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(3) Whether or not the applicable water quality standard has been attained: <br />trtII <br />Page No. 25 <br />Permit No.: CO- 0027529 <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 has no control <br />and 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 <br />permit and has properly operated and maintained the facilities but has nevertheless been unable to 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 effluent limitation or standard which is less stringent than required by federal effluent guidelines <br />in effect at the time the permit is renewed, reissued, or modified. In no event may such a permit to discharge into state <br />waters be renewed, reissued, or modified to contain a less stringent effluent limitation if the implementation of such <br />limitation would result in a violation of an applicable water quality standard. <br />17. Effect of Permit Issuance <br />a. The issuance of 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 does <br />it authorize the infringement 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 for <br />sewage 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 the <br />Federal act. However, a permit may be modified, revoked and reissued, or terminated during its term for cause as set <br />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 particular standard for sewage sludge use or disposal shall be an <br />affirmative defense in any enforcement action brought for a violation of that standard for sewage sludge use or disposal. <br />