A user shall have an affirmative defense to an enforcement action brought against it for noncompliance with the prohibitions in this chapter or the specific prohibitions except those listed in § 52.009(B)(1), (2), and (8), if it can prove that it 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 entity exists for each pollutant discharged and the user was in compliance with each limit directly prior to, 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 Control Authority was regularly in compliance with its NPDES permit, and in the case of interference was in compliance with applicable biosolids (sludge) use or disposal requirements.
(Ord. 2005-8-226, passed 8-2-05)