ELR Citation: ELR 20726
No(s). H-84-490 (JAC) (D. Conn. Mar 31, 1986)

In a Federal Water Pollution Control Act (FWPCA) citizen suit, the court holds that liability may not arise from violations of a national pollutant discharge elimination system (NPDES) permit that occurred more than five years before the filing of the citizen suit, but that illegal discharges within the five-year limitations period need not be statistically significant for liability to arise under the FWPCA. The court first rules that a five-year statute of limitations applies to FWPCA citizen suits, noting that it determined the applicable limitations period in an earlier suit brought by plaintiff. The court next holds that defendant can be liable for effluent discharges that were not statistically significant. The significance of illegal effluent discharges affects the amount of damages, not the degree of liability. Also, defendant's claim that its discharges were an insufficient basis for liability contravenes congressional intent of expedited citizen suit prosecution of FWPCA violations.

Counsel for Plaintiffs
James Thornton
Natural Resources Defense Council
122 E. 42nd St., New York NY 10168
(212) 949-0049

Katherine H. Robinson
Connecticut Fund for the Environment
32 Grand St., Hartford CT 06106
(203) 524-1639

Counsel for Defendant
Thomas W. Witherington
Pullman, Comley, Bradley & Reeves
855 Main St., Bridgeport CT 06601
(203) 334-0112