2012-01-09_PERMIT FILE - C1981035A (2)

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[3. RESPONSIBILITIES PART It Page No. 20 Pcrmit No. COG-850000 ~ 5. 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 pemuttee's dischazge and such standazd or prohibition is more stringent than any limitation upon such pollutant in the discharge pemrit, the Division shall institute proceedings to modify or revoke and reissue the permit to conform to the toxic effluent standard or prohibition. 16. Antibackslidint; 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 are less stringent than the comparable effluent limitations or standards in dte previous permit, unless any one of the following exceptions is met and the conditions of paragraph c. of this section are met: Material and substantial alterations or additions to the permitted facility occurred afrer permit issuance which justify the application of less stringent effluent limitations; or ii. Informatiotr is available which was not available at the time ofpermit issuance (other than revised regulations, guidance, ortest methods) and which would have justified the application of a less stringent effluent limitation or standazd at the time ofpernit issuance; or iii. T'he Division determines that technical mistakes or mistaken interpretations of law were made in issuing the permit, which justified relaxation of the effluent limitations or standards; or iv. A less stringent effluent limitation or standazd is necessary because of events over which the pemvttee has no control and for which there is not reasonable available remedy; or v. T'he permittee has received a permit variance; or • vi. T'he permittee has installed the treatment facilities required to meet the effluent limitations in the previous pemmt and ha., 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 gtdelines in effect at the time ofpermit 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 Pemtit System Regtdations that are less sttingentthan the corr>parable effluent limitations imthe previous pemut, unless any of the exceptions pruvided herein is met and the conditions of pazagraph c. of this section are met. i. ht waters where the applicable water quality standazd bas 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 ifthe cumulative effect ofall 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. ht waters where the applicable water quality standard 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 standazd) maybe revised to be less stringent if such revision is subject to and consistent with dre antidegradation provisions of Section 31.8 of the Basic Standazds. Consistency with Section 31.8 shall be presumed if the waters in question have been designated by the Comrrtission as "use protected"; or iii. Whether or not the applicable water quality standard has been attained: (A) Material and substantial alterations or additions to the permitted facility occurred afrer permit 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 permittee has no control and for which there is not reasonable available remedy; or (C) The permittee has received a permit variance; or (D) The pernuttee 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 prevtous effluent limitations. m which case, the limitations in the reviewed, reissued, or modified permit may reflect the level of pollutant cone • actually achieved (but shall not be less stringent than required by effluent guidelines in effect a[ the time ofperailt renewa., reissuance, or modification).