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A. No user shall contribute or cause to be contributed any pollutant or wastewater which will pass through the city’s facilities or cause or contribute to interference with the operation of performance of the city’s facilities. Any violation of the terms of this part, local limits or a wastewater discharge permit is prohibited and shall constitute interference. This prohibition includes any type of pollutants or wastewater as set forth in the prohibition sections of this part. These general prohibitions apply to all users of the city’s facilities whether or not the user is subject to national pretreatment standards or any other national, state, or local pretreatment standards or requirements.

B. A user shall not introduce into the POTW any of the pollutant(s) which cause:

1. A violation of the POTW’s NPDES permit or a deterioration of water quality in the receiving stream; or a violation of the POTW’s general water reuse permit;

2. Pass through or interference;

3. Restrict sludge disposal options or cause a violation of sludge disposal regulations;

4. Endanger the health and safety of the POTW collection systems employees, POTW employees or the general public.

C. Affirmative Defenses. A user shall have an affirmative defense in any action brought against it alleging a violation of the general prohibitions established in 40 CFR 403.5(b)(4) if the user can demonstrate that both of the conditions below from 40 CFR 403.5(a)(2) are met:

1. User did not know or have reason to know that its discharge, alone or in conjunction with a discharge or discharges from other sources, would cause pass through or interference.

2. Directly prior to and during the pass through or interference, the user was in compliance with the existing limits for each pollutant in its discharge, or if there were no such existing limits, the user’s discharge directly prior to and during the violation did not change substantially in nature or constituents from the user’s prior discharge activity when the city was regularly in compliance with its NPDES permit requirements, and with other applicable requirements for POTW operations including sewage sludge use and disposal.

(Ord. 2282 NCS §3 (part), 2007.)