ELR Citation: ELR 20182
No(s). 1307-73 (D.D.C. Oct 31, 1973)

On motions to dismiss, the court rules that plaintiffs have standing and have stated a claim for which relief can be granted in an action for declaratory and injunctive relief prohibiting the granting of further sewer hookup permits for Washington, D.C.'s, Blue Plains Treatment Plant. Plaintiffs' claims that such permits would cause violation of water quality standards for the Potomac River set by the Water Quality Act of 1965, are actionable under the citizen's suit provision of the Federal Water Pollution Control Act Amendments of 1972. Venue is properly laid in the Federal District Court for the District of Columbia since an action under the FWPCA regarding an effluent standard violation by a discharge source lies in the judicial district in which the source is located. The motions to dismiss are granted, however, as to defendants Maryland Department of Natural Resources (DNR) and Montgomery County Council. The pleadings indicate that the DNR, even though it has the power to enter into contracts for water treatment services, has no authority to control actual discharges from the plant, and the court finds that the County Council's authority over construction in the county is not a sufficient connection with the instant controversy to warrant the imposition of relief.

Counsel for Plaintiffs
Robert L. Ackerly
Sellers, Conner & Cuneo
1625 K Street, NW
Washington, DC 20006

John C. Salyer Asst. Corporation Counsel
District Building
14th and E Streets, NW
Washington, DC 20004

Counsel for Federal Defendants
John E. Varnum
Department of Justice
Washington, DC 20530

Counsel for State Defendants
Warren K. Rich Special Asst. Attorney General
Francis Burch
Paul Walter
State Capitol
Annapolis, MD 21401

Counsel for County Defendants
Richard S. McKernon County Attorney
John B. Walsh Jr.
100 S. Perry Street
Rockville, MD 20850

Counsel for Washington Suburban Sanitary Commission
J. Eugene Cleary
Stephen P. Ellis
4077 Hamilton Street
Hyattsville, MD 20781