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B~~ <br />PART II <br />Page No. 28 <br />Permit No.: CO-0038024 <br />iv) A less stringent effluent limitation or standard is necessary because of events over which the permittee has no control <br />• and for which there is not reasonable available remedy; or <br />v) The permittee has received a permit: variance; or <br />vi) The permittee has installed the treatment facilities required to meet the effluent limitations in the previous permit and <br />has properly operated and maintained the facilities but has nevertheless been unable to achieve the previous effluent <br />limitations, in which case, the limitations in the renewed, reissued, or modified permit may reflect the level of <br />pollutant control actually achieved (;but shall not be less stringent than required by effluent guidelines in effect at the <br />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 (c) of <br />the Colorado Discharge Permit System Regulations that are less stringent than the compazable effluent limitations in the <br />previous permit, unless any of the exceptions provided herein is met and the conditions of paragraph c. of this section are <br />met. <br />i) In waters where the applicable.water quality standard has not yet been attained, effluent limitations based on a total <br />maximum daily load or other waste load allocation maybe revised to be less stringent if the cumulative effect of all <br />such revisions assures attainment of such water quality standard, or the designated use which is not being attained is <br />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) maybe 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 in <br />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 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 reviewed, reissued, or modified pernrit 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 />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 guidelines <br />in effect at the time the permit is renewed, reissued, or modified. In no event may such a permit to discharge into state <br />waters be renewed, reissued, or modified to contain a less stringent effluent limitation if the implementation of such <br />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 does <br />it authorize the infringement of federal, state, or local laws or regulations. <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 pernrit during its term <br />