A user shall have an armative defense in any action brought against it alleging a violation of § 52.092, which results in pass through of pollutants or interference with POTW operations where the user can demonstrate that:
(A) It 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) A local limit designed to prevent pass through and/or interference, as the case may be, was developed in accordance with this chapter 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
(C) If a local limit designed to prevent pass through and/or interference, as the case may be, has not been developed 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.
(1995 Code, § 58-380) (Ord. passed 5-22-1995)