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14. Duration of Permit <br />15. Section 307 Toxics <br />16. Antibacksliding <br />_'art II <br />Page No. 24 <br />Permit No.: CO- 0027529 <br />The duration of a permit shall be for a fixed term and shall not exceed five (5) years. Filing of a timely and complete <br />application shall cause the expired permit to continue in force to the effective date of the new permit. The permit's duration <br />may be extended only through administrative extensions and not through interim modifications. <br />If a toxic effluent standard or prohibition, including any applicable schedule of compliance specified, is established by <br />regulation pursuant to Section 307 of the Federal Act for a toxic pollutant which is present in the permittee's discharge and <br />such standard or prohibition is more stringent than any limitation upon such pollutant in the discharge permit, the Division <br />shall institute proceedings to modify or revoke and reissue the permit to conform to the toxic effluent standard or prohibition. <br />a. A permit may not be renewed, reissued, or modified to contain effluent limitations adopted pursuant to Section 25-8 - <br />503(1)(b) (BPJ) of the Water Quality Control Act, which are Less stringent than the comparable effluent limitations or <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 />(1) 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 />(2) 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 />(3) 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 />(4) A less stringeni effluent limitation or standard is necessary because of events over which the permittee has no <br />control and for which there is not reasonable available remedy; or <br />The permittee has received a permit variance; or <br />(5) <br />(6) 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 6.9.2(2) or (3) of <br />the Regulations for the State Discharge Permit System that are less stringent than the comparable effluent limitations in <br />the previous permit, unless any of the exceptions provided herein is met and the conditions of paragraph (c) of this <br />section are met. <br />(1) 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 3.1.6 of the Basic Standards. <br />(2) 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 3.1.8 of the Basic Standards. Consistency with Section 3.1.8 shall be presumed if the waters in <br />question have been designated by the Commission as "use protected "; or <br />