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PART II <br />Page No. 24 ; <br />Permit No.: CO-0038342 <br />previous pemrit, unless any of the exceptions provided herein is met and the conditions of paragraph c. of this section's :;:. <br />~;: _. <br />met. <br />i) In waters where the applicable water quality standazd has not yet been attained, effiuent limitations based on a total <br />maximum daily load or other waste load allocation maybe revised to be less stringent if the cumulative effect of all <br />such revisions assures attainment of such water quality standazd, or the designated use which is not being attained is <br />retnoved in accordance with Section 31.6 of the Basic Standards. <br />ii) In waters where the applicable water quality standazd has been attained, effiuent limitations based on a total <br />maximum daily load, other waste load allocation, or aay other permitting standard (including any water quality <br />standazd) maybe revised to be less stringent if such revision is subject to and consistent with the antidegtadation <br />provisions of Section 31.8 of the Basic Standazds. Consistency with Section 31.8 shall be presumed if the waters in <br />question have been designated by the Commission 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 <br />justified the application of less stringent effluent limitations; or <br />(B) A less stringent effluent limitation is necessary because of events over which the petmittee has no control and <br />.for which there is not reasonable available remedy; or <br />(C) The permittee has received a pemrit variance; or <br />(D) The permittee has installed the treatment facIlities required to meet the effluent limitations in the previous permit <br />and has properly operated and maintained the facilities but has nevertheless been unable to achieve the previous <br />effluent limitations, in which case, the limitations in the reviewed, reissued, or modified permit may reflect the <br />level of pollutant control actually achieved (but shall not be less stringent than required by effiuent guidelines in <br />effect at the time of permit renewal, reissuance, or modification). <br />c. In no event may a permit with respect to which pazagraphs (a) and (b) of this semen anpl., be rere~Ned. reissued, or <br />modified to contain an effluent limitation or standazd which is less stringent than required b~, federal effluent euidelinea <br />in effect at the time the permit is renewed, reissued, or modified. In no event may such a permit to discharge into state <br />waters be renewed, reissued, or modified to contain a less stringent effiuent limitation if the implementation of such <br />limitation would result in a violation of an applicable water quality standard. <br />17. Effect of Permit Issuance <br />a. The issuance of a permit does not convey any property rights or any exclusive privilege. <br />b. The issuance of a permit does not authorize any injury to person or property or any invasion of personal rights, nor does <br />it authorize the infiingement of federal, state, or local laws or re2nlations. <br />c. Except for any toxic effluent standazd or prohibition imposed under Section 307 of the Federal act or any standazd for <br />sewage sludge use or disposal under Section 405(d) of the Federal act, compliance with a permit during its term <br />constitutes compliance, for purposes of enforcement, with Sections 301, 302, 306, 318, 403, and 405(a) and (b) of the <br />Federal act. However, a permit maybe modified, revoked and reissued, or ternrinated during its ternr for cause as set <br />forth in Section 61.8(8) of the Colorado Discharge Permit System Regulations. <br />d. Compliance with a permit condition which implements a particular standard for sewage sludge use or disposal shall be an <br />affirmative defense in any enforcement action brought for a violation of that standard for sewage sludge use or disposal. <br /> <br />INL1PerHP.doc <br />Revised 06/09/04 <br />