§ 28-250. Affirmative defenses; prohibited discharge standards.

A user shall have an affirmative defense to an enforcement action brought against it for noncompliance with the prohibited discharge standards in section 28-204 of this article if it can show 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 or interference was developed in accordance with subsection 62-625.400(3), F.A.C. for each pollutant in the user's discharge that caused pass through or interference and the user was in compliance with each such local limit directly prior to and during the pass through or interference; or

(b)

If a local limit designed to prevent pass through or interference has not been developed in accordance with subsection 62-625.400(3), F.A.C. for the pollutants that caused pass through or interference, and the user's discharge directly prior to and during the pass through or interference did not change substantially in nature or constituents from the user's discharge activity when the WWF was regularly in compliance with the WWF's permit requirements and applicable requirements for domestic wastewater residuals.

(Ord. No. C-98-61, § 3, 10-20-98; Ord. No. C-12-49, § 34, 12-18-12 )