A user shall have an affirmative defense to an enforcement action brought against him or her for non-compliance with the general prohibitions in § 21-306(A), or the specific prohibitions in § 21-306(B)(2), (B)(3), (B)(5) through (B)(7), and (B)(9) through (B)(23), if he or she can prove that he or she did not know, or have reason to know, that his or her 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 town 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. 33-2002, passed 10-21-2002; Ord. 29-2008, passed 10- -2008)