(A) No user shall contribute, or cause to be contributed, any pollutant or wastewater which will pass through the District’s facilities or interfere with the operation or performance of the POTW. This prohibition includes any type of pollutant or wastewater as set forth in the prohibition sections of this chapter. These general prohibitions apply to all users of the POTW whether or not the user is subject to national pretreatment standards or any other national, state or District pretreatment standards or requirements.
(B) A user shall have an affirmative defense in any enforcement action brought against it alleging a violation of the general prohibitions, including a violation of the specifically prohibited effects or characteristics, where the user can demonstrate:
(1) That 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 result in a violation of this chapter, including a prohibited effect or prohibited characteristic; and
(2) The user was in compliance with the existing limits for each pollutant in its discharge that resulted in a violation, or if there were no such existing limits, the user’s discharge directly before and during the violation did not change substantially from the user’s prior discharges which occurred when the District remained in compliance with its NPDES permit and with applicable requirements for sewage biosolids use or disposal.
(Ord. 2022-02, passed 3-31-2022)