[Amended 5-18-2011 by Ord. No. 155-7]
A user shall have an affirmative defense to an enforcement action brought against it for noncompliance with the general prohibitions in §
122-30A of this Part
2 or the specific prohibitions in §
122-30B of this Part
2 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
limit designed to prevent pass-through and/or interference, as the
case may be, 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 designed to prevent pass-through and/or interference, as the
case may be, exists, but the discharge did not change substantially
in nature or constituents from the user’s prior discharge when
the Joint Sewer Authority was regularly in compliance with its NPDES
permit, and in the case of interference, was in compliance with applicable
sludge use or disposal requirements.