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PART II Page No. 30 Permit No, CO-0034142 (Continued) If the pemrittee desires to continue to discharge, a permit renewal application shall be submitted at least orie hundred eighty (180) days before this permit expires. If the permittee anticipates there will be no discharge after the expiration date of this pemrit, the Division should be promptly notified so that it can terminate the pem»t in accordance with Part II.B.S.. 12. Confidentiality Any information relating to any secret process, method of manufacture or production, or sales or marketing data which has been declared confidential by the permittee, and which may be acquired, ascertained, or discovered,. whether in any sampling investigation, emergency investigation, or otherwise, shall not be publicly disclosed by any member, officer, or :employee of the Commission or the Division, but shall be kept confidential. Any person seeking to invoke the protection of this Subsection (12) shall beaz the burden of proving its applicability: This Becton shall never be interpreted as preventing full disclosure of effluent data. ~ , . . 13. Fees The perminee is req~ired'to submit: payment of an annual fee as set forth in the 1983 amendments to the. Water Quality Control Act. Section 25-8-502 (1) (b), and the Colorado Discharge Permit System Regulations 5 CGR ] 002-61, Section 6].15 as amended. Failure to submit the required fee when due and payable is a violation of the permit and will result in enforcement action pursuant to Section 25-8-601 et. seq., C.RS. 1973 as amended. 14. Duration ofPernrit , The duration of a permit shall be for a fixed term and shall not exceed five (5) years. Filing of a timely and complete application shall cause the expired permit to continue in force to the effective date of the new permit The.permit'sduration may be extended only through administrafive extensions and not through interim modifications. Section 307 Toxies If a toxic effluent standard or prolv'bition, including any applicable schedule of compliance specified, is established by regulation pursuant to Section 307 of the Federal Aa for a toxic pollutant which is present in the permittbe's discharge and such standard or prohibition is more stringent than any ]invitation upon such pollutant in the dischazge permit, the Division shall institute proceedings to modify or revoke and reissue the permit to conform to the toxic eflluent-standazd or.prohrbitioa , 16. Anubackslidintt a. A permit may. not be renewed, reissued, of modified to contain eflluenilimitations adopted pursuant to Section 25-8-503(lxb) (BPn of the Water Quality Control Act, which aze less stringent than the comparable effluent limitations or standazds in the prevrous permit, uriless any one of the following exceptions is met and the conditions of paragraph (c) of this section are met: i Material and substantial alterations or 2ddiHons to the permitted facility occurred after permit issuance which justify the application of less stringent effluent linriiations; or ,_ , - ,, 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 the application of a less stringent effluent limitation or standazd at the time of permit issuance; or iii. The Division determines that technical mistakes or rnistaken interpretations of law weze made in issuing the permit, which justified reiaxation of the effluent limitations or standards; or iv, A less stringent effluent limitation or standard -is necessary because of events over which the pem»ttee has no control and for which there is not reasonable available remedy; or . v. The permittee has received a permit variance; or vi. The petmittee has installed the treatment facilities required to meet the effluent ]imitations in the pprevious permit ant has properly operated and maintained the facilities but has neverheiess been unable to achieve the previous effluen lirnitatians, m which case, the limitations in the renewed, reissued, or rriodified permit may refleM the level o pollutant control actually achieved (but shall not be less stringent than iequired by effluent guidelines in effect at th- tune ofpemrit renewal, reissuance, or modification). b. A permit may not be renewed, reissued, or modified to contain effluent limitations adopted pursuant to 61.8(2)(b) or (e} ofth Colorado Discharge Pemmit System Regulations that are less stringent than the comparable effluent limitations rn the previor pemrit, unless any of the exceptions provided herein is met and the conditions of paragraph e. of this section are nxt.