§ 53.114 AFFIRMATIVE DEFENSE.

   Any user shall have an affirmative defense in any action brought against it alleging a violation of the general prohibitions established in §§ 53.015 and 53.016 if it can demonstrate it met the conditions set forth in 40 CFR 403.5 (a)(2):

   (A)   The user did not know or have reason to know that its discharge, alone or in conjunction with a discharge or discharges from other sources, would cause pass through or interference; and

   (B)   (1)   A local limit designed to prevent pass through and/or interference, as the case may be, was developed in accordance with paragraph (c) of 40 CFR 403.5 for each pollutant in the user's discharge that caused pass through or interference, and the user was in compliance with each such local limit directly prior to and during the pass through or interference; or

      (2)   If a local limit designed to prevent pass through and/or interference, as the case may be, has not been developed in accordance with paragraph (c) of 40 CFR 403.5 for the pollutant(s) that caused the pass through or interference, the user's discharge directly prior to and during the pass through or interference did not change substantially in nature or constituents from the user's prior discharge activity when the POTW was regularly in compliance with the POTW's NPDES permit requirements and, in the case of interference, applicable requirements for sewage sludge use or disposal.

(Ord. 312-3-92, passed 3-16-92; Am. Ord. 493-05-02, passed 5-20-02)