(A) A user shall have an affirmative defense in any action brought against it alleging a violation of the general prohibitions under § 53.085(B) and specific prohibitions under § 53.085(C)(5), (C)(6), (C)(7) or (C)(8) if the user can demonstrate that all of the conditions necessary to establish the defense under M.A.C. R 323.2303(3)(a) and (b) are met.
(B) However, even if the affirmative defense is established, the user may still be liable for surcharges for exceeding applicable discharge limitations as provided by this chapter.
(C) In any enforcement proceeding, the user seeking to establish the affirmative defenses provided by M.A.C. R 323.2303(3) shall have the burden of proof.
(Ord. 2009-5, passed 7-20-2009)