(A) If any person discharges or causes to be discharged a waste which causes interference, pass- through, obstruction, damage or any other impairment to the City’s POTW or the City of Indianapolis’ POTW, the Director may assess a charge against the person for:
(1) The work required to clean or repair the City’s POTW;
(2) Any civil penalty, fine or cost of compliance with injunctions or other orders of a court or governmental authority imposed against the City as a result of the interference, obstruction, damage or impairment; and
(3) All other costs or damages incurred by the City as a result of the interference, pass-through, obstruction, damage or impairment including but not limited to expert, consultant and attorney’s fees; and add the charges to the person’s regular charge.
(B) A person shall have an affirmative defense to any charge assessed against it under this section where the person can demonstrate that he, she or it did not know or have reason to know that his, her or its discharge, alone or in conjunction with a discharge or discharges from other sources, would cause pass-through or interference:
(1) A local limit designed to prevent pass-through and/or interference, as the case may be, has been developed for each pollutant in the person’s discharge that caused pass-through or interference, and the person was in compliance with the local limit directly prior to and during the pass-through or interference; or
(2) 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 person’s discharge directly prior to and during the pass-through or interference did not change substantially in nature or constituents from the person’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.