62.1-44.19:16 - Technology-based standards and effluent limitations.
§ 62.1-44.19:16. Technology-based standards and effluent limitations.
A. The Board may establish a technology-based standard less stringent thanthe applicable standard specified in § 62.1-44.19:15 based on a demonstrationby an owner or operator that the specified standard is not technically oreconomically feasible for the affected facility or that the technology-basedstandard would require the owner or operator to construct treatmentfacilities not otherwise necessary to comply with his waste load allocationwithout reliance on nutrient credit exchanges pursuant to § 62.1-44.19:18.
B. The Board may include technology-based effluent concentration limitationsin the individual permit for any facility that has installed technology forthe control of nitrogen and phosphorus whether by new construction,expansion, or upgrade. Such limitations shall be based upon the technologyinstalled by the facility and shall be expressed as annual averagelimitations. Such limitations shall not affect the generation, acquisition,or exchange of allocations or credits pursuant to this article.
(2005, cc. 708, 710.)