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PART II <br />Page No. 25 <br />Permit No. COG-500000 <br />'10. Severability <br />The provisions of this permit are severable. If any provisions of this permit, or the application of any provision of this permit to any <br />circumstance, are held invalid, the application of such provision to other circumstances and the application of the remainder of this permit <br />shall not be affected. <br />11. Renewal Application <br />If the permittee desires to continue to discharge, a permit renewal application shall be submitted at least one hundred eighty (180) days <br />before this permit expires. If the permittee anticipates there will be no discharge after the expiration date of this permit, the Division <br />should be promptly notified so that it can terminate the permit in accordance with Part II.B.5. <br />12. Confidentialitv <br />Any information relating to any secret process, method of manufacture or production, or sales or marketing data which has been declared <br />confidential by the permittee, and which may be acquired, ascertained, or discovered, whether in any sampling investigation, emergency <br />investigation, or otherwise, shall not be publicly disclosed by any member, officer, or employee of the Commission or the Division, but <br />shall be kept confidential. Any person seeking to invoke the protection of this Subsection (12) shall bear the burden of proving its <br />applicability. This section shall never be interpreted as preventing full disclosure of effluent data. <br />13. Fees <br />The permittee is required to submit payment of an annual fee as set forth in the 1983 amendments to the Water Quality Control Act. <br />Section 25-8-502 (1) (b), and the Colorado Discharge Permit System Regulations 5 CCR 1002-61, Section 61.15 as amended. Failure to <br />submit the required fee when due and payable is a violation of the permit and will result in enforcement action pursuant to Section <br />•25-8-601 et. seq., C.R.S. 1973 as amended. <br />14. Duration of Permit <br />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 <br />cause the expired permit to continue in force to the effective date of the new permit. The permit's duration may be extended only through <br />administrative extensions and not through interim modifications. <br />15. Section 307 Toxics <br />If a toxic effluent standard or prohibition, including any applicable schedule of compliance specified, is established by regulation <br />pursuant to Section 307 of the Federal Act for a toxic pollutant which is present in the permittee's discharge and such standard or <br />prohibition is more stringent than any limitation upon such pollutant in the discharge permit, the Division shall institute proceedings to <br />modify or revoke and reissue the permit to conform to the toxic effluent standard or prohibition. <br />16. Antibackslidine <br />a. A permit may not be renewed, reissued, or modified to contain effluent limitations adopted pursuant to Section 25-8-503(1)(b) (BPJ) <br />of the Water Quality Control Act, which are less stringent than the comparable effluent limitations or standards in the previous <br />permit, unless any one of the following exceptions is met and the conditions of paragraph c. of this section are met: <br />i. Material and substantial alterations or additions to the permitted facility occurred after permit issuance which justify the <br />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, guidance, or test <br />methods) and which would have justified the application of a less stringent effluent limitation or. standard at the time of permit <br />issuance; or <br />iii. The Division determines that technical mistakes or mistaken interpretations of law were made in issuing the permit, which <br />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 control and for <br />which there is not reasonable available remedy; or <br />v. The permittee has received a permit variance; or <br />A. The permittee has installed the treatment facilities required to meet the effluent limitations in the previous permit and has