AFFIRMATIVE DEFENSE TO PROHIBITED DISCHARGE OF A POLLUTANT.
Austin City Code § 15-10-301
in effect§ 15-10-301 - AFFIRMATIVE DEFENSE TO PROHIBITED DISCHARGE OF A POLLUTANT.
It is an affirmative defense to prosecution for a violation of the general prohibitions under Subsections 15-10-21(2) and (3) (General Prohibitions Against Discharge) and the specific prohibitions under Subsections 15-10-22(4), (7), (10), (14), (15), and (16) (Specifically Prohibited Pollutants) that the person did not know, or have reason to know, that the person's discharge, alone or in conjunction with discharges from other sources, would cause pass through or interference, and:
(1) immediately before and during the pass through or interference, the person was in compliance with a local limit for the discharged pollutant causing the pass through or interference; or
(2) no local limit exists for the pollutant that caused the pass through or interference, and the discharge:
(a) did not change substantially in nature or constituents from an earlier discharge during which the POTW was in compliance with the NPDES or TPDES permits, and
(b) in the case of interference, the POTW was in compliance with applicable sludge use or disposal requirements.
Source: 1992 Code Section 18-2-301; Ord. 031204-14; Ord. 031211-11.
Source: City of Austin, City Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/tx/austin/codes/code_of_ordinances?nodeId=TIT15UTRE_CH15-10WARE_ART12ENPEAP_DIV5DE_S15-10-301AFDEPRDIPOFetched: 10/27/2026