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PART II <br />Page No. 31 <br />Permit No. CO-0034142 <br />B. RESPONSIBILITIES <br />.16. Anhbackslidine (Continued) <br />i. In waters where the applicable water quality standard has not yet been attained, effluent ]imitations based on a <br />maximum daily load or other waste load allocation may be revised to be less stringent if the cumulative effect of all suc <br />revisions assures attainment of such water quality standard, or the designated use w ch is not being attained is removed in <br />accordance with Sectioa 31.6 of the Basic tandazds. <br />ii.-. In waters where the applicable water quality standard has been attained, eflluent ]imitations based on a total maximum <br />daily load, other. waste load allocation, or any other pemtitting standard (including any water. quality standazd) may be <br />revised to be less, stringent if such revision is subject to and consistent with the antidegradation provisions of Section 31.8 <br />of the Basic Standards. Consistency with Section 31.8 shall be presumed if the waters in question have,.been designated <br />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 justified <br />the application of less stringent effluent limitations; or <br />which there is not reasonable available remedy; or - - <br />( The petirtittee has received a pemtit varia>Ke; or ' ' ' • - i <br />(D~ The pemiittee has installed the treatment facilities requued to meet the effluent ]imitations in the previous permit and <br />has properly operated and maintained the facilities but has nevertheless been unable to achieve the .previous efllueat <br />limitations, m which case, the limitations in the reviewed, reissued, or modified ppermit may reflect the level of <br />pollutant control actually achieved (but shall not be less stringent than required by efl7uenY guidelines in efiec(at the <br />trrrie of permit renewal, rerssuance, or modification). ~~ _ . <br />c. In no event may a.pem»t with respect to which paragraphs a. sand b. of this section apply be renewed, reissued, or modified to <br />contain an effluent ]mutation or standard which is less strmgent than required by federal effluent guidelines in effect at the time <br />the permit is renewed, reissued, or modified. In no event may such a perrmt to discharge mto state waters be renewed, <br />reissued, or modified to contain a less stringent effluent limitation if the implementation of such ]imitation would result in a <br />violation of an applicable water quality standard. , <br />~IT. Effect of Pennif Issuance ' ' <br />a. 77ie 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 m ury to person or property or any mvasion of personal rights, nor d3~s it <br />authorize the infringement of federal, state, or local ~aws or regulations. <br />c. Except for any toxrc effluent standard or prohibition imposed tinder Section 307 of the Federal act or any standard for sewage <br />sludge use or disposal under Section 405(d) of the Federal act; compliance with a.permit during its term constitutes <br />.. . .- -•comphance, for purposes of enforcement,. with Sections 30I, 302, 306, 318, 403, and 405(a) and:' g) of-the Federal act. <br />-~ #lowever, a pernvt may be modified, revoked and reissued;.or temrinated during its term.for cause°as seY:forth in Section <br />67.8(81 of the Colorado Discharge Permit System Regulations: <br />d. Comp lance with a Permit condition which implements a particular standard for sewage sludge use or disposal shall be an <br />affirmative defense m any enforcement action brought for a violation of that standard for sewage sludge-use or disposal. <br />i. • <br />