(1)
The city may allow an affirmative defense to an enforcement action brought against it for noncompliance with the general and specific prohibitions in WMC § 14.24.050(1) and (2)(c) through (g). Such defense requires the user to prove to the satisfaction of the director that:
(a)
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;
(b)
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
(c)
In the case of interference, the user was in compliance with applicable sludge use or disposal requirements.
(Ord. 1221 § 1, 1996)