ELR Citation: ELR 20058
No(s). s. 90-CV-801, -896 (N.D.N.Y. Jul 19, 1993)

The court holds that environmental groups have standing under the Federal Water Pollution Control Act (FWPCA) §505 citizens suit provision to bring an action against tanneries as indirect sources for allegedly violating pretreatment effluent standards under FWPCA §§301(a) and 307(d) for their wastewater, which was treated by a publicly owned treatment works (POTW). The court holds that the statutory scheme requires that an indirect source be treated as an independent polluter, because protection of the environment depends on the compliance of both the POTW and the indirect discharger. The court holds that the groups have standing under §505, because the groups suffered an injury fairly traceable to the tanneries' violations, and the relief sought will redress the injuries alleged in the complaint. The court next holds that any claims for pre-January 1989 effluent standard violations that are within the scope of the complaint are not dismissed. Although the groups did not allege in the complaint or intent-to-sue letters that the tanneries violated effluent limitations before January 1989, the tanneries were on notice that the groups intended to hold them responsible for such violations. The court denies without prejudice the groups' motion for summary judgment based on the tanneries' failure to respond to interrogatories on these violations, because the issue of the complaints' scope was not timely presented, and it is improper to decide the issue on reconsideration. The court notes, however, that the groups may file a motion to compel responses to the interrogatories.

Counsel for Plaintiffs
Peter W. Henner
1237 Central Ave., P.O. Box 14913, Albany NY 12212
(518) 482-9145

Counsel for Defendant
Carmel J. Greco
Murphy & Niles
8 S. William St., Johnstown NY 12095
(518) 762-3103