PROHIBITED DISCHARGE STANDARDS DEFENSE.

Raleigh City Code § 8-2140.10

in effect

Sec. 8-2140.10. - PROHIBITED DISCHARGE STANDARDS DEFENSE. (a) A user shall have an affirmative defense to an enforcement action brought against it for noncompliance with the general prohibitions in §8-2113(a) of this article or the specific prohibitions in §§8-2113(b)(2), (3), (5) through (7), (9) through (23) of this article if it can prove 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: (1) 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 (2) 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, was in compliance with applicable sludge use or disposal requirements. (b) The references in §8-2140.10 refer only to specific prohibitions actually listed in the article; pursuant to 40 CFR Section 403.5(a)(2), the affirmative defense outlined in §8-2140.10 cannot apply to the specific prohibitions in §8-2113(b)(1), (4), and (8). (Ord. No. 2011-981, §1, 12-6-11)

Source: City of Raleigh, North Carolina, City Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/nc/raleigh/codes/code_of_ordinances?nodeId=DIVIICOGEOR_PT8PUUT_CH2WASESE_ARTCUSSASESY_DIV8AFDEDIVI_S8-2140.10PRDISTDEFetched: 11/1/2026