />Colorado Discharge Permit System Regulations that ate less stringent than the comparable effiuent limitations in the previous permit, <br />unless any of the exceptions provided herein is met and the con 'eons of paragraph c. of this section aze met. <br />i. In waters where the applicable water quality standazd has not yet been attained, effiuent limitations based on a total maximum <br />daily load or other waste load allocation may be revised to be less stringent if the cumulative effect of all such revisions assure:: <br />attainment of such water quality standazd, or the designated use which is not being attained is removed in accordance witk, <br />Section 31.6 of the Basic Standards. <br />ii. In waters where the applicable water quality standazd has been attained, effluent limitations based on a total maximum daily <br />load, other waste load allocation, or any other permitting standazd (including any water quality standazd) maybe revised to br <br />less stringent if such revision is subject to and consistent with the aatidegradation pprovisions of Section 31.8 of the Basic <br />Standazds. ConsistencywithSection3l.SshallbepresumedifthewatersinquestionhavebeendesignatedbytheCommission <br />as "use protected"; or <br />iii. Whether or not the applicable water quality standazd has been attained: <br />(A) Material and substantial alterations or additions to the permitted facility occurred after permit issuance which justified the <br />application of less stringent effluent limitations; or <br />(B) A Less stringent effluent ltmitation is necessary because of events over which the pennittee has no control and for whicl <br />there is not reasonable available remedy; or <br />(C) The permittee has received a permit variance; or <br />(D) The permittee has installed the treatment facilities required to [Heel the effiuent limitations in the previous permit and hay <br />properly operated and maintained the facilities but has nevertheless been unable to achieve the previous effiuent <br />m which case, the limitations in the reviewzd, reissued, or modified permit may reflect the level of pollutant <br />actually achieved (but shall not be less stringent than required by effluent guidelines in effect at the time ofpermit renewal, <br />reissuance, or modification). <br />