A user shall have an affirmative defense to an enforcement action
brought against it for noncompliance with the general prohibitions
in Section 2.1A of this Ordinance or the specific prohibitions in
Sections 2.1B of this Ordinance 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.