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(a) A person commits an offense if the person owns, operates or is in control of any facility and there occurs a discharge from such facility to the POTW in violation of this article, a permit issued pursuant to this article, or any pretreatment standards.
(b) A person commits an offense if the person owns, operates or is in control of any facility and fails to make any report to the director as required by this article or a permit issued pursuant to this article.
(c) Other than subsections (a) or (b) above, a person commits an offense if the person owns, operates or is in control of any facility and knowingly violates a provision of this article, a provision of a permit issued pursuant to this article, or any order issued by the director under authority of this chapter.
(Ord. 12274, § 1, passed 11-28-1995)
(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)
A person shall be entitled to an affirmative defenses for a violation caused by an upset only if a cause of action is brought in federal court and the user demonstrates, through properly signed, contemporaneous operating logs, or other relevant evidence that:
(a) The user’s facility was at the time of the upset being operated in a prudent and workman-like manner and in compliance with applicable operation and maintenance procedures; and
(b) The user has submitted written notice with the information listed below to the director within 24 hours of becoming aware of the upset. If this notice is provided orally, a written notice must be provided within five days. The written notice must state:
(1) A description of the indirect discharge and cause of noncompliance;
(2) The period of noncompliance, including exact dates and times or, if not corrected, the anticipated time the noncompliance is expected to continue; and
(3) Steps being taken and/or planned to reduce, eliminate and prevent recurrence of the noncompliance.
(Ord. 20043-01-2012, § 12, passed 1-10-2012)
A person shall be entitled to an affirmative defense for a cause of action brought only in federal court for noncompliance with the general prohibition of §§ 12.5-610(a), 12.5-610.1(a) or 12.5-610.2(a) or a specific prohibition of §§ 12.5-610(b)(3), (b)(5), (b)(6), (b)(7) or (b)(8), 12.5-610.1(b)(3), (b)(4), (b)(5), (b)(6) or (b)(7) or 12.5-610.2(b)(3), (b)(4), (b)(5), (b)(6) or (b)(7); or if the user can show that the user did not know, or have reason to know, that its discharge, alone or in conjunction with discharges from other sources, would cause pass through or interference and that either:
(a) A local limit exists for each pollutant discharged and the user was in compliance with each limit directly prior to, and during, the pass through or interference; or
(b) No local limit exists, but the discharge did not change substantially in nature or constituents from the user’s prior discharge when the city was regularly in compliance with its NPDES permit, and in the case of interference, was in compliance with applicable sludge use or disposal requirements.
(Ord. 20043-01-2012, § 12, passed 1-10-2012)
Unless a provision explicitly states otherwise, the following terms and phrases, as used in this article, shall have the meanings hereinafter designated.
DIRECTOR. The director of the department of water or the director’s authorized representative. When used in the context of inspections and enforcement actions, the term shall also mean the director of the department of environmental management or the director’s authorized representative.
(Ord. 12274, § 1, passed 11-28-1995)
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