ELR Citation: 44 ELR 20083
No(s). 12-943 (W.D. Pa. Apr 7, 2014) (Mitchell, C.J.)

A district court dismissed an environmental groups' citizen suit against a water authority for alleged CWA and state law violations in connection with the discharge of stormwater from a municipal separate storm sewer system to the Allegheny River. The groups did not argue that the authority violated its NPDES permit. Rather, they argued that the authority's failure to enforce ordinances imposed by the permit resulted in a violation of the permit and, therefore, a violation of the CWA. But the plain language of the NPDES permit in no way imposes a condition that if the ordinances are violated, the permit itself is violated. The court will not read into the permit a condition that the authority did not explicitly set forth in the first instance. The court, therefore, granted summary judgment in favor of the authority. The court also refused to exercise jurisdiction over the Pennsylvania Clean Streams Law claim. Accordingly, the court dismissed the groups' state law claim for a violation of the Pennsylvania Clean Streams Law without prejudice.