2011-10-24_PERMIT FILE - C1983059

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PART II Page No. 20 Permit No. COG-850IX10 B. RESPONSIBILITIES 15. Section 307 Toxics If a toxic effluent standard or prohibition, including any applicable schedule of compliance specified, is established by regulation pursuant to Section 307 of the Federal Act for a toxic pollutant which is present in the pemtittee's dischazge and such standard or prohibition is more stringent than any limitation upon such pollutant in the discharge permit, the Division shall institute proceedings to modify or revoke and reissue the permit to conform to the toxic effluent standard or prohibition. 16. Antibackslidine a. A permit may not be renewed, reissued, or modified to contain effluent limitations adopted pursuant to Section 25-8-503(1)(b) (BPJ) of the Water Quality Control Act, which aze less stringent than the compazable effluent limitations or standazds in the previous perrrtlt, unless any one of the following exceptions is met and the conditions of paragraph c. of this section are met: i. Material and substantial alterations or additions to the permitted facility occurred after permit issuance which justify the application of less stringent effluent limitations; or ii. Information is available which was not available at the time of permit issuance (other than revised regulations, guidance, or test methods) and which would have justified the application of a less stringent effluent limitation or standazd at the time of permit issuance; or iii. The Division determines that technical mistakes or mistaken interpretations of law were made in issuing the permit, which justified relaxation of the effluent limitations or standazds; or iv. A less stringent effluent limitation or standazd is necessary because of events over which the pertnittee has no control and for which there is not reasonable available remedy; or v. The permittee has received a permit variance; or vi. The perrrrittee has installed the treatment facilities required to meet the effluent limitations in the previous permit and has properly operated and maintained the facilities but has nevertheless been unable to achieve the previous effluent limitations, in which case, the limitations in the renewed, reissued, or modified permit may reflect the level of pollutant control actually achieved (but shall not be less stringent than required by effluent guidelines in effect at the time of permit renewal, reissuance, or modification). b. A permit may not be renewed, reissued, or modified to contain effluent limitations adopted pursuant to 61.8((2)(b) or (c) of the Colorado Discharge Permit System Regulations that are less stringent than the comparable effluent hmitanons in the previous pemtit, unless any of the exceptions provided herein is met and the conditions of pazagraph c. of this section are met. i. In waters where the applicable water quality standazd has not yet been attained, effluent limitations based on a total maximum daily load or other waste load allocation may be revised to be less stringent if the cumulative effect of all such revisions assures attainment of such water quality standazd, or the designated use which is not being attained is removed in accordance with Section 31.6 of the Basic Standards. ii. In waters where the applicable water quality standazd has been attained, effluent limitations based on a total maximum daily load, other waste load allocation, or any other permitting standazd (including any water quality standard) may be revised to be less stringent if such revision is subject to and consistent with the antidegradation provisions of Section 31.8 of the Basic Standards. Consistency with Section 31.8 shall be prestuned if the waters in question have been designated by the Commission as "use protected"; or iii. Whether or not the applicable water quality standazd has been attained: (A) Material and substantial alterations or additions to the permitted facility occurred after pemrit issuance which justified the application of less stringent effluent limitations; or (B) A less stringent effluent limitation is necessary because of events over which the pertnittee has no control and for which there is not reasonable available remedy; or (C) The pemilttee has received a permit variance; or (D) The pemilttee has installed the treatment facilities required to meet the effluent limitations in the previous pemrit and has properly operated and maintained the facilities but has nevertheless been unable to achieve the previous effluent limitations, m which case, [he limitations in the reviewed, reissued, or modified pemil[ may reflect the level of pollutant control actually achieved (but shall not be less stringent than required by effluent guidelines in effect at the time of permit renewal, reissuance, or modification).