[Amended 10-5-2010 by Ord. No. 2010.101]
A user shall have an affirmative defense to an enforcement action brought against it for noncompliance with the general prohibitions in Section
71-5(a) of this chapter or the specific prohibitions in Section
71-5(b)(1) through (18) of this chapter 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:
(1) 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
(2) No local limit exists, but the discharge did not change substantially
in nature or constituents from the user's prior discharge when the
City of Biddeford, Maine, was regularly in compliance with its MEPDES
permit, and in the case of interference, was in compliance with applicable
sludge use or disposal requirements.