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PART 11 <br />Page No. 30 <br />permit No. COG-850000 <br />i. Material and substantial alterations or additions to the permitted facility occurred after permit issuance which <br />justify the application of less stringent effluent limitations; or regul ii. Information is available which was not available at the time permit issuance ma l (other <br />stringent revised effluent limitation or <br />guidance, or test methods) and which would have justified the application <br />standard 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 <br />permit, which justified relaxation of the effluent limitations or standards; or <br />iv. A less stringent effluent limitation or standard is necessary because of events over which the permittee has no <br />control and for which there is not reasonable available remedy; or <br />v. The permittee has received a permit variance; or uent <br />in the <br />unable to achieve the prey oust <br />revious vi. The rope has installed the tamed the facilities ut has evertheless been limitations <br />and has has properly operated and <br />effluent limitations, in which case, the limitations in the renewed, reissued, or modified permit may reflect the <br />level of pollutant control actually achieved (but shall not be less stringent than required by effluent guidelines in <br />effect at the time of permit renewal, reissuance, or modification). <br />b. A permit may not be rem%ewed, reissued, or modified to contain effluent limitations adopted pursuant to 61.8(2)(b) or <br />(c) of the Colorado Discharge Permit System Regulations that are less stringent than the comparable effluent <br />limitations in the previous permit, unless any of the exceptions provided herein is met and the conditions of paragraph <br />c. of this section are met. <br />i. In waters where the apt plicable water quality standard has not yet been attained, effluent limitations based on a <br />ualitrevised to be les y standard, or the designated uselw <br />effect which is not <br />total maximum all such visions assures attainment of such water y be <br />being attained is removed in accordance with Section 31.6 o the Basic Standards. <br />ii. In waters where the applicable water quality standard has been attained, effluentlimitations based water quality <br />maximum daily load, other waste load allocation, or any other permitting standard (including any <br />standard) may be revised to be less stringent if such revision is subject to and consistent with the antidegradation <br />provisions of Section 31.8 of the Basic Standards. Consistency roith Section 31.8 shall be presumed if the waters <br />question have been designated by the Commission as us p <br />iii. Whether or not the applicable water quality standard 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 permittee has no control and <br />for which there is not reasonable available remedy; or <br />(C) The permittee has received a permit variance; or <br />(D) The pernnttee has installed the treatment facilities required to meet the effluent limitations in the previous <br />permit and has properly operated and maintained the facilities but has nevertheless been unable to achieve the <br />previous effluent limitations, in which case, the limitations in the reviewed, reissued, or modified permit may <br />reflect the level of pollutant control actually achieved (but shall not be less stringent than required by effluent <br />guidelines in effect at the time of permit renewal, reissuance, or modification). <br />c. In no event may a permit with respect to which paragraphs a. and b. of this section apply be renewed, reissued, or <br />modified to contain an effluent limitation or standard which is less stringent than required by federal effluent <br />guidelines in effect at the time the permit is renewed, reissued, or modified. In no event may such a permit to <br />discharge into state waters be renewed, reissued, or modified to contain a less stringent effluent limitation if the <br />implementation of such 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 <br />does it authorize the infringement of federal, state, or local laws or regulations. stan c. Except for any toxic effluent standard or prohibition imposed under Section 07 of wthe ith <br /> a Federal it act d oaring is ermrd for <br />sewage sludge use or disposal under Section 405(d) of the Federal act, complnce permit of the <br />constitutes compliance, for purposes of enforcement, with Sections 301, 302, 306, 318, 403, and 405(a) and (b) <br />T-a......t .,,.+ z.L,urPVer. a nermmt may be modified, revoked and reissued or terminated during its term for cause as set