Minnesota Administrative Rules
Agency 167 - Pollution Control Agency
Chapter 7049 - WASTEWATER PRETREATMENT
Part 7049.0150 - AFFIRMATIVE DEFENSE FOR VIOLATIONS
Universal Citation: MN Rules 7049.0150
Current through Register Vol. 49, No. 13, September 23, 2024
An industrial user has an affirmative defense in any action brought against it alleging a violation of the general prohibitions in part 7049.0140, subpart 2, and the specific prohibitions in part 7049.0140, subpart 3, items C to G, when the industrial user can demonstrate that:
A. the industrial 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; and
B.
(1) a local limit designed to prevent
pass-through or interference was developed according to part
7049.0600, subpart 2, or 7049.0850
for each pollutant in the industrial user's discharge that caused pass-through
or interference and the industrial user was in compliance with each such local
limit directly prior to and during the pass-through or interference;
or
(2) if a local limit designed to
prevent pass-through or interference has not been developed according to part
7049.0600, subpart 2, or 7049.0850
for the pollutants that caused the pass-through or interference, the industrial
user's discharge directly prior to and during the pass-through or interference
did not change substantially in nature or constituents from the industrial
user's prior discharge activity when the receiving POTW was regularly in
compliance with the receiving POTW's national pollutant discharge elimination
system permit requirements and applicable requirements for sewage sludge use or
disposal.
Statutory Authority: MS s 115.03
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