13.10.480 General prohibited discharge standards.
A. The city may allow an affirmative defense to an enforcement action brought against a user for noncompliance with the general and specific prohibitions in MMC 13.10.050(A) and (B)(3) through (B)(7). An affirmative defense requires the user to prove to the satisfaction of the director that:
1. 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;
2. The discharge did not change substantially in nature or constituents from the industrial user’s prior discharge when the city was regularly in compliance with its NPDES permit; and
3. In the case of interference, the user was in compliance with applicable sludge use or disposal requirements.
B. This defense does not relieve the user from responsibility for enforcement to recover costs as provided under this chapter. (Ord. 016/2021 § 2; Ord. 011/2004)