ELR Citation: ELR 20363
No(s). 5-91-0083 (WWE) (D. Conn. Mar 24, 1993)

The court holds that an environmental organization has standing under §505 of the Federal Water Pollution Control Act (FWPCA) to sue a company that is illegally discharging effluent into a publicly owned treatment works (POTW) without a permit, and because the facts of the discharge are undisputed, summary judgment is granted in favor of the organization. The court holds that the company's appeal of the denial of its permit renewal application is not a state enforcement proceeding for purposes of FWPCA §309(g)(6), which prohibits private actions while a state enforcement proceeding is in progress. The court holds that the organization has standing because it has made a good-faith allegation of continuous violations of the FWPCA to which the company has admitted, it has satisfied the FWPCA's citizen suit notice requirements, and there is no current enforcement action pending to bar the suit.

Counsel for Plaintiff
Katherine H. Robinson, Donald S. Strait
Connecticut Fund for the Environment
1032 Chapel St., New Haven CT 06510
(203) 524-1639

Counsel for Defendant
M. Donald Cardwell
Cardwell, Cardwell & Smoragiewicz
108 Oak St., Hartford CT 06106
(203) 278-6370