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I f <br />PART II <br />Page No. 32 <br />Permit No. CO-0044377 <br />Q. RFSPONSIBILITIES <br />lti. Antibackslidine <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 <br />which 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 haz no control <br />and for which there is not reasonable available remedy; or <br />(C) The pcrmi«ec 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 haz properly operated and maintained the facilities but haz nevenheless been unable w achieve <br />the previous effluent limitations, in which case, the limitations in the reviewed, reissued, or modified permit <br />may reflect the level of pollutant control actually achieved (but shall not be less stringent than required by <br />effluent 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 efllucnt limitation or standard which is less stringent thvt 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 imo state waters be renewed, reissued, or modified to comain a less stringent effluent limitation i(the <br />implementation of such limitation would result in a violation of an applicable water quality standard. <br />• l7. Effect of Permit Issuance <br />a. The issuance o(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 inGingement 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 <br />for seu~aee sludge use or disposal under Section 405(d) of the Federal act, compliance with a permit during its term <br />constitutes compliance, for purposes of enforcement, with Sections 301, 302, 306, 318, 403,. and 405(a) and (b) of <br />the Federal act. However, a permit may be modified, revoked and reissued, or terminated during its term for cause <br />as set forth in Section 6.9.8 of the Regulations for the State Discharge Permit System. <br />d. Compliance with a permit condition which implements a panicular standard for sewage sludge use or disposal shall <br />be an affirmative defense in any enforcement action brought for a violation oC [hat standard for sewage sludge use or <br />disposal. <br /> <br />INDBP NRt111tIrI 11, }PAI <br />