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PART II <br />-Page No. 23 <br />PertmtNo.:CO-0038342 . <br />11. ReaewalAnplication ', ~~-~~ <br />If the permittee desires to continue to discharge, a permit renewal application shall be submitted at least one hundred eighty <br />(180) days before this permit expires. If the permittee anticipates there will be ao discharge after the expiration date of this <br />permit, the Division should be promptly notified so that it can terminate the permit is accordance with Part II.B.S. <br />12. Confidentiality <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 permittee, and which maybe acquired, ascertained, or discovered, whether in any sampling <br />investigation, emergency investigation, or otherwise, shall not be publicly disclosed by any member, officer, or employee of <br />the Commission or the Division, but shall be kept confidential. Any person seeking to invoke the protection of this <br />Subsection (12) shall beaz the burden of proving its applicability. This section shall never be interpreted as preventing full <br />disclosure of e$luent data. <br />13. Fees <br />The permittee is required to submit payment of an annual fee as set forth in the 2002 amendments to the Water Quality <br />Control Act. Section 25-8-502 (1) (b), and the Colorado Discharge Permit System Regulations 5 CCR 1002-61, Section 61.15 <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 perait's duration <br />maybe extended only through administrative extensions and not through interim modifications. <br />15. Section 307 Tonics <br />If a toxic effluent standazd or prohrbition, including any applicable schedule of compliance specified, is established by <br />regulation pursuant to Section 307 of the Federal Act for a toxic pollutant which is present in the permittee's dischazge and <br />such standazd or prohibition is more stringent than any ]imitation upon such pollutant in the discharge permit, the Division <br />shall institute proceedings to modify or revoke and reissue the pemit to conform to the toxic effiuent standazd or prohibition. <br />16. Antibacksliding <br />a. A pemrit may not be renewed, reissued, or modified to contain effluent limitations adopted pursuant to Section 25-8- <br />503(1)(b) (BPJ) of the Water Oualiry Control Acz, which aze less stringent than the comparable effluent limitations or <br />standazds in the previous pemut, unless any one of the following exceptions is met and the conditions of paragraph (c) of <br />this 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 effiuent limitations; or <br />ii} Information is available which was not available at the time of pemrit issuance (other than revised regulations, <br />guidance, or test methods) and which would have justified the application of a less stringent effluent limitation or <br />standazd 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 permit, <br />which justified relaxation of the effluent limitations or standards; or <br />iv) A less stringent effiuent limitation or standazd is necessary because of events over which the pemuttee has no control <br />and for which there is not reasonable available remedy; or <br />v) The permittee has received a permit vaziance; or <br />vi) The permittee bas installed the treannent facilities required to meet the effluent limitations in the previous permit and <br />has properly operated and maintained the facilities but has nevertheless been unable to achieve the previous effiuent <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 required by effluent guidelines in effect at tr <br />time of permit renewal, reissuance, 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 <br />the Colorado Dischazge Permit System Regulations that aze less stringent than the comparable effluent limitations in the <br />INDperBP.doc <br />D...(_.d /1R1ltOll~~ <br />