ELR Citation: ELR 21583
No(s). 95 Civ. 0286 (BDP) (S.D.N.Y. Jun 26, 1995)

The court dismisses for lack of adequate notice an environmental group's Federal Water Pollution Control Act (FWPCA) §505 citizen suit against a hospital for alleged violations of its state pollutant discharge elimination system permit at a sewage treatment plant it operates. The court holds that the group's notice of intent to sue letter fails to satisfy the content requirements specified in 40 C.F.R. §135.3(a). The notice letter does not provide sufficient information to allow the recipient to identify the date or dates of the alleged violations. Also, the group's failure to provide the time or sources of its allegations frustrates the underlying purposes of the FWPCA and its 60-day notice requirement, may have prevented the hospital from accurately identifying its alleged violations, and may have hindered a timely, out-of-court resolution of the conflict.

Counsel for Plaintiff
Timothy Cox, Karl Coplan
Pace Environmental Litigation Clinic
78 N. Broadway, White Plains NY 10603
(914) 422-4343

Counsel for Defendant
Michael B. Gerrard
Arnold & Porter
399 Park Ave., New York NY 10022
(212) 715-1000