ELR Citation: ELR 20364
No(s). 85-1248 (M.D. Pa. Jan 17, 1986)

The court rules that §505 of the Federal Water Pollution Control Act authorizes citizen suits by persons with economic interests to enforce construction schedules in national pollutant discharge elimination system (NPDES) permits. In a suit by land developers to speed construction of new sewage treatment capacity, which is the prerequisite for removal of a construction ban affecting the developers' properties, the court initially holds that plaintiffs have standing. The court rules that §505 does not limit standing to those with environmental concerns. Section 505(g) defines the scope of citizen suit authority broadly to include any person whose interests are adversely affected. Plaintiffs' suit does not conflict with the environmental quality purposes of the FWPCA, since the suit would enforce the Act's pollution control requrements. The court also rejects the argument that plaintiffs' injury did not result from violation of defendant's permit, since the construction ban was imposed as a result of defendant's failure to comply with the construction schedule in its NPDES permit.

The court notes that the relevant facts are undisputed: defendant violated its construction schedule for six-and-a-half months in 1985 and is now in compliance with an extended schedule. The court rules that §505 authorizes suits to enforce permit schedules as well as effluent limitations. Any ambiguity in the statutory language disappears on reading the legislative history. The court also rules that plaintiffs may sue for past violations. In conclusion, the court grants plaintiffs summary judgment, but denies the motion for injunctive relief since defendant is in compliance with its extended schedule. The court defers decision on plaintiffs' motions for civil penalties and costs, since the parties have not briefed those issues.

Counsel for Plaintiffs
Albert Slap, Rex F. Brien
Slap, Williams & Cuker
Suite 960, 1 Franklin Plaza, Philadelphia PA 19102
(215) 557-0099

Counsel for Defendant
Victor A. Bihl
Reynolds, Bihl, Wion & Trace
109 Locust St., P.O. Box L121, Harrisburg PA 17108
(717) 236-9301

Terry R. Bossert
McNees, Wallace & Nurick
P.O. Box 1166, Harrisburg PA 17108
(717) 232-8000