Title 13 Public Utilities and Services
Chapter 13.03A Pretreatment
Article XII. Affirmative Defenses to Discharge Violations
Section 13.03A.1202 Prohibited Discharge Standards Affirmative Defenses [12.2]
A user shall have an affirmative defense to an enforcement action brought against it for non-compliance with the general prohibitions in SMC 13.03A.0201(A) or the specific prohibitions in SMC 13.03A.0201(B)(3) through (7) if it can prove that it did not know, or have reason to know in the exercise of reasonable prudence and caution, that its discharge, alone or in conjunction with discharges from other sources, would cause pass through or interference and that either:
- 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
- no local limit exists, but the discharge did not change substantially in nature or constituents from the user’s prior discharge when the City was regularly in compliance with its NPDES permit, and in the case of interference, the City was in compliance with applicable sludge use or disposal requirements.
NOTE: Bracketed enumerations reference the numbering in the EPA Region 10 Model Ordinance of March 27, 2012.
Date Passed: Monday, November 9, 2020
Effective Date: Wednesday, December 16, 2020
ORD C35961 Section 74
Section 13.03A.1202 Prohibited Discharge Standards Affirmative Defenses [12.2]
A user shall have an affirmative defense to an enforcement action brought against it for non-compliance with the general prohibitions in SMC 13.03A.0201(A) or the specific prohibitions in SMC 13.03A.0201(B)(3) through (7) if it can prove that it did not know, or have reason to know in the exercise of reasonable prudence and caution, that its discharge, alone or in conjunction with discharges from other sources, would cause pass through or interference and that either:
- 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
- no local limit exists, but the discharge did not change substantially in nature or constituents from the user’s prior discharge when the City was regularly in compliance with its NPDES permit, and in the case of interference, the City was in compliance with applicable sludge use or disposal requirements.
NOTE: Bracketed enumerations reference the numbering in the EPA Region 10 Model Ordinance of March 27, 2012.
Date Passed: Monday, November 9, 2020
Effective Date: Wednesday, December 16, 2020
ORD C35961 Section 74
