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PART'U <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 <br />ii. Information is available which was not available at the time of permit 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 />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 perimittee has received a permit variance; or <br />i <br />vi. 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 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 renewed, reissued, or modified to contain effluent limitations adopted pursuant to 61.8(2)(b) or <br />(Le <br />c) of the Colorado Discharge Permit System Regulations that aze less stringent than the comparable effluent <br />limitations in the previous permit, unless any of the exceptions provided herem is met and the conditions of paragraph <br />c. of this section are met. <br />i. In waters where the applicable water quality standard has not yet been attained, effluent limitations based on a <br />total maximum daily load or other waste load allocation may be revised to be less stringent if the cumulative <br />effect of all such revisions assures attainment of such water quality standard, or the designated use which is not <br />being attained is removed in accordance with Section 31.6 of the Basic Standards. <br />ii. In waters where the applicable water quality standard has been attained, effluent limitations based on a total <br />maximum daily load, other waste load allocation, or any other permitting standard (including any water quality <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 with Section 31.8 shall be presumed if the waters <br />in question have been designated by the Commission as "use protected"; or <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 permittee 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 />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 infringement of federal, ?statejor local laws or ergtilarions. any invasion of personal rights, nor <br />does it authorize the <br />c. Except for any toxic effluent standard or prohibition imposed under Section 307 of the Federal act or any standard for <br />sewage sludge use or disposal under Section 405(d) of the Federal act, compliance with a permit durm its term <br />constitutes compliancc, for purposes of enforcement, with Sections 301, 302, 306, 318, 403, and 405(at and (b) of the <br />h". T„ndifiPA_ revoked and reissued, or terminated during its term for cause as set