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§ 12.5-677 AFFIRMATIVE DEFENSES TO DISCHARGE VIOLATIONS FOR ACTION IN MUNICIPAL OR STATE COURT.
   (a)   A person shall be entitled to an affirmative defense to violation of a pretreatment standards or a permit under this article if a cause of action is brought in municipal or state court and that person can establish that an event that would otherwise be a violation of a pretreatment ordinance or a permit issued under article was caused solely by an act of God.
   (b)   To claim an act of God, a user must control production of all discharges to the extent possible until such time as the reduction, loss or failure of it’s treatment facility is restored or an alternative method of treatment is provided.
(Ord. 12274, § 1, passed 11-28-1995; Ord. 15496, § 15, passed 3-25-2003; Ord. 20043-01-2012, § 12, passed 1-10-2012)