Section 309.206  Experimental Permits

a)         In order to promote the development of water pollution control technology, the Agency may issue experimental permits for treatment processes or techniques that do not satisfy the standards for issuance set forth in Section 309.241, provided that the applicant submits clear, cogent and convincing proof that the process or technique has a reasonable and substantial chance for success.

b)         The existence of a valid experimental permit shall constitute a prima facie defense to any action brought against the permittee for a violation of this Chapter, but only to the extent that such action is based on the failure of the process or techniques, during the period of validity of the permit, to meet the effluent limitations of water quality standards of this Chapter.

c)         An experimental permit may not be issued in lieu of an NPDES Permit when an NPDES Permit is required.