ELR Citation: ELR 20211
No(s). 89-1091 (1st Cir. Oct 26, 1989)

The court rules that the Resource Conservation and Recovery Act's (RCRA's) domestic sewage exclusion applies only to waste from private residences, not to factory wastes that mix with sewage. Plaintiffs brought this action under RCRA's citizen suit provision, alleging that industrial waste discharged into an industrial park's sewer system was leaking and creating an imminent and substantial endangerment. The court initially holds that it has jurisdiction to hear this appeal and that the district court properly entered a final judgment on plaintiffs' multiple RCRA claims under Federal Rule of Civil Procedure 54(b).

The court next rules that RCRA's domestic sewage exclusion, found in the definition of solid waste in RCRA §1004(27), should be interpreted narrowly to include only sewage originating from residences. The word "domestic" in ordinary English means relating to the household or family. RCRA §1004(27) defines solid waste not simply by type of material, but also by source. It is unlikely that Congress intended to exempt potentially large amounts of industrial waste from RCRA's coverage simply because they mix with bathroom sewage. Further, Congress intended RCRA's injunctive relief provision to have a broad scope; it would be anomalous to interpret the exception broadly. Finally, the Environmental Protection Agency's interpretation is entitled to substantial deference given the statute's highly general terms.

[The district court's decision is published at 19 ELR 20143.]

Counsel for Appellants
Anthony Z. Roisman, Ann C. Yahner
Cohen, Milstein & Hausfeld
1401 New York Ave. NW, Ste. 600, Washington DC 20005
(202) 628-3500

Counsel for Amicus
Randolph L. Hill
Office of General Counsel
Environmental Protection Agency, 401 M St. SW, Washington DC 20460
(202) 475-8040

Susan B. Squires, Anne S. Almy
Land and Natural Resources Division
U.S. Department of Justice, P.O. Box 7611, Ben Franklin Station, Washington
DC 20044
(202) 633-2000

Counsel for Appellees
Robert E. Zahler
Shaw, Pittman, Potts & Trowbridge
2300 N St. NW, Washington DC 20037
(202) 663-8000

Francisco G. Bruno
Sweeting, Gonzalez & Cestero
G.P.O. Box 355, San Juan PR 00936
(809) 756-7150

Geoffrey Stewart
Hale & Dorr
The Willard, 1455 Pennsylvania Ave. NW, Washington DC 20004
(202) 393-0800

Before BREYER and SELYA, Circuit Judges, and CAFFREY,^* Senior District Judge.