Laserfiche WebLink
<br />PART II <br />Page No. 35 <br />Permit No.: CO-0000906 <br />• standards in the previous permit, unless any one of the following exceptions is met and the conditions of paragraph (c) of <br />this section are met: <br />i) Material and substantial alterations or additions to the permitted facility occurred after permit issuance which justify <br />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 permit, <br />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 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 comparable 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 may be 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) 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 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 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).